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2004 FEB 03 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda. During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state* Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p m the prior Tuesday). Other members of the public may comment on these items only during this second Public Communications portion of the Agenda The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 3, 2004 — 5:00 P.M. Next Resolution # 4361 Next Ordinance # 1372 5:00 P.M. SESSION CALL TO ORDER ROLL CALL CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue.) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under Government Code §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: 001 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 2 matters 1. Bressi v. City of El Segundo, LASC No. BC288292 2 Bressi v City of El Segundo, LASC No. BC288293 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c)• -1- matter 1 LAX DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — None CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — None SPECIAL MATTERS — None 2 009 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting. During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p m the prior Tuesday) Other members of the public may comment on these items only during this second Public Communications portion of the Agenda The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 3, 2004 — 7:00 P.M. Next Resolution # 4361 Next Ordinance # 1372 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Reverend Bonnie Wulff of Living in the Inner Light Foundation PLEDGE OF ALLEGIANCE — Members of Boy Scout Troops 267, 762 and 773 3 3 PRESENTATIONS - (a) Commendation to Jim & Jacks Auto Repair for their years of service to our community. (b) Introduction of Margie O'Tarpey by Mary Strenn, City Manager. Ms. O'Tarpey is currently the CEO, Local Government Managers Australia, New South Wales, which is part of the International Exchange Program of the League of California Cities, City Managers Department. (c) Certificates of Appreciation presented to the members of the El Segundo Skateboard Task Force for their commitment to the Skateboard Park project. ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS 1. Consideration and possible action (Public Hearing) regarding a request to renew, extend, and amend a Development Agreement between the City and Mattel, Inc. to permit the construction of a 300,000 square foot research and development building at 455 Continental Boulevard and a 255,000 square foot research and developmentloffice building at 1955 East Grand Avenue. The request also includes an application for a General Plan Amendment and Zone Text Amendment to allow the proposed structures to exceed the density limitations in the Corporate Office (CO Zone). Recommendation - (1) Open Public Hearing; (2) Discussion; (3) Reading of Resolution approving Environmental Assessment No. 559 and General Plan Amendment No. 03 -3, (4) Introduction of Ordinance for Zone Text Amendment No. 03 -2 and Development Agreement 01 -3; (5) Schedule second reading and adoption of Ordinance on February 17, 2004; (6) Alternatively, discuss and take other action related to this item. 4 Q C. UNFINISHED BUSINESS 2. Consideration and possible action regarding uniform newsrack locations and type of newsracks to be installed on Main Street and Grand Avenue in the Downtown Specific Plan (DSP) area. Recommendation — (1) Adopt Resolution identifying uniform newsrack locations and model of newsracks; (2) Alternatively, discuss and take other action related to this item. 3. Consideration and possible action regarding adoption of plans and specifications for the El Segundo Skateboard Park located at 405 Grand Avenue — Approved Capital Improvement Program. (Estimated Cost $433,693.60) 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. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 4. Consideration and possible action to reappoint Sandra Jacobs, Mayor Pro Tem, to a new four -year term as Trustee on the Los Angeles County West Vector Control District. Recommendation — (1) Reappoint Sandra Jacobs to a new four -year term as a Trustee on the Los Angeles County West Vector Control District Board of Trustees; (2) Direct City Clerk to send a letter to the District's Executive Director confirming the appointment date and vote of the City Council; (3) Alternatively, discuss and take other action related to this item. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 5. Warrant Numbers 2538476 to 2538748 on Register No. 8 in the total amount of $1,446,872.99 and Wire Transfers from 1/9/2004 through 1/23/2004 in the total amount of $1,130,037.65. Recommendation — Approve Warrant Demand Register and authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 5 O 6. City Council Meeting Minutes of January 20, 2004 Recommendation — Approval. 7. Consideration and possible action regarding an Ordinance and a Resolution of Intention to approve an amendment to contract between the Board of Administration of the California Public Employees Retirement System and the El Segundo City Council providing 4t" level of 1959 Survivor Benefits for the members of the El Segundo Firefighters Association. Recommendation — (1) Provide for the first reading of the Ordinance; (2) Adopt the Resolution; (3) Alternatively, discuss and take other action related to this item. 8. Consideration and possible action regarding a resolution providing for the delegation of authority from the City Manager to the Director of Administrative Services in the City of El Segundo Disability Retirement Procedures for members of the El Segundo Police Association, El Segundo Firefighters Association and the El Segundo Police Managers Association. Recommendation — (1) Adopt the resolution; (2) Alternatively, discuss and take other action related to this item. 9. Consideration and possible action regarding proposed revisions to the qualifications sections of the Fire Captain, Battalion Chief and Battalion Chief - Administration class specifications. Recommendation — (1) Approve the revised class specifications; (2) Alternatively, discuss and take other action related to this item. 10. Consideration and possible action regarding adoption of an ordinance amending the El Segundo Municipal Code (ESMC) Section 14 -1 -12 and 14 -2 -7 to revise the Subdivision Regulations to add provisions to allow a stay of an approved tentative map while litigation is pending on a project. Applicant: TPG -El Segundo Partners, LLC. Recommendation — (1) Second reading and adoption of Ordinance by title only; (2) Alternatively, discuss and take other action related to this item. 6 S 11. Consideration and possible action to accept the traffic signal and intersection improvements for Sepulveda Boulevard at Grand Avenue and El Segundo Boulevard — Project No. PW 02 -15 — Approved Capital Improvement Program. (Final Contract Amount $285,134.05) Recommendation — (1) Approve Change Order No. 1 in the amount of $9,174.05; (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. 12. Consideration and possible action regarding introduction and second reading of an Ordinance adding Chapter 4 to Title 10 of El Segundo Municipal Code entitled "Skateboard Parks" granting the City specific immunity from liability associated with the operation of a skateboard park. Recommendation — (1) Second reading and adoption of Ordinance by title only; (2) Alternatively, discuss and take other action related to this item. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 13. Consideration and possible action regarding adoption of local goals and policies for the creation of Community Facilities Districts (CFD's) pursuant to the Mello- Roos Communitv Facilities Act of 1982. Recommendation — (1) Discussion; (2) Reading of Resolution adopting local Community Facility District Goals and Policies; (3) Alternatively, discuss and take other action related to this item. 14. Consideration and possible action to appoint a Water and Sewer Rates Task Force with a task to review and recommend action on a study being prepared by AKM Consulting Engineers on the need to increase rates to fully support operation, maintenance and capital costs of the City sewer and water utilities. Recommendation — (1) Appoint a Water and Sewer Rates Task Force consisting of two members of Council, one member of the El Segundo Residents Association (ESRA), one member of the Chamber of Commerce, one member of the El Segundo Employers Association (ESEA), one at large resident, the City Manager, the Director of Administrative Services and the Public Works Director, to review the proposed rates including the related capital needs and financial information and recommend appropriate rate increases to meet the operational and capital needs of the utilities; (2) Alternatively, discuss and take other action related to this item. 7 G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE I. REPORTS —CITY CLERK — NONE J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Council Member Gaines — 15. Consideration and possible action to adopt a resolution urging the President and Congress to utilize all means available to persuade Mexico to amend its current extradition policy toward individuals accused of committing capital crimes in the United States. Recommendation — (1) Adopt the attached resolution; (2) Alternatively, discuss and take other action related to this item. Council Member Wernick — Mayor Pro Tern Jacobs — Mayor Gordon — 16. Consideration and possible action regarding an extension of the agreement between the City and the MWW Group for services related to the Los Angeles International Airport (LAX) Master Plan. Recommendation — (1) Extend agreement with MWW Group; (2) Alternatively, discuss and take other action related to this item. PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. 8 MEMORIALS — CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED - DATE: 02 9 9 TIME 3d ^f' NAME: 9 g EL SEGUNDO CITY COUNCIL MEETING DATE: February 3, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business - Public Hearing AGENDA DESCRIPTION: Consideration and possible action (public hearing) regarding a request to renew, extend, and amend a Development Agreement between the City and Mattel, Inc. to permit the construction of a 300,000 square foot research and development building at 455 Continental Boulevard and a 255,000 square foot research and development/office building at 1955 East Grand Avenue. The request also includes an application for a General Plan Amendment and Zone Text Amendment to allow the proposed structures to exceed the density limitations in the Corporate Office (CO Zone). RECOMMENDED COUNCIL ACTION: 1) Open Public Hearing; 2) Discussion; 3) Reading of Resolution approving Environmental Assessment No. 559 and General Plan Amendment No. 03 -3, 4) Introduction of Ordinance for Zone Text Amendment No. 03 -2 and Development Agreement 01 -3; 5) Schedule second reading and adoption of Ordinance on February 17, 2004; and /or, 6) Other possible action /direction. BACKGROUND & DISCUSSION: (Background and discussion on the next page.....) ATTACHED SUPPORTING DOCUMENTS: 1. Draft Resolution 2. Draft Ordinance 3. Planning Commission Staff Report from December 18, 2003 4. Draft Minutes of Planning Commission meeting of December 18, 2003 5. Final Subsequent Environmental Impact Report (Distributed separately) FISCAL IMPACT: Operating Budget: N/A Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriation Required: Yes x No ORIGINi�ED BY:^ DATE: Jan)6s M{ Hansen, Director of Community, Economic and Development Services Ma DATE: 10 1 EL SEGUNDO CITY COUNCIL MEETING DATE: February 3, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business - Public Hearing AGENDA DESCRIPTION: Consideration and possible action (public hearing) regarding a request to renew, extend, and amend a Development Agreement between the City and Mattel, Inc. to permit the construction of a 300,000 square foot research and development building at 455 Continental Boulevard and a 255,000 square foot research and development/office building at 1955 East Grand Avenue. The request also includes an application for a General Plan Amendment and Zone Text Amendment to allow the proposed structures to exceed the density limitations in the Corporate Office (CO Zone). RECOMMENDED COUNCIL ACTION: 1) Open Public Hearing; 2) Discussion; 3) Reading of Resolution approving Environmental Assessment No. 559 and General Plan Amendment No. 03 -3, 4) Introduction of Ordinance for Zone Text Amendment No. 03 -2 and Development Agreement 01 -3; 5) Schedule second reading and adoption of Ordinance on February 17, 2004; and /or, 6) Other possible action /direction. BACKGROUND & DISCUSSION: (Background and discussion on the next page.....) ATTACHED SUPPORTING DOCUMENTS: 1. Draft Resolution 2. Draft Ordinance 3. Planning Commission Staff Report from December 18, 2003 4. Draft Minutes of Planning Commission meeting of December 18, 2003 5. Final Subsequent Environmental Impact Report (Distributed separately) FISCAL IMPACT: Operating Budget: N/A Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriation Required: Yes x No ORIGIN f DATE: te, /6� Jarry6s M{ Hansen, Director of Community, Economic and Development Services BY: Mary Strenn, City Manager DATE: 10 1 City Council Staff Report BACKGROUND & DISCUSSION February 3, 2004 Briefly, the proposed project is a request to amend the General Plan and the text of the Corporate Office (CO) Zone for the property at the northwest corner of Continental Boulevard and East Grand Avenue to allow an expanded corporate office / research development on the site. Also requested is a renewal, extension and expansion of the Development Agreement for the project. The request includes two parcels: The Grand Way Phase II parcel and the 1955 East Grand Avenue parcel. The Grand Way Phase II (455 Continental; parcel 3) site is 3.5 acres in size and is proposed to be developed with 300,000 square foot of research and office space within an eight -story building and a 5.75 level 715 space parking structure. A portion of the research and office space will be within the parking structure building. The 1955 East Grand Avenue site is 5 acres in size and is proposed to be developed with a total of 255,000 square feet of primarily research and office space within two, four -story buildings; and a three - level 894 space parking structure. Currently, there is a 55,000 square foot office building on this site that would be replaced with the proposed building. The property is located at the northwest corner of Continental Boulevard and East Grand Avenue in the Corporate Office (C- O) Zone. The following applications require City Council action: 1. Environmental Assessment No. 559 (EA No. 559) California Environmental Quality Act (CEQA) - A Subsequent Environmental Impact Report is proposed for this project pursuant to the requirements of CEQA. The public review and comment period for the Environmental Document extends from September 25, 2003 to November 8, 2003. 2. Development Agreement No. 01 -3 (DA No. 01-31 - An eight -year Development Agreement renewal, extension and amendment is proposed to allow the developer sufficient time to build the project. 3. General Plan Amendment No. 03 -2 (GPA No. 03 -2) — A General Plan amendment is requested in order to amend the Land Use Element of the General Plan to allow the two proposed buildings to exceed the floor area ratio (FAR) permitted in the Corporate Office Land Use Designation. The proposed building on the Phase II Parcel with an FAR of 1.96, although in excess of the current FAR (0.8) for the zone, is consistent with the 2.0 FAR granted pursuant to the prior Development Agreement. The applicant requested a 1.17 FAR for the 1955 East Grand Avenue parcel and the current zoning only provides for a 0.8 FAR. 4. Zone Text Amendment No. 03 -2 (ZTA No. 03 -2) -An amendment to Section 15 -5D -7F of the El Segundo Municipal Code is required for consistency with the General Plan if the increased FAR is approved for the project. 2 lY City Council Staff Report February 3, 2004 On November 13 and December 18, 2003, the Planning Commission conducted a public hearing on the proposed project and adopted Resolution No. 2556, recommending City Council approval of a portion of the project. The Planning Commission, following the recommendation of staff by a 4 to 1 vote, recommended that the additional FAR requested for the 1955 East Grand Avenue not be approved. The consensus of the Commission was that there was insufficient justification for the granting of the General Plan Amendment forthe 1955 Grand Avenue Building. The Planning Commission Staff Report of December 18, 2003 (Exhibit C) contains a full project description and analysis. This report includes a discussion of the most significant issues that have been raised through the application process. These are land use density, Development Agreement benefits and fees, and environmental impacts. Land Use Density The Grand Way project was originally approved in 1985 when the property was zoned Special Commercial (C -3). In 1992, the City of El Segundo changed the General Plan land use designation of the property (and general area) from the Special Commercial to Corporate Office. The most significant change that occurred with the change of zone was a reduction of the maximum Floor Area Ratio (FAR) permitted for the site from 2.0:1 to 0.8:1. Phase I of the project (Mattel headquarters and Doubletree Hotel) was completed per the terms of the original eight -year Development Agreement agreement. An amended Development Agreement was approved in 1993 extending the term of the agreement for the Phase II parcel and making other minor changes. The proposed project (Phase II parcel) requests approval of FAR of 1.96:1 which is above the current 0.8:1 requirement— but less than 2.0:1 standard that was in place when the project was originally considered in 1985 and again in 1993. The proposed 300,000 square feet for the Phase II parcel is also consistent with what was originally approved in 1985 and re- approved in 1993. The 1955 East Grand Avenue property was not a part of the original Development Agreement, or the 1993 amendment. No prior entitlement for increased FAR has been considered for the Grand Avenue property. Since the proposed project would exceed the current 0.8:1 FAR standard in the CO Zone, an amendment to the General Plan would be necessary for either of the two proposed buildings to be approved at the requested density. Since the General Plan was adopted in 1992, the City has only once approved a General Plan Amendment to increase the density of a parcel. In that case, a new, six -story Class A office building was approved to replace a larger, ten -story obsolete office building at 888 North Sepulveda Boulevard. Thus, the density of the actual building on the site was decreased. Staff recommended and the Planning Commission concurred with the merits of granting the renewal of the entitlements for the 300,000 square foot phase II building, which has been planned for many years. However, despite Mattel Inc.'s earnest desire to provide facilities for the growth of their company here in El Segundo, staff and the Planning Commission could not find sufficient justification to support the General Plan Amendment for the proposed building at 1955 East 3 12 City Council Staff Report Grand Avenue. February 3, 2004 Development Agreement The proposed Development Agreement includes several significant public benefits. The Agreement has been structured such that the number of public benefit is tied directly to how much of the proposed project is approved by the City. The applicant has indicated that it believes the public benefits listed below should only be required if additional FAR is granted for the 1955 East Grand Avenue Building. Staff thinks that the valuable property rights that would be conferred simply by renewing the right to build the Phase II building is reason enough for public benefits to be required in the amended Development Agreement. The following summarizes the public improvements for which the applicant would be responsible and how much of the project would have to be approved for the improvement to be required. Public Improvement Development Threshold 1. Grinding and repaving of Continental Approval of any amount of development boulevard between El Segundo Boulevard and Mariposa Boulevard. 2. Provide Landscaping and irrigation Approval of any amount of development improvements to the median island on Continental Boulevard between El Segundo Boulevard and Mariposa Avenue 3. Construct a left turn pocket in the median Approval of a GPA and ZTA to allow island of northbound Continental Boulevard additional FAR on the 1955 East Grand at the intersection of Grand Avenue and Avenue property. Continental Boulevard The Planning Commission did not recommend approval of the GPA and ZTA for the 1955 East Grand Avenue property. However, if the City Council were to consider approval of this additional development right, staff suggests that the Development Agreement provide an additional public benefit of the Continental Boulevard left -turn pocket. Since the Planning Commission recommended against granting additional FAR for the 1955 East Grand Avenue building, the Continental Boulevard left -turn pocket is not included in the draft Development Agreement The Development Agreement has also been structured to require the payment of additional police, fire, library, and traffic impact fees ($614,334) with a prorated credit applied for the fees that have already been paid for the Phase II portion of the Grand Way project ($103,115) when Phase I was built. It is important to note that the applicant disagrees with the Planning Commission's recommendation to require the additional fees for the Phase II building. However, it is staff's opinion that the project should be responsible for paying the development impact fees that are in effect today and not just the fees that were negotiated as part of the original development agreement in 1985 ($174,050 for Phase II). The project as recommended by staff and the Planning Commission would be responsible for contributing an additional $511,216 in developer fees for the Phase II building and $347,789 forthe 1955 East 4 1.3 City Council Staff Report February 3, 2004 Grand Avenue building, totaling $858,789. Attachment No. 2 to the December 18, 2003 Planning Commission Staff Report (Exhibit C) contains a summary of the recommended impact fees. Environmental Review The proposed project has been analyzed for its environmental impacts and a Draft Subsequent Environmental Impact Report (SEIR) was prepared and circulated for a 45 -day review period pursuant the California Environmental Quality Act (CEQA) from September 25 to November 11, 2003. Nine comments were received on the Draft SEIR. These comments along with response and other revisions to the draft SEIR have been incorporated into the Final SEIR. The Draft SEIR updated the project description and environmental setting of the EIR prepared for the original Phase I and Phase II project and incorporates the 1955 East Grand Avenue development into the new SEIR. The Draft SEIR concluded that all potentially significant project related impacts identified in the Draft SEIR, with the exception of short-term air quality construction impacts and cumulative eight -hour carbon monoxide (CO) standards at five intersections and one -hour CO standards at one intersection (Imperial Highway and Nash Street), are at a less than significant level due to the application of relevant City policies and regulations and the imposition of project specific mitigation measures. Table ES -1 (page ES -6) of the Draft SEIR summarize the potential environmental impacts, the proposed mitigation measures, and the level of significance of each potential impact after mitigation. The Planning Commission Staff Report of December 18, 2003 contains a full discussion of the significant unavoidable impacts. As indicated above, the Draft SEIR identifies significant project related air quality impacts that cannot be mitigated to a less than significant level. In such cases, CEQA requires that the project cannot be approved unless special findings of overriding concerns can be made by the City Council. Unless the project is modified by the applicant to avoid the significant impacts, a Statement of Overriding Considerations must be adopted by the City Council stating the specific reasons why the project's benefits outweigh its significant environmental impacts. Staff recommends that the City Council find that the overriding benefits of the project outweigh the environmental impacts and adopt a Statement of Overriding Consideration as required by CEQA (Exhibit "A" to Attachment No. 1). The consistency of the project with the General Plan as described in the December 18, 2003 Planning Commission Staff Report, the public improvements to the City streets and median island landscaping, the retention and consolidation of Mattel's corporate operations, the creation of approximately 1,500 to 2,000 jobs, and the other economic and social benefits that will be derived are all significant public benefits that outweigh the nature of the unavoidable impacts. 14 5 City Council Staff Report February 3, 2004 Conclusion Staff recommends that the City Council follow the recommendation of the Planning Commission and approve the General Plan Amendment and Zone Text Amendment allowing Mattel, Inc to build a 300,000 square foot building on the Phase II parcel at 455 Continental Boulevard that would exceed the 0.8 maximum FAR in the CO Zone. Staff also recommends that the Council approve the construction of a new building at 1955 East Grand Avenue at a maximum FAR of 0.8, consistent with the CO Zone. Finally, staff recommends that the Council approve a renewal, extension and amendment to the Development Agreement to grant Mattel eight years to complete the project. P \Planning & Budding Safety\PROJECTS \551- 575 \EA - 559 \EA -559 ais doc 6 15 RESOLUTION NO. • RESOLUTION OF THE EL SEGUNDO CITY COUNCIL TO CERTIFY • SUBSEQUENT ENVIRONMENTAL IMPACT REPORT OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT NO. 559, SUBMITTED BY MATTEL INCORPORATED, FOR AN AMENDMENT TO THE GENERAL PLAN DESIGNATION AND CORPORATE OFFICE (C -O) ZONE FOR 455 CONTINENTAL BOULEVARD AND 1955 EAST GRAND AVENUE. The City Council of the city of El Segundo does resolve as follows: SECTION 1: The City Council finds and declares that: A. On July 25, 2001, Mattel, Inc. filed an application for an Environmental Assessment to amend and extend a Development Agreement for property located at 455 Continental Boulevard. On June 20, 2003, Mattel, Inc. filed additional applications requesting to amend the General Plan designation, amend the Zoning Code, and to include 1955 E. Grand Avenue in the Development Agreement to allow an expanded corporate office and research development; B. The Mattel, Inc. application was reviewed by the City's Department of Community, Economic and Development Services for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC "); C. In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA "), the regulations promulgated thereunder (14 Cal. Code of Regulations § §15000, et seq., the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); D. An Initial Study was prepared pursuant to the requirements of CEQA. The Initial Study demonstrated that the project could cause significant environmental impacts. Accordingly, a Draft Subsequent Environmental Impact Report ( "DEIR ") was prepared and circulated for public review and comment between September 25, 2003 and November 11, 2003; E. The Department of Community, Economic and Development Services completed its review and scheduled a public hearing regarding the application before the Planning Commission for November 13, 2003; F. On November 13, 2003 the Commission opened a public hearing to receive public testimony and other evidence regarding the application 16 Page 1 of 10 January 29, 2004 including, without limitation, information provided to the Commission by City Staff and representatives of Mattel, Inc. and continued the public hearing to December 18, 2003; G. On December 18, 2003, the Planning Commission held the continued public hearing and adopted Resolution No. 2556 recommending City Council approval of Environmental Assessment No.559, General Plan Amendment 03 -3, Zone Text Amendment No. 03 -2, and Development Agreement No. 01 -3; H. On February 3, 2004 the Council held a public hearing and considered the information provided by City staff, public testimony and Mattel, Inc. This Resolution and its findings, are made based upon the testimony and evidence presented to the Council at its February 3, 2004 hearing including, without limitation, the staff report submitted by the Department of Community, Economic and Development Services. SECTION 2: Factual Findings. The Council finds that the following facts exist: A. The real property affected by this resolution includes two parcels located at 455 Continental Boulevard - a 3.5 acre irregular shaped area, and at 1955 East Grand Avenue - a 5 acre rectangular area; B. The subject properties have vehicular access from Continental Boulevard and East Grand Avenue; C. The 455 Continental site is currently occupied by private recreational facilities, and the 1955 East Grand Avenue site is currently occupied by a 55,000 square foot two -story office building and associated surface parking; D. The applicant proposes constructing 300,000 square of office and research & development space and a parking structure at 455 Continental, and 255,000 square feet of office and research & development space and a parking structure at 1955 East Grand Avenue. The applicant also proposes demolition of the 55,000 square foot office building at 1955 Grand Avenue. E. The subject properties are located within the Corporate Office (C -O) Zone, which allows development with a Floor Area Ratio (FAR) of 0.8:1. The applications request that the FAR be increased to 1.96:1 for the 455 Continental parcel. The applications request that the FAR be increased to 1.17:1 for the 1955 East Grand Avenue parcel. SECTION 3: Environmental Assessment. The City Council makes the following environmental findings: 17 Page 2 of 10 January 28, 2004 A. The Draft EIR was completed in compliance with CEQA; Guidelines § 15090. A Subsequent Environmental Impact Report (SEIR) was prepared for this project pursuant to the requirements of CEQA. A Notice of Preparation of the Draft SEIR was prepared and circulated for public review from May 11, 2001 to June 11, 2001. The public review and comment period for the Draft EIR extended from September 25, 2003 to November 11, 2003. A Notice of Completion was filed with the State Clearinghouse on September 25, 2003. B. The City Council reviewed and considered information contained in the Final SEIR before approving or denying the project in accordance with CEQA Guidelines § 15090. Pursuant to City CEQA Regulations, the Final SEIR was prepared, distributed, and presented for City Council approval. C. In accordance with § 15091 of the CEQA Guidelines, the record on which the City Council's findings are based is located at the Department of Community, Economic and Development Services, City of El Segundo, 350 Main Street, El Segundo, California 90245. The custodian of records is the Director of Community, Economic and Development Services. D. Pursuant to CEQA Guidelines § 15090, the Final SEIR reflects the City's independent judgment and analysis. The City Council has independently reviewed and analyzed the Draft SEIR prepared for the Project. This Draft SEIR is an accurate and complete statement of the potential environmental impacts of the project. The Draft SEIR reflects the independent judgment of the City. The Final SEIR was be prepared under the direction of the City of El Segundo Department of Community, Economic and Development Services and reflects the independent judgment and analysis of the environmental impacts and comments received on the Draft SEIR. E. Pursuant to CEQA Guidelines § 15091, any changes or alterations required for the project, or incorporated into the project, which avoid or substantially lessen the significant environmental effect have been identified in the Final SEIR. Any potential changes or alterations that may be made to the proposed mitigation measures are addressed and analyzed in the Final SEIR. F. The Draft SEIR was made available for public review and comment in the time and manner prescribed by CEQA. The Draft SEIR concluded that with mitigation the proposed project would not have a significant, adverse effect on the environment, with the exception of unavoidable traffic and air quality impacts. IU Page 3 of 10 January 28, 2004 G. There is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment. H. Because of the facts identified in this Resolution, the Draft SEIR showed that a Statement of Overriding Considerations would be required in order for the project to be approved. The Draft SEIR generally identifies, for each potentially significant impact of the project, one or more corresponding mitigation measures to reduce such impact to a level of insignificance, with the exception of construction and traffic related air quality impacts. J. These findings are based on the various mitigation measures to be required in the implementation of the project as recommended by the Draft SEIR or identified by the Draft SEIR as already having been incorporated into the Project. The City Council finds that all the mitigation measures now incorporated into the project are desirable and feasible. K. Within ten (10) days of the certification of the Final SEIR, the applicant must submit to the City of El Segundo a fee of $25.00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination. The statutory requirements of CEQA will not be met and no vesting will occur until this condition is met and the required notices and fees are filed with the County. SECTION 4: General Plan. The proposed project conforms with the City's General Plan as follows: A. The General Plan contains a number of relevant Goals, Objectives, and Policies in the Economic Development Element. The goal of Objective ED1 -1 is building "support and cooperation among the City of El Segundo and its businesses and residential communities for the mutual benefits derived from the maintenance and expansion of El Segundo's economic base ". The benefits of the development will be shared and supported by all constituencies in the City. The proposed project also provides benefits for the applicant with important benefits for the community as a whole. B. Objective ED1 -2 directs diversification of the economic base "on targeted industries that meet the City's criteria for job creation, growth potential, fiscal impact and fit with local resources." The City's Economic Development Advisory Council (EDAC) prepared a list of targeted industries, which was approved by the City Council. These industries are eligible for certain financial incentives because they meet the criteria described in Objective ED1 -2. The research and development uses would be on the list of targeted industries that the City is recruiting in order to 19 Page 4of10 January 28. 2004 meet its diversification efforts. Therefore, the proposed project meets the diversification criteria established in the General Plan, by the EDAC, and the City Council. C. Due to the City's tax structure, a significant portion of the fiscal benefit derived from most proposed development would be attributed to the number of employees in a new development. The project is proposed to consolidate a significant number of full time jobs from within El Segundo and from other jurisdictions if developed as proposed. Therefore, the project meets the job creation Objective (ED1 -2) in the General Plan. D. The proposed project meets the City's policy of seeking balance between enhanced economic development and available resources and infrastructure capacity (Policies ED1 -2.3 and LU7 -1.2). As adequate resources are currently available within the City to serve the proposed project, as supported by the Draft SEIR, a substantial new commitment of resources or infrastructure is not required. The project also proposes several roadway improvements to ensure that the project would not overburden the existing roadway infrastructure. E. Implementation of the proposed project will meet relevant goals and policies with regard to the City Land Use Element. The project would combine with existing portions of the larger Mattel / Grand Way project to provide office, research & development uses, retail uses, restaurants, and hotel uses which would "provide synergistic relationships which have the potential to maximize economic benefit, reduce traffic impact, and encourage pedestrian environments" as envisioned by General Plan Land Use Objective LU4-4. These characteristics contribute to the mixed -use nature for the project. As conditioned, the proposed office and research and development project use is a mixed -use project as envisioned in the General Plan for the property. F. The proximity of the existing Norwalk-El Segundo MTA Green Line stations will encourage employee utilization of this transportation facility and will provide a viable alternative to commuting by automobile. (Policies LU4 -3.2, LU4 -3.4, LU4 -4.7, and C3 -1.2, and Objective AQ3 -1). The proposed project will be accessible by other public transit (i.e., bus service, and the MTA Blue Line). G. The proposed project will include landscaping throughout all project areas that will meet coverage requirements of the City (Policy LU4 -1.1 and LU4 - 3.6). H. The proposed project will be required to have strategic safety plans and a fire life safety plan in place. All on -site utilities will be placed underground (LU7 -2.3). The ESMC requires that all health and safety Code regulations, 20 Page 5of10 January 28, 2004 as well as all seismic safety, water, noise, and air standards be adhered to (LU4 -1.2 and LU4 -1.4). Policies C3 -1.1 and C3 -1.5 of the General Plan require all project - related transportation impacts to be mitigated by the developer, to the extent feasible. The traffic impact study identified a number of intersections in the City that would require mitigation and proposed mitigation measures to address the traffic impacts. Mitigation measures B -1, B -2, B -3, and B -4 will mitigate impacts to less than significant levels. J. Air Quality Element Goals AQ14 and AQ15 generally state that the City will ensure that pollution sources comply with all federal, state, regional, and local regulations, and that the City reserves the right to be more strict with development projects that these regulations require. The project would implement all feasible mitigation measures to mitigate the identified project related impacts. However, the project would contribute to significant unavoidable impacts during construction of the project and would contribute to exceeding cumulative CO standards at the intersection of Imperial Boulevard and Nash Street. Approval of a Statement of Overriding Consideration for the unavoidable significant impacts, which are due to the infeasibility of the identified mitigation measures, is compatible with the goals, objectives and policies of the General Plan Circulation Element to mitigate all impacts. The purpose of these policies was not to preclude the use of Statement's of Overriding Considerations as provided in CEQA or the approval of future developments. As described above, the proposed project is consistent with the AQMP and therefore is considered consistent with Air Quality Element Goals AQ14 and AQ15 (and related policies). K. Implementation of the proposed project, subject to mitigation measures C- 1 and C -2, which address construction hours, equipment mufflers, and construction equipment staging, will be consistent with relevant policies of the City's Noise Element (Policies N1 -2.1 and N1 -3.1). L. The subject site is designated Corporate Office on the General Plan Land Use Element. The Corporate Office designation states that office and research uses are to be constructed to a 0.8:1 Floor Area Ratio (FAR), but provides for special situations where exceeding the standard may be acceptable. M. The proposed amendment to the General Plan would add site - specific language to allow a project with increased development intensity (FAR). The General plan amendment has been processed consistent with the regulations of Government Code §§ 65000, et seq. The modification is consistent with the plan for and uses within the surrounding area. 21 Page 6 of 10 January 28, 2004 SECTION 5: Approvals. A. The City Council adopts Findings of Facts and a Statement of Overriding Considerations as set forth in Exhibit "A ", which are incorporated into this Resolution by reference. B. In accordance with the requirements of Public Resources Code Section 21081(a) and 21081.6, the City Council adopts a Mitigation Monitoring and Reporting Program (MMRP) as set forth in attached Exhibit "B," which is incorporated into this Resolution by reference. The City Council hereby adopts each of the mitigation measures expressly set forth herein as conditions of approval of the reduced project. In the event that the terms or provisions of any such mitigation measure conflict with the terms and provisions of the other project conditions of approval adopted by the City Council in this action or the Development Agreement, the terms and provisions of such other project conditions or the Development Agreement, as the case may be, shall control. The other project conditions of approval and compliance with applicable codes, policies, and regulations will further assure that the environmental impacts of the proposed project will not be greater than set forth in the FEIR and these findings. C. The City Council amends the land use designations ( "commercial designations ") subsection of the Land Use Element of the General Plan to permit a maximum FAR of 1.96:1 for 455 Continental Boulevard. The corresponding changes as set forth in attached Exhibit "C" are incorporated into this resolution by reference. D. Subject to the conditions listed on the attached Exhibit "D," which are incorporated into this Resolution by reference, the City Council certifies the Subsequent Environmental Impact Report of Environmental Impacts for Environmental Assessment No. 559, General Plan Amendment 03 -3, Zoning Text Amendment 03 -2, and Development Agreement Renewal, Extension and Amendment 01 -3. SECTION 6: Reliance on Record. Each and all of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole. SECTION 7: Limitations. The City Council's analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council's lack of knowledge of future events. In all instances, best efforts have been made to form Page 7 of 10 22 January 28, 2004 accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework. SECTION 8: Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. SECTION 9: This Resolution will remain effective until superseded by a subsequent resolution. SECTION 10: According to the El Segundo Municipal Code, a copy of this Resolution shall be mailed to Mattel, Inc., and to any other person requesting a copy. SECTION 11: This Resolution is the City Council's final decision and will become effective immediately upon adoption. PASSED, APPROVED AND ADOPTED this 3rd day of February 2004. Mike Gordon, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 3rd day of February, 2004, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: Page 8 of 10 January 28, 2004 23 ABSTAIN: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney PAPlanning & Budding Safety\ PROJECTS \551 - 575 \EA - 559 \EA- 559.reso cc.clean doc Page 9 of 10 January 28, 2004 e CITY COUNCIL RESOLUTION No. Exhibit A The City Council that having received, reviewed, and considered the following information as well as all other information in the record of proceedings in this matter, finds, determines, and declares as follows: I. FINDINGS REQUIRED BY CEQA. Section 21081 of the California Public Resources Code and Section 15091 of the CEQA Guidelines require a public agency, prior to approving a project, to identify significant impacts of the project and make one or more of three allowable findings on the basis of substantial evidence in the record for each of the significant impacts: A. The first allowable finding is that "changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR" (CEQA Guidelines § 15091(a)(1)). B. The second allowable finding is that "such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency" (CEQA Guidelines § 15091(a)(2)). C. The third allowable finding is that "specific economic, social, or other considerations make unfeasible the mitigation measures or Project alternatives identified in the Final EIR" (CEQA Guidelines § 15091(a)(3)). II. FINDINGS REGARDING THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE PROJECT. A. Potential Impacts Found to be Insignificant by the Initial Study. The environmental effects listed below were identified as not potentially significant based upon the Initial Study. The City Council finds that the Initial Study, the FEIR and the record of proceedings in this matter do not identify or contain substantial evidence identifying significant environmental effects of the Project with respect to the areas listed below. 1. Aesthetics. 2. Agricultural Resources 3. Natural Resources (Endangered Species, Wetlands, or Habitat). Unless otherwise defined herein, all capitalized terms in this Exhibit A have the same meaning as identical terms in the body of the Resolution. 1 2� 4. Cultural Resources. 5. Archeological Resources. 6. Paleontological Resources. 7. Geology and Soils. 8. Hazards and Hazardous Materials. 9. Hydrology and Water Quality 10. Mineral Resources. 11. Noise. 12. Population and Housing. 13. Public Services 14. Recreation 15. Utilities and Service Systems. B. Impacts Identified as Potentially Significant in the Initial Study But Which Did Not Exceed Significance Thresholds in the DEIS/EIR. The City Council finds that although the following environmental effects were identified as potentially significant based upon the Initial Study, the FEIR and the record of proceedings in this matter do not identify or contain substantial evidence identifying significant environmental effects of the Project with respect to the areas listed below. 1. Air Quality— Operational. a) Facts /Effects. (1) The project would not result in any exceedances of the state one -hour CO standards at any of analyzed intersections. (2) Similarly, eight -hour concentrations at the analyzed intersections would remain below the state standards. (3) The proposed project would not cause or create localized air quality impacts related to mobile sources. (4) The project would be consistent with applicable policies in the Air Quality Element. Although the project may be inconsistent with AQMP population, housing, and employment projections, the inconsistency would not trigger a significant physical impact on the environment as the project, as a whole, would result in daily emissions and regional air quality impacts below SCAQMD thresholds 2 26 b) Mitigation: No mitigation measures are required to reduce impacts below a level of significance. c) Finding: The City Council finds that the FEIR and the record of proceedings do not identify or contain substantial evidence identifying significant environmental effects of the Project with respect to Air Quality - Operational. 2. Land Use a) Facts /Effects. (1) The proposed R &D and office uses would be fully compatible with surrounding uses, which include office and hotel. (2) Phase II of The Grand Way Project would result in build out of a project that was originally approved through a Development Agreement in 1985. An Amended and Restated Development Agreement for Phase II was approved in 1993. (3) The redevelopment of 1955 East Grand Avenue would exceed the allowable 0.8 FAR. Zone Text Amendment and General Plan Amendment applications are proposed to allow for the additional 80,760 square feet above that allowed in the corporate office land use designation. (4) With the approval of the requested Zone Text Amendment and General Plan Amendment, the project would be consistent with all applicable policies of the El Segundo Land Use Element and the Southern California Association of Government's Regional Comprehensive Plan and Guide. (5) The proposed R &D and office uses would be permitted in the CO Zone. Phase II of The Grand Way Project was approved through a Development Agreement, which provided some flexibility in the required setbacks. (6) The proposed development at 1955 East Grand Avenue would comply with the development standards for the CO Zone. b) Mitigation: No mitigation measures are required to reduce impacts below a level of significance. c) Finding: The City Council finds that the FEIS /EIR and the record of proceedings do not identify or contain substantial evidence identifying significant environmental effects of the Project with respect to land use. 3 27 3. Transportation and Circulation. a) Facts /Effects. (1) The project would generate an estimated 4,473 net new daily trips, including 576 inbound and 88 outbound trips during the A.M. peak hour and 95 inbound and 537 outbound trips during the P.M. peak hour. (2) Of the 12 study intersections, the project would result in the worsening of the traffic conditions at the intersection of Grand Avenue and Sepulveda Boulevard during both A.M. and P.M. peak hours. (This intersection is operating at LOS F and would experience a V/C ratio increase of over 0.020 as a result of the proposed project.) (3) A freeway segment analysis was conducted on the 1 -105 east and west of the 1-405 and on the 1 -405 north and south of the 1 -105. The 1 -105 east of Sepulveda Boulevard is considered a CMP monitoring location. As requested by Caltrans, an analysis of future conditions in the year 2020 without and with the project indicated that the project would not cause or worsen a LOS F segment or increase traffic demand by two percent of capacity at LOS F for the freeway segments. (4) There would be no additional project impacts or cumulative traffic impacts if Nash Street and Douglas Street were converted back to two -way operation. (5) The project would be consistent with applicable policies in the City's Circulation Element b) Mitigation: (1) The applicant shall extend the existing TDM program for Phase I of The Grand Way Project to the proposed project to increase the convenience and attractiveness of the other transportation alternatives among employees and visitors. The required TDM program shall include the following to achieve vehicle trip reduction goals: (a) The applicant shall encourage employee ridership of the Metro Green Line through employee awareness programs and convenient access to schedules and routes. (b) The applicant shall provide services, such as the currently provided carpool and vanpool matching though zip code information, reserved parking for employees who carpool or vanpool together, and a 4 28 guaranteed free ride home should the employee need to work late or leave work early due to a family emergency, to facilitate ridesharing. (c) The applicant shall maintain a designated employee who provides Transportation Management services. The benefits of the rideshare program shall be communicated through the company intranet. The program shall be communicated to new hires during their orientation and periodically through the company newsletter. (2) To address project - related traffic impacts at the Sepulveda Boulevard /Grand Avenue intersection, Mattel shall cooperate with and contribute a fair share payment to the City of El Segundo to relocate street and traffic lighting from the center median on the north leg of Sepulveda Boulevard at Grand Avenue to the east side of Sepulveda Boulevard, and add a second southbound left turn lane from Sepulveda Boulevard to Grand Avenue. The fair share payment shall be based on the project's contribution to traffic growth at the intersection and shall be paid by Mattel at the time of final inspection or issuance of a Certificate of Occupancy for the proposed project. These improvements are within the jurisdiction of, and are the responsibility of, the City of El Segundo and Caltrans. (3) Westbound Grand Avenue at Sepulveda Boulevard shall be re- striped to convert the outside through lane to an optional shared through /right -turn lane. c) Finding: The City Council finds that the FEIR and the record of proceedings do not identify or contain substantial evidence identifying significant environmental effects of the Project with respect to transportation and circulation. C. Impacts Identified as Potentially Significant But Which Can Be Reduced to Less - Than - Significant Levels or Which Can Be Avoided. The City Council finds that although the following environmental effects were identified as potentially significant in the FEIR, changes or alterations within the responsibility and jurisdiction of other public agencies and not the City have been adopted by such other agencies or can and should be adopted by such other agency to avoid or lessen the potential significant environmental effects listed below to a level of insignificance. 1. Air Quality - Construction a) Facts /Effects. 5 29 (1) The construction of Phase 11 and the redevelopment of 1955 East Grand Avenue would not occur simultaneously. Worst -case daily emissions associated with project construction are expected to exceed SCAQMD daily significance thresholds for ROC and NO, Worst -case daily emissions for CO, SOx, and PM10 would be considered adverse, but less than significant, since levels of these emissions would fall below SCAQMD significance thresholds. In addition, given that the project has a short- term construction impact for ozone precursors (ROC and NO,,) and that the Basin is non - attainment for ozone, the project would also contribute to a significant cumulative construction air quality impact. b) Mitigation: (1) All equipment shall be properly tuned and maintained in accordance with manufacturer's specifications. (2) General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions. During construction, trucks and vehicles in loading and unloading queues shall be kept with their engines off, when not in use, to reduce vehicle emissions. Construction emissions shall be phased and scheduled to avoid emissions peaks and discontinued during second - stage smog alerts. c) Finding: The City Council finds that the FEIR and the record of proceedings do not identify or contain substantial evidence identifying significant environmental effects of the Project with respect to Air Quality- Construction. D. Significant Unavoidable Effects that Cannot Be Mitigated to a Level of Insignificance. The City Council finds that the Initial Study, the FEIR and the record of proceedings in this matter do not identify or contain substantial evidence identifying significant unavoidable environmental effects of the Project that cannot be mitigated to a level of insignificance. E. Insignificant Cumulative Impacts. The City Council finds that the FEIR and the record of proceedings in this matter do not identify or contain substantial evidence which identifies significant adverse cumulative environmental effects associated with the Project in conjunction with the related Projects identified in Section 3.0 of the DEIR (collectively, the "Related Projects ") with respect to the areas listed below. 1. Aesthetics. 30 2. Agricultural Resources 3. Natural Resources (Endangered Species, Wetlands, or Habitat). 4. Cultural Resources. 5. Archeological Resources. 6. Paleontological Resources. 7. Geology and Soils. 8. Hazards and Hazardous Materials. 9. Land Use 10. Hydrology and Water Quality 11. Mineral Resources. 12. Noise. 13. Population and Housing. 14. Public Services 15. Recreation 16. Transportation and Circulation 17. Utilities and Service Systems. F. Cumulative Impacts Identified as Potentially Significant But Which Did Not Exceed Significance Thresholds in the DEIVEIR. The City Council finds that although the following cumulative environmental effects were identified as potentially significant based upon the Initial Study, the FEIR and the record of proceedings in this matter do not identify or contain substantial evidence identifying significant environmental effects of the Project with respect to the areas listed below. 