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2006 JUL 18 CC PACKET - 1AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, If desired Please respect the time limits Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p m the prior Tuesday) Other members of the public may comment on these items only during this second Public Communications portion of the Agenda The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 18, 2006 - 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER ROLL CALL Next Resolution # 4473 Next Ordinance # 1397 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 SPECIAL ORDER OF BUSINESS — 1 Consideration and possible action to appoint the City Manager as labor negotiator on behalf of the City with regard to the El Segundo Supervisory and Professional Employees Association CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue) for the purposes of conferring with the City's Real Property Negotiator, andlor conferring with the City Attorney on potential andlor existing litigation, andlor discussing matters covered under Government Code Section §54957 (Personnel), andlor conferring with the City's Labor Negotiators, as follows CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 3 matters 1 City of El Segundo v 2221 Park Place, LASC Case No BC319034 2 City of EI Segundo v CTF2, Alaska, LASC Case No BC319033 3 City of El Segundo vs City of Los Angeles, at al LASC No BS094279 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -1- potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -0- matter DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -2- matters 1 Labor Negotiator Mark Hensley, City Attorney Unrepresented Employee Jeff Stewart, City Manager 2 Labor Negotiator Jeff Stewart Represented Employees El Segundo Supervisory and Professional Employees Association CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) -0- matter SPECIAL MATTERS - -0- matter U 0 2 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 P m the prior Tuesday) Other members of the public may comment on these items only during this second Public Communications portion of the Agenda The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 18, 2006 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Pastor Dino Tumbuan of Saint John's Lutheran Church PLEDGE OF ALLEGIANCE — Council Member Eric Busch Next Resolution # 4473 Next Ordinance # 1397 0 U' PRESENTATIONS - (a) Proclamation in commemoration of El Segundo Farmers' Market 7th Anniversary, and invitation to the community to partake in the cake cutting ceremony on July 20, 2006 at 5 30 pm ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title Recommendation - Approval B. SPECIAL ORDERS OF BUSINESS Consideration and possible action to open a Public Hearing and introduce an Ordinance to amend the El Segundo Municipal Code Chapter 15 -18 regulating the time, place and manner that signs are erected and constructed within the City's jurisdiction. (Fiscal Impact: None) Recommendation - (1) Open Public Hearing, (2) Discussion, (3) Introduction and first reading by title only of Ordinance for Zone Text Amendment No ZTA 06 -06, (4) Schedule second reading and adoption of Ordinance on August 1, 2006, (5) Alternatively, discuss and take other action related to this item 2. Consideration and possible action to open a Public Hearing and adopt a Resolution setting the Golf Course and Driving Range fees at The Lakes Golf Course, as recommended by the Golf Course Sub - Committee. (Fiscal Impact: $137,400 in new annualized revenues). Recommendation - (1) Open Public Hearing, (2) Discussion, (3) Adopt Resolution setting the Golf Course and Driving Range fees, (4) Alternatively, discuss and take other action related to this item 4 004 C. UNFINISHED BUSINESS Consideration and possible action to purchase approximately five acres of unimproved land located at the northeast corner of Mariposa Avenue and Nash Street from TPG -EI Segundo Partners, LLC. (Fiscal Impact: $4,900,000) Recommendation — (1) Approve the purchase of approximately five acres of land located at the northeast corner of Mariposa Avenue and Nash Street from TPG, (2) Receive and file Complete Appraisal Summary Report prepared by CB Richard Ellis, (3) Receive and file the Limited Site (Environmental) Investigation prepared by URS, (4) Authorize the City Treasurer to deposit the amount of $4,900,000 into the escrow account opened by the City with Chicago Title, (5) Authorize staff to take other action necessary to close escrow by August 5, 2006, (6) Alternatively, discuss and take other action related to this item D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 4. Consideration and possible action to receive the Annual Report of the Capital Improvement Program Advisory Committee ( CIPAC). Oral presentation will be made by CIPAC Chairman Mr. Jason Aro. (Fiscal Impact: None) Recommendation — (1) Receive and file the Annual Report of CIPAC, (2) Alternatively, discuss and take other action related to this item E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business 5. Warrant Numbers 2553923 to 2554172 on Register No. 18 in the total amount of $2,383,496.78 and Wire Transfers from 6/9/2006 through 6/22/2006 in the total amount of $1,402,542.52 and Warrant Numbers 2554173 to 2554382 on Register No. 19 in the total amount of $651,811.71 and Wire Transfers from 612312006 through 716/2006 in the total amount of $965,283.06. Recommendation — Approve Warrant Demand Register and authorize staff to release Ratify Payroll and Employee Benefit checks, checks released early due to contracts or agreement, emergency disbursements and /or adjustments, and wire transfers 6. City Council Meeting Minutes of June 20, 2006. Recommendation — Approval 005 7. Consideration and possible action regarding approval of a Professional Services Agreement with Gary Chicots to serve as Interim Director of Planning and Building Safety. (Fiscal Impact: $50,000) Recommendation — (1) Authorize the City Manager to execute a Professional Services Agreement with Gary Chicots to serve as Interim Director of Planning and Building Safety, (2) Alternatively, discuss and take other action related to this item 8. Consideration and possible action regarding a Resolution providing for salary and benefit changes to Chapter 1A2 (Management - Confidential Series) of the El Segundo Administrative Code, a Resolution establishing new salary ranges for Accountant and Office Specialist II — Human Resources, and a Resolution updating the Nationwide Retirement Solutions Governmental Deferred Compensation Matching Plan and Trust Plan. (Fiscal Impact: $236,000) Recommendation — (1) Adopt the attached Resolutions, (2) Alternatively, discuss and take other action related to this item 9. Consideration and possible action regarding approval of a $2,000,000 grant from the Federal Aviation Administration (FAA) to be used for the Residential Sound Insulation (RSI) program. Recommendation — (1) City Council accept FAA Grant Agreement for Project No AIP 3- 06- 0139 -40, (2) Authorize the Mayor to execute the FAA Grant Agreement, (3) Alternatively, discuss and take other action related to this item 10. Consideration and possible action regarding adoption of Ordinance No. 1396 approving the issuance of a Pipeline Franchise Agreement to Chevron Pipeline Company for a period of ten years for a jet fuel pipeline located generally in Virginia Street between Imperial Avenue and El Segundo Boulevard. (Fiscal Impact: $3,000 — estimated annual franchise fee) Recommendation — (1) Second reading by title only and adoption of Ordinance No 1396, (2) Alternatively, discuss and take other action related to this item 11. Consideration and possible action to award a Contract to California Fence & Supply for the installation of security enclosures around reservoir hatches at the 6 million gallon water reservoir located at 301 Maryland Street. (Fiscal Impact: Recommendation - (1) Award a contract in the amount of $16,800 to California Fence & Supply in a form as approved by the City Attorney, (2) Authorize the City Manager to execute the construction contract on behalf of the City, (3) Alternatively, discuss and take other action related to this item 6 006 12. Consideration and possible action to award a contract to Trueline for the Recreation Park racquetball courts refurbishment at 339 Sheldon Street in the amount of $26,589, Approved Capital Improvement Project — Project No. PW 06 -10. (Contract Amount: $26,589) Recommendation — (1) Authorize th e with Truelme in a form as approve d courts in the amount of $26,589, (2) to this item. City Manager to execute by the City Attorney to Alternatively, discuss and a Public Works contract refurbish the racquetball take other action related 13. Consideration and possible action regarding adoption of plans and specifications for installation of a Telemetry System for the City's Water and Wastewater Divisions at 400 Lomita Street, Approved Capital Improvement Program — Project No. PW 06 -01. (Fiscal Impact: $125,000) Recommendation — (1) Adopt plans and specifications, (2) Authorize staff to advertise the project for receipt of construction bids, (3) Alternatively, discuss and take other action related to this item 14. Consideration and possible action regarding adoption of plans and specifications for 2005 -2006 Slurry Seal of various Streets, Approved Capital Improvement Program — Project No. PW 06 -09. (Estimated Cost: $200,000) Recommendation — (1) Adopt plans and specifications, (2) Authorize staff to advertise the project for receipt of construction bids, (3) Alternatively, discuss and take other action related to this item 15. Consideration and possible action regarding the purchase of mobile and handheld radios for the Fire Department on a sole source basis with grant funding provided by the U.S. Department of Homeland Security, Office of Domestic Preparedness (ODP), under the Urban Area Security Initiative (UASI) for the Fiscal Year 2005 Federal Budget Year (FY 2005). (Fiscal Impact: $168,220) Recommendation — (1) Authorize the purchase of up to 39 radios with $168,220 in grant funds from the FY 2005 UASI grant program, (2) Pursuant to El Segundo Municipal Code Sec 1 -7 -10, waive the bidding process based upon sole source vendor for specified radios, (3) Alternatively, discuss and take other action related to this item 007 16. Consideration and possible action regarding the award of a contract to Shaw Industries, Inc. for re- carpeting the Youth Services Division and the Matsui Meeting Room at the El Segundo Public Library. Carpet selection will match the Library's main floor carpeting style which was installed in 2005, during the new meeting rooms and remodeling project. (Fiscal Impact: $35,000). Recommendation — (1) Award a contract to Shaw Industries, Inc in the amount of $35,000 by piggybacking onto State of California Contract #4- 97- 72 -0008A with Shaw Industries, Inc for the replacement of carpeting at the El Segundo Library, (2) Authorize the City Manager to execute the contract in a form as approved by the City Attorney, (3) Alternatively, discuss and take other action related to this item CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 17. Consideration and possible action regarding the adoption of a Resolution establishing Utility Service Priority Regulations pursuant to Government Code § 65589.7 giving affordable housing developments priority access to existing sewer capacity and water supply. Recommendation - (1) Adopt a Resolution establishing the Utility Service Priority Regulations in accordance with Government Code § 65589 7, (2) Alternatively, discuss and take other action related to this item 18. Consideration and possible action regarding funding for the development of capital projects (fire station and athletic fields) on approximately six acres located on the northeast corner of Mariposa Avenue and Nash Street. (Fiscal Impact: $9,800,000 estimated) Recommendation — (1) Provide direction to staff regarding allocation of funds for construction of a new fire station and athletic fields at the northeast corner of Mariposa Avenue and Nash Street, (2) Direct staff regarding the appropriate designation of approximately $9,800,000 in funding from Account Numbers 01 -400- 8202 -8490 ($5 9 million — Community Center, 302 - 400 - 8202 -8998 ($300,000 — Soccer Fields), and 301- 400 -8207 -8645 ($2 6 million — Fire Station #2), (3) Alternatively, discuss and take other action related to this item 008 19. Consideration and possible action regarding a presentation from RJM Design Group related to the construction of an athletic facility at the northeast corner of Mariposa Avenue and Nash Street and recommendations from the Recreation and Parks Commission relative to the athletic facility. Recommendation — (1) Receive and file presentation by RJM Design Group, (2) Consider recommendations of the Recreation and Parks Commission and provide Council direction to staff regarding further development of the athletic facility, (3) Alternatively, discuss and take other action related to this item 20. Consideration and possible action regarding the authorization for the Police Department to purchase a Mobile Mutual Aid Emergency Response Vehicle for use by Area G law enforcement agencies utilizing Federal Homeland Security Grant Funds. (Fiscal Impact: $255,000) Recommendation — (1) Pursuant to El Segundo City Code Sec 1 -7 -10, waive the bidding process based upon sole source vendor, Universal Specialty Vehicles, Inc (USV), for a Mobile Mutual Aid Emergency Response Vehicle from the FY 2005 Urban Area Security Initiative (UASI) funds awarded to the El Segundo Police Department, (2) Authorize the City Manager to execute a Professional Services Agreement approved by the City Attorney with USV, (3) Alternatively, discuss and take other action related to this item G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Fisher - Council Member Jacobson — Council Member Boulgarides — 9 0019 Mayor Pro Tem Busch - Mayor McDowell — 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 MEMORIALS — CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, gt sue) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and/or existing litigation, and /or discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE TIME NAME 10 010 rodamattonCity of el *rgunbo, California Farmers' Markets serve over 400 different communities throughout California with more than 4,000 California farmers participating in Farmers' Markets as the sole or major outlet for the fruits and vegetables produced on their farms Farmers' Markets are almost exclusively operated by nonprofit organizations or city agencies, and are operated to bring California's agricultural and urban communities together for their mutual benefit, increase communication, and mutual education The El Segundo Farmers' Market was first opened on July 1, 1999 as a vital component in the effort to revitalize the El Segundo Downtown and has been very successful in its seven years of operation The El Segundo Farmers' Markets has become an important harmonious community meeting place, with fresh produce, food vendors, craft booths and entertainment the Mayor and the City Council of the City of El Segundo, California, hereby proclaim July 20, 2006 as El Segundo Farmers' 1Marhet 7'i' Anniversary, and invite the citizens of El Segundo to visit Elie market from 3.00 p m. to 7 00 p in , every Thursday, and to participate with the City Council in the cake cutting V anniversary ceremony to he held on July 20th at 5.30 p m. Oil EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA MEETING DATE. July 18, 2006 AGENDA HEADING: Special Orders of Business Consideration and possible action to open a public hearing and Introduce an ordinance to amend El Segundo Municipal Code Chapter 15 -18 regulating the time, place, and mannerthat signs are erected and constructed within the City's jurisdiction (Fiscal Impact None) RECOMMENDED COUNCIL ACTION- 1 Open Public Hearing, 2 Discussion, 3 Introduction and first reading by title only of Ordinance for Zone Text Amendment No ZTA 06 -06, 4 Schedule second reading and adoption of Ordinance on August 1, 2006, and /or 5 Alternatively, discuss and take other action related to this Item BACKGROUND & DISCUSSION. On June 22, 2006, the Planning Commission held a public hearing on an amendment to El Segundo Municipal Code Chapter 15 -18 regulating the time, place, and mannerthat signs are erected and constructed within the City's jurisdiction. After receiving public testimony and reviewing the documents, the Planning Commission adopted Resolution No 2603 with two (Continued on next page ) ATTACHED SUPPORTING DOCUMENTS: 1 Draft Ordinance 2 Planning Commission Staff Report, dated June 22, 2006, including Resolution No. 2603 3 Draft Planning Commission Minutes, dated June 22, 2006 FISCAL IMPACT. None Operating Budget. N/A Amount Requested: N/A Account Number. N/A Project Phase, N/A Appropriation Required _ Yes X No ORIGIN ED BY DATE. Gary D Chi ts, Interim Director of Planning and Building Safety 012 1 STAFF REPORT- July 18, 2006 Page 2 BACKGROUND & DISCUSSION: (cont.) amendments (discussed below), recommending City Council approval of the project Project Analysis In January 2006 an application was filed with the Planning and Building Safety Department requesting that a sign using Light Emitting Diodes (LED) be allowed Current zoning provisions prohibit signs that flash, rotate, pulsate or move such that they create a traffic hazard Such signs maybe considered as animated signs Yet, there is no specific language in the code that sets standards with regard to signs that use LED's At the