2005 MAR 15 CC PACKET-2EL SEGUNDO CITY COUNCIL MEETING DATE: March 15, 2005
AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business
AGENDA DESCRIPTION:
Consideration and possible action regarding the Council Ad Hoc Subcommittee's
recommendation to amend Title 1, Chapter 9 — "Campaign Contributions and Disclosures," of
the El Segundo Municipal Code ( "ESMC ") with regard to campaign finance regulations.
RECOMMENDED COUNCIL ACTION:
1) Introduce Ordinance amending Title 1, Chapter 9 of the ESMC;
2) Schedule the second reading of the Ordinance for the April 5, 2005 Council Meeting
3) Altematively, discuss and take other action related to this item.
On July 20, 2004 the City Council appointed Mayor McDowell and Council Member
Boulgandes to an ad hoc subcommittee for purposes of reviewing and providing
recommendations to the Council with regard to amending the campaign finance regulations set
forth in the ESMC The appointment of the subcommittee resulted from the Council's
consideration of the campaign finance issues outlined in the staff report presented to the
Council at its June 15, 2004 Council Meeting (copy attached).
The Subcommittee met on several occasions over the course of the past months and is
proposing the following changes to the ESMC.
1) ESMC Section 1 -9 -4 requiring that persons contributing $25 or more to be
identified in campaign statements be amended to be consistent with state law
which allows for anonymous contributions of less that $100 (Government Code
Section 84304) However, the zip code for all persons making contributions of less
than $100 must be in included in campaign statements.
(continued on next page...)
Draft Ordinance
FISCAL IMPACT: NONE
Operating Budget
WA
Amount Requested
WA
Account Number
WA
Project Phase
WA
ADDroonatlonS Required
_ Yes x No
REVIEWED BY: DATE:
a trenn, City Manager -%/o
Rol
] C] i
2) ESMC Section 1 -9 -7 -B be deleted to eliminate the campaign filing requirement on
the third day following an election. The City's requirement for a final pre - election
filing by noon on the Friday preceding the election (Section 1- 9 -7 -A) will be
retained.
3) A section be added to the ESMC that prohibits campaign contributions of more than
$500 by a single contributor.
The proposed revisions to anonymous contributions are based upon the concerns
expressed by numerous residents that the $25 limitation was too low. However, there
was some concern expressed regarding the ability of the public to determine the
amount of anonymous contributions being made from persons located outside the City.
Accordingly, the zip code reporting requirement is being recommended
The Subcommittee is recommending deleting one of the reporting requirements
because such does not provide additional information to the public which would not
otherwise get reported and be available in a timely manner for public review and,
therefore, created unnecessary work for candidates, committees and the City Clerk's
office. The Subcommittee's determination on this point is based upon the following
state law and local reporting requirements* (1) campaign statements must be flied 12
days before an election (Government Code Section 84200.7) and on the Friday before
the election (ESMC Section 1- 9 -7 -A); (2) contributions of $1,000 or more, received after
the state law pre - election campaign statement deadline, must be reported within 24
hours (Government Code Section 84203), and, (3) pursuant to Government Code
Section 84200, campaign statements must be filed on a semiannual basis (no later
than July 31 for the period ending June 30, and no later than January 31 for the period
ending December 31).
Finally, the Subcommittee is recommending imposing a $500 campaign contribution
limitation The recommendation is a compromise reached by the Subcommittee
Members. The City previously had a campaign contribution limit of $250 that was
established in 1990 that was subsequently amended in 1997 based upon the passage
of Proposition 208 which established voluntary spending caps for candidates. Adverse
court determinations and Proposition 34 ultimately gutted the provisions of Proposition
208 and City regulations respecting campaign contributions
The Subcommittee determined that based upon cost of living increases, a $500 per
person contribution limitation provides donors and candidates with a fair opportunity to
participate in the local election process. Pursuant to information gathered by the City
Clerk's Office, the Cities of Lawndale and Redondo Beach currently do not have any
limitation on the amount of campaign contributions, Torrance imposes a $1,000
donation limitation, and Manhattan Beach has a $250 limitation.
18 21
It should be noted that the contribution limitations do not restrict (1) the number of
separate contributions that may be made to different independent committees that may
be advancing various political local causes (although it does still limit the amount of
each contribution to $500), (2) loans that candidates may make to their own
committees, or (3) expenditures made by candidates or independent committees.
is
f'
EL SEGUNDO CITY COUNCIL MEETING DATE: June 15, 2004
AGENDA ITEM STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Consideration and possible action directing staff to prepare amendments to Title 1,
Chapter 9 — "Political Contributions," of the El Segundo Municipal Code with regard to all
aspects of campaign finance, including but not limited to contributions, expenditures, and
mailings for consideration by the Council at a future Council Meeting
RECOMMENDED COUNCIL ACTION:
(1) Direct staff with respect to preparing possible amendments to Title 1, Chapter 9 —
"Political Contributions," of the El Segundo Municipal Code with regard to all aspects of
campaign finance, Including but not limited to contributions, expenditures, and mailings for
consideration by the Council at a future Council Meeting, (2) Alternatively, discuss and
take other action related to this item.
BACKGROUND & DISCUSSION:
At the May 18, 2004 Council Meeting, the Mayor and Council Member Boulgandies both
requested that staff prepare an agenda item for the June 15, 2004 Council Meeting to allow
the Council to discuss and consider potential amendments to the EI Segundo Municipal
Code with respect to campaign finance issues, In an effort to assist the Council in
considering this matter, set forth below is an overview of the various amendments to El
Segundo Municipal Code relating to campaign finance, the City's legal ability to regulate
campaign finance (and a comparison of such with the City's current regulations), and
additional areas the City can consider regulating with respect to campaign finance
(cont)
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: NIA
Operating Budget:
Amount Requested:
Account Number:
Protect Phase:
11
079
184
BACKGROUND & DISCUSSION (CONTINUED):
A. History of the City's Regulation of Campaign Finance
In 1990, 1997, and 2001, the City Council adopted ordinances that, among other things,
established campaign contribution requirements for local elections (Ordinance No.
1146, adopted January 16, 1990, Ordinance No. 1278, adopted October 21, 1997;
Ordinance No 1341, adopted November 7, 2001). Generally, the 1990 amendment
established campaign contribution limitations of $250 per person and required
candidates to disclose anonymous donors who contributed more than $100 to a
campaign The 1997 amendment established voluntary spending caps for candidates
consistent with Proposition 208 and created deadlines for filing documents required
under the Political Reform Act ( "PRA ")
The creation of El Segundo's voluntary expenditure limits originated from Proposition
208 as approved by the voters in 1996 That initiative generally imposed a $100 per
person limit upon contributions given to local candidates. This contribution limit was
raised to $250 per person when a local candidate voluntarily accepted maximum
spending limits established by local ordinance Such voluntary expenditure caps could
not exceed a monetary total amount equal to $1 per resident within a local jurisdiction
Former ESMC § 1- 9 -4(D) established a voluntary expenditure limit of 50¢ per resident
amounting to a total cap of $7611 50
In 1998 and 1999, the federal courts enjoined the Fair Political Practices Commission
( "FPPC ") from enforcing Proposition 208' And in November 2000, California voters
approved Proposition 34 which repealed nearly all provisions of Proposition 208. The
FPPC was permanently enjoined from enforcing two remaining provisions of Proposition
208 on May 8, 2001. As a result, the only surviving portions of Proposition 208 are
Government Code2 §§ 82039 (definition of lobbyist); 84501, 84502, and 84504 -84510
(advertisement disclosure requirements), and 85802 (appropriations to the FPPC).
In 2001, the City Council adopted Ordinance No 1341 which substantially amended the
ESMC in light of Proposition 34 Among other things, Ordinance No 1341 eliminated
the voluntary spending caps (since Proposition 34 removed any incentive for such
caps); regulated campaign literature (ESMC § 1- 9- 5(b)), prohibited all anonymous
campaign mailers (ESMC § 1 -9 5(a)); and expanded reporting requirements to include
one more filing on the Friday immediately preceding the election (ESMC § 1 -9.4)
These changes are reflected in ESMC Chapter 1 -9 entitled Campaign Contnbubons and
Disclosures
B. The City's Ability to Regulate Campaign Finances3
The City's ability to adopt regulations affecting local elections is limited by two factors-
(1) the Political Reform Act of 19744 ( "PRA ") including regulations promulgated by the
' California Prohfe v FPPC (9'" Crr, , 1999) 164 F 3d 1189, California Proflife Council PAC v Scully (E D
Cal. 1998) 989 F Supp 1282
1 Further references to an unspecified code are to the Government Code
3 This memorandum does not discuss conflicts of interest since these are of general application
regardless of campaigning
6/8104 4 07 PM
81654V2 9
Fair Political Practices Commission ( "FPPC "),5 and (2) its status as a general law city
As a general law city, El Segundo may only exercise power that is conferred by the
California Constitutions and State law Charter cities potentially have the ability to
exercise greater control over local elections 7
The PRA gives the City limited authority to regulate local elections. (1) the City may
impose "additional requirements on any person If the requirements do not prevent the
person from complying with [the PRA] ",8 and (2) the City may adopt "contribution
limitations or prohibitions "9 for local elections if such regulations do not restrict non-
public communications (that is, those that are not made for "general public advertising ")
made to "members, employees, shareholders" or their families X50 These latter
communications are not considered "contributions" under the PRA
It is the FPPC's opinion that these provisions of the PRA make it "clear that the [PRA] is
not intended to so occupy the field it regulates that local government agencies are
powerless to enact additional regulations. "" Additionally, although the PRA establishes
a uniform law regulating election financing, 12 the FPPC believes that cities may "impose
additional obligations [on local elections] or, in the context of local elections, completely
different expenditure and contribution limits.03 Any such local regulations, however,
would still be subject to constitutional challenges based upon the United States or
California Constitutions 14
After being amended in 2001, the ESMC now imposes stricter regulations on local
elections than set forth in the PRA
§ 1 -9 -2 - Adds a definition for "campaign literature" that consolidates and
broadens regulations imposed by the PRA The PRA simply identifies and
regulates slate mailers,' mass mailings,16 and advertisements 17 For the latter,
the PRA requires that certain disclosure statements be placed on advertisements
" §§ 81000 -91015
2 Cal Code of Regs ( "FPPC Regis ") §§ 18700, et seq
See a g, Cal Const art XI, § 7 (police powers)
' See Johnson v Bradley (1992) 4 Cal a 389, Mackey v Thiel (1968) 262 Cal App 2d 362, Lawing v
Faull (1964) 227 Cal App 2d 23
s
§81013
§ 85703
10 § 85312
11 In re Pelham Opinion (2001) 15 FPPC Ops 1, No 0- 00274, p 4 quoting In re Alperin Opinion, 3 FPPC
Ops 77, No 76 -084, p 3
12 County of Sacramento v, Fair Political Practices Commission (1990) 222 Cal App 3d 687
73 In re Pelham, p,6
74 Note also that candidates must still comply with other provisions of Prop 34 return of contributions for
which information is not on file (§ 85700), membership communications (§ 85312); independent
expenditures ( §§ 85500b and 85501), surplus funds statute (§ 89519); disclosure on late independent
expenditure reports re contributions received and expenditures made since the last report riled (§
84204b), slate mailer disclosure (§ 84305 6), ballot measure advertisement disclosure re paid
spokesperson (§ 84511) and top donors ( §§ 84501- 84510), administrative fines (§ 91005 5) and
disgorgement of laundered contributions (§ 85701) p
6 §§ 82048, 84305 6 (� 8
§ 82041 5, 84305
7 §§ 84501, 84511 (where spokesperson is paid $5000 or more)
6/8/04 4.07 PM l
81654V2 I
where the contributions toward such advertisements amount to $50,000 or
more 18 The ESMC is more restrictive than the PRA since It requires that the
names of persons paying for twenty -five percent (25 %) or more of producing
"campaign literature" s be printed on such campaign literature There is no
equivalent in the PRA
§ 1 -9 -3 - Prohibits all anonymous contributions (the PRA prohibits anonymous
contributions totaling $100 or more In a calendar year) 20
§ 1 -9-4 - Requires candidates to report contributions amounting to $25 or
more (the PRA has a disclosure requirement starting at $100) 21
§ 1 -9 -5 - Prohibits anonymous mailings and requires campaign literature to
Identify persons who contribute 24% or more of the cost for production (no similar
provision in the PRA)
§ 1 -9 -7 - Adds filing deadlines for campaign disclosure materials In summary,
the ESMC imposes deadlines for filing documents required by the PRA for before
and after an election an initial filing date of the Friday before the election for
documents showing all actual and anticipated expenditures and contributions
until the election, and a post - election filing on the third day after the election
showing actual expenditures and contributions
The PRA only establishes filing deadlines for pre - election statements 22 final
statements covering the time period ending 17 days before the election must be
filed 12 days before the election Contributions or expenditures after the final
pre - election period and before election day are "late "23 Late contributions or
expenditures totaling $1,000 or more must be reported within 24 hours 24
C. Potential Additional Areas the City Could Regulate
The City has the ability to regulate the following areas of campaign finance
Establishing limits on local campaign contributions and expenditures
As noted above, the PRA allows the City to impose contribution regulations for local
elections While the PRA imposes contribution limits for statewide office '25 it does not
place any limit on local elections Regulation of contribution limits is a valid exercise of
government power and does not infringe upon free speech rights if the regulations still
° § 84503
B Which includes unsolicited circulars, pamphlets, letters, posters, or other reproduced matter referring
to an election, candidate, or any ballot measure
z° § 84304
z' § 84211
22 § 84200 7
23 §§ 82036, 82036 5
24 §§ 84203 -204 !1 O n
z° §§ 85301, 83124
6/8104 4 07 PM
81654V2
§ 85308(D)
�0 In re Pelham, p 10
" § 84301 083
32 § 85701
9 In re Pelham, supre, p 11
6/8/04 4 07 PM
81654V2
187
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 9 IN TITLE 1 OF THE EL
SEGUNDO MUNICIPAL CODE ENTITLED "CAMPAIGN
CONTRIBUTIONS."
The city council of the city of El Segundo does ordain as follows
SECTION 1 The city council finds and declares as follows
A The ability to contribute time and money to local political campaigns is a
legitimate and important means of participating in the political process.
B Large monetary contributions, however, may give at least the appearance that
candidates for elective office may be unduly influenced through financial means
C It is in the public interest that the City have a means by which all persons within
the community have a fair and equitable opportunity to participate in local
government whether by elected office or through other means
D To assist with the goal of providing an even playing field to all candidates seeking
elective office, and to engender public trust in the political process, the City
Council enacted regulations for campaign contributions as set forth in Chapter 9
to Title 1 of the El Segundo Municipal Code ( "ESMC ") entitled Campaign
Contributions and consisting of §§ 1 -9 -1 to 1 -9 -8
E In 1996 and 2000, the California electorate approved two propositions that
implemented regulations for campaign contributions on a statewide basis
Proposition 208, enacted in 1996, was challenged and has been partially
invalidated, Proposition 34, enacted in 2000, was designed, in part, to cure the
deficiencies in Proposition 208 and became effective in January 2001
F When adopting this Ordinance, the City Council considered, among other things,
Government Code §§ 85101 and 85102, and the California Supreme Court's
decision in Griset v Fair Political Practices Commission (1994) 8 Cal 4th 851,
cert den 15 S Ct 1794, and the cases cited therein The regulations adopted by
this Ordinance are intended to balance individual's First Amendment rights with
the electorate's right to be fully informed and the public interest in preventing
corruption in local elections
G The City Council agrees with the findings of Government Code § 85102 and
incorporates those findings by reference into this Ordinance
Page 1 of 4
•o
H By adopting these regulations, the City intends to fully inform voters regarding
candidate and campaign viewpoints, to assist voters with distinguishing between
accurate and deceptive information, deter defamatory statements, prevent
corruption, and assist law enforcement
The City has a compelling interest to promote an informed electorate, deter
corruption in local elections; and gather evidence to facilitate enforcement of
local election regulations Accordingly, it is in the public interest to adopt
regulations imposing stnct disclosure requirements upon, among other things,
unsolicited campaign literature that is distributed during the course of local
political campaigns
SECTION 2 ESMC § 1 -9 -3 is amended to read as follows
"1 -9 -3: Anonymous Contributions Prohibited; Contribution Limit.
A It is unlawful for any person to make, and any candidate, controlled committee, or
committee to solicit or accept, any anonymous contribution in a local election
B For local elections, it is unlawful for any person to make a contribution to a
candidate, controlled committee, committee totaling five hundred dollars ($500)
or more in a calendar year
SECTION 3 ESMC § 1 -9 -4 is amended to read as follows
"1 -9-4: Campaign Statement Information.
Candidates, elected officers, controlled committees, and committees must comply
with Government Code § 84211 regarding all persons contributing one hundred
dollars ($100) or more to a campaign for a local election In addition, candidates,
elected officers, controlled committees, and committees must list the zone
improvement plan ( "ZIP ") code assigned by the United States Postal Service for
the business or residential postal address of persons making contributions of less
than one hundred dollars ($100) during a campaign for a local election,"
SECTION 4 ESMC § 1 -9 -7 is amended to read as follows
"1 -9 -7: Filing Deadlines.
A final pre - election filing of updated versions of all documents required by the
Political Reform Act and this Chapter will be filed by candidates and committees
Page 2 of 4
18J
and received by the City Clerk by twelve o'clock (12 00) noon on the final Friday
before the election and will reflect all actual and anticipated expenditures and
contributions through the date of the election "
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
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 thirty (30) days following its passage and
adoption
Page 3 of 4
I J 6
PASSED AND ADOPTED this _ day of , 2005
Kelly McDowell, 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 , 2005, 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 2005, and the same was so passed
and adopted by the following vote
AYES
NOES
ABSENT
ABSTAIN
Cindy Mortesen, City Clerk
APPR(
Mark I
0
Page 4 of 4
19 t
EL SEGUNDO CITY COUNCIL MEETING DATE: March 15, 2005
AGENDA ITEM STATEMENT AGENDA HEADING- Unfinished Business
AGENDA DESCRIPTION
Consideration and possible action regarding a status report on the Implementation of the
water /wastewater billing rates approved by the City Council on August 31, 2004 (Fiscal
Impact None)
COUNCIL ACTION
1) It is recommended that the City Council receive and file the status report, 2) Alternatively,
discuss and take other action related to this Item
BACKGROUND R DISCUSSION.
On September 7, 2004, the City Council approved Ordinance Nos 1376 and 1377 setting the
amounts of water and wastewater rates to be paid by residential and commercial users in the
City. The rates were established after consideration and debate by a Water/Wastewater Rate
Task Force that was comprised of representatives of the City Council, staff and residential and
commercial users in El Segundo The Task Force met on five occasions to discuss
recommendations from AKM Consulting Engineers regarding the formation of appropriate
rates for water and wastewater services AKM was retained by the City Council in May 2004
to assist with the creation of a rate structure that would sustain the operations and
maintenance of existing water and wastewater systems
(Please see attached page marked 'Background and Discussion ")
ATTACHED SUPPORTING DOCUMENTS.
Copy of current water /wastewater bill
FISCAL IMPACT- NIA
Operating Budget,
Amount Requested,
Account Number
Project Phase,
Appropriation Required. _Yes X No
ORIGINATED: DATE: arc
Assistant
DATE:
Mary Stren i, City Manager
1921
Background and Discussion (con't):
The goal of the Task Force was to recommend a rate structure that would result in functioning
enterprise funds for water and wastewater services that was fully funded by appropriate user
fees As such, the Task Force recommended a user fee structure intended to create a stable
funding source for the water and wastewater operations that is not reliant on subsidies from
the City's General Fund budget to finance necessary operations As a reminder, those
subsidies were as follows. During FY 2002/03 the costs of operating the water utility exceeded
revenues by $778,000 In FY 2003/04, costs exceeded revenues by $270,300 For
wastewater operations, costs exceeded revenues by $1,958,000 in FY 2002/03 and $912,000
in FY2003/04
The rates approved by the City Council last September and implemented by staff beginning in
November 2004 provides for a gradual elimination of the subsidies. The water enterprise fund
will be self sustaining by next year The wastewater enterprise fund, however, will continue to
be subsidized by the general fund until 2013, when it will become self sufficient The first -year
increases can be summarized as follows Water - 5% increase in consumption charges for
potable water and a 14 6% increase in readiness to serve charges, Wastewater— increase in
consumption charges and treatment charges equaling approximately 49 %. It should be noted,
however, that for that average household, the increase totals approximately $4.00 per month
The majority of that increase reflects direct payment by wastewater accounts for fees charged
by the Hyperion facility for wastewater treatment
Lifeline Rates
The water /wastewater rate schedule includes a provision whereby residents on fixed incomes
may apply for "lifeline" rates The lifeline rate allows qualified customers to pay 50% of the
regular rate for the first 40 units of water on a bi- monthly bill (Note one unit of water equals
748 gallons) Lifeline eligibility is determined by the following income levels, $17,950 for a
household of two or less persons, $20,500 for a household of three, $23,000 for a household
of four, $25,650 for a household of five The income threshold increases by $2,050 for each
additional person for households comprised of more than five people Eligible income levels
are reviewed and adjusted annually by the Administrative Services Department
Implementation of New Rates
To ensure that the new rates were applied simultaneously for commercial and residential
accounts, the rates went into effect in November 2004 for commercial accounts and December
2004 for residential accounts. Please note that residential accounts are billed bi- monthly and
reflect an increase for the month November 2004 In addition, staff developed a new billing
format that included information (including a bar graph of water consumption during the
previous year) that addressed concerns expressed by residents during the Task Force and
City Council consideration of the new rates A copy of the new billing format has been
attached for the Council's review
Staff was mindful to ensure that the new bills were accurate Accordingly, the first "book`
(representing approximately 300 accounts) was entered by hand while staff from the Water
193
Background and Discussion (con't):
and Information Technology Divisions developed and refined the appropriate "script" used to
calculate totals during normal billing cycles In addition, staff from the Water Division reviewed
all bills in the first book to verify the accuracy of the totals reflected on the new bills Staff
randomly reviewed approximately 1 in 10 accounts in subsequent books to ensure accuracy
To date, staff has received 126 telephone inquiries regarding the new water /wastewater rates,
but the number of such inquiries has slowed significantly over the past three weeks. Resident
concerns have ranged from questions about the billing formats to statements of opposition to
the new rates. The majority of questions received have been in regard to the increase in
readiness to serve charges and the increase in the wastewater charges With respect to the
readiness to serve charge, it is important to note that the rate is calculated to cover the costs
of installing and maintaining the City water mains ensuring that water customers will receive
the benefit a reliable source of water It is not a tax or fee because there is no requirement
that a water customer maintain that connection when a residence or business, for example,
has been vacated for an extended period of time due to construction or other reasons
However, almost without exception, water customers choose to maintain the connection and,
thus, pay the readiness to serve charge which covers the City's costs of ensuring that the
connection is present and functioning
With regard to increase in wastewater fees, it should be noted that before the implementation
of the new rates, as the Council will recall, the City paid from its General Fund all of the fees
charged by the Hyperion facility for wastewater treatment for all accounts west of Sepulveda
Boulevard It should be noted also that a significant portion of the increase in wastewater
charges for El Segundo residents was enacted to offset the payment of that fee. Accounts
east of Sepulveda Boulevard are part of the Los Angeles County Sanitation District.
Wastewater treatment charges in that area are paid by property- owners through a direct levy
on their annual property tax bill Finally, it should be mentioned that prior to September 2004,
the City last adjusted its wastewater fees in June 1995. Water rates were last adjusted in July
1997, when the City adopted a tiered rate structure
194
s� City of El Segundo
350 Main St
El Segundo, CA 90245
Billing Inquiries (310) 524.2742 6 30am - 4 OOpm
Between the hours of 4 OOpm - 5 30pm call (310) 524.2357
Visit our Wehsite at
www elsegundo orglcitysemlceslworkslwater
" " °"' " "' °` SING LE-PIECE 25631NA16 A r no r is 370
r I'Your Usage This Year and Last Year
80
60
as
20
a
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
1 Unit= 100 Cubic Ft Water or748 Gallons
SPRING CLEAN UP WEEK APRIL 18 -APRIL 22
Residents serviced by Consolidated Disposal Services
may dispose of large items on regularly scheduled
collection days All residents can make reservations for
greenwaste pickup services For reservations or more
info call 524 -2709
-------------------------------------------------------------------
Payment
Coupon
Please return this portion along with your payment
Please make your check payable to
EI Segundo Water Division
City of El Segundo
Water & Sewer Bill
re.ennnw uu.nm
Account Number
Service Address
Due Date
Billing period 12114/04 to 02115/05
Meter Number Current Read
Previous Read
Consumption
0150760 3790
3760
30
0
0
0
Total Usage
30
Current Date 2/15/2005
Previous Date
12/22/2004
Service Address
Meter Size 3/4"
Meter ID
1485907
First 30 Units at 1 2460
Current Charges
3738
Water Meter Size
3/4"
Water Readiness to Serve Charge
$328
Water Usage Charge
$3738
Wastewater Quantity Charge
$360
Wastewater Treatment Charge
$1058
Wastewater Service Charge
$270
Utility Users Tax Charge
$000 2
TOTAL CURRENT CHARGES
$57 54
Balance Forward
$000
TOTAL AMOUNT DUE
$57.54 a
s
a
a
TOTAL AMOUNT DUE
AMOUNT PAID
$57.54
O
CITY OF EL SEGUNDO
350 MAIN ST
EL SEGUNDO CA 90245 -3813
I l i ll.dll {1l {IddIIN{II i i
193'
EL SEGUNDO CITY COUNCIL MEETING DATE: March 15, 2005
AGENDA ITEM STATEMENT AGENDA HEADING. Unfinished Business
AGENDA DESCRIPTION.
Consideration and possible action to retain Shannon David Design to complete both the
Business Recruitment Campaign and the Sepulveda Blvd Light Pole Banner protects (Fiscal
Impact $125,000)
RECOMMENDED COUNCIL ACTION
Recommendation — (1) Accept the recommendation from the Economic Development Advisory
Council to retain Shannon David Design to complete both the Business Recruitment Campaign
($90,000) and the Light Pole Banner project ($35,000), (2) Authorize the City Manager to
execute the contract in a form approved by the City Attorney, (3) Alternatively, discuss and
take other action related to this item
BACKGROUND & DISCUSSION
The Fiscal Year 2004/2005 budget established funding fortwo key marketing programs in the
Economic Development Department, a new business recruitment campaign and a downtown
light pole banner program On October 19, 2004, the City Council approved shifting the light
pole banner program to Sepulveda Blvd in an effort to maximize the marketing potential
especially given the recent reduction in city revenues, high office vacancy rates and significant
traffic volumes along that corridor
on next
ATTACHED SUPPORTING
A Business Recruitment Campaign Proposal
B. Light Pole Banner Proposal
FISCAL IMPACT None
Operating Budget.
$135,000 (includes $35,000 carried over from FY 200312004)
Amount Requested
$125,000 ($90,000 for ad campaign, $35,000 light pole banners)
Account Number:
2401 -6201, 2401 -6214
Project Phase,
N/A
Appropriation Required: X Yes _ No ($35,000 to be carried from FY 2003/20041
ORIGINATED BY- DATE.
n� n" rte .
Hansen, Director of Economic
Manager
DATE:
-&O'r-
19G
0
BACKGROUND & DISCUSSION (continued from page 1)
Selection Process
Staff drafted a Request For Proposal (RFP) for each program that were reviewed and
approved by the Economic Development Advisory Council (EDAC) on November 16, 2004
RFP's for both protects were then sent out to several firms in El Segundo as well as the
greater Los Angeles area. Staff received two proposals on the business recruitment campaign
and four proposals on the light pole banner program The EDAC met on January 27, 2005,
considered all of the proposals, and decided to invite two firms to a meeting on February 8,
2005 for presentations Simon +Associates of Los Angeles submitted one proposal for the light
pole banners and Shannon David Design of El Segundo submitted proposals on both projects
Following the presentations, the EDAC unanimously voted to recommend retaining Shannon
David Design to complete both scopes of work. Deciding factors included Shannon's creative
approach to design development (see Attachment A & B), the ability to closely coordinate both
projects and Shannon Earle's local knowledge as both a resident and business owner in El
Segundo
Summary of Shannon David Design's proposals
Business Recruitment Campaign
Shannon David Design's concept (Attachment A) has four major components
1 Develop and promote a single, memorable idea that will be the core of all work
Specifically, they propose to "build a City of El Segundo brand around one simple,
memorable and compelling idea to be represented in a phrase, a taglme that will be
used on all branding materials and media ".
2 Use the Web as a communications hub and promotions vehicle taking advantage of the
fact that "90% of Southern California businesses have a high -speed internet
connection"
3 Direct marketing efforts towards commercial real estate brokers because businesses
frequently utilize their services when contemplating relocation
4. Obtain and utilize current tenant testimonials because existing businesses have
credibility when reaching out to inform potential prospects why it makes sense to
choose El Segundo
The tactics to implement the above strategy include
1. Develop a business recruitment website
2. Place print advertising in the Los Angeles Business Journal
3. Utilize outdoor board advertising
4. Direct mail to commercial real estate brokers
5 Direct e-mail to target businesses
19 i'
6 Develop PDF brochure of City information for downloading on proposals
7 Develop and distribute a tri -fold brochure for distribution to targeted businesses
Light Pole Banner Program
Shannon David Design's proposal (Attachment B) regarding the placement of the two sided
80" by 30" banners along Sepulveda Blvd recommends staggering banner placement rather
than installing banners on all of the poles (there are 30 poles in the median between Imperial
Ave. and El Segundo Blvd. requiring twin banner sets and 82 poles between El Segundo Blvd
and Rosecrans Ave requiring single sets of banners) Specifically, they are recommending
banners on every three to five poles that would reduce the total number of banners and still
create a dramatic visual impact The precise number and frequency would be determined by
utilizing superimposed photos to measure the visual impact and final banner pricing
Approximately six months after the initial installation, the second set reflecting a different
design would be placed on the poles by a private party with the associated cost included in the
contract Shannon David Design willfully responsible for all aspects of design, fabrication and
installation The entire work will not exceed $35,000
Review and Approval Process
Once the projects are underway, it is anticipated the EDAC will have an active role in the
evaluation of proposed marketing material including content and design for both the business
recruitment campaign and the light pole banner program It will also be critical to closely
involve the City Council at key stages of the programs. Therefore, following the initial approval
by the Council of the overall program direction and conceptual designs, staff recommends that
two Council members be appointed by the Mayor to meet with the EDAC on an as- needed
basis to provide the necessary overview and approval of final designs and marketing content
In addition, staff will provide status reports to the full Council from time to time
Program Schedules
The specific work programs for both projects (exhibits A & B) will be included as attachments
to the contract with Shannon David Design The contract term is for one year for all of the
activities outlined in both exhibits
19,8
Exhibit "A"
Business Recruitment Campaign
Scope of Services and Consideration
General Scope:
1 00 -- SPECIFICATIONS
1.01 - Objectives
The primary objective of the campaign is to establish and grow the "El Segundo
Business" brand that will become organic and part of the city culture, attracting
new business tenants to the city for many years, regardless of the year -to -year
advertising budget Developing that brand is a long -term, primary solution to the
challenges faced by El Segundo
The secondary objective is to produce an immediate increase in relocation
inquiries from desirable corporations throughout the Los Angeles Metro area —
more leads, higher caliber leads, a higher occupancy rate by a diverse range of
businesses
The tertiary objective is to increase general awareness of El Segundo's many
business and lifestyle benefits throughout the Southern California business
community
1 02 - Targets
There are three target groups for this campaign.
i Decision makers at High- tech /R &D and light manufacturing,
retad/hospitality, business, professional and creative services,
and multi -media businesses
u Commercial /industrial real estate executives and brokers
ui The Southern California media, especially business media
1 03 - Challenges
Based on our research regarding the El Segundo business community and the
current vacancy rate, we have determined that the city faces the following
challenges that can be addressed by our approach to this campaign
a The city lacks a strong, widely known /understood brand Previous
advertising campaigns failed to address the need to develop a
"brand" for El Segundo —a simple, emotionally appealing idea that
tells the audience what the city stands for and what they can expect
there Strong brands are the capital of modern business, and El
Segundo's lack of a well - recognized and fully understood brand is
one of the elements that has contributed to its unjustified low profile in
the Southern California business community
Through this campaign, we will develop a memorable, advantageous, appealing brand
for El Segundo
b The city lacks "mindshare" in the business community Partially due to the lack of
a brand, El Segundo is not among the first areas thought of when people think of
business - friendly, prosperous regions The Westside, Burbank, Downtown, The Irvine
Spectrum and the Wilshire Corridor have a higher profile for relocating business Our
goal is to increase awareness and mmdshare for El Segundo
c The city lacks a strong, compelling online tool for business prospects The
current El Segundo business Website does not reflect a strong city brand, nor does it
have the many online tools that would allow business prospects to download
information, make key contacts, research business case histories, view testimonials,
and more
1.04 - Strengths
As evidenced by the presence of mayor corporate tenants like Chevron, Mattel,
Raytheon, Northrup Grumman and Xerox, El Segundo offers businesses many
benefits — benefits that should and must be an integral part of the campaign
Our approach will leverage these strengths to enhance the perceptions of the
business community.
Those strengths include
• Low tax rate & small government According to commercial real estate
broker Jason Warner, a vice president at Trammel Crow Company, El Segundo offers
municipality incentives far more competitive than the cities of New York, San Francisco
and Los Angeles This ability to provide competitive financially incentives for businesses
is the most important factors to prospective business tenants looking to relocate
• Great location. The city is located very close to LAX and the 405, and is a
short drive from the business centers of the Westside and Downtown
• Small town atmosphere El Segundo's charming downtown and sense of
"being worlds apart from Los Angeles" are very appealing to companies seeking a good
place for their employees to relocate, as well as an inviting environment for building ties
with surrounding businesses and the community
• Business - friendly city government El Segundo civic leaders work to
create an environment that is attractive to businesses, including financial incentives, fair
and moderate regulation that provides easy access to government
ii_ �0r)
1 05 -Our Strategy
Shannon David will approach the City of El Segundo business branding
campaign from a strategic point of view, with a single vision that drives all
spending and media In a single phrase, our strategy is-
Employ multiple, integrated channels to build a powerful El Segundo
brand that will change perceptions about the city within the business
community
Specifically, this strategy has 4 mayor components.
a Develop and promote a single, memorable idea We will build the City of El
Segundo brand around one simple, memorable, compelling idea to be represented by a
phrase, a tagline that will be used on all branding materials and media This brand
statement will be the core of all work
.b Use the Web as a communications hub and promotion vehicle We will leverage
the fact that nearly 90% of Southern California businesses have a high -speed Internet
connection by driving all interest to the El Segundo business Website The site will
become the business hub for the city, where all information exchange, lead capture and
communication originate
c Focus on commercial real estate brokers as "gatekeepers " Since businesses
frequently turn to real estate professionals for recommendations about where to locate
their companies, we will develop tools that focus on capturing the awareness of and
gaining the loyalty of commercial real estate brokers We will inform these
"gatekeepers" about El Segundo and give them tools to more easily communicate the
city's benefits to their clients
d Leverage current tenant testimonials -We feel it is critically important to generate
credibility and notoriety by leveraging positive, "real -life" experiences of such current city
tenants to promote and inform prospects why they should choose El Segundo
Finally, our driving philosophy behind this campaign is "Keep It Simple " Our
goal will be to develop a comprehensive campaign that is easy to implement,
track and maintain, spends money wisely, and when possible, delivers
measurable results
1.06 - The City of El Segundo Brand for Business
The brand message we have developed reflects a few powerful ideas.