1. Transportation. a) Facts (1) With regard to cumulative impacts, five intersections would be significantly impacted with the addition of cumulative development to the study intersections both without and with project traffic. (2) Roadway improvement measures have been designed to address some of these traffic congestion locations on a citywide basis. 7 31 (3) The cumulative analysis does not include the implementation of the recommended mitigation measures for each of the 47 related projects because of the speculative nature of such measures, which results in a conservative cumulative analysis. b) Mitigation: (1) B -4. The Applicant shall make a contribution of a "fair share" payment for programmed roadway improvements as detailed in the City's Traffic Congestion Mitigation Fee Ordinance to mitigate the project's cumulative traffic impact. The fee shall be paid at the time of final inspection or issuance of Certificate of Occupancy in compliance with Section 3.C. of Resolution No. 3969, which establishes the traffic mitigation fee pursuant to the City of El Segundo's General Plan. c) Finding: The City Council finds that the FEIR and the record of proceedings do not identify or contain substantial evidence identifying significant cumulative environmental effects of the Project with respect to transportation and circulation G. Significant Unavoidable Cumulative Impacts. The City Council finds that in response to each impact identified below, changes or alterations have been required or incorporated into the Project, which lessen the significant adverse environmental impact. However, these impacts cannot be totally avoided or reduced to a level of insignificance if the Project is implemented. The Project's contribution to these impacts would be cumulatively considerable under CEQA. 1. Air Quality— Operation. a) Facts (1) With regard to cumulative operation, with the existing roadway configuration, one -hour cumulative CO levels would be less than significant at all analyzed intersections. (2) However, under the possible two -way roadway configuration, cumulative traffic would result in an exceedance of the one -hour standard and, thus, a significant cumulative localized impact at the intersection of Imperial Highway and Nash Street. (3) The project would contribute to an eight -hour cumulative CO impact at the intersections of Imperial Highway and Sepulveda Boulevard, Imperial Highway and Nash Street, El Segundo Boulevard and Sepulveda Boulevard and El Segundo Boulevard and Nash Street. 8 32 (4) The project would contribute to a significant and unavoidable cumulative eight -hour CO impact under the existing roadway configuration and the possible two -way roadway configuration. (5) No feasible mitigation measures are available to implement regional reductions in operational air quality impacts below significant levels. b) Finding: The City Council finds that since mitigation is not feasible to reduce Project- specific impacts on air quality related to operations, no feasible mitigation measures exist to address significant and unavoidable cumulative air quality impacts related to operations. The Project benefits set forth in the Statement of Overriding Considerations outweigh these significant unavoidable impacts. H. Project Alternatives. 1. Alternatives Eliminated From Further Consideration. Various alternatives to the Proposed Action were considered and dismissed without further study because they failed to accomplish the objectives of the Project or were otherwise not feasible. 2. No Action Alternative. a) Description. Under the No Project/Existing Development Alternative, the proposed project would not be constructed. It is assumed that the existing interim, private recreational facilities would remain on the Phase II Grand Way portion of the site and that the structure at 1955 East Grand Avenue would remain. Build out of The Grand Way project and redevelopment of 1955 East Grand Avenue would not occur. b) Comparison to Project. As shown in Table 5 -1 of the DEIR, the No Action Alternative would not result in any of the significant impacts associated with the Project. Even without the project trips, existing conditions at the intersections of Sepulveda Boulevard at Imperial Highway, Sepulveda Boulevard at Grand Avenue, and Sepulveda Boulevard at El Segundo Boulevard, are currently operating at unacceptable levels of service. Under the future (2011) conditions without the project the No Project/Existing Development Alternative would result in significant impacts at Imperial Highway at Sepulveda Boulevard and Sepulveda Boulevard at Grand Avenue. Under the cumulative scenario without the project, the No Project/Existing Development Alternative would have impacts at five intersections (Imperial Highway at Sepulveda Boulevard, Imperial Highway at Nash Street, Sepulveda Boulevard and Mariposa Avenue, Sepulveda Boulevard and Grand Avenue, and El Segundo Boulevard and Sepulveda Boulevard). However, this alternative would not exacerbate the deficient conditions at the intersection of Grand Avenue and Sepulveda Boulevard that would 9 33 occur with implementation of the project. Therefore, while traffic impacts would be similar under this Alternative as those identified for the proposed project, additional vehicles from the project would not be added to those impacted intersections. Nevertheless, the significant impacts associated with Project would be substantially avoided by the implementation of the No Action Alternative, but this alternative would not implement the Project objectives. 3. Development in Accordance with Existing Regulations Alternative. a) Description. Under the Development in Accordance with Existing Regulations Alternative, the project would not be developed, but other development activities would occur on -site. Development of the Phase II Grand Way Project would be completed in accordance with the Corporate Office General Plan designation and the CO Zone District. Redevelopment of the 1955 East Grand Avenue property would also proceed in accordance with Corporate Office General Plan designation and the CO Zone District. Under the Development in Accordance with Existing Regulations Alternative, the Phase II portion of the site would be developed up to a maximum of 0.8:1 FAR, for a total of approximately 122,150 square feet of floor area. Assuming the same mix of floor area as the project, the Phase II portion of the site would be developed with approximately 91,610 square feet of research and development and 30,540 of office floor area. In addition, the 1955 East Grand Avenue property would be redeveloped up to the allowable FAR of 0.8:1, for a total of approximately 174,240 square feet of office floor area. The project would result in a total of 296,390 square feet, of which approximately 91,610 square feet would be occupied by research and development uses and approximately 204,780 square feet would be occupied by office uses. b) Comparison to Project. As shown in Table 5 -1 of the DEIR, the Development in Accordance with Existing Regulations Alternative would result in similar impacts as the proposed project. Under the Development in Accordance with Existing Regulations Alternative a General Plan and Zone Text Amendment would not be necessary since the intensity of development would occur as permitted by the General Plan and Municipal Code. An extension of the Amended Development Agreement would also not be required. The uses, since they would be R &D and office as with the project, would be consistent with the land use designation, since they are the same as that proposed with the project, and would be compatible with the surrounding land uses. The Development in Accordance with Existing Regulations Alternative would result in an increase in levels of traffic and air emissions. However, the Alternative would be considered generally consistent with the MTA's Congestion Management Plan (CMP) and the SCAQMD's Air Quality Management Plan (AQMP). The Alternative would result in infill development and the location of development within close proximity to public transit. Therefore, the Alternative would be consistent with SCAG's Regional Comprehensive Plan and Guide (RCPG) of promoting redevelopment of older areas, making better use of existing facilities, and encouraging the use of transit. 10 34 Based on the reduction in square footage, the Development in Accordance with Existing Regulations Alternative would generate approximately 2,082 trips less than the project. Even with the reduction in the number of trips, the Development in Accordance with Existing Regulations Alternative would result in a significant impact at the Sepulveda Boulevard and Grand Avenue intersection during the A.M. and P.M. peak hours. As with the project, with the implementation of the mitigation measures identified in Section 4.13.5 of this EIR, traffic impacts at the intersection of Sepulveda Boulevard and Grand Avenue during the A.M. and P.M. peak hours would be reduced to a less than significant level. Therefore, and traffic impacts under this Alternative would be similar to those identified for the proposed project. Because of the reduction in floor area, this Alternative would result in a reduction of 2,082 daily trip ends. The number of daily trips generated by the Phase II portion of the site and the 1955 East Grand Avenue property would be 54 percent and 25 percent less than the project, respectively, resulting in proportionate reductions in mobile source emissions. Emissions from stationary sources for the Phase II portion of the site and the 1955 East Grand Avenue property would be reduced by 59 percent and 32 percent, respectively; however, emissions from these sources comprise a very small portion of this alternative's overall emissions. As with the proposed project, the total contributions to regional emissions under the Development in Accordance with Existing Regulations Alternative would be less than significant. However, due to the high ambient background CO concentration in the project area, one or both of these CO standards would still be exceeded under this Alternative when considered with the 47 related projects identified in Table 3 -1. As such, this Alternative would result in a significant cumulative impact on local CO concentrations similar to the proposed project. 4. Modified Intensity Alternative. a) Description. The Modified Intensity All the Grand Way project as pro research and development and proposed project, the developr structure. In addition, the redevelopment of the 1955 Eas Office General Plan designation 1955 East Grand Avenue prop( square feet of office floor area, ( currently developed at that locat 225,000 square feet of researcl 3rnative would involve the devel )osed. This would result in 22 75,000 square feet of office floo r lent would include an 8 -story Modified Intensity Alternative Grand Avenue at the FAR allo w and the CO Zone District. The rty with 0.8:1 FAR would result r a net increase of 118,885 squ on. Under the Modified Intensity and development and 193,885 floor area would be developed on the project site. b) Comparison to Project. opment of Phase II of 5,000 square feet of area. Similar to the tower and a parking would involve the ed by the Corporate redevelopment of the in a total of 174,240 are feet above what is Alternative, a total of square feet of office As shown in Table 5 -1 of the DEIR, the Modifies Intensity Alternative would not result in similar impacts as the proposed project. 11 35 Under the Modified Intensity Alternative, a General Plan Amendment and a Zone Text Amendment for the Development Agreement for Phase II of The Grand Way Project would be required. Since the adoption of the original Development Agreement, the FAR allowed under the General Plan was reduced from 2.0:1 to 0.8:1. Thus, while the development is not seeking additional square footage for this portion of the project, a General Plan Amendment and a Zone Text Amendment are being requested to ensure consistency between the General Plan /Zoning Code and the extension of the Development Agreement. However, a General Plan and Zone Text Amendment would not be necessary since the intensity of development on the 1955 East Grand Avenue property would occur as permitted by the General Plan and Municipal Code. The uses, since they would be R &D and office as with the project, would be consistent with the land use designation, since they are the same as that proposed with the project. The proposed uses would be compatible with the surrounding land uses since the area is primarily commercial office, R &D, light industrial, and hotel uses. The Modified Intensity Alternative would reduce the size of the office floor area on the 1955 East Grand Avenue property, which would reduce the overall size of the project by approximately 80,760 square feet. Based on the reduction of office square footage, the number of trips generated by the project would be reduced by approximately 691 trips. This reduction in trips would slightly alleviate traffic impacts at local study intersections. The ICU for all of the intersections would slightly improve, with the exception of the intersection of Imperial Highway at Sepulveda Boulevard, which would remain the same as the proposed project (see Appendix D). The levels of service at all study intersections during both A.M. and P.M. peak hours would remain the same as the proposed project. The Modified Intensity Alternative would result in the worsening of the traffic conditions at the intersection of Grand Avenue at Sepulveda Boulevard during both A.M. and P.M. peak hours as the V/C ratio would increase over 0.020. Similar to the proposed project, with the implementation of the mitigation measures identified in Section 4.6.5 of this EIR, the traffic impact at this intersection during the A.M. and P.M. peak hours would be reduced to a less than significant level. Therefore, traffic impacts under this Alternative would be similar to those identified for the proposed project. Similar to the proposed project, five intersections would be significantly impacted with the addition of cumulative development to the study intersections both without and with this alternative. The traffic contributions of this alternative to the cumulative impact at the five intersections would be minimal; however, cumulative impacts would be considered significant. As with the proposed project, with incorporation of Mitigation Measure B-4, traffic generated under this alternative would not result in a significant cumulative impact. Under the Modified Intensity Alternative, demolition and site preparation activities on the Phase II portion of the site and the 1955 East Grand Avenue property would be the same as those activities under the project. However, the duration of the construction period would be shortened due to the reduction in the amount of square footage to be developed. However, construction intensity would remain the same as the proposed project and, thus, the worst -case day would result in similar daily emissions as the proposed project. 12 36 The Modified Intensity Alternative would also generate long -term operational mobile source emissions and stationary source regional emissions. The number of daily trips generated by the Phase II portion of the site under this alternative would remain the same as those estimated for the proposed project. However, the 1955 East Grand Avenue property would generate 25 percent fewer trips than proposed at that property under the project. This would result in an overall daily trip reduction of 15 percent resulting in proportionate reductions in mobile source emissions. Emissions from stationary sources for the Phase II portion of the site would be the same as the project. Stationary source emissions for the 1955 East Grand Avenue property would be reduced by 32 percent; however, emissions from these sources comprise a very small portion of this alternative's overall emissions. As with the proposed project, the total contributions to regional emissions under this alternative would be less than significant. The reduction in traffic associated with the Modified Intensity Alternative (i.e., a reduction of 691 daily trip ends) would contribute to a proportionate reduction in localized emissions of carbon monoxide. Since project - related traffic would not result in the exceedance of the one -hour or eight -hour CO standard at any of the analyzed study intersections and since this alternative would generate fewer trips than the proposed project, this alternative would not result in the exceedance of the one -hour or eight -hour CO standards at any of the study intersections selected for local CO concentration analysis as well. However, similar to the proposed project and the Development in Accordance with Existing Regulations Alternative, due to the high ambient background CO concentration in the project area, one or both of these CO standards would be exceeded under this alternative when considered with the 47 related projects identified in Table 3 -1 of the DEIR. As such, this alternative would result in a significant cumulative impact on local CO concentrations similar to the proposed project. 5. Findings Regarding Alternatives. a) Reasonable Range of Alternatives. The City Council finds that that (a) the FEIR describes a reasonable range of alternatives to the Project, which could feasibly attain most of the basic objectives of the Project and would avoid or substantially lessen any significant effects of the Project; and (b) the City Council evaluated the comparative merits of the alternatives. b) Environmentally Superior Alternative. Section 15126.6 of the CEQA Guidelines indicates that an analysis of alternatives to the Project shall identify one alternative as the environmentally superior alternative. Furthermore, if the environmentally superior alternative is the "No Project" alternative, the EIR shall also identify the environmentally superior alternative from among the other alternatives. From a strictly environmental standpoint, the No Action Alternative is superior to all others. However, the No Project/Existing Development Alternative would not allow for the build out of Phase II of The Grand Way Project, which was originally approved in 1985 and amended in 1993 with the Amended Development Agreement. The No Project/Existing Development Alternative would not provide for infill development within 13 3 proximity to public transit. In addition, this Alternative would not support the City's Economic Development goals to expand the City's tax base. This Alternative would not preclude future development of the site with another R &D and office project. Consequently, the No Action Alternative would not fulfill the objectives of the Project. In accordance with the CEQA Guidelines requirement to identify an environmentally superior alternative other than the No Project Alternative, a comparative evaluation of the remaining alternatives indicates that the Development in Accordance with Existing Regulations Alternative would be environmentally superior. Relative to the proposed project, the Development in Accordance with Existing Regulations Alternative would result in reduced impacts with respect to traffic and construction and operational air emissions. However, as with the proposed project, air quality impacts would remain significant. As with the proposed project, the Development in Accordance with Existing Regulations Alternative would not result in significant land use impacts. Therefore, although the Development in Accordance with Existing Regulations Alternative would not reduce the air quality impacts associated with the project to less than significant, the Development in Accordance with Existing Regulations Alternative would generally reduce the level of impact as compared with the project. Although the magnitude of traffic and air quality impacts would be reduced, the Development in Accordance with Existing Regulations Alternative would not achieve a key objective of the project to allow for development of the property in a way that is consistent with approved plans for the site. Furthermore, other objectives would not be met to the same extent as the proposed project. For example, with a reduction in the amount of R &D and office square footage, implementation of the Development in Accordance with Existing Regulations Alternative would not provide for the consolidation of Mattel facilities from other areas of the City and would not provide for the creation of an efficient corporate headquarters. The Development in Accordance with Existing Regulations Alternative also would not provide as much square footage within an area that is well served by public transit. The reduction in R &D and office floor area would not serve to maximize the potential of the site. III. GROWTH- INDUCING IMPACTS OF THE PROPOSED ACTION AND SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES. The City Council finds on the basis of the FEIR and the record of proceedings in this matter that: A. Growth Inducing Impacts The Project is an in -fill development within a highly developed urban setting. As described in the FEIR, construction of the Project would result in increased population and short -term employment opportunities in the construction field. The Project would foster economic growth by increasing the number of employees in the Project area, who could, in turn, also patronize local businesses and services. The Project would not induce growth in an area that is not already developed with infrastructure to accommodate such growth. Thus, the Project would not result in significant growth inducing impacts. 14 38 B. Significant Irreversible Environmental Changes. Construction of the project would require the use of nonrenewable resources, such as wood, the raw materials in steel, metals such as copper and lead, aggregate materials used in concrete and asphalt such as sand and stone, water, petrochemical construction materials such as plastic, and petroleum based construction materials. In addition, fossil fuels used to power construction vehicles would also be consumed. Operation of the project would involve the ongoing consumption of nonrenewable resources such as natural gas and electricity, petroleum based fuels, fossil fuels, and water. Energy resources would be used for heating and cooling of buildings, lighting, and transporting people and goods to and from the project site. Operation of the project would occur in accordance with Title 24, Part 6 of the California Code of Regulations, which sets forth conservation practices that would limit the amount of energy consumed by the project. Nonetheless, the use of such resources would continue to represent a long -term commitment of essentially nonrenewable resources. Operation of the project would also result in an increased commitment of public maintenance services such as waste disposal and treatment as well as increased commitment of the infrastructure that serves the project site. The limited use of potentially hazardous materials typical of R &D and office developments, including copper sulfate, acids and alkalines, and waster plating solutions; plastisol waste from rotocast operations; small quantities of lab pack from the Materials Laboratory wasted chemicals; and photo- finishing chemicals, such as fixers and developers, as well as cleaning agents and pesticides for landscaping, would occur on the site. Such materials would be used, handled, stored, and disposed of in accordance with applicable government regulations and standards, which would serve to protect against a significant and irreversible environmental change resulting from the accidental release of hazardous materials. The project site has been designated for development for many years and is located in an urban area with services in place. As such, while the development of the project would commit the land to R &D and office uses, such a commitment would be justified based on the historic commitment of this site to urban uses and would not result in a significant impact. Potential irreversible damage from environmental accidents associated with the Project are unlikely and will be avoided by compliance with the mitigation measures identified in the FEIR as well as existing city, county, state and federal safety regulations. IV. STATEMENT OF OVERRIDING CONSIDERATIONS. The City Council finds on the basis of the FEIR and the record of proceedings in this matter that the unavoidable significant impacts of the Project and the unavoidable significant cumulative impacts are acceptable when balanced against the benefits of the Project. This determination is based on the following factors and the substantial public, social, economic, and environmental benefits flowing from the Project as identified in the FEIR and the record of proceedings in the matter. 15 39 A. The proposed project will facilitate the consolidation of facilities for one of the City's largest and most valuable businesses. Such facilities will help the business remain and grow in the City, which will help the City in terms of additional revenue stability and revenue. B. The developer will pay additional traffic impact mitigation fees of approximately $433,164 to offset potential impacts of the project. C. The developer will pay additional police service mitigation fees of approximately $27,055 to offset potential impacts of the project. D. The developer will pay additional fire service mitigation fees of approximately $42,000 to offset potential impacts of the project. E. The developer will pay additional library service mitigation fees of approximately $9,000 to offset potential impacts of the project. F. The developer will provide a public improvement in the general area of the project by grinding and overlaying the pavement of Continental Boulevard between El Segundo Boulevard and Grand Avenue. The developer will also restripe the street. G. The developer will provide a public improvement in the general area of the project by grinding and overlaying the pavement of Continental Boulevard between Grand Avenue and Mariposa Avenue. The developer shall also restripe the street H. The developer will provide a public improvement in the general area of the project by making landscaping improvements to the median island on Continental Boulevard between El Segundo Boulevard and Mariposa Avenue. I. The Project will create attractive, well- designed corporate headquarters development, which will further strengthen the sense of community, adhere to livable community principles, and enhance the quality of life in the City. J. The Project facilitates of the long -term economic health of the City and it's neighboring cities and communities by providing additional employment for 1,500 to 2,000 people in the City. K. The project will increase and further stabilize the City's tax base through development of new commercial businesses. L. The project will Increase City revenues through a generation of taxes that outweigh the City cost of services. M. Development of a project will increase the use of MTA Green Line. V. RECIRCULATION. A. Facts. 1. The City received comments on the DEIR from members of the public and from public agencies in both written and oral form. The FOR contains 16 40 written responses to all comments ( "Responses to Comments ") received on the DEIR as of January 19, 2004. Some comments were incorporated into the FEIR as factual corrections and minor changes. Chapter 3.0 of the FEIR sets forth all factual corrections and minor changes to the DEIR. B. Finding. Pursuant to CEQA Guideline 15088.5 and Public Resources Code Section 21092.1 and based on the FEIR and the record of proceedings in this matter, the City Council finds that: 1. Factual corrections and minor changes are set forth as additions and corrections to the DEIR; and 2. The factual corrections and minor changes to the DEIR are not substantial changes in the DEIR that would deprive the public of a meaningful opportunity to comment on a substantial adverse environmental effect of the Project, a feasible way to mitigate or avoid such an effect, or a feasible Project alternative; and 3. The factual corrections and minor changes to the DEIR will not result in new significant environmental effects or substantially increase the severity of the significant effects previously disclosed in the DEIR; and 4. The factual corrections and minor changes to the DEIR will not involve mitigation measures or alternatives which are considerably different from those analyzed in the DEIR that would substantially reduce one or more significant effects on the environment; and 5. The factual corrections and minor changes to the DEIR do not render the DEIR so fundamentally inadequate and conclusory in nature that meaningful public review and comment would be precluded. Thus, the City Council finds that none of the conditions set forth in CEQA Guideline 15088.5 or Public Resources Code 21092.1 requiring recirculation of a draft environmental impact report have been met. The City Council further finds that incorporation of the factual corrections and minor changes to the DEIR into the FEIR does not require that the FEIR to be recirculated for public comment. VI. SUBSTANTIAL EVIDENCE. The City Council finds and declares that substantial evidence for each and every finding made herein is contained in the FEIR, which is incorporated herein by this reference, and in the record of proceedings in the matter. To the extent applicable, each of the other findings made by the City Council in connection with its approval of the entitlement applications listed in Section I above are also incorporated herein by this reference. P \Planning & Building Safety\PROJECTS \551 - 575 \EA - 559 \CEQA Resolution findings Exh A.doc 17 41 CITY COUNCIL RESOLUTION NO. EXHIBIT B MITIGATION MONITORING AND REPORTING PROGRAM This Mitigation Monitoring and Reporting Program (MMRP) has been prepared pursuant to Public Resources Code Section 21081.6, which requires adoption of a MMRP for projects in which the Lead Agency has required changes or adopted mitigation to avoid significant environmental effects. The City is the lead agency for the proposed Phase II of The Grand Way Project and the redevelopment of the 1955 East Grand Avenue Property and is, therefore, responsible for administering and implementing the MMRP. The decision - makers must define specific reporting and/or monitoring requirements to be enforced during project implementation prior to final approval of the proposed project. The primary purpose of the MMRP is to ensure that the mitigation measures identified in the Subsequent EIR are implemented thereby minimizing identified environmental effects. The MMRP for the proposed project will be in place through all phases of the project, including design (preconstruction), construction, and operation (both prior to and post - occupancy). The City shall be responsible for administering the MMRP activities to staff, consultants or contractors. The City will also ensure that monitoring is documented through periodic reports and that deficiencies are promptly corrected. The designated environmental monitor will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to remedy problems. Each impact and mitigation measure is categorized by impact area, with an accompanying identification of: • The phase of the project during which the measure should be monitored; o Preconstruction o Construction o Prior to occupancy o Post - occupancy • The enforcement agency; and • The monitoring agency. 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U U _A U rn Q tn i V] H e ti C O a, a rrC13^ a Vl b e u GU 'o o� 4 � 3 C L v� 0.J r= a H� 0 0 h ° W r� J It Q) a 61 a0� a0� U U q G cn ... y q w p A Q Q i �' cW� o A Q O y �' �U > w U oAcn �U U oAC4 a oa a " � A Qtl Q O Y1 v q ++ } q o o U bo U to d a' 0 0 O U V a 0 0 0 � U U � A A U N p h b4 Y vUi as U C A 3 o c 6 CA O O G y N q 0 co y w 0 y b A. 0 U ° cd aqi c 00(U b 0 0 CA 4. G" w N M b0'^' X00 y ed Q U f[V/nj�f ,�...y1 U N U -o b lul N C o �3 ° Qcn Uw U •• o 0 N W O G N ctl w = U O 0 a� a w U U 'C a-+ N U cd Q.. U U _A U rn Q tn i V] H e ti C O a, a rrC13^ a Vl b e u GU 'o o� 4 � 3 C L v� 0.J r= a H� 0 0 h ° W r� J It Q) a CITY COUNCIL RESOLUTION NO. EXHIBIT C area downtown. The maximum floor area ratio (FAR) allowed is 1.0. General Commercial Permits all retail uses, including hotel uses, and major medical facilities, at a maximum floor area ratio (FAR) of 1.0. Office uses are not permitted except for those providing personal services not exceeding 5,000 square feet such as travel and insurance agents. Corporate Office Permits a mixture of office and food - serving uses in single - tenant or multi- tenant buildings with limited retail uses permitted in the lobby area. Research and development uses are permitted east of Sepulveda Boulevard. Hotels and motels are permitted east of Sepulveda and west of Aviation Boulevards with a discretionary application. The maximum allowed floor area ratio (FAR) is 0.8. A maximum FAR of 1.086 is permitted for the property commonly referred to as 888 North Sepulveda Boulevard (Assessor's Parcel Number 4138-005-055), pursuant to Development Agreement No. 00 -2. ). A maximum FAR of 1.96 is permitted for the property referred to as 455 Continental Boulevard (Assessor's Parcel Number 4138- 007 -043), pursuant to Development Agreement No. 01 -3 (_Ord. GPA 03 -3, 2117104). Smoky Hollow Mixed -Use Permits primarily light industrial uses including light manufacturing, research and development, warehousing, and office uses. The maximum floor area ratio (FAR) for newly constructed projects is 0.6. Existing structures shall be allowed to expand, provided they conform to the Smoky Hollow provisions within the Zoning Code and Policy LU1 -3.2. Grand Avenue commercial uses, and multi - family residential, shall also be permitted in locations as designated underthe Smoky Hollow Specific Plan. The permitted FAR for commercial uses is 0.5 for newly constructed projects. Existing commercial buildings may be utilized, using the same criteria as stated above. Permitted residential densities shall be 18 dwelling units per acre. All lots to be developed as multi - family residential must be a minimum of 2.5 acres in size or one complete block, whichever is greater. However, existing lots less than 2.5 acres in size, which are totally surrounded by other land use designations and confined by existing streets shall be allowed to develop as multi - family residential without a variance from the Smoky Hollow Specific Plan. Urban Mixed -Use North T H E C I T Y OF EL S E G U N D O M G E N E R A L P L A N 3 -7 W c CITY COUNCIL RESOLUTION NO. Exhibit D CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), Mattel, Inc. agrees to comply with the following provisions as conditions for the City of El Segundo's approval of Draft Subsequent Environmental Impact Report of Environmental Impacts for Environmental Assessment No. 559, General Plan Amendment 03 -3, Zoning Text Amendment 03 -2, and Development Agreement Extension and Amendment 01 -3. ( "Project Conditions "). Zonina Conditions 1. Before the City issues a building permit, the applicant must submit plans, which indicate that the project substantially complies with plans and conditions approved and on file with the Department of Community, Economic and Development Services. Any subsequent modification to the project as approved must be referred to the Director of Community, Economic and Development Services for a determination regarding the need for Planning Commission review of the proposed modification. 2. A Landscaping and Irrigation Plan will be submitted by the applicant to the Director of Community, Economic and Development Services, before issuance of any construction related permit. Any new landscaped areas will be provided with a permanent automatic watering or irrigation system and will be permanently maintained in a neat and clean manner. The applicant will incorporate provisions for the use of reclaimed water in the Landscaping and Irrigation Plan. The Plan will be reviewed and approved by the Director of Community, Economic and Development Services, and installed per the City approved plans by the applicant before the City issues a Certificate of Occupancy. 3. There may be a maximum of 300,000 square feet of new office and research space built on the Phase II parcel along with a maximum 8 story parking structure. There may be a maximum of 174,240 square feet of new office and research space built on the 1955 East Grand Avenue parcel along with a maximum 3 story parking structure as shown on the plans on file in the Community, Economic, and Development Services Department. Prior to any construction occurring on the 1955 East Grand Avenue parcel, the existing 55,000 square foot building will be completely demolished and removed from the site. 4. The applicant must record the Amended Development Agreement before the issuance of building for either Phase II or 1955 E. Grand Avenue parcels. 4'7 January 28, 2004 5. The applicant must provide reciprocal access agreements, subject to review and approval by the City Attorney, between Phase I, Phase II and 1955 E. Grand Avenue parcels. Such agreement shall be recorded before the issuance of a Certificate of Occupancy for a building for either Phase II or 1955 E. Grand Avenue parcels. Public Safety Conditions 5. Before building permits are issued, the applicant must submit a photometric light study to the Police Department for review and approval. 6. Addressing for the office buildings and parking structures must be a minimum of 6 to 24 inches high, visible from the street, of contrasting color to the background and illuminated during hours of darkness. 7. Bike racks must be located in a busy, well -lit location to provide optimum security for persons and property. 8. All landscaping must be low profile around perimeter fencing, windows, doors, and entryways taking special care to not limit visibility and to not provide climbing access. Floral or grass ground cover is recommended. Bushes should be trimmed to 1 to 2 feet in height and away from buildings. Dense bushes should not be clumped together, as this provides a hiding place for criminal activity. Trees should be trimmed up to 7 feet. Berms, especially those with landscaping on top are not recommended as they provide concealment to commit crimes. 9. Trash bins located outside of the buildings should be enclosed with wrought iron or steel tubular fencing. Dumpsters not enclosed with this type of fencing must be constructed in a way which fully encloses the dumpster. All enclosure gates must be locked and have a wall pack or light standard to provide security lighting directly over the dumpster. 10. Employee parking should not be located by shipping /receiving docks or dumpsters. 11. Permanently affixed ladders leading to a roof must be fully enclosed with sheet metal to a height of 10 feet. This covering must be locked against the ladder with a case - hardened hasp and secured with non - removable screws or bolts. Hinges on the cover will be provided with non - removable pins when using pin type hinges. If a padlock is used, it must have a hardened steel shackle, locking at both heel and toe, and a minimum 5 -pin tumbler operation with a non - removable key when in an unlocked position. -2- January 28, 2004 M 12. Loading docks must have wall packs installed directly over the roll -up doors. Roll -up doors should have two interior locking devices located on each side of the door (padlocks or cane bolts can be used). The roll -up doors can have a one -inch by 5 -inch vision panel to view outside before opening the door. 13. Entry and exit for parking lots and structures should be limited to one for control and observation. A perimeter wall or fencing should fully enclose the first level of the parking structure to limit access. Elevators and stairs should be located on the perimeter of parking structures and be enclosed with glass to optimize visibility and security. Openness on two sides is acceptable, four sides would be preferable. 14. A lighting plan shall be reviewed and approved by the Police Department prior to issuance of any building permit. A transitional lighting plan within the parking structures must be submitted indicating a minimum maintained lighting level of two -foot candles on the surface. The lighting level is to be maintained throughout the parking structure, not just on drive aisles. To increase the general brightness of the parking structures, white staining concrete applied to ceilings, walls, and beam soffits is recommended. For areas outside of the parking structures, a minimum of one -foot candle of light on the ground surface must be provided around all sides of the building, throughout the driveways and surface parking areas during hours of darkness. Aisles, passageways and recesses related to and within all sides of the complex must be illuminated with a maintained minimum during hours of darkness. Lighting devices must be enclosed and protected by weather and vandal resistant covers. 15. If parking booths, security cameras, a signal booster, alarms or panic alarms are to be used, a detailed plan should be submitted to the Police Department for review and approval. 16. Double doors must have a secondary locking device, such as a cane or flush bolt in addition to a deadbolt. The inactive leaf of double door(s) must be equipped with metal flush bolts having a minimum embedment of 5/8 inch into the head and threshold of the door frame. 17. Perimeter walls must be a minimum height of six feet and of solid construction. Walls must limit climbing access (i.e. concrete walls must not have varied sections where decorative blocks allow for stepping over the wall or part of the wall consists of wrought iron). Wood, wrought iron or steel tubular perimeters must be six feet high and all horizontal members must be on the inside of the perimeter. Where wrought iron or steel tubular fencing is used, the horizontal members must run along the top and bottom portion of the fence. -3- January 28, 2004 49 Building Safety Conditions 18. Before the City issues any permit for construction, the applicant will submit a Geotechnical Report to the Department of Community, Economic and Development Services for review and approval. 19. Before the City issues any permit for construction, the applicant will submit a Grading Plan to the Department of Community, Economic and Development Services for review and approval. 20. Before building permits are issued, plans must show conformance with the 2001 California Building, Mechanical, Electrical, Fire, Plumbing, and Energy Codes. 17. Before building permits are issued, plans will be reviewed for accessibility requirements per Chapter 11 of the 2001 California Building Code. 18. Before building permits are issued, a Storm Water Pollution Prevention Plan (SWPPP) plan must be submitted to the City for review and approval. Design Conditions 19. Before building permits are issued, easements shall be approved and recorded ensuring reciprocal vehicle and pedestrian access between all parcels in the total Grand Way and 1955 E. Grand Avenue projects. 20.The applicant will paint (or colorize) light standards, down drains, equipment enclosures, and similar devices, to coordinate with buildings and similar facilities in the surrounding area. All finishes will be non - reflective. 21.The applicant shall extend the existing TDM program for Phase I of the Grand Way project to the proposed project to increase the convenience and attractiveness of the other transportation alternatives among employees and visitors. The required TDM program shall include the following to achieve vehicle trip reduction goals: a. The applicant shall encourage employee ridership of the Metro Green Line through employee awareness programs and convenient access to schedules and routes. b. The applicant shall provide services, such as the currently provided carpool and vanpool matching through zip code information, reserved parking for employees who carpool or vanpool together, and a guaranteed free ride home should the employee need to work late or leave work early due to family emergency, to facilitate ridesharing. c. The applicant shall maintain a designated employee who provides Transportation Management services. The benefits of the rideshare program shall be communicated through the company intranet. The -4- January 28, 2004 50 program shall communicate to new hires during their orientation and periodically through the company newsletter. 22. To address project - related traffic impacts at the Sepulveda Boulevard / Grand Avenue intersection, Mattel must contribute a fair share costs towards the design and construction of a double left -turn pocket for southbound Sepulveda Boulevard and the associated traffic signal street lighting modifications. This work will require approval by Caltrans and Chevron Products Company (who have an oil pipeline easement in Sepulveda Boulevard. Such improvements must be installed before the issuance of a certificate of occupancy for either the Phase II or 1955 Grand Avenue buildings, whichever is completed first. 23. The applicant must re- stripe westbound Grand Avenue at Sepulveda Boulevard to convert the outside through lane to an optional shared through / right -turn lane before the approval of any final inspection or issuance of a Certificate of Occupancy either the Phase II or 1955 Grand Avenue buildings, whichever is completed first. 24. Implementation of the project includes modification of the Grand Avenue median to add a left -turn pocket into the project. The applicant must obtain an encroachment permit from the City before construction of this modification. The improvements must be constructed before the issuance of a Certificate of Occupancy for the 1955 East Grand Avenue building. 25.All construction equipment must be properly tuned and maintained in accordance with manufacturer's specifications. 26. General contractors must maintain and operate construction equipment so as to minimize exhaust emissions. During construction, trucks and vehicles in loading and unloading queues shall be kept with their engines off, when not in use, to reduce vehicle emissions. Construction emissions shall be phased and scheduled to avoid emissions peaks and discontinued during second — stage smog alerts. Fire Department Conditions 27. Before beginning construction, the applicant will obtain a Fire Lane Permit. Fire lanes must be a minimum of 15 feet from the proposed buildings and a maximum of 35 feet from the buildings. The required fire lane turning radius is 40 feet on the inside radius and 60 feet on the outside radius. 28. Before beginning construction, the applicant will obtain a Fire Main Permit. 29. Before the City issues a building permit, the applicant will submit a Fire /Life Safety Plan to the Fire Chief, for review and approval. The Phase II building -5- January 28, 2004 51 must comply with the fire /life safety requirements of the California Fire Code, Article 37, Mid -Rise Buildings, as adopted by the City Fire Department. 30. Before the City issues any construction related permits, the applicant will verify the location and adequacy of fire hydrants, and must provide Knox Box access equipment (padlock or key switch) at access gates to the parking structures. 31.The applicant must obtain the appropriate permits from the South Coast Air Quality Management District (SCAQMD) and the Department of Community, Economic and Development Services for the installation of any paint spray booths in either the Phase II or 1955 East Grand Avenue buildings. 32. The applicant must provide provisions for gas detection and mitigation due to the previous Gough Fee gas storage activities in the surrounding area. 33.The applicant must obtain the appropriate industrial waste treatment permits from the Los Angeles County Sanitation District for any plating operations in either the Phase II or 1955 East Grand Avenue buildings. 34. The applicant must comply with CalOSHA requirements for employee hearing protection during construction of the project. Service Fees 35. Before building permits are issued for each building, the applicant will pay the required sewer connection fees (as outlined in Title 12 -3 of the Municipal Code) if the development requires any new sewer connection. Miscellaneous Conditions 36. Before the issuance of a building permit for either the Phase II or 1955 East Grand Avenue building, the applicant must provide Los Angeles County Congestion Management Plan (CMP) Debit/Credit Calculations, and a Phasing Plan for CMP related improvements, to the Director of Community, Economic, and Development Services for reasonable review and approval. Such calculations will not be required if the CMP no longer requires the City to maintain a positive credit balance at the time of issuance of a building permit or Certificate of Occupancy for the either the Phase II or 1955East Grand Avenue Building. If required, the calculations shall include only programs, which meet all the minimum criteria (e.g., density) contained in the CMP. Before the issuance of a Certificate of Occupancy for the building, the applicant shall provide evidence to the Director of Community, Economic, and Development Services that the proposed project CMP debits /credits related improvements were implemented and balanced on the project site in accordance with the approved phasing plan. As may be applicable, the City -6- January 28, 2004 C will give credit for CMP related improvements towards the applicant's traffic mitigation impact fee, as appropriate. 37.The applicant, Mattel, Inc. must acknowledge receipt and acceptance of the Project Conditions by executing the acknowledgement below. 38.The applicant, Mattel, Inc. agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Environmental Assessment No. 559 and General Plan Amendment 03 -3. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of Environmental Assessment No. 559 and General Plan Amendment 03 -3, Mattel, Inc. agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees. By signing this document, Mattel, Inc. certifies that it has read, understood, and agrees to the Project Conditions listed in this document. Mark Wing, Mattel, Inc. P.\Planning & Building Safety \PROJECTS \551 - 575 \EA - 559 \EA -559 reso.cc.clean doc January 28, 2004 5� ORDINANCE NO. AN ORDINANCE REGARDING AN APPLICATION FROM MATTEL INC. APROVING DEVELOPMENT AGREEMENT NO. 01 -3 AND ZONE TEXT AMENDMENT NO. 03 -2, AMENDING SECTION 15 -5D -7F OF THE EL SEGUNDO MUNICIPAL CODE TO INCREASE THE DENSITY FOR PROPERTY AT 455 CONTINENTAL BOULEVARD IN THE CORPORATE OFFICE ZONE. The City Council of the City of El Segundo does ordain as follows: SECTION 1: The Council finds and declares that: A. On July 25, 2001, Mattel, Inc. filed an application for an Environmental Assessment to amend and extend a Development Agreement for property located at 455 Continental Boulevard. On June 20, 2003, Mattel, Inc. filed additional applications requesting to amend the General Plan designation, amend the Zoning Code, and to include 1955 E. Grand Avenue in the Development Agreement to allow an expanded corporate office and research development; B. The Mattel, Inc. application was reviewed by the City's Department of Community, Economic and Development Services for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC "); C. In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA "), the regulations promulgated thereunder (14 Cal. Code of Regulations § §15000, et seq., the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); D. An Initial Study was prepared pursuant to the requirements of CEQA. The Initial Study demonstrated that the project could cause significant environmental impacts. Accordingly, a Draft Subsequent Environmental Impact Report ( "DEIR ") was prepared and circulated for public review and comment between September 25, 2003 and November 11, 2003; E. The Department of Community, Economic and Development Services completed its review and scheduled a public hearing regarding the application before the Planning Commission for November 13, 2003; F. On November 13, 2003 the Commission opened a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Commission by City staff and representatives of Mattel, Inc. and continued the public hearing to December 18, 2003; 54 G. On December 18, 2003, the Planning Commission held the continued public hearing and adopted Resolution No. 2556 recommending City Council approval of Environmental Assessment No.559, General Plan Amendment 03 -3, Zone Text Amendment No. 03 -2, and Development Agreement No. 01 -3; H. On February 3, 2004, the City Council held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the City Council by City staff, public testimony and Mattel, Inc and adopted Resolution No. approving Environmental Assessment No. 559 for Zone Text Amendment No. 03 -2 and Development Agreement No. 01 -3; I. The City Council considered the information provided by Mattel, Inc., City staff, and public testimony. This Ordinance, and its findings, are made based upon the testimony and evidence presented to the City Council at its February 3, 2004 hearing including, without limitation, the staff reports submitted by the Department of Community, Economic and Development Services. SECTION 2: Factual Findings. The Council finds that the following facts exist: A. The real property affected by this resolution includes two parcels located at 455 Continental Boulevard - a 3.5 acre irregular shaped area, and at 1955 East Grand Avenue - a 5 acre rectangular area; B. The subject properties have vehicular access from Continental Boulevard and East Grand Avenue; C. The 455 Continental site is currently occupied by private recreational facilities, and the 1955 East Grand Avenue site is currently occupied by a 55,000 square foot two -story office building and associated surface parking; D. The applicant proposes constructing 300,000 square of office and research & development space and a parking structure at 455 Continental, and 255,000 square feet of office and research & development space and a parking structure at 1955 East Grand Avenue. The applicant also proposes demolition of the 55,000 square foot office building at 1955 Grand Avenue. E. The subject property is located within the Corporate Office (C -O) Zone, which allows development with a Floor Area Ratio (FAR) of 0.8:1. The applications request that the FAR be increased to 1.96:1 for the 455 Continental Boulevard parcel. 2 55 F. An amendment to Section 15 -5D -7F of the ESMC is necessary for consistency with the General Plan. SECTION 3: Development Agreement Findings. The proposed project requests to amend the Grand Way Development Agreement, originally adopted in 1985 and amended in 1993. The proposed amendment would extend the term of the agreement until 2011 (eight years from date of adoption) and would include 1955 E. Grand Avenue as a part of the agreement. The project approved as part of the Development Agreement would be as generally described in Section 2 above. Pursuant to City Council Resolution No. 3268, adopted June 26, 1984, the City Council finds that: A. The project is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan; because the Development Agreement would provide the following public benefits in exchange for valuable development rights (eight -year entitlement): 1. Development of a property that is currently vacant and unused. 2. Increasing and further stabilizing the City's tax base through the expansion of an existing business. 3. Increase in employment opportunities for the City's citizenry. 4. Increasing City revenues through the generation of taxes that outweigh the City cost of services. 5. Development of a project that will increase the use of the MTA Green Line. 6. Development of a project that is consistent with the elements of the General Plan. 7. Repaving of Continental Boulevard from El Segundo Boulevard to Mariposa Avenue, saving public resources for other uses. 8. Improved landscaping and irrigation for the median island on Continental Boulevard between El Segundo Boulevard and Mariposa Avenue. 