February 7, 2006 City Council meeting, the City Council considered an urgency ordinance prohibiting Animated Signs on a city wide basis This item would establish a moratorium against Animated Signs The City Council did not adopt the urgency ordinance but instead directed staff to review the sign provisions in the El Segundo Municipal Code (ESMC) and return with recommendations for any changes The proposed amendment was initiated by the Planning and Building Safety Department to modify several provisions of the sign regulations in the Municipal Code, including a revised sign definition and clarification of definitions of sign types (animated, changeable copy, light emitting diode or LED, and political signs), new provisions to standardize the use of LED signs, revisions to the requirements for real estate signs and temporary signs, a maximum height for monument/ground signs, and revisions to the requirements for abatement of signs Some of the proposed language changes are revisions to conform with state and federal law New language in ESMC Section 15- 18 -2.5 was inserted that specifically makes it unlawful to display signs on public property Public property includes streets, sidewalks, and City owned property Approval to use public property to display signs may be given by the City Council A new section in the ESMC, 15- 18 -7.5, was created that only addressed real estate signs. No change was made to the allowance of "For Sale" signs The significant change addressed temporary real estate signs, such as open house or directional signs Temporary directional signs are limited to nine square feet and only one sign is allowed per intersection as long as they are not placed on public property Staff researched Light Emitting Diodes (LED) signs and created language that staff believes allows for the use of LED signs as well as ensuring the use of LED signs does not create a traffic safety problem Signs using LED's are allowed in the commercial or industrial zones and can only be placed on monument/ground signs and freestanding /pole signs Due to the size limitations of monument/ground and freestanding /pole signs, the changeable copy portion of an LED sign is limited to a maximum of 75 square feet and 50% of the entire area of the size Signs using LED's are not allowed within 150 feet within any residential zone that is in the direct line of site. This provision protects a residence from any glare caused by the LED and allows LED's to be placed within 150 feet of a residential zone as long as the residential 013 STAFF REPORT- July 18, 2006 Page 3 BACKGROUND & DISCUSSION: (cont.) zone is not directly exposed to the LED sign. Additional language was inserted that restricted the LED to amber color and the changeable copy portion of the sign cannot change more than once every fifteen (15) minutes Staff proposed a 15 -minute time limit for the frequency of changeable copy thinking that it would clearly distinguish these provisions for LED signs from animated signs wherein the animation is continuous or changes on a much shorter time intervals such as a matter of seconds However, the Planning Commission is of the opinion that a much shorter time interval of 15 seconds is sufficient, consistent with a code interpretation issued by the Planning Commission for a specific project in January 2001. Planning and Budding Safety Staff proposed to add a maximum height for monument and ground signs of 25 feet. Currently, the height of monument and ground signs is only limited by the maximum height allowed in each zoning district within which it is located Thus, signs could vary significantly with a maximum height limit of 28 feet in the C -2 Zone and 200 feet in the C -3 Zone, for example. The Planning Commission concurred with Staff's concerns regarding the lack of adequate height controls. However, the Commission recommends a 6- foot height limit, which has been incorporated into the proposed Ordinance The Commission felt that the 6 -foot height limit is appropriate for monument and ground signs since there is an existing 25 -foot height limit for freestanding and pole signs that provides businesses with adequate design options In addition to the changes stated above, the final major change to the sign provisions is the amendment to the sign abatement proceedings The new provisions establish procedures of declaration of a public nuisance, noticing, proposed abatement, hearing, and removal The City Council must determine and declare by resolution that a sign is a public nuisance and illegal through a noticed public hearing process. Upon completion of the discussion at the June 22nd meeting, the Planning Commission recommended that the Council adopt the proposed ordinance regarding sign regulations with two modifications to limit the height of monument and ground signs to 6 feet in height and to allow the changeable copy of a LED sign to change once every fifteen (15) seconds. The attached ordinance includes these two modifications. General Plan Conformance The attached Planning Commission staff report dated June 22, 2006 provides in -depth analysis of the project and its conformance with the General Plan. Environmental Review In accordance with the California Environmental Quality Act (CEQA) Guidelines, the proposed 014 STAFF REPORT. July 18, 2006 BACKGROUND & DISCUSSION: (cont.) Page 4 project is exempt from the requirements of the California Environmental Quality Act The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, but rather will help reduce the Impact of signs on the environment. Accordingly, the proposed Ordinance constitutes a Class 1, Class 4, Class 5, and Class 8 categorical exemption Public Comments No comments were received from the public at the June 22, 2006 Planning Commission meeting with regards to the proposed Zone Text Amendment. Recommendation Staff recommends that the City Council Introduce an Ordinance to approve Zone Text Amendment No ZTA 06 -06 Staff will return to City Council for a second reading and adoption of the Ordinance on August 1, 2006 P \Planning & Building Safety\PROJECTS \EA- 715\2006 -07 -18 SignOrdinanceCCReport EA -715 doc 015 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 15 -18 OF THE EL SEGUNDO MUNICIPAL CODE REGULATING THE TIME, PLACE, AND MANNER THAT SIGNS ARE ERECTED AND CONSTRUCTED WITHIN THE CITY'S JURISDICTION. The City Council of the city of El Segundo does ordain as follows SECTION 1 • The City Council finds and declares as follows A A review of the El Segundo Municipal Code ( "ESMC ") shows that there are numerous updates that must be made to various regulations for zomng, subdivisions, and other, similar, matters, B This Ordinance is intended to update, clarify, and bring certain provisions of the City's sign regulations into conformance with current policies and procedures, C In adopting this Ordinance, the Council intends simply to regulate aesthetics, impose the community's design standards, and protect public health and safety, Nothing in this Ordinance is intended to affect the content of signage or to create a chilling effect on free speech, D The regulations adopted by this Ordinance are reasonable time, place, and manner restrictions needed to implement community standards of construction, design, and appearance, E When adopting this Ordinance, the City considered the entire administrative record concerning sign regulation including, without limitation, information set forth in staff reports presented to the El Segundo Planning Commission and City Council; photographic evidence presented by staff during its presentation to the Council, public testimony, the City's General Plan, the City's inventory of illegal or abandoned signs, guidelines for traffic safety issued by various public agencies including the California Department of Transportation, and other evidence set forth in the record or commonly known to the community, F Should any part of this Ordinance inadvertently regulate signs in a manner that does not conform with applicable laws, the Council intends that such regulation be interpreted and enforced in a manner that brings this Ordinance into conformance with such laws, G Where particular signs are defined based on their use, e g , construction signs or real estate signs, the Council intends that such signs be regulated based upon use, Page 1 of 18 016 placement, design, construction, and other, similar, reasons rather than the content of such signs; SECTION 2 Section 15 -1 -6 of the El Segundo Municipal Code ( "ESMC ") is amended as follows 1115 -1 -6: DEFINITIONS: Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this Title SIGN: Any structure, device, or material, temporary or permanent, fixed or portable, moving or stationary, whether located inside or outside a building, that is visible from any property where the primary l2gMose of the sign is to convey visual communication. "Sign" does not include the following A Interior signs that are located entirely within an enclosed structure and not visible from the exterior, B Building features that are only decorative or architectural and do not include lettering, trademarks, or moving parts, C Symbols of noncommercial organizations or concepts including, without limitation, religious or political symbols when they are permanently integrated into the structure of a building; D Items or devices of personal apparel, decoration or appearance including, without limitation, tattoos or makeup, L Marks on tangible products that identify the maker, seller, provider or product, and that customarily remain attached to the product even after completion of a sale; Page 2 of 18 017 F Traffic directional emergency, warning or informational signs required or authorized by a government agency having tunsdiction. G Public utility signs. H Advertisements or banners mounted on duly licensed mass transit vehicles including, without limitation, buses and trams, that legally pass through the city, Grave stones or grave markers, Insignia located on legal vehicles and water craft including, without limitation, license plates- registration insignia, noncommercial messages, messages relating to the business for which the vehicle is an instrument or tool, and messages relating to the proposed sale, lease or exchange of vehicles or watercraft: K Foundation stones and comer stones if cut into any masonry surface or inlaid to be part of a building when constructed of bronze or other incombustible material, an d L Newsracks and newsstands SIGN, ABANDONED- Anv sign which was lawfullv erected, but whose use has ceased or whose structure has been abandoned for a period of one (1) year A lawfully erected sign structure for a vacant property or building which is actively available for lease us not abandoned, unless the Planning and Building Safety Director determines the sign is a public nuisance, pursuant to Section 15 -18 -4 of this Title SIGN, ANIMATED: A sign with action or motion- flashing- or color changes requiring electrical energy, but not including wind- actuated elements such as flags banners,or specialty items, and public service signs such as time and temperature units Page 3 of 18 018 INN SIGN, ABANDONED- Anv sign which was lawfullv erected, but whose use has ceased or whose structure has been abandoned for a period of one (1) year A lawfully erected sign structure for a vacant property or building which is actively available for lease us not abandoned, unless the Planning and Building Safety Director determines the sign is a public nuisance, pursuant to Section 15 -18 -4 of this Title SIGN, ANIMATED: A sign with action or motion- flashing- or color changes requiring electrical energy, but not including wind- actuated elements such as flags banners,or specialty items, and public service signs such as time and temperature units Page 3 of 18 018 SIGN, CHANGEABLE COPY: A sign, or part of a sign, that includes commercial or noncommercial copy that can be changed through manual or electronic means, regardless of method of attachment or materials of construction SIGN, IDENTIFICATION A sign with copy that identifies only the name and street address of the building upon which it is placed. SIGN, LIGHT EMITTING DIODE OR LED: A sign incorporating light- emitting diodes (LED) to display commercial or noncommercial copv. SIGN, POLITICAL: A temporary freestanding sign with noncommercial copy erected for an upcoming election SECTION 3 ESMC § 15 -18 -1 is amended in its entirety to read as follows "15 -18 -1: PURPOSE: The purpose of this Chapter is to encourage the effective use of signs as a means of communication in the City, maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth, encourage signs which are integrated with and harmonious in size, design, style, material, and appearance to the buildings and sites which they occupy and surround, improve pedestrian and traffic safety, minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of these sign restrictions This Chapter is adopted pursuant to the City's police powers in furtherance of the more general goals set forth in the General Plan to regulate the tune, place, and manner that signs may be used within the City's lunsdictron." SECTION 4 ESMC § 15 -18 -2 is amended in its entirety to read as follows "15 -18 -2: APPLICABILITY: This chapter regulates signs placed on private and public property located within the city of El Segundo For signs on public property, this chapter applies only to public property owned or controlled by the City or such public property over which the City may exert its land use regulations A sign may only be erected and maintained in conformance with the requirements of this Chapter " SECTION 5 A new section 15 -18 -2 1 is added to the ESMC to read as follows: "15- 18 -2.1: MESSAGE SUBSTITUTION: Noncommercial copy may be substituted for any commercial copy on any sign that is allowed by this chapter, whether permitted or exempt. Noncommercial copy of any kind Page 4 of 18 0i-0 may be substituted for any other type of noncommercial copy on any sign that is allowed by this chapter whether by permit or exemption Message substitution may be made without any additional city approval or permitting. This section prevails over any more specific provision to the contrary within this chapter The purpose of this section is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message This section does not create a right to increase the total amount of signage on property, does not affect the permitting requirements of this chapter, and does not override terms and conditions in private contracts." SECTION 6 A new section 15 -18 -2 2 is added to the ESMC to read as follows: "15- 18 -2.2: COMPLIANCE WITH APPLICABLE LAW: All signs must comply with all applicable law including, without limitation, the umform building, electrical, plumbing, mechanical, and grading codes, at the time the sign is constructed and mounted for display Signs that are substantially rebuilt, remodeled, or refurbished must conform to all codes in effect at the time such work occurs " SECTION 7 Anew section 15 -18 -2 3 is added to the ESMC to read as follows- "15-18-2.3- VARIANCES AND CONDITIONAL USE PERMITS: Except as otherwise provided, all deviations from this chapter must comply with the variance procedures set forth in this code. Unless otherwise provided to the contrary, all sign regulations of conditional use permits are controlled by this chapter and must be processed without regard to the proposed message, content, or copy of proposed signs " SECTION 8 A new section 15- 18 -2.4 is added to the ESMC to read as follows "15- 18 -2.4: SIGN CLASSIFICATION: The Planning and Building Safety Director may classify every sign proposed to be erected within the city's jurisdiction in accordance with this chapter. Signs that do not clearly fall within one of the definitions provided by this chapter must be placed in a classification which the sign, based upon its design, location, physical characteristics, and purpose, most closely approximates. Unless appealed to the planning commission pursuant to this code, the Planning and Building Safety Director's decision is final " SECTION 9 A new section 15 -18 -2 5 is added to the ESMC to read as follows Page 5 of 18 0a0 "15- 18 -2.5: SIGNS ON PUBLIC PROPERTY. Unless otherwise provided by this chapter or by City Council resolution, it is unlawful to display signs on public property owned by the city " SECTION 10• A new section 15- 18 -6.1 is added to the ESMC to read as follows: "15- 18 -6.1: ADDITIONAL PERMIT REQUIREMENTS. A Uniform Code Permits. If required by the uniform codes adopted by this code, for example, the building, electrical or plumbing codes, persons seeking to erect, attach, or mstall signs, must first obtain a building permit, or other similar permit, before seeking a sign permit or, for exempt signs, erecting, attaching, or installing such signs B. Encroachment Permit If a sign requires an encroachment permit under this chapter, then the terms and conditions of the encroachment permit may be incorporated into the sign permit." SECTION 11. A new section 15 -18 -6 2 is added to the ESMC to read as follows "15- 18 -6.2: ALTERNATIVE PLACE OR MANNER: If the Planning and Building Safety Director denies a permit for a sign that would be acceptable by changing the sign's place or manner, then the Director must inform the applicant of such alternatives Should the applicant accept the alternative place or manner then the Director will issue a permit in accordance with this chapter." SECTION 12 A new section 15 -18 -6 3 is added to the ESMC to read as follows "15- 18 -6.3: CRITERIA FOR PERMIT CONSIDERATION: The Planning and Building Safety Director's determination