•
El Segundo is overshadowed by LAX and other South Bay cities
• It is equally overshadowed by the more well -known L A. business districts
• It offers a wonderful small town quality of life that provides a unique feel to
Southern California
• It is home to some of the best corporate brands in the nation
-111- 201
Based on these ideas, we have developed a brand message based on the
phrase "Best Kept Secret." Below are our current options for a possible phrase
Southern California's Best Kept
Secret
SoCal's Best Kept Secret
L A 's Best Kept Secret
Whichever phrase is chosen, it will be used on all materials in coordination with
the City of El Segundo business logo All communication, creative work and
branding will be driven by this idea that El Segundo is the best kept secret in the
Southern California business community
1 07 - Tactics
As stated earlier, one of our goals is to keep this campaign simple and easy to
implement To that end, we propose only 4 types of brand marketing tactics to
be used to reach the city's goals Keeping this campaign fairly "stripped down"
will keep costs under control and prevent waste, allow us to be more
responsive to feedback and changing market conditions, and move work
through the city's approval process more easily
We have chosen the following tactics
New El Segundo Business "Brochure- ware" Website We propose
developing a completely new and separate business Website for the city as
the heart of this campaign. The new site would reflect the El Segundo brand
and would offer businesses a complete range of interactive tools that would
allow them to gather information about the city business environment, send
inquiries, communicate with city officials, locate local resources, and provide
their contact information
Features of the web site would include
• A max of 25 HTML pages.
• A brief overview on the location of El Segundo
• A brief overview on the history of El Segundo
• A brief overview on the statistics of El Segundo
• A brief overview on current major development projects in El Segundo
• Downloadable documents providing comprehensive business information
• Written testimonials from local business leaders currently located in El
Segundo
• A sign -up for an El Segundo business e- newsletter
• A quarterly direct email newsletter
• Contact information
• Statistical tracking and reporting
-rv-
202
Features of the web site would NOT include*
• Database back -end
• Content Management System (CMS)
• Original art – such as photography and /or custom illustration
• Flash effects including sound and /or animation
Possible and currently available Web addresses for this site
a www elsegundobusiness com
b www elsegundoforbusiness com
c www elsegundobiz com
d www smalitownbigbusiness com
* ** SEE ATTACHED COMP FOR WEB SITE HTML INTERFACE * **
Advertising We will develop an integrated advertising campaign designed to
boost awareness of El Segundo, shift perceptions about the city, and drive
traffic to the business Website. We will focus on two kinds of advertising
Print advertising —We will develop a series (3 -6 ad layouts in total)
of bold, powerful print advertisements that will convey substantial
information to readers about the benefits of doing business in El
Segundo The ads will also serve as a "call -to- action" driving traffic
to the El Segundo Business Web Site These ads will run in the
following publication
• Los Angeles Business Journal 3 -5 Insertions*
* Sizes, quantities, color, etc will be determined at the time of negotiation and /or
purchase per the final approved designs
Outdoor advertising— Outdoor is high visibility and effective in
building brand awareness We will design a variety of outdoor
ads —most likely for billboards in key commute corridors for
corporate executives —that coordinate with the print advertising
The two will share the same design template, look and feel, copy
style and call to action to drive people to the business Website for
more detailed information
12' x 24' unit, 2 -3 units at 3 months per unit*
* ** SEE ATTACHED COMPS FOR A 12x24', 30 -SHEET
OUTDOOR BILLBOARD * **
• Direct response. Our direct response component will take 3 forms.
Direct mad to commercial real estate brokers —We will design and launch
4 0 J
-V-
a direct mail piece to be sent to major commercial real estate firms through the Los
Angeles metro area, focusing on the South Bay The focus of the piece will be to
announce the city's new web site and build brand awareness
• Direct e-mail to an "opt in" list of interested parties —We will deliver
monthly HTML and text a -mails to be sent to either real estate brokers or corporate
contacts who indicate on the Website that they wish to be contacted with more
information This will allow us stay "connected" with brokers, prospective tenets and
anyone else who would like to keep abreast of El Segundo Business
Bi- annual or quarterly outreach*
• Marketing Materials
• Brokers PDF Brochure —This piece will make it easier for the city to
control the type of information that flows from brokers to potential tenants, and will
encourage brokers to provide said information This will be a PDF that brokers can
download and print on demand for inclusion in their offerings and proposals
• City Tn -Fold Brochure - A standalone one -page, to -fold brochure that the
city can distribute to promote the city to prospective businesses.
2.00 – RFP PROPOSAL SHEET
I, Shannon Earle, have read and understand the attached specifications for the
Business Recruitment Campaign Further, if awarded contract, I agree to perform the
work in accordance with the terms and conditions of the bid and enter into the City of El
Segundo's Professional Services agreement as written
Bid Amounts For Business Recruitment Campaign, as outlined in specifications
1 Total cost for "ALL" deliverables specified in this RFP Not to Exceed $75,500
- 90,000 Cost Breakdown
• Creative Services- Not to Exceed $45,500
• Projected Media Buys & Other Costs * - Not to Exceed $30,000 - $44500
* Sizes, quantities, color, etc will be determined at the time of negotiation and/or
purchase per the final approved designs
3 00 – VENDOR QUESTIONNAIRE
ORGANIZATION Shannon David, Inc is a full service graphic design firm We
specialize in Brand Development with experience of implementing brands in Print,
Interactive, Environmental Graphics, Packaging & Advertising Shannon Earle founded
Shannon David, Inc on January 1, 2000. Shannon David, Inc is a home -based
business that works with experienced freelance talent around the world via the internet.
We are positioned to provide high -end creative services without large agency
bureaucracy and fees
-vi
-y
Our web site is currently being redesigned, but please feel free to visit our latest web
site archived at
http / /www shannondavid com /v2 0
PROFESSIONAL REFERENCES:
Frances Vandal, Manager
Raytheon
310 - 647 -0125
Scott Reed, Owner
Second City Bistro
310 - 322 -6085
Todd Hooper, Vice President
Trillium Lane Studios
206 - 390 -8614
Jeff Snyder, Vice President
The ALS Association
818- 880 -9007
QUALITY CONTROL PROGRAM Our quality control program consists of intimate client
interaction through the entire design process We present our work with a series of
presentations, from rough to final, that allows for our designs to be reviewed and
approve by the client at each and every important step, very similar to an architect
Once the client has approved our designs, we work directly with the vendor /fabricator
producing the final delivered product We require every vendor /fabricator to submit shop
drawings, and mock -ups if necessary, before any fabrication can begin Once
fabrication has begun, we inspect the work at the vendor /fabricator location We may
also follow up with surprise inspections at anytime during the fabrication process.
During installation, we may supervise the vendor /fabricator to insure the product is
installed to our specifications Once installation is complete we inspect the work and
create a 'punch list" of final items for the vendor /fabricator to correct The
vendor /fabricator is not paid 'punch list" is complete to our and our clients satisfaction
CONTRACT ADMINISTRATOR
Shannon Earle, Principal
310 - 779 -5295
15 Years of Experience
-vu- 20,i
EMERGENCY CONTACT
Shannon Earle, Principal
310- 779 -5295
SUBCONTRACTING, Shannon David, Inc has no plans to sub - contract any work for
this contract
EMPLOYEES NONE
AFFILIATIONS & ACCREDITATIONS�
"Business of the Year 2004" — El Segundo Chamber of Commerce
Member — El Segundo Chamber of Commerce
Member — Society of Environmental Graphic Design
Member — American Institute of Graphic Arts
CERTIFICATE OF INSURANCE. Shannon David, Inc. obtains professional liability
insurance on a per - protect basis. Shannon David, Inc , if awarded contract, will
immediately obtain and maintain insurance for the duration of the project per the
requirement set forth in the Professional Services Agreement
4 00 -- TERMS & CONDITIONS
Payment terms of this contract shall be in the form of retainer scheduled per the
following
20% of Total ($18,000) or amount due upon commencement of contract
• Balance to be invoiced monthly upon completion & delivery of individual
deliverables
SDI will submit a monthly invoice and statement outlining time accrued on the account
in the form of weekly time sheets, including reimbursable expense reports
In addition to the Basic Services, SDI shall be reimbursed for all out -of- pocket
expenses incurred on client's behalf, for items such as graphic reproduction services,
delivery charges, mileage, etc Reimbursable expenses will be invoiced monthly at
1 20 times actual cost
For Additional Services requested by client, or for time spent on revisions caused by
changes to work previously approved, SDI shall be compensated on an hourly basis at
$100 an hour
- vui -
2Jt,
Exhibit "B"
Light Pole Banner Program
1 00 - SPECIFICATIONS
1 1 01 — DESIGN — Design a minimum of three (3) initial designs for Caltrans and
City review and approval with a finaldeliverable of two (2) actual sets of banners for light
poles Submitted designs must meet Caltrans requirement 501 5B, Decorative Banners
The banners will be 80" H x 30" W and will be installed as either single or double
banners per the final and approved Placement Plan The designs will utilize a maximum
of (4) colors (CMYK)with a minimum of two (2) colors (PMS) and be made of weather
resistant material TO BE FABRICATED BY OTHERS
2. 1 02 — LOCATION — The RFP states a requirement to install banners on each
and every light pole through theSepulveda Boulevard from Imperial to Rosecrans
Based on our experience, we feel this would be overkill and a waste of city funds We
highly recommend a staggered Placement Plan placing banners every 3 -5 light poles
Thus reducing the final banner count to roughly 25 -50 banners See attached initial
Placement Plan.
3 1.03 — INSTALLATION — Installation, including all necessary hardware
(brackets), to be provided by fabricator perCaltrans requirements Fabricator to also
obtain necessary permits
4. 1 04 — COST ESTIMATES
(a) Design Services Fees Not to $10500
Exceed
(b) Fabrication & Installation Estimates $24500
Not to Exceed (by others)`.
(i) Configuration A. 20 -25 D/S
Double Banners
(u) Configuration B• 30 -35 D/S
Double Banners
(iii) Configuration C. 40 -45 D/S
Double Banners
'NOTE Exact quantities
photographic renderings
desired aesthetic effect
2 00 — RFP PROPOSAL SHEET
will be dependent upon field survey results and
that will help determine quantities and achieve the
-ix -
207
I, Shannon Earle, have read and understand the attached specifications for the Light
Pole Banner Project Services Further, if awarded contract, I agree to perform the work
in accordance with the terms and conditions of the bid and enter into the City of El
Segundo's Professional Services agreement as written
Bid Amounts For Light Pole Banner Project services, as outlined in specifications
1 Total projected costs for "ALL" products & services specified in this RFP Not to
Exceed $35,000 Cost Breakdown
-Design Services Not to Exceed $10500
*Fabrication & Installation Not to Exceed (by others) $24500
3 00 — VENDOR QUESTIONNAIRE
ORGANIZATION Shannon David, Inc is a full service graphic design firm We
specialize in Brand Development with experience of implementing brands in Print,
Interactive, Environmental Graphics, Packaging & Advertising Shannon Earle founded
Shannon David, Inc on January 1, 2000 and is the sole proprietor Shannon David, Inc
is a home -based business that works with experienced freelance talent around the
world via the internet We are positioned to provide high -end creative services without
large agency bureaucracy and fees
Our web site is currently being redesigned, but please feel free to visit our latest web
site archived at
http / /www shannondavid com /v2 0
PROFESSIONAL REFERENCES
Frances Vandal, Manager
Raytheon
310 -647 -0125
Scott Reed, Owner
Second City Bistro
310 - 322 -6085
Todd Hooper, Vice President
Trillium Lane Studios
206 - 390 -8614
Jeff Snyder, Vice President
The ALS Association
818- 880 -9007
x_ "I 1ln
Mr. Jim Hansen
City of El Segundo
RE: Proposal & Fee Agreement for Design Services (Light Pole Banner Program)
Page 3 of 4
QUALITY CONTROL PROGRAM Our quality control program consists of intimate client
interaction through the entire design process We present our work with a series of
presentations, from rough to final, that allows for our designs to be reviewed and
approve by the client at each and every important step, very similar to an architect
Once the client has approved our designs, we work directly with the vendor /fabricator
producing the final delivered product We require every vendor /fabricator to submit shop
drawings, and mock -ups if necessary, before any fabrication can begin Once
fabrication has begun, we inspect the work at the vendor /fabricator location We may
also follow up with surprise inspections at anytime during the fabrication process
During installation, we may supervise the vendor /fabricator to insure the product is
installed to our specifications Once installation is complete we inspect the work and
create a "punch list" of final items for the vendor /fabricator to correct The
vendor/fabricator is not paid "punch list" is complete to our and our clients satisfaction
CONTRACT ADMINISTRATOR
Shannon Earle, Principal
310 - 779 -5295
15 Years of Experience
EMERGENCY CONTACT
Shannon Earle, Principal
310- 779 -5295
SUBCONTRACTING Shannon David, Inc. has no plans to sub- contract any work for
this contract
EMPLOYEES NONE
AFFILIATIONS & ACCREDITATIONS
"Business of the Year 2004" — El Segundo Chamber of Commerce
Member — El Segundo Chamber of Commerce
Member — Society of Environmental Graphic Design
Member — American Institute of Graphic Arts
-xi- 20�;
CERTIFICATE OF INSURANCE Shannon David, Inc, obtains professional liability
insurance on a per - project basis Shannon David, Inc , if awarded contract, will
immediately obtain and maintain insurance for the duration of the project per the
requirement set forth in the Professional Services Agreement
4 00 -- TERMS & CONDITIONS
Payment terms of this contract shall be in the form of retainer scheduled per the
following:
• 20% of Total amount due upon commencement of contract — $2,100
• Balance to be paid upon protect completion at NET 30
In addition to the Basic Services, SDI shall be reimbursed for all out -of- pocket
expenses incurred on client's behalf, for items such as graphic reproduction services,
delivery charges, mileage, etc Reimbursable expenses will be invoiced monthly at
1 20 times actual cost
For Additional Services requested by client, or for time spent on revisions caused by
changes to work previously approved, SDI shall be compensated on an hourly basis at
$100 an hour
nib
-xn-
EL SEGUNDO CITY COUNCIL MEETING DATE. March 15, 2005
AGENDA ITEM STATEMENT AGENDA HEADING- Reports of Committees, Boards and Commissions
Consideration and possible action regarding naming of the four (4) new El Segundo Public
Library Meeting Rooms
(1) Recommend that the City Council approve the following names for the 4 new library
meeting rooms- a) Parkview East; b) Parkview West, c) Jack London Room, and d) Agatha
Christie Room,
(2) Alternatively, discuss and take other action related to this item
BACKGROUND & DISCUSSION:
A City Capital Improvement Project (CIP) to construct 4 additional small meeting rooms on the
main floor of the El Segundo Public Library has been completed. The Library Board of
Trustees and the El Segundo Recreation and Parks Commission have approved the naming of
the new rooms a) Parkview East, b) Parkview West, c) Jack London Room, and d) Agatha
Christie Room
The largest meeting room is located on the North side of the library and can be divided into
two smaller meeting rooms These rooms face the park and are, therefore, proposed to be
named Parkview East and Parkview West The adjoining two smaller study rooms are to be
named for the prominent writers, Jack London (California author), and Agatha Christie
(mystery writer) since their works are widely read throughout the world and are considered
classics for popular reading lists The use of these rooms will be for Literacy students, study
groups, Friends of the Library, local organizations and City staff
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT:
Operating Budget None
Amount Requested NIA
Account Number- NIA
Project Phase, NIA
Appropriation Required. _Yes X No
D• DATE"'
1i
�h on, Director of Library &Cable Services
BY DATE,
in, City Manager 5
�1i
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA DESCRIPTION.
MEETINGDATE: March 15, 2005
AGENDA HEADING: Committees, Boards and
Commissions
Consideration and possible action regarding a request from the City Council Golf Sub-
committee to use the funds from the refinancing of the golf course bonds, $526,200, to
purchase several capital items that are needed at the Golf Course - (Fiscal Impact =
$526,200)
RECOMMENDED COUNCIL ACTION:
(1) Approve Public Works staff to go out to bid to replace the forty ounce artificial turf on
the driving range at the Lakes Golf Course, estimated cost $258,760 Direct staff to
include alternate weight of 20 ounce artificial turf as a bid option — (Estimated cost =
$190,000)
(2) Approve Public Works staff to go out to bid to add additional ninety feet high netting
across the back of the driving range - (Estimated cost = $64,200)
(3) Approve Public Works staff to go out to bid to replace the existing tee boxes on the
golf course - (Estimated cost = $91,869)
(4) Alternatively, discuss and take other action related to this item
BACKGROUND & DISCUSSION: (See the next page.. )
ATTACHED SUPPORTING DOCUMENTS.
None.
FISCAL IMPACT•
Capital Improvement Program: $586,200
Account Number*
501 - 400 - 5301 -8104
Amount Requested:
$526,200
Project Phase.
Initiate bid process
Appropriation Required:
Yes (Proceeds from the Golf Course Bond Refinancing)
ORIGINATED: DATE, March 7, 2005
Stacia Mancini, Director of Recreation and Parks
r:7 d91 d59 d 911: M .7 -lb
oas.os Golf sub.00MMmee- Remenoft Golf coupe font
for ft— of me Golf u— F. 09W 11 We
BACKGROUND AND DISCUSSION:
City Council appointed a Golf Sub - committee to oversee the transition of the golf course from
the previous management company, to work with the interim management company, and to
provide oversight while the new Request for Proposal are put together and the City goes out
to bid again. The Sub - committee had been meeting with the interim company, Donvan and
Lane, to review several of the improvements that are needed at the Golf Course.
With the golf course being in transition for over the last two (2) years, many of the capital
improvements have not been addressed The interim management company has presented a
business plan that outlines several of the immediate needs that should be addressed first. The
Golf Sub - committee met with the management company and prioritized the Capital Items they
felt should be taken care of immediately. The two (2) top priorities are the netting along the
rear of the driving range, and the replacement of the artificial turf on the driving range.
Raytheon has sent the City a letter complaining about the number of broken windshields their
employees have had, because balls hit from the driving range, with the new drivers, can get
over the existing fence The artificial turf has worn out on the driving range and the sand is
coming up through the fabric the sand creates a very rough landing area for the range balls
and wears them out in about three (3) months. The cost to replace the range balls is about
$22,000.
Another major issue is the tee boxes. The tee boxes have been over seeded with out being
leveled for several years and they now have a large mound that golfers must straddle to drive
the golf ball The range ball dispenser was replaced last year, but the ball washer that is a key
part of the operation was not, so the recommendation is to replace it, so that we can extend
the life of the range balls. The driving range is the largest profit center on the golf course
generating about $800,000 a year in revenue.
The refinancing of the bonds that were used to build the golf course this year, generated some
capital that can be used to try and improve the overall operation and profitability of the golf
course and the Sub - committee is recommending these items outlined in this report are key to
the success of the golf course operation.
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21 7
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
2/1 B /2005 THROUGH 3/3/2005
Date
1/5/05
1/6/05
2/17/05
2/17/05
2/18/05
2/24/05
2/24/05
2/10/05
2/11/05
3/1/05
3/2/05
3/2/05
3/2/05
3/2/05
3/3/05
2/18- 3/3/05
Payee
Amount
Description
Health Comp
34938
Correct transposition
Federal Reserve Bank
30000
Employee Savings Bond I
Federal Reserve Bank
20000
Employee Savings Bond EE
Federal Reserve Bank
25000
Employee Savings Bond I
Siemens Credit Corp
43,725,00
Qtrly Energy Payment
Employment Development
32,603 39
State Taxes
IRS
169,26082
Federal Taxes
West Basin
2,14224
Weekly claims 2J18
Health Comp
2,94066
Weekly claims 2/4
Federal Reserve Bank
25000
Employee Savings Bond I
Health Comp
1,35895
Weekly claims 2/25
PERS
215,12991
Retirement payment
Lan Donovan Golf Ptrs
15,70768
Lakes Payroll Transfer
US Bank
6,50000
District 73 Interest Payment
US Bank
195,700 00
District 73 Principal Payment
Workers Comp Activity
26,997 64
SCRMA checks issued
713,415 67
DATE OF RATIFICATION: 3/15/05
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by
DepWTreasLtWr Date
Director of Administrative Service Date
City Manager Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo
713,415.67
215
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 1, 2005 — 5 00 P M
5 00 P M SESSION
CALL TO ORDER — Mayor McDowell at 5 00 p m
ROLL CALL
Mayor McDowell
Mayor Pro Tern Gaines
Council Member Boulgandes
Council Member Busch
Council Member Jacobson
- Present
- Present
- Present
- Present Arrived at 503 P M
- Present
City Attorney Mark Hensley announced that Council would be meeting in closed session pursuant
to items identified on the agenda and that 54956 9(b) items are a threat of litigation regarding
Claim 05 -03 (Karrer) and 916 Sheldon Street
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30
minute limit total) Individuals who have received value of $50 or more to communicate to the City
Council on behalf of another, and employees speaking on behalf of their employer, must so identify
themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and
punishable by a fine of $250
CLOSED SESSION
The City Council moved into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, et seg ) for the purposes of conferring with the City's Real
Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation,
and /or discussing matters covered under 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)) — 3
matters
City of El Segundo v City of Los Angeles, et al LASC No BS094279
Michael Ward v City of El Segundo, et al , LASC No BC325247
Irene Chen v City of El Segundo, LASC No. YC049424
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956 9(b) -2- potential cases
(no further public statement is required at this time), Initiation of litigation pursuant to Government
Code §549569(c) -1- matter
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 1 matter
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 1, 2005
PAGE NO 1
$ 216
Public Employment (position to be filled)
Title City Manager
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) — 0 matter
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — 0 matter
SPECIAL MATTERS - 0 matter
Council moved to open session at 6 45 p m
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 1, 2005
PAGE NO 2
2 -L
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 1, 2005 - 7 00 P M
7 00 P M SESSION
CALL TO ORDER — Mayor McDowell at 7 00 p m
INVOCATION — Reverend Dino Tumbuan, Interim Pastor, St John's Lutheran Church
PLEDGE OF ALLEGIANCE — Council Member Jim Boulgarides
PRESENTATIONS —
(a) Council Member Busch presented a Proclamation recognizing both trees and the young
people of our community for the important roles they play in Improving our hometown quality
of life and proclaiming March 12, 2005 as California Arbor Day.
ROLL CALL
Mayor McDowell -
Present
Mayor Pro Tern Gaines -
Absent
Council Member Boulgarides -
Present
Council Member Busch -
Present
Council Member Jacobson -
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 Cdy 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.
Liz Garnholz, resident, asked for clarification regarding Consent Agenda Item Number 6, the
extention of MWW Group Contract No 3382 related to the LAX Master Plan, through September
30, 2005
A PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda by title only
MOVED by Council Member Jacobson, SECONDED by Council Member Busch to read all
ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS
VOICE VOTE 410 Mayor ProTem Gaines absent
SPECIAL ORDERS OF BUSINESS
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 1, 2005
PAGE NO 3
4210
Public Hearing regarding an appeal of a November 15, 2004 Planning Commission
decision approving Environmental Assessment No 636, Subdivision No 04 -02 (Vesting
Tentative Tract Map 60995), and Variance No 04 -01 for converting an existing 35 -unit
apartment complex to condominiums at 910 E Grand Avenue ( "Project ")
Mayor McDowell stated this is the time and place hereto fixed for a public hearing regarding
an appeal of a November 15, 2004 Planning Commission decision approving
Environmental Assessment No 636, Subdivision No 04 -02 (Vesting Tentative Tract Map
60995), and Variance No 04 -01 for converting an existing 35 -unit apartment complex to
condominiums at 910 E. Grand Avenue City Clerk Mortesen stated that proper notice was
completed and no communications had been received In the City Clerk's Office
Seimone Jurps, Planning and Budding Safety Director, gave a report
Applicant: Elizabeth Srour, Srour & Associates, LLC, made a brief statement on behalf of
the applicants, Albert & Madeleine Marco She stated that the applicant is recommending a
reduction in the number of units from 35 to 32, thereby reducing the number of parking
spaces, and reducing the number of one bedroom units to nine
Appellants
El Segundo Residents Association Eric Johnson, requested Council approve the appeal of
the Planning Commission's decisions on the basis of excessive lot coverage, and
inadequate parking spaces
Wyle Laboratories None
Applicant, Albert Marco, proposed to reduce the number of units to 32, to Increase the
parking spaces per unit He also stated that the one bedroom units may be the only units In
the city that are affordable.
MOTION by Council Member Jacobson, SECONDED by Council Member Boulgardes to
close the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 Mayor
Pro Tern Gaines absent
City Attorney Mark Hensley explained to the Council the criteria that must be reviewed with
respect to determining whether to grant or deny a variance
Council consensus to direct staff to draft a resolution denying a variance request on the lot
coverage, undersize units of 748 square feet and the variance on the reduction of the width
of the parking spaces
Seemone Jurps, Director of Planning and Building Safety stated there is no parking variance
required for the number of spaces if the number of units are reduced from 35 to 32
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 1, 2005
PAGE NO 4
MOVED by Mayor McDowell, SECONDED by Council Member Boulgandes to take action to
overturn the Planning Commission decision and deny the condominium conversion request
MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 Mayor Pro Tern Gaines absent.
B UNFINISHED BUSINESS
2 Consideration and possible action regarding- (1) the redesignation and rezoning of
approximately 85.8 acres of property within the City of El Segundo located on the northeast
corner of Rosecrans and Sepulveda Boulevards currently designated for industrial uses to a
new Commercial Center (C -4) classification ( "Sepulveda /Rosecrans Site Rezoning "), (2)
approval of land use entitlements, including a development agreement, for a proposed
shopping center development project located on 43 3 acres within the
Sepulveda /Rosecrans Site Rezoning area ( "Plaza El Segundo project"), and (3) the
adoption of an Environmental Impact Report ( "EIR ") pursuant to the California
Environmental Quality Act ( "CEQA ") for the Sepulveda /Rosecrans Site Rezoning Reduced
Traffic Generation Alternative and the Plaza El Segundo Development Reduced Traffic
Generation Alternative
Seimone Jurps, Director of Planning and Building Safety, gave a report
Mark Hensley, City Attorney read by title only
RESOLUTION NO 4415
A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL TO CERTIFY AN ENVIRONMENTAL
IMPACT REPORT SUBMITTED BY MAR VENTURES, INC AND THE CITY OF EL
SEGUNDO FOR ENVIRONMENTAL ASSESSMENT NO. 631 AND GENERAL PLAN
AMENDMENT NO 03-4 & 03 -5, FOR THE SEPULVEDA/ROSECRANS SITE REZONING
AND PLAZA EL SEGUNDO DEVELOPMENT PROJECT (REDUCED TRAFFIC
GENERATION ALTERNATIVES)
MOVED by Council Member Busch, SECONDED by Council Member Boulgandes to adopt
Resolution No, 4415, certifying an Environmental Impact Report submitted by Mar Ventures, Inc
and the City of El Segundo for Environmental Assessment No. 631 and General Plan Amendment
No 03 -4 & 03 -5, for the Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development
Project (Reduced Traffic Generation Alternatives) MOTION PASSED BY UNANIMOUS VOICE
VOTE 4/0 Mayor Pro Tern Gaines Absent
Mark Hensley, City Attorney announced the following change on page 326 of the stamped pages
and page 11 of the Development Agreement, Section 6 9 with the insertion of except to the
extent County permits may be required to drill any wells on the Property and /or to
discharge into the sanitary sewer system (see attached).
Mark Hensley, City Attorney read by title only
ORDINANCE NO. 1382
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 1, 2005
PAGE NO 5
220
AN ORDINANCE REGARDING AN APPLICATION FROM MAR VENTURES, INC AND THE CITY
OF EL SEGUNDO APPROVING DEVELOPMENT AGREEMENT NO 03 -1, ZONE CHANGE NO.
03 -2 & 03 -3, ZONE TEXT AMENDMENT NO 04 -1 ADDING CHAPTER 15 -5G AND AMENDING
SECTIONS 15 -3 -1 AND 15 -15 -6 OF THE EL SEGUNDO MUNICIPAL CODE, AND SUBDIVISION
NO 03 -7 (VESTINGTENTATIVE TRACT NO 061630) FOR THE SEPULVEDA/ROSECRANS
SITE REZONING AND PLAZAA EL SEGUNDO DEVELOPMENT (REDUCED TRAFFIC
GENERATION ALTERNATIVES)
Council Member Boulgandes Introduced the ordinance with the amendments Included in the
Development Agreement
D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
E CONSENT AGENDA
All Items listed are to be adopted by one motion without discussion and passed unanimously If a
call for discussion of an Item Is made, the item(s) will be considered Individually under the next
heading of business.
3 Approved Warrant Numbers 2545880 to 2546111 on Register No 10 In the total amount of
$596,937 83 and Wire Transfers from 2/04/2005 through 2/17/2005 In the total amount of
$1,309,748 33 Authorized staff to release Ratified Payroll and Employee Benefit checks,
checks released early due to contracts or agreement, emergency disbursements and /or
adjustments, and wire transfers
4. Approved City Council Meeting Minutes of February 15, 2005 and Special City Council
Meeting Minutes of February 22, 2005
5 Approved General Services Agreement No 3449 between the City of El Segundo and the
County of Los Angeles for an additional five years commencing on July 1, 2005 which would
allow the City to access on an as needed basis municipal support services performed by the
County, such as traffic signal maintenance and other public works activities (Fiscal Impact
None)
6 CALLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES
7 Awarded Contract No 3450 to S &L Specialty Contracting, Inc for construction related to the
Residential Sound Insulation Program's Bid Group 5 (31 residences) (Estimated
construction cost and retention, $1,109,713) Authorized the City Manager to execute the
contract in a form approved by the City Attorney
Accepted the work as complete for the abatement of asbestos and lead at the Clubhouse
located at 300 E Pine Avenue — Approved Capital Improvement Project — Project No PW
04 -08 (Final Project Cost $49,950) Authorized the City Clerk to file the City Engineer's
Notice of Completion in the County Recorder's Office
MOVED by Council Member Jacobson, SECONDED Council Member Boulgandes to approve
Consent Agenda Items 3, 4, 5, 7 and 8 MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 1, 2005
PAGE NO 6
221
Mayor ProTem Gaines absent Council Member Busch not participating on Item number 8 due to
the location of his residence.
CALL ITEMS FROM CONSENT AGENDA
6 Consideration and possible action to extend the current agreement with the MWW Group for
provision of services related to the City's efforts regarding the Los Angeles International
Airport (LAX) Master Plan through September 30, 2005 (Fiscal Impact $56 000)
MOVED by Mayor McDowell, SECONDED by Council Member Boulgandes to approve the First
Amendment to Agreement No 3382 with the MWW Group extending the City's current agreement
for provision of services related to the City's efforts regarding the Los Angeles International Airport
Master Plan through September 30, 2005; appropriate $56,000 from the City's Economic
Uncertainty Fund to cover the cost of the extension MOTION PASSED BY UNANIMOUS VOICE
VOTE 410 Mayor Pro Tem Gaines absent.
F NEW BUSINESS
G REPORTS — CITY MANAGER — Spoke regarding the RSI program, and stated the City had
submitted another two million dollar grant, Announced the hiring of a new City Engineer
Steve Finton.
H REPORTS — CITY ATTORNEY — NONE
REPORTS — CITY CLERK — NONE
REPORTS — CITY TREASURER — NONE
K REPORTS — CITY COUNCIL MEMBERS
Council Member Boulgandes — Spoke regarding the Santa Monica Bay Restoration Project, and
the 2 % millions dollars to complete purchase on the Malibu water shed; announced the campaign
reform item should be on the March 15 agenda Requested Chief Wyat address the arrest and
solving of a string of burglaries
Council Member Busch — Requested an update on the Douglas Street Gap Closure Project and f
requested updates be given at each City Council meeting Spoke regarding the Tree's to the Sea
Project
City Manager, Mary Strenn announced that the Protect bid package is now in the hands of Cal -
Trans and the City anticipates awarding the bid by the end of May, 2005
Council Member Jacobson — Requested staff investigate the increasing number of accidents at the
intersection of Maple Avenue and Main Street
Mayor Pro Tern Gaines — Absent
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 1, 2005
PAGE NO 7
22 ,?
Mayor McDowell — Announced the illness of and Assemblyman and former El Segundo Mayor
Mike Gordon Spoke on the recent meeting with the Governor regarding the retention of the Los
Angels Air Force Base He also spoke regarding his testimony for the retention of the 439 bus line
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
Liz Garnholz, resident, thanked Council Member Boulgandes for bring campaign reform to the
agenda She also spoke on relocation of the Farmers Market
Eric Johnson, resident, thanked Council for their denial of the condominium conversion protect,
and sent best wishes to Assemblyman Gordon.
George Hoops, resident, addressed the sewer pipe taxes attached to his water bill He further
stated that the taxes exceed his water bill
Julius Wilson, resident, spoke regarding water billing and the suspension of the bus line
Stacia Mancini, Director of Recreation and Parks, reported on the survey done during the Farmers
Market, and the subsequent report to Council.
MEMORIALS —
CELEBRATIONS — 62nd wedding anniversary of Jim Cadam, a retired LA City Fireman and Kay
Smith Cadam, parents of long time El Segundo resident and City employee, Susie Mcllroy
CLOSED SESSION - NONE
ADJOURNMENT — at 8 45 p.m.
Cindy Mortesen, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 1, 2005
PAGE NO 8
a2.!
this Agreement and shall remain in effect for a period of 30 years from the effective date of this
Agreement.
68 Contribution to Downtown Developer agrees to pay the City $125,000 upon the
earlier of (1) the expiration of the statute of limitation for challenging the Project Approvals
with no challenge having been filed, or (2) upon a final court judgment or settlement of litigation
which results in the Developer being allowed to proceed with development of the Property, ,
Thereafter, Developer shall pay the City an additional $125,000 within one year of the date upon
which the Developer was obligated to make the first $125,000 payment to the City These funds
paid to the City shall be used for purposes of enhancing, promoting, or maintaining the public
right of ways adjacent to the business and properties within the Downtown Specific Plan area
The City shall form a subcommittee with representatives from the City and business community
for purposes of forming recommendations to the City Council with respect to the expenditure of
such funds
69 Third -Party Agreements Restricting Uses on Property. Developer warrants and
represents that it has not and will not enter into any agreements with third - parties, or record any
restrictions against the Property, which directly or indirectly limit the potential uses for the
Property that are currently permitted pursuant to this Agreement or in the C -4 Zone in any
respect, including but not limited to the particular retailers, types and /or sizes of structures or
businesses, types of uses, or the owners of any businesses allowed on the Property. The
Developer may request that the City Council consent to any such restriction which consent may
be withheld in the City Council's sole discretion Without acknowledging that any of the uses
identified in (5) and (7) below are permitted pursuant to this Agreement or the C -4 Zone, the
provisions of this Section 6 9 shall not apply to, or affect or restrict the terms of (1) any lease
between the Developer and a bona fide tenant of the Property for purposes of restricting
competition relating to the tenant's business, (2) any purchase and sale agreement between the
Developer and a bona fide retail business /purchaser of one or more parcels of the Property for
purposes of restricting competition relating to the retailer's business, (3) any agreement or
permit between the Developer and any federal, state or regional regulatory agency (not including
the County of Los Angeles except to the extent County permits may be reauired to drill
any wells on the Property and /or to discharge into the sanitary sewer system) or cities),
such as, but not limited to the Army Corps of Engineers, the Environmental Protection Agency,
the Department of Fish and Wildlife, the Department of Toxic Substances Control, the Public
Utilities Commission, the Regional Water Quality Control Board and the California Department
of Fish and Game,(4) normal and customary covenants, conditions and restrictions for retail
centers (commonly referred to as "CC &R's ") so long as such do not restrict the uses that are
currently permitted on the Property pursuant to this Agreement or the C -4 Zone, (5) any
restrictions on residential, health care, child care, schools, or other similar uses imposed by the
current owner of the Property, Honeywell International Inc , (6) any restrictions on using
groundwater underneath the Property for human consumption, irrigation, or other purposes that
might bring groundwater into contact with humans, or (7) restrictions prohibiting bowling alleys,
arcades, skating rinks, billiard rooms, carnivals or circuses, the sale of used goods or materials,
dance halls, bars (not including bars that are an ancillary use to another permitted use), funeral
parlors, the sale of paraphernalia for use with illegal drugs, automobile services (including but
not limited to service stations), automobile sales, liquidation sales (not including court ordered
sales), veterinary services (except as ancillary use to a pet store), tattoo parlors and pawn shops
44386ADOC%_C --2vs 11313990 ii '—
EL SEGUNDO CITY COUNCIL MEETING DATE: March 15, 2005
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Consideration and possible action regarding adoption of a Resolution denying Environmental
Assessment No 636, Subdivision No 04 -02 (Vesting Tentative Tract Map 60995), and
Variance No 04 -01 for converting an existing 35 -unit apartment complex to condominiums at
910E Grand Avenue ( "Project")
RECOMMENDED COUNCIL ACTION:
1) Adopt a Resolution denying Environmental Assessment No 636, Subdivision No 04 -02
(Vesting Tentative Tract Map 60995), and Variance No 04 -01, and /or
2) Alternatively, discuss and take other action related to this Item.