9. Contribution of approximately $511,219 in police, fire, library, and traffic mitigation fees to offset the impacts of the project on public services. B. The project is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. The proposed use and development standards are similar and compatible with the existing uses and standards permitted in the CO zoning on the property except as provided in the Development Agreement. C. The project is in conformity with the public convenience, general welfare and good land use practice. The project would facilitate constructing public improvements. The project would also be designed to support and encourage public transportation uses and help solidify the CO Zone as a center for corporate headquarters contribute by enabling Mattel to 3 5 r; consolidate some of their facilities onto their corporate headquarters campus. D. The project will not be detrimental to the health, safety and general welfare. The proposed project will not create any negative environmental impacts, with the exception of construction and cumulative carbon monoxide air quality impacts. E. The project will not adversely affect the orderly development of property or the preservation of property values. The proposed Development Agreement Amendment and Extension will ensure that the project will be developed in an orderly fashion. All mitigation measures will be implemented at the time and place impacts occur. F. The project would also be designed to support and encourage public transportation uses and contribute to the continued diversification of the northeast quadrant of the City. G. The project will not be detrimental to the health, safety and general welfare. As established in the factual findings in this Ordinance, the proposed project will not create any negative environmental impacts, with the exception of construction and cumulative carbon monoxide air quality impacts. SECTION 4: Approvals. The City Council approves the following: A. ESMC § 15 -5D -7F is amended to read as follows: "Building Area: The total net floor area of all buildings shall not exceed the total net square footage of the property multiplied by 0.8 or an FAR 0.8:1. Additional FAR may be granted for properties east of Sepulveda Boulevard only, with approval of a transfer of development rights (TDR) plan. A maximum FAR of 1.96 is permitted for the property referred to as 455 Continental Boulevard (Assessor's Parcel Number 4138 - 007 -043), pursuant to Development Agreement No. 01 -3." B. The City Council renews, extends, and amends the Grand Way Development Agreement by and between the City of El Segundo and Mattel, Inc as set forth in attached Exhibit "A," which is incorporated into this ordinance by reference. C. Subject to the conditions listed on the attached Exhibit "B," which are incorporated into this Ordinance by reference, the City Council approves Zone Text Amendment No. 03 -2, and Development Agreement No. 01 -3. SECTION 5: 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 4 57 effectiveness of the remaining provisions or applications and, to this end; the provisions of this Ordinance are severable. 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. SECTION 7: This Ordinance will become effective on the thirty -first (31 st) day following its passage and adoption. PASSED AND ADOPTED this 17th day of February, 2004. Mike Gordon, Mayor APPROVED AS TO FORM: Mark D. Hensley, City Attorney 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 3rd day of February 2004, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 17th day of February, 2004, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk PAPlanning & Building Safety\ PROJECTS \551 - 575 \EA - 559 \EA- 559.ord 2.doc City Council Ordinance No. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of El Segundo City Hall - 350 Main Street El Segundo, California 90245 EXHIBIT A DRAFT DRAFT SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT By and Between THE CITY OF EL SEGUNDO a municipal corporation, and MATTEL, INC., a Delaware corporation THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 S '� City Council Ordinance No. EXHIBIT A DRAFT SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT THIS SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT ( "Agreement ") is made and entered into as of this day of , 2003, by and between MATTEL, INC., a Delaware corporation ( "Mattel "), and the CITY OF EL SEGUNDO, a municipal corporation organized and existing under the laws of the State of California ( "City "). RECITALS A. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 et seq. (the "Development Agreement Statute "), which authorizes City to enter into binding development agreements with persons having legal or equitable interests in real property to establish certain development rights regarding the development of such property. B. On or before May 24, 1984, City, pursuant to the requirements of the California Environmental Quality Act (Public Resource Code Sections 21000 et seq.) ( "CEQA "), prepared an environmental impact report entitled "Environmental Assessment EA 032" (the "EIR ") for the proposed development on certain real property located in the City of El Segundo, County of Los Angeles, as more particularly described on Exhibit "A" and depicted on Exhibit "B" attached hereto (the "Original Property ") of a mixed use project containing approximately 740,000 square feet of commercial space consisting of a 300 -room hotel and two 14 -story office towers (the "Original Project "). The EIR provided the required analysis of the environmental effects which could be caused by the Original Project and set forth those mitigation measures which would eliminate or reduce to an acceptable level the adverse environmental impacts associated therewith. C. On June 14, 1984, after conducting a duly noticed public hearing and considering all appropriate documentation, City's Planning Commission, by Resolution No. 2096 (passed and approved by title on June 14, 1984 and adopted on September 26, 1985), certified the final EIR as complete, adequate and accurate and imposed certain mitigation measures as conditions of approval to City's issuance of building permits for the Original Project and the development of the Original Property. D. On March 14, 1985, after conducting a duly noticed public hearing and considering all appropriate documentation, City's Planning Commission, by Resolution No. 2098, approved Tentative Parcel Map No. 16854, conditionally permitting and subsequently resulting in the subdivision of the Original Property into three separate parcels designated as Parcels 1, 2 and 3 on Exhibit "B" attached hereto (and referred to herein as "Parcel 1," "Parcel 2" and "Parcel 3," respectively). 60 City Council Ordinance No. _ EXHIBIT A DRAFT E. On September 18, 1985, City and G & E /Grandway Venture, a California general partnership ( "Original Developer "), entered into that certain Development Agreement (the "Original Development Agreement) for the Original Project. which was recorded on October 18, 1985 in the Official Records of Los Angeles County as Instrument No. 85- 1229561. Concurrently with the execution of the Original Development Agreement, City and Original Developer entered into that certain Agreement Affecting Real Property ( "Agreement Affecting Real Property "). The City and Original Developer also entered onto that certain Subdivision Agreement dated September 18, 1985 and recorded on October 18, 1985 in the Official Records of Los Angeles County as Instrument No. 85- 1229563 in connection with the City's final approval of Parcel Map No. 16854. Concurrently with the execution of the Original Development Agreement, City and Original Developer entered into the following instruments setting forth certain restrictions and covenants governing the development and use of the Original Property: (i) that certain Declaration of Covenants, Conditions, Easements and Restrictions for the Grandway dated September 13, 1985 and recorded October 18, 1985 in the Official Records of Los Angeles County as Instrument No. 85- 1229559, as amended by that certain First Amendment of Declaration of Covenants, Conditions, Easements and Restrictions for the Grandway dated April 22, 1988 and recorded May 25, 1988, as Instrument No. 88- 835252, and as further, amended by that certain Second Amendment of Declaration of Covenants, Conditions, Easements and Restrictions dated November 5, 1990 and recorded November 6, 1990 as Instrument No. 90- 1870313 (as amended, the "CC &R's "); and (ii) that certain Easement Agreement and Declaration of Restrictions dated September 18, 1985 and recorded October 18, 1985 as Instrument No. 85- 1229562 (the "Easement Agreement "). F. Following the execution of the Original Development Agreement, Original Developer transferred its title to each of the parcels comprising the Original Property and transferred its rights to develop each parcel under the Original Development Agreement to each transferee. City consented to the transfer of the rights under the Original Development Agreement in a letter agreement between City and Original Developer dated April 2, 1986. G. Subsequently, the City issued to such owners building permits for the development of the hotel on Parcel 1 and the 14 -story office building and parking garage on Parcel 2 after payment of all appropriate fees. H. As of the date of this Agreement, the hotel, parking garage and office building have been constructed on Parcels 1 and 2, respectively, and certificates of occupancy have been issued for those parcels. Construction of the hotel, parking garage and office building on Parcels 1 and 2 is referred to herein as "Phase I ". Parcel 1 and Parcel 2 are collectively referred to herein as the "Phase I Property ". I. In or about October 1989 Mattel acquired ownership of Parcel 2 from Sutter Hill - Grandway Partners. Mattel established and continues to operate its corporate headquarters in the building constructed on Parcel 2 during Phase 1. 61 -z- City Council Ordinance No. EXHIBIT A DRAFT J. In or about December, 1988, ESD Associates, a California limited partnership ( "ESD ") purchased Parcel 3 from a successor to Original Developer. In connection with ESD's purchase of the Property and the assignment of the rights, benefits and obligations with respect to Parcel 3 under the Original Development Agreement and the other existing agreements with City relating to the development of Parcel 3, City executed and delivered to ESD an Estoppel Certificate dated December 7, 1988 ( "City's Certificate "). K. On July 24, 1990 and July 26, 1990, City issued to ESD building permits for the approximately 300,000 square foot, 14 -story office tower and the parking garage, respectively, to be built as Phase II of the Original Project (the "Phase II Original Project "). L. On September 7, 1993, the City, ESD and Mattel entered into that certain First Amended and Restated Development Agreement (the "First Amendment ").. As used herein, the term "Original Development Agreement" shall include the First Amendment. M. In 1993 Mattel acquired Parcel 3 from ESD. N. In or about February 1997 Mattel acquired ownership to real property located at 1955 East Grand Avenue in the City of El Segundo as more particularly described on Exhibit "C" attached hereto and depicted on Exhibit "D" attached hereto (the "Grand Property "). Mattel desires to develop the Grand Property as set forth in more detail in Section 2 below as part of this Agreement. The Grand Property and Parcel 3 are referred to herein as the "Phase II Property." Development of the Phase II Property as set forth in Section 2 below is referred to herein as the Phase II Project." O. On July 26, 2001, Mattel submitted to the City an application requesting an extension of the Original Development Agreement which according to its terms was set to expire on September 7, 2001. In June 2003, Mattel submitted to the City applications for a General Plan Amendment and a Zone Text Amendment, which are necessary for the development of the Grand Property as proposed. The City has also conducted an environmental study for the Phase 11 Project pursuant to the requirements of the California Environmental Quality Act ( "CEQA "). P. City finds the Phase II Project to be in the best interests of the City in that it will encourage the relocation of desirable office and technical service business, research and development, and employment and economic growth in the City. Q. City and Mattel now desire to enter into this Agreement to ensure that Mattel shall have the right to develop the Phase II Property in accordance with this Agreement and Environmental Assessment No. 559, General Plan Amendment No. 03 -3, and Zone Text Amendment No.03 -2 (collectively "Project Approvals "), thereby eliminating uncertainty in planning for and securing orderly development of the Phase II Property and assuring Mattel of its ability and right to develop the Phase II Property as set forth herein. The execution of this Agreement will also ensure a desirable and functional community environment, providing the infrastructure and public services for the development of the Phase II Property, and assure the attainment of the maximum effective utilization of resources within City at the least economic 62 -3- City Council Ordinance No. EXHIBIT A DRAFT cost to its citizens and otherwise achieving the goals and purposes of the Development Agreement Statute NOW, THEREFORE, in consideration of the mutual covenants set forth herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree that the Original Development Agreement is amended, superseded and restated as set forth herein and the parties agree as follows: AGREEMENT Section 1. General Provisions. 1.1 Effective Date. This Agreement shall become effective 30 days following the adoption of the ordinance approving this Agreement ( "Effective Date "). 1.2 Term. The term of this Agreement shall commence upon the Effective Date and Mattel shall have eight years following the Effective Date to obtain building permits, unless this Agreement is otherwise terminated, modified or extended by circumstances set forth in this Agreement or by mutual written agreement of the parties hereto after the satisfaction of all applicable public hearing and related procedural requirements. Once Mattel has obtained its building permits and Mattel has commenced construction of the Phase II Project, Mattel shall have the right to complete the construction activities allowed for under this Agreement until the later of (i) the expiration of the building permits (including any extension to the term of the building permits which City may grant, provided the Director of Community, Economic and Development Services receives notice of the application for extension), (ii) the expiration of the Term of this Agreement or, (iii) the Phase II Project is complete, unless sooner terminated as provided for herein. 1.3 Covenants Run With the Land. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns. All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do or refrain from doing some act on the Property hereunder (a) is for the benefit of such Phase II Property and is a burden upon the Property, (b) runs with the Phase II Property, and (c) is binding upon each successive owner during its ownership of the Phase II Property or any portion thereof, and each person having any interest therein derived in any manner through any owner of the Phase II Property or any portion thereof, and shall benefit such party and the Phase II Property hereunder, and each other person succeeding to an interest in such Phase II Property. -4- 63 City Council Ordinance No. _ EXHIBIT A DRAFT 1.4 Amendment of Agreement. This Agreement may be amended from time -to -time by mutual consent of the parties in accordance with the provisions of Government Code Sections 65867 and 65868. Section 2. General Development of the PropertL. 2.1 Development of the Phase II Property. Except as otherwise provided in this Agreement, Mattel shall develop on the Phase II Property the Phase II Project consisting of (i) a commercial structure containing up to a maximum of 300,000 square feet (which is a floor area ratio of 1.96:1) and a height not to exceed fourteen (14) stories (200 feet) and a parking structure to be located on Parcel 3 of the Phase II Property and (ii) a parking structure and two commercial structures containing up to a combined maximum of 174,240 square feet (which is a floor area ratio of 0.8:1) of office space not to exceed four (4) stories to be located on the Grand Property (collectively, the "Improvements ") in accordance with the terms of this Agreement. The Improvements shall be similar to those depicted in the site plan and elevations attached hereto as Exhibit "E" (collectively, the "Site Plans ") (nothing herein, however, shall require the inclusion of the connector to the existing office tower on Parcel 2) and shall be compatible with the existing office tower located on Parcel 2 in terms of setbacks, firelanes, aesthetics (including but not limited to, external color scheme and landscaping treatment). In addition to the foregoing, the Property shall be developed in compliance with the applicable restrictions and covenants set forth in (i) the CC &R's; (ii) the Easement Agreement; (iii) that certain Declaration of Grant of Easements dated April 10, 1986 as Instrument No. 86- 465380, as amended by that certain First Amendment to Declaration of Grant of Easements dated December 28, 1987 and recorded on December 31, 1987 as Instrument No. 87- 2053517 (as amended, the "Grant of Easements "); (iv) that certain Declaration of Covenants, Conditions and Restrictions dated November 9, 1971 and recorded on December 8, 1971 as Instrument No. 3663; (v) that certain Declaration of Covenants and Conditions and Grant of Easements dated October 6, 1986 and recorded on October 6, 1986 as Instrument No. 86- 1341360; and (vi) the Agreement Affecting Real Property, as amended. To the extent the above covenants and restrictions are inconsistent with this Agreement or the Project Approvals, this Agreement and the Project Approvals shall be the controlling documents. 2.2 Use of the Property. The Phase II Property may be used for any purposes currently permitted under the existing General Plan and applicable Zoning Ordinances, including without limitation general office and technical services and research and development. City and Developer hereby agree that the uses described on Exhibit "F" shall constitute research and development use for purposes of this Agreement, the General Plan and Zoning Ordinances. Prior to the time that physical construction of the Phase II Project commences, that portion of the Phase II Property commonly known as Parcel 3 may continue to be used as a private recreational park. The Grand Property may also continue to be used by Mattel as meeting and exhibition space for marketing purposes. 2.3 Parking. Mattel shall construct on Parcel 3 of the Phase II Property a parking structure not to exceed eight (8) stories containing a sufficient number of parking spaces to maintain on the Property a ratio of two (2) parking spaces per 1,000 square feet of technical services /research and development space (with a ratio of 3.5 parking spaces per 1,000 square feet of general office space not related to the technical services /research and development uses). Such parking structure shall be constructed on a portion of the Property abutting the existing parking structure located on Parcel 2, as -5- 64 City Council Ordinance No. EXHIBIT A DRAFT shown on the Site Plans. A certificate of occupancy for the improvements on Parcel 3 shall not be issued until such parking structure is completed. Mattel shall also construct a two level parking structure with approximately 894 parking spaces on the Grand Property, as shown on the Site Plans. Parking on the Grand Property shall be in conformance with El Segundo Municipal Code regulations. The parking structure must be completed before a certificate of occupancy will be issued by the City for the improvements on the Grand Property. 2.4 Changes in Phase II Project. Except as hereinafter set forth, no change, modification, revision or alteration may be made in the approved Phase II Project without review and approval by City or those agencies or commissions of City which were required to approve the Phase 11 Project in the first instance. A change, modification, revision or alteration in the approved Phase II Project is not effective until the parties amend this Agreement to incorporate such. Minor modifications to the approved Phase II Project which are within the discretion of the Director of Community, Economic and Development Services shall be permitted and do not require an amendment to this Agreement if consented to both by Mattel and the Director of Community, Economic and Development Services. "Minor Modifications" shall mean any change which does not materially affect land use, density, traffic, floor area ratio, or intensity of use and which is within the power of the Director of Community, Economic and Development Services to make without Planning Commission review under City's then current rules, regulations and official policies. 2.5 Effect of Agreement on Land Use Regulations The rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use, the location of uses, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes and location of public improvements and other requirements applicable to development of the Property are those rules, regulations and official policies in force on the effective date of this Agreement However, to the extent any such rules, regulations or policies conflict with the provisions of this Agreement or the Project Approvals , this Agreements and the Project Approvals shall be the controlling documents. The applicable Building, Fire, Plumbing, Electrical and Mechanical codes shall be those in effect when applications for building permits are submitted. 2.5.1 The parties hereto agree that under Section 65866 of the Government Code, the rules, It is expressly understood and agreed that the terms, rules, regulations, and official policies are to be construed broadly and include any ordinance, resolution, rule, regulation, law, plan, policy, moratoria, initiative, referendum, or condition of approval which directly or indirectly affect any aspect of the development and design of the Improvements on the Property, including but not limited to any of the foregoing which would limit the timing of the construction of the Phase II Project, or place quotas on development occurring within a given period. In this regard, it is expressly understood that, unless amended or canceled as provided in this Agreement, this Agreement is enforceable by any party to it notwithstanding among other things, a change which has occurred since the Effective Date of this Agreement, in the applicable general or specific plan, zoning, or subdivision regulations adopted by City which alter or amend the rules, regulations or official policies governing permitted uses of the Phase II Property, density and intensity of use, the location of uses, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes, and other development -6- 65 City Council Ordinance No. EXHIBIT A DRAFT standards. City hereby agrees that the land uses set forth in, and contemplated by, this Agreement are approved or will be approved pursuant to the terms of this Agreement, provided that Developer satisfactorily complies with all preliminary procedures, actions, payments and criteria generally required of developers by City for processing applications for developments. The parties agree to cooperate in processing and obtaining all necessary approvals and permits for the development of the Phase II Project and take such other actions as are necessary to carry out the intent of this Agreement. 2.5.2 This Agreement does not prevent City, in subsequent actions applicable to the Property, from applying new rules, regulations and official policies which do not conflict with those rules, regulations and official policies applicable to the Property as set forth in this Section. This Agreement also does not preclude the application to the development of the Property of changes in rules, regulations, laws and official policies which are deemed necessary by City to serve health and safety interests of the public, as supported by appropriate findings, or which are specifically mandated and required by changes in state or federal statutes or regulations, as provided for in Government Code Section 65869.5 (collectively, the "Reserved Powers "). In the event any such changes prevent or preclude compliance with one or more provisions of this Agreement, City and Mattel shall take such action as may be required pursuant to Sections 2.4 and 6.5 of this Agreement. This Agreement does not prevent City from denying or conditionally approving any other development project not involving either the Phase II Project or the development of the Phase II Property, on the basis of existing or new rules, regulations and official policies 2.6 Subsequent CEOA Review. Any changes to the Phase II Project deemed to be "substantial changes" pursuant to Public Resources Code § 21166 shall require full compliance with the California Environmental Quality Act ( "CEQA ") as determined by City. Upon CEQA compliance any such change shall require Phase II Project approvals pursuant to the rules then in effect and amendment of this Agreement to reflect said change. If mitigation required pursuant to CEQA compliance requires modification to the development of the Improvements, said modification shall be governed by the provisions of Section 2.4. 2.7 Public Benefits, Fees and Other Exactions. Mattel shall pay all of the development fees for the Phase II Property as set forth in Exhibit G. These development fees are based upon the fees that the City currently has in effect and represent a credit to Mattel with respect to fees paid towards the development of Parcel 3 under the Original Development Agreement. Additionally, in consideration of the City entering into this Agreement, Mattel agrees to construct the following improvements at its own cost and expense, or post bonds to ensure that such will be constructed, prior a certificate of occupancy being issued for any of the improvements being constructed on the Phase II Property: 2.7.1 Grinding, overlaying, and restriping the pavement of Continental Boulevard between El Segundo Boulevard and Grand Avenue. The pavement shall have a minimum thickness of two inches. 6 u City Council Ordinance No. _ EXHIBIT A DRAFT 2.7.2 Grinding, overlaying, and restriping the pavement of Continental Boulevard between Grand Avenue and Mariposa Avenue. The pavements shall have a minimum thickness of two inches. 2.7.3 New landscaping and irrigation for the median island on Continental Boulevard between El Segundo Boulevard and Mariposa Avenue in accordance with a landscaping and irrigation plan approved by the Department of Public Works. 2.7.4 The developer shall reimburse the City for all of the City's Attorneys fees and costs incurred with respect to work performed for the Phase II Project. The developer shall be provided with an invoice reflecting the total amount due which shall not contain any detailed billing information with respect to the work performed by the City's attorneys. 2.8 Reservations of Authority. Notwithstanding any other provision of this Agreement, Sections 2.5 and 2.7 herein shall not apply to the following matters relating to the development of the Phase II Property: 2.8.1 Plan check and building permit fees imposed by City to cover the estimated actual costs to City of processing applications for development approvals for the site, provided that such fees shall be consistent with plan check and building permit fees charged by the City on a City-wide basis. 2.8.2 Regulations governing construction standards and specifications including, without limitation, the Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, National Electric Code, Uniform Fire Code and Standard Specifications for Public Works Contracts. 2.8.3 It is acknowledged by the parties that other public agencies and entities not within the control of City may possess authority to regulate aspects of the development of the Phase II Project and the Phase II Property, including the imposition of conditions, exactions, dedications and fees, and this Agreement does not limit the authority of such other public agencies and entities. 2.9 Sales and Use Tax. (a) In the event the contract price for any work on the Phase II Project is valued at five million dollars ($5,000,000) or more, Mattel agrees to report on a State Board of Equalization Tax Return, any purchases or tangible personal property made in connection with the finishing of and/or installation of materials, or fixtures for the Phase I1 Project, when such purchases were made without sales or use tax due. Mattel shall indicate the City as a registered job site location on the State Board of Equalization Tax Return. In such event, Mattel shall also obtain a permit or a sub - permit from the State Board of Equalization indicating the City as the registered job site location, in accordance with State Board of Equalization Operations Memorandum No. 1023. _g_ 67 City Council Ordinance No. _ EXHIBIT A DRAFT (b) Mattel further agrees that if Mattel retains contractors or subcontractors to perform a portion of work in the Phase II Project, and said contracts or subcontracts are valued at five million dollars ($5,000,000) or more, said contracts or subcontracts shall contain the provisions set forth in Subsection (a) above. (c) The Director of Administrative Services of the City is authorized to relieve Mattel, and Mattel's contractors and subcontractors, from the requirements set forth in this Section 6.7 upon proof to the reasonable satisfaction of the Director of Administrative Services that Mattel and/or its contractors or subcontractors have made good faith efforts to obtain said permit or sub - permits, but were denied the same by the State Board of Equalization. Section 3. Certificate of Completion, Mortgage Protection, Estoppel Certificate. 3.1 Certificate of Completion. 3.1.1 Upon written request by Mattel after completion of all construction and development of the Phase II Project in accordance with this Agreement and inspection of all Improvements by City and its determination that all are acceptable, the Director of Planning and Building and Safety of City shall furnish Mattel with a Certificate of Completion (the "Certificate of Completion "). The Certificate of Completion shall not be unreasonably withheld and shall be in a form as to permit it to be recorded in the office of the County Recorder of Los Angeles County. The Certificate of Completion shall be, and shall so state, conclusive determination of satisfactory completion of the construction contemplated by this Agreement, and of full compliance with the terms of this Agreement. After issuance of the Certificate of Completion, any party then owning or thereafter purchasing, leasing or otherwise acquiring any interest in the Phase II Property or the Improvements shall be deemed to have satisfied its obligations under this Agreement. Such party shall nonetheless be bound by any covenants as are recorded and expressly made to survive the execution and delivery of the Certificate of Completion and any owner of the Phase II Property in fee shall be subject to the indemnification of City as required herein by Paragraph 7A during the term of that ownership interest. 3.1.2 A Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of Mattel to any holder of a mortgage, deed of trust or other security instrument (collectively, "Mortgage "), or any insurer of, a Mortgage securing money loaned to finance the Improvements, or any part thereof (such holder and such insurer are collectively referred to herein as "Mortgagee "), or as a notice of completion as referred to in the California Civil Code Section 3093, or with the requirements for a Certificate of Occupancy as defined in City's building code. 3.2 Mortgagee Protection, Certain Rights of Cure. 3.2.1 Mortgagee Protection. No breach hereof shall render invalid, the lien of any Mortgage made in good faith and for value. A Mortgagee who acquires title to the Phase II Property, or any portion thereof, by foreclosure, trustee's sale, or by deed in lieu of foreclosure, -9- 68 City Council Ordinance No. EXHIBIT A DRAFT shall have the right to assume the rights, benefits, and obligations of this Agreement if it executes an assumption agreement as provided for in Section 4.2.5 of this Agreement. 3.2.2 Mortgagee Not Obligate _d. No Mortgagee shall have any obligation or duty under this Agreement to construct or complete the construction of the Improvements, or to guarantee such construction or completion; provided, however, that a Mortgagee, unless assuming the obligations under this Agreement pursuant to an assumption agreement with City, shall not be entitled to devote the Phase II Property to any uses or to construct any improvements thereon other than those uses or improvements permitted under then applicable laws, rules, regulations and official policies. 3.2.3 Notice of Default to Mortgagee-, Right of Mortgagee to Cure. If City receives notice from a Mortgagee requesting a copy of any notice of default (as defined in Section 6 below) given to Mattel hereunder and specifying the address for service thereof, then the City shall deliver to such Mortgagee, concurrently with service thereon to Mattel, any notice given to Mattel, with respect to any claim by City that Mattel has committed a default. Each Mortgagee shall have the same right (but not the obligation) as Mattel to cure or remedy, or to commence to cure or remedy, the default claimed in City's notice. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession, such Mortgagee shall, at its option, seek to obtain possession with diligence and continuity through a receiver or otherwise, and shall thereafter remedy or cure the default within ninety (90) days after obtaining possession. If any such default, cannot, with diligence, be remedied or cured within such ninety (90) day periods, then such Mortgagee shall have such additional time as City shall determine in its sole discretion that may be reasonably necessary to remedy or cure such default if such Mortgagee commences cure during such ninety (90) day period, and thereafter diligently pursues completion of such cure to the extent possible. 3.3 Estoppel Certificate. Any party may, at any time, and from time -to -time, deliver written notice to the other party requesting such party to certify in writing that, to the knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within fifteen (15) days following the receipt thereof. The Director of Community, Economic and Development Services of City shall have the right to execute any certificate requested by Mattel hereunder. City acknowledges that a certificate hereunder may be relied upon by transferees and any Mortgagee. Section 4. Transfers and Assignments. 4.1 Assignment. Mattel shall have the right, with the approval of City, which shall not be unreasonably withheld, to sell, transfer or assign the Phase II Property in whole or in part to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations, if any, arising under or from this Agreement and be made in strict 69 -10- City Council Ordinance No. EXHIBIT A DRAFT compliance with the following conditions precedent; provided, however, any such assignment shall not relieve Mattel of its duties and obligations hereunder unless the consent of City is obtained to the assignment, sale or transfer and the assignee, buyer or transferee executes an assumption agreement satisfactory to City as hereinafter provided in this Agreement. Prior to any sale, transfer or assignment, City shall consent thereto. Mattel shall notify City in writing of such proposed sale, transfer or assignment and shall provide City with a form of agreement, reasonably acceptable to City, to be executed by the purchaser, transferee or assignee, providing that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations, if any, of Mattel under this Agreement. City shall be entitled to consider the purchaser's, transferee's or assignee's ability to complete the Phase II Project including the purchaser's, assignee's or transferee's financial capability. City's consent shall not be unreasonably withheld or delayed. City shall promptly review such documents and factors. Mattel shall be fully responsible for its obligations, if any, under this Agreement until City shall accept an executed assumption agreement from the purchaser, transferee or assignee. Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by Mattel under this Agreement. The benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such assumption agreement is executed. 4.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, Mattel shall continue to be obligated under this Agreement unless Mattel is given a release in writing by City, which release shall be provided by City, upon the full satisfaction by Mattel of all of the following conditions: 4.2.1 Mattel no longer has a legal or equitable interest in all or any part of the Phase II Property. 4.2.2 Mattel is not then in default under this Agreement. 4.2.3 Mattel has provided City with the notice and executed agreement required under 4A(2) above. 4.2.4 The Purchaser, transferee or assignee provides City with a fully executed assumption agreement, in a form satisfactory to City, by which it fully assumes all of the burdens and obligations, if any, of this Agreement as to the Phase II Property or portion of Phase II Property sold, transferred or assigned. 4.3 Authority for Consent. For purposes of this Section 4, whenever the approval, consent, release or action by the City is required or desired hereunder the City Manager or his or her designee shall have the full right and authority to take such action on behalf of the City. [Discuss with Mary] -11- 7 0 City Council Ordinance No. EXHIBIT A DRAFT Section 5. Administration of Agreement. 5.1 Annual Review of Compliance. The City shall, at least every twelve (12) months during the term of this Agreement, review the extent of good faith compliance by Mattel with the terms and conditions of this Agreement. Such periodic review shall be limited in scope to compliance with the terms and conditions of this Agreement pursuant to California Government Code Section 65865.1. Notice of such annual review shall include the statement that any review may result in amendment or termination of this Agreement. 5.2 The City shall provide the Mattel (60) days prior written notice of such periodic review. Such notice shall require Mattel to demonstrate good faith compliance with the terms and conditions of this Agreement and to provide such other information as may be reasonably requested by the City, as deemed to be required in order to ascertain compliance with this Agreement. Section 6. Default, Remedies and Termination. 6.1 Termination of Agreement for Default of Mattel. In addition to whatever other legal or equitable remedies it may have, City may terminate this Agreement for any failure of Mattel to perform any material duty or obligation of Mattel under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default "); provided, however, City may terminate this Agreement pursuant to this Section only after providing written notice to Mattel of default setting forth the nature of the default and the actions, if any, required by Mattel to cure such default and, where the default can be cured, Mattel has failed to take such actions and cure such default within 30 days after the effective date of such notice or, in the event that such default cannot be cured within such 30 -day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 30 -day period and to diligently proceed to complete such actions and cure such default. 6.2 Termination of Agreement for Default of City. As its sole remedies, Mattel may either seek specific performance of its rights hereunder or terminate this Agreement in the event of a default by City in the performance of a material duty or obligation of City under this Agreement or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default "); provided, however, Mattel may terminate this Agreement pursuant to this Section only after providing written notice to City of default setting forth the nature of the default and the action, if any, required by City to cure such default and, where the default can be cured, City has failed to take such actions and cure such default within 30 days after the effective date of such notice or, in the event that such default cannot be cured within such 30 -day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 30 -day period and to diligently proceed to complete such actions and cure such default. 6.3 Excuse for Performance. Mattel's nonperformance shall not be excused because of a failure of a third person, unless such failure is by a person within the control of City or performance is otherwise excused under this Agreement. Adoption of a law or other governmental activity making performance by Mattel unprofitable or more difficult or more expensive does not excuse the performance of the obligation by Mattel, except that City may not adopt any rules, regulations or official -12- 71 City Council Ordinance No. EXHIBIT A DRAFT policies applicable to the development of the Phase II Project which would be in conflict with this Agreement. 6.4 Termination By Mattel Not Based Upon Default. Mattel may terminate this Agreement at any time before breaking ground on the Phase II Project contemplated by this Agreement by giving City thirty (30) days prior written notice. 6.5 Enforced Delay; Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either party of obligations hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lockouts, riots or other industrial disturbance, floods, earthquakes, the discovery and resolution of hazardous waste or contaminants or material geologic, hydrologic, archaeologic or paleontologic problems, fires, explosions or casualties, acts of God, acts of the public enemy, unusually severe weather, governmental action, governmental delay, restraint or inaction, enactment of state or federal statutes, regulations or ordinances, pending litigation, judicial decisions, initiatives, referenda, inability to obtain suitable equipment, materials or contractors, market conditions, or any other causes, whether of the kind specifically enumerated or otherwise which is not within the reasonable control of the party to be excused. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause. Times of performance under this Agreement may also be extended by mutual written agreement of the City and Mattel. Section 7. Insurance and Liability. 7.1 Hold Harmless and Indemnity. Mattel agrees to and shall defend and hold City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage, including attorneys' fees and litigation costs, for personal injury, including death, and claims for property damage which arise from the operations of the Mattel, or those of its contractors, subcontractors, agents, employees or other persons acting on its behalf and its officers, agents, employees and representatives, in connection with the development of the Phase II Project including, but not limited to, the study, design, engineering or construction of the Phase II Project, except for any liability arising out of the negligent or intentional acts or omissions of City or its employees, agents or independent contractors. 7.2 Insurance. Before commencing construction of the Phase II Project on the Property, Mattel shall obtain the insurance described in 7.2.1 and 7.2.2 herein which insurance shall be reasonably approved by the City Attorney as to form, amount and carrier. Mattel shall maintain its insurance during the construction of the Phase II Project. Proof of said insurance shall be provided to the City Attorney prior to commencement of any construction hereunder. City shall receive 30 days prior written notice of cancellation of any insurance policy provided hereunder. 7.2.1 Compensation Insurance. Mattel shall maintain Worker's Compensation insurance for all persons employed by Mattel at the Phase II Property. All contracts entered into by Mattel with any contractor or subcontractor performing work at the Phase II Property shall require such contractor or subcontractor to provide Worker's Compensation insurance for their respective employees. 72 -13- City Council Ordinance No. EXHIBIT A DRAFT 7.2.2 Public Liability and Property Damage Insurance. Mattel shall maintain public liability insurance in an amount not less than $1,000,000 for injuries (including death) to any one person and subject to the same limit for each person in an amount not less than $3,000,000 on account of any one occurrence; and property damage insurance in an amount of not less than $1,000,000 for damage to the property of each person on account of any one occurrence. Section 8. Legal Actions. 8.1 Third Party Litigation Concerning Agreement. Mattel, at its expense, including attorneys' fees, shall defend, indemnify, protect and hold harmless City, its agents, officers and employees, from any claim, action or proceedings against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement, the Project Approvals, the approval of any permit granted pursuant to this Agreement or the Project Approvals, or any other action taken by the City with respect to implementing this Agreement or the Project Approvals.. City shall promptly notify Mattel of any such claim, action or proceeding, and City shall cooperate in its defense. If City fails to promptly notify Mattel of any such claim, action or proceeding, or if City fails to cooperate in the defense, Mattel shall not thereafter be responsible to defend, protect, indemnify, or hold harmless City. 8.2 Reservation of Rights. With respect to Section 8.1 herein, City reserves the right to either (1) approve the attorney(s) which Mattel selects, hires or otherwise engages to defend hereunder, which approval shall not be unreasonably withheld; or (2) conduct its own defense; provided, however, that Mattel shall reimburse City forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing (not including specific detailed attorney billing entries) and accounting therefor. If City elects to conduct its own defense at Mattel's expense, Mattel shall have a right of approval over counsel chosen by City. However, Mattel shall not unreasonably withhold that approval. 8.3 Attorneys' Fees. If either party brings an action or proceeding (including without limitation, any cross - complaint, counterclaim, or third -party claim) against the other party for breach of this Agreement or to enforce any provision of it, or otherwise arising out of this Agreement, the prevailing party in such action or proceeding shall be entitled to its costs and expenses of suit, including but not limited to reasonable attorneys' fees. 8.4 Certain Obligations Not Recourse. Notwithstanding anything to the contrary herein contained, no elective or appointive board, commission, officer, agent or employee of the City, shall be personally liable upon any of the obligations of City. 8.5 Survival. The provisions of this Section 8, inclusive, shall survive for a period of eight years following the termination of this Agreement. Section 9. General Provisions. 9.1 Notices, Approvals, Consents. Any notice, approval or consent required or permitted by this Agreement to be given or delivered to any party shall be in writing and deemed to have been received when personally delivered, upon telephonic confirmation of receipt following delivery by -14- 73 City Council Ordinance No. EXHIBIT A DRAFT facsimile, one business day following delivery by overnight express or seventy -two (72) hours following deposit of the same and any United States Post Office, registered or certified, postage prepaid, addressed as follows: City: City of El Segundo 350 Main Street El Segundo, California 90245 Attention: City Clerk With a copy to: Burke, Williams & Sorensen 611 W. Sixth Street, Suite 2500 Los Angeles, California 90017 Attn: Mark Hensley, Esq. Mattel: Mattel, Inc. 333 Continental Boulevard El Segundo, California 90245 Attention: Legal Department With a copy to: Allen Matkins Leck Gamble & Mallory LLP 515 S. Figueroa St. 7`h Floor Los Angeles, California 90071 Attn: Jerry B. Neuman 9.2 Exhibits. All exhibits attached hereto are incorporated by this reference as if fully set forth herein. 9.3 Terms. As used herein, the singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. 9.4 Venue. City and Mattel understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement. Any litigation concerning this Agreement shall take place in the Los Angeles County Superior Court. 9.5 Entire Agreement. This Agreement and the Project Approvals represent the complete, final, entire and exclusive expression of the agreement between the parties with respect to the subject matter hereof and supersede any and all other agreements, either oral or in writing with respect to the subject matter hereof. Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained or referenced in this Agreement shall be valid and binding. [SIGNATURES APPEAR ON FOLLOWING PAGE] -15- 74 City Council Ordinance No. EXHIBIT A DRAFT IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first above written. Attest: City Clerk (Seal) APPROVED AS TO FORM: City Attorney CITY: CITY OF EL SEGUNDO, a municipal corporation Mayor MATTEL: MATTEL, INC., a Delaware corporation 9[� Name: Title: 75 City Council Ordinance No. EXHIBIT A DRAFT STATE OF CALIFORNIA ) )ss. COUNTY OF LOS ANGELES ) On , 2004 before me, the undersigned, a Notary Public in and for the said State and County, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their 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. Signature (This area for official notarial seal) STATE OF CALIFORNIA ) )ss. COUNTY OF LOS ANGELES ) On , 2004 before me, the undersigned, a Notary Public in and for the said State and County, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their 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. Signature (This area for official notarial seal) -17- 76 City Council Ordinance No. EXHIBIT A DRAFT STATE OF CALIFORNIA ) )ss. COUNTY OF LOS ANGELES ) On , 2004 before me, the undersigned, a Notary Public in and for the said State and County, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their 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. Signature (This area for official notarial seal) STATE OF CALIFORNIA ) )ss. COUNTY OF LOS ANGELES ) On , 2004 before me, the undersigned, a Notary Public in and for the said State and County, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their 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. Signature -18- (This area for official notarial seal) Ti City Council Ordinance No. EXHIBIT A DRAFT LIST OF EXHIBITS EXHIBIT "A" LEGAL DESCRIPTION OF ORIGINAL PROPERTY EXHIBIT "B" DEPICTION OF ORIGINAL PROPERTY EXHIBIT "C" LEGAL DESCRIPTION OF GRAND PROPERTY EXHIBIT "D" DEPICTION OF GRAND PROPERTY EXHIBIT "E" SITE PLANS EXHIBIT "F" RESEARCH AND DEVELOPMENT USES EXHIBIT G DEVELOPMENT FEES _19_ 78 City Council Ordinance No. EXHIBIT A DRAFT EXHIBIT "A" DESCRIPTION OF ORIGINAL PROPERTY Lots 1, 2 and 3 of Parcel Map 16854, in the City of El Segundo, County of Los Angeles, State of California, recorded on October 11, 1985 in Book 181, pages 52 and 53 of Parcel Maps in the Office of the County Recorder of Said County. 79 City Council Ordinance No. EXHIBIT A DRAFT EXHIBIT "B" DEPICTION OF ORIGINAL PROPERTY t t� i� 1 � t H W J W Ad o i�aa3 st 9'i t � s ��E•7AA7'i� a Q J CO jai` . . U Q t:-4% :a wall c y � =air W i3G7� O } u t t� i� 1 � t t 'lilt i } 8U st 9'i t � s ��E•7AA7'i� ����lS1 Ft� � iiili� t 'lilt i } 8U City Council Ordinance No. EXHIBIT A DRAFT EXHIBIT "C" LEGAL DESCRIPTION OF GRAND PROPERTY The real property referred to herein is all that certain real property located in the City of El Segundo, County of Los Angeles, State of California, described as follows: Parcel No. 1 in the City of El Segundo, County of Los Angeles, State of California, as shown upon Parcel Map No. 10335 filed in Book 94, Pages 96 and 97 of Parcel Maps, in the office of the County Recorder of said county. Excepting from said parcel all oil, gas and other hydrocarbons and other minerals, whether similar to those specified or not, within or that may be produced from said land, with no right or interest of any kind therein, express or implied, in the surface of said land but with the sole and exclusive right from time to time to drill and maintain wells and supporting works into or through said land below a depth of 500 feet and to produce, inject, store and remove from and through such wells or works, oil, gas and other substances of whatever nature including the right to perform any and all operations deemed necessary or convenient for the exercise of said right, as reserved by Standard Oil Company of California, a corporation, in deed recorded June 30, 1969, as Instrument No. 759 in Book D -4419, Page 266 of Official Records. LOW DRAFT City Council Ordinance No. EXHIBIT "D" DEPICTION OF GRAND AVENUE PROPERTY N GRAND AVE. �� DRAFT City Council Ordinance No. EXHIBIT "E" PROPOSED SITE PLAN C7 d M W W F F Q F V 0 Q l7 n t F W W 00, 00 ¢ ¢�_� �m i H J p~ vOi ~ t F yC K U-pK C d� I.- yl� t aj0 M -Al ¢% ° yW <O a~ p ~i VCC ax ~ LL° f 6Q MOO W ~ 7LJ V LL °H ��C4 W vi LL LL t O VLLyN mY�mJ`U. a00) °A =NN W� °116p LLLLy 2° uLL.°DSO �a 1. N °T, <ssGlo °T,LLOO °o i +o0° i�o 0000 O n H 00 6 O J W �$ ° vv >r ° oo ° A�$ 9_0 C,U.t% yyyam.. o ° do Jy3y�1�m�o y3y��m�n '�((d ° Sxr` Sit a� Cr Ole m i W m n m 7C b O• F• m Z N 1pV 0� O m Z N N m 1y N C7 ml W A m W W W_ 00 W lu I- =a W � 6 O J O L Q! 0 yW - V F t J N I �� 'OAIi TLO�L107 ass 1 , 1 I m LL 'Ir J� 1 1 Illull IIIIi - - -�- f-- --------- ----- -, I-- -- -- - - -- I � IIIIIIIIIIIIIIII Illlllllllllllllllfllllll ! I �� 1 v I _III II I'll I ' HII I 1 1 Ill I 0 1 lul �} 1 1 I ll . 1 1 I 1 C.1 W O 4 1 I I I I 1 1 I i 83 City Council Ordinance No. EXHIBIT A DRAFT EXHIBIT "F" RESEARCH AND DEVELOPMENT USES MATERIALS LABORATORY The Materials Laboratory develops new materials for Mattel product lines. The lab is also responsible for developing product colors and for maintaining Mattel's color library. RECORDING STUDIO The Recording Studio is responsible for the production of taped music, sound effects and dialogue used in toy products MODEL SHOP The Model Shop is responsible for developing models and product duplication masters for all proto -type toys. Models are made from rubber, aluminum and steel molds created on site. Mold creation requires woodworking, plaster casting, welding, machining, paint and epoxy resin operations. SPECIAL TOOLING Special Tooling (roto -cast) is responsible for the development of proto -type molds requiring copper and nickel plating. SAMPLES Samples is responsible for developing and constructing display presentations of new products for presentations, trade shows and toy fairs. In addition, this function is responsible for labeling, repairing and packaging all sample products for shipping. This group also coordinates internal distribution of product to design and development, marketing, sales and packaging staff. Samples utilizes woodworking, paint, and shipping/ receiving resources. CAMERA GRAPHICS Camera Graphics is responsible for the design, layout, paste -up and typesetting of Mattel's catalogues and brochures. This department utilizes photographic dark rooms, silk screening and digital typesetting processes. ULTRASONIC LAB The lab is responsible for testing and engineering of proto -type toys. Testing includes foils, inks, paint and artwork used in new products. In addition, the lab is responsible for the development of etched photo plates. City Council Ordinance No. EXHIBIT A DRAFT EXHIBIT "F" QUALITY & SAFETY ENGINEERING Quality & Safety is responsible for testing new products for reliability and consumer safety. This function utilizes environmental test chambers and flame test processes. FACILITIES Facilities is responsible for building maintenance, custodial and material handling operations. Includes building shop, storage, shipping /receiving areas. DESIGN AND DEVELOPMENT OFFICES Offices and cubicles occupied by designers and others who support Design and Development functions. 