whether or not to issue a permit and, if issued, what conditions are placed in a permit, must be guided solely by the standards and criteria set forth in this chapter " SECTION 13 A new section 15 -18 -6 4 is added to the ESMC to read as follows "15- 18 -6.4: EXPEDITED REVIEW: Pursuant to California Code of Civil Procedure § 1094 8(c), and any successor statute or regulation, the permits under this chapter are designated for expedited judicial review pursuant to the procedure set forth in California Code of Civil Procedure § 1094 8, or any successor statute or regulation." Page 6 of 18 1.i�1 SECTION 14. A new section 15 -18 -7 5 is added to the ESMC to read as follows "15- 18 -7.5: REAL ESTATE SIGNS A Real Estate Signs Real estate signs as defined in Civil Code § 713 Signs must comply with the following Signs must be displayed on private real property; One (1) sign may be placed on the real property to which it pertains in residential zones; three (3) signs may be placed on the real property to which they pertain in all other zones, 3. Signs cannot exceed six (6) square feet in residential zones or exceed the cumulative total of thirty -two (32) square feet for all other zones; 4 Before the City issues a certificate of occupancy, multifamily buildings must install one permanent sign standard or monument that is for the sole purpose of unit owners advertising their units The design for the sign standard and its location on the property must be approved by the Planning and Building Safety Director before its installation. The one -side surface area of the sign cannot exceed a cumulative total of nine (9) square feet B. Signs must be removed within five (5) day after the advertised property is sold, rented or leased C Temporary Real Estate Directional Signs. Signs that identify and provide directional information to any residential property that is offered for sale, or for rent for the first time Signs must comply with the following Signs must be located only along the most direct single route to the residential property along arterial streets; 2. Not more than one (1) sign is permitted at each intersection; Signs must be removed when the subject property is sold or, for temporary signs, when the event ends, 4. Signs cannot exceed nine (9) square feet in area, Signs cannot exceed five (5) feet in height; D. Relationship to applicable law- temporary real estate directional signs allowed Page 7of18 04"'2 under this section are in addition to those specifically allowed by state law." SECTION 15. ESMC § 15 -18 -8 is amended in its entirety to read as follows: "15 -18 -8: SIGNS IN NONRESIDENTIAL ZONES: The following development standards apply to signs in nonresidential zones A General Provisions All signs must be erected and maintained consistently with this Chapter B Freestanding Buildings. Freestanding buildings are allowed wall, fin, marquee, canopy, projecting, and roof signage up to five percent (5 %) of each building face C Store Fronts Store front shops are allowed signage up to fifteen percent (15 %) of the face of each shop front, including any wall, fin, marquee, canopy, projecting, and roof signs D Monument Or Ground Signs Monument or ground signs up to one hundred fifty (15 0) square feet of signage area per sign face and a maximum height of 6 feet are allowed. E Freestanding Or Pole Signs: For lots with multiple uses or multiple users, the number of freestanding or pole signs are limited to a total of one for each street on which the lots included in the plan have frontage and provide for common usage of such signs Up to one hundred fifty (150) square feet of signage area per sign face and a maximum height of 25 feet shall be permitted F Site Signage: On -site signage used for either ingress or egress, identification of facilities or similar features must be submitted as part of a sign plan G Directional Signs: Signs which provide directions to a business located on another property within the City, a maximum distance of five hundred feet (500') from the property on which the sign is located H Large Signs Any sign over five hundred (500) square feet in area is subject to City Council approval Temporary Signs- Except as otherwise provided, two (2) temporary signs not exceeding a cumulative total of six (6) square feet, are allowed at all times. Except for political signs, additional temporary signs may be displayed upon the City issuing a temporary sign permit, which is subject to the following requirements- Page 8 of 18 023 Special Event Or Sale Signs• A sign advertising a special event or sale, up to a maximum size of one hundred (100) square feet for a specified maximum thirty (30) day period is allowed, which may be renewed up to a total of one hundred twenty (120) days Animal or human beings, live or simulated, designed or used to attract attention to the premises may be used only as a special event or sale sign, provided they are not located on public property or in the public right of way Construction Signs- Signs identifying those persons engaged in construction up to a maximum of thirty two (32) square feet per construction site shall be allowed for a maximum period of six (6) months The Planning and Building Safety Director may grant up to three (3) separate six (6) month extensions. Announcement Signs One temporary construction "announcement" or "Coming Soon" sign up to a maximum size of one hundred (100) square feet for a new development or business may be erected and maintained from the time a building permit is issued until final inspection, but in no case may an announcement sign be displayed for more than one year Setbacks: Any sign may be erected and maintained in a required setback, provided a five foot (5) mimmum setback is maintained and the sign is not located in a required corner clearance or driveway visibility area K Works Of Art: Works of art, including decorative flags and murals, such as historical and community oriented murals, which are not for commercial purposes are permitted Such artworks may contain the name or identification of a commercial sponsor up to six (6) square feet in area or one percent (1 %) of the area of the artwork, whichever is less, and are subject to review by the Planning and Building Safety Director to determine if the extent of any commercial message in the mural is a minor component of the artwork The use of registered, copyrighted, or trademarked names, insignia or logos is permitted within the sponsor's portion of the artwork, but names, insignia, or logos larger than six (6) square feet or one percent (1 %) of the area of the artwork, whichever is less, may not include registration, copyright, or trademark symbols. Works of art shall be permitted to exceed five hundred (500) square feet without City Council approval L Identification One identification sign for each street frontage is allowed, provided the signs contain only the name and street address of the building upon which it is placed. The size of such signs must be counted as a portion of the maximum signs otherwise permitted on the property (e g , freestanding buildings, store fronts, and monument signs) Page 9 of 18 X44 M LED Signs: LED Signs are allowed as follows The LED sign must be located in a commercial or industrial zone at least one hundred fifty (150) feet from the boundary of a residential zone which is in direct line of site LED signs may have up to two faces 2. Light emitting diodes comprising LED signs can only emit amber light. The changeable copy portion of the sign cannot exceed fifty percent (50 %) of the area of the total sign area 4 The LED sign may only be apart of the following signs monument, ground, pole, or freestanding. The changeable copy portion of the sign cannot change more than once every fifteen (15) seconds 6. All LED signs must have ambient light monitors installed and must at all times allow such monitors to automatically adjust the brightness level of the LED sign based on ambient light conditions. At no time may the LED sign be operated at a brightness level greater than the manufacturer's recommended levels The changeable copy must be monochromatic. It must utilize a dark background with only the message or image lit in an amber color Only text, without graphical depictions, can be included with the changeable copy on LED signs Permit applications for LED signs must include a copy of the manufacturer's operating manual, including any recommended standards for brightness and other display operations. SECTION 16 ESMC § 15 -18 -9 is amended in its entirety to read as follows "15 -18 -9: SIGNS IN RESIDENTIAL ZONES: The following sign regulations apply to residential zones: A Identification Signs One identification sign per lot is allowed, not to exceed twenty (20) square feet in area, provided the sign does not extend above or out from the front wall, and contains only the name and street address of the building upon which it is placed B Nonresidential Uses; Unlit Signs. Nonresidential uses in the R -3 Zone are allowed Page 10 of 18 0 45 one unlit sign, not to exceed twelve (12) square feet in size, which pertains only to the sale, lease or hire of the particular building, property, or premises on which it is displayed C Wall Signs- Permitted nonresidential uses in residential zones that are currently in compliance with this Code, except home occupation businesses, are permitted one wall sign, not to exceed six (6) square feet in size for the purpose of identifying the business located on the property. D Works Of Art: Works of art, including decorative flags and murals, such as historical and community oriented murals, wluch are not for commercial purposes are permitted Such artworks may contain the name or identification of a commercial sponsor up to six (6) square feet in area or one percent (1 %) of the area of the artwork, whichever is less, and are subject to review by the Planning and Building Safety Director to determine if the extent of any commercial message in the mural is a minor component of the artwork The use of registered, copyrighted, or trademarked names, insignia or logos is permitted within the sponsor's portion of the artwork, but names, msigma, or logos larger than six (6) square feet or one percent (1 %) of the area of the artwork, whichever is less, may not include registration, copyright, or trademark symbols Works of art are not allowed to exceed five hundred (500) square feet without City Council approval." E Temporary Signs Except as otherwise provided, two (2) temporary sign not exceeding a cumulative total of six (6) square feet, are allowed at all times. Except for political signs, additional temporary signs may be displayed upon the City issuing a temporary sign permit, which is subject to the following requirements Construction Signs. Signs identifying those persons engaged in construction up to a maximum of thirty two (32) square feet per construction site shall be allowed for a maximum period of six (6) months The Planning and Building Safety Director may grant up to three (3) separate six (6) month extensions. 2. Announcement Signs One temporary construction "announcement" or "Coming Soon" sign up to a maximum size of six (6) square feet for a new development may be erected and maintained from the time a bwldmg permit is issued until final inspection, but in no case may an announcement sign be displayed for more than one year. SECTION IT ESMC § 15 -18 -10 is amended in its entirety to read as follows "15- 18 -10: SIGNS EXEMPT FROM PERMITTING: The following signs are exempt from obtaining a sign permit, but all signs must comply with the comer clearance and driveway visibility provisions of Chanter 2 of this Title Page 11 of 18 026 A Public Notice Or Warning. Any public notice or warning required by a valid and applicable Federal, State, or local law, regulation, or ordinance, including. Official notices used by any court, public body, official, public officer in the performance of a public duty, or person giving legal notice, and 2 Directional, warning, or information signs of a public or semi -public nature, established and maintained by an official body B Inside Building Any sign inside a building, not attached to a window or door, and not legible from a distance of more than three feet (Y) beyond the lot line of the lot or parcel on which such a sign is located. C Traffic-Control- Traffic - control signs on private property, (e.g., stop, yield, and similar signs), the face of which meet California Department of Transportation or City public works standards and contain no commercial message D Building Markers Building marker signs. E. Flags: Official flags of the United States, the State of California, and other states of the nation, counties, municipalities; official flags of foreign nations, and nationally or internationally recognized organizations, including corporations. F Lights Strings of light bulbs used for traditional holiday decorations, during the appropriate holiday period, which do not contain commercial copy or are not used for commercial purposes G Political Political signs are allowed in any zone subject to the following: 1 Such signs cannot exceed four (4) square feet in area 2 Such signs must be removed not later than forty eight (48) hours after the election or ballot measure for which they are intended " SECTION 18 ESMC § 15 -18 -11 is amended in its entirety to read as follows 15- 18 -11: PROHIBITED SIGNS: All signs not expressly permitted under this Chapter are prohibited Such signs include, but are not limited to A Beacon signs, used in connection with commercial premises for commercial purposes Page 12 of 18 027 B Balloons or other inflated devices or signs used in connection with commercial premises for commercial purposes. C Flags and pennants, except those exempt under the previous section D Signs which emit sounds (except ordering menu boards at drive - thrus), odor, or visible matter, such as smoke or steam. E Strings of lights not permanently mounted to a rigid background, except those exempt under the previous section F. Trailer or portable signs G Notwithstanding any other provisions of this Title, no outdoor advertising structure, outdoor advertising display, or billboard, regardless of size, which does not advertise the business conducted or services rendered or the goods produced or sold upon the property upon which the sign is placed shall be placed within five hundred feet (500) of either side of a State or County freeway or highway in a manner which makes the sign thereon visible to persons or passengers upon any such thoroughfare H Animated signs. Strobe lights used in signs. SECTION 19 ESMC § 15 -18 -15 is amended in its entirety to read as follows "15- 18 -15: ABATEMENT OF SIGNS. Whenever the permittee, property owner, or person in possession or control of the property fails to comply with a director's order requiring compliance with this chapter, the city may abate any such sign in the following manner A Declaration of Nuisance- The City Council may declare, by resolution, as public nuisances and abate all illegal signs within its jurisdiction The resolution must describe the property upon which or in front of which the nuisance exists by stating the lot and block number according to the county assessor's map and street address, if known. Any number of parcels of private property may be included in one resolution. B Notice of Hearing Before the City Council adopts the resolution, the City Clerk must mail not less than ten (10) days' written notice to all persons owning the property described in the proposed resolution as determined by the last equalized Page 13 of 18 U4. assessment roll available on the date the notice is prepared. In addition, the notice must be sent to all known persons, if any, in possession or control of such property if their names are different from those appearing on the assessment roll, and to the permittee, if any. The notice must state the date, time and place of the hearing and generally describe the purpose of the hearing and the nature of the illegal sign C Posting of Notice After a resolution is adopted, the enforcement officer must cause notices to be conspicuously posted on or in front of the property on or in front of which the illegal sign exists Notice must be substantially in the following form: NOTICE TO REMOVE ILLEGAL SIGN Take Notice that on the — day of 20_, the El Segundo City Council adopted a resolution declaring that an illegal sign is located on or in front of this property which constitutes a public nuisance. The sign must be abated by being removed. Failure to remove the sign will result in the City taking action to remove it The cost of such removal will be assessed upon the property from or in front of which the sign is removed and will constitute a lien upon the property until paid. Refer to the resolution for further particulars A copy of this resolution is on file in the office of the City Clerk All property owners having any objection to the proposed removal of the sign are notified to attend a meeting of the City Council of the City of El Segundo to be held on at a.m./p m at( location . ), when their objections will be heard and given due consideration Dated this _ day of 20 City Clerk City of El Segundo 3. This notice must be posted at least ten (10) days before the time for hearing objections by the City Council D Written Notice of Proposed Abatement In addition to posting notice of the resolution and notice of the meeting when objections will be heard, the City Council must direct the City Clerk to mail written notice of the proposed abatement to the all persons owning the property described in the resolution The City Clerk must cause the written notice to be mailed to each person on whom the described property is assessed in the last equalized assessment roll available on the date the Page 14 of 18 U29 City Council adopted its resolution The City Clerk must confirm with the county assessor the names and addresses of all the persons owning the property described in the resolution The address of a property owner shown on the assessment roll is conclusively deemed to be the proper address for the purpose of mailing the notice If the county of Los Angeles poses any charges upon the city for the actual costs of furnishing the list, the city will reimburse the County and such costs shall be a part of the cost of abatement assessed against the property owner. 