BACKGROUND & DISCUSSION:
On March 1, 2005, the City Council held a public hearing and reviewed the facts related to the
appeal of the Project After public testimony, the City Council chose to consider a modified
project proposed by the applicant during the public hearing that would reduce the variances
requested for the project The proposed modifications included combining six of the one -
bedroom units into three units, thereby reducing the total number of units from 35 to 32 units
and reducing the number of units that do not meet the minimum unit size of 1,000 square feet
from 15 units to 12 units In addition, the applicant proposed to eliminate the two guest
parking spaces proposed to be located within the required side and rear yard areas and
provide 68 enclosed parking spaces where 67 parking spaces would be required
In light of the proposed changes, the City Council ultimately considered the following
variances 1) lot coverage that exceeds the 40% permitted by 16 9% (per the 1978 Municipal
Code), 2) 12 dwelling units (748 square feet each) that do not meet the minimum 1,000
square -foot unit size requirement (per the 1978 Municipal code), and 3) substandard parking
width for 46 of the 68 parking spaces proposed (unless the parking area is re- striped or
structurally modified)
(Continued on next page
ATTACHED SUPPORTING DOCUMENTS:
A Resolution No _
FISCAL IMPACT- None
Operating Budget*
N/A
Amount Requested:
N/A
Account Number-
N/A
Project Phase.
N/A
Appropriations Required-
Yes x No
ORIGINATED BY: DATE /�a S
s..eG:.�..e
Seimone Jugis, a or of Planning and Budding Safety Department / Acting City Engineer
DATE:
� /fir 9
225
BACKGROUND $ DISCUSSION — Pacie 2
Upon deliberation of the revised project the City Council acted to uphold the appeal, thereby
denying the project and directed staff to prepare a resolution which is attached for the City
Council's consideration
2 2c
RESOLUTION NO. _
A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL UPHOLDING THE
APPEAL OF THE PLANNING COMMISSION'S DECISION, THEREBY
DENYING ENVIRONMENTAL ASSESSMENT NO. EA -636, SUBDIVISION NO.
04 -02 (VESTING TENTATIVE TRACT MAP NO. 60995), AND VARIANCE NO.
04 -01 TO ALLOW THE CONVERSION OF AN EXISTING 35 -UNIT
APARTMENT COMPLEX TO CONDOMINIUMS AT 910 EAST GRAND
AVENUE,
The City Council of the City of El Segundo does resolve as follows
SECTION 1 The Council finds and declares that
A On February 24, 2004, Albert and Madeleine Marco filed an application for
Environmental Assessment No EA -636, Subdivision No 04 -02 (Vesting
Tentative Tract Map No 60995), and Variance No 04 -01 to allow the conversion
of a an existing 35 -unit apartment to condominiums at 910 E Grand Avenue,
B Albert and Madeleine Marco's application was reviewed by the City's Planning
and Building Safety Department for, in part, consistency with the General Plan
and conformity with the ( "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 The Planning and Building Safety Department completed its review and
scheduled a public hearing regarding the application before the Planning
Commission for October 14, 2004,
E On October 14, 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 Albert and
Madeleine Marco,
F After taking information submitted during the October 14, 2004, public hearing
the Commission continued the matter until its November 15, 2004 Special
Meeting,
G On November, 14, 2004, the Commission considered the information provided by
City staff, public testimony, and Albert and Madeleine Marco's representatives,
and adopted Resolution No 2576 and its findings, which were made based upon
the evidence presented to the Commission at its October 14, 2004 and
November 15, 2004 hearings including, without limitation, the staff reports
submitted by the Planning and Budding Safety Department,
7 r r+
22r
H On November 28 and November 29, 2004, the El Segundo Residents
Association and Wyle Laboratories Inc. filed separate timely appeals of the
Planning Commission's decision to approve Environmental Assessment No EA-
636, Subdivision No 04 -02 (Vesting Tentative Tract Map No 60995), and
Variance No 04 -01,
On December 21, 2004, the City Council held a hearing to receive evidence
regarding the application including, without limitation information provided to the
Planning Commission by Albert and Madeleine Marco; the hearing was
continued until February 1, 2005 At that time the public hearing was continued
again to March 1, 2005, and
On March 1, 2005, the City Council considered the information provided by City
Staff, public testimony, and Albert and Madeleine Marco's representatives, and
closed the public hearing and directed staff to prepare a resolution to deny the
project for consideration at the March 15, 2005 Council Meeting
SECTION 2 Factual Findings The Council finds that the following facts exist
A The subject site is located in the "R -3" Multi -Family Residential Zone,
B The surrounding land uses consist of apartments to the north, an active oil well to
the south, the Los Angeles County Storm Water Basin to the east, and
apartments to the west,
C The subject site is a rectangular lot measuring 157 49 feet wide by 220 35 feet
deep, totaling 34,702 square feet,
D The subject site is currently developed with two buildings, providing thirty -five
residential units,
E The subject site has vehicular access from a driveway off of Maryland Street at
the front of the property,
F The proposed project would consist of the conversion of two existing three -story
buildings comprised of 35 apartment units to condominiums, 6 of the units would
be combined into three reducing the total number of units to 32 The project
would include 20 two- bedroom units and12 one - bedroom units, for a total of 32
units, with 68 enclosed parking spaces, and
G The project, as amended by the applicant at the March 1, 2005 Council Meeting
includes a variance request to allow 1) lot coverage that exceeds the 40%
permitted by 16 9% (per the 1978 Municipal Code), 2) 12 dwelling units (748
square feet each) that do not meet the minimum 1,000 square -foot unit size
required (per the 1978 Municipal Code), and 3) substandard parking width for 46
of the 68 parking spaces proposed
SECTION 3 Vanence After considering the above facts regarding proposed Environmental
Assessment No 636, Subdivision No 04 -02 (Vesting Tentative Tract Map No 60995), and
Variance No 04 -01, the City Council finds as follows
228
A Environmental Assessment No 636 is hereby denied based upon the fact that
the project does not conform to the zoning standards of the zone as required by
the El Segundo Municipal Code as the protect does not comply with the lot
coverage, unit size and parking stall requirements of the Code
B The variances requested are hereby denied based upon each of the separate
and individual findings set forth below
1) There are no exceptional or extraordinary circumstances or conditions
applicable to the property or to the intended use that do not apply generally to
the other property or class of use in the same vicinity and zone The project
site consists of four lots of regular size and shape which have adequate
street access In addition, the sloping topography is typical of other
properties in the same vicinity and zone The standards being applied to the
project are the same standards that would be applied to other condominium
conversion projects for apartments built during the same time period as the
apartments on the applicable property There are no extraordinary
circumstances that justify a variance for lot coverage, unit size, or parking
stall width
2) The variances are not necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity
and zone and is denied to the property in question since the property was not
developed to the zoning code condominium standards at the time of original
construction The requested variances for lot coverage, unit size, and parking
stall width are not individually or collectively necessary for the preservation
and enjoyment of a substantial property right possessed by other property in
the same vicinity and zone The standards being applied to the project are
the same standards that would be applied to other condominium conversion
projects for apartments built during the same time period as the apartments
on the applicable property The applicant may maintain the existing building
with 35 apartment units, remodel the buildings to conform to the
condominium standards in effect at the time of original construction, or rebuild
the site with units that conform with today's standards
3) The granting of the variances would be materially detrimental to the public
welfare or injurious to the property or improvements in such vicinity and zone
in which the property is located since the property was not built to the
condominium standards in effect at the time of construction Condominium
projects constructed at that time were required to comply with more stringent
development standards (including lot coverage and unit size) than
apartments It would be detrimental to the public welfare to approve
variances for lot coverage that exceeds the maximum allowed by 16 9 %, for
units that are approximately 25% smaller than the 1,000 square -foot
minimum, and for a substandard parking width for 46 of the 68 parking stalls
4) Granting of the variances will adversely affect the General Plan The
proposed project is not consistent with the goals, policies, and objectives of
the "R -3" Multi -Family Residential Zone which requires preservation and
maintenance of the City's low- medium density residential uses with minimum
development standards The project does not meet the minimum
�2�
development standards for condominiums (for lot coverage, minimum unit
size, and parking stall width) at the time of original construction
C Subdivision No 04 -02 (Vesting Tentative Tract Map No 60995) is hereby denied
as the proposed project is not consistent with the applicable zoning standards set
forth in the El Segundo Municipal Code as the property does not conform with lot
coverage, unit size and parking stall requirements of the Code
SECTION 4 This Resolution will remain effective unless superseded by a subsequent
resolution
SECTION 5 The City Clerk is directed to mad a copy of this to Albert and Madeleine Marco,
Wyle Laboratories Inc, and the El Segundo Residents Association (ESRA), and to any other
person requesting a copy
SECTION 6. This Resolution is the City Council's final decision and will become effective
immediately upon adoption
PASSED AND ADOPTED this 15th day of March 2005
Kelly McDowell, Mayor
APPROVED AS TO FORM
Mark D Hensley, City Attorney
By
Mark K Hensley
City Attorney
X-
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 15th day of March 2005, and the same was so passed and adopted by the following
roll call vote
AYES
NOES
ABSENT
ABSTAIN.
NOT PARTICIPATING
ATTEST
Cindy Mortesen,
City Clerk
P "annng & Budding Safety\PROJECTS�626- 650\Ea- 636 \EA -636 rest cc doc
231
EL SEGUNDO CITY COUNCIL MEETING DATE: March 15, 2005
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding adoption of an Ordinance for (1) the rezoning of
approximately 85 8 acres of property within the City of El Segundo located on the Northeast
corner of Rosecrans and Sepulveda Boulevards currently designated for industrial uses to a
new Commercial Center (C -4) classification ( "Sepulveda /Rosecrans Site Rezoning "), and, (2)
approval of land use entitlements, Including a development agreement, for a proposed
shopping center development protect located on 43 3 acres within the Sepulveda /Rosecrans
Site Rezoning area ('Plaza El Segundo protect")
RECOMMENDED COUNCIL ACTION:
1) Second reading by title only, and adoption of Ordinance No 1382 for Zone Change Nos
03 -2 and 03 -3, Zone Text Amendment No 04 -1, and Subdivision No 03 -7 for the
Sepulveda /Rosecrans Site Rezoning Reduced Traffic Generation Alternative and Plaza El
Segundo Development Reduced Traffic Generation Alternative, and Development
Agreement No 03 -1 for the Plaza El Segundo Development Reduced Traffic Generation
Alternative, and /or
2) Alternatively, discuss and take other action related to this item
BACKGROUND & DISCUSSION:
On March 1, 2005, the Council held a continued public hearing and adopted Resolution No
4415 approving Environmental Assessment No 631 for General Plan Amendment Nos 03 -4
and 03 -5 The Council also Introduced an ordinance to adopt the Zone Change, Zone Text
Amendment, Development Agreement, and Subdivision for the Reduced Traffic Generation
Alternatives for the Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development
The Ordinance was read into the record and is presented for a second reading and adoption If
adopted without change, the provisions will become effective In 30 days
ATTACHED SUPPORTING DOCUMENTS.
A Ordinance No 1382
FISCAL IMPACT.
Operating Budget, N/A
Amount Requested: N/A
Account Number. N/A
Project Phase, N/A
Appropriation Required, _Yes X No
Planninq and Bull
REVIEWED BY:
Teel - 1 0
P \Planning & Building Safety\Proiects\626- 650 \Ea - 631 \Council Agenda Packet\3 -1 -05 hearing \Ea -631 ais 3 -1 -05 doc
2.32
ORDINANCE NO. 1382
AN ORDINANCE REGARDING AN APPLICATION FROM MAR
VENTURES, INC. AND THE CITY OF EL SEGUNDO APPROVING
DEVELOPMENT AGREEMENT NO. 03 -1, ZONE CHANGE NO. 03 -2 &
03 -3, ZONE TEXT AMENDMENT NO. 04 -1 ADDING CHAPTER 15 -5G
AND AMENDING SECTIONS 15-3 -1 AND 15 -15 -6 OF THE EL
SEGUNDO MUNICIPAL CODE, AND SUBDIVISION NO. 03 -7 (VESTING
TENTATIVE TRACT NO. 061630) FOR THE SEPULVEDA/ROSECRANS
SITE REZONING AND PLAZA EL SEGUNDO DEVELOPMENT
(REDUCED TRAFFIC GENERATION ALTERNATIVES).
The City Council of the City of El Segundo does ordain as follows.
SECTION 1 The City Council finds and declares that
A On November 17, 2003, Mar Ventures, Inc filed an application for an
Environmental Assessment (EA -631), General Plan Amendment (GPA
No 03 -4), Zone Change (ZC No 03 -2) and Subdivision (SUB 03 -7,
Vesting Tentative Tract Map No 061630) to redesignate and rezone an
approximately 54 9 -acre property at the northeast corner of Sepulveda
Boulevard and Rosecrans Avenue On June 28, 2004 and July 26, 2004,
Mar Ventures, Inc filed additional applications requesting a Zone Text
Amendment (ZTA No 04 -2) and Development Agreement (DA No 03 -1)
If these matters are approved, the applicant proposes to develop a
425,000 square foot shopping center, known as Plaza El Segundo,
B On November 13, 2003, the City of El Segundo filed an application for a
General Plan Amendment (GPA No 03 -5) and Zone Change (ZC No 03-
3) to redesignate and rezoning an approximately 30 -acre property at the
northeast corner of Sepulveda Boulevard and Rosecrans Avenue from
Heavy Industrial (M -2) to Commercial Center (C -4) On April 26, 2004, the
City of El Segundo filed an application requesting a Zone Text
Amendment (ZTA No 04 -1) to amend the El Segundo Municipal Code
C The applications from Mar Ventures, Inc and the City of El Segundo were
reviewed by the City's Planning and Budding Safety Department for, in
part, consistency with the General Plan and conformity with the EI
Segundo Municipal Code ( "ESMC "),
D 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 "),
-I- < 3�
E 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 Program /Project
Environmental Impact Report ( "DEIR ") was prepared and circulated for
public review and comment between October 5, 2004 and November 19,
2004,
F The Planning and Building Safety Department completed its review and
scheduled a special public hearing regarding the application before the
Planning Commission for November 15, 2004,
G On November 15, 2004 the Commission held a special public hearing to
receive public testimony and other evidence regarding the applications
including, without limitation, information provided to the Commission by
City Staff, public testimony, and representatives of Mar Ventures, Inc , and
continued the public hearing to December 15, 2004,
H On December 15, 2004, the Planning Commission held the continued
public hearing and adopted Resolution No 2575 recommending City
Council approval of Environmental Assessment No 631, Development
Agreement No 03 -1, General Plan Amendment No 03-4 & 03 -5, Zone
Change No 03 -2 & 03 -3, Zone Text Amendment No 04 -1, and
Subdivision No 03 -7 (Vesting Tentative Tract No 061630),
On February 15, 2005 the City Council held a public hearing and
considered the information provided by City staff, public testimony and
Mar Ventures, Inc,
J On March 1, 2005 the City Council introduced Ordinance No 1382
approving Development Agreement No 03 -1, Zone Change No 03 -2 &
03 -3, Zone Text Amendment No 04 -1 and Subdivision No 03 -7 (Vesting
Tentative Tract No 061630) for the Sepulveda /Rosecrans Site Rezoning
and Plaza El Segundo Development (Reduced Traffic Generation
Alternatives),
K This Ordinance and its findings are made based upon the testimony and
evidence presented to the Council at its February 15, 2005 hearing
including, without limitation, the staff report submitted by the Planning and
Building Safety Department
SECTION 2 Factual Findings The City Council finds that the following facts exist
A The approximately 110 -acre irregularly shaped subject property is located
in the southern portion of the City of El Segundo The site is comprised of
13 separate parcels of varying sizes, ranging from 1 8 acres to 29 2 acres
The entire subject property is roughly bounded by Hughes Way to the
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north, Douglas Street to the east, Rosecrans Avenue to the south, and
Sepulveda Boulevard to the west
B The majority of the site was historically devoted to industrial chemical
manufacturing facilities Honeywell International, Inc and General
Chemical, and their predecessors in interest, had operational facilities on
the site until 2003 At that time the facilities were closed and demolished
for resale and reuse Remediation activities for on -site soil contamination
has also commenced on the Honeywell International property
C A 7 -acre portion of the site along Rosecrans Avenue is currently used by
Air Products Inc for the production of industrial gases Air Products also
owns an 8 9 -acre vacant parcel of land in the interior of the project site
D Other current uses of the project site include a lumber yard operated by
Learned Lumber on land leased from the Los Angeles County
Metropolitan Transportation Authority (MTA) at the east end of the project
site Foundation remains from a brass foundry building are located in the
north east end of the project site on a portion of an 11 -acre property
owned by H Kramer & Company Additionally, the elevated Metro Green
Line light rail traverses the property in a north -south alignment near the
east end of the project site
E The proposed redesignation and rezoning of the Sepulveda /Rosecrans
Site Rezoning would change the General Plan land use designation of
approximately 85 8 gross acres of the 110 -acre subject property to a new
Commercial Center designation and rezone the area to a new Commercial
Center (C -4) Zone
F As applied to the whole of the Sepulveda /Rosecrans Site Rezoning, the
proposed Commercial Center land use designation and C -4 zoning would
permit up to 850,000 square feet of commercial shopping center
development within approximately 85 8 -acre site The proposed FAR for
the Commercial Center land use designation is 0.275 1
G The existing lumber distribution use (Learned Lumber) that is presently
located within the Sepulveda /Rosecrans Rezoning Site would also retain
its current Light Industrial (M -1) zoning classification The land on which
the lumber yard sits is expected to be reconfigured in the future to
accommodate the realignment of the Burlington Northern Santa Fe
railroad tracks It is anticipated that the size of the lumber yard will remain
comparable to today
H As part of the Sepulveda /Rosecrans Site Rezoning the Air Products facility
may also relocate to a new smaller facility on the portion of the project site
that will remain zoned Heavy Industrial (M -2).
-3- 2,3%J
The Sepulveda /Rosecrans Site Rezoning project anticipates possible
expansion of an existing recreational vehicle (RV) storage facility located
on H Kramer & Company property within the boundaries of the
Sepulveda /Rosecrans Site Rezoning project area
J The applicants are not requesting entitlements for 66 7 gross acres that
are part of the Sepulveda /Rosecrans Site Rezoning, but not included with
the proposed Plaza El Segundo development The Program DEIR
identifies the additional environmental evaluation required for developing
those 66 7 acres
K The proposed Plaza El Segundo would be constructed on approximately
43 3 gross acres within the Sepulveda /Rosecrans Site Rezoning and
would implement the new C -4 zoning on that portion of the site The
proposed Plaza El Segundo would be located on approximately 37 3
gross acres located north of the Union Pacific Railroad tracks and
approximately 4 7 gross acres located immediately at the northeast corner
of Sepulveda Boulevard and Rosecrans Avenue
L The proposed Plaza El Segundo project is a shopping center of up to
425,000 square feet The shopping center would contain large retail
stores, specialty retail, and other uses which could include a spa, and a
variety of sit -down restaurants and fast food restaurants The types of
retail tenant categones could include a Whole Foods grocery store, home
improvement, department store, electronics and appliances, home
furnishings, pet supply, books, soft goods and sporting goods
M The proposed shopping center would consist of several one- and two -
story buildings with a maximum height of 65 feet All development within
the proposed Plaza El Segundo would conform to the C -4 development
standards
N The proposed FAR for this development would be 0 2756 1 based on
425,000 square feet of development on 38 1 net acres The proposed
subdivision of the Plaza El Segundo site would include 20 parcels These
parcels would range from 0 5 to 5 5 acres in size As a result, FARs on
individual parcels may range from approximately 0 00 1 to 0 49 1
O Under the proposed Sepulveda /Rosecrans Site Rezoning Reduced Traffic
Generation Alternative, the standards of the proposed C -4 zone would be
modified to limit the mix of land uses permitted within the 70 8 net acre
portion of the proposed Sepulveda /Rosecrans Rezoning Site that would
be redesignated in the General Plan for Commercial Center use and
rezoned to Commercial Center (C -4) in order to reduce total traffic
generation from the Site Total permitted square footage within the
-4-
23 Or
proposed Sepulveda /Rosecrans Rezoning Site would remain the same
(850,000 total square feet), but the mix of uses would be limited to the
following 590,000 square feet of shopping center, 185,000 square feet of
large scale retail, 50,000 square feet of grocery store, 10,000 square feet
of fast food restaurants, and 15,000 square feet of sit -down restaurants.
Total traffic generation under this alternative would be reduced by
approximately 11 7% in the p.m peak hour and approximately 8 8% on a
daily basis All other components of the proposed Sepulveda /Rosecrans
Site Rezoning, including the construction of new roadways, relocation of
railroad rights -of -way, and stormwater retention basin would remain the
same as the proposed Sepulveda /Rosecrans Site Rezoning under this
alternative
P Under the Plaza El Segundo Reduced Traffic Generation Alternative, the
Plaza El Segundo Development site boundaries and total proposed
square footage would remain the same (425,000 square feet), but the mix
of uses within the proposed Plaza Ef Segundo Development would be
modified to result in an approximately 17% reduction in p m peak hour
traffic generation and an approximately 13% reduction in daily traffic
generation The mix of uses that would be contained within the proposed
Plaza El Segundo Development under the Reduced Traffic Generation
Alternative would include 165,000 square feet of shopping center,
185,000 square feet of large scale retail, a 50,000 square -foot grocery
store, 10,000 square feet of fast food restaurants, and 15,000 square feet
of sit -down restaurants The proposed land uses and density would be
within the requirements of the proposed C -4 zone All other components
of the proposed Plaza El Segundo Development, including the
construction of new roadways (Park Place east of Sepulveda Boulevard
and Allied Way within the Plaza El Segundo site) and storm water
retention basin would remain the same as the proposed Plaza El Segundo
Development under this alternative
Q The proposed C -4 Zone would provide for the transfer of density rights
within the development area to insure that the overall density of the site is
consistent with the C -4 Zoning Any donor parcels for FAR purposes will
have covenants recorded stating the maximum FAR permitted on the
parcel
R The full bwldout of the Sepulveda /Rosecrans Site Rezoning includes an
extension of Park Place (a four -lane east -west street) from its current
terminus at Nash Street that would connect to Sepulveda Boulevard The
roadway extension would include a signalized intersection at Sepulveda
Boulevard south of Hughes Way The roadway would also include a grade
separation structure to allow the roadway to pass beneath the Union
Pacific Railroad and realigned Burlington Northern Santa Fe Railroad
tracks that bisect the project site
4. .� l
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S Primary ingress and egress to the proposed Plaza El Segundo would be
provided from Sepulveda Boulevard via a new traffic signal halfway
between Hughes Way and Rosecrans Avenue The eastern leg of this
intersection will be served by the new east -west Park Place roadway
extension, constructed to El Segundo roadway standards consistent with
the adopted Circulation Element
T A second new roadway extension would be constructed to roadway
standards consistent with the Circulation Element of the City's General
Plan in a north -south alignment to connect the new segment of Park Place
to Hughes Way via Allied Way, which presently terminates at the northern
boundary of the Sepulveda /Rosecrans Rezoning Site
U The Plaza El Segundo portion of the Sepulveda /Rosecrans Site Rezoning
is proposed to be constructed as one phase Construction is expected to
commence in 2005 and to be completed in 2007
V An interim on -site stormwater retention pond would be constructed within
the proposed Plaza El Segundo site to retain storm water runoff Portions
of an existing 42 -inch reclaimed water line that crosses the site from north
to south approximately 5 to 7 feet below the existing ground surface may
be relocated The proposed Plaza El Segundo would connect into the
existing water and sewer lines
W Parking for the Plaza El Segundo portion of the Sepulveda/ Rosecrans
Site Rezoning is proposed to be located in surface parking lots that will
surround the proposed shopping center buildings Based on a total of
425,000 square feet, including 400,000 square feet of commercial /retail
space and 25,000 square feet of restaurant floor area in the Plaza El
Segundo development as described in the Environmental Impact Report,
1,363 parking spaces are required The developer proposes to provide
2,164 parking spaces, which exceeds the City's parking requirements
SECTION 3 Zone Change Findings Based on the factual findings of this Ordinance,
the proposed Zone Change is necessary to carry out the proposed project because the
proposed General Plan Amendment would change the land use classification on
portions of the project site from Heavy Industrial to Commercial Center The proposed
Zone Change is necessary to maintain consistency with the proposed General Plan
land uses designation of Commercial Center
SECTION 4 Zone Text Amendment Findings Based on the factual findings of this
Ordinance, the proposed Zone Text Amendment is necessary to carry out the proposed
protect to create the proposed Commercial Center (C-4) Zone, which would allow
commercial development of the project site Without an amendment to the ESMC, the
current zoning would not permit commercial development An amendment to add
Chapter 5 -5G to the ESMC is necessary for consistency with the General Plan
238
in
Additionally, ESMC § 15 -15 -6 is proposed to be revised to establish loading area
development standards for the proposed C-4 Zone An amendment to ESMC § 15 -3 -1
to list the C -4 as a zoning classification within the City is necessary for consistency with
the General Plan
SECTION 5 Development Agreement Findings 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 The Development Agreement would provide the following public
benefits, in addition to the other rights and benefits flowing to the City
through the Agreement, in exchange for valuable development rights
(eight -year entitlement)
1 Development of a property that is currently vacant and
underutilized
2 The project would facilitate the environmental remediation of
existing subsurface soil and groundwater contamination on and
around the property associated with the previous use of the project
site
3 Re- designation and rezoning of industrial property for more
productive commercial uses
4 Elimination of blighted areas and providing an attractive urban
destination
5 Increasing and further stabilizing the City's tax base through
development of new commercial businesses
6 Providing both short-term construction employment and long -term
employment (approximately 952 jobs would be associated with the
Plaza El Segundo Development) within the City of El Segundo
7 Increase in employment opportunities for the City's residents
8 The Plaza El Segundo Development will add to the diversification of
the economic base in the City by providing for new larger format
retail uses and services that do not currently exist in the City
9 The development will provide significant fiscal benefit to the City by
generating additional business license and sales tax revenue for
the City's General Fund
10 Increasing City revenues through the generation of taxes that
outweigh the City cost of services
11 The Plaza El Segundo Development is estimated to generate an
annual net fiscal benefit (revenues versus City expenses) that
would range from approximately $1,082,049 to $1,611,424 in the
first year of operation, rising to a range of approximately
$1,307,922 to $1,958,987 in the eighth year of operation
4.
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12 The Sepulveda /Rosecrans Site Rezoning is immediately adjacent
to the 2,000,000 square -foot Continental Park office development,
the 2,000,000 square -foot Raytheon campus, and other office
buildings along the Rosecrans Avenue commercial corridor The
proposed project will provide additional retail uses and services to
these employment centers
13 Development of a project that is consistent with the Elements of the
General Plan as set forth in Resolution No 4415
14 The project would provide a comprehensive and coordinated
design of the entire project site, including landscape amenities to
substantially improve the aesthetic appearance of the site and the
surrounding area
15 The project would reduce the maximum permitted floor area ratio
on the property from 0 6 1 to 0 275 1
16 Funding planned on -site and off -site Circulation Element
improvements, including new and widened roadways, intersections,
signals, medians and landscaping in the project vicinity at no cost
to the City
17 The project will include the construction of two new roadways (Park
Place and Allied Way extensions) that will further the City's goal of
implementing the 2004 Circulation Element Master Plan of Streets
and improving the circulation system in the southeast quadrant of
the City
18 The Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo
Development will include the widening of Sepulveda Boulevard on
the east side of the street to provide acceleration and deceleration
lanes to serve the project and widening a portion of the north side
of Rosecrans Avenue to provide a dedicated right -turn lane The
developer will dedicate property for the lane widening providing a
public benefit to the entire City
19 Expansion of the planned ITS network that will increase its
effectiveness in relieving congestion
20 Contribution of $1,500,000 to City aquatic- related recreational uses
21 Contribution of $250,000 to enhance, promote, and maintain the
public improvements adjacent to businesses and property owners
in the Downtown Specific Plan area of El Segundo
22 Contribution of approximately $250,000 in traffic impact mitigation
fees to offset the impacts of the project on public roadway
infrastructure
23 Contribution of approximately $119,000 in police, fire, and library,
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 project includes a new land use designation and zoning
240
10
classification, which establishes the permitted uses and development
standards that would apply to the project These uses and development
standards are similar and compatible with the other commercially zoned
districts in the City
C The project is in conformity with the public convenience, general welfare
and good land use practice The proposed reduced project permits a lower
floor area ratio than allowed under the current M -2 zoning (0 275 1 vs
0 6 1) The project would facilitate constructing public roadways, through
the dedication of land The project would also be designed to support and
encourage public transportation uses and contribute to the continued
diversification of the southeast quadrant of the City by providing a broad
range of commercial uses
D The project, taken as a whole, will not be detrimental to the health, safety
and general welfare, but rather will promote the health, safety and general
welfare of the City The proposed project will not create any negative
environmental impacts, with the exception of traffic, operational and
temporary construction related air quality, and temporary construction -
related noise impacts, and cumulative solid waste and traffic impacts The
City Council has determined that there are overriding considerations,
which outweigh the identified unavoidable environmental consequences of
the project
E The project will not adversely affect the orderly development of property or
the preservation of property values The proposed C -4 development
standards and development agreement 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
southeast quadrant of the City
SECTION 6 Subdivision Findings
A The proposed Vesting Tentative Tract Map No 061630 is consistent with
applicable general and specific plans as specified in Government Code §§
65451 and 65454 Each proposed lot will be consistent with the minimum
lot size and minimum street frontage requirements proposed in the C-4
Zone All parcels will have frontage on a public street
B The design or improvement of the proposed subdivision is consistent with
the General Plan Each proposed lot would be consistent in size and lot
frontage with other parcels in the surrounding area.
24!
0
C The site is physically suitable for the type of development The vacant
110 -acre Sepulveda /Rosecrans Rezoning site is generally flat with several
unlined natural depressions on the site The proposed project is physically
accessible by existing streets and the MTA Green Line
D The Sepulveda /Rosecrans Site Rezoning site is physically suitable for the
proposed density of development The floor area ratio of individual parcels
within the proposed Sepulveda /Rosecrans Site Rezoning and Plaza El
Segundo development would not have cumulative densities exceeding
0 275 1, due to the requirement in the proposed C -4 zone that the overall
FAR not exceed an overall FAR of 0 275 1 This density is well within FAR
standards for commercial developments
E The design of the subdivision or the proposed improvements is not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat The proposed project is located in a
built out urban environment and poses no threat to fish or wildlife habitats
located on the project site Most of the project site was also previously
developed with heavy industrial uses from 1920 to 2003 The proposed
layout of the development does not contribute to the unavoidable
significant traffic and air quality impacts identified in the Draft EIR
F The design of the subdivision or type of improvements is not likely to
cause serious public health problems The size and shape of all lots will
protect public health The proposed Park Place and Allied Way roadway
extensions to serve the subdivision will be designed to provide safe and
efficient vehicle and pedestrian movements throughout the project site
Subdivision improvements will be required to comply with the Americans
with Disabilities Act The Site is being remediated in accordance with
applicable federal and state regulations
G The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of
property within the proposed subdivision The project applicant will
relocate or build over the 42 -inch reclaimed water easement on the
property The MTA aerial easement will not be disturbed by the design of
the proposed project
SECTION 7 Approvals The City Council approves the following
A The City Council amends the current Zoning Map to reflect a change of
the area bounded by Hughes Way on the north, Douglas Street on the
east, Rosecrans Avenue on the south, and Sepulveda Boulevard on the
west from Heavy Industrial to Commercial Center The corresponding
changes to the Zoning Map as set forth in attached Exhibit "A," which is
incorporated into this Ordinance by reference
242
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B The City Council adopts the Development Agreement by and between the
City of El Segundo, and Mar Ventures, Inc as set forth in attached Exhibit
"B," which is incorporated into this Ordinance by reference
C The City Council amends Section 1 of Chapter 3, Title 15, of the ESMC to
read as follows
°15 -3 -1: DESIGNATION OF ZONE NAMES:
In order to classify, regulate, restrict and segregate the uses of
lands and buildings, to regulate and restrict the height and bulk of
buildings, to regulate the area of yards and other open spaces
about buildings, and to regulate the density of population, the
classes of use zones are by this title established, to be known as
follows
R -1
Single -family residential zone
R -2
Two - family residential zone
R -3
Multi- family residential zone
PRD
Planned residential development zone
C -RS
Downtown commercial zone
C -2
Neighborhood commercial zone
C -3
General commercial zone
C -4
Commercial center zone
CO
Corporate office zone
MU -N
Urban mixed -use north zone
MU -S
Urban mixed -use south zone
M -1
Light industrial zone
M -2
Heavy industrial zone
SB
Small business zone
MM
Medium manufacturing zone
MDR
Medium density residential zone
GAC
Grand avenue commercial zone
MMO
Multimedia overlay district
O -S
Open space zone
P
Automobile parking zone
P -F
Public facilities zone"
D The City Council adds Article G to Chapter 5, Title 15, of the ESMC to
read as follows
"CHAPTER 5
COMMERCIAL ZONES
�. 4
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ARTICLE G. COMMERCIAL CENTER (C-4) ZONE
15 -5G -1: PURPOSE
15 -5G -2: PERMITTED USES
15 -5G -3: PERMITTED ACCESSORY USES
15 -5G-4: USES SUBJECT TO ADMINISTRATIVE USE PERMIT
15 -5G -5: USES SUBJECT TO CONDITIONAL USE PERMIT
15 -5G -6: SITE DEVELOPMENT STANDARDS
15 -5G -7: LANDSCAPING
15 -5G -8: OFF - STREET PARKING AND LOADING SPACES
15 -5G -9: SIGNS
15 -5G -1: PURPOSE:
The purpose of this Zone is to provide consistency with and
implement policies affecting property designated as Commercial
Center on the General Plan Land Use Map and in the General Plan
text This Zone is intended to provide for developing commercial
establishments serving the City and surrounding area Regulations
are designed to promote and control growth of Commercial Center
projects such as retail and service uses
15 -5G -2: PERMITTED USES:
The following uses are permitted in the C -4 Zone
A Fitness centers (indoors only)
B General offices not exceeding five thousand (5,000) square
feet
C Pet supplies and services including veterinary services
D Restaurants, coffee shops and cafes
E Retail sales uses (excluding off -site alcohol sales)
F Other similar uses approved by the Director of Planning and
Budding Safety, as provided by Chapter 22 of this Title
15 -5G -3: PERMITTED ACCESSORY USES:
A Any use customarily incidental to a permitted use
24<<
B Drive -thru or walk -up services, including financial operations,
but excluding drive -thru restaurants
C Open storage of commodities sold or utilized on the
premises
D Parking structures and surface parking lots
E Other similar uses approved by the Director of Planning and
Budding Safety, as provided by Chapter 22 of this Title
15 -5G-4: USES SUBJECT TO ADMINISTRATIVE USE PERMIT:
A The on -site sale and consumption of alcohol at restaurants,
coffee shops, delicatessens, and cafes
B Off -site sale of alcohol at retail establishments
C Video arcades with three (3) or fewer video or arcade
machines
D Other similar uses approved by the Director of Planning and
Building Safety, as provided by Chapter 22 of this Title
15 -5G -5: USES SUBJECT TO CONDITIONAL USE PERMIT:
The following uses are allowed subject to obtaining a conditional
use permit, as provided by Chapter 23 of this Title
A On -site sale and consumption of alcohol at bars
B Video arcades with four (4) or more video or arcade
machines
C Other similar uses approved by the Director of Planning and
Building Safety, as provided by Chapter 22 of this Title
15 -5G -6: SITE DEVELOPMENT STANDARDS:
All uses in the C -4 Zone must comply with the development
standards contained in this Section
A General Provisions
-13-
1 All uses must be conducted within a fully enclosed
budding except
a Outdoor restaurants, cafes or seating areas,
complying with the provisions of Section 15 -2-
16 of this Title,
b Outdoor wholesale or retail activities
customarily conducted outdoors, including,
without limitation, lumber yards, nurseries, and
periodic outdoor sales, and,
c Outdoor recreational activities
2 Before the City approves any development protect,
the protect must meet all requirements of the
transportation demand management (TDM) and trip
reduction criteria as set forth in Chapter 16 of this
Title
3 Other provisions as set forth in Chapter 2 of this Title
B Lot Area A minimum of ten thousand (10,000) square feet
C Height
No building or structure may exceed sixty -five (65') feet
D Setbacks
1 Front Yard Twenty five feet (25') minimum
2 Side Yard Zero (0') minimum, unless one of the
following conditions exists
a If the side yard adjoins a dedicated street, at
least twenty five feet (25) must be provided,
and
b If the side yard abuts property with a different
classification, the side yard setback is the
average of the two (2) side yard setbacks, but
not less than ten feet (10')
246
-14-
3 Rear Yard Fifteen feet (15) minimum unless one of
the following conditions exists
a If the rear yard adjoins an alley, dedicated
street, public right -of -way, or if the primary
access is through the rear yard, at least twenty
five feet (25') must be provided,
b if the rear yard adjoins a railroad right -of -way,
at least ten feet (10) must be provided, and,
c If the rear yard abuts property with a different
classification, the rear yard setback is the
average of the two (2) side yard setbacks, but
not less than ten feet (10')
i
Other c -4 Alley or Street
� - --
Zone Zone —
;� c
[C-4 Zone
Mi C-4 Zonel Other '
' 4 4 ' cn 25'
i Zone t 10' Zone , Mm
Min
N,i�
- -Front
E Lot Frontage
1 Each lot must provide a minimum frontage on a public
street of one hundred feet (100'), or,
2 Flag lots are permitted with a minimum stem width of
twenty feet (20') at a public street If the flag lot does
not provide physical access to a public street, a
permanent access easement must be provided from
the lot across any contiguous lot or lots which
conform with the minimum lot frontage requirement to
a public street The easement, and any proposed
modification to the easement, requires City review
and approval
-ts-
247
F. Budding Area. The total net floor area of all buildings may
not exceed the total net square footage of the property
multiplied by 0 275 or an FAR 0 275 1 However additional
FAR may be granted by the City pursuant to a Development
Agreement
= 10, 000 sf
F.A.R. = 0.275
Bldg, Area = 2,750 sf
G Transfer of Development Rights The transfer of
development density from one or more donor parcels to any
other receiving parcel or parcels is permitted within the C-4
Zone, provided that the requirements of this Section are met.