1. 2. 3. 4. 5. City Council Ordinance No. EXHIBIT A DRAFT EXHIBIT "G" DEVELOPMENT FEES Police Service Mitigation Fee $0.11 per gross floor area minus a prorated credit of $5,945 for fees paid as part of the Original Development Agreement Fire Service Mitigation Fee $0.14 per gross floor area Library Service Mitigation Fee $0.03 per gross floor area Traffic Mitigation Fee Per City Council Resolution No. 3969 adopted May 21, 1996, minus a prorated credit of $97,170 for fees paid as part of the Original Development Agreement Water Meter Installation Fees Per Title 14 of El Segundo Municipal Code P \Planning & Building Safety\PROJECTS \551- 575\EA -559 \development Agreement 1 -29 -04 clean doc -3- 8b CITY COUNCIL ORDINANCE NO. Exhibit B CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), Mattel, Inc. agrees to comply with the following provisions as conditions for the City of El Segundo's approval of Zone Text Amendment No. 03 -2, and Development Agreement No. 01 -3. ( "Project Conditions "). Zoning Conditions 1. Before the City issues a building permit, the applicant must submit plans, which indicate that the project substantially complies with plans and conditions approved and on file with the Department of Community, Economic and Development Services. Any subsequent modification to the project as approved must be referred to the Director of Community, Economic and Development Services for a determination regarding the need for Planning Commission review of the proposed modification. 2. A Landscaping and Irrigation Plan will be submitted by the applicant to the Director of Community, Economic and Development Services, before issuance of any construction related permit. Any new landscaped areas will be provided with a permanent automatic watering or irrigation system and will be permanently maintained in a neat and clean manner. The applicant will incorporate provisions for the use of reclaimed water in the Landscaping and Irrigation Plan. The Plan will be reviewed and approved by the Director of Community, Economic and Development Services, and installed per the City approved plans by the applicant before the City issues a Certificate of Occupancy. 3. There may be a maximum of 300,000 square feet of new office and research space built on the Phase II parcel along with a maximum 8 story parking structure. There may be a maximum of 174,240 square feet of new office and research space built on the 1955 East Grand Avenue parcel along with a maximum 3 story parking structure as shown on the plans on file in the Community, Economic, and Development Services Department. Prior to any construction occurring on the 1955 East Grand Avenue parcel, the existing 55,000 square foot building will be completely demolished and removed from the site. 4. The applicant must record the Amended Development Agreement before the issuance of building for either Phase II or 1955 E. Grand Avenue parcels. 5. The applicant must provide reciprocal access agreements, subject to review and approval by the City Attorney, between Phase I, Phase II and 1955 E. 1 87 Grand Avenue parcels. Such agreement shall be recorded before the issuance of a Certificate of Occupancy for a building for either Phase II or 1955 E. Grand Avenue parcels. Public Safety Conditions 5. Before building permits are issued, the applicant must submit a photometric light study to the Police Department for review and approval. 6. Addressing for the office buildings and parking structures must be a minimum of 6 to 24 inches high, visible from the street, of contrasting color to the background and illuminated during hours of darkness. 7. Bike racks must be located in a busy, well -lit location to provide optimum security for persons and property. 8. All landscaping must be low profile around perimeter fencing, windows, doors, and entryways taking special care to not limit visibility and to not provide climbing access. Floral or grass ground cover is recommended. Bushes should be trimmed to 1 to 2 feet in height and away from buildings. Dense bushes should not be clumped together, as this provides a hiding place for criminal activity. Trees should be trimmed up to 7 feet. Berms, especially those with landscaping on top are not recommended as they provide concealment to commit crimes. 9. Trash bins located outside of the buildings should be enclosed with wrought iron or steel tubular fencing. Dumpsters not enclosed with this type of fencing must be constructed in a way which fully encloses the dumpster. All enclosure gates must be locked and have a wall pack or light standard to provide security lighting directly over the dumpster. 10. Employee parking should not be located by shipping /receiving docks or dumpsters. 11. Permanently affixed ladders leading to a roof must be fully enclosed with sheet metal to a height of 10 feet. This covering must be locked against the ladder with a case - hardened hasp and secured with non - removable screws or bolts. Hinges on the cover will be provided with non - removable pins when using pin type hinges. If a padlock is used, it must have a hardened steel shackle, locking at both heel and toe, and a minimum 5 -pin tumbler operation with a non - removable key when in an unlocked position. 12. Loading docks must have wall packs installed directly over the roll -up doors. Roll -up doors should have two interior locking devices located on each side of the door (padlocks or cane bolts can be used). The roll -up doors can have a one -inch by 5 -inch vision panel to view outside before opening the door. 2 88 13. Entry and exit for parking lots and structures should be limited to one for control and observation. A perimeter wall or fencing should fully enclose the first level of the parking structure to limit access. Elevators and stairs should be located on the perimeter of parking structures and be enclosed with glass to optimize visibility and security. Openness on two sides is acceptable, four sides would be preferable. 14.A lighting plan shall be reviewed and approved by the Police Department prior to issuance of any building permit. A transitional lighting plan within the parking structures must be submitted indicating a minimum maintained lighting level of two -foot candles on the surface. The lighting level is to be maintained throughout the parking structure, not just on drive aisles. To increase the general brightness of the parking structures, white staining concrete applied to ceilings, walls, and beam soffits is recommended. For areas outside of the parking structures, a minimum of one -foot candle of light on the ground surface must be provided around all sides of the building, throughout the driveways and surface parking areas during hours of darkness. Aisles, passageways and recesses related to and within all sides of the complex must be illuminated with a maintained minimum during hours of darkness. Lighting devices must be enclosed and protected by weather and vandal resistant covers. 15. If parking booths, security cameras, a signal booster, alarms or panic alarms are to be used, a detailed plan should be submitted to the Police Department for review and approval. 16. Double doors must have a secondary locking device, such as a cane or flush bolt in addition to a deadbolt. The inactive leaf of double door(s) must be equipped with metal flush bolts having a minimum embedment of 5/8 inch into the head and threshold of the door frame. 17. Perimeter walls must be a minimum height of six feet and of solid construction. Walls must limit climbing access (i.e. concrete walls must not have varied sections where decorative blocks allow for stepping over the wall or part of the wall consists of wrought iron). Wood, wrought iron or steel tubular perimeters must be six feet high and all horizontal members must be on the inside of the perimeter. Where wrought iron or steel tubular fencing is used, the horizontal members must run along the top and bottom portion of the fence. Building Safety Conditions 18. Before the City issues any permit for construction, the applicant will submit a Geotechnical Report to the Department of Community, Economic and Development Services for review and approval. 3 gJ 19. Before the City issues any permit for construction, the applicant will submit a Grading Plan to the Department of Community, Economic and Development Services for review and approval. 20. Before building permits are issued, plans must show conformance with the 2001 California Building, Mechanical, Electrical, Fire, Plumbing, and Energy Codes. 17. Before building permits are issued, plans will be reviewed for accessibility requirements per Chapter 11 of the 2001 California Building Code. 18. Before building permits are issued, a Storm Water Pollution Prevention Plan (SWPPP) plan must be submitted to the City for review and approval. Design Conditions 19. Before building permits are issued, easements shall be approved and recorded ensuring reciprocal vehicle and pedestrian access between all parcels in the total Grand Way and 1955 E. Grand Avenue projects. 20.The applicant will paint (or colorize) light standards, down drains, equipment enclosures, and similar devices, to coordinate with buildings and similar facilities in the surrounding area. All finishes will be non - reflective. 21. The applicant shall extend the existing TDM program for Phase I of the Grand Way project to the proposed project to increase the convenience and attractiveness of the other transportation alternatives among employees and visitors. The required TDM program shall include the following to achieve vehicle trip reduction goals: a. The applicant shall encourage employee ridership of the Metro Green Line through employee awareness programs and convenient access to schedules and routes. b. The applicant shall provide services, such as the currently provided carpool and vanpool matching through zip code information, reserved parking for employees who carpool or vanpool together, and a guaranteed free ride home should the employee need to work late or leave work early due to family emergency, to facilitate ridesharing. c. The applicant shall maintain a designated employee who provides Transportation Management services. The benefits of the rideshare program shall be communicated through the company intranet. The program shall communicate to new hires during their orientation and periodically through the company newsletter. 22. To address project - related traffic impacts at the Sepulveda Boulevard / Grand Avenue intersection, Mattel must contribute a fair share costs towards the design and construction of a double left -turn pocket for southbound Sepulveda Boulevard and the associated traffic signal street lighting modifications. This work will require approval by Caltrans and Chevron 4 90 Products Company (who have an oil pipeline easement in Sepulveda Boulevard. Such improvements must be installed before the issuance of a certificate of occupancy for either the Phase II or 1955 Grand Avenue buildings, whichever is completed first. 23.The applicant must re- stripe westbound Grand Avenue at Sepulveda Boulevard to convert the outside through lane to an optional shared through / right -turn lane before the approval of any final inspection or issuance of a Certificate of Occupancy either the Phase II or 1955 Grand Avenue buildings, whichever is completed first. 24. Implementation of the project includes modification of the Grand Avenue median to add a left -turn pocket into the project. The applicant must obtain an encroachment permit from the City before construction of this modification. The improvements must be constructed before the issuance of a Certificate of Occupancy for the 1955 East Grand Avenue building. 25. All construction equipment must be properly tuned and maintained in accordance with manufacturer's specifications. 26. General contractors must maintain and operate construction equipment so as to minimize exhaust emissions. During construction, trucks and vehicles in loading and unloading queues shall be kept with their engines off, when not in use, to reduce vehicle emissions. Construction emissions shall be phased and scheduled to avoid emissions peaks and discontinued during second — stage smog alerts. Fire Department Conditions 27. Before beginning construction, the applicant will obtain a Fire Lane Permit. Fire lanes must be a minimum of 15 feet from the proposed buildings and a maximum of 35 feet from the buildings. The required fire lane turning radius is 40 feet on the inside radius and 60 feet on the outside radius. 28. Before beginning construction, the applicant will obtain a Fire Main Permit. 29. Before the City issues a building permit, the applicant will submit a Fire /Life Safety Plan to the Fire Chief, for review and approval. The Phase II building must comply with the fire /life safety requirements of the California Fire Code, Article 37, Mid -Rise Buildings, as adopted by the City Fire Department. 30. Before the City issues any construction related permits, the applicant will verify the location and adequacy of fire hydrants, and must provide Knox Box access equipment (padlock or key switch) at access gates to the parking structures. 31.The applicant must obtain the appropriate permits from the South Coast Air Quality Management District (SCAQMD) and the Department of Community, 91 Economic and Development Services for the installation of any paint spray booths in either the Phase II or 1955 East Grand Avenue buildings. 32.The applicant must provide provisions for gas detection and mitigation due to the previous Gough Fee gas storage activities in the surrounding area. 33. The applicant must obtain the appropriate industrial waste treatment permits from the Los Angeles County Sanitation District for any plating operations in either the Phase I I or 1955 East Grand Avenue buildings. 34. The applicant must comply with CalOSHA requirements for employee hearing protection during construction of the project. Service Fees 35. Before building permits are issued for each building, the applicant will pay the required sewer connection fees (as outlined in Title 12 -3 of the Municipal Code) if the development requires any new sewer connection. Miscellaneous Conditions 36. Before the issuance of a building permit for either the Phase II or 1955 East Grand Avenue building, the applicant must provide Los Angeles County Congestion Management Plan (CMP) Debit/Credit Calculations, and a Phasing Plan for CMP related improvements, to the Director of Community, Economic, and Development Services for reasonable review and approval. Such calculations will not be required if the CMP no longer requires the City to maintain a positive credit balance at the time of issuance of a building permit or Certificate of Occupancy for the either the Phase II or 1955 East Grand Avenue Building. If required, the calculations shall include only programs, which meet all the minimum criteria (e.g., density) contained in the CMP. Before the issuance of a Certificate of Occupancy for the building, the applicant shall provide evidence to the Director of Community, Economic, and Development Services that the proposed project CMP debits /credits related improvements were implemented and balanced on the project site in accordance with the approved phasing plan. As may be applicable, the City will give credit for CMP related improvements towards the applicant's traffic mitigation impact fee, as appropriate. 37.The applicant, Mattel, Inc. must acknowledge receipt and acceptance of the Project Conditions by executing the acknowledgement below. 38.The applicant, Mattel, Inc. agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Zone Text Amendment No. 03 -2 and Development Agreement No. 01 -3. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of 6 99 the City approval of Zone Text Amendment No. 03 -2 and Development Agreement No. 01 -3, Mattel, Inc. agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees. By signing this document, Mattel, Inc. certifies that it has read, understood, and agrees to the Project Conditions listed in this document. Mark Wing, Mattel, Inc. P \Planning & Budding Safety\ PROJECTS \551 - 575 \EA - 559 \EA- 559.ord.2 clean doc 93 CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC HEARING: SUBJECT: APPLICANT: PROPERTY OWNER: REQUEST: PROPERTY INVOLVED: Introduction December 18, 2003. Environmental Assessment No. 559, General Plan Amendment No. 03 -3, and Zoning Text Amendment No. 03 -2, and Development Agreement Renewal, Extension, and Amendment No. 01 -3 Mattel, Inc. Mattel, Inc. Extend and expand the Development Agreement for the project. Amend the General Plan designation and Zoning Text to allow an expanded corporate office and research development. 455 Continental Boulevard and 1955 East Grand Avenue. The proposed project is a request to amend the General Plan and the text of the Corporate Office (CO) Zone for the site at the northwest comer of Continental Boulevard and East Grand Avenue to allow an expanded corporate office / research development on the site. Also requested is a renewal, extension and expansion of the Development Agreement for the project. The request includes two parcels: The Grand Way Phase 11 parcel and the 1955 East Grand Avenue parcel. The Grand Way Phase 11 (455 Continental; parcel 3) site is 3.5 acres in size and is proposed to be developed with 300,000 square foot of research and office space within an eight -story building and a 5.75 level 715 space parking structure. A portion of the research and office space will be within the parking structure building. The 1955 East Grand Avenue site is 5 acres in size and is proposed to be developed with a total of 255,000 square feet of primarily research and office space within two four -story buildings; and a three -level 894 space parking structure. The property is located at the northwest corner of Continental Boulevard and East Grand Avenue in the Corporate Office (C -O) Zone. 1 94 II. Recommendation Planning staff recommends that the Planning Commission review the facts as contained within this report, and adopt Resolution No. 2556 (Attachment No. 1) recommending approval of Environmental Assessment No. EA -559, Development Agreement Amendment 01 -3, General Plan Amendment No. 03 -3 (Phase II parcel only), and Zoning Text Amendment No. 03 -2 (Phase II parcel only), to allow an expanded corporate office / research development on the site at the northwest corner of Continental Boulevard and East Grand Avenue. This recommendation, if adopted by the City Council, would allow development of the Phase II parcel consistent with the prior Development Agreement between the City and Mattel but would only partially grant Mattel's request with respect to the 1955 East Grand Avenue Site. Staff is recommending that the 1955 East Grand Avenue site development not be allowed to exceed the density limitation of the CO Zone. Ill. Background The following applications are proposed: 1) Environmental Assessment No. 559 (EA No. 559) California Environmental Quality Act (CEQA) - A Subsequent Environmental Impact Report is proposed for this project pursuant to the requirements of CEQA. The public review and comment period for the Environmental Document extends from September 25, 2003 to November 8, 2003. 2) Development Agreement No. 01 -3 (DA No. 01 -3) - An eight -year Development Agreement extension and Amendment is proposed to allow the developer sufficient time to build the project. 3) General Plan Amendment No. 03 -2 (GPA No. 03 -2) — A General Plan amendment is requested in order to amend the Land Use Element of the General Plan to allow the two proposed buildings to exceed the floor area ratio (FAR) permitted in the Corporate Office Land Use Designation. The proposed building on the Phase II Parcel with an FAR of 1.96, although in excess of the current FAR (0.8) for the zone, is consistent with the 2.0 FAR granted pursuant to the prior Development Agreement. The applicant requested a 1.17 FAR for the 1955 East Grand Avenue parcel and the current zoning only provides for a 0.8 FAR. 4) Zone Text Amendment No. 03 -2 (ZTA No. 03 -2) - An amendment to Section 15 -5D -7F of the El Segundo Municipal Code is required for consistency with the General Plan if the increased FAR is approved for the project. Mattel, Inc. moved to its current location from Hawthorne in 1990. Founded in 1945, Mattel has grown over the years to become the world's leading toy 2 915 company with over 30,000 employees in 36 countries. Locally, the company employs 2,000 in four locations in El Segundo. Mattel would like to consolidate many of these facilities on their main campus near the corner of Continental Boulevard and Grand Avenue. Approval of their request would permit this to occur in the next eight years. The subject properties are a part of the Mattel corporate headquarters development occupying the northwest corner of Grand Avenue and Continental Boulevard. The project includes two parcels of the four parcels that make up the total Mattel site. The Grand Way Phase II parcel (also referred to as parcel 3 of the Grand Way project; or as the 455 Continental Boulevard parcel) is part of a project originally approved in 1985. The first phase of the Grand Way (immediately south of Phase II) includes the 14 -story 300,000 square foot Mattel headquarters building, 215 -room Doubletree Club Hotel, eight level 1,132 space parking structure, and associated surface parking and employee service facilities. The 1955 East Grand Avenue parcel is currently occupied by a 55,355 square foot two -story office building and associated surface parking. The replacement building would be used for office, research and development, and conference center /assembly purposes, including Mattel's toy faire. The Grand Way project was originally approved in 1985, and included a Development Agreement assuring development opportunity for an eight -year period subject to compliance with the terms of the agreement and conditions of approval. Phase I of the project (Mattel headquarters and Doubletree Hotel) was completed per the terms of the agreement. An amended Development Agreement was approved in 1993 extending the term of the agreement for the Phase II parcel and making other minor changes. Subsequent to this action, the City of El Segundo changed the zoning of the property (and general area) from the Special Commercial (C -3) zone, to Corporate Office (CO). The most significant change that occurred with the change of zone was a reduction of the maximum Floor Area Ratio (FAR) permitted for the site from 2.0:1 to 0.8:1. The proposed project (Phase II parcel) requests approval of FAR of 1.96:1 which is above the current 0.8:1 requirement — but less than 2.0:1 standard that was required when the project was originally considered in 1985 and again in 1993. The proposed 300,000 square feet for the Phase II parcel is also consistent with what was originally approved in 1985 and re- approved in 1993. The 1955 East Grand Avenue property was not a part of the original Development Agreement, or the 1993 amendment. No prior entitlement for increased FAR has been considered for the Grand Avenue property. In 2000 a proposal to expand the Doubletree Hotel and exceed the FAR was submitted to the City and ultimately denied. The chart below outlines the development allowed by the 1985/1993 Grand Way Development Agreement, the development existing on site today, the maximum amount of development allowed by today's zoning regulation, and the amount of 3 9u development proposed. The comparative information for the Grand Way Phase I parcels is included to place the proposal in context with the remainder of the Mattel site. No change is proposed to the Phase I parcels. The Proposed Proiect Mattel, Inc. requests these approvals to allow consolidation of several facilities that it currently operates in El Segundo and throughout the country. Consolidation of the office and research & development operations will allow Mattel to conduct its business more efficiently by consolidating a number of operations into a single, integrated, corporate campus. The Phase II proposal is a continuation of the 1985 and 1993 Grand Way approvals. The current request for development of the Phase II parcel is consistent with the FAR granted under the prior approvals. However, the primary 4 97 Development Development Maximum Project proposal allowed by currently existing development 198511993 allowed by Development current C -O zone agreement ordinance .8:1 FAR Grand Way 12 -story hotel 7 -story hotel 51,609 sf No Change Phase I — parcel 1 300 rooms 215 rooms Not a part of current 193,500 sf 99, 800sf proposal Grand Way 14 -story office 14 -story office 140,660 sf No change Phase I — parcel 2 241,384 sf 316, 000 sf Not a part of current 2 -story commercial commercial proposal 73,250 sf 34, 000 sf health/fitness ctr healthifitness ctr 21,300 sf 11,300 sf TOTAL 335,898 sf TOTAL 361,300 sf i 7.5 level parking 8 level parking structure structure 1,170 spaces 1,132 spaces 127 space surface parking lot Grand Way 14 -story office Private outdoor 122,150 sf max 8 -story Phase II — parcel 300,000 sf recreation office /R &D 3 7.5 level parking 252,000 sf structure add'l 48,000 sf 1,170 spaces (300,000 sf total) office /R &D above the parking structure 715 spaces 1955 Grand Ave. Not a part 2 -story office 174,240 sf max Two 4 -story parcel of the original 55,355 sf office R &D bldgs Grand Way 373 space Total 255,000 sf project surface parking 3 level parking lot (to be structure demolished ) 894 spaces The Proposed Proiect Mattel, Inc. requests these approvals to allow consolidation of several facilities that it currently operates in El Segundo and throughout the country. Consolidation of the office and research & development operations will allow Mattel to conduct its business more efficiently by consolidating a number of operations into a single, integrated, corporate campus. The Phase II proposal is a continuation of the 1985 and 1993 Grand Way approvals. The current request for development of the Phase II parcel is consistent with the FAR granted under the prior approvals. However, the primary 4 97 office building proposed is eight -story rather than the previously approved 14- story building. The site planning of the Phase II proposal is consistent also with the prior approval, except where the circulation system is now planned to be integrated with the added 1955 East Grand Avenue parcel to create a common driveway between the properties to access Grand Avenue. The site plan for the project has been designed as a logical extension of the existing mixed -use development. The major building proposed for the Phase II site has mirror image footprint from the existing adjacent Mattel tower. While the proposed building is of lesser height (8 -story rather than 14- story), the design and materials are consistent. The Grand Avenue buildings are also of compatible design. Parking structures are organized in the center of the total site adjacent to the existing primary entry access ways. Access is provided to all parcels in the Mattel complex from an integrated roadway system with entries from both Continental Boulevard and Grand Avenue. Reciprocal access easements will be required to insure that the integrated system will be maintained in the future. Easy pedestrian entry from the parking structures to the office and R&D buildings is provided. Minimal modification to the adjacent public streets is requested to accommodate the proposal. A left -turn pocket would be added for eastbound Grand Avenue traffic entering the site. Other street improvements, mainly refurbishment of existing streets, are included within the Development Agreement. IV. Analysis Site Description and Surrounding Land Uses The proposed project is located within the northeast portion of the City of El Segundo, with convenient access to the San Diego (1 -405) Freeway and Glenn Anderson (1 -105) Freeway. This portion of the City is designated as an office and commercial region, which primarily contains the single tenant and mixed -use office buildings, as well as light industrial and research uses. To the north, south, east, and west of the site are office buildings within the Corporate Office (CO) zone. Most buildings are multi -story, ranging in height up to 14- stories, and situated within office park type settings. There are no items of cultural, historical or scenic significance in the surrounding area. There is also no significant animal habitat or biologic resource within the surrounding urban area. The surrounding land uses may be summarized as follows: 5 98 Land Use North: Office, R & D South: Office, R & D East: Office, R & D Land Use West: Office, R & D Site: Office, R & D Private outdoor recreation Proiect Alternatives and Precedent Zone Corporate Office (C -O) Corporate Office (C -O) Corporate Office (C -O) Zone Corporate Office.(C -O) Corporate Office (C -O) The Supplemental Environmental Impact Report (SEIR) includes three alternatives to the proposed project analyzing the impacts of differing project intensities; no project, reduced intensity, and per existing code. Among those alternatives is one that illustrates what would be built if the project conformed to the existing 0.8:1 FAR development standard. The Phase II parcel would in this alternative yield a 122,150 square foot building, rather than 300,000 square foot of building area. The 1955 East Grand parcel would yield a 174,240 square foot building rather than the 255,000 square foot building proposed. Impacts of this alternative were analyzed in the Draft EIR, indicating that impacts would not be substantially different from the proposed larger project. There has only been one exception for allowing an increase in the FAR above the limits in the General Plan since it was adopted in 1992. A request to allow an increased FAR was approved for a project at 888 N. Sepulveda Boulevard in 2001. In this project, the proposed building replaced an existing 12 story, obsolete, non - conforming building with a 6 story class A office building. The new building was approved to exceed the 0.8:1 FAR in the CO Zone by a small amount (1.C86 FAR) because the benefits of removing a highly visible, obsolete building and replacing it with a shorter contemporary structure was deemed to be a justifiable tradeoff. General Plan Consistency The General Plan land use designation for the site is Corporate Office. The proposed amendment to the General Plan would add language to the Land use Element to allow increased development intensity at the site locations. The paragraph within the General Plan Land Use Element addressing the Corporate Office designation is proposed to be amended as follows (staff proposed additional language is underlined; the bolded language is the change sought by Mattel but is not recommended by staff): 9� Corporate Office Permits a mixture of office and food - serving uses in single tenant or multi - tenant buildings with limited retail permitted in the lobby area. Research and development uses are permitted east of Sepulveda Boulevard. Hotels and motels are permitted east of Sepulveda and west of Aviation Boulevards with a discretionary application. The maximum allowed floor area ratio (FAR) is 0.8. A maximum FAR of 1.086 is permitted for the property referred to as 888 North Sepulveda Boulevard (Assessor's Parcel Number 4138- 005 -055), pursuant to Development Agreement No. 00 -2 (Ord. 1331, GPA 00 -2, 3120101). A maximum FAR of 1.96 is permitted for the property referred to as 455 Continental Boulevard (Assessor's Parcel Number 4138 - 007 -043), pursuant to Development Agreement No. 01 -3 (Ord. , GPA 03 -3, ZTA 03 -2, date ). A maximum FAR of 1.17 is permitted for the property referred to as 1955 E. Grand Avenue (Assessor's Parcel Number 4138- 007 -025), pursuant to Development Agreement No. 01 -3 (Ord. GPA 03 -3, ZTA 03 -2, date ). As explained above and discussed in the previous section, another FAR increase was approved for a property at 888 North Sepulveda Boulevard. In this situation, the scale of the buildings proposed is similar to those existing in the general area, and impacts to the surrounding street system can be accommodated with minor adjustment. The final conclusion will be a policy level decision. Concurrent adoption of the proposed General Plan amendment and Zoning Text Amendment will ensure consistency between the two documents, and will ensure that the proposed project is consistent with both documents. The General Plan contains a number of relevant Goals, Objectives, and Policies in the Economic Development Element. The goal of Objective ED1 -1 is building "support and cooperation among the City of El Segundo and its businesses and residential communities for the mutual benefits derived from the maintenance and expansion of El Segundo's economic base ". The benefits of the development will be shared and supported by all constituencies in the City. The proposed project also provides benefits for the applicant with important benefits for the community as a whole. Objective ED1 -2 directs diversification of the economic base "on targeted industries that meet the City's criteria for job creation, growth potential, fiscal impact and fit with local resources." The City's Economic Development Advisory Council (EDAC) prepared a list of targeted industries, which was approved by the City Council. These industries are eligible for certain financial incentives because they meet the criteria described in Objective ED1 -2. The research and development uses would be on the list of targeted industries that the City is recruiting in order to meet its diversification efforts. Therefore, the proposed 7 100 project meets the diversification criteria established in the General Plan, by the EDAC, and the City Council. Due to the City's tax structure, a significant portion of the fiscal benefit derived from most proposed development would be attributed to the number of employees in a new development. The project is proposed to consolidate a significant number of full time jobs from within El Segundo and from other jurisdictions if developed as proposed. Therefore, the project meets the job creation Objective (ED1 -2) in the General Plan. The proposed project meets the City's policy of seeking balance between enhanced economic development and available resources and infrastructure capacity (Policies ED1 -2.3 and LU7 -1.2). As adequate resources are currently available within the City to serve the proposed project, as supported by the Draft SEIR, a substantial new commitment of resources or infrastructure is not required. The project also proposes several roadway improvements to ensure that the project would not overburden the existing roadway infrastructure. Implementation of the proposed project will meet relevant goals and policies with regard to the City Land Use Element. The project would combine with existing portions of the larger Mattel / Grand Way project to provide office, research & development uses, retail uses, restaurants, and hotel uses which would "provide synergistic relationships which have the potential to maximize economic benefit, reduce traffic impact, and encourage pedestrian environments" as envisioned by General Plan Land Use Objective LU4-4. These characteristics contribute to the mixed -use nature for the project. As conditioned, the proposed office and research and development project use is a mixed -use project as envisioned in the General Plan for the property. The proximity of the existing Norwalk-El Segundo MTA Green Line stations will encourage employee utilization of this transportation facility and will provide a viable alternative to commuting by automobile. (Policies LU4 -3.2, LU4 -3.4, LU4 - 4.7, and C3 -1.2, and Objective AQ3 -1). The proposed project will be accessible by other public transit (i.e., bus service, and the MTA Blue Line). The proposed project will include landscaping throughout all project areas that will meet coverage requirements of the City (Policy LU4 -1.1 and LU4 -3.6). The proposed project will be required to have strategic safety plans and a fire life safety plan in place. All on -site utilities will be placed underground (LU7 -2.3). The ESMC requires that all health and safety Code regulations, as well as all seismic safety, water, noise, and air standards be adhered to (LU4 -1.2 and LU4 -1.4). Policies C3 -1.1 and C3 -1.5 of the General Plan require all project - related transportation impacts to be mitigated by the developer, to the extent feasible. The traffic impact study identified a number of intersections in the City that would 8 �� }� require mitigation and proposed mitigation measures to address the traffic impacts. Mitigation measures B -1, B -2, B -3, and B-4 will mitigate impacts to less than significant levels. Air Quality Element Goals AQ14 and AQ15 generally state that the City will ensure that pollution sources comply with all federal, state, regional, and local regulations, and that the City reserves the right to be more strict with development projects that these regulations require. The project would implement all feasible mitigation measures to mitigate the identified project related impacts. However, the project would contribute to significant unavoidable impacts during construction of the project and would contribute to exceeding cumulative CO standards at the intersection of Imperial Boulevard and Nash Street. Approval of a Statement of Overriding Consideration for the unavoidable significant impacts, which are due to the infeasibility of the identified mitigation measures, is compatible with the goals, objectives and policies of the General Plan Circulation Element to mitigate all impacts. The purpose of these policies was not to preclude the use of Statement's of Overriding Considerations as provided in CEQA or the approval of future developments. As described above, the proposed project is consistent with the AQMP and therefore is considered consistent with Air Quality Element Goals AQ14 and AQ15 (and related policies). The growth projected in the City's General Plan is consistent with the Regional Air Quality Management Plan (AQMP). The AQMP is based on the Southern California Association of Governments (SCAG) regional growth projections. SCAG's regional growth projections are based on the land use buildout projections of all the General Plans for cities in the South Coast Air Basin. Therefore, because the City's General Plan buildout has been included in SCAG's regional projections, the General Plan is consistent with the AQMP. Additionally, provided development within the city is consistent with the General Plan, the project is consistent with the SCAG projections and the AQMP. Implementation of the proposed project, subject to mitigation measures C -1 and C -2, which address construction hours, equipment mufflers, and construction equipment staging, will be consistent with relevant policies of the City's Noise Element (Policies N 1 -2.1 and N 1 -3.1). The subject site is designated Corporate Office on the General Plan Land Use Element. The Corporate Office designation states that office and research uses are to be constructed to a .8:1 Floor Area Ratio (FAR), but provides for special situations where exceeding the standard may be acceptable. The proposed amendment to the General Plan would add site- specific language as shown in Exhibit "A" of this resolution to allow a project with increased development intensity (FAR). The General plan amendment has been processed consistent with the regulations of Government Code §§ 65000, of seq. The modification is consistent with the plan for and uses within the surrounding area. 9 lo? Zoning compliance The following site development standards apply to new projects in the Corporate Office (C -O) Zone. CORPORATE PROPOSED OFFICE (C -O) PROJECT REQUIREMENTS STANDARDS SCENARIO Building Area 0.8:1 FAR 1.96:1 FAR (Floor Area Ratio) (Phase II site*) 1.17:1 FAR (1955 E Grand site') Building Height 200' max. 118' Phase II Site 52' 1955 Grand site Setbacks (building) Front (adjacent to Continental) 25' min. 30' min. (adjacent to Grand) 25' min. 25' min. Side (adjacent to public street) 25' min. not applicable (adjacent to interior p.l.) 15' min. 15' min. except on south p.l. of Phase II site where zero setback occurs`* Rear (adjacent to interior p.l.) 10' min. 10' min. Landscaping all setback areas all setback areas 5' around all bldgs. adjacent to street & 5' around all bldgs. Parking Spaces Phase 11 site 493 spaces 715 spaces 1955 Grand site 668 spaces 894 spaces Drive Aisles 25 foot wide 25 ft wide Loading Spaces 4 spaces each site not shown for buildings of size proposed 10 103 General Plan Amendment and Zone Text Amendment requested " The existing Development Agreement permitted a zero setback between the Phase I and Phase II towers The completed Phase I tower has been constructed with the zero setback The project as proposed does not meet two standards, FAR and side (interior) setback on the property line between Phases I and II. The zero side yard setback was approved through the original Development agreement and is proposed to be continued through the requested amendment. The proposal does request a change to the CO zoning requirement addressing FAR. The applicant is requesting an amendment to the current standard to state the following (proposed additional language is underlined; the bolded language is the change sought by Mattel but Is not recommended by staff): 15 -5D -7 (F) Building Area: The total net floor area of all buildings shall not exceed the total net square footage of the property multiplied by 0.8 or an FAR 0.8:1. Additional FAR may be granted for properties east of Sepulveda Boulevard only, with approval of a transfer of development rights (TDR) plan. A maximum FAR of 1.96 is permitted for the property referred to as 455 Continental Boulevard (Assessor's Parcel Number 4138- 007 -043), pursuant to Development Agreement No. 01 -3 (Ord. GPA 03 -3, ZTA 03 -2, date ). A maximum FAR of 1.17 is Permitted for the property referred to as 1955 Grand Avenue (Assessor's Parcel Number 4138 - 007 -025), pursuant to Development Agreement No. 01 -3 (Ord. GPA 03 -3, ZTA 03 -2, date ). The requested Zone Text Amendment is intended to maintain consistency between the Zoning Code and the General Plan. Development Agreement This application asks to extend and expand the Grand Way Development Agreement. The development agreement was originally approved in 1985, and extended for an additional eight years in 1993. On July 25, 2001, application was submitted to extend the development agreement for an additional period of time, but no action was taken until this current request. The application asks that the agreement be extended an additional eight years — ending in approximately 2011 (eight years from actual date of Council approval). Also requested is the addition of the 1955 East Grand Avenue parcel to be a part of the Development Agreement. The 1955 East Grand Avenue parcel was not previously a part of this or any other development agreement. In summary, the Development Agreement Renewal, Extension and Amendment, as recommended by staff, would grant the following vested rights to the applicant- 11 104 • Allow development of the Phase II parcel as proposed in the attached site plans under current zoning regulations for a period of 8 years. • Allow the Phase II parcel to exceed the 0.8:1 FAR development standard for density of the CO Zone by 177,850 square feet. • Allow development of the 1955 East Grand Avenue parcel for a period of 8 years. • Limit the maximum amount of development on the 1955 East Grand Avenue parcel to 0.8 FAR. It is important to note that staff is not recommending approval-of the additional FAR that is requested for the 1955 East Grand Avenue parcel. For this reason, the additional floor area is not included in the Development Agreement Extension and Amendment. The proposed Development Agreement includes several significant public benefits. The Agreement has been structured such that the number of public benefit is tied directly to how much of the proposed project is approved by the City. The following summarizes the public improvements for which the applicant would be responsible and how much of the project would have to be approved for the improvement to be required. Public Improvement =Development Threshold 1. Grinding and repaving of Approval of any amount of Continental boulevard between El development Segundo Boulevard and Mariposa Boulevard. 2. Provide Landscaping and irrigation Approval of any amount of improvements to the median island development on Continental Boulevard between El Segundo Boulevard and Mariposa Avenue 3. Construct a left turn pocket in the Approval of a GPA and ZTA to allow median island of northbound additional FAR on the 1955 East Grand Continental Boulevard at the Avenue property. intersection of Grand Avenue and Continental Boulevard While staff is not recommending the approval of the GPA and ZTA for the 1955 East Grand Avenue property, staff suggests that if the Planning Commission were to consider recommending approval of this additional development right, that the Development Agreement provides the additional public benefit to the City of the Continental Boulevard left -tum pocket. 12 10 ) Developer Fees The proposed Amendment Development Agreement also contains provisions, which requires the developer to pay all currently applicable police, fire, library and traffic mitigation fees for the Phase II development, The original Development Agreement required the payment of police, fire, and traffic fees. The police and traffic fees were already paid for the Phase II building even though it was not constructed. Thus, staff is recommending that Mattel be credited under the Development Agreement with respect to these previously paid fees and with respect to the amounts that would currently be applicable. Traffic Fee The original traffic fee equated tfL approximately $0.33/s.f. The traffic conditions have changed in the 18 years since the original DA was approved for the project. The current traffic impact fee program was development based on the traffic conditions in effect at the time the fee was adopted (1996) which identified a large number of project that needed funding to mitigate growth. If the Development Agreement amendment is granted, the Phase II project might take another 8 years to be developed, by which time traffic will have worsened in the City. The Agreement requires Mattel to pay mitigation fees more closely associated with the time in which the project will be constructed instead of a fee amount established in 1985. Based on this, staff recommends that the Phase II project be required to pay the traffic fee required of a new project. This amount is $530,334. Staff also thinks it would be appropriate to give credit to Mattel for the pro -rata share of the $237,000 already paid under the original Development Agreement that would be for the Phase II building. Since the Phase II project accounts for approximately 41% of the total floor area originally approved, the credit would be equal to 41 % of $237,000, which is $97,170. As a result, staff recommends the traffic fee be $4U,164 for the Phase II building. Police Fee Staff thinks the same approach would be appropriate for the police mitigation fees. Originally, $14,500 was paid for the entire project. $33,000 would be required today for a new $300,000 square foot building. Staff believes the developer should receive a credit of $5,945 against the $33,000, which results in a new police service mitigation fee of $27,055 for the Phase If development with a 1.96 FAR. Fire Fee A fire service mitigation fee of $0.11 per square foot of building and parking structure floor area was required in the original development agreement. $84,464 was paid for the Phase I developments. If the parking structure for Phase II were to be the same size as developed for Phase I, the fire service mitigation fee for Phase II would be approximgVAy- $70,935 by the terms of the original Development Agreement. However, since the proposed development agreement is a new discretionary action by the City, staff feels it would be more appropriate 13 106 to suggest that the current fire mitigation fee of $0.14 per square foot of building area only be required for Phase II. This amount would be $42,000 for Phase II at a 1.96 FAR. Library Fee The original Development Agreement did not require library service mitigation fees. Staff is proposing that the developer be required to pay the current library service mitigation fee of $0.03 per square foot. This amounts to $9,000 for Phase II at a 2.0 FAR. 1955 East Grand Avenue - Full Fees Recommended Since there are no existing entitlements for the 1955 East Grand Avenue building and the Developer with respect to the Site previously paid no fees, the Development Agreement requires Mattel to pay the current fees for police, fire, library and traffic mitigation fees. These fees would total approximately $427,762 if the 1955 East Grand Avenue property were approved to the requested 1.17 FAR and would be $347,570 if the property were developed to the maximum 0.8 FAR allowed in the CO Zone. With the Phase II project staff suggests that the fees would be dependant on the actual size of the project that might be ultimately approved. If additional FAR were not granted, the totals from those described above would be lower. See the Attachment No. 2 for a summary of the proposed developer fees. V. Interdepartmental Correspondence The project plans, and Draft Subsequent Environmental Impact Report were circulated to all inter - departmental staff for review, and their comments are attached to the report (Attachment No. 3). The Public Works Department offered the following comments: 1. Section 4B of the Draft Subsequent Environmental Impact Report makes reference to the CoLinty's Congestion Management plan (CMP). Recommends that the report include an analysis of CMP credits lost by the propose project (based on County CMP guidelines) and a mitigation plan to recoup the lost credits by transportation strategies as provided in the guidelines. 2. Suggest that the proposal (in the Draft Subsequent Environmental Impact Report) to modify the existing island on Grand Avenue to provide a left -turn pocket for eastbound vehicles be shown as a mitigation measure. 3. Suggest that Mitigation Measure B -2 include the fair share amount for the Sepulveda Boulevard / Grand Avenue intersection improvements. Actual costs should be determined and included as a condition in the Development Agreement. 14 1 () r; 4. Suggest that Caltrans should review the traffic impacts on the Sepulveda Boulevard intersections. In response to the first comment, staff has incorporated a condition of approval into Draft Resolution No. 2556 requiring the developer to balance the CMP credits onsite if the City is required to maintain a positive balance for CMP conformance. Currently the MTA has suspended the City's obligation to maintain a positive balance of credits while it studies the potential creation of a countywide congestion fee. If the obligation to maintain a balance were reinstated, the impact of the project on the City's existing balance of 6,624 credits would be severe. Staff estimates the full project would generate approximately 4,300 debits against the City's balance. The City has required other large projects to balance their credits on -site in order to prevent the City's CMP conformance from being jeopardized. Staff has also incorporated the comments related to the Grand Avenue median island and the improvements at the intersection of Grand Avenue and Sepulveda Boulevard into the draft conditions of approval. The Police Department submitted two corrections of the EIR. First were editorial corrections, which have been included in the most recent document. Secondly, a listing of requested conditions of approval were provided. The conditions have been included in the draft conditions of approval for the project; Exhibit D to the draft Resolution (Attachment No. 1) recommending approval of the project. Other EIR Comments The Planning Division has also received comments on the Draft SEIR from several public agencies (Attachment No. 4). As part of the Final Environmental Impact Report, responses to the comments will be prepared and presented to the City Council. VI. Environmental Review A Draft Subsequent Environmental Impact Report (Attachment No. 5) was prepared for the project by PCR (Planning Consultant Research) based on an Initial Study and applicant questionnaire prepared for the project. The City independently reviewed all work products prepared by PCR. A Notice of Preparation was circulated to interested agencies, area property owners, and interested parties. Comments received were incorporated into the DEIR document. Upon completion of the draft document, a Notice of Completion was circulated on September 13, 2003 and a 45-day review period was established from September 25, 2003 to November 8, 2003. Revisions to the Draft EIR, responses to comments received from the public by November 8, 2003, as well as written comments from the public, governmental agencies, and other interested parties during the public review period received by November 8, 2003, will be prepared and will be included in the Final Environmental Impact Report (Final EIR). As required by 15 108 law, the responses to comments received by November 8, 2003 will be distributed to the public who request a copy and all responsible agencies who comment on the Draft EIR 10 days prior to the City Council hearing on the project. The City Council action will be to determine whether or not to certify the Environmental Impact Report and adopt a Mitigation Monitoring and Reporting Program. Summary of EIR Conclusions Based on public comments in response to the Notice of Preparation and a review of environmental issues by staff, it was determined that the Draft SEIR would analyze the following environmental impact areas: traffic, air quality, and land use. The SEIR would update the project description and environmental setting of the EIR prepared for the original Phase I and Phase II project and incorporate the 1955 East Grand Avenue development into the new SEIR. The Draft SEIR concluded that all potentially significant project related impacts identified in the Draft SEIR, with the exception of short-term air quality construction impacts and cumulative eight -hour carbon monoxide (CO) standards at five intersections and one -hour CO standards at one intersection (Imperial Highway and Nash Street), are at a less than significant level due to the application of relevant City policies and regulations and the imposition of project specific mitigation measures. Table ES- 1 (page ES -6) of the Draft SEIR summarize the potential environmental impacts, the proposed mitigation measures, and the level of significance of each potential impact after mitigation. The Draft SEIR includes analysis of the amendments to the General Plan, and Zoning Ordinance, and impacts of the project proposed. Only limited significant impacts were found, with most being mitigated to a level of insignificance. Mitigation measures include: • B -1 Extend the existing Transportation Demand Management program (TDM) for Phase I of The Grand Way project to include the proposed project. This program includes a variety of employee incentives and services to achieve trip reduction goals. • B -2 To address project related traffic impacts at the Sepulveda Boulevard and Grand Avenue intersection. The mitigation measure calls for a fair share payment to move street and traffic lighting to provide room to add a second southbound left -tum lane. • B -3 Re -stripe westbound Grand Avenue at Sepulveda Boulevard travel lanes to convert one lane from a through lane to an optional through/right- turn lane. • C -1 and C -2 Mitigation measures addressing air quality issues. These would ensure that all construction equipment is properly tuned and efficiently operated to reduce air quality impacts. 