1 The notices mailed by the City Clerk must be mailed at least ten (10) days before the time for hearing objections by the City Council The notices mailed by the clerk must be substantially in the form of notice set forth above. E Heanng-- Continuances-- Ob9ections -- Finality of Decision- -Order to Abate. At the time stated in the notices, the City Council will hear and consider all objections to the proposed removal of the sign. It may continue the hearing from time to time. By motion or resolution at the conclusion of the hearing, the City Council will allow or overrule any objections. At that time, the city acquires jurisdiction to proceed and perform the work of removal 2 The City Council's decision is final If objections are not been made, or after the City Council has disposed of those made, the council will order the enforcement officer to abate the nuisance by having the sign removed. The order must be made by motion or resolution F Entry Upon Private Property The enforcement officer or city contractor may enter private property to abate the nuisance. G Removal by Owner -- Special Assessment and Lien for Costs. Before the enforcement officer takes action, the property owner or person in possession or control of the property may remove the illegal sign at the owner's own cost and expense Notwithstanding such action, in any matter in which an order to abate was issued, the City Council may, by motion or resolution, further order that a special assessment and lien be limited to the costs incurred by the city in enforcing abatement upon the property, including investigation, boundary determination, measurement, clerical, legal and other related costs H. Cost of Abatement, Itemization Page 15 of 18 i)O� The enforcement officer will keep an account of the cost of abatement of an illegal sign Such officer must submit to the City Council, for confirmation, an itemized written report showing that cost. 2 A copy of the report must be posted at least three (3) days before being submitted to the City Council, on or near the City Council chambers door, with notice of the time of submission. At the time fixed for receiving and considering the report, the City Council will hear it with any objections of the property owners liable to be assessed for the abatement. The City Council may modify the report if it is deemed necessary. The City Council may then confirm the report by motion or resolution Abatement by Contract. The nuisance may, in the sole discretion of the City Council, be abated by performance on a contract awarded by the City Council on the basis of competitive bids let to the lowest responsible bidder. The contractor performing the contract must keep an itemized account and submit such itemized written report for each separate parcel of property required by this section. Special Assessment and Lien The cost incurred by the city in enforcing abatement upon the parcel or parcels, including investigation, boundary determination, measurement, clerical, legal or other related costs, are a special assessment against that parcel After the assessment is made and conformed, a hen attaches on the parcel upon recordation of the order confirming the assessment in the office of the Los Angeles County Recorder. In the event any real property to which a lien would attach was transferred or conveyed to a bona fide purchaser for value, or if the hen of a bona fide encumbrancer for value was created and attaches thereon, before the date on which the first installment of the assessment would become delinquent, the lien which would otherwise be imposed by this section will not attach to the real property and the costs of abatement and the costs of enforcing abatement, as confirmed, relating to the property will be transferred to the unsecured roll for collection. 2. Upon confirmation of the report, a copy must be given to the County Assessor and Tax Collector, who will add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes. The city must file a certified copy of the report with the County Assessor, Tax Collector and County Auditor on or before August 10th of each calendar year. The description of the parcels reported must be those used Page 16 of 18 031 for the same parcels on the Los Angeles County Assessor's map books for the current year 4 The city may request the County Auditor to enter each assessment on the county tax roll opposite the parcel of land The city will further request the County Auditor to collect the amount of the assessment at the time and in the manner of ordinary municipal taxes. Any delinquencies in the amount due are subject to the same penalties and procedures of foreclosure provided for ordinary municipal taxes. 6. The city acknowledges that the County Tax Collector may collect assessments without reference to the general taxes by issuing separate bills and receipts for the assessments It is further acknowledged that the hen of assessment has the priority of the taxes with which it is collected, and further, that all laws relating to levy, collection and enforcement of county taxes apply to these special assessments. K Issuance of Receipts for Abatement Costs. The enforcement officer may receive the amount due on the abatements costs and issue receipts at any time after the confirmation of the report and until ten (10) days before a copy is given to the Assessor and Tax Collector or, where a certified copy is filed with the County Auditor, until August Ist following the confirmation of the report. L Refund of Assessments. The City Council may order a refund of all or part of an assessment pursuant to this section if it finds that all or part of the assessment was erroneously levied An assessment, or part thereof, will not be refunded unless a claim is filed with the City Clerk on or before November 1st after the assessment has become due and payable. The claim must be verified by the person who paid the assessment or by the person's guardian, conservator, executor or administrator " SECTION 20- Environmental Assessment The City Council determines that this Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq , "CEQA ") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "State CEQA Guidelines ") because it consists only of minor revisions and clarifications to an existing zoning code and specification of procedures related thereto and will not have the effect of deleting or substantially changing any regulatory standards or findings required therefor. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, but rather will help reduce the impact of signs on the environment Accordingly, the proposed Ordinance constitutes a Class 1, Class 4, Class 5, and Class 8 categorical exemption. SECTION 21 Repeal of any provision of the ESMC herein will not affect any penalty, Page 17 of 18 V V 2 forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 22: 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 23 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 24 This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption PASSED AND ADOPTED this _ day of , 2006 Kelly McDowell, Mayor ATTEST Cindy Mortesen, City Berger, Assiyt'ant City Attorney P \Planning and Budding Safety \Projecis\EA715\2006 -07 -18 Sign Code Ordinance EA715 doc Page 18 of 18 0;33 CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC MEETING: June 22, 2006 SUBJECT: Environmental Assessment No. EA -715 & Zone Text Amendment (ZTA) No. 06 -06 APPLICANT: City of El Segundo PROPERTY OWNER: Various REQUEST: A Zone Text Amendment to amend El Segundo Municipal Code (SSMC) Chapter 15 -18 regulating the time, place, and manner that signs are erected and constructed within the City's jurisdiction. PROPERTY INVOLVED: Various -City Wide Introduction The Planning and Building Safety Department is requesting that the Planning Commission review the proposed ordinance that amends the City's zoning regulations regarding signs 11. Recommendation Staff recommends that the Planning Commission adopt Resolution No 2603 recommending that the City Council adopt the proposed zone text amendments III. Analysis In January 2006 an application was filed with the Planning and Building Safety Department requesting that a sign using Light Emitting Diodes (LED) be allowed. Current zoning provisions prohibit signs that flash, rotate, pulsate or move such that they create a traffic hazard Such signs may be considered as animated signs Yet, there is no specific language in the code that sets standards with regard to signs that use LEDs At the February 7, 2006 City Council meeting, Council Member Jim Boulgandes presented an urgency ordinance prohibiting Animated Signs on a city wide basis This item would establish a moratorium against Animated Signs The City Council did not adopt the urgency ordinance but instead directed staff to review U34 EA -715, ZTA 06 -06 Various the sign provisions in the El Segundo Municipal Code (ESMC) and return with recommendations for any changes After reviewing the existing provisions in the ESMC, staff determined that some language in the code should be revised to conform with state and federal law. In addition, staff proposes new provisions to standardize the use of LED signs Staff proposes to modify several provisions of the sign regulations in the ESMC A new definition is added to clarify the description of "sign" and to identify the difference between signs using Light Emitting Diodes and signs that are considered to be animated Light Emitting Diodes are small pin points of light that when illuminated in a unique order, convey a specific message or graphic. Animated signs may use various ways to communicate, such as through the use of motion, moving elements, or through the use of lighting. Signs that use LEDs have the ability to be animated Since animated signs are prohibited in the ESMC, staff proposes standards that limit the use of animation in LED signs The limitations are that no graphics are allowed and the changeable copy portion must remain fixed for at least fifteen minutes. In addition, proposed ESMC Section 15- 18 -2.1 would establish the allowance for message substitution This new provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech It allows the copy portion of the sign to be changed regardless of its statement New language, ESMC Section 15 -18 -2 5 was inserted that specifically makes it unlawful to display signs on public property Public property includes streets, sidewalks, and City owned property. Approval to use public property to display signs may be given by the City Council A new section in the ESMC, 15- 18 -7.5, was created that only addressed real estate signs No change was made to the allowances of "For Sale" signs The significant change addressed temporary real estate signs, such as open house or directional signs. Temporary directional signs are limited to nine square feet and only one sign is allowed per intersection as long as-they are not placed on public property While the City's codes do regulate construction of signs, the El Segundo Municipal Code ( "ESMC ") does not define or fully regulate Animated Signs These kinds of signs can affect traffic patterns, produce light nuisances„ and otherwise affect the public health, safety, and welfare The only identifiable regulation of Animated Signs is a January 11, 2001 Planning Commission determination that purports to affect light emitting diode (or "LED ") signs on a city -wide basis That decision imposed regulations for a LED sign as follows. 1 Only white LED was permitted (red poses a traffic hazard), 2 U,.3J EA- 715, ZTA 06 -06 Various 2 Only text was permitted for LED signs (no graphic images), 3 No flashing, scrolling, rolling or twinkling text was permitted —the text must not be animated; and 4. The copy must be shown for at least fifteen (15) seconds before it could be changed The Planning Commission's decision, however, was project specific and did not establish objective standards of general application for subsequent Animated Sign projects While a Planning Commission determination can have great import in determining City policy, a decision made by the Planning Commission for a particular project cannot extend to the City's entire jurisdiction and constitute regulation for all subsequent projects Such decision - making authority lies exclusively with the City Council and should be codified within the ESMC Staff researched Light Emitting Diodes (LED) signs and created language that staff believes allows for the use of LED signs as well as ensuring the use of LED signs does not create a traffic safety problem Signs using LEDs are allowed in the commercial or industrial zones and can only be placed on monument/ground signs and freestanding /pole signs. Due to the size limitations of monument/ground and freestanding /pole signs, the changeable copy portion of an LED sign is limited to a maximum of 75 square feet and 50% of the entire area of the size. Signs using LEDs are not allowed within 150 feet within any residential zone that is in the direct line of site This provision protects a residence from any glare caused by the LED and allows LEDs to be placed within 150 feet of a residential zone as long as the residential zone is not directly exposed to the LED sign Additional language was inserted that restricted the LED to amber color and the changeable copy portion of the sign cannot change more than once every fifteen (15) minutes. In addition to the changes stated above, the final mayor change to the sign provisions is the amendment to the sign abatement proceedings The new provisions establish procedures of declaration of a public nuisance, noticing, proposed abatement, hearing, and removal that conform with State law. IV. General Plan The proposed amendment to the sign regulations is in conformance with the General Plan in that the proposed modifications conform to Land Use Element Objective LU1 -5 to recognize the City as a comprehensive whole and create polices, design standards and monumentation that will help create a sense of place for the entire City; Land Use Element Policy LU1 -5.2 to adopt a comprehensive sign ordinance which will regulate the quantity, quality, and location of signs; Land Use Element Objective LU1 -2 to prevent deterioration and blight throughout the City, Land Use Element Policy LU1 -2 2 to prevent 3 EA -715, ZTA 06 -06 Various deterioration and blight, properties should be maintained at all times in accordance with City of El Segundo codes Additionally, the proposed sign regulations conform to Circulation Element Policy C1 -19 to provide all residential, commercial, and industrial areas with efficient and safe access for emergency vehicles which would be achieved through the implementation of the driveway and intersection clearance requirements to maintain adequate visibility VI. Environmental Review The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, but rather will help reduce the impact of signs on the environment Accordingly, the proposed Ordinance constitutes a Class 1, Class 4, Class 5, and Class 8 categorical exemption VII. Conclusion Staff recommends that the Planning Commission adopt Resolution No. 2603 which recommends that the City Council adopt the proposed ordinance which amends the signage provisions in El Segundo Municipal Code (ESMC) Title 15 Chapter 18 VIII. Attachments A Draft Planning Commission Resolution No. 2603 including Ordinance B Underline Strikeout format of the changes to the code "W', (; Ki berly Christ risen Planning Manager Seimone rnn Jurl irk for Plang and'Bwl6ing Safety 4 03 RESOLUTION NO. 2603 A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT ENVIRONMENTAL ASSESSMENT NO. 715 AND ZONE TEXT AMENDMENT NO. 06 -06 TO AMEND EL SEGUNDO MUNICIPAL CODE CHAPTER 15 -18 REGARDING SIGNS. The Planning Commission of the City of El Segundo does resolve as follows SECTION 1 The Planning Commission finds and declares that A On June 5, 2006, the City of El Segundo initiated an application for Environmental Assessment No EA -715 and Zone Text Amendment No 06 -6 for amendments to Chapter 15 -18 of the El Segundo Municipal Code ( "ESMC ") regulating signs A draft ordinance implementing the proposed zone text amendments is attached as Exhibit 'A," and incorporated by reference, B The application was prepared and reviewed by the City's Planning and Budding 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 this Commission for June 22, 2006, E On June 22, 2006, the Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information set forth in the staff report Following the public hearing, the Commission considered the evidence, and F This Resolution, and its findings, are made based upon the evidence presented to the Commission at its June 22, 2006, hearing including, without limitation, the staff report submitted by the Planning and Budding Safety Department SECTION 2 Environmental Assessment The Planning Commission determines that the proposed ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq , "CEQA ") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et pp ] EA -715, ZTA 06-06 il 0 O Various seq , the "State CEQA Guidelines ") because it consists only of minor revisions and clarifications to an existing zoning code and specification of procedures related thereto and will not have the effect of deleting or substantially changing any regulatory standards or findings required therefor The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, but rather will help reduce the impact of signs on the environment Accordingly, the proposed Ordinance constitutes a Class 1, Class 4, Class 5, and Class 8 categorical exemption SECTION 3 General Plan Findings As required under Government Code § 65454 the ESMC amendments proposed by the Ordinance are consistent with the City's General Plan as follows A The amendment to the El Segundo Municipal Code relating to the City's sign regulations conforms with several Land Use Element Goals, Objectives and Policies Specifically, the amendment is consistent with Goal LU1 -5, Policy LU1- 5 2, Objective LU1 -2, and Policy LU1 -2.2, in that the amendment to the Specific Plan will recognize the City as a comprehensive whole and create polices, design standards and monumentation that will help create a sense of place for the entire City, will adopt a comprehensive sign ordinance which will regulate the quantity, quality, and location of signs; and will prevent deterioration and blight throughout the City by maintaining property at all times in accordance with City of El Segundo codes B The amendment to the El Segundo Municipal Code relating to the City's sign regulations conforms with Circulation Element Policy C1 -1.9 to provide all residential, commercial, and industrial areas with efficient and safe access for emergency vehicles which would be achieved through the implementation of the driveway and intersection clearance requirements to maintain adequate visibility along public - rights -of -way SECTION 4 Zone Text Amendment Findings Based on'the factual findings of this Resolution, the proposed Zone Text Amendment is necessary to carry out the proposed project and to establish development standards for signs SECTION 5 Recommendations The Planning Commission recommends that the City Council adopt the Ordinance set forth in attached Exhibit "A," and incorporated by reference, implementing amendments to the City's sign regulations SECTION 6 Reliance on Record Each and every one of the findings and determination in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project The findings and determinations constitute the independent findings and determinations of the Planning Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole -2- VJ� SECTION 7 This Resolution will remain effective until superseded by a subsequent resolution SECTION 8 The Commission Secretary is directed to mail a copy of this Resolution to any person requesting a copy SECTION 9 This Resolution may be appealed within ten (10) calendar days after its adoption All appeals must be in writing and filed with the City Clerk within this time period Failure to file a timely written appeal will constitute a waiver of any right of appeal PASSED AND ADOPTED this 22nd day of June, 2006 ATTEST Seimone Jurps, Secretary Michael Kretzmer, Chairperson City of El Segundo Planning Commission Kretzmer - Frick - Fellhauer - Rotolo - Wagner - APPROVED AS TO FORM Mark D Hensley, City Attorney 0 Karl H Berger, Assistant City Attorney 3 EA -715, ZTA 06 -06 v4� Various ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 15 -18 OF THE EL SEGUNDO MUNICIPAL CODE REGULATING THE TIME, PLACE, AND MANNER THAT SIGNS ARE ERECTED AND CONSTRUCTED WITHIN THE CITY'S JURISDICTION. The City Council of the city of El Segundo does ordain as follows SECTION 1 The City Council finds and declares as follows A A review of the El Segundo Municipal Code ( "ESMC ") shows that there are numerous updates that must be made to various regulations for zoning, subdivisions, and other, similar, matters, B This Ordinance is intended to update, clarify, and bring certain provisions of the City's sign regulations into conformance with current policies and procedures, C In adopting this Ordinance, the Council intends simply to regulate aesthetics, impose the community's design standards, and protect public health and safety Nothing in this Ordinance is intended to affect the content of signage or to create a chilling effect on free speech, D The regulations adopted by this Ordinance are reasonable time, place, and manner restrictions needed to implement community standards of construction, design, and appearance; E When adopting this Ordinance, the City considered the entire administrative record concerning sign regulation including, without limitation, information set forth in staff reports presented to the El Segundo Planning Commission and City Council, photographic evidence presented by staff during its presentation to the Council, public testimony, the City's General Plan, "the City's inventory of illegal or abandoned signs, guidelines for traffic safety issued by various public agencies including the Califorma Department of Transportation, and other evidence set forth in the record or commonly known to the community, F Should any part of this Ordinance inadvertently regulate signs in a manner that does not conform with applicable laws, the Council intends that such regulation be interpreted and enforced in a manner that brings this Ordinance into conformance with such laws, G Where particular signs are defined based on their use, e g, construction signs or real estate signs, the Council intends that such signs be regulated based upon use, placement, design, construction, and other, similar, reasons rather than the content Page 1 of 18 EA -715, ZTA o6 -o6 041 Various of such signs, SECTION 2 Section 15 -1 -6 of the El Segundo Municipal Code ( "ESMC ") is amended as follows "15 -1 -6: DEFINITIONS: Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this Title SIGN: Any structure, device, or material, temporary or permanent, fixed or portable, moving or stationary, whether located inside or outside a building, that is visible from an v propem, where the primary purpose of the sign is to convey visual communication "Sien" does not include the following A Interior signs that are located entirely within an enclosed structure and not visible from the exterior, B Building features that are only decorative or architectural and do not include lettenng. trademarks, or moving parts, C Symbols of noncommercial organizations or concepts including without limitation, religious or political symbols when they are permanently integrated into the structure of a building, D Items or devices of personal apparel- decoration or appearance including, without limitation, tattoos or makeup. E Marks on tangible products that identify the maker, seller, provider or product, and that customanly remain attached to the product even after completion of a sale, Page 2 of 18 IN SIGN: Any structure, device, or material, temporary or permanent, fixed or portable, moving or stationary, whether located inside or outside a building, that is visible from an v propem, where the primary purpose of the sign is to convey visual communication "Sien" does not include the following A Interior signs that are located entirely within an enclosed structure and not visible from the exterior, B Building features that are only decorative or architectural and do not include lettenng. trademarks, or moving parts, C Symbols of noncommercial organizations or concepts including without limitation, religious or political symbols when they are permanently integrated into the structure of a building, D Items or devices of personal apparel- decoration or appearance including, without limitation, tattoos or makeup. E Marks on tangible products that identify the maker, seller, provider or product, and that customanly remain attached to the product even after completion of a sale, Page 2 of 18 F Traffic, directional. emergency, warning or informational signs required or authorized by a government agency having lunsdiction, G Public utility signs, H Advertisements or banners mounted on duly licensed mass transit vehicles including, without limitation, buses and trains, that legally pass through the city, Grave stones or grave markers, Insignia located on legal vehicles and water craft including, without limitation, license plates, registration insignia, noncommercial messages, messages relating to the business for which the vehicle is an instrument or tool. and messages relating to the DroDosed sale. lease or exchange of vehicles or watercraft K Foundation stones and comer stones if cut into any masonry surface or inlaid to be part of a building when constructed of bronze or other incombustible material. and L Newsracks and newsstands SIGN, ABANDONED Any sign which was lawfully erected, but whose use has ceased or whose structure has been abandoned for a period of one (1) year A lawfully erected sign structure for a vacant property or building which is actively available for lease us not abandoned, unless the Planning and Building Safety Director determines the sign is a public nuisance, pursuant to Section 15 -18-4 of this Title SIGN, ANIMATED• A sign with action or motion, flashing, or color changes requiring electncal energy, but not including wind- actuated elements such as flags, banners, or specialty items, and public service signs such as time and temperature units Page 3 of 18 u43 -- -- - ... ` 01 Al I SIGN, ABANDONED Any sign which was lawfully erected, but whose use has ceased or whose structure has been abandoned for a period of one (1) year A lawfully erected sign structure for a vacant property or building which is actively available for lease us not abandoned, unless the Planning and Building Safety Director determines the sign is a public nuisance, pursuant to Section 15 -18-4 of this Title SIGN, ANIMATED• A sign with action or motion, flashing, or color changes requiring electncal energy, but not including wind- actuated elements such as flags, banners, or specialty items, and public service signs such as time and temperature units Page 3 of 18 u43 SIGN. CHANGEABLE COPY: A sign, or part of a sign, that includes commercial or noncommercial copy that can be changed through manual or electronic means, regardless of method of attachment or materials of construction SIGN, IDENTIFICATION A sign with copy that identifies only the name and street address of the building upon which it is placed SIGN, LIGHT EMITTING DIODE OR LED: A sign incorporating light- emitting diodes (LED) to display commercial or noncommercial copv SIGN, POLITICAL: A temporary freestanding sign with noncommercial copy erected for an upcoming election SECTION 3 ESMC § 15 -18 -1 is amended in its entirety to read as follows "15 -18 -1: PURPOSE: The purpose of this Chapter is to encourage the effective use of signs as a means of communication in the City, maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth, encourage signs which are integrated with and harmonious in size, design, style, material, and appearance to the buildings and sites which they occupy and surround; improve pedestrian and traffic safety, minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of these sign restrictions This Chapter is adopted pursuant to the City's police powers in furtherance of the more general goals set forth in the General Plan to regulate the time, place, and manner that signs may be used within the City's jurisdiction " SECTION 4 ESMC § 15 -18 -2 is amended in its entirety to read as follows "15 -18 -2: APPLICABILITY: This chapter regulates signs placed on private and public property located within the city of El Segundo For signs on public property, this chapter applies only to public property owned or controlled by the City or such public property over which the City may exert its land use regulations A sign may only be erected and maintained in conformance with the requirements of this Chapter " SECTION 5 A new section 15 -18 -2 1 is added to the ESMC to read as follows "15- 18 -2.1: MESSAGE SUBSTITUTION: Noncommercial copy may be substituted for any commercial copy on any sign that is allowed by this chapter, whether permitted or exempt Noncommercial copy of any kind Page 4 of 18 A4 may be substituted for any other type of noncommercial copy on any sign that is allowed by this chapter whether by permit or exemption Message substitution may be made without any additional city approval or permitting This section prevails over any more specific provision to the contrary within tlus chapter The purpose of this section is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message This section does not create a right to increase the total amount of signage on property, does not affect the permitting requirements of this chapter, and does not override terms and conditions in private contracts " SECTION 6 A new section 15 -18 -2 2 is added to the ESMC to read as follows "15- 18 -2.2: COMPLIANCE WITH APPLICABLE LAW: All signs must comply with all applicable law including, without limitation, the uniform building, electrical, plumbing, mechanical, and grading codes, at the time the sign is constructed and mounted for display Signs that are substantially rebuilt, remodeled, or refurbished must conform to all codes in effect at the time such work occurs " SECTION 7 A new section 15 -18 -2 3 is added to the ESMC to read as follows "15- 18 -2.3: VARIANCES AND CONDITIONAL USE PERMITS: Except as otherwise provided, all deviations from this chapter must comply with the variance procedures set forth in this code Unless otherwise provided to the contrary, all sign regulations of conditional use permits are controlled by this chapter and must be processed without regard to the proposed message, content, or copy of proposed signs." SECTION 8 A new section 15 -18 -2 4 is added to the ESMC to read as follows "15- 18 -2.4: SIGN CLASSIFICATION: The Planning and Building Safety Director may classify every sign proposed to be erected within the city's jurisdiction in accordance with this chapter Signs that do not clearly fall within one of the definitions provided by this chapter must be placed in a classification which the sign, based upon its design, location, physical characteristics, and purpose, most closely approximates Unless appealed to the planning commission pursuant to this code, the Planning and Building Safety Director's decision is final " SECTION 9 A new section 15 -18 -2 5 is added to the ESMC to read as follows- Page 5 of 18 045 "15- 18 -2.5: SIGNS ON PUBLIC PROPERTY. Unless otherwise provided by this chapter or by City Council resolution, it is unlawful to display signs on public property owned by the city " SECTION 10 A new section 15 -18 -6 1 is added to the ESMC to read as follows "15- 18 -6.1: ADDITIONAL PERMIT REQUIREMENTS. A Uniform Code Permits If required by the umform codes adopted by this code, for example, the bwldmg, electrical or plumbing codes, persons seeking to erect, attach, or mstall signs, must first obtain a building permit, or other similar permit, before seeking a sign permit or, for exempt signs, erecting, attaching, or installing such signs B Encroachment Permit If a sign requires an encroachment permit under this chapter, then the terms and conditions of the encroachment permit may be incorporated into the sign permit " SECTION 11 A new section 15- 18 -6.2 is added to the ESMC to read as follows "15- 18 -6.2: ALTERNATIVE PLACE OR MANNER: If the Planning and Building Safety Director denies a permit for a sign that would be acceptable by changing the sign's place or manner, then the Director must inform the applicant of such alternatives Should the applicant accept the alternative place or manner then the Director will issue a permit in accordance with this chapter " SECTION 12 A new section 15- 18 -6.3 is added to the ESMC to read as follows. "15- 18 -6.3: CRITERIA FOR PERMIT CONSIDERATION: The Planning and Building Safety Director's determination whether or not to issue a permit and, if issued, what conditions are placed in a permit, must be guided solely by the standards and cntena set forth in this chapter " SECTION 13 A new section 15 -18 -6 4 is added to the ESMC to read as follows "15- 18 -6.4: EXPEDITED REVIEW: Pursuant to Caltforma Code of Civil Procedure § 1094.8(c), and any successor statute or regulation, the permits under this chapter are designated for expedited judicial review pursuant to the procedure set forth in California Code of Civil Procedure § 1094 8, or any successor statute or regulation " Page 6 of 18 EA -715, ZTA 06-06 Vanous 0 4 f ) SECTION 14 A new section 15 -18 -7 5 is added to the ESMC to read as follows "15- I8 -7.5: REAL ESTATE SIGNS A Real Estate Signs Real estate signs as defined in Civil Code § 713 Signs must comply with the following Signs must be displayed on private real property, 2 One (1) sign may be placed on the real property to which it pertains in residential zones, three (3) signs may be placed on the real property to which they pertain in all other zones, Signs cannot exceed six (6) square feet in residential zones or exceed the cumulative total of thirty -two (32) square feet for all other zones, Before the City issues a certificate of occupancy, multifamily buildings must install one permanent sign standard or monument that is for the sole purpose of unit owners advertising their units The design for the sign standard and its location on the property must be approved by the Planning and Building Safety Director before its installation The one -side surface area of the sign