1 Location of Transfer Parcels The donor and
receiving parcels must each be located entirely within
the C-4 Zone
2 Maximum Net Floor Area (NFA) for a receiving parcel.
The NFA on any receiving parcel increased in density
pursuant to this Section cannot exceed an FAR of 0 6
3 Reduced NFA for a donor Parcel The permitted NFA
on any donor parcel decreased in density pursuant to
this Section must be reduced by the amount of NFA
transferred to one or more receiving parcels
4 Budding Standards for Parcels All buildings must
comply with the budding standards of the C -4 Zone,
5 A transfer of development rights may be initiated by a
person submitting a written application for a transfer
to the Planning and Budding Safety Department that
identifies the donor parcel(s), receiving parcel(s), the
amount of NFA proposed to be transferred, and the
proposed uses of the donor and receiving parcels
6 Review by the Director of Planning and Building
Safety The Director of Planning and Budding Safety
must approve, conditionally approve or deny a
248
�I
o
3
100'
= 10, 000 sf
F.A.R. = 0.275
Bldg, Area = 2,750 sf
G Transfer of Development Rights The transfer of
development density from one or more donor parcels to any
other receiving parcel or parcels is permitted within the C-4
Zone, provided that the requirements of this Section are met.
1 Location of Transfer Parcels The donor and
receiving parcels must each be located entirely within
the C-4 Zone
2 Maximum Net Floor Area (NFA) for a receiving parcel.
The NFA on any receiving parcel increased in density
pursuant to this Section cannot exceed an FAR of 0 6
3 Reduced NFA for a donor Parcel The permitted NFA
on any donor parcel decreased in density pursuant to
this Section must be reduced by the amount of NFA
transferred to one or more receiving parcels
4 Budding Standards for Parcels All buildings must
comply with the budding standards of the C -4 Zone,
5 A transfer of development rights may be initiated by a
person submitting a written application for a transfer
to the Planning and Budding Safety Department that
identifies the donor parcel(s), receiving parcel(s), the
amount of NFA proposed to be transferred, and the
proposed uses of the donor and receiving parcels
6 Review by the Director of Planning and Building
Safety The Director of Planning and Budding Safety
must approve, conditionally approve or deny a
248
transfer plan at a public hearing The Director of
Planning and Building Safety must use the following
criteria in making a determination
a That the transfer meets the objectives of this
Title and the purposes of the C -4 Zone
b That the proposed transfer will not be
detrimental to the public health, safety or
welfare, or materially injurious to properties or
improvements in the vicinity;
C. That the proposed transfer complies with each
of the applicable provisions of this Chapter,
d. That the proposed transfer recognizes and
compensates for potential impacts that could be
generated by the proposed transfer, such as
aesthetics, noise, smoke, dust, fumes, vibration,
odors, traffic and hazards, and,
e That the proposed transfer plan is consistent
with the General Plan
7 Notice and Hearing- Upon filing of an application for a
transfer plan by a property owner or an applicant with
the consent of the owner, the Director of Planning and
Budding Safety must give public notice, as provided in
Chapter 27 of this Title of the intention to consider at
a public hearing the granting of a transfer plan
8 Appeal to Planning Commission The applicant or
any person affected by the Director of Planning and
Budding Safety's decision respecting a transfer plan
can appeal that decision to the Planning Commission
pursuant to Chapter 25 of this Title
9 Appeal to City Council The applicant or any person
affected by the Planning Commission's decision
respecting a transfer plan can appeal the Planning
Commission's decision to the City Council pursuant to
Chapter 25 of this Title
10 Final Approval A transfer plan approved by the
Director of Planning and Budding Safety, Planning
Commission and /or City Council becomes final upon
24"3
-17-
the completion of all applicable conditions of approval
and the following
a Legal Assurances A covenant or other
suitable, legally binding agreement in a form
approved by the City Attorney must be
recorded against the affected donor and
receiving parcels confirming the transfer of
NFA between /among parcels and setting forth
any conditions of approval imposed by the City
The covenant must be executed by all parties
that have a legal or equitable interest in the
affected donor and receiving parcels The
covenant must confirm that from the date of
recording of the covenant, the affected parcels
will be burdened by the covenant in perpetuity
and the covenant will run with the land and the
FAR for the donor parcel and receiving parcel
will be set in the covenant pursuant to the FAR
allowed at the time of approval of the transfer;
and
11 Removal /Modification The Director of Planning and
Budding Safety may approve the removal or
modification of a covenant if the transfer has not been
entirely utilized by a receiving parcel or a different
parcel has been identified as a donor parcel The
legal and equitable owners of the affected parcels
must execute a removal or modification covenant in a
form approved by the City Attorney
H Wails And Fences Walls and fences must comply with the
location requirement of Chapter 2 of this Title A minimum
six -foot (6') high masonry wall must be provided along
property lines for those yards abutting residential zones A
six -foot (6) high wall or fence must be provided along
property lines for those yards abutting industrial zones
Access All development protects must provide adequate
access and facilities for various modes of transit, as required
by the City's transportation demand management program in
Chapter 16 of this Title In addition, all development projects
must provide pedestrian access between buildings and
transit facilities located on -site and /or off -site, if within
adjoining public rights of way If the budding is part of a multi-
250
-is-
building development project, then safe and convenient
pedestrian access must be provided between buildings
15 -5G -7: LANDSCAPING:
Landscaping must be provided as required by Section 15 -2 -14 of
this Title
15 -5G -8: OFF - STREET PARKING AND LOADING SPACES:
Off - street parking and loading spaces shall be provided as required
by Chapter 15 of this Title
15 -5G -9: SIGNS:
Signs in the C -4 Zone must comply with the requirements of
Chapter 18 of this Title "
E The City Council should amend ESMC § 15 -15 -6 to read as follows
915 -15 -6: LOADING AREA DEVELOPMENT
STANDARDS:
Every building hereafter established, erected, enlarged or
expanded for commercial, manufacturing or institutional purposes
in the Commercial or Manufacturing Zones listed below must be
provided with loading space as set forth below However, for any
building or use enlarged or increased in capacity, additional loading
spaces are required only for such enlargement or increase All
required loading spaces are in addition to the required on -site
parking spaces set forth in Section 15 -15 -3 and must be developed
and maintained in accordance with Section 15 -15 -2 Loading
spaces may be provided either completely or partially within a
budding when such building is designated to include adequate
ingress and egress to the loading spaces
LOADING SPACE SIZES
Space
Space
Vertical
Width
Depth
Clearance
13 feet
50 feet
16 feet
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251
NUMBER OF LOADING SPACES REQUIRED
Required loading spaces for hotel or institutional uses must be
provided as set forth in the following schedule
Budding Floor Area
Loading Spaces
Required
Loading Spaces
0 — 999 sq. ft
0
Required
Waiting
Zone
Budding Floor Area
2
Spaces
Each additional 100,000 sq ft or
1
Required
SB & MM
0 - 10,000 sq ft
0
10,000 - 25,000 sq ft
1
C -3, CO, MU -N, MU-
0 - 999 sq ft
0
S, M -1, M -2
1,000 - 25,000 sq ft
1
C -3, C-4, CO, MU -S,
25,001 - 100,000 sq ft
2
MU -N, M -1, M -2,
SB, MM
100,001 - 250,000 sq ft
3
Each additional 100,000 sq ft or
1
fraction thereof
Over 1,000,000 sq ft
1 for every 5
loading
spaces
Each space
13'W x 50'L
x 16'H.
0 - 25,000 sq ft
0
(single- tenant bldg.)
C -4
0 - 25,000 sq It
1 for each
(multi- tenant bldg)
tenant over
10,000 sq ft
Required loading spaces for hotel or institutional uses must be
provided as set forth in the following schedule
Budding Floor Area
Loading Spaces
Required
Waiting Spaces
Required
0 — 999 sq. ft
0
1,000 - 15,000 sq ft
1
15,001 - 75,000 sq ft
2
Each additional 100,000 sq ft or
1
X52
-20-
fraction thereof
Over 1,000,000 sq ft
Loading spaces within the boundaries of the Smoky Hollow Specific
Plan should be located on the side or in the rear of buildings
whenever possible If located in the front yard, the loading platform
must be set back from the front property line a minimum of 30 feet.
Commercial or manufacturing zoned lots or parcels that are less
than 6,000 square feet in area must provide an on -site loading
space area that is not less than 12 feet wide and comprised of an
area equal to not less than 8% of the lot or parcel area and in no
case can such loading area be less than 360 square feet "
F Subject to the conditions listed on the attached Exhibit "C," which are
incorporated into this Ordinance by reference, the City Council approves
Development Agreement No 03 -1, General Plan Amendment No. 03 -4 &
03 -5, Zone Change No 03 -2 & 03 -3, Zone Text Amendment No. 04 -1,
and Subdivision No 03 -7
SECTION 8 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 9 This Resolution will remain effective until superseded by a subsequent
resolution.
SECTION 10 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 11 This Ordinance will become effective on the thirty -first (31st) day
following its passage and adoption.
PASSED, APPROVED AND ADOPTED this 15th day of March 2005.
Kelly McDowell, Mayor
253)
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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 1382 was duly introduced by said City Council at a regular meeting held
on the 1st day of March 2005, 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 15th day of March, 2005, and the same was so
passed and adopted by the following vote
AYES
NOES
ABSENT
ABSTAIN
Cindy Mortesen, City Clerk
APPROVED AS TO FORM
Mark D Hensley, City Attorney
P \Planning & Building Safety\PROJECTS \626- 650\EA- 631 \Council Agenda Packet\3 -15 -05 hearing \EA -631 ord 3 -15 -05 doc
25 -12
_22_
I
City Council Ordinance No. 1382
EXHIBIT "A"
Page 1 of 1
egend
Oorp�rale Qfhre
Downtown �'omrnerr al
�J
- edelal Gcvemmant
General CommP21a1
Heavy Inauwial
Fight Industnal
z34 Mulb Family Hesldenhal
�Is Nelgnbomeoc Commercial
Open Space
� 'a kun
earks
°fanned tia si tenlldl I)evnjormp01
�n01C i a( lli'S
ingf¢ -r nnJV Ilosruennal
1mokvInlbv111m, f;e
_ Two F tmnv- esmenflal
sman Nlxen I1tie Nobh
Urban Mixed Use South
7Ith Slmet SPBUIip Plan
Aviation Spenfl[ Plan
Downtown Sper the Plan
;ammernal Center IC l)
PROPOSED
ZONING MAP
EA No 631 GPA No 03 -4, GPA No 03 -5,
ZC No 03 -2, ZA No 03 -3 ZTA No 04 -1,
DA No 03 -1, SUB No 03 -7
A
CY
CITY COUNCIL ORDINANCE N0, 1382
EXHIBIT "B"
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO.
CITY CLERK
CITY OF EL SEGUNDO
350 Main Street
El Segundo, California 90245
EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code § 6103
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF EL SEGUNDO AND
ROSECRANS- SEPULVEDA PARTNERS, LLC
(AREA A)
THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY
ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT
CODE §65868.5
44386 \1060366v20
2- �0 -
TABLE OF CONTENTS
Page
1. Recitals ............................................................... ............................... ....................1
2. Property Subject to this Agreement. .. . .. ... ...... .. ... ... .. ........ .... 3
3. Binding Effect . . ... ........... .... . .. . .... .... ..... .. ... .. ... . ....... . 3
3.1 Constructive Notice and Acceptance. . 3
3 2 Rights to Assign ................ ................ .... 3
3 3 Liabilities Upon Transfer .....3
4. Development of the Property. .. ... . ... ....... ... .......4
4 1 Permitted Uses, Density ............................................................... ............................... 4
41 1 Food To Go Restaurant ..
41.2 Grocery Store. .. .
4 1.3 Fast Food Restaurants. .
4.14 Banks and Day Spas.. .. . .
4.15 Restaurants ... .. .. ..
A 1 A Aealth r1nhe and Fitneee Cpntpm
4.2 Development Standards......... . .... -- ......................... ...............................
4.2.1 Tenant/Owner Use Space... ........ ..
4.2 2 Limitations on Mimmum Square Footage of Buildings and Space
4 2 3 Transfer of Development Rights .. .......
43 Buildin Standards
.4
...4
4
4
4
4
5
5
..5
5
4 4
g........ ...... ... ... . . ..... I......
Fees, Exactions, Mitigation Measures, Conditions, Reservations and
.. ........
Dedications ...... ..
5
4 5
Use of Easements ....
6
5 Vesting
of Development Rights .. ... . ..... .... ... ......... ........
... . ..6
5.1
Applicable Rules ............ ................. ........ .......
.—.6
5.2
Entitlement to Develop. ...... .... ...............
6
53
Subsequent Enactments .............. .... ..................... ..... ........ ... .......... ..........
........ ... 6
54
Future Approvals .. ..... . ... .. ... ... . ... ..
..... ........ 6
5.4.1 Minor Modifications to Project... ... .. ,... .. ...
... .6
5 4 2 Modification of Project Approvals...
7
5 4 3 Modifications Requiring Amendment to this Agreement
7
55
Plan Review
8
56
Timing of Development., . . .
....8
57
Term......... .. ....
...8
58
Issuance of Building Permits ...... ....
9
59
Satisfaction of Mitigation Measures and Conditions. ... .... .....
.... ... . . . 9
5 10
Moratorium .................. .... .. ... ......... ..... ...
. ..... ..9
5 11
Performance of City Planning and Building Safety Director Duties. .
.. . ..... ..... 9
6. Developer Agreements
9
61
General...... .... . .. . . .. .... . .. . . .
9
62
Development Fees ...... ..
.................9
63
Maintenance Obligations .
10
64
Term of Map(s) and Other Project Approvals ...
10
65
Sales and Use Tax., ... . ... .. , .. .. ...... ...... ...........
.........10
4438611060366v20 1 2517
6.6 Aquatic Payment...... ....... .....
.10
6.7 Future Construction Activities... ........ .................
...................10
6 8 Contribution to Downtown .......................... ..
.............. ... ............11
6 9 Third -Party Agreements Restricting Uses on Property
................... .............................11
7. City /Developer Agreements ....... ..... ...... ...........
. ............... ..... ..... .. ...12
7 1 Expedited Processing. ... ..... .. .....
12
7.2 Processing Cooperation and Assistance.
12
7 3 Processing During Third Party Litigation ... . .....
.. . .... .. .. ...... .. 12
8 Modification/Suspension .. ... ..
12
9. Demonstration of Good Faith Compliance........ ....
..... 13
91 Review of Compliance ........ ... .... ..... .. ...
. .... . .. . . .. ...... 13
92 Good Faith Compliance ......... . ... .......
....... .......... 13
93 Information to be Provided to Developer ... ... .. ..
... .. ..... .... .. .... 13
94 Notice Of Non - Compliance; Cure Rights...
13
95 Determination of Developer's Compliance ....
.. 13
9.6 Failure of Periodic Review
.....14
10 Excusable Delays.
..............14
11 Default Provisions...
.14
III Default ...... ... ... ......... .............
.. .. ....... ... ...... .. 14
112 Content of Notice of Violation. ...... ... ........
........ ...... .. 14
11 3 Remedies for Breach......... ...
.....15
12 Mortgagee Protection. .. .... .. ...
15
121 Mortgage Not Rendered Invalid.. ..... .. ... ...
15
122 Request for Notice to Mortgagee. ... ........
............. .15
123 Mortgagee's Time to Cure....
.15
124 Cure Rights .. .. . . ... ... . ..... ..
........ . . ...... .... .. 15
125 Bankruptcy ...
.. ... ....... 16
126 Disaffirmation
16
13 Estoppel Certificate........... ..... ... ..... ...
.. .. ........ .. .. .. 16
14. Administration of Agreement..
16
14 1 Appeal of Staff Determinations
16
14.2 Operating Memoranda... .. ... .. ..
.16
14.3 Certificate of Performance .... . ....... ... ..
. .. ...............17
15. Amendment or Termination by Mutual Consent ................................
.............................17
16. Indemnification / Defense ...... ............................. ...............................
... 17
16.1 Indemnification. .. ... ........ .. .... ......
... 17
16 2 Defense of Agreement.
18
17 Time of Essence . . ....... ....
.... .18
18 Effective Date
18
19 Notices...
....18
20 Entire Agreement . .. ... .... ...... ..
19
21 Waiver . ...
..19
22. Severability... .....
...19
23. Relationship of the Parties ... . ... ... . .
19
24, No Third Party Beneficiaries .......... ...
.19
25. Recordation of Agreement and Amendments...
.1.19
44386 \1060366v20
26. Cooperation Between City and Developer. ..... ...... ... . ......... ..... ...... 19
27 Rules of Construction .... ................... .... .... .......... ................ .....20
28 Joint Preparation .. ....................................... ............................... ... 20
29. Governing Law and Venue. ......................... ........ ............. .... ...... .20
30. Attorneys' Fees. . . .... .......... ........ .............. .. ................. ...20
31 Counterparts. ............ ...... ....... ...... .................. .. 20
32 Weekend/Holiday Dates ..... ............... . ....................... 20
33. Not a Public Dedication. .. . . . . . .. ... 20
EXHIBIT A — PROPERTY DESCRIPTION .. .. .. ......... A -1
EXHIBIT B — ASSIGNMENT AND ASSUMPTION AGREEMENT. .............. .... B -1
EXHIBIT C — LIST OF TENANTS . ..... ... ...... .......... ..... C -1
DEFINITIONS.. ........ .. I .......... ..D-1
44386 \1060366v20
�J„
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is made and entered into by and between the
CITY OF EL SEGUNDO, a municipal corporation (referred to hereinafter as "City") and
ROSECRANS - SEPULVEDA PARTNERS, LLC, a California limited liability company
(referred to hereinafter as "Developer ") as of this _ day of March, 2005. City and Developer
are referred to hereinafter individually as "Party" and collectively as "Parties " In consideration
of the mutual covenants and agreements contained in this Agreement, City and Developer agree
as follows:
1. Recitals This Agreement is made with respect to the following facts and for the
following purposes, each of which is acknowledged as true and correct by the Parties:
1.1 Pursuant to Government Code Section 65865 et seq., City is authorized to
enter into a binding contractual agreement with any person having a legal or equitable interest in
real property for the development of such property.
1.2 Developer has an option to acquire from the property owner and has been
authorized to execute this Agreement by the property owner with respect to approximately 42
acres of real property located in the City, as more specifically described by the legal description
set forth in Exhibit "A", which exhibit is attached hereto and incorporated herein by this
reference (the "Property" or "Area A ")
13 Developer desires to develop the Property as a retail complex comprised
of approximately four - hundred twenty-five thousand (425,000) square feet that is projected to
include large retail stores, specialty retail stores, sit -down restaurants and other uses (the
"Project ").
14 City has certified a Final Environmental Impact Report for Environmental
Assessment No. 631 (SCH No 2003121037) (the "EIR "), and has approved the Mitigation
Monitoring Plan for the EIR, General Plan Amendment No 03 -4, Zone Change No. 03 -2, Zone
Text Amendment No 04 -1, Subdivision No. 03 -7 (Vesting Tentative Tract No 061630), and this
Development Agreement No 03 -1 (the foregoing are collectively referred to as the "Project
Approvals "). Developer's application for the Project Approvals was deemed complete by the
City on November 10, 2004. Concurrently with the City's approval of the Project Approvals,
City has also, as part of General Plan Amendment No 03 -5, Zone Change No 03 -3 and Zone
Text Amendment No. 04 -1, re- designated and rezoned other property in the vicinity of the
Property with a "Commercial Center (C -4)" land use and zoning designation (the "Other C -4
Property') a portion of which (approximately 13 acres) Developer has an option to acquire from
property owner and the balance of which (approximately 42 acres) is owned by third parties
1.5 By this Agreement, City desires to obtain the binding agreement of
Developer to develop the Property in accordance with the Project Approvals, Applicable Rules
and this Agreement In consideration thereof, City agrees to limit the future exercise of certain
of its governmental and proprietary powers to the extent specified in this Agreement
16 By this Agreement, Developer desires to obtain the binding agreement of
City to permit the development of the Property in accordance with the Project Approvals, the
44386U060366v20 1 260
Applicable Rules (as hereinafter defined) and this Agreement In consideration thereof,
Developer agrees to waive its rights, if any, to challenge legally the limitations on density and
use imposed upon development of the Property and other restrictions and obligations set forth in
this Agreement and the Project Approvals
1.7 City and Developer have acknowledged and agreed that the consideration
that is to be exchanged pursuant to this Agreement is fair, ,lust and reasonable and that this
Agreement is consistent with the General Plan of City.
18 This Agreement is intended to provide flexible entitlements, within the
parameters set forth herein and subject to the terms and conditions hereof, to meet the changing
market demands that are likely to occur throughout the bumldout of the Project
1.9 The proposed Project uses are consistent with the City's General Plan, as
amended, (the "General Plan ").
1 10 Development of the Project will further the comprehensive planning
objectives contained within the General Plan, and will result in public benefits, including, among
others, the following
1.10 1 Fulfilling long -term economic and social goals for City and the
community,
1.10 2 Providing fiscal benefits to City's general fund in terms of
increased employment and utility, business license, property and other tax revenues, which are
anticipated to exceed $1,000,000 annually;
1 10.3 Providing both short -term construction employment (estimated to
be approximately 250 persons) and long -term permanent employment (estimated to be
approximately 952 persons) within City,
1 10.4 Phasing the construction of public infrastructure improvements
with private development;
1.10 5 Eliminating blighted areas and providing an attractive urban
destination,
1 10.6 Facilitating environmental remedmatmon on and around the
Property;
1.10 7 Funding planned circulation element improvements at no cost to
the City; and
1.108 Creating significant offsite public improvements, including streets,
signals, medians and landscaping.
44366 \1060366v20 2 2 6
I 11 On November 15, 2004, the Planning Commission of the City commenced
a duly noticed public hearing on this Agreement, continued the public hearing to December 15,
2004 and at the conclusion of the hearing recommended approval of the Agreement.
1 12 On February 15, 2005, the City Council of the City ( "City Council")
commenced a duly noticed public hearing on this Agreement, and continued the public hearing
to March 1, 2005 and at the conclusion of the hearing certified the EIR by Resolution No. 4415
and approved this Agreement by Ordinance No 1382 (the "Enabling Ordinance ").
2 Property Subject to this Agreement All of the Property shall be subject to this
Agreement
3 Binding Effect. The burdens of this Agreement are binding upon, and the benefits of the
Agreement inure to the City and the Developer to the extent the Developer ultimately exercises
its option to purchase the Property and each successive successor in interest thereto and
constitute covenants that run with the Property. Any and all rights and obligations that are
attributed to the Developer under this Agreement shall run with the land irrespective of whether
the Developer exercises its option to purchase the Property. In addition, if Developer does not
exercise such option, it shall still be obligated to fulfill the conditions set forth in Section 6.8 of
this Agreement
3 1 Constructive Notice and Acceptance. Every person who acquires any
right, title or interest in or to any portion of the Property in which the Developer has a legal
interest is, and shall be, conclusively deemed to have consented and agreed to be bound by this
Agreement, whether or not any reference to this Agreement is contained in the instrument by
which such person acquired such right, title or interest.
32 Rights to Assign Developer may assign or transfer its rights and
obligations under this Agreement with respect to the Property, or any portion thereof, to any
person at any time during the term of this Agreement without approval of the City.
33 Liabilities Upon Transfer Upon the delegation of the duties and
obligations under this Agreement and the sale, transfer or assignment of all or any portion of the
Property, Developer will be released from its obligations under this Agreement with respect to
the Property, or portion thereof, so transferred ansmg subsequent to the effective date of such
transfer, if (i) Developer has provided to the City prior or subsequent written notice of such
transfer and (u) the transferee has agreed in writing to be subject to all of the provisions hereof
applicable to the portion of the Property so transferred by executing an Assignment and
Assumption Agreement in the form of Exhibit "B" attached hereto Upon any transfer of any
portion of the Property and the express assumption of Developer's obligations under this
Agreement by such transferee, the City agrees to look solely to the transferee for compliance by
such transferee with the provisions of this Agreement as such provisions relate to the portion of
the Property acquired by such transferee. Any such transferee shall be entitled to the benefits of
this Agreement as "Developer" hereunder and shall be subject to the obligations of this
Agreement applicable to the parcel(s) transferred A default by any transferee shall only affect
that portion of the Property owned by such transferee and shall not cancel or diminish in any way
Developer's rights hereunder with respect to any portion of the Property not owned by such
44366 \I060366v20 3 '�
transferee. The transferee shall be responsible for satisfying the good faith compliance
requirements set forth in Section 9 below relating to the portion of the Property owned by such
transferee, and any amendment to this Agreement between the City and a transferee shall only
affect the portion of the Property owned by such transferee.
4. Development of the Property. The following provisions shall govern the subdivision,
development and use of the Property.
4.1 Permitted Uses, Densrtv The permitted and conditionally permitted uses
of the Property are those set forth in the City's Municipal Code which are applicable to the
Property/Project, except:
4.1 1 Food To Go Restaurant "Food to go" restaurants (defined in
Section 15 -1 -6 of the El Segundo Municipal Code) are not permitted or conditionally permitted
uses
4 1.2 Grocery Store For a period of one (1) year following the date that
the permitted 425,000 of developable floor area of the Project is ninety percent (90 %) occupied
(the "Whole Foods Penod" ), a grocery store will only be a permitted use to the extent it is a
"Whole Foods" grocery store. During the Whole Foods Period, the Developer shall have the
right to request that the City Council approve of a grocery store other than "Whole Foods" and
the City Council may approve or deny such request in its sole discretion
4.1.3 Fast Food Restaurants. Unless such use is incidental to the
primary business of an occupant of a building, "Fast food" restaurants shall not be allowed
within 150 feet of Sepulveda Boulevard, or south of the current locations of the Union Pacific
Railroad or the Burlington Northern Santa Fe Railroad lines "Fast food" restaurant is defined as
"A restaurant where customers purchase food and beverages and either consume the food and
beverages on the premises within a short period of time or take the food and beverages off the
premises. Typical characteristics of a fast food restaurant include but are not limited to, the
purchase of food and beverages at a walk -up window or counter, no table service by a server,
payment for food and beverages prior to consumption, and the packaging of food and beverages
in disposable containers A restaurant shall not be considered a fast food or take -out restaurant
solely on the basis of incidental or occasional take -out sales "
4 14 Banks and Day Spas One Bank shall be permitted One day spa
with a minimum floor area of 5,000 square feet shall be permitted.
4 15 Restaurants A mimmum of two (2) full service, sit down
restaurants that serve both lunch and dinner, which have at least 6,000 square feet of floor area
(including outdoor dining facilities) ( "Full Service Restaurant ") shall be constructed; provided,
however, if Developer is not able to lease space to a second Full Service Restaurant within two
(2) years following the date the Project is ninety percent (90 %) occupied, the requirements of
this Section 4.1 5 shall be reduced from two (2) to one (1) Full Service Restaurant.
4 1 6 Health Clubs and Fitness Centers No health club or fitness center
shall be permitted.
2 V J
44386 \1060366v20
4.2 Development Standards. All design and development standards that shall
be applicable to the Property ( "Development Standards ") are set forth in the El Segundo General
Plan, the El Segundo Municipal Code, the Applicable Rules, the Project Approvals, and this
Agreement Additionally, the following restrictions apply-
4.2 1 Tenant/Owner Use Space No uses within the Project shall exceed
125,000 square feet of floor area in size.
4.2.2 Limitations on Minimum Square Footage of Buildings and Space.
Except with respect to the two restaurants identified in Section 4.15 above, a maximum of
75,000 square feet of the allowable building area allowed on the Property can be developed
and/or utilized for uses that occupy less than 10,000 square feet of building space. With respect
to such 75,000 square feet, a maximum of 8 building pads (exclusive of the "Full Service
Restaurants" referred to in Section 4. L5 above) may be less than 10,000 square feet each
Moreover, no building pads on the Property may be less than 5,000 square feet in size.
Additionally, with respect to the 75,000 square feet, only those uses identified on Exhibit "C"
shall be allowed to occupy less than 1,500 square feet of building space or uses which are the
reasonable equivalents of the specific businesses listed in Exhibit "C" as determined by the
Planning and Building Safety Director in his or her sole discretion. In addition, the Developer
shall have the right to request that the City Council approve of deviations from the restrictions
set forth in this Section 4 2 2 and the City Council may approve or deny such requests in its sole
discretion. As used in this Agreement, the term "building pad" shall be defined to mean the total
ground floor area of any individual building constructed on the Property
4.23 Transfer of Development Rights The Developer shall have the
right to transfer floor area between parcels that are created within Area A as a part of the Project
Approvals so long as no parcel exceeds a floor area ratio of 0.6:1 Such transfers of floor area
shall be recorded against the properties involved in the transfer of floor area in accordance with
the requirements of the C -4 Zoning. The Planning and Building Safety Director or designee must
review the application for transfer of floor area to ensure conformity with the requirements of
this Section 4.2 3 This review shall not be subject to a public hearing process. Transfer of floor
area from properties located outside of Area A to any parcel within Area A is strictly prohibited
43 Building Standards All construction on the Property shall adhere to the
California Building Code, the California Electrical Code, the California Mechanical Code, the
Uniform Sign Code, the Uniform Code for Abatement of Dangerous Buildings, and Uniform
Administrative Code in effect at the time the plan check or permit is approved and to any federal
or state building requirements that are then in effect (collectively the "Building Codes ")
44 Fees, Exactions, Mitigation Measures, Conditions. Reservations and
Dedications All fees, exactions, mitigation measures, conditions, reservations and dedications
of land for public purposes that are applicable to the Project or the Property are set forth in the
Applicable Rules, the Project Approvals and this Agreement. Additionally, Developer shall pay
all applicable fees that are in effect at the time that fees are required to be paid pursuant to
Section 6 2 of this Agreement. This Section shall not be construed to limit the authority of City
to charge normal and customary application, processing, and permit fees for land use approvals,
44366 \I060366v20 5 t
building permits and other similar permits, which fees are designed to reimburse City's actual
expenses attributable to such application, processing and permitting and are in force and effect
on a City-wide basis at such time as said approvals and permits are granted by City.
4.5 Use of Easements. Notwithstanding the provisions of the Applicable
Rules, easements dedicated for vehicular and pedestrian use shall be permitted to include
easements for underground drainage, water, sewer, gas, electricity, telephone, cable,
environmental remediation and other utilities and facilities so long as they do not unreasonably
interfere with pedestrian and/or vehicular use.
5. Vesting of Development Rights.
5.1 Applicable Rules The Applicable Rules shall consist of the following
5 1.1 The General Plan, as it exists on the Effective Date;
5.12 The City's Municipal Code, including the Zoning Code, as the
Municipal Code exists on the Effective Date,
5.13 Such other laws, ordinances, riles, regulations, and official
policies governing permitted uses of the Property, density, design, improvement, and
construction standards and specifications applicable to the development of the Property in force
at the time of the Effective Date, which are not in conflict with this Agreement.
5.2 Entitlement to Develop The Developer is hereby granted the vested right
to develop the Project on the Property subject to the Applicable Rules, the Project Approvals and
any future approvals applied for by the Developer and granted by the City for the Project or the
Property (the "Future Approvals ").
53 Subsequent Enactments. Any change in the Applicable Rules, including,
without limitation, any change in any applicable general plan or specific plan, zoning, or
subdivision regulation, adopted or becoming effective after the Effective Date, including,
without limitation, any such change by means of an ordinance, initiative, resolution, policy, order
or moratorium, initiated or instituted for any reason whatsoever and adopted by the City Council,
the Planning Commission or any other board, agency, commission or department of the City, or
any officer or employee thereof, or by the electorate, as the case may be (collectively the
"Subsequent Rules "), which would, absent this Agreement, otherwise be applicable to the
Property, shall not be applied by the City to any part of the Property
54 Future Approvals.
5.4 1 Minor Modifications to Project Developer may make minor
changes to the Project and Project Approvals ( "Minor Modifications ") without amending this
Agreement upon the administrative approval of the City of El Segundo Director of Planning and
Building Safety (the "City Planning and Building Safety Director ") or designee, provided that
such modifications are consistent with the Development Standards, Applicable Rules and Project
Approvals. The City shall not unreasonably withhold or delay approval of any Minor
Modification. The City shall have the right to impose reasonable conditions in connection with
44386 \1060366v20 6 2 6 k-/
Minor Modifications, provided, however, such conditions shall not (a) be inconsistent with the
Applicable Rules, the Project Approvals or with the development of the Project as contemplated
by this Agreement; (b) directly or indirectly, unreasonably hinder, delay, impede, obstruct,
interfere with, or place unreasonably burdensome or restrictive measures or requirements upon
development of the Project or the Property or any portion thereof; or (c) impose additional
dedications, infrastructure or public improvement obligations, fees, or exactions in excess of
those identified in the Applicable Rules, the Project Approvals, or this Agreement
5 4 2 Modification of Protect Approvals. It is contemplated by City and
Developer that Developer may, from time to time, pursuant to Section 5 4.1 seek amendments to
one or more of the Project Approvals. Any such amendments are contemplated by City and
Developer as being within the scope of this Agreement as long as they are authorized pursuant to
this Section 5.4 2 and shall, upon approval by City, continue to constitute the Project Approvals
as referenced herein The parties agree that any such amendments shall not constitute an
amendment to this Agreement nor require an amendment to this Agreement.