16 10,E Below is a discussion of the environmental areas with significant unavoidable impacts. Construction Impacts The Draft SEIR concluded that emissions of reactive organic compounds (ROC) and nitrogen oxides (NOx) from equipment during the construction of the proposed project would exceed the daily significance thresholds established by the South Coast Air Quality Management District (SCAQMD). While all feasible mitigation measures have been incorporated to reduce the emissions to the extent possible, the SEIR concluded that a significant unavoidable impact would remain — even with mitigation. Localized Carbon Monoxide Emissions The Draft SEIR concluded that the cumulative microscale carbon monoxide (CO) effects of the approved related projects identified in the Draft SEIR, in combination with the proposed projects would be cumulatively significant for both the State one -hour and eight -hour CO "hot spot" standards. The cumulative one - hour impacts would affect only one intersection and the cumulative eight -hour impacts would affect five intersections. Therefore, there are significant cumulative impacts for CO microscale "hot spots ". However, the Draft SEIR was not able to identify any feasible mitigation measures available that would reduce these cumulative impacts. As a result, these impacts would remain significant and unavoidable. As indicated above, the Draft SEIR identifies significant project related air quality impacts that cannot be mitigated to a less than significant level. In such cases, CEQA requires that the project cannot be approved unless special findings of overriding concerns can be made by the City Council. CEQA Section 15093(a) states: "CEQA requires the decision making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of the proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable "." Unless the project is modified by the applicant to avoid the significant impacts, a Statement of Overriding Considerations must be adopted by the City Council stating the specific reasons why the project's benefits outweigh its significant environmental impacts. Staff recommends that the Planning Commission find that the overriding benefits of the project outweigh the environmental impacts and recommend to the City Council adoption of a Statement of Overriding Consideration as required by CEQA based on the consistency of the project with 17 1 L, U the General Plan as described earlier, the public improvements to the City streets and median island landscaping, the creation of approximately 1,500 to 2,000 jobs, and the other economic and social benefits that will derive to the City, and the nature of the unavoidable impacts, subject to any modifications or revisions to the project that may be included in the Final EIR. It is also noted within the DEIR that these same impacts would likely occur even if the FAR for the project was limited to current standards. The Planning Commission is requested after review of the DEIR to make a recommendation on its completeness to the City Council. The Council will receive a Final EIR including a response to all comments at its public hearing. VI. Application Findings In order to approve the project, the City Council must take certain actions related to the proposed project. The Planning Commission's responsibility is to make recommendations to the City Council related to CEQA, the Development Agreement, the General Plan Amendment, and the Zone Text Amendment. A detailed discussion of each required finding is provided below. CEQA Findings The Draft EIR was completed in compliance with CEQA; (Section 15090) A Subsequent Environmental Impact Report (SEIR) was prepared for this project pursuant to the requirements of CEQA. A Notice of Preparation of the Draft SEIR was prepared and circulated for public review from June 19, 2003 to July 19, 2003. The public review and comment period for the Draft SEIR extended from September 25, 2003 to November 8, 2003. A Notice of Completion was filed with the State Clearinghouse on September 25, 2003. 2. The Final EIR will be presented to the City Council, which will review and consider information contained in the Final EIR before approving or denying the project; (Section 15090). Pursuant to City CEQA Regulations, the Final EIR vill be prepared, distributed, and presented for City Council approval. 3. The record on which the Commission's findings are based is located at the Department of Community, Economic and Development Services, City of El Segundo, 350 Main Street, El Segundo, California 90245. The custodian of the record is the Director of Community, Economic and Development Services. (Section 15091). 4. The Planning Commission has independently reviewed and analyzed the Draft SEIR prepared for the Project. (Section 15090). This Draft SEIR is an accurate and complete statement of the potential environmental impacts of the project. The Draft SEIR reflects the independent judgment of the City. The Final SEIR will be prepared under the direction of the City of El Segundo Department of Community, Economic and Development Services and will 18 WE reflect the independent judgment and analysis of the environmental impacts and comments received on the Draft SEIR. 5. The Draft SEIR was made available for public review and comment in the time and manner prescribed by CEQA. The Draft SEIR concluded that with mitigation the proposed project would not have a significant, adverse effect on the environment, with the exception of unavoidable short-term construction air quality impacts and localized carbon monoxide emission impacts. 6. That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment. General Plan Amendment Findings 7. There are no required findings for a General Plan Amendment. However, an amendment must be internally consistent with the rest of the General Plan. The proposed General Plan Amendment is necessary to carry out the proposed project because the proposed project would exceed the density permitted by the Corporate Office land use designation in the General Plan. Zone Text Amendment Findings 8. The proposed Zone Text Amendment for the Phase II parcel is necessary to cant' out the proposed project recommended by staff in order for the Zoning Code to be consistent with the General Plan as its proposed to be revised to allow additional density for the project. An amendment to Section 15 -5D -7F of the ESMC to indicate that a maximum FAR of 1.96 is permitted for the Phase II parcels (Assessor Parcel Number 4138 - 007 -043) would insure consistency between the Zoning Code and General Plan. Development Agreement Findings 9. As set forth is Section IV above, the project is consistent with the objectives, policies, general land uses, and programs specified in the general plan. In addition, the Development Agreement would provide the following public benefits in exchange for valuable development rights (eight -year entitlement): (a) Development of a property that is currently vacant and unused. (b) Increasing and further stabilizing the City's tax base through the expansion of an existing business. (c) Increase in employment opportunities for the City's citizenry. (d) Increasing City revenues through the generation of taxes that outweigh the City cost of services. 19 112 (e) Development of a project that will increase the use of the MTA Green Line. (f) Development of a project that is consistent with the elements of the General Plan. (g) Repaving of Continental Boulevard from El Segundo Boulevard to Mariposa Avenue, saving public resources for other uses. (h) Improved landscaping and irrigation for the median island on Continental Boulevard between El Segundo Boulevard and Mariposa Avenue. (i) Contribution of approximately $511,219 in police, fire, library, and traffic mitigation fees to offset the impacts of the project on public services. 10. The project is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. The proposed use and development standards are similar and compatible with the existing uses and standards permitted in the CO zoning on the property except as provided in the Development Agreement. 11. The project is in conformity with the public convenience, general welfare and good land use practice, as described in Section IV above. The project would facilitate constructing public improvements. The project would also be designed to support and encourage public transportation uses and help solidify the CO Zone as a center for corporate headquarters contribute by enabling Mattel to consolidate some of their facilities onto their corporate headquarters campus. 12. The project will not be detrimental to the health, safety and general welfare. As established in Section V of this report, the proposed project will not create any negative environmental impacts, with the exception of construction and cumulative carbon monoxide air quality impacts. The City Council is responsible for determining if there are overriding considerations, which outweigh the identified unavoidable environmental consequences of the project. 13. The project will not adversely affect the orderly development of property or the preservation of property values. The proposed Development Agreement Amendment and Extension will ensure that the project will be developed in an orderly fashion. All mitigation measures will be implemented at the time and place impacts occur. VII. Conclusion The proposed project requests to amend the General Plan and Zoning Code to allow two exceptions to the density standards for the Corporate Office Zone established in 1992 when the General Plan was adopted. Briefly, staff has come to the conclusion that only one of the amendments is justified. 20 113 Staff recommends that the General Plan Amendment and Zone Text Amendment be approved for the Phase II property to allow the development of a 300,000 square foot research and development building that would exceed the 0.8 FAR. This project was part of the original development agreement approved in 1985 and has been planned by Mattel to be the home for other local facilities to be consolidated from other leased buildings. The community has known for a long time that this project was approved and Mattel has planned future growth in El Segundo with this building in mind. Staff has also factored in the full development of the Phase 11 project into the environmental reviews of other projects (e.g., El Segundo Corporate Campus, Los Angeles Air Force Base) under the assumption that it would be at some point in time. Thus, the impacts of the density of the project have been taken into consideration already. The project was already approved when the General Plan reduced the potential density in the area. Staff thinks Mattel deserves more time to accomplish its planned consolidation of facilities onto its headquarters. It is important to note that the building met density standards at the time it was approved. Only subsequent rezoning of the property by the City reduced the maximum building size that would be permitted in the zone. Mattel has also agreed to the provisions of the proposed amended Development Agreement that would also provide additional benefits to the City, beyond those originally part of the project. Mattel would be responsible for repaving Continental Boulevard, re- landscaping the median island in Continental Boulevard and paying an additional $511,219 in police, fire, library, and traffic mitigation fees. Staff feels these are substantial public benefits from the project and will help offset the impacts created by a project that would exceed the FAR in the zone. However, staff does not find the same level of justification to warrant support for Mattel's application to exceed the 0.8 FAR standard for the building at 1955 East Grand Avenue. This building was not part of the original Development Agreement or part of Mattel's original corporate headquarters. There are no pre - existing entitlements for the project, which Mattel had been counting on for their expansion plans. While staff is supportive of Mattel's long -term growth and expansion goals, staff is concerned that granting the FAR increase for the 1955 East Grand Avenue building would contradict the intent of the General Plan to manage new growth in the CO Zone. The City Council has only once approved a General Plan Amendment to allow density greater than the rest of the zone. In that case, the actual density on site (888 N. Sepulveda Boulevard) would be reduced from the existing density, even though a new replacement building would exceed the FAR. With the 1955 East Grand Avenue building, it is not a vacant obsolete building that would be replaced with a smaller building. The proposed building would be almost four times the size of the existing building. Lastly, staff understands and appreciates the logistical benefits of Mattel's planned toy faire operation for this building. However, the potential benefits for the community from this proposed expansion do not outweigh the reasons that support the recommendation previously stated. 21 11,E Staff has prepared the draft Resolution and Development Agreement based on the recommendation that the additional density be denied for 1955 East Grand Avenue. Should the Commission recommend approval of the amendments for this building, staff will revise the documents to reflect that action. Based on the analysis contained in this report, staff recommends that the Commission adopt Draft Resolution No. 2556 recommending that the City Council approve Draft Subsequent Environmental Impact Report of environmental impacts (Environmental Assessment No. EA -559); and recommending approval of General Plan Amendment No. 03 -2 for the Phase II property only, Zoning Text Amendment No. 03 -2 for the Phase II property only, and Development Agreement 01 -2 subject to the conditions contained therein. VII. Attachments E -Exhibit 2. Summary of Developer Fee Calculations -4. Pu 5. Draft Subsequent Environmental, Impact Report — the full DEIR was distributed previously. The executive summary is attached. 6. Project Application and attachments 7. Plans 2 Paul Garry, Acting Planningl Manager A Ja es M. Hansen, DiKectdr of Community, Economic and Development Services PAPlanrnng & Budding Safety\PROJECTS \551- 575\EA- 559\EA- 559.sr 11- 20- 03.doc 22 115 C Z Q1 C Z V t0 Q Y m 00 N N m A C OI t7 N N UI N m A O C N N x �w' LL 0 N � Y x Q T N Q O m U Q N A m f b A A N f b N NZ LLI U N d O � M N ry N N O CL v e m S2 v = m ' c Q M N i, n o ?+ m Y Y1 N Qt L L a N N M N N N 0 p Q O n N 0 O m A c of Q N N vi n N m A C N N x w N � H '0 3 Y e v N m a C 0 E E h N s c Ct m A N o0 CL N Q 00 CL OI 44 PI r OI N Z LL h f b m t7 N 01 O f L ° a 9 N N N M N O y O O O O A O Iq t0 N N O b {7 A 00 t7 f � v n w 0 o � O a m � C N N N N N N d N p O V Z LL� m O O O O v f b 0 C N N N N M O O 01 f n Y M t M CL ah N N N N M G U f a M N N m O n m n m � m m O 0 O c '0 0 CD m a o O U N c O o U N c Z O a a v v n e A n a °' c 0 = N N 0 Z M N m z a LL C m c o v ID m a m 0 m so 8� �g E a � O N O E 5 L n 0 b g� wa c m p N p e b c i io a m m m m u aaa o� v v T m N �Nryp 0 0 m D L O V v u m � � p m LL LL 0 0 U L Mm � La � �a, n8 68 00 CL a 116 EXECUTIVE SUMMARY INTRODUCTION In accordance with CEQA Guidelines §15123, this Chapter of the Subsequent Environmental Impact Report (Subsequent EIR) provides a brief description of the project; identification of significant effects and proposed mitigation measures or alternatives that would reduce or avoid those effects; areas of controversy known to the lead agency; and issues to be resolved including the choice among alternatives and whether and how to mitigate the significant effects. PROJECT DESCRIPTION The proposed project consists of the build out of Phase II of The Grand Way Project at 455 Continental Boulevard with 300,000 square feet of research and development and office floor area as well as a parking structure with a minimum of approximately 715 spaces. The City originally approved a Development Agreement for The Grand Way Project in 1985. In 1993, an Amended and Restated Development Agreement for Phase II of the project was approved. The project proposes to extend the terms of this Development Agreement. In addition, the Development Agreement would be amended to incorporate the redevelopment of the 1955 East Grand Avenue property, which is located immediately to the west of Phase H. The redevelopment of the 1955 East Grand Avenue property would result in a net increase of approximately 200,000 square feet of office floor area. The proposed project would permit Mattel to consolidate operations currently conducted in a number of leased facilities located elsewhere in the City of El Segundo and would allow Mattel to expand its City of El Segundo facilities by relocating to the City of El Segundo other aspects of Mattel's operations that are currently conducted in a number of other cities throughout the country'. The proposed consolidation and expansion would permit Mattel to manage its businesses more efficiently by combining a number of operations into a single, integrated, corporate campus. Phase II of The Grand Way Project would include a total of 300,000 square feet of floor area, consisting of 225,000 square feet of R &D floor area and 75,000 square feet of office floor area. Approximately 252,000 square feet would be located within an eight -story, 118 -foot high building located adjacent to the existing 14 -story tower. In addition, a 5.75 -level parking structure with a minimum of approximately 715 spaces would be developed adjacent to the existing parking structure; the top 1.25 levels would contain approximately 48,000 square feet of R &D and office space. The parking structure/R &D and office building would be up to 82 feet in Phase 11 of The Grand way Project and 1955 East Grand Avenue SCH No. 2003061104 City of El Segundo September 2003 Page ES -1 117 Executive Summary height. Access to the parking structure would be provided from Continental Boulevard and Grand Avenue, and the internal driveway would also provide circulation to the adjacent parcels that were part of Phase I of The Grand Way Project. Phase II of The Grand Way Project would have a floor area ratio (FAR) of 1.96:1. — The existing two -story, 55,355- square foot office building at 1955 East Grand Avenue _ would be demolished. Two new buildings containing a total of 255,000 square feet of office space, or a net increase of approximately 200,000 square feet, would be developed along the western property boundary of the 5 -acre property. The proposed FAR on this parcel would be 1.17:1, which would exceed the existing maximum allowable floor area for the site by _ approximately 80,760 square feet of office use. Each of the buildings would be a maximum of 4 stories and up to 52 feet in height. A three- level, 26 -foot high parking structure (two levels plus rooftop parking), with a minimum of approximately 880 parking spaces, would be constructed adjacent to the buildings on the eastern portion of the site. Vehicular access to the site would be _ from Grand Avenue. In order to facilitate vehicular access, the applicant proposes to provide internal circulation between the 1955 East Grand Avenue property and Phase I/Phase II of The — Grand Way Project property. The existing curb that partially separates the two properties would be eliminated to create one driveway providing access to the proposed parking structure on the _ 1955 East Grand Avenue property and the different uses on Phase I and Phase II of The Grand Way Project sites. In addition, although the queues are not anticipated to be of significant length, the applicant proposes to modify the existing island on Grand Avenue to provide a left -turn pocket at the shared driveway into both the 1955 East Grand Avenue property and the Phase I and Phase II of The Grand Way Project sites. AREAS OF CONTROVERSY AND ISSUES TO BE RESOLVED 7 I According to CEQA Guidelines §151123(b)(2), the Executive Summary of an EIR shall identify potential areas of controversy and issues to be resolved by the decision- makers. j Generally, these include those areas where a significant unavo:dable impact has been identified as well as areas where concerns have been raised, primarily through the Notice of Preparation _ process, indicating a level of controversy. The project, as proposed, requires a General Plan Amendment and a Zone Text Amendment for Phase H of The Grand Way Project. Since the adoption of the original Development Agreement for The Grand Way Project, the FAR allowed under the General Plan was reduced from 2.0:1 to 0.8:1. Thus, while no additional square footage is being sought for Phase II of The Grand Way Project, it has an FAR of 1.96:1 and a General Plan Amendment and a Zone Text Amendment are being requested to ensure consistency between the General Plan/Zoning and the extension of the Development Agreement. Also, the proposed buildings at 1955 East Grand Avenue would exceed the allowable FAR of 0.8:1. The project proposes a Phase 11 of The Grand Way Project and 1955 East Grand Avenue SCH No. 2003061104 City of El Segundo Scptember 2003 Page ES -2 118 Execunve Summary 1.17:1 FAR on this property. Accordingly, a General Plan Amendment and a Zone Text Amendment are also required for this portion of the project site. The City Council of El Segundo must determine whether the General Plan Amendment and the Zone Text Amendment for both properties should be approved. The project would result in a significant regional air quality impact during construction and a significant cumulative air quality impact during project construction and operation. While mitigation measures would reduce construction emissions to the degree technically feasible, the project would result in a significant unavoidable regional air quality impact during construction. Given that the project has a short-term construction impact for ozone precursors (ROC and NOJ and that the South Coast Air Basin is non - attainment for ozone (i.e., the Basin fails to meet the standards for ozone), the project would contribute to a significant cumulative construction air quality impact. In addition, the project would contribute to a cumulative impact based on an exceedance of the one -hour standard at the intersection of Imperial Highway and Nash Street under the possible two -way roadway configuration. The cumulative impacts are due largely to the high ambient background concentration projected by the South Coast Air Quality Management District (SCAQMD) for the El Segundo monitoring area. While project mitigation for traffic, such as the implementation of a Transportation Demand Management (TDM) program, would help to reduce the vehicle trips, there are no further mitigation measures to reduce the cumulative impact to a less than significant level. Therefore, the project would contribute to a significant unavoidable cumulative local air quality impact. ALTERNATIVES The CEQA Guidelines require an EIR to "describe the range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen-any of the significant effects of the project, and evaluate the comparative merits of the alternatives." The CEQA Guidelines direct that selection of alternatives be guided by a "rule of reason" that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice. As described in detail in Section 5.0, Alternatives, of this Subsequent EIR, three alternatives to the project were identified, including a No Project/Existing Development Alternative, Development in Accordance with Existing Regulations Alternative, and a Modified Intensity Alternative. Based on an analysis of these alternatives, an environmentally superior alternative is identified. The three identified alternatives, as well as the identified environmentally superior alternative, are summarized below. No Alternative site was identified for the project because alternative locations would not fulfill the purpose or meet the project objective of completing Phase II of The Grand Way project and consolidating and expanding Mattel's corporate headquarters within the City of El Segundo. Phase 11 of The Grand Way Project and 1955 East Grand Avenue SCH No. 2003061104 City of El Segundo September 2003 Page ES -3 Executive Summary No Project/Existing Development Alternative: Under the No Project/Existing Development Alternative, the proposed project would not be constructed, and the existing interim, private recreational uses would remain on the Phase II portion of the site and the existing office building would remain on the 1955 East Grand Avenue property. _ Development in Accordance with Existing Regulations Alternative: Under the Development in Accordance with Existing Regulations Alternative, the entire site would be developed at a 0.8:1 FAR. Assuming the same mix of floor area as the project, the Phase Il portion of the site would be developed with approximately 91,610 square feet of research and _ development and 30,540 square feet of office floor area, for a total of approximately 122,150 square feet of floor area. The 1955 East Grand Avenue property would be redeveloped with a total of approximately 174,240 square feet of office floor area. Thus, the Development in - Accordance with Existing Regulations Alternative would result in a total of 296,390 square feet, of which approximately 91,610 square feet would be occupied by research and development uses and approximately 204,780 square feet would be occupied by office uses. — Modified Intensity Alternative: Under the Modified Intensity Alternative, Phase II — would be developed in accordance with the extension of the Development Agreement and the 1955 East Grand Avenue property would be redeveloped at a 0.8:1 FAR. The Phase II portion of the site would be developed with 225,000 square feet of research and development and 75,000 square feet of office floor area. The development would be the same as the proposed project, with an 8 -story tower and a parking structure. The redevelopment of the 1955 East Grand _ Avenue property with a 0.8:1 FAR would result in a total of 174,240 square feet of office floor area, or a net increase of 118,885 square feet above what is currently developed at that location. Under the Modified Intensity Alternative a total of 225,000 square feet of research and — development and 193,885 square feet of office floor area would be developed on the project site. Environmentally Superior Alternative: The No Project/Existing Development Alternative would involve no change to the environment and is, therefore, considered environmentally superior overall. However, the No Project/Existing Development Alternative — would not allow for the build out of Phase II of The Grand Way Project, which was originally _ approved in 1985 and amended in 1993 with the Amended and Restated Development Agreement. The No Project/Existing Development Alternative would not provide for infill — development within proximity to public transit. In addition, this Alternative would not support the City's Economic Development goals to expand the City's tax base. In accordance with the CEQA Guidelines requirement to identify an environmentally superior alternative other than the No Project Alternative, a comparative evaluation of the - remaining alternatives indicates that the Development in Accordance with Existing Regulations Alternative would be environmentally superior. Although this Alternative would result in reduced traffic and air emissions, as with the proposed project, impacts associated with air Phase 11 of The Grand Way Project and 1955 Fast Grand Avenue SCH No. 2003061104 City of El Segundo September 2003 Page ES-4 12� Execunve Summary emissions would remain significant. However, the Development in Accordance with Existing Regulations Alternative would not achieve certain project objectives and other objectives would not be met to the same extent as with the proposed project. The reduction in the amount of — square footage would not fully provide for the consolidation of Mattel facilities from other areas of the City and would not provide for the creation of efficient corporate headquarters. In 1 addition, the Development in Accordance with Existing Regulations Alternative would not locate — the intensity of development within an area that is well served by public transit. SUMMARY OF IMPACTS AND MITIGATION MEASURES Table ES -1 on page ES -6 presents a summary of the environmental impacts associated with the proposed project, the mitigation measures that would reduce or avoid those effects, and the level of significance of the impacts following implementation of the mitigation measures. 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A u y E y o � i z� _ V LQ y tu m A m u 3 >, >s s 0D u = a o0 3 v 0 v u ca s� c ca u ° u a o= .= = 0' 00 O X C.. r. O x NO b co O a> >, " u "' r' E �a A 'd 3 rL r 9L a, ... •y Q L Q � � � � y V x ,� .:t �a Gn R u S 3= R u a. m 0 3 u s a, o R >' Cc °-u° w .5 3° ° z o o c x o E cc ° 'o c > o .� cc v a>i on v] o u c v o u °A_° o_0 3s-Os a3 0- OD u - cc s > S i > ° Z C L r U �O to � F. u. C e0 C y N of M cpi U a 7 7 3 O w GJ O 7 4. p,' 3.5 AZm u° v Fs- °aa°c n. a v 0 0 F V Q 0 V m rn m 0 U LL1 u co C. 127 City of El Segundo COMMUNITY, ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT 350 Main Street El Segundo, CA 90245 (310) 322 -4670 y S g J- 3 FAX (310) 3224167 APPLICATION FOR A DEVELOPMENT AGREEMENT Date: '7 I Z 5/01 The Applicant Mattel, Inc. 333 Continental Blvd., El Segundo, CA 90245 Name Address . (Applicant must have legal or equitable interest In the real property. Attach evidence.) (If not owner, a written statement from owners stating they are aware of this application.) Mattel, Inc. 333 Continental Blvd., El Segundo, CA 90245 (310) 252 -2000 Owner's Name Address Phone Property Situated at See attached Exhibit A (Exact legal description. If legal description is by metes and bounds, attach a copy.) General Locations: 455 Continental Blvd. between Grand Ave. and Mariposa Address and Street~ Avenue Street, Avenue Existing Zoning: CO Existing General Plan /Specific Plan: Corporate Office REQUEST: Under the provisions of City Council Resolution No. 3268 and Government Code Sec. 65864 - 65869.5, application for consideration of a Development Agreement for the above described property. 1. Describe the proposed project in its entirety. Include information on the type of construction proposed, materials to be used, and type of uses involved (i.e., bank, general office, restaurant, etc.). Provide details on square footages, heights, number of stories, number of parking spaces etc. Requesting an extension of a previously approved amended development agreement (Ordinance 1204). The project consists of an office and research 8 development building with a maximum height of 14 stories and parking structure with approximately 600 spaces and maximum MANX height of 8 stories. 1 6 JUL 2 6 2001 • l,fi,ll�•i - 128 OWNER'S AFFIDAVIT l,(We) Mattel, Inc. the undersigned, depose and say that (I am/We are) the OWNERS) of the property involved in this application and that I(we) have familiarized myself(ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information on all documents and plans attached hereto-are in all respects true and correct to the best of my /our knowledge and belief. ✓ r 2.r Signature Date ,19 Signature Date AGENT AUTHORIZATION I hereby authorize to act for me in all matters relevant to this application. I understand that this person will be the exclusive contact on the project and will be sent all information and correspondence. Owner's Signature AGENT AFFIDAVIT I,(We) the undersigned, depose and say that (I am/We are) the AGENT(S) of the property involved in this application and that I(we) have familiarized myself (ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information on all documents and plans, attached hereto are in all respects true and correct to the best of my /our knowledge and belief. ,19 Signature Date 19 Signature Date 3 JUL 26 2001 -- 129 The Applicant 350 Main Street El Segundo, CA 90245 City (310) 524-2344 of El Segundo FAX (310) 322 -4167 COMMUNITY, ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT -ss-:� J 6A of 3 APPLICATION FOR A DEVELOPMENT AGREEMENT Date: O Mattel, Inc 333 Continental Boulevard (310) 252 -2000 Name Address Phone (Applicant must have legal or equitable interest in the real properly. Attach evidence.) (If not owner, a written statement from owners stating they are aware of this application.) Same Owner's Name Address Phone Property Situated at Continental Property: Lot 3 of Parcel Map 16854, in the City of El Segundo, County of Los Angeles, State of California, recorded on October 11, 1985 in Book 181, pages 52 and 53 of Parcel Maps in the Office of the County Recorder of Said County and Grand Property: Lot 1 of Parcel Map 10335 in the City of El Segundo, County of Los Angeles, State of California, recorded in Book 94, pages 96-97 of Parcel Maps in the Office of the County Recorder of Said County. (Exact legal description. If legal descnption is by metes and bounds, attach a copy.) General 1955 East Grand Avenue & 375 Continental Locations Boulevard between Continental Boulevard & Sepulveda Boulevard Address and Street, Avenue Street, Avenue Existing Zoning CO — Corporate Office Existing General Plan /Specific Plan Corporate Office REQUEST Under the provisions of City Council Resolution No 3268 and Government Code Sec. 65864 - 65869.5, application for consideration of a Development Agreement for the above described property. (�E C EBa °Ljl I� JUN 2 41003 616931 OULA h:S3'_5- 00216- 2U- 03,gaw�gaw 1 r•V� �. ��� 130 Describe the proposed project in its entirety. Include information on the type of construction proposed, materials to be used, and type of uses involved (i.e., bank, general office, restaurant, etc.) Provide details on square footages, heights, number of stories, number of parking spaces etc 2 Provide a detailed explanation of how the proposed project is consistent with the goals, objectives, policies, and programs specified in the General Plan and any applicable Specific Plan Specifically reference the applicable General Plan and Specific Plan sections 3 Describe how the proposed project is compatible with the uses and regulations prescribed for the zoning district in which it is located 4 Describe how the proposed projects' design would be compatible and integrated with, and not be detrimental to, existing development on adjacent and surrounding neighboring properties Submit a scaled site plan showing the location and dimensions of all existing and proposed buildings, dimensions of the property, abutting streets, utilities, easements, ingress and egress, parking areas, loading area, landscaping, etc, along with elevations, sections, floor plans, etc., of all existing and proposed buildings and structures. (See Plot Plan Checklist) 6 Attach the proposed Development Agreement The Development Agreement shall include the duration of the agreement, permitted uses of the property, density or intensity of use, maximum height and size of all buildings, and provisions for reservation or dedication of land for public purposes. OWNER'S AFFIDAVIT I, We the undersigned, depose and say that (I am/We are) the OWNER(S) of the property involved in this application and that I (we) have familiarized myself (ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information on all documents and plans attached hereto are in all respects true and correct to the best of my /our knowledge and belief 1/6 20 e Dahe Signature 20 Date M6971 01/LA 2 131 M6971- 004/6- 19- 03igaw /cg AGENT AUTHORIZATION I hereby authorize Qc Pk-r ZLlr r. j2it.l to act for me in all matters relevant to this application I understand that this person will be the exclusive contact oh the project and will be sent all information and correspondence Owners S AGENT AFFIDAVIT I, We 77a 77ZLG& P{ Q i0 f the undersigned, depose and say that (I am/We are) the AGENT(S) of the property Involved In this application and that I (we) have familiarized myself (ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information on all documents and plans.attached hereto are in all respects true and correct to the best of my /our knowledge and belief Signature �— 6- /'? , 20 03 Date ,20 Signature Date Procedures for filing aoDlication: 1 File completed application with the Planning Division along with completed Initial Study Applicant Questionnaire. Signature of the ownerlowners, lessee (if applicant), and /or agent shall be required on all applications. 2 Provide all information, drawings and other materials as indicated on the Notice to Applicants. 3 Pay filing fee (See fee schedule). 4 Applicant and affected property owners will be notified of time of hearing. 5 Applicant should be present at the hearing and may offer additional evidence to support his /her request. 6 There shall be an additional fee for filing an appeal Planning Staff: Date received E.A. SS`% Signature: D.A. L) ll3 616931 OULA M697 ] - 004 /6- ] 9- 03/gaw cg 3 132 Attachment A Application for Development Agreement Mattel, Inc. 1. Describe the proposed project in its entirety. Include information on the type of construction proposed, materials to be used, any type of uses involved. Provide details on square footages, heights, number of stories, number of parking spaces, etc. The project applicant, Mattel, Inc. ( "Mattel "), proposes to extend the existing Development Agreement for its property located at the northwest corner of Continental Boulevard.and Grand Avenue in the City of El Segundo (the "City "). As part of such extension, Mattel has also applied for a General Plan amendment and a zone text amendment to develop approximately 200,000 square feet of additional research and development ( "R &D ") and office floor area on the property owned by Mattel at 1955 Grand Avenue (the "Grand Property") adjacent to its existing corporate headquarters facilities. The extension of the Development Agreement would permit Mattel to preserve its rights to develop Phase II of its corporate campus, generally consistent with the project approvals granted by the City in 1985 and in accordance with the Development Agreement as amended in 1993 (the "Original Project "). Phase I of the Original Project, consisting of a hotel, office tower and parking structure, was completed in 1988. Mattel's worldwide corporate headquarters occupy the existing office tower and use the existing parking structure. Phase II of the Original Project would consist of approximately 300,000 square feet of new R &D and office floor area and a new parking structure containing a sufficient number of parking spaces to retain a ratio of two spaces per 1,000 square feet of R &D space and a ratio of 3.5 parking spaces per 1,000 square feet of office space not related to the R &D uses on an approximately 3.5 acre site. The construction involved will be Type I and will utilize a concrete or steel frame structure. The site for the Phase II improvements is currently occupied with private recreational facilities and landscaping that incorporates Mattel's company logo. These improvements were developed as, and are considered to be, interim uses in recognition of the prior- approved Phase II development. Mattel also proposes to amend the existing Development Agreement to include the Grand Property which is approximately five acres in site area and is currently developed with a two story building containing approximately 55,000 square feet of R&D and office floor area. The remainder of the Grand Property is utilized as a surface parking lot containing 373 parking spaces. Development of the Grand Property would involve demolition of the existing building and construction of two 61'283 03,1A M5325_o02,h_18_03,cpcg 133 new four story buildings (with maximum height of 52 feet) with a total of 255.000 square feet of office space and a two level parking structure (two levels with rooftop parking) with approximately 894 parking spaces. The construction involved will be Type I and will utilize a concrete or steel frame structure. Development of Phase II of the Original Project and development of the Grand Property are collectively referred to herein as the "Project." The proposed Project will serve to maintain and expand Mattel's corporate campus, which would allow Mattel to consolidate operations currently conducted in a number of leased facilities located elsewhere in the City, and to relocate to the City other aspects of its operations that are currently conducted in a number of other cities throughout the country. The proposed consolidation and expansion would permit Mattel to manage its businesses more efficiently by combining a number of operations into a single, integrated, corporate campus. 2. Provide a detailed explanation of how the proposed project is consistent with the goals, objectives, policies, and programs specified in the General Plan and any applicable Specific Plan. Specifically reference the applicable General Plan and Specific Plan sections. The proposed Project is consistent with the goals, objectives, policies and programs of the General Plan. Development of the Project is a natural extension of Mattel's existing headquarters facilities; therefore, the Project will only serve to enhance the surrounding properties by complementing existing structures with compatible structures and identical uses. As discussed above, the proposed Project will also make it possible for Mattel to consolidate its corporate operation entirely within the City, which use is precisely the type of use contemplated in the General Plan within the CO zone. Goal LU4 of the General Plan is to "provide a stable tax base for the City through development of new commercial uses, primarily within a mixed- environment, without adversely affecting the viability Downtown." Under this goal, one of the objectives is to "provide for new office and research and development uses." Objective LU4 -3. The proposed Project helps meet this objective because it will ensure that Mattel has the ability to expand and consolidate its corporate operation within the City. Consolidation of Mattel's operations in the City meets the City's goal of creating additional office and R &D uses for the City, which in turn contributes toward providing a stable tax source for the City from a responsible and reputable business. Consequently, development of the Grand Property is suitable and consistent with the goals and objectives of the General Plan. 3. Describe how the proposed project is compatible with the uses and regulations prescribed for the zoning district in which it is located. 617283 03 /LA 134 M5325- 002 /6- 18- 03,cgicg -2- The proposed Project is compatible with the uses and regulations prescribed for the CO zone. The CO zone permits a number of corporate office uses, including general office and research and development. The purpose of the CO Zone is to: ".. . provide consistency with and implement policies related to those locations which are designated corporate office on the General Plan ... This zone is intended to provide for the development of office projects..." The proposed Project furthers the purpose of the CO zone because it provides office use in the City in a location that is zoned for such use and that is immediately adjacent to Mattel's existing corporate headquarters facilities. In addition, with the exception of the proposed Floor Area Ratio ( "FAR ") for the Grand Property, the proposed Project meets or. exceeds all requirements of the CO Zone. Mattel has separately applied for a General Plan and a zone text amendment to increase the maximum allowable FAR of the Grand Property from 0.8:1 to 1.17:1. However, even with the minor adjustment to the FAR, the proposed development is compatible and consistent with the uses and regulations of the CO Zone; the Project is an ideal use of currently underutilized property. 4. Describe how the proposed project's design would be compatible and integrated with, and not be detrimental to, existing development on adjacent and surrounding neighboring properties. The proposed Project's design would not be detrimental, in any way, to the surrounding properties. The Project is immediately adjacent to Mattel's current corporate headquarters and the Double Tree Club Hotel, both of which were constructed as part of Phase I of the Grand Way Project. The construction and design of the proposed Project will only benefit the surrounding properties because it will permit the expansion of Mattel's corporate park in a manner that is consistent and compatible with the adjacent structures. An added benefit of such expansion is that Mattel's growth will generate increased business for the Double Tree Club Hotel and generate increased tax revenue for the City The proposed Project is simply an extension of Mattel's existing headquarters and is in no way detrimental to the surrounding properties. 5. Submit a scaled site plan showing the location and dimensions of all existing and proposed buildings, dimensions of the property, abutting streets, utilities, easements, ingress and egress, parking areas, loading area, landscaping, etc., along with elevations, sections floor plans, etc., of all existing and proposed buildings and structures. (See Plot Plan Checklist) ATTACHED 6. Attach the proposed Development Agreement. The Development Agreement Shall include the duration of the agreement, permitted uses of the property, density or intensity of use, maximum height and size of all buildings, and provisions for reservation or dedication of land for public purposes. ATTACHED 617283 03 11.A h15325- 002 /6- I8- 03icpvcg -3- 135 The Applicant: COMMUNITY, ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT 350 Main Street El Segundo, CA 90245 (310) 524 -2344 FAX (310) 322 -4167 APPLICATION FOR A GENERAL.PLAN AMENDMENT -- PROJECT NO. 64-55-7 ' 4A 0)—J Date: Leto k3 Mattel, Inc 333 Continental Boulevard (310) 252 -2000 Name Address Phone (Check One) Owner X Lessee Agent Property Owner: Same Name Address Phone Property Situated at: Lot 1 of Parcel Map 10335 in the City of El Segundo, County of Los Angeles, State of California, recorded in Book 94, pages 96 -97 of Parcel Maps in the Office of the County Recorder of Said County (Exact legal description. Provide attachment If necessary) General Location: 1955 East Grand Avenue between Continental Boulevard and Sepulveda Boulevard Address or Street/Avenue Street/Avenue Street/Avenue Existing General Plan Land Use Designation: Corporate Office Describe the proposed amendment and /or proposed land use redesignation that is requested with this application 2 Does public necessity require the proposed amendment and/or proposed land use redesignation? (Fully explain your answer, considering the surrounding properties as well as the subject property) 3 Is the property Involved in the proposed land use redesignation and /or amendment more suitable and consistent with the purposes, objectives, goals and policies, of the applicable General Plan Elements than the present designation'? (Answer completely Give all reasons for your answer and specifically cite applicable General Plan sections) D E C E O V/ E n U, 616819 012A JUN 2 0 2003 M5325- 002 /6- 20- 03igawigaw 1 PLANNING DIVISION 136 4 Would the use(s) permitted by the proposed land use redesignation and /or amendment be detrimental in any way to the surrounding properties? (Explain reasons supporting your answers ) Are there any deed or other restrictions concerning the type and class of uses on the property involved > If so, give expiration date of the restrictions and attach a copy of the restrictions 6 Explain how the proposed redesignation and /or amendment would be Integrated, Internally consistent and compatible with all of the Elements of the General Plan, as a whole (Cite specific applicable General Plan sections ) OWNER'S AFFIDAVIT 1, We gobeT ; Y orry)t o being duly sworn depose and say that I/We am the Owner of the property involved in this application and that I /we have familiarized myself (ourselves) with the rules and regulation(s) of the City of El Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information on documents and all plans attached hereto are in all respects true and correct to the best of my/our knowledge and belief 11'�'— 6',/ Q 20 Si nat Dafe STATE OF CALIFORNIA, ) County of Los Angeles ) ss On this .11? *' day of U 2 2015!� before me, the undersigned Notary Public in and for said County and State, personally appeared O r + M rM d -P known to me to be the person whose name subscribe to the within instrument, and acknowledged to me that he/she executed the same _ �w►t ewa WITNESS my hand and official seal w "W"I a iwr AMO — AGENT AUTHORIZATION in and for said County and State I hereby authorize PA- T1110F, to act for me in all matters relevant to this application I understand that this person will b the exclusive contact dn the project and will be sent all information and correspondence Owner' nature AGENT AFFIDAVIT I, We TEAT rZRrc K Pt 2 it being duly sworn depose and say that I/We am the AGENT of the property involved in this application and that I /we have familiarized myself (ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information on documents and all plans, attached hereto are in all respects true and correct to the best of my /our knowledge and beAZs� ���G 6— /q ,2• 03 Signature Date b 16879 01 fLA M6971- 004 /6- 6- 03igaw -mdm 2 137 STATE OF CALIFORNIA, ) County of Los Angeles ) ss On this day of � 4- -� _ 20C bore me, the undersigned Notary Public in and for said County and State, personally appeared known to me to be the person whose name su6scribe to the within instrument, and acknowledged to me that he/she executed the same WITNESS y hand'and pa6 ,4;;;225 ,Wic - CaHfomla Los Angeles Courny '��" MyComm.E�p�sIN�T3.�1 Procedures for filing application "Notary Public in and for said County and State File application properly completed in the office of the Planning Division Signature of the owner, owners, lessee, and /or agent shall be notarized before a Notary Public 2 Applicant shall provide all information, drawings and other materials as requested by the Planning Division Pay filing fee Applicant and affected property owners will be notified of time of hearing Applicant must be present at the hearing and may offer additional evidence to support his /her request 6 There shall be an additional fee for filing an appeal Planning Staff: Date received. %f ;D / '03 Signature: y = 616819 01 LA M697} - 00416 -6 -0: 9a wm dm 3 EA SSA GPA 130 ATTACHMENT A MATTEL, INC. APPLICATION FOR GENERAL PLAN AMENDMENT Describe the proposed amendment and /or proposed land use designation that is requested with this application. Mattel, Inc. ( "Mattel ") is requesting an amendment of the current maximum allowable floor area ratio ( "FAR ") permitted under the El Segundo General Plan (the "General Plan") for the Corporate Office ( "CO ") zone as it applies to real property owned by Mattel located at 1955 East Grand Avenue (the "Grand Property") in the City of El Segundo (the "City "). The maximum FAR currently.permitted in the CO zone is 0.8. Mattel seeks to establish the ability to develop approximately 200,000 square feet of new floor area on the Grand Property, which requires a 0.37 increase to the current maximum allowable FAR. The Grand Property is immediately adjacent to Mattel's corporate headquarters located at 375 Continental Boulevard (the "Continental Property"). Concurrently with this application, Mattel is seeking an extension of an existing development agreement with the City (the "Development Agreement ") in order to preserve its right to develop approximately 300,000 square feet of floor area on the Continental Property. Such development is Phase II'under the Development Agreement, commonly known as the "Grand Way Project." The proposed amendment would allow Mattel to develop the Grand Property as part of the extension of the Development Agreement. Phase II of the Development Agreement and development of the Grand Property are collectively referred to herein as the "Project." The Grand Property consists of approximately five acres and is currently developed with a two story, approximately 55,355 square foot office building and a surface parking lot containing 373 parking spaces. Mattel's proposed development of the Grand Property involves demolition of the existing building and construction of two new buildings with a total of 255,000 square feet of office space, for a net : ncrease of approximately 200,000 square feet. Mattel also proposes to develop a three level parking structure with approximately 894 parking spaces to be located adjacent to the buildings on the eastern portion of the Grand Property. Under the current allowed FAR of 0.8, the Grand Property can be developed with up to 174,240 square feet as a matter of right. Thus, the proposed development would exceed the allowable floor area by approximately 80,760 square feet, the building heights and setbacks would meet or exceed the minimum requirements for the CO zone. Mattel is therefore requesting a General Plan amendment to increase the maximum allowable FAR of the Grand Property to 1.17 in order to preserve the right to develop it as an extension of, and consistent with, Phase II of the Grand Way Project. 61043 o 1 13 9 h15323- OD21G- 1b -03-cF cg 2. Does the public necessity require the proposed amendment and /or proposed land use re- designation? (Fully explain your answer, considering the surrounding properties as well as the subject property.) Public necessity requires the proposed General Plan amendment because it is essential for the completion of the Project. Completion of the Project would give Mattel assurance that it may continue to operate its business in the City and grow as Mattel's needs may require. Completion of the Project would ultimately allow Mattel to consolidate operations currently conducted in a number of leased facilities located elsewhere in the City and possibly relocate to the City other aspects of its operations that are currently conducted in other cities throughout the country. The proposed consolidation and expansion would permit Mattel to manage its business more efficiently by combining a number of operations into a single, integrated corporate campus. Such consolidation would secure current employment of many members of the community and create numerous additional employment opportunities. The surrounding properties are presently developed with commercial and office uses. Development of the Project would, therefore, conform to the character of the surrounding neighborhood, including Mattel's existing adjacent corporate headquarters. Consolidation of Mattel's operations at a single corporate campus would create efficiencies in the use of public infrastructure which could benefit surrounding areas. 3. Is the property involved in the proposed land use re- designation and /or amendment more suitable and consistent with the purposes, objectives, goals and policies, of the applicable General Plan Elements than the present designation? The proposed amendment of the applicable maximum allowable FAR of the Grand Property is more suitable than the present General Plan requirement and is also consistent with the purposes, objectives, goals and policies of the applicable General Plan Elements. The proposed amendment will enable Mattel to maximize the use of the Grand Property in a manner consistent with Phase Il of the Grand Way Project. The proposed development of the Grand Property will also make it,possible for Mattel to consolidate its corporate operation entirely within the City. Such use of the Grand Property is precisely the type of use contemplated in the General Plan for the CO zone. Goal LU4 of the General Plan is to "provide a stable tax base for the City through development of new commercial uses, primarily within a mixed - environment, without adversely affecting the viability of Downtown." Under this goal, one of the obiectives is to "provide for new office and research and development uses." Objective LU4 -3. The proposed amendment helps meet this objective because it will ensure that Mattel has the ability to expand and consolidate its corporate operation within the City. Consolidation of Mattel's operations in the City creates additional office use for the City. which in turn helps provide a stable tax base for the City. Expansion and consolidation of Mattel's corporate operation within the City ensures 616432 03 /1,A M5325- 0016- 18- 03,cgreg -2- 140 that the City will have a stable tax source from a responsible and reputable business. Consequently, development of the Grand Property is suitable and consistent with the goals and objectives of the General Plan. 4. Would the use(s) permitted by the proposed land use re- designation and /or amendment be detrimental in any way to the surrounding properties? (Explain reasons supporting answers.) The use permitted by the proposed amendment would not be detrimental, in any way, to the surrounding properties. The Grand Property is immediately adjacent to Mattel's current corporate headquarters and the Double Tree Club Hotel, both of which were constructed as part of Phase I of the Grand Way Project. The proposed amendment will only benefit the surrounding properties. The proposed amendment will permit the expansion of Mattel's corporate park, and such expansion will increase business for the Double Tree Club Hotel. Furthermore, the proposed amendment will only exceed the current 0.8 maximum allowable FAR by 0.37, for a total of 1.17, and the proposed development of the Grand Property consists of two buildings and a parking structure which will be otherwise conforming with all other requirements of the CO zone. Therefore, because the proposed amendment is a relatively minor change to the current zoning requirement and because the proposed amendment benefits the surrounding properties, the proposed amendment is in no way detrimental to the surrounding properties. 