cannot exceed a cumulative total of nine (9) square feet B Signs must be removed within five (5) day after the advertised property is sold, rented or leased C Temporary Real Estate Directional Signs Signs that identify and provide directional information to any residential property that is offered for sale, or for rent for the first time Signs must comply with the following- Signs must be located only along the most direct single route to the residential property along arterial streets, 2 Not more than one (1) sign is permitted at each intersection, Signs must be removed when the subject property is sold or, for temporary signs, when the event ends, Signs cannot exceed nine (9) square feet in area, Signs cannot exceed five (5) feet in height, D Relationship to applicable law temporary real estate directional signs allowed Page 7 of 18 041 under tins section are in addition to those specifically allowed by state law " SECTION 15 SSMC § 15 -18 -8 is amended in its entirety to read as follows "15 -18 -8: SIGNS IN NONRESIDENTIAL ZONES: The following development standards apply to signs in nonresidential zones A General Provisions All signs must be erected and maintained consistently with this Chapter B Freestanding Buildings: Freestanding buildings are allowed wall, fin, marquee, canopy, projecting, and roof signage up to five percent (5 %) of each building face C Store Fronts Store front shops are allowed signage up to fifteen percent (15 %) of the face of each shop front, including any wall, fm, marquee, canopy, projecting, and roof signs D Monument Or Ground Signs Monument or ground signs up to one hundred fifty (150) square feet of signage area per sign face and a maximum height of 25 feet are allowed E Freestanding Or Pole Signs For lots with multiple uses or multiple users, the number of freestanding or pole signs are limited to a total of one for each street on which the lots included in the plan have frontage and provide for common usage of such signs Up to one hundred fifty (150) square feet of signage area per sign face and a maximum height of 25 feet shall be permitted Site Signage On -site signage used for either ingress or egress, identification of facilities or similar features must be submitted as part of a sign plan G Directional Signs Signs which provide directions to a business located on another property within the City, a maximum distance of five hundred feet (500') from the property on which the sign is located H Large Signs Any sign over five hundred (500) square feet in area is subject to City Council approval Temporary Signs Except as otherwise provided, two (2) temporary signs not exceeding a cumulative total of six (6) square feet, are allowed at all times Except for political signs, additional temporary signs may be displayed upon the City issuing a temporary sign permit, which is subject to the following requirements Page 8 of 18 048 Special Event Or Sale Signs A sign advertising a special event or sale, up to a maximum size of one hundred (100) square feet for a specified maximum thirty (30) day period is allowed, which may be renewed up to a total of one hundred twenty (120) days Animal or human beings, live or simulated, designed or used to attract attention to the premises may be used only as a special event or sale sign, provided they are not located on public property or in the public right of way 2 Construction Signs Signs identifying those persons engaged in constriction up to a maximum of thirty two (32) square feet per construction site shall be allowed for a maximum period of six (6) months The Planning and Building Safety Director may grant up to three (3) separate six (6) month extensions Announcement Signs One temporary construction "announcement" or "Coming Soon" sign up to a maximum size of one hundred (100) square feet for a new development or business may be erected and maintained from the time a building permit is issued until final inspection, but in no case may an announcement sign be displayed for more than one year Setbacks Any sign may be erected and maintained in a required setback, provided a five foot (5') mirnmum setback is maintained and the sign is not located in a required corner clearance or driveway visibility area K Works Of Art Works of art, including decorative flags and murals, such as historical and community oriented murals, which are not for commercial purposes are permitted Such artworks may contain the name or identification of a commercial sponsor up to six (6) square feet in area or one percent (1 %) of the area of the artwork, whichever is less, and are subject to review by the Planning and Building Safety Director to determine if the extent of any commercial message in the mural is a minor component -0f the artwork The use of registered, copyrighted, or trademarked names, insignia or logos is permitted within the sponsor's portion of the artwork, but names, insignia, or logos larger than six (6) square feet or one percent (M) of the area of the artwork, wluchever is less, may not include registration, copyright, or trademark symbols Works of art shall be permitted to exceed five hundred (500) square feet without City Council approval L Identification One identification sign for each street frontage is allowed, provided the signs contain only the name and street address of the building upon which it is placed The size of such signs must be counted as a portion of the maximum signs otherwise permitted on the property (e g , freestanding buildings, store fronts, and monument signs) Page 9 of 18 049 M LED Signs LED Signs are allowed as follows The LED sign must be located in a commercial or industrial zone at least one hundred fifty (150) feet from the boundary of a residential zone which is in direct line of site LED signs may have up to two faces 2 - Light emitting diodes comprising LED signs can only emit amber light The changeable copy portion of the sign cannot exceed fifty percent (50 %) of the area of the total sign area 4 The LED sign may only be a part of the following signs monument, ground, pole, or freestanding 5 The changeable copy portion of the sign cannot change more than once every fifteen (15) minutes. All LED signs must have ambient light monitors installed and must at all times allow such monitors to automatically adjust the brightness level of the LED sign based on ambient light conditions At no time may the LED sign be operated at a brightness level greater than the manufacturer's recommended levels. The changeable copy must be monochromatic It must utilize a dark background with only the message or image lit in an amber color Only text, without graphical depictions, can be included with the changeable copy on LED signs Permit applications for LED signs must include a copy of the manufacturer's operating manual, including any recommended standards for brightness and other display operations SECTION 16 ESMC § 15 -18 -9 is amended in its entirety to read as follows "15 -18 -9: SIGNS IN RESIDENTIAL ZONES: The following sign regulations apply to residential zones A Identification Signs One identification sign per lot is allowed, not to exceed twenty (20) square feet in area, provided the sign does not extend above or out from the front wall, and contains only the name and street address of the building upon which it is placed B Nonresidential Uses, Unlit Signs Nonresidential uses in the R -3 Zone are allowed Page 10 of 18 ��0 one unlit sign, not to exceed twelve (12) square feet in size, which pertains only to the sale, lease or hire of the particular building, property, or premises on which it is displayed C Wall Signs Permitted nonresidential uses in residential zones that are currently in compliance with this Code, except home occupation businesses. are permitted one wall sign, not to exceed six (6) square feet in size for the purpose of identifying the business located on the property D Works Of Art Works of art, including decorative flags and murals, such as historical and community oriented murals, which are not for commercial purposes are permitted Such artworks may contain the name or identification of a commercial sponsor up to six (6) square feet in area or one percent (I%) of the area of the artwork, whichever is less, and are subject to review by the Planning and Building Safety Director to determine if the extent of any commercial message in the mural is a minor component of the artwork The use of registered, copyrighted, or trademarked names, insignia or logos is permitted within the sponsor's portion of the artwork, but names, insignia, or logos larger than six (6) square feet or one percent (I%) of the area of the artwork, whichever is less, may not include registration, copyright, or trademark symbols Works of art are not allowed to exceed five hundred (500) square feet without City Council approval " E Temporary Signs Except as otherwise provided, one (1) temporary sign not exceeding a cumulative total of three (3) square feet, is allowed at all times Except for political signs, additional temporary signs may be displayed upon the City issuing a temporary sign permit, which is subject to the following requirements Construction Signs Signs identifying those persons engaged in construction up to a maximum of thirty two (32) square feet per construction site shall be allowed for a maximum period of six (6) months The Planning and Building Safety Director may grant up to three (3) separate six (6) month extensions 2 Announcement Signs One temporary construction "announcement" or "Coming Soon" sign up to a maximum size of six (6) square feet for a new development may be erected and maintained from the time a building permit is issued until final inspection, but in no case may an announcement sign be displayed for more than one year SECTION 17 ESMC § 15 -18 -10 is amended in its entirety to read as follows "15- 18 -10: SIGNS EXEMPT FROM PERMITTING: The following signs are exempt from obtaining a sign permit, but all signs must comply with the comer clearance and driveway visibility provisions of Chanter 2 of this Title Page 11 of 18 vJl A Public Notice Or Warning Any public notice or warning required by a valid and applicable Federal, State, or local law, regulation, or ordinance, including Official notices used by any court, public body, official, public officer in the performance of a public duty, or person giving legal notice, and 2 Directional, warning, or information signs of a public or semi - public nature, established and maintained by an official body. B Inside Building Any sign inside a building, not attached to a window or door, and not legible from a distance of more than three feet (Y) beyond the lot line of the lot or parcel on which such a sign is located C Traffic - Control Traffic - control signs on private property, (e.g , stop, yield, and similar signs), the face of which meet California Department of Transportation or City public works standards and contain no commercial message D Building Markers Building marker signs E Flags Official flags of the United States, the State of California, and other states of the nation, counties, municipalities, official flags of foreign nations, and nationally or internationally recognized organizations, including corporations F Lights Strings of light bulbs used for traditional holiday decorations, during the appropriate holiday period, which do not contain commercial copy or are not used for commercial purposes G Political Political signs are allowed in any zone subject to the following 1 Such signs cannot exceed four (4) square feet in area 2 Such signs must be removed not later than forty eight (48) hours after the election or ballot measure for which they are intended " SECTION 18 ESMC § 15 -18 -11 is amended in its entirety to read as follows 15- 18 -11: PROHIBITED SIGNS: All signs not expressly permitted under this Chapter are prohibited Such signs include, but are not limited to A Beacon signs, used in connection with commercial premises for commercial purposes Page 12 of 18 Vanous ZTA06 -06 U ;y B Balloons or other inflated devices or signs used in connection with commercial premises for commercial purposes C Flags and pennants, except those exempt under the previous section D Signs which emit sounds (except ordering menu boards at dnve- thrus), odor, or visible matter, such as smoke or steam E Strings of lights not permanently mounted to a rigid background, except those exempt under the previous section F Trailer or portable signs G Notwithstanding any other provisions of this Title, no outdoor advertising structure, outdoor advertising display, or billboard, regardless of size, which does not advertise the business conducted or services rendered or the goods produced or sold upon the property upon which the sign is placed shall be placed within five hundred feet (500) of either side of a State or County freeway or highway in a manner which makes the sign thereon visible to persons or passengers upon any such thoroughfare H Animated signs Strobe lights used in signs SECTION 19 ESMC § 15 -18 -15 is amended in its entirety to read as follows "15- 18 -15: ABATEMENT OF SIGNS. Whenever the permittee, property owner, or person in possession or control of the property fails to comply with a director's order requiring cdmpliance with this chapter, the city may abate any such sign in the following manner. A Declaration of Nuisance The City Council may declare, by resolution, as public nuisances and abate all illegal signs within its jurisdiction The resolution must describe the property upon which or in front of which the nuisance exists by stating the lot and block number according to the county assessor's map and street address, if known Any number of parcels of private property may be included in one resolution B Notice of Hearing Before the City Council adopts the resolution, the City Clerk must mail not less than ten (10) days' written notice to all persons owning the property described in the proposed resolution as determined by the last equalized Page 13 of 18 053 assessment roll available on the date the notice is prepared In addition, the notice must be sent to all known persons, if any, in possession or control of such property if their names are different from those appearing on the assessment roll, and to the permittee, if any The notice must state the date, time and place of the hearing and generally describe the purpose of the hearing and the nature of the illegal sign C Posting of Notice After a resolution is adopted, the enforcement officer must cause notices to be conspicuously posted on or in front of the property on or in front of which the illegal sign exists Notice must be substantially in the following form NOTICE TO REMOVE ILLEGAL SIGN Take Notice that on the — day of 20_, the El Segundo City Council adopted a resolution declaring that an illegal sign is located on or in front of this property which constitutes a public nuisance The sign must be abated by being removed Failure to remove the sign will result in the City taking action to remove it The cost of such removal will be assessed upon the property from or in front of which the sign is removed and will constitute a lien upon the property until paid Refer to the resolution for further particulars A copy of this resolution is on file in the office of the City Clerk, All property owners having any objection to the proposed removal of the sign are notified to attend a meeting of the City Council of the City of El Segundo to be held on at am/pm at (location_), when their objections will be heard and given due consideration Dated this _ day of 120 City Clerk City of El Segundo This notice must be posted at least ten (10) days before the time for hearing objections by the City Council D Written Notice of Proposed Abatement In addition to posting notice of the resolution and notice of the meeting when objections will be heard, the City Council must direct the City Clerk to marl written notice of the proposed abatement to the all persons owning the property described in the resolution The City Clerk must cause the written notice to be mailed to each person on whom the described property is assessed in the last equalized assessment roll available on the date the Page 14 of 18 054 EA -715, ZTA 06 -06 Vanous City Council adopted its resolution The City Clerk must confirm with the county assessor the names and addresses of all the persons owning the property described in the resolution The address of a property owner shown on the assessment roll is conclusively deemed to be the proper address for the purpose of mailing the notice If the county of Los Angeles poses any charges upon the city for the actual costs of furnishing the list, the city will reimburse the County and such costs shall be a part of the cost of abatement assessed against the property owner The notices mailed by the City Clerk must be mailed at least ten (10) days before the time for hearing objections by the City Council The notices mailed by the clerk must be substantially in the form of notice set forth above E Hearing-- Contmuances— Objections-- Finality of Decision- -Order to Abate At the time stated in the notices, the City Council will hear and consider all objections to the proposed removal of the sign It may continue the heating from time to time By motion or resolution at the conclusion of the hearing, the City Council will allow or overrule any objections At that time, the city acquires jurisdiction to proceed and perform the work of removal The City Council's decision is final If objections are not been made, or after the City Council has disposed of those made, the council will order the enforcement officer to abate the nuisance