5.4 3 Modifications Requiring Amendment to this Agreement. Any
proposed modification to the Protect which results in any of the following shall not constitute a
Minor Modification but rather shall constitute a Major Modification and shall instead require an
amendment to this Agreement pursuant to Section 15 below:
(a) Any decrease in the required building setbacks as set forth
in the C -4 Zone,
(b) Any increase in the total developable square footage of the
entire Property in excess of the maximum FAR allowed under the C -4 Zone;
(c) Any increase in height of buildings or structures on the
Property above 65 feet;
(d) Any decrease in the minimum required lot area as set forth
in the C -4 Zone,
(e) Any decrease in the minimum required lot frontage as set
forth in the C -4 Zone,
(f) Except as set forth in Section 4 2.3 above, any change to
the requirements of the transfer of development rights as set forth in the C -4 Zone,
(g) Any increase in the maximum number of A.M. and P.M
peak hour vehicle trips for the Project as specified in the conditions of approval and Mitigation
Momtonng and Reporting Program (MMRP), unless a subsequent traffic report has been
prepared to the reasonable satisfaction of the City's Planning and Building Safety Director that
identifies potential impacts and proposes feasible mitigation measures to mitigate such impacts
and otherwise complies with CEQA;
(h) Any change in use to a use which is not permitted under
this Agreement,
44386 \1060366v20 7 26-6
d development shout hege
the use �' except to the extent
Any devtatton from ent, uare footage
(i) of this XWE s or sq
in Section 4.1 and Sec io to apPTOQe of ahem'a use
t forth rovtde for the Cow obligation to
limitations ifically P veloper s e
Sections P and, °dificatton to Ike el approval and th
requirements; (]) Any macaw d d in. the conditions
to the city asp ect shall be
public roadwaYs ificatiotts to the Prof
dedicate the F all other mod
MMRP Plans for
the Major M tfications listed a ov > including P
od
other than odificauOuS.' On the PTOPertY' roved by the
Minor M w Plans far each building xovided>
considered shall be to t 1 dnig � ;; P
tt
Plan Revt and landsc aPing' building p ltcable Rules. the
5'S sand screening not to Issuance of
to the APP ds,
ash enclosure Safety Duector P contrary C° e Development 5tandar
sigaage,
trash Building to the the Director shall
Planning acid ding anything 'onsistzncy ng and Building Safety Rules or
City notwtthstan 11 be to venfY lards, Applicable
however,
that view slta City Planning Stan d shall have no
Of such review APFrOVals T the Develop eement an
sole P °$e rovedbY this AST which are consistent
Applicable Rules an which are consistent w features or matters
ise specifically app eement
aPPrpVe all features e Otherd ll approve aniovedby this A gT aiillo or cork ect APPTOVaIs or ar dittona y V. Crry of Cam
Pzo] to dtsaFFiOV ch have been specifically aPP coon Co e of the parties
authority [u Pardee CO h 1e a that the failur
with or atheTwt� which ofUe elo meat, supreme Coto' o red initiative
5.6 Timm iaSuP lateral P and Developer
465 (1984), the Californ ment resulted m aeetrient. City all bave
Ca1,3d or rate of develop Mies' agi that DevelOPeT sh es as
(Pardee), 37 far the timing revail against the d pcovtding d times
Piro develop by acknowledging order and at such rat ea'?subject to
therein to P rite o Vt in such to
restricting the r the result In Par ective business ]udgm
in to avoid anon' to develop exercise of ds subj
t, without oblig Prlate within th future
the right, this Section, in
Developer deems aPPrment. intent, as set forth uI of any ordinance,
of this Agr e Parties Lure adoption
the term In friTtiterance of the of development over
ctime i or
City ordinance or resolurate or tuning osed by the City
existing PUT to limit the o ted or strip However, nothing li
amendment of any that p hases> whether ad o the Propert3 r s obhg ursuant to
resolution or other acto f development p shall apply force Develop , atlon P
noticing Tocess' ht to tovals and this
alter the seq to limit City's ° require by the Project APP
tlicough the instill be con trued loin ,rule
nod of eight (R) Years
this Section slid rovtde all Infrastru
this Agreement top shall be entitled
Agreement. Developer or city ' five (5)-Year
�hvs AgCeen1ent shall H °we erct for one (1)
5 7 `Ceti?-- ordinance. eement's expiration, obligations
of the En party prior to the kgr ,11011 default of its obhg
from the effective date other Party is not in m
written notiCe to the
to, by . Provided that the
extension, P
hereunder at such tuna
V
44386 \1060166x20
5.8 Issuance of Building Permits. No building permit, final inspection or
Certificate of Occupancy will be unreasonably withheld, conditioned, or delayed from the
Developer if all infrastructure required to serve the portion of the Property covered by the
building permit, final inspection or Certificate of Occupancy is in place or is suitably guaranteed
to be completed (by covenant, bond, letter of credit or otherwise) to the reasonable satisfaction of
the City prior to completion of construction and all of the other relevant provisions of the Project
Approvals, Future Approvals and this Agreement have been satisfied.
59 Satisfaction of Mitigation Measures and Conditions In the event that any
of the mitigation measures or conditions required of Developer hereunder have been
implemented by others, Developer shall be conclusively deemed to have satisfied such
mitigation measures or conditions, consistent with CEQA. If any such mitigation measures or
conditions are rejected by a governmental agency with jurisdiction, the Developer may
implement reasonably equivalent substitute mitigation, consistent with CEQA, to the City's
satisfaction, in lieu of the rejected mitigation measures or conditions. Such substitution shall be
deemed to be a Minor Modification pursuant to Section 5.4 1 above
5 10 Moratorium. The City shall not impose a moratonum on the Property
unless such is necessary to protect a significant threat to the health, safety and welfare of the
City.
5.11 Performance of City Planning and Building Safety Director Duties If the
City determines at any time during the term of this Agreement that the duties to be performed by
the City Planning and Building Safety Director under this Agreement will be performed by one
or more staff members other than the Planning and Building Safety Director, the City shall
endeavor to notify the Developer of such change. The City shall ensure that a person or persons
are designated at all times to carry out the duties of the Planning and Building Safety Director set
forth in this Agreement
6 Developer Agreements
6.1 General. The Developer shall comply with (i) this Agreement, (u) the
Project Approvals, including without limitation all mitigation measures required by the
determination made pursuant to the California Environmental Quality Act, and (m) all Future
Approvals for which it is the applicant or a successor in interest to the applicant
6.2 Development Fees. Subject to the provisions of Section 4 4 above,
Developer shall pay the development fees in effect at such time that building permits are issued
for the Project The Developer shall be entitled to credits against the City's traffic mitigation
fees to the extent off -site traffic improvements that are required by the Project Approvals are
included in any subsequent traffic fee mitigation program adopted by the City pursuant to
Government Code Section 66000 et seq Such credits shall be based upon the actual audited
costs and shall only be granted to the extent such improvements are constructed in accordance
with all applicable state and local laws. The Developer waives any and all rights it may have to
challenge development fees that are currently applicable to development within the City and the
City's right to amend its current development fees and/or impose additional development fees.
However, the Developer retains the legal right to challenge the amount of any such amended or
.i
44386 \I060366v20 9 '-600
increased development fees to the extent such are not in compliance with the requirements of
Government Code Section 66000 et seq. as well as it right to receive credits against such
amended or increased fees.
6.3 Maintenance Obligations. The Developer shall maintain all portions of
the Property in its possession or control, and any improvements thereon, in a first class clean,
neat and orderly manner The Parties' respective maintenance obligations shall survive any
termination or expiration of this Agreement.
6.4 Term of Mau(s) and Other Protect Approvals. Pursuant to California
Government Code Sections 66452 6(a) and 65863.9, the term of any subdivision or parcel map
that has been or in the future may be processed on all or any portion of the Property and the term
of each of the Protect Approvals shall be extended for a period of time through the scheduled
termination date of this Agreement as set forth in Section 5.7 above.
65 Sales and Use Tax.
(a) In the event the contract price for any work on the Protect
is valued at five million dollars ($5,000,000) or more, Developer agrees to report, on a State
Board of Equalization Tax Return, any purchases of tangible personal property made in
connection with the finishing of and/or installation of materials, or fixtures for the Protect, when
such purchases were made without sales or use tax due Developer shall indicate the City as a
registered fob site location on the State Board of Equalization Tax Return. In such event,
Developer 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.
(b) Developer further agrees that if Developer retains
contractors or subcontractors to perform a portion of work in the 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 Developer, and Developer's contractors and subcontractors, from the
requirements set forth in this Section 6 5 upon proof to the reasonable satisfaction of the Director
of Administrative Services that Developer 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.
6.6 Aquatic Payment. Developer upon issuance of the first building permit for
the Protect shall pay the City $1 5 million for purposes of the City using the funds to repair,
improve, and/or construct aquatic facilities within the City.
67 Future Construction Activities. The development of the C -4 Zone, which
Zone was established concurrently with this Agreement, will likely involve the construction of
significant public infrastructure improvements in the future (for example, public roadways and
utilities) The Developer, owners and occupants of the Property are hereby on notice that such
construction activities may result in a reduced but not a lack of access to the Property and other
44386U060366v20 l0 2 0"1
b3
temporary physical and financial negative impacts to the Property and the uses thereon due to
noise, dust, vibration and other normal and temporary construction related impacts. Developer,
owners and occupants of the Property agree not to file any claims or legal or equitable actions
against the City or the developers of the C -4 Zone relating to, or arising from, such temporary
negative impacts associated with such public improvement construction activities that seek to
enjoin the construction activities or seek damages based upon or arising out of alleged or actual
temporary business interruption to or temporary business financial losses incurred by the
Developer, owners or occupants of the Property This provision shall survive the termination of
this Agreement and shall remain in effect for a period of 30 years from the effective date of this
Agreement.
68 Contribution to Downtown. Developer agrees to pay the City $125,000
upon the earlier of. (1) the expiration of the statute of limitation for challenging the Project
Approvals with no challenge having been filed, or (2) upon a final court judgment or settlement
of litigation which results in the Developer being allowed to proceed with development of the
Property, , Thereafter, Developer shall pay the City an additional $125,000 within one year of
the date upon which the Developer was obligated to make the first $125,000 payment to the City
These funds paid to the City shall be used for purposes of enhancing, promoting, or maintaining
the public right of ways adjacent to the business and properties within the Downtown Specific
Plan area The City shall form a subcommittee with representatives from the City and business
community for purposes of forming recommendations to the City Council with respect to the
expenditure of such funds
69 Third -Party Ag eements Restricting Uses on Property Developer
warrants and represents that it has not and will not enter into any agreements with third - parties,
or record any restrictions against the Property, which directly or indirectly limit the potential
uses for the Property that are currently permitted pursuant to this Agreement or in the C -4 Zone
in any respect, including but not limited to the particular retailers, types and/or sizes of
structures or businesses, types of uses, or the owners of any businesses allowed on the Property.
The Developer may request that the City Council consent to any such restriction which consent
maybe withheld in the City Council's sole discretion Without acknowledging that any of the
uses identified in (5) and (7) below are permitted pursuant to this Agreement or the C -4 Zone,
the provisions of this Section 6.9 shall not apply to, or affect or restrict the terms of (1) any lease
between the Developer and a bona fide tenant of the Property for purposes of restricting
competition relating to the tenant's business, (2) any purchase and sale agreement between the
Developer and a bona fide retail business /purchaser of one or more parcels of the Property for
purposes of restricting competition relating to the retailer's business; (3) any agreement or
permit between the Developer and any federal, state or regional regulatory agency (not including
the County of Los Angeles (except to the extent County permits may be required to drill any
wells on the Property and/or to discharge into the sanitary sewer system) or cities), such as, but
not limited to the Army Corps of Engineers, the Environmental Protection Agency, the
Department of Fish and Wildlife, the Department of Toxic Substances Control, the Public
Utilities Commission, the Regional Water Quality Control Board and the California Department
of Fish and Game,(4) normal and customary covenants, conditions and restrictions for retail
centers (commonly referred to as "CC &R's ") so long as such do not restrict the uses that are
currently permitted on the Property pursuant to this Agreement or the C -4 Zone, (5) any
restrictions on residential, health care, child care, schools, or other similar uses imposed by the
44386 \1060366v20 11 2Z 0
current owner of the Property, Honeywell International Inc., (6) any restrictions on using
groundwater underneath the Property for human consumption, irrigation, or other purposes that
might bring groundwater into contact with humans; or (7) restrictions prohibiting bowling alleys,
arcades, skating rinks, billiard rooms, carnivals or circuses, the sale of used goods or materials,
dance halls, bars (not including bars that are an ancillary use to another permitted use); funeral
parlors, the sale of paraphernalia for use with illegal drugs, automobile services (including but
not limited to service stations), automobile sales, liquidation sales (not including court ordered
sales), veterinary services (except as ancillary use to a pet store), tattoo parlors and pawn shops
City /Developer Agreements.
7 1 Expedited Processin g. The City shall process, at Developer's expense, in
an expedited manner all plan checking, excavation, grading, building, encroachment and street
improvement permits, Certificates of Occupancy, utility connection authorizations, and other
mini stenal permits or approvals necessary, convenient or appropriate for the grading, excavation,
construction, development, improvement, use and occupancy of the Project in accordance with
the City's accelerated plan check process under the Applicable Rules Without limiting the
foregoing, if requested by Developer, the City agrees to utilize private planners and plan
checkers (upon Developer's request and at Developer's cost) and any other available means to
expedite the processing of Project applications, including concurrent processing of such
applications by various City departments
72 Processing Cooperation and Assistance. To the extent permitted by law,
the City shall reasonably cooperate with the Developer in securing any and all entitlements,
authorizations, permits or approvals which may be required by any other governmental or quasi -
governmental entity in connection with the development of the Project or the Property. Without
linutmg the foregoing, the City shall reasonably cooperate with the Developer in any dealings
with federal, state and other local governmental and quasi - governmental entities concerning
issues affecting the Property The City shall endeavor to keep the Developer fully informed with
respect to its commumcations with such agencies which could impact the development of the
Property.
73 Processing Dunne Third Party Litigation. The filing of any third party
lawsuit(s) against the City or the Developer relating to this Agreement, the Project Approvals,
any Future Approvals or to other development issues affecting any portion of the Property or the
Project shall not hinder, delay or stop the development, processing or construction of the Project,
approval of the Future Approvals, or issuance of ministerial permits or approvals, unless the third
party obtains a court order preventing the activity.
8. Modification/Suspension Pursuant to Government Code Section 65869 5, in the event
that any state or federal law or regulation, enacted after the Effective Date (as defined in Section
18), precludes compliance with any provision of this Agreement, such provision shall be deemed
modified or suspended to the extent practicable to comply with such state or federal law or
regulation, as reasonably determined necessary by City. Upon repeal of said law or regulation or
the occurrence of any other event removing the effect thereof upon the Agreement, the
provisions hereof shall be restored to their full original effect.
44386 \1060366v20 12 r- rl j
Demonstration of Good Faith Compliance.
9.1 Review of Compliance. In accordance with Government Code Section
65865 1, this Section 9 and the Applicable Rules, once each year, on or before each anniversary
of the Effective Date ( "Penodic Review "), the City Planning and Building Safety Director shall
review the extent of the Developer's good faith substantial compliance with the terms and
provisions of this Agreement as well as the performance by the City of its obligations under this
Agreement.
9.2 Good Faith Compliance. During each Periodic Review, the Developer
shall demonstrate by written status report that, during the preceding twelve (12) month period,
that it has been in good faith compliance with this Agreement For purposes of this Agreement,
the phrase "good faith compliance" shall mean that the Developer has demonstrated that it has
acted in a commercially reasonable manner (taking into account the circumstances which then
exist) and in good faith in and has substantially complied with the Developer's material
obligations under this Agreement.
9.3 Information to be Provided to Developer. The City shall deliver to the
Developer a copy of all staff reports prepared in connection with a Periodic Review, any prior
staff reports generated during the review period, written comments from the public and, to the
extent practical, all related exhibits concerning such Periodic Review, but in no event later than
six (6) business days prior to the City Planning and Building Safety Director's submittal of a
report setting forth his or her determination as to the results of the Periodic Review. Subject to
the provisions of Section 14.1 below, upon the Developer's request, the Developer shall be given
a full and adequate opportunity to be heard orally and in writing regarding its performance and,
at its option, the City's performance under the Agreement prior to the completion of the City
Planning and Building Safety Director's Periodic Review
9.4 Notice Of Non - Compliance; Cure Rights. Subject to the provisions of
Section 14 1 below, if at the completion of any Periodic Review, the City Planting and Building
Safety Director reasonably concludes on the basis of substantial evidence that as to any parcel or
parcels comprising the Property (i) the Developer has not demonstrated that it is in good faith
compliance with this Agreement, and (u) that the Developer is out of compliance with a specific
substantive term or provision of this Agreement, then the City Planning and Building Safety
Director may issue and deliver to the Developer a written Notice of Violation as set forth in
Section 11 1 below
95 Determination of Developer's Compliance If the City Planning and
Building Safety Director determines that the Developer has demonstrated that it is in good faith
compliance with this Agreement, the City Planning and Budding Safety Director's determination
shall be deemed final and non - appealable If the Developer appeals to the Planning Commission
a determination by the City Planning and Building Safety Director that the Developer is not in
compliance with this Agreement and the Planning Commission determines that the Developer
has demonstrated that it is in good faith compliance with this Agreement, the Planning
Commission's determination shall be deemed final and non - appealable. If the Developer appeals
to the City Council a determination by the Planning Commission that the Developer is not in
compliance with this Agreement and the City Council determines that the Developer has
44386 \1060366v20 13
demonstrated that it is in good faith compliance with this Agreement, the City Council's
determination shall be deemed final and non - appealable
9.6 Failure of Periodic Review The City's failure to review, at least annually,
compliance by the Developer with the terms and conditions of this Agreement shall not
constitute or be asserted by any Party as a breach by any other Party of this Agreement.
10 Excusable Delays. Performance by any Party of its obligations hereunder shall be
excused during any period of "Excusable Delay," as hereinafter defined, provided that the Party
claiming the delay gives notice of the delay to the other Party as soon as reasonably possible
after the same has been ascertained For purposes hereof, Excusable Delay shall mean delay that
directly affects, and is beyond the reasonable control of, the Party claiming the delay, including
without limitation (a) act of God, (b) civil commotion, (c) not, (d) strike, picketing or other
labor dispute; (e) shortage of materials or supplies, (f) damage to work in progress by reason of
fire, flood, earthquake or other casualty; (g) reasonably unforeseeable delay caused by a
reasonably unforeseeable restriction imposed or mandated by a governmental entity other than
City; (h) litigation brought by a third party attacking the validity of this Agreement, a Project
Approval, a Future Approval or any other action necessary for development of the Property, (i)
delays caused by any default by City or the Developer hereunder, or 0) delays due to the
presence or remediahon of hazardous materials The tern of tlus Agreement shall be extended
by any period of Excusable Delay
11. Default Provisions.
11 1 Default. Either Party to this Agreement shall be deemed to have breached
this Agreement if it materially breaches any of the provisions of this Agreement and the same is
not cured within the time set forth to a written notice of violation (the "Notice of Violation')
from the non - breaching Party to the breaching Party, which period of time shall not be less than
ten (10) days for monetary defaults, and not less than sixty (60) days for non - monetary defaults
from the date that the notice is deemed received, provided if the breaching Party cannot
reasonably cure a non - monetary default within the time set forth in the notice, then the breaching
Party shall not be in default if it commences to cure the default within such time limit and
diligently effects such cure thereafter. If the City determines that a default may have occurred,
the City shall give written notice to the Developer of its intention to terminate this Agreement
and comply with the notice and public hearing requirements of Government Code Sections
65867 and 65868 At the time and place set for the hearing on termination, the Developer shall
be given an opportunity to be heard. If the City Council finds based upon the evidence that the
Developer is in breach of this Agreement, the City Council may modify or terminate this
Agreement
112 Content of Notice of Violation Every Notice of Violation shall state with
specificity that it is given pursuant to this Section of the Agreement, the nature of the alleged
breach, (including references to the pertinent provisions of this Agreement), the portion of the
Property involved, and the manner to which the breach may be satisfactorily cured The notice
shall be deemed given in accordance with Section 19 hereof.
44386MOW366v20 14 '7 `3
113 Remedies for Breach. The Parties agree that the remedies for breach of
this Agreement shall be limited to the remedies expressly set forth in this subsection. The
remedies for breach of this Agreement by City or Developer shall be limited to injunctive relief
and/or specific performance.
12 Mortgagee Protection This Agreement shall not prevent or limit the Developer, in any
manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or
any improvements thereon by any mortgage, deed of trust or other security device The City
acknowledges that the lender(s) providing such financing ( "Mortgagee ") may require certain
Agreement interpretations and agrees, upon request, from time to time, to meet with the
Developer and representatives of such lender(s) to provide within a reasonable time period the
City's response to such requested interpretations. The City will not unreasonably withhold its
consent to any such requested interpretation, provided that such interpretation is consistent with
the intent and purposes of this Agreement. Any Mortgagee of a mortgage or a beneficiary of a
deed of trust or any successor or assign thereof, including without limitation the purchaser at a
judicial or non judicial foreclosure sale or a person or entity who obtains title by deed-in-lieu of
foreclosure on the Property shall be entitled to the following rights and privileges.
12 1 Mortgage Not Rendered Invalid. Neither entering into this Agreement nor
a breach of this Agreement shall defeat, render invalid, diminish, or impair the priority of the lien
of any mortgage or deed of trust on the Property made in good faith and for value. No
Mortgagee shall have an obligation or duty under this Agreement to perform the Developer's
obligations, or to guarantee such performance, prior to taking title to all or a portion of the
Property
12.2 Request for Notice to Mortgagee. The Mortgagee of any mortgage or
deed of trust encumbering the Property, or any part thereof, who has submitted a request in
writing to the City in the manner specified herem for giving notices, shall be entitled to receive a
copy of any Notice of Violation delivered to the Developer.
12.3 Mortgagee's Time to Cure The City shall provide a copy of any Notice
of Violation to the Mortgagee within ten (10) days of sending the Notice of Violation to the
Developer. The Mortgagee shall have the right, but not the obligation, to cure the default for a
period of thirty (30) days after receipt of such Notice of Violation. Notwithstanding the
foregoing, if such default shall be a default which can only be remedied by such Mortgagee
obtaining possession of a Property, or any portion thereof, and such Mortgagee seeks to obtain
possession, such Mortgagee shall have until thirty (30) days after the date of obtaining such
possession to cure or, if such default cannot reasonably be cured within such period, to
commence to cure such default, provided that such default is cured no later than one (1) year
after Mortgagee obtains such possession
12.4 Cure Rights. Any Mortgagee who takes title to all of the Property, or any
part thereof, pursuant to foreclosure of the mortgage or deed of trust, or a deed in lieu of
foreclosure, shall succeed to the rights and obligations of the Developer under this Agreement as
to the Property or portion thereof so acquired; provided, however, in no event shall such
Mortgagee be liable for any defaults or monetary obligations of the Developer ansing prior to
acquisition of title to the Property by such Mortgagee, except that any such Mortgagee shall not
44386\1060366v20 15 271 `
be entitled to a building permit or occupancy certificate until all delinquent and current fees and
other monetary or non - monetary obligations due under this Agreement for the Property, or
portion thereof acquired by such Mortgagee, have been satisfied
125 Bankruptcy. If any Mortgagee is prohibited from commencing or
prosecuting foreclosure or other appropriate proceedings in the nature of foreclosure by any
process or injunction issued by any court or by reason of any action by any court having
jurisdiction of any bankruptcy or insolvency proceedings involving the Developer, the times
specified in Section 12 3 above shall be extended for the period of the prohibition, except that
any such extension shall not extend the term of this Agreement.
126 Disaffirmation If this Agreement is terminated as to any portion of the
Property by reason of (i) any default or (u) as a result of a bankruptcy proceeding, this
Agreement is disaffirmed by a receiver, liquidator, or trustee for the Developer or its property,
the City, if requested by any Mortgagee, shall negotiate in good faith with such Mortgagee for a
new development agreement for the Project as to such portion of the Property with the most
senior Mortgagee requesting such new agreement This Agreement does not require any
Mortgagee or the City to enter into a new development agreement pursuant to this Section.
13 Estoppel Certificate. At any time and from time to time, the Developer may deliver
written notice to City and City may deliver written notice to the Developer requesting that such
Party 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, (u) this Agreement has not been
amended, or if amended, the identity of each amendment, and (iii) the requesting Party is not in
breach of this Agreement, or if in breach, a description of each such breach. The Party receiving
such a request shall execute and return the certificate within thirty (30) days following receipt of
the notice The failure of the City to deliver such a written notice within such time shall
constitute a conclusive presumption against the City that, except as may be represented by the
Developer, this Agreement is in full force and effect without modification, and that there are no
uncured defaults in the performance of the Developer The City Planning and Building Safety
Director shall be authorized to execute, on behalf of the City, any Estoppel Certificate requested
by the Developer. City acknowledges that a certificate may be relied upon by successors in
interest to the Developer who requested the certificate and by holders of record of deeds of trust
on the portion of the Property in which that Developer has a legal interest
14 Administration of Agreement
14 1 Appeal of Staff Determinations. Any decision by City staff concerning
the interpretation or administration of this Agreement or development of the Property in
accordance herewith may be appealed by the Developer to the Planning Commission, and
thereafter, if necessary, to the City Council pursuant to the El Segundo Municipal Code. The
Developer shall not seek judicial review of any staff decision without first having exhausted its
remedies pursuant to this Section Final determinations by the City Council are subject to
judicial review subject to the restrictions and limitations of California law.
14.2 Operating Memoranda. The provisions of this Agreement require a close
degree of cooperation between City and Developer During the Term of this Agreement,
44386 \1060366v20 16 2 73
clarifications to this Agreement and the Applicable Rules may be appropriate with respect to the
details of performance of City and Developer. If and when, from time to time, during the term of
this Agreement, City and Developer agree that such clarifications are necessary or appropriate,
they shall effectuate such clarification through operating memoranda approved in writing by City
and Developer, which, after execution, shall be attached hereto and become part of this
Agreement and the same may be further clarified from time to time as necessary with future
written approval by City and the Developer Operating memoranda are not intended to and shall
not constitute an amendment to this Agreement but are mere ministerial clarifications, therefore
public notices and hearings shall not be required. The City Attorney shall be authorized, upon
consultation with, and approval of, the Developer, to determine whether a requested clarification
may be effectuated pursuant to this Section or whether the requested clarification is of such
character to constitute an amendment hereof which requires compliance with the provisions of
Section 15 below The authority to enter into such operating memoranda is hereby delegated to
the City Planning and Building Safety Director, and the City Planning and Building Safety
Director is hereby authorized to execute any operating memoranda hereunder without further
City Council action.
14.3 Certificate of Performance. Upon the completion of the Project, or the
completion of development of any parcel within the Project, or upon completion of performance
of this Agreement or its earlier revocation and termination, the City shall provide the Developer,
upon the Developer's request, with a statement ( "Certificate of Performance ") evidencing said
completion or revocation and the release of the Developer from further obligations hereunder,
except for any ongoing obligations hereunder The Certificate of Performance shall be signed by
the appropriate agents of the Developer and the City and shall be recorded in the official records
of Los Angeles County, California. Such Certificate of Performance is not a notice of
completion as referred to in California Civil Code Section 3093
15 Amendment or Termination by Mutual Consent Except as otherwise set forth herein,
this Agreement may only be amended or terminated, in whole or in part, by mutual consent of
City and the Developer, and upon compliance with the provisions of Government Code Section
65867
16. Indemnification/Defense.
161 Indemnification The Developer shall indemnify, defend with counsel
reasonably acceptable to the City, and hold harmless the City and its officers, employees and
agents from and against any and all losses, liabilities, fines, penalties, costs, claims, demands,
damages, injuries or.judgments arising out of, or resulting in any way from, the Developer's
performance pursuant to this Agreement except to the extent such is a result of the City's
negligence or intentional misconduct
Developer shall indemnify, defend with counsel reasonably acceptable to
the City, and hold harmless the City and its officers, employees and agents from and against any
action or proceeding to attack, review, set aside, void or annul this Agreement or the Project
Approvals or any provisions thereof, including without limitation the CEQA determination and
rezoning relating to the Other C -4 Property which is not otherwise the subject of this
Agreement.
44366 \1060366v20 17
27 6
162 Defense of Agreement. If the City accepts Developer's indemnification
and defense as provided in Section 16.1 above, the City agrees to and shall timely take all actions
which are necessary or required to uphold the validity and enforceability of this Agreement and
the Applicable Rules. This Section 16 shall survive the termination of this Agreement.
17. Time of Essence Time is of the essence for each provision of this Agreement of which
time is an element
18. Effective Date. This Agreement shall become operative on the date the Enabling
Ordinance becomes effective (the `Effective Date ") pursuant to Government Code Section
36937
19. Notices. Any notice shall be in writing and given by delivering the same in person or by
sending the same by registered or certified mail, return receipt requested, with postage prepaid,
by overnight delivery, or by facsimile to the respective mailing addresses, as follows
If to City City of El Segundo
350 Main Street
El Segundo, CA 90245
Attention. City Clerk
With a Copy to- Jenkins & Hogm LLP
Manhattan Towers
1230 Rosecrans Avenue, Suite 110
Manhattan Beach, CA 90266
Attention: Mark D Hensley, Esq.
If to Developer- Rosecrans- Sepulveda Partners, LLC
c/o Mar Ventures, Inc
2050 West 190th Street, Suite 201
Torrance, CA 90504
Attention. Allan W. Mackenzie
With a Copy to Continental Development Corporation
2041 Rosecrans Avenue, Suite 265
El Segundo, CA 90245
Attention: Leonard E Blakesley, Jr
Comstock Crosser & Associates
321 12th Street, Suite 200
Manhattan Beach, CA 90266
Attention: Daniel D. Crosser
Law Offices of Daniel Romano
11661 San Vicente Blvd, Suite 802
Los Angeles, CA 90049
Attention- Daniel Romano, Esq.
277
44386 \1060366v20 18
Cox, Castle & Nicholson LLP
2049 Century Park East, Suite 2800
Los Angeles, CA 90067
Attention Ronald I. Silverman, Esq.
Either City or Developer may change its mailing address at any time by giving written notice of
such change to the other in the manner provided herein at least ten days prior to the date such
change is effected. All notices under this Agreement shall be deemed given, received, made or
communicated on the earlier of the date personal delivery is effected or on the delivery date or
attempted delivery date shown on the return receipt, air bill or facsimile
20 Entire Agreement. This Agreement contains the entire agreement between the Parties
regarding the subject matter hereof, and all prior agreements or understandings, oral or written,
are hereby merged herein. This Agreement shall not be amended, except as expressly provided
herein
21 Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any
other provision, whether or not similar; nor shall any such waiver constitute a continuing or
subsequent waiver of the same provision. No waiver shall be binding, unless it is executed in
writing by a duly authorized representative of the Party against whom enforcement of the waiver
is sought
22. Severability. If any provision of this Agreement is determined by a court of competent
.jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to
the extent the remaining provisions are not rendered impractical to perform, taking into
consideration the purposes of this Agreement.
23 Relationship of the Parties. Each Party acknowledges that, in entering into and
performing under this Agreement, it is acting as an independent entity and not as an agent of any
other Party in any respect. Nothing contained herein or in any document executed in connection
herewith shall be construed as creating the relationship of partners, joint ventures or any other
association of any kind or nature between City and Developer, ,jointly or severally
24. No Third Party Beneficiaries This Agreement is made and entered into for the sole
benefit of the Parties and their successors in interest. No other person or party shall have any
right of action based upon any provision of this Agreement
25 Recordation of Agreement and Amendments. Tlus Agreement and any amendment
thereof shall be recorded with the County Recorder of the County of Los Angeles by the City
Clerk of City.
26. Cooperation Between City and Developer. City and Developer shall execute and deliver
to the other all such other and further instruments and documents as may be reasonably
necessary to carry out the purposes of this Agreement Upon satisfactory performance by
Developer, and subject to the continuing cooperation of the Developer, City will commence and
in a timely manner proceed to complete all steps necessary for the implementation of this
Agreement and development of the Project or Property in accordance with the terms of this
Agreement
278
44386 \1060366v20 19
27 Rules of Construction. The captions and headings of the various sections and subsections
of this Agreement are for convenience of reference only, and they shall not constitute a part of
this Agreement for any other purpose or affect interpretation of the Agreement. Should any
provision of this Agreement be found to be in conflict with any provision of the Applicable
Rules or the Project Approvals or the Future Approvals, the provisions of this Agreement shall
control.
28 Joint Preparation. This Agreement shall be deemed to have been prepared Jointly and
equally by the Parties, and it shall not be construed against any Parry on the ground that the Parry
prepared the Agreement or caused it to be prepared
29. Governing Law and Venue This Agreement is made, entered into, and executed in the
County of Los Angeles, California, and the laws of the State of California shall govern its
interpretation and enforcement Any action, suit or proceeding related to, or ansing from, this
Agreement shall be filed in the appropriate court having jurisdiction in the County of Los
Angeles.
30. Attorneys' Fees. In the event any action, suit or proceeding is brought for the
enforcement or declaration of any right or obligation pursuant to, or as a result of any alleged
breach of, this Agreement, the prevailing Party shall he entitled to its reasonable attorneys' fees
and litigation expenses and costs, and any Judgment, order or decree rendered in such action, suit
or proceeding shall include an award thereof.
Attorneys' fees under this Section shall include attorneys' fees on any appeal and any
post - judgment proceedings to collect or enforce the Judgment. This provision is separate and
several and shall survive the merger of this Agreement into any judgment on this Agreement.
31 Counterparts This Agreement may be executed in multiple counterparts, each of which
shall be deemed an original, but all of which constitute one and the same instrument
32 Weekend/Holiday Dates Whenever any determination is to be made or action to be
taken on a date specified in this Agreement, if such date shall fall upon a Saturday, Sunday or
holiday observed by federal savings banks in the State of California, the date for such
determination or action shall be extended to the first business day immediately thereafter
33 Not a Public Dedication. Except as otherwise expressly provided herein, nothing herein
contained shall be deemed to be a gift or dedication of the Property, or of the Project, or any
portion thereof, to the general public, for the general public, or for any public use or purpose
whatsoever, it being the intention and understanding of the Parties that this Agreement be strictly
limited to and for the purposes herein expressed for the development of the Project as private
property The Developer shall have the right to prevent or prohibit the use of the Property, or the
Project, or any portion thereof, including common areas and buildings and improvements located
thereon, by any person for any purpose which is not consistent with the development of the
Project Any portion of the Property conveyed to the City by the Developer as provided herein
shall be held and used by the City only for the purposes contemplated herein or otherwise
provided in such conveyance, and the City shall not take or permit to be taken (if within the
power or authority of the City) any action or activity with respect to such portion of the Property
r
27)
44386 \1060366v20 20
that would deprive the Developer of the material benefits of this Agreement, or would in any
manner interfere with the development of the Project as contemplated by this Agreement.