5. Are there any deed or other restrictions concerning the type and class of uses on the property involved? If so, give expiration date of the restrictions and attach a copy, of the restrictions. None. 6. Explain bow the proposed re- designation and /or amendment would be integrated, internally consistent and compatible with all of the elements of the General Plan, as a whole. The proposed amendment is internally consistent and compatible with all the elements of the General Plan as a whole because it allows the development of the Grand Property in a manner envisioned by the General Plan and beneficial for the Community. The proposed amendment on]), increases the maximum allowable FAR of the CO zone from 0.8 to 1.17 Mattel requests the increased FAR for the purpose of obtaining the entitlements necessary for developing the Grand Property in a manner that is consistent with the surrounding properties and that will allow Mattel to consolidate its corporate operation within the City. The proposed development of the Grand Property will be consistent with every other requirement of the CO zone. The proposed amendment will not disturb the compatibility and consistency of the CO zone as a whole with the elements of the General Plan. 616432 O;,LA M5325- 002'0 - 18-0 ='cgtcg 141 The Applicant COMMUNITY, ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT 350 Main Street El Segundo, CA 90245 (310) 5242344 FAX (310) 3224167 APPLICATION FOR A ZONE TEXT AMENDMENT Z-T4 c> -3 PROJECT NO. x"55- 7 Date: Mattel Inc 333 Continental Boulevard (310) 252 -2000 Name Address Phone (Check One) Owner X Lessee Agent Property Owner Same Name Address Phone Property Situated at- Lot 1 of Parcel Map 10335 in the City of El Segundo, County of Los Angeles, State of California, recorded in Book 94, pages 96-97 of Parcel Maps in the Office of the County Recorder of Said County (Exact legal description. Provide attachment if necessary) General Location 1955 East Grand Avenue between Continental boulevard & Sepulveda Boulevard Address or Street, Avenue Street, Avenue Existing Zoning CO — Corporate Office Request. Under the provisions of Title 15, Chapter 26 of the Municipal Code, application for consideration of a Zone Text Amendment for the Lbove described property Does public necessity require the proposed amendment? Describe the nature of the proposed amendment, including the section(s) of the Municipal Code to be amended 2 Would the changes proposed by the amendment be detrimental in any way to the surrounding property? (Explain reasons supporting your answers.) 616874 011A M 5 325- 002/6.2 0 -03, gawi paw 1 .NN 2 4 2003 11 P LAlfe{EfftG a11yilt1. 142 OWNER'S AFFIDAVIT y� 1 I, We D r+ 1 V 0 r VM) I I -P being duly sworn depose and say that I/We am the OWNER(S) of the property involved in this application and that I/we have familiarized myself (ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information on documents and all plans attached hereto are in all respects true and correct to the best of my /our knowledge and belief 20 6ff 1g a Date STATE OF CALIFORNIA, ) County of Los Angeles ) ss On this tq day of U Vi "a 2003 before me, the undersigned Notary Public in and for said County and State, personally appeared hr-,b-4- �- h/o rm I I known to me to be the person whose name subscribe to the within instrument, and acknowledged to me that he /she executed the same WITNESS my h CMA CM= a 137M IM" PM9 caves" IWO Notafy Public in and for said 19ounty and State AGENT AUTHORIZATION I hereby authorize ?PeT it -IC[c- reLIJ-� to act for me in all matters relevant to this application, I understand that this person will be th exclusive contact on the project and will be sent all information and correspondence Owne s ture AGENT AFFIDAVIT I, We P-47%2tGC PfAit 7 being duly sworn depose and say that I/We am the AGENT(S) of the property involved in this application and that I /we have familiarized myself (ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information on documents and all plans, attached hereto are in all respects true and correct to the best of my /our knowledge and belief 6 -/'9 , 20 0 3 Signature Date STATE OF CALIFORNIA, ) County of Los Angeles ) ss On this /"t day of —/ l(J 20.�D before 'me, the undersigned Notary Public in and for said County and State, personally appeared r? y known to me to be the person whose name subscribe to the within instrument, and acknowledged to me that he /she executed the same WITNESS my hand and official seal l DIME N. 12CX)K MN ^i C mmb ion 8 1 Notary Public in and for sai County and State "Ofty Atbic . Carfotnlo 616874 01 /LA M6071- 004 /6- 18- 031gawimdm 143 Procedures for filing application 1 File application properly completed in the office of the Planning Division Signature of the owner, owners, lessee, and /or agent shall be notarized before a Notary Public 2 Applicant shall provide all information, drawings and other materials as requested by the Planning Division 3 Pay filing fee 4 Applicant and affected property owners will be notified of time of hearing 5 Applicant must be present at the hearing and may offer additional evidence to support his /her request 6 There shall be an additional fee for filing an appeal ZTA APP Planning Staff: Date received: lP /�D 03 EA 5 5 i Signature: GPA 61b874 01 Lr 4' M6 9'1- 004'6 - 18.03- gaw'mdrr 2 14'4 Attachment A Application for Zone Text Amendment Mattel, Inc. 1. Does the public necessity require the proposed amendment? Describe the nature of the proposed amendment, including the section(s) of the Municipal Code to be amended. The public necessity requires the proposed zone text amendment because it is necessary for the completion of development which would give the applicant, Mattel Inc. ( "Mattel "), assurance that it may continue to operate its business in the City and grow as Mattel's needs may require. Mattel is requesting an amendment of the current maximum allowable floor area ratio ( "FAR ") permitted under the Corporate Office ( "CO ") zone in order to secure entitlements for the development of real property owned by Mattel located at 1955 East Grand Avenue (the "Grand Property") in the City of El Segundo (the "City"). The maximum FAR currently permitted in the CO zone is 0.8:1. Mattel seeks to establish the ability to develop approximately 200,000 square feet of new floor area on the Grand Property, which requires a 0.37 increase to the current maximum allowable FAR. The Grand Property is immediately adjacent to Mattel's corporate headquarters located at 375 Continental Boulevard (the "Continental Property"). Concurrently with this application, Mattel is seeking an extension of an existing development agreement between Mattel and the City (the "Development Agreement ") in order to preserve its right to develop approximately 300,000 square feet of floor area on the Continental Property. Such development is Phase II under the Development Agreement for the development project commonly known as the "Grand Way Project." Phase II of the Development Agreement and development of the Grand Property are collectively referred to herein as the "Project." The Grand Property consists of approximately five acres and is currently developed with a two story, approximately 55,355 square foot office building and a surface parking lot containing 373 parking spaces. Mattel's proposed development of the Grand Property involves demolition of the existing building and construction of two new buildings with a total of 255,000 square feet of office space, for a net increase of approximately 200,000 square feet. Mattel also proposes to develop a three level parking structure with approximately 894 parking spaces to be located on the eastern portion of the Grand Property. Under the current allowable FAR of 0.8:1, the Grand Property can be developed with up to 174,240 square feet as a matter of right. Thus, the proposed development of the Grand Property would exceed the allowable floor area by approximately 80,760 square feet; the building heights and setbacks would meet or exceed the minimum requirements for the CO zone. 617281- 03 LA A153:5- 00?io- IF- 03•cr-cr 145 Completion of the Project would ultimately allow Mattel to consolidate operations currently conducted in a number of leased facilities located elsewhere in the City and possiblN• relocate to the City other aspects of its operations that are currently conducted in other cities throughout the country. Mattel has been a model business in the community and is committed to the betterment of the City. Receiving the entitlements for the Project, including this proposed zone text amendment would make it possible for Mattel to maintain and consolidate its operations in the Cit} . Consequently, public necessity requires the proposed zone text amendment. Mattel therefore requests a zone text amendment to increase the maximum allowable FAR of the CO zone to 1.17:1. Section 20.34.060(F) of the City's Municipal Code currently reads: "The total net area of all buildings shall not exceed the total net square footage of the property multiplied by 0.8 or an FAR of 0.8:1 " Mattel requests that Section 20.34.060(F) be revised to permit the total net area of all buildings on the Grand Property not to exceed the total net square footage of the property multiplied by 1.17 oran FAR of 1.17:1. 2. Would the proposed changes by the amendment be detrimental in any way to the surrounding property? (Explain reasons supporting your answers) The proposed zone text amendment will not be detrimental, in any way, to the surrounding properties. The Grand Property is immediately adjacent to Mattel's current corporate headquarters and the Double Tree Club Hotel, both of which were constructed as part of Phase I of the Grand Way Project. The proposed amendment will permit the expansion of Mattel's facilities, which will make it possible for Mattel to consolidate its corporate operation and manage its business with greater efficiency. Consolidation of Mattel's corporate operation in the City will also create the added benefit of generating increased business for the Double Tree Club Hotel. Furthermore, the proposed amendment would only increase the current 0.8:1 maximum allowable FAR by 0.37 for a total of 1.17:1; the two buildings and the parking structure to be developed on the Grand Property will be otherwise conforming with all other requirements of the CO zone. The proposed development of the Grand Property is consistent and compatible with the surrounding properties and will serve to maximize the use of a currently underutilized property. Therefore, the proposed amendment is in no way detrimental to the surrounding properties. 611383 031A M5375- OO216- 18- 03,cpq 14 6 A. e. COMMUNITY, ECONOMIC AND 350 Main Street DEVELOPMENT SERVICES DEPARTMENT El Segundo, CA 90245 (310) 322 -4670 FAX (310) 322.4167 INITIAL STUDY APPLICANT QUESTIONNAIRE GENERAL INFORMATION 1. Name, address and phone number of current property owner. Mattel, Inc. 333 Continental Blvd., El Segundo, CA 90245 Contact: Mark Wing (310) 252 -6386 Director, Worldwide Real Estate (Note: Property Owners signature Is required on Page 6 and 7) 2 Address of project 455/475 Continental Blvd., E I Segundo, CA Assessors Block and Lot No.: 4138- 007 -042 - 3. Name, address, and telephone number of appricaM including name of person to be contacted concerning this project Cif different from Property Owner): N/A (Note: Applicant's signature is required on Page 7) 4. List and describe any other related permits and other public approvals required for this projec , including those required by city, regional, state, and federal agencies: We are applying for an extension of a previously approved development agreement. Subsequently, the project will need City plan check and building permits. 5. E:asZing zoning distract CO - Corporate Office 6. Proposed use of site (project for which this form is filed): Office and research and deve I ooment including uses currently housed in our Design Center at 2031 Mariposa Ave. PROJECT DESCRIPTION Use additional sheets as necessary. 1. Site size: 3.5 Acres 2. Total square footage of building(s) or structure(s): 300,000 plus Parking Garage 3. Number of floors of constructcn: Building - maximum 14 stories; Garage - maximum 8 stories 4. Amount of on -site partung provided: 600 5. Proposed scheduling: UD to 8 years from extension date 6. Associated projects and relationship to larger project or series of projects: Matte I , I nc . wor I d head - ouarters is on an adjacent site. 7. If residential, include the number of units, schedule of unit sores, range of sale price or rents, and type of household size expected. N/A If =mmeraal, indicate the type, whether neighborhood, city or regionally oriented, square footage of building area, and nature of loading facilities provided. Project No. EA N/A J� L 1 11 � tA 01 JUL 9 6 2001 '= 14� C. re 9. If industrial, indlrate type, estimated employment per shin, and nature of loading taaTr't'es. 10. If institutional, Indicate the major funcdton, estimated employment per shin, estimated occupancy, nature of foadh facilities provided and commurdy benefit to be derived from the project. We intend to use:: the prq�6t for general office and Design Center functions. A loading dock wiIr. be built at the rear of the building. Typical employee .shifts are.from 8:00 5• M�,nd a i 11. If the project mquues a variance. conditional use pem or rezoning apS1dation, stag t{t'u %nd iadTC = tie WA Y the application is required. NONE ENVIRONMENTAL SETTING ' 1. Describe the project site as rt e>asts before the project. including infiormaition on topography, soil stab+7ity, plants and antmats, and any cuttural, historical, or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or polaroid photos vial be accepted. - The project is currently being used as a private recreational park and lawn area containing the company logo. 2. Descibe the surrounding properties, including information on plants and animals and any cultural. historical, or scenic aspects. Indicate the type of land use (residential, commerdat, etc.), Intensiity of land use (one4m:ily, apartment hot ses. shops, department stores, etc.), and scale of development ( height, frontage, setbadc, near yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos wit be accepted The project to the north of the site is designated "Corporate Office". The property to the west is a parking lot for an adjacent Mattel -owned building. The east side of the property fronts on Continental Blvd. and is across the street from an office project known as Continental Grand Plaza. The balance of the original Grandway development featuring Mattel's world headquarters is directly south of the project. ENVIRONMENTAL IMPACTS Brief eXplanations of all answers are required on attached sheets, or refer to previous responses to Items B and C above. YES MAYBE NO 1. Land Use Planning. Would the proposal: a) Conflict with general plan designation or zoning? x b) Conflict with applicable environmental plans or policies x adopted by agencies with jurisdiction over the project? C) Be incompatible with existing land use in the vianity'� X— d) Affect agricultural resourcesror operations (e.g. impacts to . x sails or farmlands, or impacts from incompatible land uses)? *B.10.(continued) There will be an estimated 8-75 employees on site. The community benefits includes the 2 creation of high quality campus headouarters and keeping ,lobs in El Segundo on a long -term basis. om 149 YES MAYBE NO 2 Population and Housing. Would the proposal: a) Cumulatively exceed official regional or local population projections? b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? C) Displace existing housing, especially of irdable housing? _ X 3. Geologic Problems. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? �C _ b) Seismic ground shaking? C) Seismic ground failure, including fiquefaction? d) Seidre, tsunami, or volcanic hazard? , e) Landslides or muditws? e) Erosion, changes in topography or unstable soil conditions from excavation, grading, or frill? g) Subsidence of the land? —.-- h) Expansive sails? _ i) Unique geologic or physical features? —X- 4. Water. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate X_ and amount of surface runoff? b) Exposure of people or property to water related hazards _ such as flooding? C) Discharge into surface waters or other alteration of surface X_ water quality (e.g., temperature, dissolved oxygen or ' turbidity)' d) Changes in the amount of surface water in any water body X_ d) Changes in currents, or the course or direction of water movements* e) Change in the quality of ground waters, either through direct X_ additions or withdrawals, or through interception of an aquifier by cuts or excavations, or through substantial loss of groundwater recharge c a�acityl 3 AA 017 G 149 4 130 YES MAYBE NC g) Altered direction or rate of flow of gmundwateR h) Impacts to groundwater quaW X i Substantial reduction in the amount of groundwater otherwise available for public water supplies? S. Air Quality. Would the proposal: a) Violate any air quality standard or contribute to an existing _ or projected air quality violation? b) Expose sensitive receptors to pollutants? _ b) Alter air movement, moisture, or temperature, or cause any �- changes in cllmate? d) Create objectionable odors? 6. Transportation/Clrwtation. Would the proposal result in: a) Increased vehicle trips or traffic congestion? C) Hazards to safety from design features (e.g., sharp curves or dangerous intersections or incompatible uses (e.g., farm equipment)? C) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity on -site or off- site? X_ e) Hazards or barriers for pedestrians or bicyclists? x_ f) Conflicts with adopted policies supporting alternative X_ transportation (e.g., bus turnouts, bicycle racks)? g) Raft, waterborne or air traffic impacts'? X 7. Biological Resources. Would the proposal result in impacts to: a) Endangered, threatened, or rare species or their habitats l (including, but not limited to, plants, fish, insects, animals, and birds)' b) Locally designated species (e.g., heritage trees)? X_ b) Locally designated natural communities (e.g., oak forest, X_ coastal habitat, etc.) d) Wetland habitat (e.g., marsh, riparian and vernal pool)? �X e) Wildlife dispersal or migration corridors' X_ 4 130 1 51 YES MAYBE NO C) Use non - renewable resources in a wasteful and inefficient_ mariner? d) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? 9. Hazards. Would the proposal Imrolw: a) A risk of accidental explosion or release of hazardous X_ substances (including. but not limited to, oil, pesticides, See Attac��d chemicals, or radiation)? b) Possible interference with an emergency response plan or X emergency evacuation plan? - y C) The creation of any health hazard or potential health hazard?_ C) Exposure of people to existing sources of potential health X_ hazards? d) Increased fire hazard in area with flammable brush, grass, X or trees? 10. Noise. Would the proposal result in: a) Increases in existing noise levels ?_ b) Exposure of people to severe noise levels ?_ 11. Public Services. Would the proposal have an effect upon, or result in a need for new or altered government services In any of the following areas: a) Fire protection? b) Police protnction? C) Schools'? _Y d) Maintenance cf public facilities, including roads? X e) Other governmental services? _X 12. Utilities and Service Systems. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gasp b) Communications systems k_ C) Local or regional water treatment or distribution facTties7_ lI L 1� JJUL 6 2003 - 1 51 1 rz :f YES MAYBE NO d) Sewer or septic tanks? X e) Stone water drainage? _Y f) Solid waste disposal? g) Local or regional water supplies? .X_ 13. Aesthetics. Would the proposal' a) Affect a scenic vista or scenic highway? X_ b) Have a demonstrable negative aesthetic effect? _ y C) Create light or glare? 14. Cultural Resources. Would the proposal: a) Distcub paleontological resources? _X b) Disturb archaeological resources? _X C) Affect historical resources? e) Have the potential to cause a physical change which would _A_ affect unique ethnic cultural values? f) Restrict existing religious or sacred uses within the potential X_ impact area? 15. Recreation. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational faa7ttles? b) Affect existing recreational opportunities? 16. Mandatory Findings of Significance. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish orwildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or plrehistory7 b) Does the project have the potential to achieve short-term, to the disadvantage of long - term, environmental goals? C) Does the project have impacts that are individually limited, C� but cumulatively considerable? rCumutatively considerable' means that the incremental effects of a project are considerable when viewed in conjunction with 6 1 rz :f YES . MAYBE NO Me effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? OWNER'S AFFIDAVIT 1, (We) Mattel, Inc. am (are) the OWNER(S) of the property involved in this application: I (we) have familiarized myself (ourselves) with the rules and regulation of the City of E' Segundo with respect to preparing and filing this application, and the information on all doaune d all plans is true and correct to the best of my (our) knowledge and_ belief. —� % Owner's Signature Date Owner's Signature Date JUL 2 6 2001 7 15.E OWNERS AUTHORIZATION I hereby authorized to act for me in all matters relevant to this application. I understand that this person will be the primary contact on the project and will be sent all information and correspondence. Owners Signature Date APPLICANT AFFIDAVIT I. (We) am (are) the APPLICANT (S) of the property Involved in this application; I (we) have fami7far ted myself ( ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and }fling this application; and the information on all documents and as plans is true "and corned to the best of my (our) Ivrowtedge and belief. Appllcanrs Signature Date Apppcanrs Sigrmature Date FOR PLANNING DIVISION USE ONLY 13 Copies of Plans Fed'Vepo ' ived S S ,'�� 300' Notification Map Date Filed: a ` 202t 3 sets of Property Owner Labels y= Received By: Gu� 2 sets of Envelopes with Postage Required Supplemental Info Sheets Revised01101 mntist -3.gst e 154 D. Environmental Impacts 9 a) Hazards HAZARDOUS MATERIALS 1 Water -based paints, solvents, and wasted spent solvents. I. Copper Sulfate, acids and alkalises, and wasted plating solutions 3. Plastisol waste from Rotocast operations 4. Small quantities of lab pack from the Materials Laboratory wasted chemicals 5. Photo - finishing chemicals, such as fixers and developers. Note: all materials listed above (that are also currently used or generated at the Mattel Design Center — 2031 Mariposa) will be disposed of in accordance with all applicable governmental regulations AA JUL 2 bb 2001 155 156 1 J rl �G � � 't - -:w �;._ .. - _ - ,•fir „ - _ ,, RON oil _ F�1 . = 1 �✓ c4 Up F=ro _ __ .w•n 14 J./Tt�at'.r�a ILL kj�g r i 1 '• 1 1 � _T' Phase I o` The Grand Way Project (Existing) Phase i, of The Grano Wav Pro!ec, (Proposed 1955 Grant 4venue Praaer.� — -- Projec 5oundar, „ 'II 't'I�_U�c '.trial Pnoto,raph of the �= SIU and Pro!cct V)cimv, I - 15 n Q W < �a W = =a W - __ -A i= mmrnos IVIN3NUNC: i ui I y d N Q 'n W .0 W H LLU� LLJ z� CL H Q � y 2— �a W= =a LjR —ter r ' _o ' ~ 1 W 7 _ W j � J Ul LUO �I 0 i rr- •T. .'i.fR r^T �. fTis�f7.f�.iRti `77.� FIR z I \- __ l F I- I• l� � _ _ — -- ( - -._.� •- �L' -� , _ I .III a V V V W m m rt ° hZ a a a a az W W 0 .r I hQ w :I a Lij ..... 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Commissioner Funk led the Pledge of Allegiance to the Flag. - PLEDGE TO FLAG PRESENT: BUSCH, FRICK, FUNK, MAHLER, MILLER SHEEHAN =_ ROLL CALL ABSENT: None Liz Garnholtz, resident -.- _ PUBLIC -_ - COMMUNICATIONS Ms. Garnholtz questioned if the increasing of the FAR is tray_ sferable if the Mattel property should ever change ownership. =- Chairman Mahler presented the Consent Calendar.- -.. CONSENT CALENDAR None. CALL ITEMS - = FROM CONSENT CALENDAR Commissioner Miller moved, s "econc1ed by Vice - Chairman Busch, to MOTION approve the November 13,=2003, and November 20, 2003, Minutes as submitted and Environmental - Assessment No. 629 and Adjustment No. 02 -03. Passed 5 -0. - Director Hansen noted that late correspondence had been provided to WRITTEN the Planning Commission from one of Mattel's attorneys, Mr. Allen COMMUNICATIONS Matkins, dated December 18, 2003, (of record). None. PUBLIC HEARINGS, NEW BUSINESS Chairman Mahler presented Item 1-4, Environmental Assessment No. PUBLIC HEARINGS, 619. Address: 310 -332 East Grand Avenue. Applicant and Property CONTINUED Owners: George, Silvia and Richard Kizirian. BUSINESS, EA NO. 619 Acting Planning Manager Garry presented staff report (of record). He The proposed project is noted for Chairman Mahler that the units will be for rent, not for sale. for the development of , mixed -use project 1 El Segundo Planning Commission Minutes, December 18, 2003 16� Addressing Vice - Chairman Busch's inquiry regarding soils testing, Acting Planning Manager Garry explained that there did not need to be any soil removed beyond what was done when the underground storage tanks were removed approximately two years ago for the gas station; and that the Fire Department was satisfied and signed off on the conditions regarding the soil. He added that recently, the Fire Department requested additional testing beneath the clarifier that is located inside the building; advised that no chemicals were found with this additional testing; that the Fire Department once again indicated approval; and advised that the Fire Department requested that the clarifier be welded shut so it could not be used any further. He mentioned that during the demolition and excavation process, more soils testing will be conducted. Vice - Chairman Busch requested that staff provide him at the next Planning Commission meeting an estimate of how close the City is getting to its housing goal. Chairman Mahler questioned whether one access point on Grand Avenue is sufficient. Acting Planning Manager Garry stated that there is one access point on both Grand and Eucalyptus; and stated that having another access point on Grand would decrease the number of parking spaces. Elizabeth Srour, representing the applicant Ms. Srour thanked staff -for their_assist_ance with this project; stated that the resolution does incorporate public safety conditions, including many standard provisions; and advised that all of the public safety conditions were discussed and agreed upon at the Development Services Group meeting which took place approximately two months ago. She advised that all the conditions of approval are acceptable to the applicant. Ms. Srour explained that the clarifier has already been welded shut and that it is not the intention of the owner to use the clarifier any further. With regard to the soils remediation process, she advised that all issues of concern have been properly taken care of; and added that during the demolition and excavation process, further soils studies will be conducted prior to the disposal of the soil. With regard to access points to this development, Ms. Srour explained that it was the intention of the architect to carefully spread out the ingress /egress points so as not to interrupt the flow of traffic on Grand Avenue; pointed out that this proposal is consistent with the City's General Plan; stated that the landscaping will be plentiful on this site; and noted that all the units are private, spacious two bedroom, one bath comprised of 16,427 square feet of retail /office and food service uses and ten apartment units. 2 El Segundo Planning Commission Minutes, December 18, 2003 163 rental units. Ms Srour indicated that these units are designed in a safe and secure fashion; stated that enclosed /secured parking will be located off Arena and the alley; that private parking will be assigned to the tenants; and that guest parking will be available down below and on the surface parking spaces. Ms. Srour noted for Chairman Mahler that this project will not incorporate a lobby area; and stated that these are individual apartments with a common walkway, individual balconies and private entrances. Naghie Bacoumb, project architect Mr. Bacoumb noted for Chairman Mahler that all the parking spaces will be sized for full -sized vehicles; stated that the owners are not interested in converting these units into condominiums; noted that as of this point in time, no discussion has been made with regard to security cameras; and explained that the stairwells in the building are secure — pointing out that an individual will have to be buzzed in for entry. He added that the guests of the tenants will have to park either in the subterranean area or on the surface parking spaces. Mr. Bacoumb stated for Commissioner Miller that the lease agreements will specify the limitations on what can be placed on the balconies. There being no further input, Chairman Mahler closed the public MOTION hearing. Commissioner Frick expressed her belief that this is an attractive alternative to what is currently on site; and stated that it is a beautiful concept and design and a nice addition to this community. Commissioner Funk expressed her belief that the mixed use concept is a nice contribution to the area. Vice - Chairman Busch commented on this project's close proximity to the Downtown area and Recreation Park and stated that this project is a great example of what can be done in this City. Chairman Mahler stated that this is a creative and innovative project and is in line with what this City needs to accomplish. Commissioner Funk moved, seconded by Commissioner Frick, to approve Environmental Assessment No. 619, thus adopting Resolution No. 2557. Passed 5 -0. 3 El Segundo Planning Commission 16-1 Minutes, December 18, 2003 Chairman Mahler presented Item 1 -5, Environmental Assessment No. 559, General Plan Amendment No. 03 -3, Zone Text Amendment No. 03 -2, and Development Agreement No. 01 -3. Address: 455 -475 Continental Boulevard and 1955 East Grand Avenue. Applicant and Property Owner: Mattel, Inc. Acting Planning Manager Garry presented staff report (of record) With regard to the letter received from Mattel this afternoon, City Attorney Hensley clarified Condition of Approval No. 22, a condition which relates to the obligation to improve the intersection of Grand Avenue, and stated that it is staff's intention to require Mattel to pay their fair share of that improvement; and noted that if the Planning Commission recommends approval of this item this evening, staff would clarify this language prior to this matter going before the City Council. Chairman Mahler and Vice - Chairman Busch advised that they recently met with Mattel representatives to discuss the benefits of this project to this community. City Attorney Hensley stated that as the development agreement is currently worded, these property rights would be transferable; but stated that he would have to do some further investigation to determine if these rights could be halted should the property ever change ownership and /or to determine if it would be practical. Acting Planning Manager Garry noted for Commissioner Funk that the typo on Page 92 will be corrected to properly reflect No. "3 -2." Chairman Mahler opened the public hearing. Corinne Murat, Senior Manager for Governmental Affairs for Mattel, Inc. Ms. Murat provided a Power Point presentation to highlight the background of the Mattel company and what goes on in their buildings and how the square footage is utilized. She noted that Mattel has three other buildings in El Segundo that are leased facilities: one 200,000 - square -foot facility on Mariposa, which is utilized as a design center; and two other facilities on Maple that are utilized as a sound stage, graphics work and production facilities. She highlighted that with the location of these buildings, it is necessary to shuttle the employees to and from each day, stating that an average of 133 trips a day are made during a 9.5 -hour day. Because of the need to shroud the design activities, Ms. Murat explained that it has become too cumbersome to manage these trips from the various sites each day; and that Mattel is seeking to consolidate all of these activities into one property /building. She PUBLIC HEARINGS, CONTINUED BUSINESS, EA NO. 559, GPA NO. 03 -3, ZTA NO. 03 -2, DA 01 -3 Proposed build out of Phase II of The Grand Way Project at 455 Continental Boulevard with 300,000 square fef of research and development (R &D) an( office floor area, as wel as a parking structure with a minimum of approximately 715 spaces. 4 El Segundo Planning Commission Minutes, December 18, 2003 1 J commented on the various visitors that these Mattel headquarters welcomes to its facilities each year in El Segundo from all over the world; and explained that because of the hosting of the 2004 Toy Fair and the hosting of various other conferences /meetings, it is essential to have the additional space. She stated that Mattel is sympathetic to the concerns regarding traffic and quality of life issues; and stated that Mattel is proud to call El Segundo its home. Jerry Neuman, representing Mattel Mr. Neuman explained that this is basically a request for Mattel to remodel and expand its business and noted that the additional capacity is essential to make this happen. He highlighted the economic development goals /objectives in the City's General Plan and the maintenance and growth of the economic base; and explained that Mattel views the permitted rights that were received in the 1990's as a means of maintaining its purpose and place in El Segundo as it was originally conceived. Mr. Neuman explained that in 1998, Mattel acquired the property next door — pointing out that that is why it was not part of Mattel's original request; and that the opportunity at the time the development agreement came up for renewal was an opportunity for Mattel to also analyze its growth and expansion in El Segundo. He explained that without the additional square footage and building prospects, the growth of this company is likely to be impossible in El Segundo. He stated that Mattel disagrees with staff in terms of the development agreement; and noted that Mattel should be granted the right to do the improvement above .8 on the Grand Avenue property. He advised that between the time the draft EIR (DEIR) was completed and tonight's hearing, AQMD has come up with new guidelines; that had they app!ied these new guidelines to this project into this DEIR, all of the CO2 impacts would be nonexistent. Mr. Neuman stated that Mattel believes it is asking for something that is in the best interest of the City, the community and this company. Dan Ehrler, Executive Director of the El Segundo Chamber of Commerce Mr. Ehrler highlighted the Chamber's complete support for Mattel's proposal, stating that it is vital to the economic base in this area. He added that this application is a business retention issue, and he urged the City to support Mattel's request. Liz Garnholtz, resident Ms. Garnholtz questioned how an increase in the FAR will impact the City's Circulation Element. 5 El Segundo Planning Commission Minutes, December 18, 2003 .166 Bill Crigger, former President of the El Segundo Chamber of Commerce Mr. Crigger urged the Planning Commission's support of Mattel's application; and pointed out that Mattel has made many contributions to the South Bay and to this City. There being no further input, Chairman Mahler closed the public hearing. Addressing Vice - Chairman Busch's inquiry concerning traffic associated with the original development agreement and its incorporation into the current Circulation Element, Acting Planning Manager Garry stated that Phase II has been factored into all of the City's studies since it's been entitled; but added that the 1955 Grand Avenue portion of this proposal was not incorporated into the existing General Plan because it wasn't anticipated to be a project at that time. Responding to Commissioner Funk's inquiry concerning AQMD's revisions, Acting Planning Manager Garry explained that AQMD approved a revised version of the air quality impact model that's used to estimate emissions from vehicles associated with a project; and stated that if this test were to be rerun with the revised standards, the impacts would most likely decrease using the new calculations and that it would create one less issue when considering a Statement of Overriding Considerations. The public hearing was reopened. Mr. Neuman noted for the Commission that there is no additional significant impact between the .8 and the 1.17 FAR on the Grand Avenue building — explaining that if one puts it in the context of traffic delay, it would result in a half- second additional delay on a.m. traffic and approximately a three - second additional delay on p.m. traffic, a factor which is deemed insignificant. He advised that the 1955 Grand Avenue property would be utilized 50 percent of the time for irregular uses, such as the Toy Fair space, conference space, and that the rest of the time it would be used as an office building. Mr. Neuman advised' that if the 1.17 FAR is approved, it would provide enough room to move a division and start creating synergy around Mattel's corporate campus; and added that Mattel has a corporate decision to start creating efficiencies and consolidating its activities, establishing its entire uses into Mattel's own properties. Public hearing closed. 6 El Segundo Planning Commission C Minutes, December 18, 2003 16 , Chairman Mahler stated that he appreciates the generosity of Mattel and the employment opportunities Mattel has provided to this community - noting that he would like to approve Mattel's request as presented; but commented on his duty as a Planning Commissioner to look at what's best for the vision of the City. He highlighted staff's recommendation for the Phase II project, which had previously been accounted for and approved; and stated that the two additional building proposals were not part of the original agreement. He stated that while he wishes Mattel -_ great success, he would have to enforce the City's General Plan guidelines and not approve the increased FAR on the 1955 property Commissioner Frick stated that in looking at the DEIR and looking over-=­_ all of the consequences that could arise from building this.-project, the one thing that has been pointed out is the need for a-- Statement of Overriding Considerations because of the air quality impacts; _and noted that she did not see a heavy burden on traffic -with this— proposal, specifically with mitigation measures that could possib�� put in place with left -turn lanes, etc., that were mentioned as mitiga 4g measures. She stated that the requested FAR is not unreasonable it '_t ease and that the impacts are minimal. She commented on the City Attorney's further study should this property ever charJFg oxmr 6mhip.-- Vice- Chairman Busch commented on the need for this major company to grow and prosper in this community; bufhighlighted the fact that the original development agreement vas approved when traffic levels were lower than they are today K6 ointed ouf that Mattel purchased the 1955 Grand Avenue prolierty after ttia=General Plan had gone into effect - pointing out that it-wa pupa -iasO with the knowledge that it had a FAR of .8; and stated thaf!Moval_ of Mattel's request for the increased FAR on the 1955--Grand Aveaee property would be inconsistent and would create pFe_c_eTeace. Commissioner Miller end Commissioner Funk echoed Chairman Mahler's and- Vice - Chairman Busch's statements. With regard towansion, Chairman Mahler stated that this body needs to be consistenfw- ith all businesses. Vice - Chairman Busch moved, seconded by Commissioner Miller, to MOTION approve Resolution No. 2556, a resolution recommending approval of a Draft Subsequent Environmental Impact Report of environmental impacts for EA No. 559, for an amendment to the General Plan designation and Corporate Office Zone for 455 Continental Boulevard and 1955 East Grand Avenue, and renewal, amendment, and extension of a development agreement. Passed 4 -1, with Commissioner Frick 7 El Segundo Planning Commission Minutes, December 18, 2003 169 voting no. Director Hansen introduced new Assistant Planner Maria Baldenegro; and thanked the Planning Commission for a challenging year of service on this body. On behalf of the Planning Commission, Chairman Mahler expressed appreciation for the hard work of staff this past year. Ms. Garnholtz questioned why the homeowner at 442 Concord Street ^ was permitted to erect a 7.4 -foot high fence and asked if she would[ -be permitted to increase the height of her fence to 7.4 feet. - -_ - Director Hansen stated that he would provide Ms. Garnholtz a complete copy of staff report which reflects all of the analyses_Ahat led to an administrative determination on the Concord Street property; and explained that the Code does allow for some latitudein' certain situations that are handled on case -by -case basis - pointing out�#hat this type of determination is made very carefully and is not routine.---e =1 stated that this approval does not mean that anyone can necessariFy--J3uild to the same height, that it must meet certain criteria and findings,--as noted in staff report. Vice - Chairman Busch wished everyone a--happy holiday season and happy New Year; and thanked and commended staff for their hard work throughout the year. The= �-lanning Commission echoed these sentiments. Director Hansen than�d _a- ommended Paul Garry on the tremendous amount of w6kind effort he put forth this past year. REPORT FROM DIRECTOR PUBLIC COMMUNICATIONS PLANNING COMMISSIONERS' COMMENTS There being no idiier discussion, Commissioner Frick moved, ADJOURNMENT seconded by Commissioner Funk, to adjourn the meeting at 9:20 p.m. to the regular meeting of January 8, 2004. Passed 5 -0. PASSED AND APPROVED ON THIS 22nd DAY OF JANUARY, 2004. James Hansen, Secretary of the Planning Commission and Director of Community, Economic and Development City of El Segundo, California -,Philip Mahler, Chairman of 'the Planning Commission City of El Segundo, California 8 El Segundo Planning Commission Minutes, December 18, 2003 EL SEGUNDO CITY COUNCIL MEETING DATE: February 3, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action regarding uniform newsrack locations and type of newsracks to be installed on Main Street and Grand Avenue in the Downtown Specific Plan (DSP) area. RECOMMENDED COUNCIL ACTION: 1. Adopt Resolution identifying uniform newsrack locations and model of newsracks; and /or 2. Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The City Council adopted Ordinance No. 1370 on December 2, 2003, which amended the Municipal Code by revising regulations pertaining to the placement of newsracks in the City. The Ordinance also provides, by separate resolution, for: 1. Creation of uniform locations for newsracks on Main Street and Grand Avenue in the DSP area, thus allowing distribution of multiple publications from one unit; and 2. Recommends a model of newsrack (or similar) for installation on pedestals and trays purchased by the City. Staff reviewed locations which met the restrictions of the Ordinance, yet did not unreasonably restrict the rights of the media. The attachment to the draft resolution (Attachment A) identifies 10 proposed uniform newsrack locations on Main Street and Grand Avenue. If all locations were utilized, as many as 60 publications could be distributed from those uniform locations. Prior to the initiation of the Downtown improvement project, 34 permits for newsracks had been issued for Main Street and Grand Avenue. ATTACHED SUPPORTING DOCUMENTS: A. Draft Newsrack Resolution with Attachment B. Sample Newsrack Model FISCAL IMPACT: Operating Budget: $1,124,700 Amount Requested: $1,300 (with estimated 5 year replacement cycles) Account Number: 301 -400- 8201 -8573 (Downtown) Project Phase: N/A Appropriation Required: —Yes _X_ No ORIGINATED BY: DATE: //Z 7/d f- P. Hansen, Director of Community, Economic and Development Services R VIE D BY: DATE: Ma Stren ity Manager 471, 1�U 2 2 A sample of the type of newsrack that will be installed at the Uniform locations, the K -Jack model series 50, is shown on Attachment B. Approved equivalent models will also be acceptable. The recommended newsrack as well as the proposed uniform locations have been reviewed by the Dept. of Public Works. The newsracks, pedestals and trays would be required to be painted K -Jack black which has a semi -gloss finish consistent with the recently installed downtown benches and trash receptacles. At this time, it is estimated that pedestals and trays to support 60 publications (or six publications at ten uniform locations) would cost $1,300. Pedestals and trays must be replaced approximately every five years. The cost of the newracks will be borne by the applicants. The cost of each unit is approximately $235 for newsracks that accept coins and $173 for newsracks that hold `free' publications. Bulk purchases may be discounted. For uniform locations, (Main Street and Grand Avenue in the DSP area) pedestals and trays on which the newsracks can be placed will be purchased and installed by the City. Costs will be recovered through annual permit fees of $50 per newsrack from locations elsewhere in the City (uniform locations are exempt from the annual permit fee). Those fees are approximately $5,750 but will vary depending upon the number of permits issued. For reference purposes, newsracks previously installed on private property (such as the El Segundo Herald newsracks) will not be affected by these new requirements. 171 RESOLUTION NO. A RESOLUTION ADOPTED PURSUANT TO EL SEGUNDO MUNICIPAL CODE § 9 -4 -10 ESTABLISHING UNIFORM NEWSRACK LOCATIONS. The City Council of the city of El Segundo does resolve as follows: SECTION 1: Pursuant to El Segundo Municipal Code ( "ESMC ") § 9 -4 -10, the City Council establishes uniform newsrack locations as follows: A. Uniform newsrack locations are established in the locations depicted on the attached Exhibit "A," which is incorporated by reference ( "Uniform Location Map" or "ULM "); B. Uniform newsracks may be installed in the areas designated with triangles on the Uniform Location Map; C. A maximum of six (6) newsracks may be installed at each location; SECTION 2: Uniform newsracks permitted on the ULM must be stackable; have dimensions of height 16 ", width 24 ", depth 16 "; and be colored to match existing City -owned street furniture. The administrator must determine compliance with this section. SECTION 3: The administrator is directed to install kiosks, pedestals, or other support structures as needed to accommodate newsracks on the ULM. SECTION 4: Persons interested in obtaining a uniform newsrack permit, may apply for such a permit in accordance with ESMC Chapter 9 -4 upon this Resolution becoming effective. SECTION 5: The administrator is authorized to begin accepting permit applications and issue uniform newsrack permits not earlier than thirty (30) days after this Resolution is adopted in accordance with ESMC § 9- 4- 10(D). SECTION 6: This Resolution is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because, when implemented, it will cause a minor alteration to existing public facilities. This Resolution, therefore, is categorically exempt from further CEQA review under Cal. Code Regs. Title 14, § 15301. 172 SECTION 7: This Resolution becomes effective immediately upon adoption and remains effective unless repealed or superseded. PASSED AND ADOPTED this 3rd day of February 2004. Mike Gordon, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 3rd day of February 2004, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED Mark D. Hz� B y: A �14 Katl H. Berger, Adis nt City Attorney f -2- 173 1714 N - $ CURB RETURN BUFFER w rwvosA Aw E IMI✓yWA AVE ® $ FIRE HYDRANT BUFFER W E ® 10' DRIVEWAY BUFFER ® S CROSS WALK BUFFER 52N AAAW Sr 1 ® $INTERSECTION BUFFER 3' LANDSCAPE BUFFER $ BUFFER OF BUS STOP EXHIBIT A _ DRIVEWAY INTERSECTION ® LANDSCAPING CROSSWALK — W PNE AYE DOWNTOWN SPECIFIC PLAN BOUNDARY E P►E AVE A NEWSRACK 1 27 MAIN ST 1 1 1 1 1 40B MANV 5T 1 EHOLLV AYE �LL P B QZ 5 323 AMIN ST 121 J—D F i ► r 27D E GRAND AVE — _ •• • _ _ •- 275 MANN ST � I ► a + 225 MAIN ST 7D0 MAIN 5T m WTMlLLLM AVF ie GD EF�AVE 143 MAIN ST n 9 waxcuooeiw eei acunoeiw PROPOSED UNIFORM NEWSRACK LOCATIONS I. bdM b..W. , d�.�� �r�ad 0 95 190 380 570 76 Peet ■bYb brbroe -..W,p -bsrbedlollll�•,ITS. City of NY sO sdl�dv pplwb•�Y 1714 Coin Operated Newspaper Rack KJ -50TM The Stackerrm Attachment B k -Jack, newspaper racks, newspaper vending machine, news racks r► Horne Page r` Product Lisr Coin Operated Newsracks 1& r► fce+- Drstnbulion Racks '► INIIP & DIS Ploy RCNI(j {► Spec laity Rocks r`' Slide -in- insert �► Mailroom Cary r► ACCe�if�l'ir5 f ►' Mechancol Coin Me<harusm `► ET- Electrom( 'e Totalizer r► Conip U W.Kh System ► K -Jack Special H k UPQATl: 2 `4 Page 1 of 1 About K.Jack * Conlact K.Jack 'W Request a Quotation KJ -50TII coin operates! THE STACKER"%' Newsracks Only 16 Inches depth and 24 Inches wide, the stacker was designed for the location where space is at a premium. In a space only 24 inches wide, you can have one, two, or three racks. In a space only 48 inches wide, you can have two, four, or six racks. In a space only 72 Inches wide, you can have three, six, or nine racks. The Stacker'" features the Slide -Out- insert. This concept makes repair In the field or shop easily accomplished. There Is no need to tear the stack apart for maintenance of a particular rack. Just pull out the Sllde- OutT" insert and do your maintenance or price changing. PRINT RACK PICTURE ;>< CLICK -IERE DESCRIPTION FOR MORE DEWS Copyright © 2001 K -Jack Engineering Co, Inc. All rights reserved. 175 http://www.kjack.com/kj50.htm 1/27/04 EL SEGUNDO CITY COUNCIL MEETING DATE: February 3, 2004 AGENDA ITEM STATEMENT AGENDAHEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action regarding adoption of plans and specifications for the El Segundo Skateboard Park located at 405 Grand Avenue - Approved Capital Improvement Program - (Estimated cost = $433,693.60). 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: On December 18, 2001, the City Council approved an agreement with Purkiss- Rose -RSI for the design of the El Segundo Skateboard Park. (Background & discussion continues on the next page....) ATTACHED SUPPORTING DOCUMENTS: 1. Letter from Recreation and Parks Commission. 2. Location map. FISCAL IMPACT: Capital Improvement Program Amount Requested: Account Number: Project Phase: Appropriation Required: $397,000 $397,000 301 - 400 - 8202 -8989 Adoption of plans and specifications No ORIGIN29rZnlnterim DATE: January 28, 2004 David Director of Public Works Mary Sfrenn DATE: 17 6) 02 -03 -04 Adopt Plans and Specifications for the El Segundo 3 Skateboard Park Located at 405 Grand Avenue BACKGROUND & DISCUSSION: (continued) This project was discussed at the Council meeting of January 20, 2004. Since that meeting, the architect has provided staff with a revised cost estimate. The original estimate of $379,800 had omitted electrical and lighting costs. The new estimate is now $433,693.60, resulting in a possible deficit of $53,893.60. Lighting will be bid as an additive alternate in order to provide flexibility in the award amount. After bids have been received, staff will recommend an appropriate funding source. One source available is from the Los Angeles County Regional Park and Open Space District. These funds are a re- allocation of funds that were distributed throughout the 4th Supervisorial District in 2002. The amount of the grant is $80,000. The Recreation and Park Commission met on January 14, 2004, at a special session to review these plans and approve the project design. Plans and specifications for the proposed El Segundo Skateboard Park have been provided to Council Members for their review and also can be viewed at the Public Works Department counter and the City Clerk's office at City Hall, and the Library. The design is now complete and staff recommends advertising this project for receipt of construction bids. 177 02 -03 -04 Adopt Plans and Specifications for the El Segundo Skateboard Park Located at 405 Grand Avenue Elected Officials: Mike Gordon, Mayor Sandra Jacobs, Mayor Pro Tom Nancy Wernick, Council Member John G. Games, Council Member Kelly McDowell, Council Member Cindy Mortasen, City Clerk Ralph Lamphere, City Treasurer Appointed Officials: Mary Strenn, City Manager Mark D. Hensley, City Attomey Department Directors: Jeffrey Stewart, Assistant City Manager James Hansen, Community, Economic and Development Services Brat Plumlee, Administrative Services Norm Angelo, Fire Chief Debra Brighton, Library Jack Wayt, Police Chief David Johnson, Intenm Public Works Stacra Mancini Recreation 8 Parks www elseaundo.org January 15, 2004 i STACIA MANCINI, DIRECTOR Recreation and Parks Department Honorable Mayor Gordon and Members of the City Council Regarding: Proposed Skateboard Park A Special Recreation and Parks Commission meeting was held on Wednesday January 14, 2004. The item on the agenda was the review of the proposed skateboard park, for City Council consideration on Tuesday January 20, 2004. The Recreation and Parks Commission reviewed the proposed Skateboard Park plans, and voted enthusiastically to recommend approval of the project. The Recreation and Parks Commission is very pleased to see the Skateboard Park, moving forward. Sincerely, 57W Recreation and Parks Commission By Stacia Mancini, Director 178 339 Sheldon Street, El Segundo California 90245 -0989 Phone (310) 524 -2707 FAX (310) 322 -3693 smancini @eisegundo.org 090 z M -n � d D m sl:N W..t CITY Eke. c.Y- -\ v -n \ a +•n r ruccA sL oES� P i� m 1 L! NIL RE T ^5 ST o ♦1 MILLCREST ST I m MEr n VALLEY a o i ---- = LOMA z r m Q O LOYA VISTA ST ®el�_J]®��® i WHITING ST BI.JBE] Ello11 ' VIRGINIA ST B BB R .v n J ;= �u CONCORD ST B ®EI�❑ PL . �& ��.. A RICHMOND ST r 8 EEE� ] EB 3 = PAIN ST u U = PE ►PE STANDARD A a R R = eB F� ❑❑ N O n fA •RENA S a CY ^9A IM m SNELDON SL ®� ❑ r I e G PENN S7 N BLANCHE R6 ®® � C CART GT. SIERRA S T u LOYITL Z a LOMITA ST ®� ^... r" FLOURNEY R0. I 9 1`�JI I+1 e T MARYLAND ST r r RI T BUNGALOW OR. ❑�� Q y a CENTER ST. LAUREL AVE' A �� PACIFIC AVE NEVADA SL MAPLE AVE 1 a OREGON ST C CALLED S n PALM AVE+ u CALIFORNIA 52 r -I POINSETTIA KANSAS ST AVE. � WALNUT I WASHINGTON ST PINE AVE= O T ELY AVE. _ ILLINOIS W O AK AVE I W T 3 S R IS W INDIANA ST N 0 O m CT a DSEPULVEDA Y T35 14W m r = N I O r = ti 4 G J n= BLVD. 1RPORT S SELSY ST T a z a 2 Z \ ALLIED N o .