by having the sign removed The order must be made by motion or resolution F Entry Upon Private Property The enforcement officer or city contractor may enter private property to abate the nuisance G Removal by Owner — Special Assessment and Lien for Costs Before the enforcement officer takes action, the property owner or person in possession or control of the property may remove the illegal sign at the owner's own cost and expense Notwithstanding such action, in any matter in which an order to abate was issued, the City Council may, by motion or resolution, further order that a special assessment and hen be limited to the costs mcurred by the city in enforcing abatement upon the property, including investigation, boundary determination, measurement, clerical, legal and other related costs H Cost of Abatement, Itemization Page 15 of 18 055 The enforcement officer will keep an account of the cost of abatement of an illegal sign Such officer must submit to the City Council, for confirmation, an itemized written report showing that cost A copy of the report must be posted at least three (3) days before being submitted to the City Council, on or near the City Council chambers door, with notice of the time of submission At the time fixed for receiving and considering the report, the City Council will hear it with any objections of the property owners liable to be assessed for the abatement The City Council may modify the report if it is deemed necessary The City Council may then confirm the report by motion or resolution Abatement by Contract The nuisance may, in the sole discretion of the City Council, be abated by performance on a contract awarded by the City Council on the basis of competitive bids let to the lowest responsible bidder The contractor performing the contract must keep an itemized account and submit such itemized written report for each separate parcel of property required by this section Special Assessment and Lien The cost incurred by the city in enforcing abatement upon the parcel or parcels, including investigation, boundary determination, measurement, clerical, legal or other related costs, are a special assessment against that parcel After the assessment is made and conformed, a lien attaches on the parcel upon recordation of the order confirming the assessment in the office of the Los Angeles County Recorder In the event any real property to which a lien would attach was transferred or conveyed to a bona fide purchaser for value, or if the lien of a bona fide encumbrancer for value was created and attaches thereon, before the date on which the first installment of the assessment would become delinquent, the lien which would otherwise be imposed by this section will not attach to the real property and the costs of abatement and the costs of enforcing abatement, as confirmed, relating to the property will be transferred to the unsecured roll for collection Upon confirmation of the report, a copy must be given to the County Assessor and Tax Collector, who will add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes The city must file a certified copy of the report with the County Assessor, Tax Collector and County Auditor on or before August 10th of each calendar year The description of the parcels reported must be those used Page 16 of 18 U for the same parcels on the Los Angeles County Assessor's map books for the current year 4 The city may request the County Auditor to enter each assessment on the county tax roll opposite the parcel of land The city will further request the County Auditor to collect the amount of the assessment at the time and in the manner of ordinary municipal taxes Any delinquencies in the amount due are subject to the same penalties and procedures of foreclosure provided for ordinary municipal taxes 6 The city acknowledges that the County Tax Collector may collect assessments without reference to the general taxes by issuing separate bills and receipts for the assessments It is further acknowledged that the lien of assessment has the priority of the taxes with which it is collected, and further, that all laws relating to levy, collection and enforcement of county taxes apply to these special assessments K Issuance of Receipts for Abatement Costs The enforcement officer may receive the amount due on the abatements costs and issue receipts at any time after the confirmation of the report and until ten (10) days before a copy is given to the Assessor and Tax Collector or, where a certified copy is filed with the County Auditor, until August Ist following the confirmation of the report L Refund of Assessments The City Council may order a refund of all or part of an assessment pursuant to this section if it finds that all or part of the assessment was erroneously levied. An assessment, or part thereof, will not be refunded unless a claim is filed with the City Clerk on or before November 1st after the assessment has become due and payable The claim must be verified by the person who paid the assessment or by the person's guardian, conservator, executor or administrator " SECTION 20 Repeal of any provision of the ESMC herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance SECTION 21 If any part of this Ordinance or its application is deemed invalid by a court of competent junsdiction, 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 22 The City Clerk is directed to certify the passage and adoption of this Ordinance, Page 17 of 18 057 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 23 This Ordinance will become effective on the thirty-first (31 st) day following its passage and adoption PASSED AND ADOPTED tlus _ day of , 2006 ATTEST Cindy Mortesen, City Clerk APPROVED AS TO FORM MARK D HENSLEY, City Attorney Karl H Berger, Assistant City Attorney Kelly McDowell, Mayor Page 18 of 18 vJv� MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA JUNE 22, 2006 Chairman Kretzmer called the regular meeting of the El Segundo CALL TO ORDER Planning Commission to order at 7 00 p m in the Council Chamber of the City of El Segundo City Hall, 350 Main Street, El Segundo, California Director Jurjis led the Pledge of Allegiance to the Flag PRESENT FELLHAUER, KRETZMER, ROTOLO, WAGNER ABSENT FRICK Chairman Kretzmer presented the Consent Calendar None Commissioner Wagner moved, seconded by Commissioner Fellhauer, to approve the June 8, 2006, Minutes as submitted Motion passed 4 -0 None Director Jurlis explained that the Commission had been provided amended Municipal Code Section pages for Item H -2, replacement Page Nos 7, 10 and 13 Chairman Kretzmer presented Item H -2, Environmental Assessment No 715 and Zone Text Amendment No (ZTA) 06 -6 Address Citywide Applicant City of EI Segundo Property Owner Various PLEDGE TO FLAG ROLL CALL CONSENT CALENDAR CALL ITEMS FROM CONSENT CALENDAR MOTION PUBLIC COMMUNICATIONS WRITTEN COMMUNICATIONS PUBLIC HEARINGS, NEW BUSINESS, EA NO. 715 and ZTA NO. 06 -6 Planning Manager Christensen presented the staff report and the recommendation to adopt Resolution No 2603, recommending that the A ZTA to amend El City Council adopt the proposed Zone Text Amendment Segundo Municipal Code Chapter 15 -18 Planning Manager Christensen noted for Commissioner Wagner that the regulating the time, high school marquee LED sign is not regulated under this code because place, and manner it is located on school property, and she explained that these new that signs are provisions would establish regulations for any future LED signage erected and El Segundo Planning Commission Minutes June 22, 2006 Page 1 of 4 L 5 Commissioner Wagner stated that the proposed changeable copy every constructed within 15 minutes is too long, suggesting that every 15 seconds would be more the City's appropriate jurisdiction. Commissioner Rotolo asked for additional Input on the proposal for allowing temporary directional real estate signs Assistant City Attorney Berger explained that the proposed real estate sign section brings the code into conformance with state law, and noted that directional signage placed on private property would need the owner's consent Commissioner Wagner expressed his belief that monument signs should be much lower than the proposed 25 -foot high, suggesting a maximum height of 6 to 8 feet for monument signs Chairman Kretzmer noted his desire for signs to be consistent with the zones wherein these businesses are located, suggesting that additional language would be appropriate to indicate specific zones have their own standards for signage Planning Manager Christensen advised that the Downtown Specific Plan has its own standards for signage, which Is extremely restrictive when compared to other zones in the City Assistant City Attorney Berger explained that If there is a conflict between a specific plan and the municipal code, the specific plan would apply to a specific zone, that the specific plans or development agreement would regulate the signs in those areas Chairman Kretzmer noted his opposition to allowing monument signage that is any higher than it is wide, suggesting additional verbiage may be appropriate to limit signage proportion Addressing the Commission's concern to limit the size of monument signs, Director Jugis suggested amending the ground /monument sign definition to limit the height to 6 feet, with a base not to exceed 6 feet, Assistant City Attorney Berger advised that the proposed Section 15-18 - 8-D would need to be amended to reflect that change Chairman Kretzmer concurred with Commissioner Wagner's comment regarding the proposed 15- minute limitation on the changeable copy It was the consensus of the Commission that 15- minute changeable El Segundo Planning Commission Minutes June 22, 2006 Page 2 of 4 iJbO copy is excessive, that it should be closer to every 15 seconds Chairman Kretzmer questioned if the City has research data to support staffs assertion that animated signs can affect traffic patterns, produce light nuisances and affect the public health and safety Planning Manager Christensen advised that staff did not conduct any studies, but noted that a lot of traffic safety analysis has been done on these matters Chairman Kretzmer expressed his belief that when these blanket type statements are made, staff should cite some research reference to support their claims Assistant City Attorney Berger stated that the footnote to his comment is this is a legislative determination, which can be different with each city, and noted it can be supported if challenged Planning Manager Christensen stated in response to an inquiry from Commissioner Fellhauer that the LED section has specific language that addresses orientation of these signs away from residential properties Chairman Kretzmer opened the public hearing There being no input, Chairman Kretzmer closed the public hearing Commissioner Wagner moved, seconded by Commissioner Fellhauer, MOTION to concur with staff's recommendation, moved that changeable copy be permitted every 15 seconds, that the monument signs be no more than 6 feet high, and moved to adopt Resolution No 2603 Passed 4 -0 None PUBLIC HEARINGS CONTINUED BUSINESS Director Jurps announced that he has taken a fob in the private sector REPORT FROM and noted his pleasure in working with this Commission DIRECTOR None PUBLIC COMMUNICATIONS None OTHER BUSINESS The Planning Commissioners commended Director Jurlis for bis hard PLANNING work and wished him well in his future endeavors COMMISSIONERS' COMMENTS El Segundo Planning Commission Minutes June 22, 2006 Page 3 of 4 061 Chairman Kretzmer wished everyone a safe and fun 4th of July celebration The meeting adjourned at 8 11 p m ADJOURNMENT PASSED AND APPROVED ON THIS 27th DAY OF JULY, 2006 Seimone Jurps, Secretary of the Planning Commission and Director of Community, Economic and Development City of El Segundo, California Mike Kretzmer, Chairman of the Planning Commission City of El Segundo, California El Segundo Planning Commission Minutes June 22, 2006 Page 4 of 4 EL SEGUNDO CITY COUNCIL MEETING DATE: July 18, 2006 AGENDA ITEM STATEMENT AGENDA HEADING Special Orders of Business AGENDA DESCRIPTION: Consideration and possible action to open a Public Hearing and adopt a resolution setting the Golf Course and Driving Range fees at The Lakes Golf Course, as recommended by the Golf Course Sub - Committee (Fiscal Impact = $ 137,400 in new annualized revenues) RECOMMENDED COUNCIL ACTION* Recommendation (1) Open Public Hearing, (2) Discussion, (3) Adopt resolution setting Golf Course and Driving Range fees, (4) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: At the regular meeting of the Golf Course Sub - Committee on May 24, 2006, the Sub - Committee unanimously voted to recommend the City Council revise the fee schedule at the golf course and driving range After surveying rates and service offerings of other public golf courses and driving ranges in the surrounding area, the Sub - Committee proposed the fees be revised (Background and discussion continued on the next page ATTACHED SUPPORTING DOCUMENTS. Resolution Setting Golf Course and Driving Range Fees Driving Range Price Comparison Golf Course Green Fees Survey Estimated Annual Fee Revenue Adjustment FISCAL IMPACT- Operating Budget: Amount Requested. Account Number. None DATE. 7/ /2�eL 2 "1 v BACKGROUND AND DISCUSSION CONTINUED The fees at The Lakes have not been raised in several years while mayor capital improvements have been made including new Tee Boxes and refurbished Driving Range with natural turf In light of golf course improvements and survey results from golf facilities in other communities, Sub - Committee members recommended the following rates • Reduce the El Segundo Senior Resident Card from $30 00 to $25 00 for 5 rounds of play, plus small bucket of balls • Retain current El Segundo Resident rate for a Weekday round of golf at $8 00 • Retain current El Segundo Senior Resident rate for a Weekday round of golf at $6 00 • Retain current El Segundo Resident rate for a Weekend round of golf at $10 00 • Retain current El Segundo Junior Resident Weekday and Weekend rates at $7 00 and $10 00 respectively • Institute new El Segundo Senior Resident monthly pass card for unlimited Weekday golf for $30 00 • Increase El Segundo Resident monthly pass card for unlimited Weekday golf by $3 to $3500 Increase non - resident Weekday rate for a round of golf by $2 up to $11 00 • Increase non - resident Weekend rate for a round of golf by $2 to $13 00 Increase non - resident Senior Weekday rate for a round of golf by $1 to $8 00 • Increase non - resident Junior Weekday rate by $1 to $8 00 • Increase non - resident senior punch card for 5 rounds of play, plus small bucket of balls by $5 to $35 00 • Increase driving range fees for • Small bucket of 35 balls by $ 50 to $4 00 • Medium bucket of 70 balls by $ 50 to $6 00, and • Large bucket of 105 balls by $1 00 to $8 00 tt�F RESOLUTION NO. A RESOLUTION ADOPTING NEW FEE FOR THE EL SEGUNDO PARKS AND RECREATION DEPARTMENT TO RECOVER COSTS INCURRED FROM PROVIDING VARIOUS PUBLIC SERVICES. BE IT RESOLVED by the Council of the City of El Segundo as follows SECTION 1 The City Council finds as follows A The City Council may establish fees for services under various provisions of California law including, without limitation, Business & Professions Code § 16000, Education Code § 18926, Government Code §§ 36936 1, 43000, 54344, 65104, 65456, 65874, 65909.5, 65943, 66013, 66014, 664512, and Health & Safety Code §§ 510, 17951, 17980 1, 19852 B Pursuant to Government Code § 66016, the City made data available regarding the cost, or estimated cost, of providing services for various fees ten (10) days before the public hearing held on June 20, 2006 C On June 20, 2006, the City Council heard public testimony and considered evidence in a public hearing held and noticed in accordance with Government Code § 66016 D At the recommendation of the City's Departments and the City Manager, the City Council believes that it is in the public interest to establish the recommended fees to recover the costs of public services SECTION 2. The Fees attached as Exhibit "A," and incorporated into this Resolution as if fully set forth, are approved and adopted SECTION 3• This Resolution is exempt from review under the California Environmental Quality Act (Cal. Pub Res. Code §§ 21000, et seq , "CEQX) and CEQA regulations (Cal Code Regs. tit 14, §§ 15000, et seq.) because it establishes, modifies, structures, restructures, and approves rates and charges for meeting operating expenses, purchasing supplies, equipment, and materials, meeting financial requirements, and obtaining funds for capital projects needed to maintain service within existing service areas This Resolution, therefore, is categorically exempt from further CEQA review under Cal Code Regs tit 14, § 15273 Page 1 of 3 0 6:� SECTION 4 This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded SECTION 5 The City Clerk will certify to the passage and adoption of this Resolution, will enter the same in the book of original Resolutions of said City; and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted PASSED AND ADOPTED this 18th day of July, 2006. Kelly McDowell, Mayor Page 2 of 3 t'�i� 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 day of 2006, and the same was so passed and adopted by the following roll call vote AYES NOES ABSENT- ABSTAIN ATTEST Cindy Mortesen, City Clerk APPROVED A M `` 2 Mark D Hens y, i Atkor�v- M Assistant City A Page 3 of 3 U67 EXHIBIT A FEES Recreation & Parks Department Golf Fees Current Fee Proposed Fee Justification for Increase* Weekday Green Fees: Non - resident $9.00 $11.00 Estimated cost recovery after proposed fee increase will be 