280
44386 \1060366v20 21
IN WITNESS WHEREOF, Developer and City of El Segundo have executed this Development
Agreement on the date first above written.
ATTEST
Cindy Mortesen
City Clerk
APPROVED AS TO. FORM
Mark D. Hensley, City Attorney
CITY-
CITY OF EL SEGUNDO, a municipal corporation
0
Kelly McDowell, Mayor
DEVELOPER:
ROSECRANS - SEPULVEDA PARTNERS, LLC,
a California limited liability company
By: Mar Torrance Partners, LP,
a Delaware limited partnership
Its Managing Member
By. Mar Ventures, Inc.,
a California corporation
Its General Partner
By Allan W. Mackenzie
Its President
44386 \1060366v20 22
281
The Owner, Honeywell International Inc., hereby consents to the recording of this Agreement
with respect to the Property and agrees to take all steps necessary to cause the Agreement to be
recorded and acknowledges that this Agreement and the Project Approvals represent burdens and
benefits that will run with the land.
OWNER-
HONEYWELL INTERNATIONAL INC,
a Delaware corporation
' L A A
I3y �?
PHILIP E. A M L
Its DiREGfOp-REAL ESTA�_
BA
STATE OF CALIFORNIA )
) SS
COUNTY OF <,Qnags )
Its:
On >✓zeaune e a<- , 2005, before me, r,eF�ur 2a3E!<,>o.A., , a Notary
Public, personally appeared — P ,47i P ua,u Mf L , personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that he /she executed the same in his/her authorized
capacity, and that by lusher signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument
WITNESS my hand and official seal. J
r
Signature
(Seal)
STATE OF CALIFORNIA 4BRENT ROBERTSON
COMM. #13873.77 SS: W No" PuWk- CaBbmia y
COUNTY OF L04 2+� ORANGE Nov 6
My Conan GE ov 28 2006
On Qorucu'Q .2 2005, before me, yTJiiL A. %11Ci^iotlpyp�a Notary
Public, personally appeared A11nt, Vii. iV10 r-,nmi¢., (or proved
to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that he /sue executed the same in his/Wauthonzed
44386 %1060366v20 23
capacity, and that by his/t* signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
WtINESS my hand and official seal.
Signatur
44386 \1060366v20 24
JULIE A MC 00NOUGH
Comm # 1453928
N NOTARY PUBLIC CALIFORNIA N
Las MXv' COW
Mr Gomm Espty
/f,.... es Dec S 2001
283
EXHIBIT A
PROPERTY DESCRIPTION
29 2 ACRE PROPERTY
THOSE PORTIONS OF THE SOUTHWEST QUARTER OF SECTION 18 TOWNSHIP 3 SOUTH RANGE 14
WEST IN THE RANCHO SAUSAL REDONDO, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA
BEGINNING AT A POINT IN THE EASTERLY LINE OF SEPULVEDA BOULEVARD, AS DESCRIBED IN
THE FINAL DECREE OF CONDEMNATION RECORDED IN BOOK 13174 AT PAGE 92, OFFICIAL
RECORDS OF SAID COUNTY, SAID POINT BEING 1040 FEET NORTHERLY, MEASURED ALONG SAID
EASTERLY LINE, FROM THE INTERSECTION OF SAID EASTERLY LINE WITH THE NORTHERLY LINE
OF LOT 4 OF TRACT NO 1314, AS PER MAP RECORDED IN BOOK 20, PAGE 161 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE ALONG SAID EASTERLY LINE AS
FOLLOWS SOUTH 0 °01' EAST A DISTANCE OF 70 16 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 3050 00 FEET, SOUTHERLY ALONG
SAID CURVE A DISTANCE OF 292 78 FEET, SOUTH 5 °29' WEST A DISTANCE OF 389 98 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 2950 00
' EAST A
V
FEET TO THE MOST WESTERLY CORNER OF THE LAND
DISTANCE OF 3 90 FEET TO THE NORTHERLY LINE OF AFOR
FEET, SOUTHERLY ALONG SAID CURVE A DISTANCE OF 283 18 FEET, AND SOUTH 0 °01 ESAID LOT 4 OF TRACT NO 1314,
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4, SOUTH 60 °41' EAST A DISTANCE OF 5 74
DESCRIBED IN THE DEED TO THE PACIFIC
ELECTRIC LAND COMPANY, RECORDED IN BOOK 5839, PAGE 185 OF DEEDS, RECORDS OF SAID
COUNTY, THENCE ALONG THE NORTHERLY LINE OF SAID LAND SO DESCRIBED A PORTION OF
WHICH IS SHOWN ON A MAP FILED FOR RECORD WITH THE DEED RECORDED IN BOOK 6708 PAGE
304 OF SAID DEED RECORDS, SOUTH 70 °41' EAST, A DISTANCE OF 219 75 FEET TO THE BEGINNING
OF A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 458 59 FEET, THENCE
EASTERLY ALONG SAID CURVE IN SAID NORTHERLY LINE A DISTANCE OF 475 29 FEET, THENCE
CONTINUING ALONG SAID NORTHERLY LINE OF SAID LAND SO DESCRIBED, NORTH 49 °56'05"
EAST A DISTANCE OF 160141 FEET TO AN INTERSECTION WITH A LINE WHICH IS PARALLEL WITH
THE SOUTH LINE OF SAID SOUTHWEST QUARTER AND PASSES THROUGH THE POINT OF
BEGINNING, THENCE NORTH 89 °59'30" WEST, A DISTANCE OF 1820 11 FEET TO THE POINT OF
BEGINNING
EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED AND GRANTED IN THE DEED
FROM ALLIED CORPORATION, A NEW YORK CORPORATION TO CHEVRON U S A, INC, A
CALIFORNIA CORPORATION RECORDED OCTOBER 15, 1984, AS INSTRUMENT NO 84- 1233577,
OFFICIAL RECORDS ATTACHED THERETO A RESOLUTION OF THE CITY OF EL SEGUNDO NO 2030
DATED FEBRUARY 11, 1983, APPROVING SAID LOT LINE ADJUSTMENT
8 1 ACRE PROPERTY
THOSE PORTIONS OF THE SOUTHWEST QUARTER OF SECTION 18 TOWNSHIP 3 SOUTH RANGE 14
WEST IN THE RANCHO SAUSAL REDONDO, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN
DEED TO THE PACIFIC ELECTRIC LAND COMPANY RECORDED IN BOOK 5839, PAGE 185 OF DEEDS,
WITH A LINE PARALLEL WITH THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 18, WHICH PASSES THROUGH A POINT IN THE EASTERLY LINE OF SEPULVEDA
BOULEVARD, AS DESCRIBED IN THE FINAL DECREE OF CONDEMNATION RECORDED IN BOOK
13174, PAGE 92, OFFICIAL RECORDS, SAID POINT BEING 1040 FEET NORTHERLY, MEASURED
ALONG SAID EASTERLY LINE FROM THE INTERSECTION OF SAID EASTERLY LINE WITH THE
44386 \1060366,20 A-1 428 4
NORTHERLY LINE OF LOT 4 OF TRACT NO 1314, AS PER MAP RECORDED IN BOOK 20, PAGE 161 OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE ABOVE
MENTIONED NORTHWESTERLY LINE SOUTH 49 056'05" WEST A DISTANCE OF 1601.41 FEET TO THE
BEGINNING OF A TANGENT CURVE IN SAID NORTHWESTERLY LINE CONCAVE NORTHERLY AND
HAVING A RADIUS OF 458 59 FEET, THENCE WESTERLY ALONG SAID CURVE, A DISTANCE OF
347 79 FEET TO THE NORTHERLY LINE OF THE LAND DESCRIBED IN THE DEED RECORDED IN
BOOK 6706, PAGE 304, OF DEEDS, THENCE ALONG THE NORTHERLY LINE OF SAID LAST
MENTIONED LAND THE FOLLOWING COURSES AND DISTANCES, SOUTH 68 °48'25" EAST 98 98 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF
421 07 FEET, THENCE EASTERLY ALONG SAID CURVE 390 17 FEET, THENCE TANGENT TO SAID
CURVE AT ITS POINT OF ENDING NORTH 58 006'05" EAST 172 86 FEET, THENCE NORTH 49 °56'05"
EAST A DISTANCE OF 1388 71 FEET TO A POINT WHICH BEARS SOUTH 40 003'55" EAST FROM THE
POINT OF BEGINNING, THENCE LEAVING SAID NORTHERLY LINE, NORTH 40 °03'55" WEST 200 FEET
TO THE POINT OF BEGINNING
4 7 ACRE PROPERTY
PARCEL 1, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, OF
PARCEL MAP NO 17911, AS PER MAP FILED IN BOOK 269 PAGES 82 THROUGH 84, INCLUSIVE OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
443861060366v20 A -2 2 8 3
EXHIBIT B
Recording Requested By and
When Recorded Mail To:
Cox, Castle & Nicholson, LLP
2049 Century Park East, Suite 2800
Los Angeles, California 90067
Attn• Ronald I Silverman, Esq
ASSIGNMENT AND ASSUMPTION AGREEMENT
This ASSIGNMENT AND ASSUMPTION AGREEMENT ( "Agreement") is made and
entered into by and between ROSECRANS - SEPULVEDA PARTNERS, LLC, a California
limited liability company ( "Assignor "), and a
( "Assignee ").
RECITALS
A The City of El Segundo ( "City's and Assignor entered into that certain
Development Agreement dated , 2005 (the "Development Agreement"), with
respect to the real property located in the City of El Segundo, State of California more
particularly described in Exhibit "A" attached hereto (the "Project Site' ), and
B. Assignor has obtained from the City certain development approvals and permits
with respect to the development of the Project Site, including without limitation, approval of
for the Project Site (collectively, the "Project Approvals ")
C Assignor intends to sell, and Assignee intends to purchase that portion, of the
Project Site more particularly described in Exhibit `B" attached hereto (the "Transferred
Property")
D. In connection with such purchase and sale, Assignor desires to transfer all of the
Assignor's right, title, and interest in and to the Development Agreement and the Project
Approvals with respect to the Transferred Property Assignee desires to accept such assignment
from Assignor and assume the obligations of Assignor under the Development Agreement and
the Project Approvals with respect to the Transferred Property
THEREFORE, the parties agree as follows:
I Assignment. Assignor hereby assigns and transfers to Assignee all of Assignor's
right, title, and interest to and to the Development Agreement and the Project Approvals with
respect to the Transferred Property. Assignee hereby accepts such assignment from Assignor.
2. Assum ttion. Assignee expressly assumes and agrees to keep, perform, and fulfill
all the terms, conditions, covenants, and obligations required to be kept, performed, and fulfilled
by Assignor under the Development Agreement and the Project Approvals with respect to the
44386 \1060366v20 B -1
Transferred Property, including but not limited to those obligations specifically allocated to the
Transferred Parcel as set forth on Exhibit "C" attached hereto.
3 Effective Date. The execution by City of the attached receipt for this Agreement
shall be considered as conclusive proof of delivery of this Agreement and of the assignment and
assumption contained herein. This Agreement shall be effective upon its recordation in the
Official Records of Los Angeles County, California, provided that Assignee has closed the
purchase and sale transaction and acquired legal title to the Transferred Property.
4. Remainder of Project. Any and all rights or obligations pertaining to such portion
of the Project Site other than the Transferred Property are expressly excluded from the
assignment and assumption provided in Sections 1 and 2 above
IN WITNESS WHEREOF, the parties hereto have executed taus Agreement as of the
dates set forth next to their signatures below.
"ASSIGNOR"
ROSECRANS - SEPULVEDA PARTNERS, LLC, a
California limited liability company
Date- By:
Its.
By:
Its:
"ASSIGNEE"
a
Date. By:
Its•
4.81
44366 \1060366v20 B -2
RECEIPT BY CITY
The attached ASSIGNMENT AND ASSUMPTION AGREEMENT is received by the
City of El Segundo on this _ day of ,
STATE OF CALIFORNIA
) SS
COUNTY OF
CITY OF EL SEGUNDO
0
Planning and Building Safety Director or
Designee
On , 2005, before me, , a Notary
Public, personally appeared , personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that he /she executed the same in h> /her authorized
capacity, and that by lusher signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA )
) SS.
COUNTY OF )
(Seal)
On , 2005, before me, , a Notary
Public, personally appeared , personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that he /she executed the same to his/her authorized
capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal
Signature
(Seal)
44386 \1060366v20 B -3 288
EXHIBIT C
LIST OF TENANTS ALLOWED WITH LESS THAN
THE MINIMUM 1,500 SQUARE -FOOT TENANT SPACE
Type 1
Company
Accessories
Kate Spade Collection
Accessories
Furla
Apparel/Family Apparel/Family
Speedo Authentic Fitness
Appa reI /Famil
Beyond the Beach
AppareltFamily
Cashmere House
Apparel/Family Apparel/Family
Lacoste
ApparelANomen
Geor iou Retail Stores
Apparel/Women
Maternity Works
Appliances/Electronics
Casio
Appliances/Electronics
Bang & Olufsen
Arts /Crafts
Color Me Mine
Bakery
Mrs Beasle 's
Bakery
Cinnabon
Bakery
Mrs Field's Cookies
Beauty Supply
L'Occitane
Beauty Supply
Aveda
Beauty Supply
Aida Grey
Books
Upstart Crow Books & caf6
Candy/Nuts
Ethel M Chocolates
Candy/Nuts
Rocky Mountain Chocolate Factory
Candy/Nuts
See's Candies Inc
Candy/Nuts
Godlva Chocolatier
Cards/Stationery
Montblanc
Cards/Stationery
Papyrus
Cards/Stationery
Card Fever
Coffee/Juices
Gloria Jean's Gourmet Coffees
Coffee /Juices
Tull 's Coffee
Coffee /Juices
Robeks Juice
Coffee /Juices
Kell 's Coffee & Fud a Tactory
Coffee /Juices
Market City Caffe
Coffee /Juices
Torrefazione Italia
Coffee /Juices
Jamba Juice
Coffee /Juices
Seattle's Best Coffee
Coffee /Juices
Urth Caffe
Coffee /Juices
Coffee Bean & Tea Leaf
Coffee /Juices
Peet's Coffee & Tea
Coffee /Juices
Diedrich Coffee
Coffee /Juices
Starbucks Coffee
Computers
Apple Computer
Computers
Ex etec Biz
Computers
EB Games - Electronics Boutique
Eye Care
Sterling Optical
Eye Care
Sun lass Hut International
Eye Care
Oakley Inc
Health Food
GNC Nutrition Centers
Ice Cream/Yogurt
Haa en -Daz
Ice Cream/Yogurt
Ben & Jerry's Ice Cream
44386 \1060366v20 C-1 t. 8 0
Type
Company
Ice CreamNo urt
Gelato Classico
Ice Cream/Yogurt
Cold Stone Creamery
Jewelry
Landau Jewelers
Jewelry
Watch World International
Jewelry
Murata Pearl Company of California
Jewelry
Swatch
Jewelry
Kay Jewelers
Jewelry
Crescent Jewelers
Jewelry
Zales Jewelers
Jewelry
Helzberq Diamonds, Inc
Luggage
LeS ortsac
Music/Video
Hear Music
Office Furniture
Dansk Desi n
Photo
Bel Air Camera Inc
Photo
Ritz Camera
Postal Service
Mad Boxes Etc
Postal Service
UPS Store
Postal Service
DHL Worldwide Express
Shoes
Johnston & Murphy
Shoes
Adidas
Shoes
Nine West
Shoes
Tod's Shoes
Shoes
Bostonian Shoes
Shoes
Naturalizer Retail
Shoes
Easy Spirit Shoe
Shoes
Enzo An iokro
Shoes
Aerosoles
Sporting Goods
Hank Lloyd's Orange County Tennis
Sporting Goods
Two Wheels One Planet
Sporting Goods
No Fear
Sporting Goods
Surefoot
Sporting Goods
Jack's Surf Sho
Sporting Goods
O'Neill Surf Shop
Telephone Store
Star Cellular
Telephone Store
Mobile Systems Wireless
Telephone Store
Air Call Wireless
Telephone Store
Cm ular Wireless
TOYS
Puzzle Zoo
44366 \1060366v20 C -2 2 C
F*:1 r I .3 IN-0
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF EL SEGUNDO AND
ROSECRANS - SEPULVEDA PARTNERS, LLC
(AREA A)
DEFINITIONS
Section
Agreement ................. ....... .. ....Introduction
Approved Plans .. . .......... .. .......... . .... ..5.4.3
AreaA ................... ... . .... .. ............................... .. . 1.2
Building Pad .......... ....... ........ ... ...... 4.2 2
Certificate of Performance ...... .... .......... ................. ..... 14 3
City.. ......Introduction
City Planning and Building Safety Director .. ... .... . ........... 54.1
City Council ................. .......... 112
Developer . .............. Introduction
Development Standards . .......... .... ....... 42
Effective Date ..... . ...... . ... . ... 18
EIR .. .......... ...... ... 1.4
Enabling Ordinance ... ........ ........... ........ ...... ...... ........ ... 1 12
Excusable Delay ...... ..... .. ........ ...... .... ............ 10
Fast Food Restaurant ... ... .... .... 4.1 3
Food To Go Restaurant..... ... 4.1.1
Full Service Restaurant. ................... ......... ........ .. .... .4.1.5
Future Approvals 5.2
General Plan .... .. . 1 9
Good Faith Compliance. ...... ...... 92
Honeywell ... .... ........... ... Introduction
Minor Modifications ........ .. .... .. ....... . . 1. . 5 4 1
Mortgagee . . ....... .................... ...... ..... .. ... 12
Notice of Violation ....... ........ ........... ..... ........... 11.1
Other C -4 Property ....... ...... ... . 14
Party /Parties Introduction
Periodic Review .. . ....... .... ........... ...... . 9.1
Project 13
Project Approvals ... . ........ ........ . .... ...... 14
Project Site . .. ........... .... .......... ...... . ...... ...Exhibit B, Recital A
Property..... ...... ... ...... . .. . 1 2
SubsequentRules.. ...... ......... .......... ........... ...... .......... ... ................ 5.3
Transferred Property .......... ......... ....Exhibit B, Recital C
Whole Foods Period ....... ...... ....4 1.2
291
44366 \1060366v20 D -1
CITY COUNCIL RESOLUTION No. 4416 Exhibit "F"
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
The following conditions shall be binding upon Mar Ventures, Inc , the property owner(s) and
their successors in interest, including without limitation occupants of the property The following
conditions for the City of El Segundo's approval of Environmental Assessment No 631,
No 03 -2 & 03 -3. Zone Text Amendment No 04 -1, and Subdivision No 03 -7 ( "Project
Conditions ") shall be fully complied with as set forth below
All mitigation measures in the Environmental Impact Report which are reflected in the
Mitigation Monitoring and Reporting Program for the proposed Sepulveda /Rosecrans Site
Rezoning Reduced Traffic Generation Alternative and Plaza El Segundo Development
Reduced Traffic Generation Alternative are incorporated by this reference into these
conditions of approval
DEFINITIONS
2 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 these conditions
A "P B S Director" means the City of El Segundo Director of Planning and Budding Safety,
or designee
6 "EIR" means the Final Environmental Impact Report for the proposed
Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo development project (SCH
No 2003121037), El Segundo, California
C "ESMC" means the El Segundo Municipal Code
D "Project Area" refers to each of the 20 developable lots on the Plaza El Segundo
development Project Site as shown on Vesting Tentative Tract Map No 061630 which
comprise the Project Site
E "Project Site" refers to the 43 3 -acre site generally located south of Hughes Way, east of
Sepulveda Boulevard, west of Douglas Street, and north of Rosecrans Avenue
F "Sepulveda /Rosecrans Rezoning Site" refers to the approximately 110 acres generally
located south of Hughes Way, east of Sepulveda Boulevard, west of Douglas Street, and
north of Rosecrans Avenue which is the subject of a General Plan and Zoning Code
Amendment that is being considered concurrently with the land use entitlements for the
Project Area and the Project Site
G Except as otherwise specified in these Conditions of Approval, conditions must be
satisfied before the issuance of a Budding Permit for each building within the Project
Area
2J�
311105
CITY COUNCIL RESOLUTION No. 4415 Exhibit "F"
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
AESTHETICS
Lighting
Before the issuance of the first Building Permit in the Project Area, the applicant must
submit a Lighting Master Plan for the Project Area for the review and approval of the P B S
Director and the Police Chief A Lighting Plan (construction drawings) and Photometric
Study, consistent with the Lighting Master Plan must be reviewed and approved by the
P B S Director and the Police Department before the issuance of each Budding Permit and
must be installed before the issuance of each Certificate of Occupancy in the Project Area
The Lighting Plan and Photometric Study must demonstrate that the proposed project allows
minimum off -site illumination but still complies with Police Department safety requirements
The Lighting Master Plan must include, without limitation
A Specific details for Foot - candle intensity,
B Specific lighting detail for parking areas and structures, pedestrian walkways, and
access ways in and around buildings,
C On -site light fixtures that have been designed to direct the light downward and internal to
the proposed project site to minimize off -site illumination,
D Specific detail regarding the location, type and height of lighting devices,
E Specific detail to illustrate compliance with the ESMC, and,
F Weather and vandal resistant covers on lighting fixtures
4 Before the issuance of each Certificate of Occupancy, the applicant must provide evidence
to the P B S Director and the Police Chief that outdoor lighting design has been installed in
compliance with the approved Lighting Master Plan for the building that is the subject of the
Certificate of Occupancy
Materials and Design
5 Before the issuance of the first Budding Permit in the Project Area, the applicant must
submit Final Working Drawings to the P B S Director for design review The applicant must
provide a Budding Materials Sample Board of the materials, colors, and elevation drawings
to be utilized to the P B S Director for review and approval The design review must include,
without limitation, the following design guidelines
A All colors, textures, and materials on exterior elevation(s) must be coordinated to
achieve a continuity of design,
B Exterior building materials must be compatible with developments in the vicinity,
C At least two primary exterior building materials (including, without limitation, stucco,
stone, rock, and brick) must be used throughout the Plaza El Segundo project,
2900
3/1/05 2
CITY COUNCIL RESOLUTION No. 4415 Exhibit "F"
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
D The buildings must have contrasting accent features Budding materials must be of non -
reflective coatings and glazings,
E The plans must demonstrate substantial compliance with plans and conditions approved
and on file with the Planning and Building Safety Department Any subsequent
modification to the project as approved must be referred to the P B S Director for a
determination regarding the need for Planning Commission review of the proposed
modification in accordance with the provisions of the Development Agreement,
F All buildings must be in accordance with the Project Site's Conditions, Covenants and
Restrictions (CC &R's),
G All buildings must utilize energy efficient floor plans and controlled HVAC and heat
generating equipment to reduce energy use for cooling and ventilation,
H All roof - mounted mechanical equipment and communications devices must be hidden
behind building parapets or screens to screen these devices from off -site ground level
view,
Ground level mechanical equipment, refuse collectors, storage tanks, monitoring wells,
generators, and other similar facilities must be screened from view with dense
landscaping and walls of materials and finishes compatible with adjacent buildings,
J Service, storage, maintenance, utilities, loading, and refuse collection and other similar
areas must be located out of the view of public roadways and buildings and screened by
dense landscaping and solid walls, unless the PBS Director determines such is not
practicable No chain link fences may be used for such screening,
K Walls along the north property boundary of the Project Site and walls used to screen
service and storage areas must be of the same materials, colors, and finishes as
adjacent buildings or compatible finishes and colors,
A six -foot high solid wall must be constructed along the southern property line of Lot 15
of Vesting Tentative Tract Map No 061630 for at least a length of 200 feet from the
eastern edge of the Sepulveda Boulevard right -of -way and along the northern property
line of Lot 19 of Vesting Tentative Tract Map No 061630 for at least a length of 200 feet
from the eastern edge of the Sepulveda Boulevard right -of -way A six -foot high wall or a
fence constructed of vinyl chain link or other material must be constructed along the
remaining property lines of the Project Area abutting the Union Pacific Railroad right -of-
way with screening of the right -of -way with the use of landscaping, including, without
limitation, vines, hedges and /or trees to the satisfaction of the P B S Director,
M Chain -link fences are not permitted, except as described above, and as temporary
construction fencing,
N Building design will meet the City's standards for the attenuation of interior noise,
O All service areas must be located so that service vehicles have clear and convenient
access and do not disrupt vehicular and pedestrian circulation,
294
311105
CITY COUNCIL RESOLUTION No. 4415 Exhibit "F"
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
P No loading will be permitted directly from public streets, except in designated areas as
approved by City P,B S Director,
Q All on -site utility systems including without limitation, water, electricity, gas, sewer and
storm drains, must be installed underground,
R No Certificate of Occupancy may be issued unless there is substantial compliance with
the aforementioned development standards and,
S The Project Area site plan must be revised to provide sidewalks or other designated
pathways following direct and safe routes from the Park Place right -of -way to buildings H
through A -7, from the Park Place right -of -way to Pad D, and from the Sepulveda
Boulevard right -of -way to Building No 2, and any other building that may developed that
is set back more than 200 feet from a public right -of -way, subject to the review and
approval of the P B S Director
Landscaping and Irrigation
6 Before the issuance of the first Building Permit in the Project Area, the applicant must
submit a Master Landscape and Irrigation Plan for the Project Area, The Master Landscape
and Irrigation Plan must be reviewed and approved by the City P B S Director, the Director
of Recreation and Parks, and the Police Chief Landscaping for each building in the Protect
Area must be installed in accordance with the approved Master Landscape and Irrigation
Plan before the issuance of each Certificate of Occupancy The Master Landscape and
Irrigation Plan must include, without limitation, the following
A All landscaped areas must be provided with a permanent automatic watering or irrigation
system,
B All on -site landscaped areas must be maintained by the owner in a neat and clean
manner at all times,
C All landscaped areas must be designed to ensure efficient access to fire hydrants,
D Dual plumbing must be installed for reclaimed water irrigation,
E All landscaped areas must be irrigated with reclaimed water to the extent reclaimed
water is available for use in the Project Area Until such time as reclaimed water is made
available, potable water may be utilized for irrigation,
F All landscaping and irrigation must comply with the City's Water Conservation
regulations and Zoning Code requirements,
G All landscaping must be designed to enhance site security in accordance with Police
Department policies,
H All public rights -of -way abutting the site must be landscaped,
I Landscaping that includes trees, vines, and or hedges must be incorporated along
property line walls and fences for screening purposes
295
3/1/05 4
CITY COUNCIL RESOLUTION No. 4415 Exhibit "F"
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
J All landscaped areas must include a majority of mature landscaping, including trees that
are a minimum 24 -inch box size, and,
K Landscaping must be installed along property perimeters and evenly distributed
throughout the employee /customer parking areas
Before the issuance of the first Building Permit in the Project Area, the applicant must
provide a Landscape Plan and Architectural Plan (i a construction drawings), consistent
with the Master Landscaping Plan, to the P B S Director, Director of Recreation and Parks,
and the Police Chief for review and approval. The Landscape Plan and Architectural Plan
must demonstrate that errant nighttime illumination is generally screened from other
potentially sensitive uses, through building design and landscape treatments
8 Where feasible (as determined by the P B S Director), the applicant must comply with the
City's Water Conservation Program as set forth in the ESMC and the City's Guidelines for
Water Conservation in Landscaping Before the issuance of each Building Permit in the
Project Area, the applicant's Landscape Plans must be submitted to the P B S Director for
review and approval
Sim
Before the issuance of the first Building Permit in the Project Area, the applicant must
submit to the P B S Director for review and approval an overall Master Sign Program for the
Project Area Before the issuance of a Certificate of Occupancy for each building within the
Project Area, the applicant must submit construction sign plans substantially consistent with
the approved Master Sign Program for the review and approval of the P B S Director
Before the issuance of a Certificate of Occupancy, signs must be installed in accordance
with the approved Master Sign Program The overall Master Sign Program must include,
without limitation
A Compliance with the ESMC,
B Not withstanding any other provisions in the ESMC, a maximum of three freestanding or
pole signs with a maximum height of 35 feet each are permitted along the Sepulveda
Boulevard street frontage of the Project Area,
C Not withstanding any other provisions in the ESMC, a maximum of two freestanding or
pole signs with a maximum height of 25 feet are permitted along the Park Place street
frontages of the Project Area,
D Not withstanding any other provisions in the ESMC, a maximum of two freestanding or
pole signs with a maximum height of 25 feet are permitted along the Allied Way street
frontages of the Project Area,
E Not withstanding any other provisions in the ESMC, no freestanding or pole signs,
except as described in Condition No 10 below, are permitted along the Rosecrans
Avenue frontage of the Project Area,
F All signs must be architecturally compatible with the proposed buildings,
J Yi
311105
CITY COUNCIL RESOLUTION No. 4415 Exhibit "F"
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
G All signs must be compatible with the aesthetic objectives of the General Plan, and,
H No sign must impede traffic or pedestrian safety
10 Before the issuance of a Certificate of Occupancy for the first building in the Project Area,
the applicant must construct and maintain a monument sign at the northeast corner of
Sepulveda Boulevard and Rosecrans Avenue announcing the entrance to the City The sign
is subject to review and approval by the City Council The sign should be compatible with
the design of the Master Sign Program for the Plaza El Segundo development project
AIR QUALITY
11 During grading and construction, dust control measures must be required in accordance
with the City's Dust Control Ordinance (Chapter 7 -3 of the ESMC) Grading must be
discontinued during first -stage smog alerts and suspended when wind velocity exceeds 15
miles per hour All hauling trucks must have loads covered or wetted and loaded below the
sideboards to minimize dust
12 The South Coast Air Quality Management District (SCAQMD) has promulgated rules and
applicable standards including, without limitation, the following Rule 402 - Nuisances, Rule
403 - Fugitive Dust, and Rule 2202 - On -Road Motor Vehicle Mitigation Options The
applicant must use best management practices in compliance with Rule 402 during the
operation of construction equipment Construction activities must be limited between the
hours of 7 AM to 6 P M , Monday through Saturday, unless such hours are extended
pursuant to a Noise Permit issued by the P B S Director During the construction phase, all
unpaved construction areas must be wetted at least twice daily during excavation, grading,
and construction and temporary covers for stockpiles must be used to reduce dust
emissions by as much as 50 percent The applicant must ensure that all materials
transported off -site will be either sufficiently watered or securely covered in compliance with
Rule 403 Resultant peak daily exhaust emissions from diesel- and gasoline- powered
construction equipment must be monitored to control emission levels that exceed SCAQMD
screening thresholds During construction, trucks and vehicles in loading or unloading
queues must keep their engines off, when not in use, to reduce vehicle emissions.