- HUGHES WAY S m (PRIVATE) K r BID ' WAY 4� CONTRIE 7AL N D I � cI�1 u = PARK WAY HASH S7 +� `°`-� Il 1 Z ST - m APOUO 47 >.9 METRO GREEN LINE �� ; o D CONTINENTAL OULEY RO c m -1 WY (PRIVATE a s 2 CORAL � fe r y REDONDOAVE DOUGldS CIR OOVGlAS < I r' a HORNET VAT OI __q Eo31 Cit oundo m A T D IF R FrI AVIATION I'If-'17'f 41I'(�'III III�jI 'IIf'r�III� I1III ^VIII BLVD I m � � IIPpI ISIS AVE cl, 1 F ` Ull n C IENEOq I D .y SAN DIEGO 8CV0 Z j O CITY OF HAWTHDRNE FWY LOS ANGELES COUNTY r rn I y � i y cN N D D n_ () —� 71 o Z �I n :-4 N m n D I z M -n � d D m sl:N W..t CITY Eke. c.Y- -\ v -n \ a +•n r ruccA sL oES� P i� m 1 L! NIL RE T ^5 ST o ♦1 MILLCREST ST I m MEr n VALLEY a o i ---- = LOMA z r m Q O LOYA VISTA ST ®el�_J]®��® i WHITING ST BI.JBE] Ello11 ' VIRGINIA ST B BB R .v n J ;= �u CONCORD ST B ®EI�❑ PL . �& ��.. A RICHMOND ST r 8 EEE� ] EB 3 = PAIN ST u U = PE ►PE STANDARD A a R R = eB F� ❑❑ N O n fA •RENA S a CY ^9A IM m SNELDON SL ®� ❑ r I e G PENN S7 N BLANCHE R6 ®® � C CART GT. SIERRA S T u LOYITL Z a LOMITA ST ®� ^... r" FLOURNEY R0. I 9 1`�JI I+1 e T MARYLAND ST r r RI T BUNGALOW OR. ❑�� Q y a CENTER ST. LAUREL AVE' A �� PACIFIC AVE NEVADA SL MAPLE AVE 1 a OREGON ST C CALLED S n PALM AVE+ u CALIFORNIA 52 r -I POINSETTIA KANSAS ST AVE. � WALNUT I WASHINGTON ST PINE AVE= O T ELY AVE. _ ILLINOIS W O AK AVE I W T 3 S R IS W INDIANA ST N 0 O m CT a DSEPULVEDA Y T35 14W m r = N I O r = ti 4 G J n= BLVD. 1RPORT S SELSY ST T a z a 2 Z \ ALLIED N o .- HUGHES WAY S m (PRIVATE) K r BID ' WAY 4� CONTRIE 7AL N D I � cI�1 u = PARK WAY HASH S7 +� `°`-� Il 1 Z ST - m APOUO 47 >.9 METRO GREEN LINE �� ; o D CONTINENTAL OULEY RO c m -1 WY (PRIVATE a s 2 CORAL � fe r y REDONDOAVE DOUGldS CIR OOVGlAS < I r' a HORNET VAT OI __q Eo31 Cit oundo m A T D IF R FrI AVIATION I'If-'17'f 41I'(�'III III�jI 'IIf'r�III� I1III ^VIII BLVD I m � � IIPpI ISIS AVE cl, 1 F ` Ull n C IENEOq I D .y SAN DIEGO 8CV0 Z j O CITY OF HAWTHDRNE FWY LOS ANGELES COUNTY r rn I y � i y cN EL SEGUNDO CITY COUNCIL MEETING DATE: February 3, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Committees, Commissions and Boards AGENDA DESCRIPTION: Consideration and possible action to reappoint Sandra Jacobs, Mayor Pro Tem, to a new four year term as Trustee on the Los Angeles County West Vector Control District. RECOMMENDED COUNCIL ACTION: 1) Re- appoint Sandra Jacobs to a new four year term as a Trustee on the Los Angeles County West Vector Control District Board of Trustees; 2) Direct city clerk to send a letter to the District's executive director confirming the appointment date and vote of the city council; 3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: In 1915 the California Legislature adopted the "Mosquito Abatement Act" which has been incorporated into the State Health and Safety Code (H &S) as Chapter 5 of Division 3. This formed the basis for the creation, governing powers, and functions of mosquito abatement and vector control districts, whose primary objective is to preserve or create an environment favorable to humans and animals by lessening the effect that mosquitoes and other vectors have upon our lives. The Los Angeles County West Vector Control District (District) was formed in 1944. Today, the District covers approximately 600 square miles, contains 23 cities and unincorporated territory of the County of Los Angeles, and provides services for 3,166,000 people. The District includes the cities of Agoura Hills, Beverly Hills, Calabasas, Culver City, El Segundo, Hawthorne, Hermosa Beach, Hidden Hills, Inglewood, Lawndale, Lomita, the westerly portion of Los Angeles City, Malibu, Manhattan Beach, Palos Verdes Estates, Rancho Palos Verdes, Redondo Beach, Rolling Hills, Rolling Hills Estates, Santa Monica, Torrance, West Hollywood, Westlake Village, and unincorporated territory of the County of Los Angeles. The District is governed by a Board of Trustees. Each city and county within the boundaries of the District is allowed to have one representative each on the Board. Said representative shall be an elector of the city from which he /she is appointed and a resident of the city which is in the district. This appointment is made by the governing body, either the city council or county board of supervisors. The El Segundo City Council appointed Sandra Jacobs to her first two-year term as a Trustee on February 20, 2001, which term expired February 1, 2003. The California Health & Safety Codes provide for the continued representation and requires that Sandra Jacobs be nominated by a Council member for a new four year term as a trustee on the Los Angeles County West Vector Control District Board of Trustees. A majority vote of the Council is required for reappointment. ATTACHED SUPPORTING DOCUMENTS: Letter from LA County West Vector Control District. FISCAL IMPACT: none ORIGINATED: . !, 4a � is O. Abreu, Executive Assistant DATE: 01/27/04 REVIEWE BY: DATE: 01kT 104 ary enn, City Manager 1J Los Angeles County West Vector Control District 6750 Centinela Avenue, Culver City, California 90230 (310) 915 -7370 FAX (310) 915 -9148 BOARD OF TRUSTEES ROBERT SAVISKAS Esecutwe Director rra.sa, HAROLD HOFMANN lawadale January 14, 2003 race Pherideet JOAN YACOVONE Agoura Frills The Honorable Mike Gordon Mayor of the City of El Segundo JOHN Mc A716GART 350 Main St Rancho Palos Verdes El Segundo, CA 90245 -0989 BILL AILOR Re: Reappointment of Sandra Jacobs as Trustee on the Los Angeles County West Palos Verdes Estates Vector Control District RICHARD ALEXANDER Culver City Dear Mayor Gordon: BARBARA BARSOCCHINI Malibu This letter is to advise you that Sandra Jacobs needs to be reappointed by your city KEN BLACKWOOD LMits council to a new four (4) year term as a Trustee on the Board of the Los Angeles RON COOPER County West Vector Control District. Mrs. Jacobs term expired on February 1, 2003 Ma°b'"'° Dneb and was not caught by our staff at the time. The District apologizes for the oversight. LOREN DeROV Even though Mrs. Jacobs' term had expired to 2003, the California Health & Safety RdlmgFmis Codes have accommodations for this very occurrence which allows her to continue to S.W. DiSALVO Beverly FSOs act as your representative, as she did, on a day - today basis until reappointed THOMAS C. DULL City of Les Angeles The reappointment procedure is as follows: THEODORE T. FORTIER, D.D.S. County 1. At the next regularly scheduled city council meeting, Sandra Jacobs' name NANCY GRE N Santa Monica would be nominated by one of your council members for a new four (4) year term as a trustee on the Los Angeles County West Vector Control District sAN E3 Segundo 065 Board of Trustees. PATRICIA A. MAC NEIL 2. A vote is then taken confirming the reappointment. A majority vote is County required for reappointment MICHAEL MAUNO 3. The city clerk would then send a letter to the District's executive director Torrance confirming the appointment date and vote of the city council. BARBARA RAUCH Rolling 16119 Estates If you have any questions, please do not hesitate to contact me at (310) 915 -7370 ext 223. / Sincerely, / 116b_ert Saviskas Executive Director Cc: Mary Strenn Sandra Jacobs 101 :i r 0 z Q LL Z m 7 CD U W W 0 LL u) OZ U cr 3 9 w W U) W e N n 0 d' C t0 W IL W O to a Q 0 a Q LL O w ❑ M ry m cc °c N 0 m 10 p m W 0 m 1 p m m N Ql 1 10 0 0 C,4 N N m O m 10 Nm O W ' .-w 10 (p m O, 1 0 0 0 0 O f ' m 0 10 0 0 0 m W to0W N f� W t7 m OaDm S N aLn m ailri n ' N co m m 0 0 0 0 0 .�- N R O o' O O p' O p' co O O O O 117 O � � � � � .- � � � � � � � �- N O Al 010 h O tD 10 1� n n n N m m N K O ce 3 W O W I C O O Z y 1- O Z W d F z �g da J W O a G U 04 O O W Z W W gn 40 to o c o W W m {I S = S u u u w 0 0 0 � O O O O > > > z U� a' w W N Q _ N C C 0 Q m A a uj o, ici m' is E U T _ m p N a chi c m �: U 2 m o m ad a.'T � a o v d E a n Q C € N o O O O F N � U d 10 S. a cn c a J3 n m u o= U E k YI C N q ❑ w � Ol � U y C� y 0 vii U m C C C C O m O W m O E m I A CO � N in W C o X m— 0 p N E 12 v .0 aav nm Cl) 0. v' W U O G 0 d c > E £ m w > a c U u m E axi E- u U m W 10 0' aci d w ' a m m N iO O N> A �O > E .2 G CL E -' c in i. 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O1U E b m Q O F W MQ Q O C E U `o £ ? ` ay u m n m-0 0m LL� m o o A � � a Q o O LL O O N 0 ` a U) L O0 ¢D ¢ ❑ LL w O $ o O u 8 u u 9 Q U U LL U cr LL ¢ m 2 0 ❑ 18) k" C CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 1/9/2004 THROUGH 1/23/2004 Date Payee Amount 1/9/04 Health Comp 2,534.39 1/12/04 West Basin 734,930.65 1/15/04 US Bank 115,103.44 1/15/04 Employment Development 33,842.45 1/15/04 IRS 172,502.11 1/13/04 PGC El Segundo LLC 28,540.27 1/22/04 Health Comp 3,039.51 1/9- 1/16/04 Workers Comp Activity 39,544.83 DATE OF RATIFICATION: 2/3/04 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: Ce Dep ty Trea�Lrer Director of Administrative Servi City Manager ool' " -r 1,130,037.65 Ilan - %y Date Date ' Date Description Weekly claims 1/2 H2O Payment ABAG Payment State Taxes PR 15 Federal Taxes PR 15 Golf Course Payroll Transfer Weekly claims 1/16 SCRMA checks issued 1,130,037.65 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 1 8.J MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 20, 2004 — 5:00 P.M. CALL TO ORDER — Mayor Gordon at 5:00 P.M. ROLL CALL Mayor Gordon Present Mayor ProTem Jacobs Present Council Member Gaines Absent Council Member McDowell Present Council Member Wernick Present CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 4 matters. City Attorney Mark Hensley announced the following: 1. Bressi v. City of El Segundo, LASC No. BC 288292 2. Bressi v. City of El Segundo, LASC No. BC 288293 3. Haffley v. City of El Segundo, LASC No. YC045092 4. Imazaki v. City of El Segundo, LASC No. YC47980 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter. City Attorney Mark Hensley announced the following: DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — None CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — None SPECIAL MATTERS — Council moved into open session at 6:59 P.M. MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 20, 2004 PAGE NO 1 184 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 20, 2004 — 7:00 P.M. CALL TO ORDER — Mayor Gordon at 7:00 P.M. INVOCATION — Fr. Kevin Taylor of Saint Michael, the Archangel Episcopal Church PLEDGE OF ALLEGIANCE — Mayor Pro Tern Sandra Jacobs PRESENTATIONS — (a) Mayor Pro Tem Jacobs presented commendations to the Recipients of the 2003 Lighting Up the Community Program and to the Judges, Park Vista Jetsetters, and their able driver, Virginia. (b) Council Member Wernick presented a Certificate of Recognition to Chris Amorino, the El Segundo Police Officer of the Year 2003. (c) Mayor Gordon announced the City of El Segundo's 87th Anniversary celebration and return of Farmer's Market to the newly renovated Downtown to be held on Thursday, January 22, 2004 at 4:45 p.m. at Farmer's Market. ROLL CALL Mayor Gordon Present Mayor ProTem Jacobs Present Council Member Gaines Absent Council Member McDowell Present Council Member Wernick Present PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. Joe Brandin, resident, requested an explanation regarding item 3, block grant funds. Dan Erhler, Executive Director Chamber of Commerce, spoke regarding item 21, reinstallation of the stepping stones, and item 22, Los Angeles Air Force Base Regional Alliance. Juli Potter, resident, spoke regarding item 21, reinstallation of the stepping stones, item 15, curb and sidewalk work, item 10, medical care employer contribution, item 11 medical care employer contribution, item 8, implementing Agency Shop Provisions with Teamsters Local 911. MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 20, 2004 AGE NO 2 Liz Garnholz, resident, requested clarification of item 8, implementing Agency Shop Provisions with Teamsters Local 911, item 9, continuing appropriations, item 10, medical care employer contribution, item 11, medical care employer contribution, and item 21, reinstallation of the stepping stones. Thanked Council for addition of stop signs at Virginia /Grand and Franklin /Main. Was opposed to giving the Los Angeles Air Force Base Regional Alliance funding. Kitty Crowley, requested an explanation regarding item 13, Recreation Park Parking Lot Improvements. Also spoke in opposition to item 22, contribution to the Los Angeles Air Force Base Regional Alliance effort. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOVED by Council Member McDowell, SECONDED by Council Member Wernick to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. B. SPECIAL ORDERS OF BUSINESS Consideration and possible action (Public Hearing) regarding a proposed amendment to the El Segundo Municipal Code (ESMC) Section 14 -1 -12 and 14 -2 -7 to revise the Subdivision Regulations to add provisions to allow a stay of an approved tentative map while litigation is pending on a project. Applicant: TPG -E1 Segundo Partners, LLC. Council Member Wernick left the dais due to a potential conflict regarding her husband's employer. Mayor Gordon stated this is the time and place hereto fixed for a public hearing regarding a proposed amendment to the El Segundo Municipal Code (ESMC) Section 14 -1 -12 and 14- 2-7 to revise the Subdivision Regulations to add provisions to allow a stay of approved tentative map while litigation is pending on a project. Applicant TPG -El Segundo Partners, LLC. City Clerk Mortesen stated that proper notice was completed and no written communications had been received in the City Clerk's Office. Council Member Wernick left the dais due to a potential conflict regarding her husband's employer. Mark Hensley, City Attorney, gave a report. Tom Ricci, Senior Vice- President,Thomas Property Group, spoke regarding the proposed amendment and requested Council approval. Brian Crowley, resident and representative of CAGES, spoke against the proposed amendment to the El Segundo Municipal Code. MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 20, 2004 PAGE NO. 3 186 Juli Potter, resident, spoke against the proposed amendment to the El Segundo Municipal Code. Council consensus to close the public hearing. City Attorney Mark Hensley read the following: RESOLUTION NO. 4356 A RESOLUTION OF THE CITY COUNCIL APPROVING ENVIRONMENTAL ASSESSMENT NO. 630 AND ZONE TEXT AMENDMENT NO. 03 -3 MOVED by Council Member McDowell, SECONDED by Mayor Pro Tern Jacobs to adopt Resolutions No. 4356, approving Environmental Assessment No. 630 and Zone Test Amendment No. 03 -3 amending sections of the El Segundo Municipal Code to add provisions allowing a stay of an approved tentative map. MOTION PASSED BY UNANIMOUS VOICE VOTE. 3/0. COUNCIL MEMBER GAINES ABSENT AND COUNCIL MEMBER WERNICK NOT PARTICIPATING DUE TO A POTENTIAL CONFLICT. City Attorney Mark Hensley read the following: ORDINANCE NO. 1371 AN ORDINANCE AMENDING SECTIONS OF THE EL SEGUNDO MUNICIPAL CODE TO ADD PROVISIONS ALLOWING A STAY OF AN APPROVED TENTATIVE MAP (ZONE TEXT AMENDMENT NO. 03 -3) Mayor Pro Tern Jacobs introduced the Ordinance. 2. Consideration and possible action (Public Hearing) regarding uniform newsrack locations and type of newsracks to be installed on Main Street and Grand Avenue in the Downtown Specific Plan (DSP) area. Mayor Pro Tern Jacobs left the dais and did not participate in Item 2 due to a potential conflict regarding her income property on Main Street. Mayor Gordon stated this is the time and place hereto fixed for a public hearing regarding uniform newsrack locations and type of newsracks to be installed on Main Street and Grand Avenue in the Downtown Specific Plan (DSP) area. City Clerk Mortesen stated that proper notice was completed and no written communications had been received in the City Clerk's Office. Jim Hansen, Community, Economic and Development Services Director, gave a report. Liz Garnholz, resident, commented on the newsracks presently located on Sepulveda Boulevard. Council consensus to close the public hearing. MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 20, 2004 PAGE NO 4 181 Council Member Wernick expressed her objection to the design and type of newsrack but not the location and placement of the racks. City Attorney Mark Hensley read the following: RESOLUTION A RESOLUTION ADOPTED PURSUANT TO EL SEGUNDO MUNICIPAL CODE §9 -4 -10 ESTABLISHING UNIFORM NEWSRACK LOCATIONS. MOVED by Council Member McDowell, SECONDED by Mayor Gordon to adopt the Resolution establishing uniform newsrack locations. MOTION FAILED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR GORDON AND COUNCIL MEMBER MCDOWELL; NOES: COUNCIL MEMBER WERNICK; NOT PARTICIPATING MAYOR PRO TEM JACOBS; ABSENT: COUNCIL MEMBER GAINES. 2/1/1/1 Council consensus to reagendize this item for the next City Council meeting. Mayor Pro Tern Jacobs returned to the dais. 3. Consideration and possible action (Public Hearing) to select the City of San Fernando, a CDBG participating city within the Los Angeles Urban County Community Development Block Grant Program, to exchange the City of El Segundo's unallocated Community Development Block Grant (CDBG) funds totaling $97,095 at an exchange rate of $0.67 per CDBG dollar, for a total of $65,054 in General Revenue Funds. Mayor Gordon stated this is the time and place hereto fixed for a public hearing to select a CDBG participating city within the Los Angeles Urban County Community Development Block Grant Program, to exchange the City of El Segundo's unallocated Community Development Block Grant funds totaling $97,095 at an exchange rate of $0.67 per CDBG dollar, for a total of $65,054 in General Revenue Funds. City Clerk Mortesen stated that proper notice was completed and no written communications had been received in the City Clerk's Office Mary Strenn, City Manager, gave a report. Tina Gall, CDBG Program Manager, gave a report. MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 20, 2004 PAGE NO 5 • • • Ms. Gall stated that after distribution of the agenda packet, additional offers in excess of the recommended $0.67 per dollar exchange rate were received from the City of West Hollywood ($0.75). The City of San Fernando submitted a revised offer of $0.78. Staff recommends that the agreement and Resolution be modified to reflect the $0.78 per dollar exchange rate from the City of San Fernando. Joe Brandin, resident, requested clarification of the administrative costs associated with the CDBG funds. Liz Garnholz, resident, requested clarification of use of the funds for the Residential Sound Insulation Program. Also spoke regarding the Brown Act requirements. Council consensus to close the public hearing. City Attorney Mark Hensley read the following: RESOLUTION NO. 4357 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND THE CITY OF SAN FERNANDO, REGARDING THE EXCHANGE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (CDBG) FOR THE FISCAL YEAR 2003 -2004 MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member McDowell to adopt Resolution No. 4357 approving Agreement No. 3297 between the City of EL Segundo and the City of San Fernando, regarding the exchange of Community Development Block Grant Funds (CDBG) for the fiscal year 2003 -2004. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. 4. Consideration and possible action (Public Hearing) on the proposed projects and budget for the 2004 -2005 Community Development Block Grant (CDBG) Program Year. Estimated CDBG budget allocation for Program Year 2004 -2005 is $109,000. Mayor Gordon stated this is the time and place hereto fixed for a public hearing on the proposed projects and budget for the 2004 -2005 Community Development Block Grant (CDBG) Program Year. Estimated CDBG budget allocation for Program Year 2004 -2005 is $109,000. City Clerk Mortesen stated that proper notice was completed and no written communications had been received in the City Clerk's Office Tina Gall, CDBG Program Manager, gave a report. Liz Garnholz, resident, requested clarification of where funds were coming from. Council consensus to close the public hearing. MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 20, 2004 PAGE NO 6 189 MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member Wernick to adopt the new 2004 -2005 CDBG projects and budget, including the appropriation of $46,250 of unallocated General Fund monies. Authorize the City Manager to execute the contracts, in a form approved by the City Attorney, with the Los Angeles County Community Development Commission, and with all sub - recipients receiving CDBG funds. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 5. Consideration and possible action on a recommendation from the Homeland Security Sub - committee to streamline the current City policy regarding grant applications allowing staff to apply for specific grant funds prior to seeking City Council approval. Fiscal Impact: None Mary Strenn, City Manager, gave a report. MOVED by Council Member Wernick, SECONDED by Mayor Pro Tern Jacobs to authorize the City Manager to approve application for certain grant funding in which the required response time supercedes the time required to seek formal Council approval CDBG funds. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 6. Approved Warrant Numbers 2537902 to 2538257 on Register No. 6 in the total amount of $2,543,375.15 and Wire Transfers from 12/6/2003 through 12/23/2003 in the total amount of $1,322,827.91 and Warrant Numbers 2538258 to 2538475 on Register No. 7 in the total amount of $1,133,186.46 and Wire Transfers from 12/24/2003 through 1/8/2004 and authorized staff to release. 7. Approved City Council Meeting Minutes of December 16, 2003. 8. PULLED FOR DISCUSSION BY MAYOR GORDON AT THE REQUEST OF THE PUBLIC 9. PULLED FOR DISCUSSION BY MAYOR GORDON AT THE REQUEST OF THE PUBLIC 10. PULLED FOR DISCUSSION BY MAYOR GORDON AT THE REQUEST OF THE PUBLIC MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 20, 2004 PAGE NO 7 lJo 11. PULLED FOR DISCUSSION BY MAYOR GORDON AT THE REQUEST OF THE PUBLIC 12. Adopted Infrastructure and Capital Asset Capitalization Policy related to the implementation of Governmental Accounting Standard Board (GASB) Statement 34.Authorize the Director of Administrative Services to amend, if necessary, the City's Infrastructure and Capital Asset Capitalization Policy to comply with Governmental Accounting Standards Board changes. 13. PULLED FOR DISCUSSION BY MAYOR GORDON AT THE REQUEST OF THE PUBLIC 14. Approved the acceptance of $65,383.00 in grant funding from the U.S. Department of Homeland Security (DHS), Urban Area Security Initiative (UASI) grant program. 15. PULLED FOR DISCUSSION BY MAYOR GORDON AT THE REQUEST OF THE PUBLIC 16. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 17. Adopted a Resolution No. 4358 amending Resolution No. 4162 regarding 4 -way stop signs at the Main Street/Franklin Avenue and Grand Avenue/Virginia Street intersections. 18. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member McDowell to approve Consent Agenda Numbers 6, 7, 12, 14, and 17. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT AND MAYOR PRO TEM JACOBS NOT PARTICIPATING ON ITEM 17 DUE TO THE LOCATION OF HER INCOME PROPERTY. CALL ITEMS FROM CONSENT AGENDA 8. Consideration and possible action regarding an agreement between the City of El Segundo and California Teamsters Local 911 Implementing Agency Shop Provisions. MOVED by Council Member Wernick, SECONDED by Council Member McDowell to approve Letter Agreement No. 3298 with California Teamsters Local 911 implementing Agency Shop Provisions. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 20, 2004 PAGE NO. 8 1J1 9. Consideration and possible action regarding annual approval of funds prior year Continuing Appropriations. MOVED by Council Member Wernick, SECONDED by Council Member McDowell to approve annual funds prior year Continuing Appropriations. 10. Consideration and possible action regarding the Resolution establishing the employer's contribution under the Public Employees' Medical and Hospital Care Act for the Police Manager's Association, a newly formed bargaining group. MOVED by Council Member Wernick, SECONDED by Council Member McDowell to approve Resolution No. 4359, allowing Police Managers Association to participate in the Public Employees' Medical and Hospital Care Act and fixing the employer's contribution. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. 11. Consideration and possible action regarding the annual Resolution updating the employer's contribution under the Public Employees' Medical and Hospital Care Act. MOVED by Council Member Wernick, SECONDED by Council Member McDowell to adopt Resolution No. 4360 updating the employer's contribution for Supervisory and Professional Employees' Association under the Public Employees' Medical and Hospital Care Act. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. 13. Consideration and possible action regarding approval of a $38,000 professional services agreement with Harris & Associates to provide construction documents and specifications for the Recreation and Park Parking Lot Improvement Project (Phase 1 &2) totaling $510,000. MOVED by Council Member McDowell, SECONDED by Mayor Pro Tem Jacobs to approve Professional Services Agreement No. 3299 with Harris & Associates to provide construction documents and specifications for the Recreation and Park Parking Lot Improvement Project (Phase 1 &2) totaling $510,000. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. 15. Consideration and possible action to amend the Civil Works Corporation Annual Contract (3212) for an additional amount of $26,010 for curb and sidewalk repair work. MOVED by Council Member McDowell, SECONDED by Council Member Wernick to approve amendment to Contract No. 3212 for an additional amount of $26,010 for curb and sidewalk repair work. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 20, 2004 PAGE NO 9 192 16. Consideration and possible action regarding adoption of plans and specifications for the El Segundo Skateboard Park located at 405 Grand Avenue — Approved Capital Improvement Program (Estimated cost = $379,800). Council consensus to carry item over to the February 3, 2004 City Council meeting. 18. Consideration and possible action regarding addendum to Professional Services Agreement contract for Marcus Lubba, coach for swim team and swim programs. MOVED by Council Member Wernick, SECONDED by Council Member McDowell to approve the addendum to Professional Services Agreement contract for Marcus Lubba, coach for swim team and swim programs. F. NEW BUSINESS 19. Consideration and possible action regarding introduction and first reading of an Ordinance adding Chapter 4 to Title 10 of El Segundo Municipal Code entitled "Skateboard Parks" granting the City specific immunity from liability associated with the operation of a skateboard park. City Attorney, Mark Hensley, gave a report. Mayor Gordon read the following: ORDINANCE NO. 1372 AN ORDINANCE ADDING A NEW CHAPTER 4 TO TITLE 10 OF THE EL SEGUNDO MUNICIPAL CODE, ENTITLED "SKATEBOARD PARKS ", AND CONSISTING OF SECTIONS 10 -4 -5 Council Member Wernick introduced Ordinance No. 1372 G. REPORTS — CITY MANAGER — Spoke regarding the State budget situation. H. REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — Gave election updates. J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Spoke regarding Hyperion mitigation measures. Requested staff prepare an update on mitigation measures. Reported on RFK reform and change. MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 20, 2004 PAGE NO 10 193 Council Member Wernick — Spoke on the State budget crisis. Reported on Hyperion issues. 20. Consideration and possible action to support a letter to the Los Angeles Area Advisory Committee ( LAXAAC) stating the City's endorsement of a LAXAAC resolution opposing the relocation of the southern runway at Los Angeles International Airport (LAX) 50 feet closer to El Segundo. MOVED by Council Member Wernick, SECONDED by Council Member McDowell to reiterate Council position that no plans regarding LAX improvements be done outside the Master Plan. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. Council consensus to postpone item until final analysis from City Consultant regarding runway relocation. Mayor Pro Tern Jacobs — Announced Aviation Issues Committee meeting. Reported on West Vector meeting. Mayor Gordon — Mayor Pro Tern Jacobs not participating and left the dais due to a potential conflict due to the location of income property. 21. Consideration and possible action regarding reinstallation of stepping stones of the El Segundo Chamber of Commerce program. MOVED by Mayor Gordon, SECONDED by Council Member McDowell to direct staff to set a date as soon as possible to reinstall the stepping stones to their former locations. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. Mayor Pro Tern Jacobs returned to the dais. 22. Consideration and possible action regarding the contribution of $20,000 towards the Los Angeles Air Force Base ( LAAFB) Regional Alliance's effort to prevent the closure of the facility as a result of the Base Realignment and Closure Commission (BRAC) process. MOVED by Mayor Gordon, SECONDED by Council Member McDowell to direct staff to appropriate and convey $20,000 to the LAAFB Regional Alliance. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT Requested staff agendize for the next Council meeting the formation of a Aquatic Task Force comprised of two Recreation and Parks Commission members and community members. MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 20, 2004 PAGE NO. 11 194 Also requested that individuals involved in the planning of the Skate Park be recognized at the next City Council meeting. PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. Peggy Tyrell, resident, spoke regarding the wording on the agenda description. Kathy Powers, former Farmer's Market vendor, craft section, was opposed to being asked to not participate in the Farmer's Market due to duplication of products. Stated she had not received fair treatment and placement by the Market Director. Eric Powers spoke regarding Farmer's Market policies. Karl Powers, spoke regarding Farmer's Market policies. Jim Boulgarides, resident, spoke regarding the Hyperion Committee and cooperation by the management of Hyperion. Joe Brandin, resident, spoke regarding the replacement of the stepping stones. Liz Garnholz, resident, spoke regarding continuing appropriations and Airport issues. Juli, Potter, resident, spoke regarding the replacement of the stepping stones. MEMORIALS — In memory of long time residents Juanita Shoaff, Anne Armstrong, Miriam Pine Madray and Dorothea Fitzgerald. CELEBRATION — Kayla and Robert Check celebrated the birth of their son, Christian Kekoa Check. ADJOURNMENT at 9:55 p.m. Cathy Domann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 20, 2004 PAGE NO 12 195 EL SEGUNDO CITY COUNCIL MEETING DATE: February 3 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding an Ordinance and a Resolution of Intention to approve an amendment to contract between the Board of Administration of the California Public Employees Retirement System and the El Segundo City Council providing 4th level of 1959 Survivor Benefits for the members of the El Segundo Firefighters Association. RECOMMENDED COUNCIL ACTION: 1) Provide for the first reading of the Ordinance 2) Adopt the Resolution 3) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: On November 5, 2003, the City Council approved a tentative agreement and entered into a five -year Memorandum of Understanding with the El Segundo Firefighter's Association. The tentative agreement included a modification to Article 2.14 of the comprehensive Memorandum of Understanding which would provide Section 21574 (Fourth Level of 1959 Survivor Benefits) for the City's local fire members. The El Segundo Police Officers Association membership currently is eligible for this benefit. - continued on next page - ATTACHED SUPPORTING DOCUMENTS: 1) Ordinance 2) Resolution of Intention 3) PERS Exhibit — Amendment to Contract FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes X No ORIGIypTED: DATE: January 20, 2004 Bret M. Plumlee, Director of Administrative Services REVIEWED BY: DATE: Mary S renn, City Manager agenda 516 19 ) 7 BACKGROUND & DISCUSSION (continued): Reading of the Ordinance and adoption of the Resolution of Intention is required in order to initiate the amendment to the contract between the Board of Administration of the California Public Employees Retirement System (PERS) and the El Segundo City Council. Government Code Section 7507 requires that the future annual costs of the proposed contract amendment be made public at a public meeting of the El Segundo City Council at least two weeks prior to the second reading and adoption of the final ordinance. PERS recommends that the following information be disclosed: 1) Annual Employer Normal Cost (first year only) $ 3410 2) 5 -year amortization of unfunded /excess liability payment $ (4624) 3) Employer cost each year for the next five years -0- The employer normal costs rate for the Fourth Level of 1959 Survivor Benefits is $4.90 per month, per covered member, subject to annual change. Annual payments may vary depending on the funding reserve level of the statewide pool. In addition, members covered by the 1959 Survivor Benefits contribute $2.00 per month. Section 21574 — Fourth Level of 1959 Survivor Benefits This benefit provides a higher level of 1959 Survivor Benefits to survivors of a member of PERS who dies prior to retirement. The Association currently has the third level of 1959 Survivor Benefits. A spouse is eligible if he of she (1) has care of eligible children, or (2) is age 60 or older. Children are eligible if under age 22 and unmarried. The monthly allowance payable to eligible survivors under this section is as follows: Spouse with two or more eligible children; or three or more eligible children only ......... $2,280 Spouse with one eligible child; or two eligible children only ........... .........................$1,900 One eligible child only; or surviving spouse at age 60 or older or, dependent parents....$950 197 ORDINANCE NO. AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. The City Council of the City of El Segundo does ordain as follows: SECTION 1: The Attached Exhibit A, an amendment to the contract between the City Council of the City of El Segundo and the Board of Administration, California Public Employees' Retirement System, is approved and the Mayor is authorized to execute the amendment. SECTION 2: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. SECTION 3:This Ordinance will become effective on the thirty -first (31S) day following its passage and adoption. PASSED AND ADOPTED this day of , 2004. Mike Gordon, Mayor 198 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 , 2004, 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 , 2004, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk Karl H. Berger Assistant City, r - 199 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CTIY OF EL SEGUNDO WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21574 (Fourth Level of 1959 Survivor Benefits) for local fire members. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. Date adopted and approved Presiding Officer Title (Amendment) ^� CON -302 (Rev 4196) V A#,%,o�, Ca1PERS California Public Employees' Retirement System EXHIBIT AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of E1 Segundo The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective October 1, 1943, and witnessed August 25, 1943, and as amended effective November 1, 1947, August 1, 1949, July 1, 1950, November 1, 1955, September 1, 1958, March 9, 1959, November 7, 1964, October 19, 1968, December 11, 1971, July 20, 1974, July 19, 1975, January 3, 1976, July 16, 1977, June 3, 1978, February 6, 1982, April 3, 1982, January 1, 1992, June 27, 1992, May 15, 1993, January 8, 1994, January 19, 1996, April 4, 1997, October 13, 1997, October 7, 2000, December 18, 2000 and May 19, 2001 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective May 19, 2001, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 55 for local fire members, and age 50 for local police members. 201 -�,ASL G0 f 0T S N "EX BiT 2. Public Agency shall participate in the Public Employees' Retirement System from and after October 1, 1943 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and /or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 superseded this contract provision by providing that any such temporary and /or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994. 6. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service on and after July 1, 1956, the effective date of Social Security coverage, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full and Modified). 202 ,'i�hJE GO �'OT SIGN "E . ►EST O� 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local police member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 9. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624 and 21626 (Post- Retirement Survivor Allowance) for local safety members only. b. Section 21571 (Basic Level of 1959 Survivor Benefits) for local miscellaneous members only. C. Section 21222.1 (One -Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. d. Section 21222.2 (One -Time 5% Increase - 1971). Legislation repealed said Section effective January 1, 1980. e. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. f. Section 20042 (One -Year Final Compensation). g. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safety members only. 10. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 11. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. 203 C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 12. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the BOARD OF ADMINISTRATION f PUBLIC EMPLOYEES' RETIR ENT SYSTEM BY f „t KENNETH W. MARZfON, CHIEF ACTUARIAL & EJW'LOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AMENDMENT ER# 0039 PERS- CON -702A (Rev 8\02) day of CITY COUNCIL CITY OF EL SEGUNDO BY PRESIDING OFFICER Witness Date Attest: .v Clerk 204 EL SEGUNDO CITY COUNCIL MEETING DATE: February 3, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding a resolution providing for the delegation of authority from the City Manager to the Director of Administrative Services in the City of El Segundo Disability Retirement Procedures for members of the El Segundo Police Association, El Segundo Firefighters Association and the El Segundo Police Managers Association. RECOMMENDED COUNCIL ACTION: 1) Adopt the resolution; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On November 5, 2003, the City Council approved tentative agreements and entered into five year Memorandums of Understanding with the El Segundo Police Officers' Association and the El Segundo Firefighters' Association; subsequently on December 16, 2003 the City Council also approved a tentative agreement and entered into a five year Memorandum of Understanding with the El Segundo Police Managers' Association. The agreement with each of these three employee associations included an identical document entitled "City of El Segundo Disability Retirement Procedures for Local Safety Members." The procedures incorporate California Government Code Sections 21150, et seq., and 11500, et seq., apply to all sworn Police and Fire personnel serving the City of El Segundo, and detail both the process for the initial and final determinations of disability as well as the appropriate manner of appealing those determinations. - continued on next page - ATTACHED SUPPORTING DOCUMENTS: Resolution FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes x No ;0;R1IGATED: DATE. January 21, 2004 Bret M. Plumlee, Director of Administrative Services REVIEWED BY: DATE: Mary Strenn, City Manager agenda515 8 205 BACKGROUND & DISCUSSION: Approval of the attached resolutions is required in order to provide for the delegation of authority to the City Manager and the Director of Administrative Services for their respective roles in the City's disability retirement process. The agreed upon procedure provides that the Director of Administrative Services shall make the initial disability determination in a local safety member's disability retirement application and the initial determination on cancellation of a recipient's disability retirement allowance. The City Manager shall, except in the case where the matter is referred to the City Council for a decision, make the final decision of disability on a local safety member's disability retirement application, on behalf of the City as an employer. The City Manager shall also, except in the case where the matter is referred to the City Council for a decision, make the final decision on cancellation of a recipient's disability retirement allowance, on behalf of the City as an employer. The City Manager shall also procure an administrative law judge from the Office of Administrative Hearings, if a hearing is requested. 206 RESOLUTION NO. A RESOLUTION DELEGATING AUTHORITY FOR MAKING DISABILITY DETERMINATIONS TO THE CITY MANAGER AND ADMINISTRATIVE SERVICES DIRECTOR PURSUANT TO GOVERNMENT CODE § 21173. The City Council of the city of El Segundo does resolve as follows: SECTION 1: Pursuant to Government Code § 21173, the City Manager and Administrative Services Director are authorized to exercise the responsibilities and duties conferred and imposed by Article 6 to Chapter 12 of the Government Code (consisting of §§ 21150- 21176), entitled "Disability Retirement," subject to the conditions set forth below. SECTION 2: The Administrative Services Director ( "Director ") will make an initial determination regarding disability upon being presented with a disability retirement application. In addition, the Director will make an initial determination regarding cancellation of a recipient's disability retirement allowance. SECTION 3: Except where a matter is referred to the City Council for a decision, the City Manager, or designee, will make final decisions regarding disability retirement on the City's behalf. The City Manager, or designee, will also make a final decision regarding canceling a recipient's disability retirement allowance unless the matter is referred to the City Council for a decision. Further, the City Manager, or designee, is authorized to procure an administrative law judge from the Office of Administrative Hearings, if a hearing is requested. SECTION 4: This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this day of , 2004. Mike Gordon, Mayor 207 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 2004, 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 .2004. Cindy Mortesen, City Clerk Of the City of El Segundo, California APPROVED WT fi . Mark D. Hey ey,� ney:.� By: Karl H. Berger, Assistant City Attorney 208 EL SEGUNDO CITY COUNCIL MEETING DATE: February 3, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding proposed revisions to the qualifications sections of the Fire Captain, Battalion Chief and Battalion Chief- Administration class specifications. RECOMMENDED COUNCIL ACTION: 1) Approve the revised class specifications; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On November 5, 2003, the City Council approved a tentative agreement and entered into a five year Memorandum of Understanding with the El Segundo Firefighters' Association. Included in the tentative agreement were the following modifications to Article 3.08 of the Memorandum of Understanding, entitled "Promotional Examination Requirements ": - continued on next page - ATTACHED SUPPORTING DOCUMENTS: Fire Captain, Battalion Chief, and Battalion Chief- Administration class specifications. FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes x No ORIGINATED: DATE: Bret M. Plumlee, Director of Administrative Services REVIEWED BY: DATE: Mary Strenn, City Manager 2 "7agenda514 D 203 BACKGROUND & DISCUSSION: Article 3.08 PROMOTIONAL EXAMINATION REQUIREMENTS A. Effective July 1, 2003 Candidates for in -house Fire Captain promotional examinations shall be required to have 4 years firefighting experience and possess an AA or AS Degree, which includes a curriculum in Fire Science or 10 years of firefighting experience with the El Segundo Fire Department. If the promotional testing is declared to be open- competitive the requirements for outside candidates shall be equivalent to the educational requirements and /or equivalent to the time in rank in a full time professional fire department. B. Effective July 1, 2006 Candidates for in -house Battalion Chief promotional examinations shall be required to have eight (8) years experience in the fire service including 4 years as a captain and possess a Bachelors Degree or 10 years of service as a Fire Captain with the El Segundo Fire Department. If the promotional testing is declared to be open- competitive, the requirements for outside candidates shall be equivalent to the educational requirements and /or equivalent to the time in rank in a full time professional fire department. The "qualification" sections of the current Fire Captain, Battalion Chief and Battalion Chief - Administration class specifications have been revised in order that they are consistent with the new language in the Memorandum of Understanding. The practical effect of the revised qualification sections will be to potentially increase the number of candidates who will be eligible to participate in future testing processes for these job classifications. City of El Segundo, CA Job Description Job Code: 402 BATTALION CHIEF - ADMINISTRATION Definition: Under general direction, assists the Fire Chief in managing the Department and plans and manages the day -to -day administrative operations of the City's Fire Department providing administrative support to the Department, fire suppression, prevention, inspection, emergency medical services, disaster preparedness and hazardous materials programs. The classification of Battalion Chief — Administration may be staffed on a rotational basis, by incumbents with permanent status in the classification of Battalion Chief. The duration of the rotational assignment is determined by the Fire Chief. Essential Functions: Essential functions, as defined under the Americans with Disabilities Act, may include the following duties and responsibilities, knowledge, skills and other characteristics. This list of duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by positions in this class. Characteristic Duties and Responsibilities: Assists the Fire Chief in Department administration; reviews and develops Department policy and procedures; assists the Chief in developing the Department budget and monitors the budget; assists the Chief in day -to -day operations of the Department. Manages day -to -day operations and administration of designated programs in the Department; enforces Federal, State, local and City regulations, policies and procedures; participates in developing and monitors program budgets Conducts field inspections of fire, hazardous materials and emergency management operations; directs the preparation of activity reports, special reports and other communication. Participates in developing comprehensive plans to meet the City's future needs for fire, hazardous materials and emergency management services; manages and coordinates activities with those of other agencies; monitors and maintains appropriate City involvement in multi- jurisdictional matters. Provides leadership, program development, administration and coordination of designated Department operations, special projects and services; monitors for compliance with City and Department policy and procedures and Federal, State and local codes and regulations; serves as liaison with the community, professional groups and other external contacts and resources for the City. Develops goals and objectives for Department and individual training activities; identifies internal and external resources for providing training, maintains records and prepares reports, monitors individual career development plans. Coordinates Department operations with activities of other programs, departments or staff to ensure program delivery according to appropriate policies, procedures and specifications; confers with and advises staff and the public in providing advice, problem solving assistance, answers to questions and interpretation of Fire Department procedures, goals and policy. Participates in the development of the annual budget including personnel, training, equipment, materials requirements and capital improvements; makes revenue and expenditure projections, develops program budgets, monitors budget expenditures and authorizes purchasing; evaluates program costs. 2 1 o Resolves discrepancies or procedural problems and responds to administration and /or delivery questions ensuring necessary follow -up occurs; assists with, provides input and monitors Department records for operational and budget development and accountability; maintains records, conducts research and writes comprehensive reports; prepares and presents written and oral reports to other City departments, City Council, commissions, task forces, agencies and other groups. Directly and through subordinate supervisors, hires, directs work efforts and evaluates staff; provides for and /or conducts staff development; establishes work methods and standards; initiates corrective and /or disciplinary action and responds to grievances and complaints according to established personnel policies and procedures and in consultation with the Chief and Human Resources. Knowledge, Skills and Other Characteristics: Knowledge of principles, practices and techniques of fire prevention, suppression, inspection, hazardous materials and emergency management Knowledge of fire department administration and organization. Knowledge of municipal organization and administration. Knowledge of techniques and equipment used in fire fighting. Knowledge of labor relations, negotiations and labor law. Knowledge of adult learning principles. Knowledge of automated business computing systems. Knowledge of the principles and practices of effective leadership, management and supervision. Knowledge of project management principles and practices Skill in the conduct of all facets of fire management and fieldwork. Skill in program development, implementation and evaluation. Skill in developing and delivering professional and technical training. Skill in conducting complex procedural and statistical analyses. Skill in assessing objectives and operational requirements to develop and implement appropriate policies and procedures for the City and the Department. Skill in managing, developing, motivating and evaluating professional and support staff. Skill in managing special projects, activities and programs. Skill in conducting research and preparing clear, concise and comprehensive reports. Skill in understanding and applying complex regulations, procedures and guidelines. Skill in communicating effectively orally and in writing. Skill in the use of personal computers and office /financial related software in a Windows -based operating environment. Skill in working under pressure, handling significant problems and tasks that arise simultaneously and /or unexpectedly Skill in establishing and maintaining effective working relationships with staff, other City employees, and the public. Licensing /Certification Reauirements: EMT -1 Certification. State Chief Officer Certification or equivalent. California driver's license appropriate to equipment operated and a satisfactory driving record. Qualifications: Candidates for in -house Battalion Chief promotional examinations shall be required to have eight (8) years experience in the fire service including 4 years as a Fire Captain and possess a Bachelors Degree or 10 years of service as a Fire Captain with the El Segundo Fire Department. If the promotional testing is declared to be open- competitive, the requirements for outside candidates shall be equivalent to the educational requirements and /or equivalent to the time in rank in a full time professional fire department. (Bachelor's degree required effective July 1, 2006). 2 211 City of Ell Segundo, CA BATTALION CHIEF Job Description Job Code: 403 Definition: Under general direction, plans and manages designated operations of the City's Fire Department in providing fire suppression, prevention, inspection, emergency medical services, disaster preparedness and /or hazardous materials programs. Essential Functions: Essential functions, as defined under the Americans with Disabilities Act, may include the following duties and responsibilities, knowledge, skills and other characteristics. This list of duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by positions in this class. Characteristic Duties and Responsibilities: Positions in this classification typically perform a full range of duties at a level of complexity represented by the following types of responsibilities: Reviews and develops policy and procedures related to assigned function(s); assists the Chief in the efficient operation of the Department overall. Responds to and establishes the incident Command Post for a full range of emergency situations including fires, hazardous materials incidents, mass casualties, explosions, radioactive materials, entrapments, vehicle accidents, bomb threats, acts of civil disobedience and violence; responds to mutual /automatic aid to assist other jurisdictions; conducts field inspections of fire, hazardous materials and emergency management operations; directs the preparation of activity reports, special reports and other communication. Develops comprehensive plans to meet the City's future needs for fire, hazardous materials and /or emergency management services; manages and coordinates activities with those of other agencies; monitors and maintains appropriate City involvement in multi - jurisdictional matters. Provides leadership, program development, administration and coordination of designated Department operations, special projects and services; monitors for compliance with City and Department policy and procedures and Federal, State and local codes and regulations; serves as liaison with the community, professional groups and other external contacts and resources for the City. Identifies training needs; develops goals and objectives for Department and individual training activities; develops and delivers specific training programs applicable to all aspects of fire and Department related services; identifies external resources for providing training; maintains records and prepares reports; develop and monitor individual career development plans Coordinates designated Fire Department operations with activities of other programs, departments or staff to ensure program delivery according to appropriate policies, procedures and specifications; confers with and advises staff and the public in providing advice, problem solving assistance, answers to questions and interpretation of Department procedures, goals and policy. Participates in the development of the annual budget including personnel, training, equipment, materials requirements and capital improvements; makes revenue and expenditure projections, develops program budgets, monitors budget expenditures and authorizes purchasing; monitors and evaluates program costs. Resolves discrepancies or procedural problems and responds to program administration and /or delivery questions ensuring necessary follow -up occurs; assists with, provides input and monitors Department records for operational and budget development and accountability; maintains records, conducts research 212 and writes comprehensive reports; prepares and presents written and oral reports to other City departments, City Council, commissions, task forces, agencies and other groups. Directly and through subordinate supervisors, hires, directs work efforts and evaluates staff; provides for and /or conducts staff development; establishes work methods and standards; initiates corrective and /or disciplinary action and responds to grievances and complaints according to established personnel policies and procedures and in consultation with the Chief and Human Resources. Knowledge, Skills and Other Characteristics: Knowledge of principles, practices and techniques of fire prevention, suppression, inspection, hazardous materials and emergency management. Knowledge of fire department organization and management. Knowledge of techniques and equipment used in fire fighting. Knowledge of labor relations, negotiations and labor law. Knowledge of adult learning principles. Knowledge of automated business computing systems. Knowledge of the principles and practices of effective management and supervision. Knowledge of project management principles and practices. Skill in the conduct of all facets of fire management and fieldwork. Skill in program development, implementation and evaluation. Skill developing and delivering professional and technical training. Skill in conducting complex procedural and statistical analyses. Skill in assessing objectives and operational requirements to develop and implement appropriate policies and procedures for the City and the Department. Skill in managing, developing, motivating and evaluating professional and support staff. Skill in managing special projects, activities and programs. Skill in conducting research and preparing clear, concise and comprehensive reports. Skill in understanding and applying complex regulations, procedures and guidelines. Skill in communicating effectively orally and in writing Skill in the use of personal computers and office /financial related software in a Windows -based operating environment Skill working under pressure, handling significant problems and tasks that arise simultaneously and /or unexpectedly. Skill establishing and maintaining effective working relationships with staff, other City employees, and the public. Licensing /Certification Requirements: EMT -1 Certification. State Chief Officer Certification or equivalent. California driver's license appropriate to equipment operated and a satisfactory driving record. Qualifications: Candidates for in -house Battalion Chief promotional examinations shall be required to have eight (8) years experience in the fire service including 4 years as a Fire Captain and possess a Bachelors Degree or 10 years of service as a Fire Captain with the El Segundo Fire Department. If the promotional testing is declared to be open- competitive, the requirements for outside candidates shall be equivalent to the educational requirements and /or equivalent to the time in rank in a full time professional fire department. (Bachelor's degree required effective July 1, 2006). 213 Date Adopted:3 /16/93 CITY OF EL SEGUNDO FIRE CAPTAIN DEFINITION Under general supervision, plans, organizes, supervises and participates in fire related activities including suppression, prevention, and investigation; rescue and medical emergencies; performs related duties as required. CLASS CHARACTERISTICS This is the first line supervisory class in the fire safety class series reporting to a shift supervisor. During their assigned shift, the Captains are responsible for the supervision of an engine company in the response area designated for a given station. In addition to their supervisory responsibility, the Captains participate in the rendering of services and administer certain programs necessary to operation of the City as a whole EXAMPLES OF DUTIES Duties may include, but are not limited to, the following: 1. Supervises engine company personnel engaged in fire suppression, prevention, and investigation and the provision of rescue, emergency medical and other services provided by the Fire Department. 2 Responds to fire and other emergency calls; makes necessary decisions in emergency situations as regarding the deployment of Firefighters and equipment, fire suppression activities, emergency medical, and rescue procedures. 3. Conducts and supervises the inspection of commercial and industrial buildings to enforce fire codes and ordinances; identifies fire hazards, collects information, and participates in pre -fire planning processes. 4. Provides training through drills, classroom instruction, shift briefings and on the lob instruction; enforces department rules and regulations regarding employee conduct and performance; conducts performance evaluations and counsels employees; makes recommendations concerning disciplinary action; maintains personnel and other department records. 5. Directs and may participate in the cleaning, maintenance, and repair of fire equipment, apparatus, and facilities 6. Participates in on -going training and development activities to maintain current knowledge of technological advancements and other relevant information; may participate in special projects and perform staff assignments such as supply, maintenance, personnel, budget, etc. 7. Keeps subordinates and supervisors adequately informed of significant matters which affect their work, attitude, and morale; advises and consults with their immediate supervisor on a regular and on- going basis; interacts with the public at large. 8. Prepares timely and accurate reports and maintains company files in an up -to -date status as required; generates a monthly report for the immediate supervisor regarding work activities; assists in budget development regarding station maintenance and improvements. FIRE CAPTAIN Page 2 QUALIFICATIONS GUIDELINES Education and /or Experience Candidates for in -house Fire Captain promotional examinations shall be required to have four (4) years firefighting experience and possess an AA or AS degree, which includes a curriculum in Fire Science or 10 years of firefighting experience with the El Segundo Fire Department. If the promotional testing is declared to be open- competitive, the requirements for outside candidates shall be equivalent to the educational requirements and /or equivalent to the time in rank in a full time professional fire department. (Efective July 1, 2003) Knowledge. Skills. and Abilities Extensive knowledge of fire safety regulations; fire prevention laws and ordinances: firefighting principles and techniques; fire prevention principles and techniques; emergency medical service and rescue methods; Fire Department administration as may be relevant to work of a first line supervisor; local, state, and national fire safety codes and laws; building materials and construction; principles of combustion; local geography and major fire hazards of the City. Considerable knowledge of fire /arson investigation and case processing; supervisory practices; laws and court decisions regarding the rights of employees. Ability to supervise and prioritize the work of others; direct others in emergency situations; identify and evaluate target hazards; evaluate and adjust water flow; train others in fire prevention and suppression techniques; establish and maintain effective relationships; communicate effectively both verbally and in writing; understand written and verbal directions; maintain records and prepare reports. Special Requirements Possession of or ability to obtain a valid Class C California driver's license and a satisfactory driving record; current EMT certification, including CPR certification. Possession of a State Fire Officer Certification or completion of an A.A. or A.S. curriculum in Fire Science is desirable. Depending upon assignment a Class B California driver's license and a Driving Instructor Certificate may be required. fire:fire- cpt.wpci 214 EL SEGUNDO CITY COUNCIL MEETING DATE: February 3, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding adoption of an ordinance amending the El Segundo Municipal Code (ESMC) Section 14 -1 -12 and 14 -2 -7 to revise the Subdivision Regulations to add provisions to allow a stay of an approved tentative map while litigation is pending on a project. Applicant: TPG -El Segundo Partners, LLC. RECOMMENDED COUNCIL ACTION: 1) Second reading and adoption of Ordinance by title only; or, 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On January 20, 2004, the Council held a public hearing and adopted Resolution No. 4356 approving Environmental Assessment No. 630 for Zone Text Amendment No. 03 -3 (ZTA No. 02 -3). The City Council discussed a Zone Text Amendment Ordinance to allow revisions to the El Segundo Municipal Code to add regulations which would permit a stay of an approved tentative map while litigation is pending in a court of law on an approved project. If approved, the stay procedures would require a separate application for a stay to be filed with the Planning Commission acting as the decision making body on the stay application. The Council introduced the Ordinance and scheduled the second reading for February 3, 2004. The Ordinance is presented for a second reading and adoption. If adopted without change, the provisions will become effective in thirty days. ATTACHED SUPPORTING DOCUMENTS: Ordinance No. 1371 FISCAL IMPACT: None Operating Budget: NIA Amount Requested: N/A Account Number: NIA Project Phase: N/A Appropriate Required: _Yes x No ORIGINATED BY: DATE: //-"71' 4 sill. Hansen, Director of Community, Economic and Development Services BY: DATE: Mary Str n, City Manager �11_710"Ie PAPlanrnng & Building Safety\ PROJECTS \626 - 650 \Ea - 630 \EA- 630.ais 2nd.doc 10 21:) ORDINANCE NO. 1371 AN ORDINANCE AMENDING SECTIONS OF THE EL SEGUNDO MUNICIPAL CODE TO ADD PROVISIONS ALLOWING A STAY OF AN APPROVED TENTATIVE MAP (ZONE TEXT AMENDMENT NO. 03-3). The City Council of the City of El Segundo does ordain as follows: SECTION 1: The Council finds and declares that: A. On October 21, 2003, TPG -EI Segundo Partners, LLC submitted an application to amend the El Segundo Municipal Code ( "ESMC ") to add provisions which would allow an approved tentative map to be stayed during the length of time that a lawsuit involving the approved tentative map is or was pending in a court of law The application was reviewed by City's Department of Community, Economic and Development Services for, in part, consistency with the General Plan and conformity with the ESMC; B. In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA "), the regulations promulgated thereunder (14 Cal. Code of Regulations § §15000, et seq., the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); C. The Department of Community, Economic and Development Services completed its review and scheduled a public hearing regarding the application before the Planning Commission for January 8, 2004; D. On January 8, 2004, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Planning Commission by TPG -El Segundo Partners, LLC; and adopted Resolution No. 2558 recommending City Council approval of Environmental Assessment No. 608 for Zone Text Amendment No. 03 -1; E. On January 20, 2004, the City Council held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the City Council by TPG -EI Segundo Partners, LLC; and adopted Resolution No. 4356approving Environmental Assessment No. 630 for Zone Text Amendment No. 03 -3. F. The City Council considered the information provided by TPG -EI Segundo Partners, LLC, City staff, and public testimony. This Ordinance, and its findings, are made based upon the evidence presented to the City Council at its January 20, 2004 hearing including, without limitation, the staff reports submitted by the Department of Community, Economic and Development Services. SECTION 2• Factual Findings. The Council finds that the following facts exist: A. The applicant has requested an amendment to the Subdivision Regulations of the ESMC because a vesting tentative map that was approved for the applicant's 216 EL SEGUNDO CITY COUNCIL MEETING DATE: February 3, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to accept the traffic signal and intersection improvements for Sepulveda Boulevard at Grand Avenue and El Segundo Boulevard – Project No. PW 02- 15 - Approved Capital Improvement Program - (Final contract amount = $285,134.05). RECOMMENDED COUNCIL ACTION: Recommendation – (1) Approve Change Order No. 1 in the amount of $9,174.05; (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 September 26, 2000, the City of El Segundo and Caltrans executed a Co- operative Agreement to improve the Sepulveda Boulevard intersections with Grand Avenue and El Segundo Boulevard. These improvements are summarized below: (Background & discussion continued on the next page.......) ATTACHED SUPPORTING DOCUMENTS: 1. Notice of Completion. 2. Construction cost breakdown. 3. Location map. FISCAL IMPACT: Caltrans reimbursement of $131,161.67 Capital Improvement Program: $387,500.00 Amount Requested: $285,134.05 Account Number: 702 - 400 - 8141 -8948 Project Phase: Acceptance of work Appropriation Required: No ORIGJV� TEMr��� DATE: January 26, 2004 n, Interim Director 6M —ublic Works REVIE BY: DATE: Mary tren ity Manager 2' 7.,,/0 y 02 -03 -04 Accept the Traffic Signal and Intersection Improvements for Sepulveda Boulevard at Grand Avenue and El Segundo Boulevard - PW No 02 -15 ^ n H BACKGROUND & DISCUSSION: (continued) At Grand Avenue: Dual left turns for southbound Sepulveda Boulevard and westbound Grand Avenue; left turn arrow for eastbound Grand Avenue and reconstruction of the north -west corner of the intersection. At El Segundo Boulevard: Left turn arrow for eastbound El Segundo Boulevard. Pursuant to the completion of design and bidding, on August 6, 2002, the City Council awarded the construction contract in the amount of $275,960.00 to Excel Paving Company. Work started in September, 2002, and was temporarily suspended due to conflicts with existing Chevron oil lines on the east side of Sepulveda Boulevard. After several discussions with Chevron, the City and Caltrans jointly decided to proceed with the project by deleting work proposed for the eastside of Sepulveda Boulevard and by eliminating the proposed dual left turn lanes for southbound Sepulveda Boulevard. As detailed in the attached construction cost breakdown, the net increase to the contract is $9,174.05 resulting in several additions and deletions to the original scope or work. Caltrans 46% (per the Co- operative Agreement) share of the total cost of $285,134.05 is $131,161.67. The City share is $153,972.38. 02 -03.04 Accept the Traffic Signal and Intersection Improvements for Sepulveda Boulevard at Grand Avenue and El &Qundo Boulevard - P W No 02 -15 221 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 : Sepulveda Boulevard Intersection / Signal improvements at Grand Avenue and El Segundo Boulevard Project No : PW 02 -15 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that- 1. The undersigned is an officer of the owner of the interest stated below in the property hereinafter described 2. The full name of the owner is: City of El Segundo 3. The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245 4. The nature of the interest of the owner is: Caltrans intersections in City limits 5. A work of improvement on the property hereinafter described was field reviewed by the City Engineer on January 12, 2004. The work done was: Intersection and signal improvements 6. On February 3, 2004, 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: Excel Paving Company 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: Caltrans intersections. 9. The street address of said property is: N/A Dated: Bellur K. Devaraj 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 , 2004 at El Segundo, California. Bellur K. Devaral City Engineer MscellaneousWouce of Completion — PW No 02 -15— Sepulveda Boulevard '22 Sgnal Improvements at Grand Avenue and El Segundo Boulevard SEPULVEDA BOULEVARD - GRAND AVENUE SIGNAL IMPROVEMENTS (PROJECT PW 02 -15) CONSTRUCTION COST BREAKDOWN 1 Original Contract Amount: $275,960.00 2. Additions to Contract. (a) Potholing to locate Cheveron pipelines $7,56487 (b) Remove existing shrubs, PCC from meridian $2,235.00 (c) Install 2,320sf. paving stones in median at $9.90 /sf $22,968.00 (d) Removal of auto repair shop sign and light pole $3,273.00 (e) Excavation for sewer by pass and median improvement removal $1,831.00 (f) Rework of sewer by pass steel pipe by cutting and welding $4,237.16 (g) Restripe Sepulveda Blvd. at Rosecrans Ave. $722.15 (h) Add Ped. Head at Grand Ave. /Sepulveda Blvd. signal and replace 39 vehicle heads with LEDS $9,245.74 (i) Raise sewer manhole to grade $848.27 0) Reconstruct handicap ramp at northwest corner $2,699.65 (k) New 3" signal conduit/wiring across Grand Ave. east leg $15,466.00 (1) Emergency response to signal outage $8,00319 (two separate items) Additions Sub -total $79,094.03 3. Deletions to Contract: (a) Removal of southbound Sepulveda Blvd. median LS $2,705.00 (b) Delete installation of new signal pole and footing at northeast corner of Sepulveda Blvd. /Grand Ave LS $6,095.00 (c) Delete four street lite footings and conduit LS $3,310.00 (d) City furnished 300sf paving stones LS $440.00 (e) Reduction in the contract amount due to deletion of double left turn pockets for southbound Sepulveda Blvd. based on unit bid prices (reduced final quantities for bid items 2, 4, 9, 10, 12) $57,369.98 Deletions Sub -total $69,919.98 4. Net Additions to Contract (item 2 — item 3): $9,174.05 5. 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In o OF 1, a LL z O Q Q V W N V tL U O � a U Q N ° 224 0- EL SEGUNDO CITY COUNCIL MEETING DATE: February 3, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding introduction and second reading of an Ordinance adding Chapter 4 to title 10 of El Segundo Municipal Code entitled "Skateboard Parks" granting the City specific immunity from liability associated with the operation of a skateboard park. RECOMMENDED COUNCIL ACTION: 1) Second reading and adoption of Ordinance by title only; or, 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: In order to obtain legal protection from liability, public entities that own and operate skateboard parks must either supervise those parks or adopt an ordinance requiring skateboarders to use safety equipment. Since it is impractical for the City to supervise it skateboard parks, it must adopt an ordinance making it unlawful for skateboarders to use the skateboard park without protective gear. The proposed ordinance fulfills this requirement and directs that signs be posted notifying skateboarders that skateboarding is hazardous and safety equipment must be worn at the parks. California law gives the City immunity from certain types of recreational activities including, without limitation, horse back riding, boating, skiing, hang gliding, kayaking, rock climbing, surfing, white water rafting, and skateboarding. Such activities are referred to as "hazardous" recreational activities. ATTACHED SUPPORTING DOCUMENTS: Ordinance No. 1372 FISCAL IMPACT: Operating Budget: n/a Amount Requested: n/a Account Number: n/a Project Phase: Appropriation Required: _Yes _ No Stacia Mancini(,, Director of Recreation and Parks REVIEWED BY: Mary Strenn, Ci anager DATE: 11� 225 12 ORDINANCE NO. 1372 AN ORDINANCE ADDING A NEW CHAPTER 4 TO TITLE 10 OF THE EL SEGUNDO MUNICIPAL CODE ENTITLED "SKATEBOARD PARKS," AND CONSISTING OF SECTIONS 10 -4 -1 TO 10 -4 -5. The city council of the city of El Segundo does ordain as follows: SECTION 1: The City Council finds and determines as follows: A. Skateboarding is a growing youth- oriented recreational activity within the city of El Segundo. In recent years, specialized forms of skateboarding have become popular. These types of activities have resulted in undesirable secondary effects including, without limitation, damage to public and private property; increased dangers for vehicle traffic traveling on public and private roads; and impediments to the free flow of pedestrians using public property and common areas; B. To help reduce these secondary effects of skateboarding, and to provide a recreational opportunity for the City's youth, the City Council approved the construction of skateboard parks within the City; C. Skateboarding is a hazardous recreational activity which frequently results in physical injury and can result in death. The City Council believes that skateboarders should assume all risk associated with their activities, without burdening the City's taxpayers with liability for personal injuries; D. Skateboarding is a hazardous recreational activity as defined by Government Code § 831.7. In order to have the immunities offered by Government Code § 831.7, however, the City must comply with Health and Safety Code § 115800; E. The City Council finds that it is impractical to regularly supervise the City's skateboard parks and therefore chooses to adopt regulations mandating the use of safety equipment; F. The City Council believes that the age and skateboard activity limitations placed on the City's immunities by AB 1296 (Morrow) in 1997 and continued by SB 994 (Morrow) in 2002 are unwarranted and should be removed at the earliest opportunity; G. It is in the public interest to adopt this ordinance for the purpose of protecting the public health, safety, and welfare. Page 1 of 4 2 2 G SECTION 2: A new Chapter 4 is added to Title 10 of the El Segundo Municipal Code ( "ESMC ") to read as follows: "Chapter 4 SKATEBOARD PARKS 10 -4 -1: PURPOSE. 10 -4 -2: DEFINITIONS. 10 -4 -3: PROTECTIVE GEAR REQUIRED. 10 -4 -4: SIGNS. 10 -4 -5: VIOLATIONS. 10 -4 -2: PURPOSE. This chapter is adopted pursuant to the city's police powers and California Health & Safety Code § 115800, and any succeeding or related statutes, for the purpose of protecting the city from claims arising from use of public skateboard parks. Skateboarding is an inherently dangerous recreational activity and persons using skateboards should do so at their own risk. 10 -4 -3: 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. A. "Director" means the city of El Segundo's director of recreation and parks, or designee. B. "Skateboard Park" means city owned and operated property designated by the city council to be used for skateboarding purposes. 10 -4 -4: PROTECTIVE GEAR REQUIRED. Any person skateboarding at a skateboard park must wear protective equipment consisting of, at a minimum, a helmet, elbow pads, and kneepads. 10 -4 -5: SIGNS. A. The director will provide notice regarding the requirements of this chapter to individuals using the skateboard park by use of signs that state the following: Page 2 of 4 2 2 T "THIS SKATEBOARD PARK IS NOT SUPERVISED. SKATEBOARDING IS HAZARDOUS. THE EL SEGUNDO MUNICIPAL CODE REQUIRES PERSONS USING THIS SKATEBOARD PARK TO WEAR A HELMET, ELBOW PADS, AND KNEEPADS. FAILURE TO COMPLY IS UNLAWFUL." B. These signs must be posted in at least one (1) conspicuous location, be made of a durable material, and posted in a permanent manner. 10 -4 -6: VIOLATIONS. Violations of § 10 -4 -3 will be prosecuted as infractions in accord with § 1 -2 -1 of this code." SECTION 3: The City Manager, or designee, is directed to maintain a record of all known or reported injuries incurred by skateboarders in a skateboard park including, without limitation, a record of claims and lawsuits arising from any such incident in compliance with Health and Safety Code § 115800. These records must be Bled with the Judicial Council not later than January 30 of each year. The City Manager, or designee, is authorized to seek reimbursement from the state of California for the cost of maintaining such records pursuant to Government Code §§ 17500, et seq. without further City Council action. 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: 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. SECTION 6: This Ordinance will become effective on the thirty-first (31 st) day following its passage and adoption. Page 3 of 4 228 PASSED AND ADOPTED this day of , 2004. 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 , 2004, 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 , 2004, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED AS Mark D. Hensl , Ci By: Karl H. Berger Assistant City; Page 4 of 4 2 2 L) EL SEGUNDO CITY COUNCIL MEETING DATE: February 3, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding adoption of local goals and policies for the creation of Community Facilities Districts (CFD's) pursuant to the Mello -Roos Community Facilities Act of 1982. RECOMMENDED COUNCIL ACTION: 1. Discussion; 2. Reading of Resolution adopting local Community Facility District Goals and Policies; and /or, 3. Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: Staff is in the process of preparing an Environmental Impact Report for the proposed development of the 108 -acre property at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue that is owned by Honeywell and others. As part of the proposed project, there may be new public infrastructure that may need to be constructed. The Mello -Roos Community Facilities District Act provides one mechanism to enable cities to establish CFD's for the purpose of selling tax - exempt bonds to fund a wide variety of facilities and services required by the district. This includes public infrastructure, such as roads and bridges, which may be needed for the proposed project. Property owners in the district would pay a "special tax" to repay the bonds. (Continued on next page...) ATTACHED SUPPORTING DOCUMENTS: 1. Draft Resolution (with Attached Goals and Policies) 2. Mello -Roos information sheet FISCAL IMPACT: Operating Budget: N/A Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriation Required: Yes X No MIGINATED BY: UAI E: Janlres K4. Hansen, Director of Commun X1271 ,q Economic and Development Services REV1EMD BY: DATE: Mary Str ,City Manager P \Planning & Bwldmg Safery\PROJECTS \626- 650\EA- 63 1 \CFD Goals ais doc 230 13 STAFF REPORT: February 3, 2004 BACKGROUND & DISCUSSION: (cont.) Page 2 Before a City can establish a CFD, it must have adopted goals and policies concerning the use of the Mello -Roos Act. Currently the City does not have any in place. The proposed local goals and policies define the priorities for use of CFD's in the City, the bond credit quality requirements, disclosure requirements, equity of special tax formulas, appraisals, and other policies for the use of the Act. Adoption of such goals and policies does not obligate the city to create a CFD for the Honeywell property or any other project. It merely sets the ground rules that the City would use if a CFD were proposed in the future. P \Planning & Bwldmg Safety\PROJECTS \626- 650\EA -631 \CFD Goals ais doc 231 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO ESTABLISHING LOCAL GOALS AND POLICIES FOR MELLO -ROOS COMMUNITY FACILITIES DISTRICTS. BE IT RESOLVED by the Council of the City of El Segundo as follows: SECTION 1: The City Council finds as follows: A. The Mello Roos Community Facilities Act of 1982 enables cities, counties, special districts and school districts to establish Community Facilities Districts and to levy special taxes to fund a variety of facilities and services required by a specific development; and B. Community Facilities Districts may be established pursuant to Government Code § 53321; and C. Pursuant to Government Code § 53312.7(a), before a Community Facilities District may be formed, a city must consider and adopt local goals and policies for the implementation of the Mello Roos Community Facilities Act of 1982. SECTION 2: The City Council of the City of El Segundo adopts local goals and policies enabling the formation of a Mello -Roos Communities Facilities Districts in the future as provided in attached Exhibit "A" which is incorporated by reference. SECTION 3: The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original Resolutions; and makes a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting. SECTION 4: This Resolution will become effective immediately upon adoption and will remain effective until superseded by subsequent resolution or ordinance. PASSED, APPROVED and ADOPTED this 3rd day of February, 2004. Mike Gordon, Mayor of the City of El Segundo, California 2 3 * STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the whole number of members of the City Council of the City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 3rd day of February, 2004, and the same was so passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Cindy Mortesen, City Clerk 2 APPROVE Mark D. hk Karl H. Berger, Asst t City Attorney City Council Resolution No. EXHIBIT A CITY OF EL SEGUNDO LOCAL GOALS AND POLICIES FOR MELLO -ROOS COMMUNITY FACILITIES DISTRICT FINANCING INTRODUCTION Section 53312.7(a) of the California Government Code provides that, on and after January 1, 1994, a local agency may initiate proceedings to establish a communities facilities district (a "Community Facilities District ") pursuant to the Mello- Roos Community Facilities Act of 1982 (the "Act ") only if it has first considered and adopted local goals and policies concerning the use of the Act. The following goals and policies have been considered and adopted by the City of El Segundo (the "City ") and are intended to meet the requirements of the Act. The City's policy is that the use of the Community Facilities District financings will be limited to narrow circumstances where such use is appropriate and all goals and policies have been met. Pursuant to the Act, landowners owning the requisite portion of the area of a proposed Community Facilities District, or the requisite number of registered voters, as specified in the Act, may petition the City Council of the City to institute proceedings for formation of a Communities Facilities District. The decision as to whether or not to utilize the City's authority to form any such Communities Facilities District rests solely with the City, and the City will exercise such discretion in furtherance of such policy. PRIORITIES FOR FINANCING The priority that various kinds of public facilities and services will have for financing through the City's use of the Act is as follows: 3 234 a. facilities needed to serve commercial or industrial development that will enhance the economic development of the City; b. facilities needed to serve approved development that is deficient in infrastructure or other public facilities needed to develop the area as planned; c other facilities and services for which there is clearly demonstrated public benefit; and d. other facilities and services permitted by the Act. The acquisition of rights of way, lands and easements to be dedicated by a subdivider may not be financed through a Community Facilities District, unless such rights of way lands or easements were acquired offsite by the transferor specifically for that purpose. Facilities regulated by a public utility are not eligible for financing through a Community Facilities District. Public facilities to be owned and operated by a public entity other than the City (including a school district) will be considered on a case -by -case basis, and will only be financed under a joint community facilities agreement or joint exercise of powers agreement entered into pursuant to the Act. BOND ISSUE CREDIT QUALITY REQUIREMENTS The City will require that the credit quality of any Community Facilities District bond issue be such that the requirements of Section 53345.8 of the Act will be met; provided, however, that the City will require that the value of the real property that would be subject to the special tax to pay debt service on the bonds be at least three times the principal amount of the bonds to be sold and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act on property within the Community Facilities District or a special assessment levied on property within the Community Facilities District. The City may, in its sole discretion, require a value -to -lien ratio of four to one (4:1) in any particular case. In order to enhance the credit quality of Community Facilities District bond issues, the City will require that each bond issue be secured by a reserve fund funded in an amount no less than the least of (a) 10% of the original proceeds of the bond issue, (b) maximum annual debt service on the bonds of such issue, and (c) 125% of the average annual debt service on the bonds of such issue. The City may, in its sole discretion, consider (x) the posting of a letter of credit or other surety in lieu of such a reserve fund or (y) funding all or a portion of the reserve fund from excess special tax funds. In order to provide a source of funds to pay debt service on Community Facilities District bonds during the pendency of foreclosure proceedings against a major property owner, the City may require any owner of undeveloped property within a proposed Community Facilities District that will be responsible for 10% or more of annual debt 4 2 .15 service on the Community Facilities District bonds to provide cash, letter of credit or other acceptable security device in an amount at all times sufficient to pay special taxes levied on such property for a period of not less than two years. Such cash, letter of credit or other acceptable security device may be drawn upon to pay debt service on the Community Facilities District bonds in the event the owner of such property is delinquent in the payment of the special taxes levied thereon; provided, however, that no such draw shall extinguish such owner's obligation to pay such delinquent special taxes. Such cash, letter of credit or other acceptable security device may be proportionately reduced as such owner sells portions of such property to purchasers or completes the development of such property in accordance with such owner's development plan. The City may require additional measures to increase the credit quality of a bond issue, or may require credit enhancement with respect thereto, in any particular case. DISCLOSURE TO PROSPECTIVE PROPERTY PURCHASERS In order to ensure that prospective property purchasers are fully informed about their taxpaying obligations imposed under the Act, the City will require that the requirements of disclosure to prospective property purchasers contained in the Act, including, but not limited to, Sections 53328.3, 53328.5 (including the referenced sections of the California Streets and Highways Code), 53340.2, 53341.5 and 53343.1, be met. The City reserves the right to require additional disclosure in any particular case. EQUITY OF SPECIAL TAX FORMULAS AND MAXIMUM SPECIAL TAXES The City's criteria for evaluating the equity of tax allocation formulas, and the desirable and maximum amounts of special taxes to be levied against any parcel pursuant to the Act, are set forth in this section. Special taxes must be allocated and apportioned on a reasonable basis to all categories and classes of property (other than exempt property) receiving general or special benefit from the public facilities financed through the Community Facilities District. Exemptions from the special tax may be given to parcels which are publicly - owned, are held by property owners' associations, are used for public purposes such as open space or wetlands, or are affected by public utility easements making impractical their utilization for other than the purposes set forth in the easement. The overlapping debt burden (that is, the maximum annual Community Facilities District special tax, together with ad valorem property taxes, special assessments, special taxes for any overlapping community facilities district, and any other taxes, fees and charged payable from and secured by the property) on any parcel to be used for residential purposes in a Community Facilities District shall not exceed 2% (the basic property tax levy of 1 %, plus 1 %) of the anticipated assessed value of such parcel upon completion of the public and private improvements relating thereto. 5 236 The special tax formula for a Community Facilities District will be structured in a manner which treats landowners in the Community Facilities District equitably. In a residential Community Facilities District, the City will seek to ensure that the ultimate homeowner's interest is protected. Accordingly, the following components will be incorporated in to the special tax formula, as appropriate: (a) when available, interest earnings on fund shelf for the Community Facilities District or the Community Facilities District bonds will benefit all taxpayers; and (b) absent countervailing circumstances found to be determinative by the City Council of the City, debt service on Community Facilities District bonds will be structured to be level. The Community Facilities District special tax allocation formula must be structured so as to annually produce special tax revenues sufficient to pay (a) annual debt service on all Community Facilities District bonds, and (b) reasonable and necessary annual administrative expenses of the Community Facilities District. Additionally, the special tax formula may be structured so as to produce amounts sufficient to fund (a) any amounts required to establish or replenish any reserve fund established for a Community Facilities District bond issue, (b) any amount required to pay directly the costs of Facilities authorized to be financed by a Community Facilities District, (c) amounts to maintain and operate Facilities as adopted by the eligible voters, (c) the accumulation of funds reasonably required for future debt service on a Community Facilities District bond issue; (d) amounts equal to projected delinquencies in special tax payments, (e) remarketing, credit enhancement or liquidity fees, and (f) any other costs or payments permitted by law. The special tax allocation formula must be structured such that the projected maximum special tax that could be levied in any year would produce special tax revenues at least equal to (a) 110% of projected annual debt service on all Community Facilities District bonds for such year, plus (b) projected reasonable and necessary administrative expenses of the Community Facilities District for such year. The annual increase, if any, in the maximum special tax for any parcel may not exceed any maximum specified in the Act. The increase in the special tax levied on any parcel as a consequence of delinquency or default by the owner of any other parcel may not exceed any maximum specified in the Act. APPRAISALS The definitions, standards and assumptions to be used in appraisals required in connection with the City's use of the Act are as set forth in the Appraisal Standards for Land Secured Financings published by the California Debt Advisory Commission and dated May 1994, with the following modifications: 23 6 (a) the independent review appraiser is an option, and not a requirement; (b) the comparable sales method may be used whenever there is sufficient data available; (c) the appraiser should assume the presence of the public infrastructure to be financed with the Community Facilities District bonds; and (d) the special tax lien need not be computed as the present value of the future tax payments if there is pre - payment mechanism or other more appropriate measure. (e) Such other modifications as deemed appropriate by the City after consultation with the underwriter and the Financial Advisor, if any. MARKET ABSORPTION STUDY The City may, in its sole discretion, engage a consultant to provide a market absorption study. TERMS AND CONDITIONS OF BONDS All terms and conditions of any Community Facilities District bonds issued shall be established by the City Council, acting as the legislative body of the Community Facilities District. The City shall control, manage, and invest all Community Facilities District bond proceeds. CREDIT EVALUATION Any applicant and any other owner of property within a proposed Community Facilities District that will be responsible for 10% or more of annual debt service on the Community Facilities District bonds will be required to submit financial statements (preferably audited) for the current and two prior fiscal years, together with other financial information requested by the City or its consultants as part of the due diligence for the Community Facilities District financing. Updated financial information will be required as part of Community Facilities District bond sale activities. CONTINUING DISCLOSURE Each applicant and each other owner of property within a proposed Community Facilities District, and each subsequent owner of property therein, that will be responsible for 10% or more of annual debt service on the Community Facilities District bonds will be required to provide such information, initially and on an ongoing basis 2.1, 8 (until such property has reached its planned development state), as may be required for the underwriter of Community Facilities District bonds to satisfy the requirements imposed on it pursuant to Rule 15c2 -12 promulgated under the Securities Exchange Act of 1934, and for the City to comply with, satisfy any requirements of, or avoid any liability under, any applicable federal or state securities laws. CAPITALIZED INTEREST The preference of the City is to limit the amount of capitalized interest funded for Community Facilities District bonds to the amount necessary to pay debt service on the bonds until special tax receipts from special taxes levied through the tax roll are sufficient for such purpose. However, the City will determine on a case by case basis whether to allow to be funded up to the two year's of capitalized interest authorized by the Act. DEPOSITS The costs of the proceedings for a Community Facilities District financing initiated by petition of landowners will be borne by the petitioners. No action will be taken on any petition unless and until a deposit of funds is made by the petitioners with the City. The deposit must be sufficient to cover the expense of the City member staff time, the costs of non - contingent outside consultants retained for the financing and the costs of recording, filings, duplication, mailings and deliveries. In general, the deposit will not be less than $50,000, and may be more, as required by the City. The deposit must be increased upon demand of the City if at any time the City determines that the remaining amount is not sufficient to cover anticipated remaining expenses and costs. If the additional amount is not paid within ten business days of the mailing of a written demand by the City to the petitioners, the City will cease all activities with respect to the Community Facilities District financing until the additional amount is paid. The initial deposit and any additional amounts will be held by the City in an account within the City's trust and agency fund, and will be used only for the expenses and costs incurred in connection with the Community Facilities District proceedings. Any balance of such deposit and additional amounts remaining in the trust account upon completion of the Community Facilities District proceedings, or the abandonment thereof, and not needed to pay expenses and costs relating thereto will be returned to the petitioner. The use of the deposit shall in no way be construed as requiring the City to issue Community Facilities District bonds or to provide reimbursement from the proceeds there for portions of the deposit that are expended. USE OF CONSULTANTS The City will select all consultants to be retained by the City for a Community Facilities District financing, including, but not limited to, the financial advisor, special tax 8 239 consultant, underwriter, market absorption analyst, engineer, appraiser, bond counsel, trustee and disclosure counsel. Providers of letters of credit, bond insurance policies, surety bonds or other credit enhancements are also subject to City approval. MINIMUM STANDARDS The policies set forth herein reflect the minimum standards under which the City will assist in the development of property through the use of the Act. The City may, in its discretion, require additional measures and procedures, enhanced security and higher standards in particular cases. 9 2,10 I Mello What is Mello Roos? Roos Background: In 1978 Californians enacted Proposition 13, which limited many local public agencies P R 0 P E R T Y T A X ability to finance new protects In 1982, Senator Henry Mello and Assemblyman Mike N F O R M A T I O N Roos affected the passage of the Community Facilities District Act (CFD) This act authorized local governments and developers to create CFD's for the purpose of selling tax - exempt bonds to fund public improvements Subsequently, property owners that participate in the CFD's pay a "special tax" to repay the bonds Legal Rights of the Community Facilities District: A Mello -Roos District has the legal right to adopt stringent penalties and foreclosure priorities; in the event that the special tax payment is delinquent Ergo, if the "special tax" is not paid, the District may exercise its legal right to foreclose and sell the property Foreclosure rights can be initiated after 150 -180 days in arrears Disclosure (California Civil Code § §1102.6): Mello -Roos Community Facilities District Act: The Act allows any county, city, special district, school district or joint powers of 'An county, city, special y y y p authority to establish a "Community Facilities District" which allows for the financing of B 110 public services and facilities The services and facilities Mello -Roos Districts can district, school district or provide include streets, police protection, fire protection, ambulatory, elementary 69827 Tel 949 - 631 -3698 Fax 949- 631 -1487 schools, parks, libraries, museums, and cultural facilities. joint powers of authority after delivery in person, or five (5) days after delivery by deposit in the mail, by giving can establish a A requisite for the Mello -Roos districts' establishment is that it be approved by two - thirds margin of qualified voters in the district If there are fewer than twelve registered 'Community Facilities voters within the proposed district, the vote may be passed by current landowners At the close of legal proceedings, an established Mello -Roos District has all the legal District' which allows for privileges of a legally sanctioned governmental body the financing of public Responsibilities of Property Owners in the Mello -Roos Districts: services and facilities" Property owners in Mello Roos Districts are responsible for payment of the "special tax ". The amount of the "special tax" is not (directly) based on the value of the property Special taxes are based on mathematical formulas that take into account property characteristics such as square footage of the home and parcel size The special tax is typically included in the annual County tax bill, however it can also be paid off on a monthly basis. Legal Rights of the Community Facilities District: A Mello -Roos District has the legal right to adopt stringent penalties and foreclosure priorities; in the event that the special tax payment is delinquent Ergo, if the "special tax" is not paid, the District may exercise its legal right to foreclose and sell the property Foreclosure rights can be initiated after 150 -180 days in arrears Disclosure (California Civil Code § §1102.6): 241 Seller shall make a good faith effort to obtain a disclosure "Notice of Special Tax" from local agencies which levy on the property a special tax pursuant to the Mello -Roos Community Facilities District Act, and shall promptly deliver to the prospective buyer B 110 any such notice made available by those agencies If the Transfer Disclosure es ,Suite Costa Costa Mesa, CA statement or the Mello -Roos disclosure notice is delivered to Buyer after the offer is 69827 Tel 949 - 631 -3698 Fax 949- 631 -1487 signed, Buyer shall have the right to terminate this Agreement within three (3) days after delivery in person, or five (5) days after delivery by deposit in the mail, by giving w w w. m e I I o- r o o s, c o m written notice of termination to the Seller or Seller's agent 241 EL SEGUNDO CITY COUNCIL MEETING DATE: February 3, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action to appoint a Water and Sewer Rates Task Force with a task to review and recommend action on a study being prepared by AKM Consulting Engineers on the need to increase rates to fully support operation, maintenance and capital costs of the City sewer and water utilities. RECOMMENDED COUNCIL ACTION: Recommendation — (1) Appoint a Water and Sewer Rates Task Force consisting of two members of Council, one member of the El Segundo Residents Association (ESRA), one member of the Chamber of Commerce, one member of the El Segundo Employers Association (ESEA), one at large resident, the City Manager, the Director of Administrative Services and the Public Works Director to review the proposed rates including the related capital needs and financial information and recommend appropriate rate increases to meet the operational and capital needs of the utilities; (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: In June of 2001 a contract was executed with AKM Consulting Engineers to prepare a Sewer Master Plan and a complete a financial analysis and rate study for the Sewer Fund. (Background & discussion continues on the next page.....) ATTACHED SUPPORTING DOCUMENTS: None. FISCAL IMPACT: Capital Improvement Program: Amount Requested: Account Number: Project Phase: Appropriation Required: None ORI N D DATE: January 27, 2004 Vi Jo on, Interim Director of Pubic orks RE;WE DATE: / a r nn, City Manager Z"71/oy 02 -03 -04 Appoint Water and Sewer Rate Task Force — Study by AKM Consulting Engineers 14 242 BACKGROUND & DISCUSSION: (continued) In May of 2003 the agreement was amended to include a complete financial analysis and rate study for the Water Fund. The Sewer Master Plan has been completed and rate studies are nearing completion. Developing new rates for these utilities is a complex process. It is appropriate and common to establish a task force to review the draft work of the consultant and make recommendations for inclusion in the final document. It is expected that at a minimum three meetings will be required to reviewthe information, hear presentations from the consultant and staff and suggest changes for the document. The next step would be to present the studies and recommendations of the task force to Council. Public hearings would then be held on the proposed new rates. 02 -03 -04 Appoint Water and Sewer Rate Task Force — Study by AKM Consulting Engineers , EL SEGUNDO CITY COUNCIL MEETING DATE: February 3, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Councilmember Gaines AGENDA DESCRIPTION: Consideration and possible action to adopt a resolution urging the President and Congress to utilize all means available to persuade Mexico to amend its current extradition policy toward individuals accused of committing capital crimes in the United States. RECOMMENDED COUNCIL ACTION: 1) Adopt the attached resolution; 2) Alternatively, discuss and take other action related to this time. BACKGROUND & DISCUSSION: During the past two years, there have been several high profile crimes committed in the United States that have not been prosecuted due to the inability of the United States to extradite suspects who have fled to Mexico. This issue is best illustrated by the murder of Los Angeles County Sheriff's Deputy David March in 2002. The alleged gunman sought refuge in Mexico and has avoided extradition since the murder. That scenario exists because the current extradition treaty between the United States and Mexico states that the extradition of Mexican nationals may be refused unless assurances are made that the death penalty or life imprisonment will not be imposed. In response, the Attorneys General of all fifty states have requested immediate action on the matter. In addition, the Los Angeles County District Attorney's office is requesting a resolution urging amendment of the treaty from all local jurisdictions in the County. ATTACHED SUPPORTING DOCUMENTS: Resolution urging amendment of the extradition treaty between the United States and Mexico. FISCAL IMPACT: None Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes _ No Mary Str6nn, City Manager 244 15 RESOLUTION NO. A RESOLUTION URGING THE PRESIDENT AND CONGRESS TO UTILIZE ALL MEANS AVAILABLE TO PERSUADE MEXICO TO AMEND ITS CURRENT EXTRADITION POLICY TOWARD INDIVIDUALS ACCUSED OF COMMITTING CAPITAL CRIMES IN THE UNITED STATES The City Council resolves as follows: Section 1: The City Council finds and declares as follows: A. During the past two years, several high - profile felonies committed in Los Angeles County, including the murder of Los Angeles County Sheriffs Deputy David March, have not been prosecuted due to the inability of United States officials to seek extradition of persons from Mexico who are suspected of committing felonies in this country; B. The individual responsible for the murder of Deputy March is believed to have fled to Mexico in order to avoid prosecution in the United States; C. The current Treaty of Extradition between the United States and Mexico states that the extradition of Mexican nationals may be refused unless assurances are made that the death penalty will not be imposed; D. The Mexican Supreme Court ruled further that the refusal to extradite may be extended to individuals facing a penalty of life imprisonment in the United States; E. The current status of the extradition treaty has served to create a "safe haven" for individuals suspected of felonious activity in the United States and potentially provides an escape plan for individuals who may be seeking to conduct terrorist activities in the United States; F. The Attorneys General from all fifty states has requested the United States Attorney General and Secretary of State to find a resolution to the ongoing extradition issue with Mexico. Section 2: The City of El Segundo believes that the current provisions of the Treaty of Extradition between the United States and Mexico has resulted in a dangerous situation in which known criminals have access to a "safe haven" and can avoid prosecution for criminal activities conducted in the United States. 24 ; Section 3: The City of El Segundo urges the President on the United States and members of Congress to seek appropriate redress of extradition issue with Mexico for reasons of personal safety for citizens of the United States and for reasons of national security. Section 4: The members of the City Council of the City of El Segundo will send appropriate correspondence to the President, members of Congress and other elected and appointed officials to reiterate the importance of taking action to resolve the issue of extradition between the United States and Mexico. Section 5: 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 6: This Resolution will take effect immediately upon adoption. Mayor Mike Gordon 246 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the day of , 2004, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk �i - fit, EL SEGUNDO CITY COUNCIL MEETING DATE: February 3, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Mayor Mike Gordon AGENDA DESCRIPTION: Consideration and possible action regarding an extension of the agreement between the City and the MWW Group for services related to the Los Angeles International Airport (LAX) Master Plan. RECOMMENDED COUNCIL ACTION: 1) Extend agreement with MWW Group; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The City's agreement with the MWW Group expired on December 31, 2003. However, discussions with representatives of LAWA have continued past that date. The MWW Group has assisted the City throughout the process and their services would be beneficial as discussions conclude during the next two months. The additional funding for this request will be met by the existing budget line -item for LAX Master Plan Intervention. However, it should be noted that a mid -year budget adjustment or reduction in the funding of existing consultant agreements will be necessary to avoid a budget augmentation during the remainder of the current fiscal year. ATTACHED SUPPORTING DOCUMENTS: Letter from MWW Group to the Mayor stating the firm's ability to continue services under current terms and conditions. FISCAL IMPACT: $50,000 Operating Budget: $450,000 Amount Requested: $50,000 Account Number: 001 -400- 2901 -6406 Project Phase: N/A Appropriation Required: _Yes X No ORIGINATED: DATE: January ;et, Mayor Mike Gordon ' REVIEWED BY: DATE: Mary Stre , City Manager 16 24 01%27 %04 TUE 10:44 FAX u THE MWW GROUP Strategic Communications Counsel January 27, 2004 Hon. Mike Gordon City of El Segundo 350 Main Street El Segundo, CA 90245 Via Fax: 310.322.7137 Dear Mayor Gordon: Given the current level of activity on LAX's Alternative D and the overall master plan process we are requesting an extension of our existing contract under current terms and conditions. Thank you. Sincerely, '� 4A/st- Hary . Engla der Senior Vice President & General Manager 0 002 660 Sourm FICUERUA S i HPF•r . SVITF 1400 • Los ANGLLes. CA 90017 PHCUNw 213.486.6560 LAX: 213.4$6 -6101 C41lc"a - LOS ANCELES - NF,w jFRtFY - NEW YUHA - OLYMPIA. WA - SEATTLE - WASHWCTON, D C' 248 www,mwwpr Cain JRN -27 -2004 11 :03 96% P.02