Construction activities must be phased and scheduled to avoid emission peaks, and
construction must be discontinued during first- and second -stage smog alerts On -site
vehicle speed during construction must be limited to 15 mph Before issuance of a Grading
Permit for each Project Area, the applicant must provide a Construction Management Plan
to the P B S Director for review and approval relative to compliance with the appropriate
SCAQMD standards during the construction phase Daily records of construction hours and
activities must be maintained by the applicant throughout the construction phase
ENERGY
13 Before the issuance of a Budding Permit in the Project Area, the applicant must provide an
Energy Conservation Plan to the P B S Director for review and approval The Energy
Conservation Plan must incorporate energy conservation features in accordance with the
requirements of the City and State Before the issuance of each Certification of Occupancy,
the applicant must provide evidence to the P B S Director that the approved energy
conservation features have been installed and will be maintained
2 97
311105
CITY COUNCIL RESOLUTION No. 4415 Exhibit "F"
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
14 If a substation will be constructed, the Applicant must develop plans, projected loads, and a
master plan for scheduling to the satisfaction of Southern California Edison,
FIRE
15 Before the issuance of a Budding Permit in the Project Area, the applicant must provide Fire
Life Safety Plans to the P B S Director and the Fire Chief for review and approval, which
include, without limitation, the following
A Fire lanes,
B Fire lane signing,
C Fire lane access easements or other recorded documents to the reasonable satisfaction
of the City Attorney,
D Fire lane accessibility,
E Gas detection systems,
Minimum acceptable flow from any fire hydrant must be 2,500 gallon per minute,
calculated at 20 psi,
G Sprinklers within structures,
H Underground looped fire mains, sprinklers, fire pumps, and fire alarms,
I Emergency generators,
Any above ground or underground storage tanks including elevator sumps and
condensation tanks,
K Documentation that the on -site fire mains will be maintained; and,
L Before the issuance of each Certificate of Occupancy, the applicant must demonstrate to
the Fire Department that the development complies with the Fire Life Safety Plan, and
that any required easements were properly dedicated and recorded
16 Before the issuance of a Building Permit in the Project Area, the applicant must develop and
submit an Evacuation Plan and Procedures for review and approval by the Fire Department
Before the issuance of each Certificate of Occupancy, the applicant must provide evidence
to the P B S Director, and the Fire Department that the approved Evacuation Plan and
procedures were implemented or are operational as appropriate
17 Before the issuance of a Grading or Building Permits in the Project Area, the applicant must
provide a Construction Safety Plan to the P B S Director and Fire Department for review
and approval The Construction Safety Plan must document construction and staff training
procedures to ensure that best management practices during project grading and
construction will be utilized The Construction Safety Plan must identify an awareness
208
311105
CITY COUNCIL RESOLUTION No. 4415 Exhibit "F"
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
program for the subgrade installation of utilities and the potential for worker exposure to
related emissions, especially during excavation Compliance with this measure must be
verified by the P B S Director before permit issuance
18 Before the issuance of each Building Permit in the Project Area, all hydrants determined
necessary by the Fire Department and the P B S Director must be installed in accordance
with approved plans and specifications Fire hydrants must be spaced no greater than 300
feet apart One private hydrant must be provided for each structure and each structure must
be sprinklered in accordance with the California Building Code (CBC) and the National Fire
Code (NFC)
19 Before the issuance of a Certificate of Occupancy for each budding, the applicant must pay
a Fire Service Mitigation Fee based upon the applicable Fire Service Mitigation Fee in effect
at the time of issuance of a Certificate of Occupancy Currently, the fee is $0 14 per gross
square foot of floor area, but the fee is subject to change Compliance with this measure
must be verified by the P B S Director before issuance of a Certificate of Occupancy for
each building
GEOTECHNICAL (GRADING, TOPOGRAPHY, SOILS AND DRAINAGE)
20 Before the issuance of a Grading Permit for the Project Area or a portion thereof, the
applicant must prepare and submit a Grading Plan for review and approval by the P B S
Director and the Director of Public Works The Grading Plan must include, without limitation
A, The Grading Plan must demonstrate compliance with applicable provisions of the ESMC
and City policies and requirements,
B The Grading Plan must show cross sections for any grading purpose and the location of
and extent of existing and planned sewer easements and facilities,
C Grading depths must not encroach upon or damage the existing sewer lines on the
property,
D Haul routes for import/export trucks and other heavy construction related vehicles must
be approved by the Director of Public Works,
E No haul routes may travel through the City of Manhattan Beach during A M or P M
peak hours,
F All grading must be accomplished in accordance with the recommendations of a
independent Geotechnical and Geological Report to be submitted by the applicant and
reviewed and approved by the City,
G The Grading Plan must detail where special restrictions apply due to soil contamination,
if applicable,
H Additional information, as required through the plan check process, must be included as
appropriate,
299
3(1(05 9
CITY COUNCIL RESOLUTION No. 4415 Exhibit "F"
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
I Final grading activities must be coordinated with the City Engineer at the time the
Grading Permit is issued, and,
Compliance with the above measures must be verified by the P B S Director before
issuance of each Certificate of Occupancy
HAZARDS
21 Before the issuance of a Grading Permit for the Project Area or a portion thereof, the
applicant must submit documentation from the Los Angeles Regional Water Quality Control
Board ( "LARWQCB ") evidencing approval of completion of the Interim Remediation
Measures and approval of the Final Remedial Action Plan for the Project Area for the area
covered by the Grading Permit
22 The applicant must comply with any permit requirements imposed by the LARWQCB and /or
the Department of Toxic Substances Control ( "DTSC "), or any other applicable regulatory
agency related to development and /or grading on the site
23 Before the issuance of a Grading Permit, the applicant must provide any appropriate
hazardous materials safety training for all City employees needed to implement the project
If required, the training must be related specifically to safety issues that may arise during site
grading and construction due to the soil contamination that may exist in the site All training
must be completed to the reasonable satisfaction of the P B S Director, and the Fire Chief
NOISE
24 During the construction phase of the project, activities will be allowed between the hours of
7 A M to 6 P M , Monday through Saturday, and prohibited at any time on Sundays and
federal holidays, unless such hours are extended pursuant to a Noise Permit issued by the
P B S Director Compliance for the operations phase will meet with the placement,
screening, and maintenance standards for all external mechanical equipment The
proposed project must be designed to ensure that noise generated by the proposed project
operations does not exceed the City's noise standards, as established by the ESMC, for on-
site or off -site receptors A noise monitor must be designated according to the relevant
codes Before issuance of a Grading Permit for each Project Area, the City must designate a
Noise Ordinance Compliance/Verification Monitor Before the issuance of a Building Permit
for each Project Area, the applicant's Final Working Drawings must be submitted to the
P B S Director for review and approval relative to compliance with the City's Noise
Ordinance
POLICE / SAFETY
25 Before the issuance of the first Building Permit, the applicant must submit an overall Security
and Crime Prevention Plan, to the P B S Director and the Police Department for review and
approval, which must address, without limitation, the following
A Lighting,
B Addressing (minimum height of 4" to 24 "),
300
3/1/05
CITY COUNCIL RESOLUTION No. 4415 Exhibit "F"
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
C Telephones,
D Trash dumpsters (including space for recyclable materials),
E Indoor and outdoor security cameras installed at strategic locations, including employee
and other vehicle parking areas,
F Parking lots and structures,
G Fences, walls,
H Security hardware,
I Office,
J On -site security personnel,
K Locker rooms,
L An Evacuation Plan and Procedures,
M The employment of security personnel who will monitor and patrol the proposed Project
Site, including employee and other vehicle parking areas, and coordinate with public
safety officials,
N The installation of lighting in entryways, elevators, lobbies, and parking areas designed
to eliminate potential areas of concealment,
O A diagram of the proposed project, which will include access routes, and any information
that might facilitate emergency response,
P Compliance with all applicable items on Police Department checklist memo dated April
12, 2004, attached as Exhibit F- 1/C -1, with the exception that parking is permitted on the
north side of the Project Area between the main row of buildings and the northern
property line, and,
Q All Security and Crime Prevention Plan measures must be installed in conformance with
the approved plans and must be operational before the issuance of a Certificate of
Occupancy
26 Before issuance of the first building permits, the applicant must submit a photometric light
study to the Police Department for review and approval
27 Before the issuance of a Certificate of Occupancy for each building, the applicant must pay
a Police Service Mitigation Fee based upon the applicable Police Service Mitigation Fee in
effect at the time of issuance of a Certificate of Occupancy Currently, the fee is $0 11 per
gross square foot of floor area, but the fee is subject to change Compliance with this
measure must be verified by the P B S Director before issuance of a Certificate of
Occupancy for each budding
301
311105 10
CITY COUNCIL RESOLUTION No. 4415 Exhibit "F"
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
PROJECT DESCRIPTION
Plans
28 The City of El Segundo requires development project applicants to prepare and submit Final
Working Drawings for review and approval The applicant must provide Final Working
Drawings that comply with Policies and Requirements and these conditions of approval The
Final Working Drawings must indicate proposed uses, budding sizes and heights, and the
specific location of structures, loading docks, staging areas, parking layout, landscaped
areas and recreational amenities The Final Working Drawings must include vehicular,
pedestrian and bicycle access, on- and off -site circulation, and linkage to other key elements
in the site vicinity, including the MTA Green Line The Final Working Drawings must indicate
building materials and architectural design elements that will be utilized in the construction
of the proposed structures The Final Working Drawings must include information on
security lighting and hardware and other detail required for compliance with the City's
security, safety and crime prevention standards The Final Working Drawings must
demonstrate compliance with the California Building Code, California Mechanical Code,
California Plumbing Code, California Fire Code, California Sign Code, and California
Electrical Code, and approved Fire Life Safety Systems In addition, the Final Working
Drawings must clearly indicate the location of all entrances and exits, including emergency
vehicle access All parcel buildings and structures must be located in proximity to the
proposed parcel lines such that they meet all requirements for exterior wall and opening
protection Additional information, as required through the plan check process, must be
included as appropriate Before the issuance of a Budding Permit for the Project Area, the
applicant must coordinate with all applicable City and applicable County agencies to prepare
and submit Final Working Drawings to be approved by the P B S Director, the Department
of Public Works, the Fire Department and the Police Department Before the issuance of a
Certificate of Occupancy for each building, the applicant must provide evidence to the
P B S Director, the Department of Public Works, the Police Department, and the Fire
Department that Code and policy requirement conditions have been met
29 The Plaza El Segundo development project is allowed to develop up to a maximum of
425,000 square feet consisting of a combination of uses as permitted by the Plaza El
Segundo Reduced Traffic Generation Alternative described in the Final EIR, the C -4 Zone
and as limited by the Development Agreement as long as the total AM, PM peak, daily, and
Saturday midday peak trip generation established in the EIR for the project as a whole is not
exceeded
30 The maximum project size may be reduced as determined by the vehicle trip generation for
each use The SepulvedalRosecrans Site Rezoning and Plaza El Segundo development
project permit the following vehicle trips
MAXIMUM PERMITTED TRIPS
AM
PM
Daily
Saturday
Midday
Sepulveda /Rosecrans Site
1,033
2,346
25,859
3,379
Rezoning
Plaza El Segundo Development
779
1,477
16,645
2,205
Project
302
311105 11
CITY COUNCIL RESOLUTION No. 4415 Exhibit "F"
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
The trip generation for each use and building must be determined using the rates identified
below, adjusted for internal capture and pass by discount rate consistent with the traffic
study for EA No 631
Shopping Center (per 1,000 sf ) — LU 820
Daily Ln(T) = 0 65 Ln(A) + 5 83
AM Peak Hour Ln(T) = 0 60 Ln(A) + 2 29, I/B =61 %, O/B =39%
PM Peak Hour Ln(T) = 0 66 Ln(A) + 3 40, I/B =48 %, O/B =52%
Saturday Ln(T) = 0 65 Ln(A) + 3 77, I/B =52 %, O/B =48%
Grocery Store (per 1,000 so — LU 850
Daily T = 66 95(A) + 1391 56
AM Peak Hour Ln(T) = 1 70 Ln(A) — 142, I/B =61 %, O/B =39%
PM Peak Hour Ln(T) = 0 79 Ln(A) + 3 20, I/B =51 %, O/B =49%
Saturday Ln(T) = 0 74 Ln(A) + 3 47, 1113=51 1, O/B =49%
Free Standing Discount Store (per 1,000 so — LU 815
Daily T = 56 02(A)
AM Peak Hour T = 0 84 (A), I/B =68 %, O/B =32%
PM Peak Hour T = 5 06 A), I/B =50 %, O/B =50%
Saturday T = 7 58 (A), I/B =51 %, O/B =49%
Electronics Superstore (per 1,000 so — LU 863
Daily T = 45 04 (A)
AM Peak Hour T = 3 46 (A), I/13=53 %, O/B =47%
PM Peak Hour T = 4 50 (A), I/13=49 %, O/B =51 %
Saturday N/A *
Health Club (per 1,000 so — LU 493
Daily T = 43 0 (A)
AM Peak Hour* T = 3 06 (A), I/13=58 %, 0/13=42%
PM Peak Hour T = 5 76 (A), I/B =63 %, O/B =37%
Saturday [N /A]*
Fast -food Restaurant with Drive- Through Window (per 1,000
so — LU 934
Daily T = 496 12 (A)
AM Peak Hour T = 53 11 (A), I/B =51 %, O/B =49%
PM Peak Hour T = 34 64 (A), I/6 =52 %, 0/13=48%
Saturday T = 59 20 (A), I/B =51 %, O/B =49%
High- Turnover (Sit -Down) Restaurant (per 1,000 so — LU 932
Dally T = 127 15 (A)
AM Peak Hour T = 11 52 (A), I/13=52 %, 0/13=48%
PM Peak Hour T = 10 92 (A), I/13=61 %, O/B =39%
Saturday T = 20 00 (A), I/B =63 %, 016 =37%
T = trip ends A = building area in 1,000's of square feet
I/B = inbound percentages LU = ITE land use code
O/B = outbound percentages
Sources
Trip Generation, 7th Edition, Institute of Transportation
Engineers, 2003
* Saturday information unavailable — PM Peak hour utilized
30 3
3/1/05 12
CITY COUNCIL RESOLUTION No. 4415 Exhibit "F"
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
31 The City of El Segundo requires development project applicants to prepare and submit a
Construction Management Plan for each Project Area for review and approval by the P B S
Director and Director of Public Works The Construction Management Plan must consider all
stages of construction, including grading, dirt hauling, employee travel, materials delivery,
etc The Construction Management Plan is also required for review and approval by the
P B S Director and Department of Public Works for the installation of any utilities, including
telecommunication utilities, in the public right -of -way Such a plan must include, without
limitation, traffic control measures for any lane closures The Construction Management
Plan must identify the types and approximate number of construction vehicles to be utilized
and must provide haul routes, staging area information and needed road or lane closures
The plan must include, but not be limited to construction hours, construction trader locations,
construction and staging areas, construction crew parking, parking /access plan (including
truck haul routes), construction methods and schedules No haul routes are permitted
through the City of Manhattan Beach during A M and P M peak hours All staging areas
must be on -site During construction, the areas of construction must be enclosed by a six -
foot high chain link fence, except those areas that have additional fencing requirements
Gates of site fencing must be located at driveways and must not open over sidewalk /public
right -of -way During construction, trash must be removed from the Project Site regularly and
promptly At the end of each construction day, all open trenches must be completely closed
or covered, or secured in accordance with Cal OSHA standards All gates and access
points to the construction area must be locked and /or fully secured at the end of
construction each day The applicant must provide a twenty -four hour, every day contact
person /liaison to receive and respond to complaints during construction
32 Before the issuance of a Grading or Budding Permit for the Project Area, the applicant must
provide evidence to the P B S Director that grading or any construction on property or within
easements not owned or controlled by the applicant has been approved by the property
owner or easement holder Separate Grading and /or Budding Permit(s) must be obtained
by the applicant with the easement holder as co- applicant, if needed
33 Before the issuance of a Budding Permit for the Project Area, the applicant must submit
plans and specifications for any new curbs, sidewalks, driveway approaches, wheelchair
ramps, and asphalt concrete (A C ) pavement, that must be constructed /reconstructed in the
public right -of -way for any missing public segments /areas on the perimeter of the Project
Site, as reasonably required by the Director of Public Works Any existing driveways and
other paved areas on the perimeter of the Project Site that will not be incorporated into the
development must be removed and replaced with standard curb and sidewalk Before
issuance of a Certificate of Occupancy for the building that is the subject of the Building
Permit, the applicant must install the required public improvements per the approved plans
to the reasonable satisfaction of the Director of Public Works
DEDICATIONS AND FEES
34 The applicant must dedicate approximately 3 47 -acres of the 'Project Site" to the City for the
construction of the extensions of Park Place and Allied Way, as required in Development
Agreement No 04 -1 and as depicted on Vesting Tentative Map 061630 Such dedication
shall occur through and upon recordation of the Final Map
3i1/05 13 304
CITY COUNCIL RESOLUTION No. 4415 Exhibit "F"
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
35 The applicant must dedicate approximately 0 50 -acres of the "Project Site" to the city for
roadway widening along the east side of Sepulveda Boulevard, as required in Development
Agreement No 04 -1 and as depicted on Vesting Tentative Map 061630 Such dedication
shall occur through and upon recordation of the Final Map
36 Before the issuance of a Certificate of Occupancy Permit for each building, the applicant
must pay a Library Service Mitigation Fee based on the applicable Library Service Mitigation
Fee in effect at the time of issuance of a Certificate of Occupancy Currently, the fee is
$0 03 per gross square foot of floor area, but the fee is subject to change Compliance with
this measure must be verified by the P B S Director before issuance of each Certificate of
Occupancy for each building
37 The applicant may modify the location of the parcel boundaries as approved on Vesting
Tentative Tract Map No 061630, consistent with the development standards in the C -4
Zone to accommodate the size and location of the individual buildings, before recordation of
Final Tract Map No 061630, provided a maximum of 20 parcels are created
38 Before the recording of the Final Map, the applicant must record a lot tie covenant if any
buildings are to be constructed across existing lot lines or if any budding location does not
meet the development standards of the Commercial Center (C -4) Zone due to the location
of the existing lot lines No Certificates of Occupancy shall be granted for any use or
structure until the recording of the Final Map Accordingly, construction that proceeds
before the recording of the Final Map is done at the Developer's risk that a Certificate of
Occupancy will not be issued
39 After the recording of the Final Map, the applicant must submit a Lot Line Adjustment
application, if necessary, to realign any parcels to match the proposed locations of the
buildings to maintain conformity with the development standards in the ESMC
40 The applicant must maintain all existing easements on the site if the easement is still
required by its grantee
41 The applicant must provide reciprocal access agreements, subject to review and approval
by the City Attorney, between any parcels that do not have independent direct vehicle
access to a public right -of -way Such agreements must be recorded before issuance of any
Certificate of Occupancy for a building on an affected parcel
42 Before the issuance of a Rough Grading Permit for the Project Area, the applicant must
provide funds in trust to the P B S Director to cover the reasonable costs, including City
consultants' and legal costs and fees, of the monitoring of the conditions of approval and
adopted mitigation measures associated with rough grading Before the issuance of a Final
Grading Permit, the applicant must provide funds in trust to the P B S Director to cover the
first year costs, including City consultants' and legal costs and fees, of the monitoring of the
conditions of approval and adopted mitigation measures, not associated with rough grading
Costs may include, without limitation, costs for traffic reviews, stormwater review, biological
resource monitoring, sod remediation review, and review of easements, dedications and
other agreements Costs that would be associated with rough grading do not include costs
for traffic reviews and review of easements and dedications Annually thereafter, the
applicant must replenish funds as deemed necessary by the P B S Director to cover the
3015
3/1/05 14
CITY COUNCIL RESOLUTION No. 4415
CITY COUNCIL Exhibit "F°
ORDINANCE No. 1382 Exhibit SIC',
reasonable CONDITIONS OF APPROVAL
discretion, masts, rncludin
Y hire a g City consultants' costs for
43 Before the issuance of onsultant to coordinate each
and monitor com r The P g S, Director at his
the case ma a Grading Pliance
Mitigation be, the applicant 9 Permit, Building Permit,
gallon measures have b must provide evidence to the r 6 S ificate
monitoring plan Compliance with r will be f Occupancy, as
plem Director that all ado
measure Pursuant to the projects mitigation
must be verified by the P B S Director
CONSTRUCTION REQUIREAgENTS
44 All work within the Cit
the Standards Speci rcationis fgr t -of way must be in accordance
Standard Specifications for
obtainrn No work Works Construction and city the latest edition of
g a Public Works EncroO m must be performed in the
nt Permit Aubhc right-of-way Of EI Segundo
45 Before the issuan ght-0f "waY without first
Provide evidence to Of a Grading per reasonable satf Building Permit for the Pro Project
Celt ains,f from agencies have been Obtained of the P j Area, the applicant
Systems (N P D E S ter Quality Control Board S d includingBwit out jrm�tat on a must
Count ) Permit, South Co National p LARP QCB
y Department Of Public Works ast Air Pollution WQCB,
Quahty Management District, Elimination
46 Following the receipt of all requisite and Los
the date that construction will co Angeles
omm permits, the applicant pplicant must notify the p B S
47 At such time deemed necessary irector of
site inspection office trailer for rY by the P g
the use Of S Director ethe applicant must provide an on-
STORIV►yyATER City inspection personnel
(GROUND HYDROLOGY q
48 The Los Angeles Regional AND GROUND H/
standards Angeles Water WATER QUALITY)
to underground g without [imitation Quality Control Board has
and above ground Obtaining an NppES permit rules and
(Section will ensure compliance storage tanks The ermit and regulations related
The applicant the Clean with the applicable sections Of tapplicant's cOm
Pplicant must e Water Act, and the p Pliance with
solvents or other nsure that any on -site tanks Porter -Colo alif°rnia Water
Placed, constructed and ms, which are located use in the storater of fuels,
Code
aintained in either above 9e of fuels Control Act.
49 The applicant with the requirements or underground, must oil,
development must adhere quirements of the 1.ARWQCBe
Plan pment of the site The to any relevant re
(SWPPP) which will de applicant must requirements of the
with LARWQCB re monstrate best Prepare a Storm ARWQCB r
issuance require a manse ct Water Pollution Prevention
to the ce Of Grading permit for and the California management practices relevant
Propose j General the applicant P mil B mpliance
to Compliance LAR QCB the P B S_ pirector Posed Project er
to with the provisions and Fire De must e a Before
Building Permit for each and require Aartment for revre Provide pp
notifications and /or project qr ments of the LARW w and approval relative
copy to the City registrations for ea' the applicant QCB Before issu
tY of the Notice of intent re the
storage must apply for the prop is a
required by the gLARWCQB he applicant mu t Provide to
3/1/05
15
n
CITY COUNCIL RESOLUTION No. 4415 Exhibit "F"
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
50 Before the issuance of a final Grading Permit and /or Building Permit for each budding in the
Project Area, the applicant must provide a drainage plan for that portion of the Project Area
affected that eliminates pollutants to surface runoff as required by NPDES requirements
The drainage plan must be reviewed and approved by the P B S Director and Director of
Public Works Before the issuance of a Certificate of Occupancy for each building, the
applicant must demonstrate that the drainage plan has been implemented and is effective to
the reasonable satisfaction of the P B S Director and Director of Public Works
51 Before the issuance of a Budding Permit for the Project Area, the applicant must provide
evidence to the P B S Director and Director of Public Works that pavement on -site must be
adequately applied to prevent soil erosion Further, paved areas on -site must be regularly
maintained (i e , all cracks repaired and debris removed on a regular basis) to prevent soil
erosion The applicant must install improvements pursuant to the approved plans before
final sign -off of the Permit Before the issuance of a Grading or Building Permit for each
building in the Project Area, the applicant must provide evidence to the P B S Director and
Director of Public Works that on -site drainage must be directed to existing storm drains The
applicant must install said improvements per the approved plans before final sign -off of the
Permit
52 Before the issuance of any Grading or Building Permit for the Project Area, the applicant
must prepare a Standard Urban Stormwater Mitigation Plan (SUSMP) and provide evidence
to the P B S Director and Director of Public Works that the project area that is the subject of
the Grading or Building Permit complies with City of El Segundo Urban Runoff Pollution
Prevention Controls (Title 5 - Health and Sanitation, Chapter 7 - Standards Urban
Stormwater Mitigation Plan Implementation of the El Segundo Municipal Code) The
applicant must install said improvements per the approved plans before final sign -off of the
Permit
53 Before the issuance of a Grading or Building Permit for each building in the Project Area, the
applicant must provide evidence to the P B S Director and Director of Public Works that
A Collection basins to reduce silts in storm water before runoff drainage to the Los Angeles
Flood Control System have been adequately incorporated into the project design,
B On -site catch basins have been designed and constructed to screen out larger matter to
prevent flooding of the project site resulting from debris caught in the drainage canal,
C Drainage channels within parking lot and paved areas have been be designed and
constructed to direct storm water and /or irrigation run -off to collection basins provided
on -site,
D On -site drainage and hydrology improvements have been designed in conformance with
applicable standards of the City of El Segundo and the Los Angeles County Department
of Public Works, including policies in the Public Safety Element of the City's General
Plan,
E The project is in compliance with applicable permit requirements of the Los Angeles
County Department of Public Works or Los Angeles County Flood Control District,
307
311105 16
CITY COUNCIL RESOLUTION No. 4415 Exhibit "F"
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
F On -site drainage and hydrology improvements have been designed using the necessary
hydraulic /hydrology and structural calculations required for permitting by the Los
Angeles County of Department of Public Works and,
G All on -sde development is consistent with a Hydrology and Drainage Study and the Final
Working Drawings, as approved by the City, and,
H Before the issuance of any subsequent Permit `Final Inspection Approval' for the
proposed project, the applicant must provide evidence to the P B S Director and Public
Works that all the improvements herein have been constructed in compliance with the
appropriate regulations and specifications
TRANSPORTATION/CIRCULATION/PARKING
54 If the Los Angeles Congestion Management Plan (CMP) requires the City to track the
debits /credits associated with development in the City, before the issuance of the first
Building Permit for the Project Site, the applicant must provide Los Angeles County
Congestion Management Plan (CMP) Debit/Credit Calculations, and a Phasing Plan for
CMP related improvements, to the P B S Director and Public Works for review and
approval The calculations must 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 must provide evidence to the P.B S Director that the proposed
project CMP debits /credits related improvements were implemented and balanced on the
Project Site in accordance with the approved phasing plan Compliance with this measure
must be verified by the P B S Director before permit issuance As may be applicable, the
City will give credit for CMP related improvements towards the applicant's traffic mitigation
impact fee, as appropriate
55 Before the issuance of a Building Permit for the Project Area, the applicant must provide a
Pedestrian Access /Circulation Plan to the P B S Director, Recreation and Parks Director,
and Police Chief for review and approval The Plan must identify the location of pedestrian,
bicycle accesses and indicate linkage to other key elements in the site vicinity, and within
the project itself, including parking areas, building entrances, bicycle racks, recreational
elements, etc The Plan must reflect a safe movement pattern, which does not significantly
conflict with vehicular movement and parking access areas Before the issuance of a
Certificate of Occupancy for each Project Area, the applicant must provide evidence to the
P B S Director, Recreation and Parks Director, and Police Chief that the approved
pedestrian and bicycle access features have been installed and will be adequately
maintained per the approved plan
56 Before the issuance of each Building Permit in the Project Area, the applicant must submit a
detailed Traffic, Circulation and Parking Plan, prepared by a licensed traffic engineer, for
review and approval by the Director of Public Works, the P B S Director, the Police Chief,
the Fire Chief, and the City's Traffic Engineer Alternatively, such a plan may be submitted
for a number of buildings at one time if that group of buildings will be completed within a
reasonable time period of each other The Traffic, Circulation and Parking Plan must
include, without limitation, the following
A An analysis of the estimated traffic generation for the building (s),
311105 17
CITY COUNCIL RESOLUTION No. 4415 Exhibit "F"
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
B Sight distances for each structure and parking area associated with the building(s),
C An analysis of the traffic volumes at each driveway or intersection associated with the
building(s) in order to determine if any offsite improvements are warranted (i e ,
deceleration lanes, left -turn pockets, new or modified traffic signals, etc ) that were not
analyzed in the EIR due to the approximation of budding locations in the EIR,
D Any new traffic signals or modifications to existing traffic signals must be subject to the
review and approval of the Los Angeles County Department of Public Works The
applicant must pay the applicable county costs to provide plan check and inspection
services,
E The applicant must dedicate any on -site land required to accommodate any required
intersection and roadway improvements (e g , deceleration lanes) and the new Park
Place and Allied Way roadway extensions through the recording of the Final Map, which
may be after budding permit issuance, but must occur before issuance of a Certificate of
Occupancy for any building in the Project Area,
F All truck circulation,
G Customer /employee parking,
H All access points to the project site, which should be aligned with existing dnveways and
intersections where possible,
Off -site circulation improvements,
J All median modifications, if necessary,
K All dead end aisles eliminated to satisfy City Codes,
L All truck turning radii,
M The location of required loading spaces,
N An analysis that shows the location and the timing of construction of the required parking
for the building or Project Area,
O Pedestrian crossing areas of the public roadways must be called out on the plans and
appropriately designated,
P All parcels and structures must be connected by an accessible route of travel that meets
the requirements of Title 24 of the California Budding Code and,
Q Final site plan approval for each building(s) must be contingent upon fulfillment of the
above traffic design review requirements All Circulation and Parking Plan improvements
which require installation must be installed before the issuance of each Certificate of
Occupancy for the building(s) which are the subject of the Traffic, Circulation and
Parking Plan Compliance with these requirements must be verified by the Director of
30 n
0
3/1/05 18
CITY COUNCIL RESOLUTION No. 4415 Exhibit "F"
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
Public Works, the P B S Director, the Police Chief, the Fire Chief, and the City's Traffic
Engineer before the issuance of a Certificate of Occupancy
57 The applicant must install %o Parking" and other traffic signs on the Park Place and Allied
Way roadway extensions, as required by the Public Works Department
58 The applicant must provide handicap accessible pedestrian walkways, with a minimum five-
foot width Any roadways dedicated to the City as public roadways may have handicap
accessible pedestrian walkways within the public right -of -way instead of locating them on
private property
59 Before the issuance of the first Budding Permit for the Project Area, the applicant must
submit Final Working Drawings to the P B S Director for review and approval that shows
that all handicapped, carpool, vanpool, motorcycle, and bicycle parking and other TDM and
TSM physical requirements have been provided as required by the City. All TDMITSM
physical improvements required by City regulations must be installed before the issuance of
each Certificate of Occupancy
60 Before the construction of the portion of the Park Place roadway for the proposed project
that would intersect Sepulveda Boulevard and any other improvements on Sepulveda
Boulevard, the applicant must secure a Caltrans Encroachment Permit to alter Sepulveda
Boulevard as set forth in the EIR The alterations to Sepulveda Boulevard must be in
accordance with relevant Caltrans Encroachment Permit requirements and conditions and
must be shown on the Final Working Drawings The applicant is responsible for the costs of
modifications and construction of all the roadway extensions and widemngs that will be
dedicated to the City Before the issuance of a "Final Inspection Approval" of the roadway
improvements, the applicant must install the intersection improvements The improvements
must be reviewed and approved by the City Traffic Engineer, and P B S Director
61 Prior to the issuance of a Certificate of Occupancy for any budding constructed north of the
Union Pacific /Burlington Northern Santa Fe Railroad right -of -way in the Project Area, the
new roadways, including any medians, sidewalks, curbs, and gutters must be constructed in
accordance with applicable Department of Public Works construction standards for a public
roadway with the minimum dimensions required by the Circulation Element of the El
Segundo General Plan, and must comply with applicable requirements of the Americans
with Disabilities Act (ADA), as well as City requirements for traffic signage, street lighting,
drainage plans, and underground utility service, subject to the review and approval of the
Director of Public Works The applicant must be responsible for the design and construction
of the new roadways
62 The applicant must install off -site traffic related mitigation measures as set forth in the EIR
and MMRP at the time when amount of building (floor area or vehicle trips) triggers the
impact for which the mitigation measure is based, as documented in the required Traffic,
Circulation, and Parking Plan
63 Before the issuance of each Building Permit for the Project Area, the applicant must submit
a temporary lane closure plan for review and approval by the Director of Public Work, Fire
Chief and Police Chief if lane closures will be required during construction for a particular
building to insure construction vehicles, equipment and supplies do not interfere with local
emergency response routes and incidences
310
311105 19
CITY COUNCIL RESOLUTION No. 4415 Exhibit "F"
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
64 Driveway entrances must be clearly marked, as well as different areas of the parking lot, to
ensure visiting vehicles do not accidentally enter the truck staging area
65 The applicant must coordinate construction lane closures with the Director of Public Works,
Police Chief and Fire Chief
66 Before the issuance of each Certificate of Occupancy for a budding in the Project Area, the
applicant must pay a Traffic Impact Mitigation Fee The amount will be based upon the
adopted Traffic Impact Mitigation Fee in effect at the time of issuance of a Certificate of
Occupancy
67 Shower and lockers for employees must be provided in sufficient number, as determined by
the P B S Director for each tenant in the Project Area exceeding 50,000 square feet
68 The applicant must submit a Transportatior
the requirements of Chapter 15 -17 of the
Certificate of Occupancy in the Project Area
System Management (TSM) Plan, pursuant to
ESMC within 90 days of issuance of the first
UTILITIES
69 Before the issuance of the first Building Permit for the Project Area, the applicant must
provide a Utility Plan to the P B S Director and Public Works for review and approval The
Utility Plan must demonstrate that all on -site utilities, including fiber optic utility Imes from
each building to the public right -of -way, are placed underground The applicant must
assume the costs for the relocation of all utilities, without limitation, light poles, electrical
vaults, and fire hydrants within the Project Area or Project Site Before the issuance of a
Certificate of Occupancy for each building that is the subject of the Budding Permit, the
applicant must provide evidence to the P B S Director and the Director of Public Works that
the approved Utility Plan improvements has been installed and appropriate access provided
per the approved plan
70 Before the issuance of the first Budding Permit for the Project Area, the applicant must
provide evidence to the P B S Director and the Director of Public Works that proposed utility
service improvements will be of a quality reasonably acceptable to the P B S Director The
developer must encourage and promote a high quality, efficient, and sustainable
development through the incorporation and utilization of the best and most cost - effective
electrical, natural gas, communications, sewage handling, water conservation, and solid
waste disposal equipment and systems Compliance with this measure must be verified by
the P B S Director before Budding Permit issuance
71 On -site utilities on private property within the project site, including without limitation, storm
drains, stormwater detention basins, water and sewer mains, must be owned and
maintained by the developer and a connection point to a public main established
72 Before the issuance of a building permit, the applicant must obtain utility easements for the
utilities located on private property within the Project Area that cross through adjacent
private property and /or utilities that are used or shared by two or more parcels
311
311105 20
CITY COUNCIL RESOLUTION No. 4415 Exhibit "F"
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
73 Encroachment Permits for work in the public right -of -way must be obtained from the
Engineering Division of the Public Works Department A Grading Permit is also required
when import or export of dirt exceeds fifty cubic yards
74 Overload permits are required for dirt and material hauling on City streets
75 No material storage is allowed in the public right -of -way except by Encroachment Permit
issued by the Engineering Division of the Public Works Department If material storage is
allowed in the public right -of -way, it must be confined to parkway areas and street parking
areas, as long as safe and adequate pedestrian and vehicular passage is maintained at all
times as determined by the Engineering Division Storage beyond these areas in the public
right -of -way requires prior approval of the Public Works Director and must be limited to a
maximum period of 24 hours
76 Before the issuance of the first Building Permit for the Project Area, the applicant must
submit Street and Public Right -of -Way Improvement Plans for review and approval to the
Director of Public Works and P B S Director Said plans must include any required
dedications and sidewalks in accordance with City standards necessary for the budding that
is the subject of the Permit Sidewalks are required on both sides of all public streets within
the Project Area Before the issuance of a Certificate of Occupancy for each building that is
the subject of the Permit, the applicant must dedicate any required right -of -way and install
all sidewalks in accordance with plans and specifications approved by the City Alternatively,
the applicant may submit Street and Public Right -of -Way Improvement Plans, if required, for
a Project Area or a number of buildings at one time if that group of buildings will be
completed within a reasonable time period of each other
77 The Los Angeles County Sanitation District requires a Buildover Permit for construction over
its sewer easements The applicant must demonstrate through its Grading Plans in the
Project Area that all alterations to final sewer easements, relocation of sewer manholes, and
rights of way must be in accordance with relevant Buddover Permit(s) to allow the
construction of the proposed protect and other project components over any sewer
easements Before the issuance of the affected Grading Permits for the proposed project,
the applicant must provide evidence to the P B S Director that any necessary Buddover
Permit(s) has been obtained or the easement(s) has been relocated
78 Before issuance of the first budding permit in the Project Area, the applicant must inspect
the existing sewer laterals that connect to the City sewer mains in the area with closed
circuit television (CCTV) to determine the condition of the existing infrastructure that will
serve the project
79 If new sewer laterals are required and constructed in the public right -of -way, they must be a
minimum of six inches inside diameter Material must be "vitreous clay pipe " Each lateral
must have a six -inch clean -out brought to grade at the property line and securely capped A
B9 size box must be placed around the clean -out for protection The box must have a cover
properly marked with the word "sewer" If in a traffic area, the cover must be traffic
approved All elevations of planned sewer connections must be reviewed and approved by
the Director of Public Works before starting construction Existing sewer laterals must be
plugged at the sewer mainline and capped at the property line Existing six -inch wyes may
be reused if approved by the Director of Public Works Any required sewer laterals must be
installed before the issuance of a Certificate of Occupancy for the budding to be served
3 /1(05 21
CITY COUNCIL RESOLUTION No. 4415 Exhibit "F"
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
80 If any off -site upgrades are required due to changes in the proposed peak demands in
sewer services, a program for the implementation of the upgrades must be provided to
demonstrate capacity availability before occupancy Before the issuance of a Certificate of
Occupancy for each building within a Project Area, the applicant must provide evidence to
the P B S Director that adequate sewer capacity is available to accommodate the budding
that is the subject of such Certificate of Occupancy Alternatively, the applicant may submit
any sewer upgrade plans, if required, for a Project Area or a number of buildings at one time
if that group of buildings will be completed within a reasonable time period of each other
81 If any off -site upgrades are required due to changes in the proposed peak demands in water
and wastewater service, a program for the implementation of the upgrades must be
provided to demonstrate capacity availability before occupancy Before the issuance of a
Certificate of Occupancy for each building within a Project Area, the applicant must provide
evidence to the P B S Director that adequate water and wastewater capacity is available to
accommodate the building that is the subject of such Certificate of Occupancy
Alternatively, the applicant may submit any water and wastewater upgrade plans, if required,
for a Project Area or a number of buildings at one time if that group of buildings will be
completed within a reasonable time period of each other
82 Before issuance of a first Certificate of Occupancy for any building in the Project Area north
of the Union Pacific Railroad right -of -way, the applicant must replace the 15 -inch sewer line
located to the north of the project site with an 18 -inch sewer line as depicted on the Phase 1
Utility Layout plan
83 Businesses that generate fats, oils, or greases are required to install grease interceptors
with a minimum 30- minute retention period on appropriate sewer connections
84 Before the issuance of a Certificate of Occupancy for each budding within the Project Area,
the applicant must provide evidence to the P B S Director and the Director of Public Works
that the appropriate additional on -site water and wastewater improvements as identified by
the El Segundo Water and Wastewater Division, or an equivalent service provider, have
been installed Such additional measures must include separate services for potable and fire
water systems, a separate water meter for each budding, and potable system to be a
combined irrigation and domestic, or separated into domestic and irrigation meters
Separate fire services with double detector check valves and backflow preventers are
required Upon completion of the site plan, the exact size and number of fire lines will be
determined Alternatively, the applicant may submit any improvement plans, if required, for a
number of buildings at one time if that group of buildings will be completed within a
reasonable time penod of each other
85 If any off -site upgrades are required due to changes in the proposed peak demands for
telecommunication services, a program for the implementation of the upgrades must be
provided to demonstrate capacity availability before occupancy Before issuance of a
Certificate of Occupancy for each budding within the Project Area, the applicant must
provide evidence to the P B S Director and the Director of Public Works that adequate
facilities are available to accommodate the budding that is the subject of such Certificate of
Occupancy Alternatively, the applicant may submit any improvement plans, if required, for
a number of buildings at one time if that group of buildings will be completed within a
reasonable time period of each other
3(1!05 22
CITY COUNCIL RESOLUTION No. 4415 Exhibit "F"
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
86 Before the issuance of a Certificate of Occupancy for each building within the Project Area,
the applicant must provide evidence to the P B S Director and the Director of Public Works
that any appropriate additional improvements for on -site telecommunication services as
identified by Pacific Bell, or an equivalent service provider, have been installed to
accommodate the building that is the subject of such Certificate of Occupancy If the existing
facilities serve adjacent properties, the services may require relocation Alternatively, the
applicant may submit any improvement plans, if required, for a number of buildings at one
time if that group of buildings will be completed within a reasonable time period of each
other
87 If any off -site upgrades are required due to changes in the proposed peak demands in
natural gas service, a program for the implementation of the upgrades must be provided to
demonstrate capacity availability before occupancy Before the issuance of a Certificate of
Occupancy for each budding within the Project Area, the applicant must provide evidence to
the P B S Director and the Director of Public Works that adequate facilities are available to
accommodate the building that is the subject of such Certificate of Occupancy Compliance
with this measure must be verified by the P B S Director before permit issuance
Alternatively, the applicant may submit any improvement plans, if required, for a number of
buildings at one time if that group of buildings will be completed within a reasonable time
period of each other
88 Before the issuance of a Certificate of Occupancy for each budding within the Project Area,
the applicant must provide evidence to the P B S Director and the Director of Public Works
that any appropriate additional on -site natural gas service improvements as identified by
The Gas Company, or an equivalent service provider, have been installed to accommodate
the building that is the subject of such Certificate of Occupancy Compliance with this
measure must be verified by the P B S Director and before the issuance of the Certificate of
Occupancy Alternatively, the applicant may submit any improvement plans, if required, for a
number of buildings at one time if that group of buildings will be completed within a
reasonable time period of each other
89 If any off -site upgrades are required due to changes in the proposed peak demands for
electrical service, a program for the implementation of the upgrades must be provided to
demonstrate capacity availability before occupancy Before the issuance of a Certificate of
Occupancy for each building within the Project Area, the applicant must provide evidence to
the P B S Director and the Director of Public Works that adequate facilities are available to
accommodate the building that is the subject of such Certificate of Occupancy Alternatively,
the applicant may submit any improvement plans, if required, for a number of buildings at
one time if that group of buildings will be completed within a reasonable time period of each
other
90 Before the issuance of a Certificate of Occupancy for each budding within the Project Area,
the applicant must provide evidence to the P B S Director and the Director of Public Works
that any appropriate additional on -site electrical service improvements as identified by The
Edison Company, or an equivalent service provider, have been installed to accommodate
the building that is the subject of such Certificate of Occupancy Alternatively, the applicant
may submit any improvement plans, if required, for a number of buildings at one time if that
group of buildings will be completed within a reasonable time period of each other.
3It
3/1/05 23
CITY COUNCIL RESOLUTION No. 4415 Exhibit "F"
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
WATER
91 Before the issuance of the first Budding Permit for each building within the Project Area, the
applicant must submit Off -site Reclaimed Water Facility Plans to the P B S Director and the
Director of Public Works for review and approval Said plans for the off -site improvements
must include an approval from West Basin Municipal Water District, the supplier of
reclaimed water
92 Before the issuance of a Budding Permit for each building within the Project Area, the
applicant must submit Final Working Drawings that incorporate On -site Irrigation Plans to
the P B S Director and the Director of Public Works for review and approval Such plans
must indicate that reclaimed water must be utilized in the irrigation systems for all landscape
areas and other uses, as approved by the Department of Public Works, when available from
the West Basin Municipal Water District or other supplier of reclaimed water Such plans
must include the installation of a dual water line system on -site to accommodate distribution
of potable water for landscaping until reclaimed water for landscaping becomes available for
the Project Area In addition to the utilization of reclaimed water for irrigation, other water
conservation features such as low -flow devices and automated shut -offs must be included
throughout the Project Site Water management systems must include both water
conservation and wastewater reduction features
93 Before the issuance of a Certificate of Occupancy for each budding within the Project Area,
the applicant must provide evidence to the P B S Director and the Director of Public Works
that the connection with the City's reclaimed water system has been provided, the approved
water management systems and water - saving devices have been incorporated into project
development, and that the water facilities have been installed per the approved plans If the
water provider is unable to make reclaimed water available before the issuance of the
Certificate of Occupancy, then potable water may be utilized and the Certificate of
Occupancy must be issued
94 The applicant must install a loop water distribution system for the Project Site with service
connections to each of the water mains in the streets surrounding the project, subject to the
review and approval of the Director of Public Works Before the issuance of each Budding
Permit in the Project Area, the applicant must submit a construction phasing plan for the
water service, which must include, without limitation, how the budding which is the subject of
the permit will be connected to the looped water distribution system
95 Before the issuance of a Certificate of Occupancy for each building within the Project Area,
the applicant must pay the applicable water meter installation fees Compliance with this
measure must be verified by the P B S Director before issuance of the Certificate of
Occupancy
96 Before the issuance of a Building Permit for each budding within the Project Area, the
applicant must pay the applicable sewer connection fees and charges Compliance with this
measure must be verified by the P B S Director before Permit issuance
97 Before the issuance of the first
those areas not already part
Sanitation District No 5
Certificate of Occupancy for a budding in the Project Area,
of County Sanitation District must be annexed to County
311105 24 J 1 `'
CITY COUNCIL RESOLUTION No. 4415 Exhibit "F"
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
INDEMNIFICATION
98 The Developer must defend, Indemnify and hold the City and Its elected and appointed
officials, officers, employees and agents harmless from and against any claims, legal or
equitable actions, damages, costs (including, without limitation, attorney's fees, injuries, or
liability of whatsoever kind or nature, arising from the City's approval of the project, Including
but not limited to the CEQA determination, General Plan Amendment, Zoning Code
Amendment and /or the Tentative Tract Map approval
99 Mar Ventures, Inc must acknowledge receipt and acceptance of the Project Conditions by
executing the acknowledgement below.
By signing this document, Mar Ventures, Inc certify that they have read, understood, and
agrees to the Project Conditions listed In this document and represents and warrants that it has
the authority to execute this document on behalf of the property owner and acknowledges that
the conditions set forth above shall run with the land and be binding upon all owners and
occupants of the land
Mar Ventures, Inc
Allan Mackenzie
Its President
M
Its
{If Corporation or similar entity, needs two officer signatures or evidence that one signature
binds the company}
P \Planning & Building Safety\PROJECTS \626- 650 \EA - 631 \Council Agenda PacketTinal Approved Documents \Honeywell
Conditions of Approval CC RTGA doc
a
311105 25
CITY COUNCIL RESOLUTION No. 4415 EXHIBIT "F -L"
CITY COUNCIL ORDINANCE No. 1382 EXHIBIT "C -1"
City of El Segundo
Inter - Departmental Correspondence
April 12, 2004
To: Jim Hansen, Director of Community, E onomic &Development Services
From: Jack Wayt, Chief of Police gf
Subject: Environmental Assessment EA -No 631
Address, 850 S Sepulveda Blvd
Applicant MAR Ventures
Property Owner Honeywell, General Chemical, Air Products,
Kramer & Co and others
The Police Department's has revised some of the comments stated in the
December 10, 2003 memo There is also a revision to the lighting requirements
listed in the Crime Prevention Checklist The revised Checklist is attached for
your convenience
As the plans are still in the conceptual stages, it is difficult to make
recommendations until specific businesses or types of business are
identified and studied as to their relationship with one another.
However, in reviewing the schematic master plan, the following are the
preliminary comments from the Police Department
Attached please find a "Crime Prevention Checklist" to use as general, but not
site - specific guidelines
Historically, malls and strips centers where parking spaces are to the rear of
the businesses experience crime problems Consumers and employees are
not comfortable parking and walking in this area because it is remote and
secluded This leaves the area free for legitimized loitering, thus resulting in
crimes such as rape, robbery, drug transactions, vandalism, theft and
prostitution It is recommended the parking behind buildings Al through A6
be eliminated and moved to the front
o If Al and A6 have glass windows surrounding three sides of these
businesses, the parking spaces that wrap around them could remain
because the windows will provide natural surveillance by store
employees
Door viewers, specifically for fire -rated doors, shall be installed in the rear
entrance /delivery doors of all businesses
"No loitering" signs should be posted along the backside of the buildings
I) u,
1i r
850 S Sepulveda Blvd
Police Department comments
Page Two
• For the employees' personal safety, individual store leases should not require
employees to park in the back during hours of darkness
• Trash dumpsters should be placed away from the back doors of the
businesses to prevent employee theft
• The entire project shall be lighted with a maintained minimum of one
footcandle of light during hours of darkness See the Crime Prevention
Checklist for details
• A wall shall be used to separate this project from the businesses along
Hughes and Allied Ways
• Depending on the time of delivery, delivery trucks trying to access building A7
may pose a danger to pedestrians using the rear parking area
• The plans note stairs in buildings A4 and A7 If the stairs are not contained
within the individual stores, stairwell recommendations listed in the Crime
Prevention Check list may be required
• Where will the delivery doors be located for the restaurants?
• To prevent burglaries, roof ladders should be situated within the individual
businesses
• What type of activity will be occurring at the public amenities /park? How will
this area be secured after hours to prevent loitering?
• The wall along the north side of the property shall continue along the east
property line behind building A -7 This will to keep public amenity users from
parking behind A -7, using the open /well -lit parking spaces instead,
Traffic Division (Sat. Al Graham)
• For access, easement and traffic flow during peak hours Allied Way should be
pushed through or propose to be pushed through to Rosecrans The same
should apply from Sepulveda Blvd to Allied Way
318
City of El Segundo
INTER - DEPARTMENTAL CORRESPONDENCE
TO: Jim Hansen, Director of Community, Economic & Development Services
FROM- Laurie Risk, Crime Prevention Specialist
SUBJECT: Police Department Crime Prevention & Security Checklist
The following checklist is GFNFRAL iNFQRMATIQN on building security and crime prevention
issues from the El Segundo Police Department Because each project is different and unique,
no single list could possibly cover every situation It is the project designer's responsibility to
obtain specific guidelines from the El Segundo Police on crime prevention as it relates to his /her
specific project
LIGHTING
Each project will require individual lighting needs according to its usage and location (i a the
different lighting needs between a gas station, industrial, commercial, light retail, parking lots or
structures, fast food, etc) General lighting guidelines may begin as follows During hours of
darkness, a maintained minimum of one footcandle of light on the ground surface shall be
provided around all sides of any building(s) and parking structure(s), open parking lots, carports
and guest parking Wail packs shall be placed over shipping /receiving doors and trash
dumpsters with one footcandle minimum maintained Aisles, passageways and recesses
related to and within all sides of the budding complex shall be illuminated with a maintained
minimum of 25- 50 footcandles during hours of darkness Lighting devices shall be enclosed
and protected by weather and vandal resistant covers.
A PHOTOMETRIC STUDY, WHICH INCLUDES ALL SIDES OF THE BUILDING(S),
RECESSED AREAS, SURFACE PARKING LOTS, TRASH ENCLOSURES, DOCK AREAS
AND PARKING STRUCTURE(S), MUST BE PROVIDED PRIOR TO ISSUING THE PERMIT.
THE PHOTOMETRIC STUDY MUST BE POINT -BY -POINT AND INCLUDE THE LIGHT LOSS
FACTOR (.7). LIGHTING LEVELS SHALL BE ADJUSTED ACCORDINGLY TO MEET THE
MINIMUM FOOTCANDLES REQUIREMENTS WITHIN EACH AREA OF THE PROJECT.
ADDRESSING
Depending on the size of the project and its location in relation to the street, the address needs
may vary from a minimum of 6" to as much as 24" Street numbers should be visible from the
street, of contrasting color to the background and illuminated during hours of darkness Any
budding (residential, commercial, industrial, retail, etc) which has alley access, shall have
additional addressing on the alley side The alley addressing shall meet the same requirements
as stated above
Entrances and exits shall be limited to keep control and visibility of the budding
31 .j,
EL SEGUNDO POLICE DEPARTMENT
CRIME PREVENTION /SECURITY CHECKLIST
PAGE TWO
RIKE RA K
Bike racks shall be located in a busy, well -lit location This will provide optimum security for
persons and property
LANDSCAPING
All landscaping shall be low profile around perimeter fencing, windows, doors and entryways
taking special care not to limit visibility and provide climbing access Floral or grass ground
cover is recommended Bushes shall be trimmed to 1 to 2 feet and away from buildings
Dense bushes should not be clumped together, this provides a hiding place for criminal activity
Trees should be trimmed up to 7 feet
PERMS
Although berms are aesthetically pleasing, they do conceal any natural surveillance into a
facility and its parking lot by patrol and passersby Berms have always been known to provide
criminals with the opportunity for concealment in order to commit crimes Therefore, berms,
especially those with landscaping on top would not be recommended
Although berms are aesthetically pleasing, they do conceal natural surveillance into a facility by
passersby and patrol, and they provide criminals with the opportunity for concealment in order
to commit crimes Therefore, berms, especially those with landscaping on top would not be
recommended
HARDWARE /DOORS/WINDOWS
All main entry doors (including entry doors from a garage into a residence) shall be of solid core
construction with a minimum thickness of 1 3/4 inches (Commercial, retail and industrial doors
may be constructed of metal, 1 3/4" thick)
Entry doors shall have a deadbolt locking device The deadbolt throw shall have a
1 -inch projection The cylinder guard shall be of case hardened steel, with the outer edge
angled or tapered and free spinning The exterior part of the lock shall be connected to the
inside portion of the lock with bolts at least 1/4 inch in diameter and constructed of steel The
locking mechanism shall contain a minimum of a 5 -pin tumbler
Main entry doors with glass constructed in or within 40 inches (including windows along the side
of the entry door) of the locking mechanism should either reverse the swing of the door if a
window is positioned within 40 inches of the locking mechanism, OR reverse the position of the
window to be opposite the locking mechanism, OR all glass should be replaced with
polycarbonate materials, or of fully tempered glass, or rated burglary resistant glazing
All doors accessible from a corridor shall be of solid core construction and be equipped with a
deadbolt lock
A panoramic door viewer (180 -190 degrees) shall be installed in each main entry door, delivery
doors and entry doors off a comdor or hallway
320
EL SEGUNDO POLICE DEPARTMENT
CRIME PREVENTION /SECURITY CHECKLIST
9XI CIM:13:11t
Strike plates shall be made with a minimum 16 U S gauge steel, bronze or brass and secured
to the iamb by a minimum of two screws, off -set and which must penetrate at least 2 inches into
solid backing beyond the surface to which the strike plate is attached
Sliding glass doors shall have a secondary locking device (i a locked by a key or a
twisting /turning device /Charlie bar) This device shall limit any up and down or sideways
movement while the window is in the closed /locked position
Double or french doors shall have a secondary locking device, such as a cane or flush bolt in
addition to a deadbolt The inactive leaf of double doors) shall be equipped with metal flush
bolts having a minimum embedment of 5/8 inch into the head and threshold of the door frame
A latch guard shall be placed over double glass entry doors
PERIMETER WAI c OR F N /N .
Perimeter walls shall be a minimum height of 6 feet street side and of solid construction Walls
shall limit climbing access (i a concrete walls shall not have vaned sections were decorative
blocks allow for stepping over the wall or part of the wall consists of wrought iron) Wood,
wrought iron, steel tubular or mesh perimeters shall be 6 feet high and all horizontal members
shall be on the inside of the perimeter Where wrought iron or steel tubular fencing is used,
the horizontal members shall run along the top and bottom portion of the fence Wrought iron
or steel tubular fencing is always recommended around a perimeter as it provides maximum
visibility Chamlmk fencing shall not have plastic or metal slats weaved within it This limits
visibility into the facility
TRASH DUMPS Rc
Trash dumpsters shall be enclosed with wrought iron or steel tubular fencing All dumpsters not
enclosed this way shall be constructed in a way which fully encloses the dumpster (roofing
connected to the side walls) Fencing shall be locked and a wall pack or light standard directly
over the dumpster This will provide employees maximum visibility when they are taking out
trash during hours of darkness
EMPLOYEE PARKING
As internal theft is a large percentage of the loss to industry, employee parking should not be
located by shipping /receiving docks or dumpsters
EXTERIOR ADD RS
Permanently affixed ladders leading to roofs shall be fully enclosed with sheet metal to a height
of 10 feet This covering shall be locked against the ladder with a case - hardened hasp,
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 shall 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
J��
EL SEGUNDO POLICE DEPARTMENT
CRIME PREVENTION /SECURITY CHECKLIST
PAGEFOUR
QO .K AREA
Loading docks shall have wall packs placed directly over the roll -up door Roll -up door(s)
should have two interior locking devices located on each side of the door (padlocks or cane
bolts can be used)
Loading docks shall have wall packs placed directly over the roll -up door Roll -up door(s)
should have two interior locking devices located on each side of the door (padlocks or cane
bolts can be used) A 1"x5" vision panel can be installed in the roll -up door
PARKIN LOTS AND PARKING STRUCTLIRES
Entry and exit should be limited to one area for control and observation If there is more than
one entry or exit, a card access system should be used
A perimeter wall or fencing should fully enclose the first floor to limit access
A transitional lighting plan shall be established,
be placed over vehicles vs down aisles FlorE
lighting is recommended
with every level therein Lighting fixtures shall
scent, high- pressure sodium or mercury vapor
Condo parking Units having common parking shouldhave numbered or lettered spaces, which
do not correspond to the unit number
Parking structures with numerous parking levels extended below the ground floor inhibit police
patrol from dispatching additional units for help when dealing with criminal activity Parking
structures shall be designed in such a way as to incorporate communication that will enhance
two -way radio transmissions
Wherever possible, elevators and stairs shall be located on the perimeter to permit natural
surveillance from exterior public areas via glass back elevators and glass around stairs and
elevator lobbies Openness will enhance natural surveillance and provide natural ventilation
Openness on two sides would be an- acceptable minimum, four sides is preferable
Exit doors from the parking structure should be "Emergency Only" with panic hardware There
should be no hardware on the exterior
ig!hfing of Parking Structure
REVISED Passing from light to dark areas creates a problem for drivers because of the eye's
inability to adjust rapidly Therefore, a transitional lighting plan within the parking structure shall
be established with a maintained minimum of two footcandles of light on the ground surface
Light must be put into the edges of parking stalls rather than dust onto driving aisles Lighting
fixtures should be placed over vehicles vs down aisles Florescent, high- pressure sodium or
mercury vapor lighting is recommended
322
EL SEGUNDO POLICE DEPARTMENT
CRIME PREVENTION /SECURITY CHECKLIST
PAGE FIVE
Passing from light to dark areas creates a problem for drivers because of the eye's inability to
adjust rapidly It is also imperative to get light into the edges of parking stalls rather than dust
onto driving aisles A transitional lighting plan within the parking structure shall be established
with a minimum maintained of two foot candies of light on the surface
White staining concrete is a cost - effective method of increasing general brightness, and when
applied to ceilings, walls and beam soffits, reflects light, thereby increasing uniformity and
creating a sense of well -being
SITE DIRECTORY
Large complexes such as, but not limited to, hotels shall have a site directory placed at
entrances, stairwells, elevators, in courtyards and in parking lots Appropriate room numbering
and lettering shall be affixed to the budding
Directories located at entrances and in parking lots shall be large enough for patrol and guests
seated in a car to read
POOL AREA
Pool area shall be enclosed with barred fencing, a minimum of 6 feet high for safety and
visibility
TEI FPHOA(ES
Public phones shall not be located in a remote area of the project Such locations encourage
loitering and drug transactions Public telephones shall be "call out" only
Security cameras should be placed, monitored and recorded by shipping, receiving dock areas,
cash handling areas, counting areas, vital access doors, parking lots, cash registers, drive -up
windows and driveways and ANY OTHER AREAS DEEMED NECESSARY
Cameras should monitor and record - vehicle occupants and the license plate number as they
enter /exit, vital access doors, loading docks and lobbies
ALARMS 8 PANIC A ARMS
Panic/robbery alarms shall be installed in, but not limited to, all cash handling areas, registers,
box offices, cash counting areas, reception desks or guest counters
Contractors who install home security alarms systems, be they audible or monitored by a
security company, shall inform the perspective residents that an alarm permit is required by the
City of El Segundo and a False Alarm Ordinance is enforced by the El Segundo Police
Department
Security personnel may be requested to be stationed in certain areas of the project to provide
additional or necessary security
.3� i
EL SEGUNDO POLICE DEPARTMENT
CRIME PREVENTION /SECURITY CHECKLIST
PAGE SIX
RAF ES OR MUNTER CACHE DROPS
Counter cache units should be installed by registers and a safe in the manager's office All
safes should be anchored in concrete and cache drops anchored to the counter
Signs should be placed on front doors stating the premise has a time drop safe or counter
cache drop in use
COOLERS
All coolers shall be equipped with an Interior unlocking or release mechanism in the event
employees are locked Inside during a robbery
MILLET ET R CISTANT ENCLOSURFS
Depending on the project, bullet resistant enclosures may be required
p 1B I - R STROOMC
Public restrooms should be locked Entrance can be made by asking for a token or key
OUTDOOR aENCHES AND TABLES
Outdoor benches and tables should be constructed In such a way (curved) as to limit the
number of people seated at one time or forlong periods of time This will discourage lodenng
These benches and tables should be positioned in such a way as to provide natural surveillance
of the parking lots
All cash registers shall be clearly visible from the street and bolted down to the counter
MERCHANDISF .ONDO AS
Aisles between gondolas shall be designed so that personnel can clearly see in all directions
Gondolas shall not be so high as to obstruct personnel's view of Interior
S ATIN Q WALLS
Decorative seating walls shall be no higher than 3 feet and should be angled and constructed of
material which limits sitting time and deters loitering
MENU ORDER BOARDS
Menu order boards should be elevated approximately 2 -3 feet Round tube steel pipes should
be used as support beams
CASHIER STATIONS
Depending on the project, certain cashier stations should be elevated for maximum visibility
ATMs
ATMs shall follow those set forth per the California guidelines
324
EL SEGUNDO POLICE DEPARTMENT
CRIME PREVENTION /SECURITY CHECKLIST
PAGE SEVEN
HOTEL KEY CARD SYSTEM
Hotels /motels shall install a changeable electronic key card locking system for guest room and
specific rooms (t a laundry, gymnasium, etc)
A I 17_7.]N EN TRY
Depending on the project, a buzz -in system may be required to secure specific areas or
lobbies
COUNTER TOP FOR CARH REGISTER ORS RVIG D CKS
Counter tops for cash registers and service -type desks with a smooth finish such as glass,
polished granite or marble enables evidence technicians to lift fingerprints and palm prints after
a crime has been committed
PARKING BOOTHS
The landscaping around the island of the booth shall be ground cover only
The booth shall be lit on all sides with a minimum of one footcandle of light The lighting shall
be installed and angled out in such a way that it does not present a glare on the glass limiting
the attendant's visibility to the immediate surrounding area or out to the street
A mirror shall be installed on the interior of the booth This will allow the attendant to see who
may be coming from behind them
A camera(s) should be installed The camera(s) should be angled in such a way as to capture
license plate numbers and facial images as the guests are conversing with the parking
attendant
A drop safe /time release safe should be installed Signs should then be posted that state a
"DROP SAFE (OR TIME RELEASED SAFE) IN USE"
If the attendant is taking in tokens and parking tickets only, signs should be posted stating "NO
CASH EXCHANGED /TOKENS OR TICKETS ONLY'
The attendant should have a radio, phone or panic alarm in which to make contact with security
personnel in the event of an emergency
Issues which the Traffic Division would be concerned with, but are not limited to an adequate
number of parking spaces per users, location of loading dock areas in relation to project traffic
flow or street traffic flow, the project's impact on street traffic (i a additional signals, traffic,
signage, etc ), driveways, ingress and egress locations
4/04
32
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA DESCRIPTION'
MEETING DATE March 15, 2005
AGENDA HEADING' Consent
Consideration and possible action regarding the authorization of a professional services
agreement with Wllldan Associates for providing an Interim Senior Planner to replace the
recent vacancy of the position (Fiscal Impact: $72,000)
RECOMMENDED COUNCIL ACTION'
1) Authorize the City Manager to approve the professional services agreement as to form
approved by the City Attorney, and /or,
2) Alternatively, discuss and take other action related to this Item.
BACKGROUND & DISCUSSION.
Recently the Senior Planner position in the Planning and Building Safety Department (PBS
Dept ) has become vacant Due to continuing work load the PBS Dept has an immediate
need to fill the position Recruitment for the position will generally take four months During
the recruitment process staff proposes to temporarily fill the position with an interim Senior
Planner Wllldan Associates has a qualified individual that will serve the immediate needs of
the department
on next
Scope of Work
FISCAL IMPACT' $72,000
Operating Budget
Amount Requested-
Account Number
Appropriation Required.
$72,000
$72,000
2402 -4101 ($44,416)
2403 - 4101($30,611)
_YES X NO
ORIGIy.QTED BY. DATE. March 8, 2005
See
Seimone Jugls, ctor of Planning and Building Safety / Acting City Engineer
REVIEWED BY. DATE.
P \Planning & Building Safety\Slupts\Staff Reports Part 2\Senwr Planning Consultant Inertm \Staff report Interim Senior Planner 03 -15 -2005 doe
• Perform other related tasks as assigned by the Planning Manager
11
326
327
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA
MEETING DATE March 15, 2005
AGENDA HEADING- Consent Agenda
Consideration and possible action regarding a status report on the Douglas Street Gap
Closure Project (Fiscal Impact N /A)
RECOMMENDED COUNCIL ACTION-
1) Receive and file, 2) Alternatively, discuss and take other action related to this item
BACKGROUND & DISCUSSION.
On March 1, 2005, the City Council received a brief presentation by the City Manager
regarding the current status of the Douglas Street Gap Closure project At that time, the City
Manager reported that the project was on track to meet a revised schedule that would result in
the City awarding bid in June 2005 The schedule for the benchmarks leading up to the award
of bid is dependent upon several actions by other agencies Those benchmarks are as
follows
SCAG to amend the FTIP and transmit to FHWA — 3/11/2005
MTA Planning and Programming Committee meeting recommending approval of additional
funding — 3/16/2005
MTA Board Action approving committee recommendation — 3/24/2005
(Please see attached page marked 'Background and Discussion ")
ATTACHED SUPPORTING DOCUMENTS
None
FISCAL IMPACT: NIA
Operating Budget.
Amount Requested.
Account Number-
Project Phase
Appropriation Required _Yes _ No
in. Citv Mar
3e; '12
32
Background and Discussion (con't):
FHWA approval of FTIP amendment — March 31, 2005
City advertises project for bid — April 7, 2005
Project bid opening — May 17 2005
Award of contract to successful bidder — June 7, 2005
Though there are several actions that must occur before this project is underway, staff has
been working extensively with the various agencies listed above The most critical dates and
events are the March 16 MTA Planning and Programming Committee meeting and the FHWA
approval of the FTIP amendment The MTA is considering an additional funding package that
would yield approximately $500,000 in additional funds for the Douglas Street Project and
allow the City to temporarily use, an advance of Its future years allocations of Proposition C
funds totaling $3 million to get the project underway Those funds would be reimbursed by
federal funds that the City expects to receive from the federal highway bill (TEA) now in
Congress The City's current earmark in that bill Is $4 million The second critical action is the
FHWA approval of the FTIP package However, staff has had discussions with the FHWA and
that has been assured that the process will be completed by the end of this month
In recognition of the tight schedule, staff will continue to work with the various agencies
involved to ensure that the deadlines are met Staff will keep the Council apprised as events
occur and benchmarks are met
P \PUBLIC WORKS \ENGINEERING DIVISION \Douglas Project \Staff Report - Douglas Street Status 3 -15 -05 doc
330
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA
MEETING DATE: March 15, 2005
AGENDA HEADING: Consent
Consideration and possible action regarding acceptance of the project for the Underground Fuel
Storage System Repairs - Protect No PW 04 -05 (Final Project cost = $8,306 38) and consideration and
possible action regarding adoption of plans and specifications for the Phase 11 Underground Fuel
Storage System Repairs - Project No PW 05 -09 (Estimated cost = $45,300 00)
RECOMMENDED COUNCIL ACTION:
Recommendation — (1) Accept the work as complete for Project No PW 04 -05; (2) Authorize the City
Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office, (3) Adopt plans
and specifications for Project No PW 05 -09, (4) Authorize staff to advertise the project for receipt of
bids, and/or (5) Alternatively discuss and take other action related to this item,
BACKGROUND & DISCUSSION:
Annual testing and certification of underground fuel storage systems is mandated by the State Water
Resources Control Board in compliance with Senate Bill 989 On December 7, 2004, City Council
awarded a takeover contract of PW Project No 04 -05 to Advanced Environmental Services, Inc The
scope of the project included secondary containment testing, necessary repairs, and certification for two
(2) underground gasoline tanks, one (1) underground diesel tank and one (1) underground waste oil
tank PW Project No 04 -05 is complete
(Please see attached page marked "Background and Discussion ")
ATTACHED SUPPORTING DOCUMENTS:
Notice of Completion
FISCAL IMPACT:
Operating Budget: $178,00000
Amount Requested: $ 53,606 38
Account Number: 405 - 400 - 0000 -6215
Project Phase: Accept the work as complete and Adoption of plans and specifications
Appropriation Required: No
13
331
BACKGROUND & DISCUSSION: (continued
During an annual inspection by the Fire Department, Environmental Safety Division, new State code
violations were cited To bring the system to code, will cost approximately $9,300 00 Furthermore, it
was discovered the turbine casings and the concrete apron were not properly installed As a result,
during heavy rains the turbine /alarm wells are flooded, the secondary containment system goes into
alarm, and the system repeatedly shuts down These repairs are estimated at $32,000 00
The takeover contract for PW Project No 04 -05 was awarded to Advanced Environmental Services
to finish overdue work Staff recommends entering a formal contract after an appropriate
competitive bidding process for the remaining repairs and code violations
The scope of the project will bring the underground fuel storage system into compliance with Senate Bill
989 and perform the additional secondary containment system repairs The total project cost is
approximately $45,300.00 which includes a contingency amount of $4,000 00 Funds for this project
have been allocated from the FY 2004/2005 Facilities Maintenance Fund
3 3'�
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 Underground Fuel Storage System Repairs
Project No PW 04 -05
Notice is hereby given pursuant to State of California Civil Code Section 3093 at seq that
1 The undersigned is an officer of the owner of the interest stated below in the property
hereinafter described
2 The full name of the owner is City of El Segundo
3 The full address of the owner is City Hall, 350 Main Street, El Segundo, CA, 90245
4 The nature of the interest of the owner is
5 A work of improvement on the property hereinafter described was field reviewed by the
City Engineer February 11, 2005 The work done was Underground fuel storage system
repairs
6 On City March 15, 2005 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 Advanced Environmental Services, Inc
8 The property on which said work of improvement was completed is in the City of El
Segundo, County of Los Angeles, State of California, and is described as follows 150
Illinois Street
9 The street address of said property is 150 Illinois Street
Dated
VERIFICATION
Seimone Jugis, City Engineer
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 , 2005 at El Segundo, California
Se(mone Jurhs, City Engineer
).>,)
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
DESCRIPTION:
MEETING DATE: March 15, 2005
AGENDA HEADING: Consent
Consideration and possible action regarding awarding contracts to Daphne Painting for the
Clubhouse (located at 300 E Pine St.) Interior Painting Protect - Protect No PW 05 -03 (Fiscal
Impact = $16,000 00), and to All -Area Plumbing for the Clubhouse Plumbing Refurbishment
Project - Protect No PW 05 -02 (Fiscal Impact = $15,000.00)
RECOMMENDED COUNCIL ACTION:
Recommendation — (1) Award contracts to the lowest, responsible bidders: Daphne Painting
for the Painting Protect in an amount not to exceed $16,000 00; and All -Area Plumbing for the
Plumbing Protect in an amount not to exceed $15,000.00; (2) Authorize the City Manager to
execute the contracts on behalf of the City, and /or (3) Alternatively discuss and take other
action related to this item
BACKGROUND & DISCUSSION:
The Clubhouse is scheduled to reopen this spring These projects are part of a variety of
maintenance and repairs scheduled to refurbish the facility. The scope of the interior painting
protect provides for the preparation, patching, priming, and painting of all painted surfaces
inside of the building excluding storage areas and the inside of cabinets. The ceilings will be
repaired and repainted except in the auditorium area.
The plumbing systems at the Clubhouse have been in disuse for more than a year causing
extensive corrosion and deterioration. The scope of the plumbing project includes refurbishing
all fixtures in the building and replacement of all flush valves and faucets. In addition, all drain
lines will be cleaned approximately 100 feet to the main drain
ED
see attached page marked `Background and
DOCUMENTS:
FISCAL IMPACT:
Operating Budget: $31,000.00
Amount Requested: $31,00000
Account Number: 301 - 400 - 8202 -8490
Project Phase: Award of Contract
0
14
Background and Discussion (con't):
After advertising the projects for receipt of bids, the City Clerk, on March 8, 2005, received and
opened one (1) bid for the Painting Project and one (1) bid for the Plumbing Project Staff
contacted the low bidders' references. The references were favorable and the bidders have
completed similar projects
Staff recommends award of contracts to the lowest, responsible bidders- Daphne Painting for
the Painting Project in an amount not to exceed $16,000 00; and to All -Area Plumbing for the
Plumbing Project in an amount not to exceed $15,000 00
335
CITY OF EL SEGUNDO
BID OPENING LOG
NO. #PW 05-02
City of El Segundo
Clubhouse Plumbing Refurbishment
Date of BID Opening. Tuesday, March 8, 2005
Time of RFP Opening: 11.00 A M.
Place of RFP Ooeninn. City Cler'k's Office
C. d R B
"BID AMOUNT
Bid Bond
Owt,
1 All -Area Plumbing
5745 Venice Blvd
Los Angeles, Ca 90019
/ G d 7 Y 7
2
3
4
5
6
7
8
9
10
Staff Present
Department
City Clerk's Department
Public Works Department
33 P,
CITY OF EL SEGUNDO
BID OPENING LOG
NO. #PW 05 -03
City of El Segundo
Clubhouse Interior Painting
Date of BID Opening: Tuesday, March 8, 2005
Time of RFP Opening 11.00 A.M.
Place of RFP Ooenina: Citv Clerk's Office
Clerk's Department
Clerk's Department
tic Works Department
337
iMf
Bid 815hdr,',,
1 Daphne Painting co
18824 Patronelta Ave
Torrance, Ca 90504
�E lO0
111
✓
2
3
4
5
6
7
8
9
10
Clerk's Department
Clerk's Department
tic Works Department
337
EL SEGUNDO CITY COUNCIL MEETING DATE. March 15, 2005
AGENDA ITEM STATEMENT AGENDAHEADING, Mayor Kelly McDowell
AGENDA DESCRIPTION
Consideration and possible action regarding staff conducting a public workshop for the study
of potential planning /land use changes to the Smoky Hollow Specific Plan by the University of
California- Irvine (UCI) (Fiscal Impact None)
RECOMMENDED COUNCIL ACTION
1) Receive and file, and /or
2) Alternatively, discuss and take other action related to this Item
BACKGROUND & DISCUSSION
INFORMATION TO THE PUBLIC:
On March 28, 2005 at 6:00 PM there will be a public workshop in the El Segundo City Council
Chambers conducted by City staff Graduate planning students from UCI are studying the
Smoky Hollow area as a graduate project They will be taking public Input, surveying the area,
researching city records, then providing recommendations for City Council consideration All
members of the public are encouraged to attend and provide input on the Smoky Hollow
Specific Plan Study
If members of the public cannot attend the public workshop, a booth will be set up at the
Farmers Market on April 7th and 14th to take additional Input. The public can always contact
the Planning and Building Safety Department to provide additional input.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT NONE
Operating Budget.
Amount Requested.
Account Number.
Project Phase.
Appropriation Required:
ORIGINATED BY. DATE March 2, 2005
owe
REVIEWED BY DATE
Mary St n, City Manager 3�"y^
P \Planning & Building Safety \Slupis \Staff Reports Part 2WCI Scopmg Meehng\Rev UCI Scoping Mtg 3 28 05 doc 338