91 % of cost Non - resident — senior $7.00 $800 Estimated cost recovery after proposed fee increase will be 91 % of cost Non - resident — junior $7.00 $800 Estimated cost recovery after proposed fee increase will be 91 % of cost Resident $8.00 $800 No change Resident — senior $6.00 $600 No change Resident — junior $7.00 $700 No change Weekend Green Fees: Non - resident $11 00 $1300 Estimated cost recovery after proposed fee increase will be 91 % of cost Non - resident — junior $1100 $1100 No change Resident $1000 $1000 No change Resident Pass Card Fees: Monthly Pass — Senior — N/A $3000 New card unlimited weekday play Monthly Pass — unlimited $3200 $3500 Estimated cost recovery after proposed weekday play fee increase will be 91 % of cost Senior — 5 rounds, small $25.00 $3000 Senior discount bucket of balls Non - resident Pass Card Fees: Non - resident senior — 5 $3000 $35.00 Estimated cost recovery after proposed rounds, small bucket of balls fee increase will be 91 % of cost Driving Range — Ball Fees: Small bucket of 35 balls $350 $4.00 Estimated cost recovery after proposed fee increase will be 91 % of cost Medium bucket of 70 balls $5.50 $600 Estimated cost recovery after proposed fee increase will be 91 % of cost. Large bucket of 105 balls $700 $800 Estimated cost recovery after proposed fee increase will be 91 % of cost * Cost recovery based on calculations set forth on page 2 of this Exhibit 068 Cost Recovery Estimated annual impact on proposed rate increases % of total expenditures Estimated cost recovery after proposed increase Estimated FYE 9/06 1,925,000 2,835,850 (521,000) 2,314,850 832% Proposed Budget FY 06/07 2,118,400 2,538,810 (60,000) 2,478,810 855% 34,350 137,400 000% 000% 148% 554% 853% 876% 846% 91 0% ii �) J Actual Adopted FY 04/05 FY 05/06 Total Revenues 1,861,190 2,071,900 Total expenditures 2,262,060 2,803,150 Less capital /equipment (81,384) (438,200) Total operating expenditures 2,180,676 2,364,950 Cost recovery % 853% 876% Estimated annual impact on proposed rate increases % of total expenditures Estimated cost recovery after proposed increase Estimated FYE 9/06 1,925,000 2,835,850 (521,000) 2,314,850 832% Proposed Budget FY 06/07 2,118,400 2,538,810 (60,000) 2,478,810 855% 34,350 137,400 000% 000% 148% 554% 853% 876% 846% 91 0% ii �) J N 0 U O O U w k, LI d z_ F'^ d C7 u Ml O O �o N R_, � N N a� b F� ai rl r i N F-' d c 0 cn L ca E U ^0 C L 0) C Q� C �L E E m v, E ao 3 � c o, y o U U) me (D G M a J N N d a O N o N J A, N W r � 0 `o a 0 S r w `o ryN O V ! !1 Q) VJ Q) Q) U- Q) L- V ,Q,^) V! L O U u, a v v � d a o c CL 5 O m IL m m N N Y � 10 « J � d F U C N 01 7 C E O O L m d C J m c '0 3 O � t, L N CO c L c f0 V o o o O' 00 000 cd ( 00 c c °0 00 o 0) r»- U N O O O O O O M A EA EA 0 O 0' O 0 cli Cl) 0 0 b9 EA EA 3 E o O O U� 6% 00 00 00 O N to � 4 M � LL �vw c Y 4 n N w 3 u u �u7i N d 0 O O O O 'i` O d 0 O 00 O (O C N M V V om E'cd`7� c � ui (F1 a6 in � o � Eca �c0 Qc c � 0 f» v> 6 64 WQ L00 W coo 0 O V e» U) 7 C d N 7 C C R C d A v C d m N w OLM 7 2 om C 0 °v_ ° ov L00 coo @ wo j C 0 '7 M O ` C O N Cl) (0 Q� t M � 0 Q 0 64 EA � N w 1107 to O O W w M W OW 001 C OI @ N �I O 7 C (� O N 117 m O V C V O O M 0 0 10 (O o Q ` Q m N O U cn a N M a 0 U 0 0 O cu U `'" aD W O O O O U oar (n » co CL (D `, - C o a a c — N 0 d 7 C N 0 0 0 0 0 0 0 o 0 o 0 0 o 0 0 C 0 LL7 N O O (O �, a7 C o r a 7 0 M _ -O O C 111 D) M r O O Nr C N 10 Cl) O I- co m 01 W � N EA � � 'a MM OQC ) Q EfT 0 v/ CL cn Y 0 o O o O o 0 0 0 0 u7 (0 1� O 0 N M W OD C J c O o N Iri .- 0i co i', Y co M ao o LO (D O C O C j (2n Q o Q m ` N U d) r t• U O LOO 100 j fA 69 (fli j n L0 (» Cl) fA Ua Uar» LL m ca Q 11 C N `O oO C 0 10 co m C m m E � m a a a a1 a) Y Y Y N O J (n 0 O V e» U) 7 C d N 7 C C R C d A v C d m N w OLM 7 2 EL SEGUNDO CITY COUNCIL MEETING DATE July 18, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action to purchase approximately five acres of unimproved land located at the northeast corner of Mariposa Avenue and Nash Street from TPG -EI Segundo Partners, LLC (Fiscal Impact $4,900,000) RECOMMENDED COUNCIL ACTION: 1) Approve the purchase of approximately five acres of land located at the northeast corner of Mariposa Avenue and Nash Street from TPG, 2) Receive and file the Complete Appraisal Summary Report prepared by CB Richard Ellis, 3) Receive and file the Limited Site (Environmental) Investigation prepared by URS, 4) Authorize the City Treasurerto deposit the amount of $4,900,000 into the escrow account opened by the City with Chicago Title, 5) Authorize staff to take other action necessary to close escrow by August 5, 2006, 6) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: On January 2, 2002, the City Council approved a development agreement with TPG -EI Segundo Partners, LLC (TPG) regarding the development of a 46 -acre site bounded by Manposa Avenue to the south, Nash Street to the west, Douglas Street to the east, and Atwood Way to the north. The development agreement Included a provision stating that the City would purchase approximately five -acres on the site pursuant to an appraisal performed by an appraiser that was acceptable to both TPG and the City. The agreement stated further that the cost to the City would not exceed $5,000,000 (Please see attached pages marked `Background and Discussion" ATTACHED SUPPORTING DOCUMENTS: Purchase and sale agreement between TPG and the City of El Segundo, Memorandum from Environmental Safety Manager reviewing and making recommendations pursuant to the Limited Site Investigation performed by URS FISCAL IMPACT. $4,900,000 Operating Budget- $5,320,000 Amount Requested. $4,900,000 Account Number. 302 - 400 -8202 -8998 Project Phase: NIA Appropriation Required: _Yes X No ORIGINATED-- DATE: July 11, 2OU(i 3 07 Background and Discussion (con't): On October 12, 2005, the TPG completed its purchase of the 46 -acre site from Federal Express Following the purchase, the City Council authorized execution of the purchase and sale agreement between TPG and the City The purchase and sale agreement specified the terms and the timeframe for the sale of the property The agreement provides for the following • The City's purchase price of the land to be determined by an independent appraisal performed by an appraiser agreed upon by both parties The maximum amount that will be paid by the City is $5,000,000, • The City will open an escrow account with Chicago Title and deposit $50,000 into the account, • The City has the right to complete a "due diligence" environmental review of the property, • TPG shall provide to the City at no cost one acre of land, adjacent to the land being purchased, which will used for the construction of a fire station, • TPG retains the right to provide landscaping and curb and sidewalks in the area surrounding the land to be purchased by the City, • TPG shall sufficiently remediate any environmental issues that may exist prior to the City taking title to the land The purchase and sale agreement was executed on December 5, 2006 The agreement stated that both parties had 180 days from the date of execution to complete the work stated in the agreement. That work included meeting with TPG and selecting an appraiser and the "due diligence" environmental review sought by the City The City and TPG selected CB Richard Ellis to complete the appraisal of the property That report was completed in April 2006 and distributed to the City Council It is available for review in the City Clerk's office It is worth noting that finding an appropriate firm to complete the appraisal proved to be somewhat difficult The City and TPG reached agreement on one firm in January 2006 However, approximately six weeks into the process that firm withdrew Both parties settled on CB Richard Ellis soon thereafter The appraisal completed by CB Richard Ellis declared the market value of the property to be in excess of $5,000,000 Accordingly, as specified by the terms of the purchase and sale agreement, the purchase price will be $5,000,000, minus $100,000 in credits that will be discussed below Staff raised some concerns regarding the appraisal to CB Richard Ellis Staff believes that the methodology utilized for by the appraiser may not have been complete Specifically, the appraisal does not take into account the purchase price paid by TPG to Federal Express last October CB Richard Ellis stands by its methodology and believes that the value of the land listed in the appraisal, based on its intended use as a recreation facility and the comparable properties analyzed in the appraisal, support the appraised value While staff may disagree with the appraisal, the appraiser was selected pursuant to the terms and conditions of the purchase and sale agreement, the City agreed on the selection of the appraiser and, therefore, the purchase price is $5,000,0000 Accordingly, staff recommends that the City move forward in the process to acquire the land It is worth noting that TPG has informed staff that it is close to completing the sale of fourteen acres on the north side of the 46 -acre parcel and while the sale price is not yet public information, TPG has stated that it will 014 Background and Discussion (con't): exceed the price that the City is paying for the acreage on the south side of the parcel With respect to the environmental work, the City retained URS to complete a limited site review on the parcel and the adjacent one -acre site to be deeded to the City for future construction of a fire station Due to the logistics of coordinating that work and working with TPG in obtaining access to the site, both parties agreed to a 60 -day extension to the original June deadline in order to complete the work URS delivered its report to the City on May 24, 2006 The report was distributed to the City Council and is available for public review in the City Clerk's office The City had three mayor concerns with the site First, there is a perched aquifer under the proposed soccer field location where volatile organic compounds (VOCs) may exist in the water However, URS' review of the situation indicates the aquifer in question is sealed by a clay lens and that contamination into the water table below, if it occurs at all, will likely may take as long as 150 years This is not considered a significant risk. Second, the Water Quality Authority file review showed that low levels of Trichloroethene (TCE) exist within the soil The site failed both residential and commercial thresholds for enclosed buildings Accordingly, it will be necessary to install an impermeable plastic membrane under sites where enclosed buildings maybe constructed Persons utilizing the property for athletic purposes, or for other outdoor activities, will not be exposed to dangerous levels based upon the findings in the report With the installation of the membrane below enclosed structures, the report finds that there is no risk to occupants of such structures Finally, with respect to the proposed fire station site, concentrations of benzene and TCE do not exceed thresholds for enclosed buildings on commercial /industrial development, but levels would exceed thresholds for residential development unless an impermeable membrane is applied under areas where buildings may be constructed Because fire stations are occupied 24 hours per day, staff is recommending that the membrane be applied in order to meet more stringent residential thresholds TPG has agreed to fund the application of the membrane at all locations where enclosed buildings may be constructed on both on the athletic field site and the fire station site A more detailed memorandum from the City's Environmental Safety Manager has been attached for the Council's review TPG has stated its concerns that the testing standards utilized by URS during the limited site investigation were too conservative Accordingly, TPG contends that the report issued after the testing overstates the risks of developing that site as a recreational facility Staff has calculated that the cost to install the necessary membrane will not exceed $100,000 Accordingly, TPG has agreed to lower the purchase price of the property to $4,900,000. bn5 J / 6 li e AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRUCTIONS This Agreement of Purchase and Sale and Escrow Instructions (the "Agreement ") is made as of December 5, 2005, by and between TPG -El Segundo Partners, LLC, a Cahforma limited liability company ( "Seller "), and the City of El Segundo, a municipal corporation ( "Buyer ") Recitals A On of about October 12, 2005, Seller obtained title to and is currently the owner of approximately 5 acres of unimproved real property located at the northeast corner of Mariposa Avenue and Nash Street, El Segundo, California, described in Paragraph 1 1 below B Buyer and Seller have entered into that certain Development Agreement recorded as Instrument No. 02- 0660073 in the Official Records of Los Angeles County, California (the "Development Agreement ") which, among other things, requires Seller to offer the Property for sale to Buyer The Development Agreement further requires Buyer and Seller to execute a purchase and sale agreement within sixty (60) days after Seller obtained title to the Property C In consideration of the agreements set forth in this Agreement and in satisfaction of the parties' obligations under the Development Agreement, Seller has agreed to sell the Property to Buyer, and Buyer has agreed to purchase the Property from Seller under the terms of this Agreement for use as a public recreational facility THE PARTIES AGREE AS FOLLOWS• 1 Sale of Property, Purchase Price 1 1 Sale of Property Seller shall sell to Buyer and Buyer shall purchase from Seller, at the price and upon the terms and conditions set forth in this Agreement. (t) that certain real property containing approximately 5 acres and located at the northeast corner of Manposa Avenue and Nash Street, in El Segundo, California and more particularly described in Exhibit "1 I" attached hereto (the "Real Property "), (u) all appurtenances to the Real Property owned by Seller, including, without limitation, all development rights, air rights, mineral rights, water, water rights and water stock relating to the Real Property (the "Appurtenant Rights ") The Real Property and the Appurtenant Rights are collectively referred to herein as the "Property " 1 2 Purchase Price Buyer shall pay to Seller as the total purchase price for the Property (the "Purchase Price ") an amount equal to the fair market value of the Property, as determined by an independent appraisal appraising the Property as park land as provided in Paragraph 2 12 below, not to exceed $5,000,000 The Purchase Price shall be payable as follows 1 2 l Deposits Buyer shall deposit the sum of $50,000 (the "Deposit ") to Seller into "Escrow" (as defined in Paragraph 2 1 below) in immediately available funds concurrently with the Opening of Escrow (as defined in Paragraph 2.1 below) -I- 076 1 2 2 Balance The balance of the Purchase Price (the "Balance ") shall be deposited by Buyer in immediately available funds into Escrow no later than two (2) business days before the Closing Date (as defined in Paragraph 2 2 below) 2 Escrow, Closing Conditions 2 1 Escrow. No later than five (5) business days after the execution of this Agreement by Buyer and Seller, Buyer and Seller shall open an escrow (the "Escrow ") with Chicago Title (the "Escrow Holder ") and shall deliver a fully executed copy of this Agreement to Escrow Holder The deposit with Escrow Holder of this Agreement shall constitute the opening of Escrow (the "Opening of Escrow ") and authorization to Escrow Holder to act in accordance with the terms of this Agreement Escrow Holder's standard provisions are attached hereto as Exhibit "2.1" and shall become a part hereof; provided, however that if there is any conflict or inconsistency between such standard provisions and this Agreement, then this Agreement shall control 2 2 Closing Date The Escrow shall close on that date which is seven (7) days following the expiration of the Feasibility Period (the "Closing Date ") [Notwithstanding the foregoing, the "Closing" or "Close of Escrow" (as defined in Paragraph 2.7 below) shall not occur unless the conditions to the Close of Escrow set forth in this Agreement have been satisfied or waived, including, without limitation, (i) the conditions set forth in Paragraphs 2 9 below, (ii) the condition that all items described in Paragraphs 2.5 and 2 6 below shall have been deposited with Escrow Holder, and (iii) the condition that the "Title Company" (as defined in Paragraph 2 3 below) has unconditionally committed to issue the "Title Policy" (as defined in Paragraph 2 3 below) If any of such conditions have not been satisfied or waived on or before the Closing Date and neither party is in default hereunder, this Agreement and the Escrow shall terminate, and the provisions of Paragraph 2 11 below shall apply 2 3 Title and Title Insurance Seller shall convey title to the Property to Buyer by a grant deed (the "Grant Deed ") At the "Close of Escrow," Chicago Title (the "Title Company "), shall issue through Escrow an ALTA Owner's Policy of Title Insurance (the "Title Policy ") with liability in the amount of the Purchase Price, insuring fee title to the Property vested in Buyer, subject only to the following exceptions (the "Permitted Exceptions ") (1) the standard printed exceptions set forth in the Title Policy; (n) general and special taxes and assessments not then delinquent, (in) those certain exceptions which have been approved by Buyer as provided in Paragraph 2 9 2 below, (iv) any exceptions to title created by or made through Buyer, and (v) the easements reserved by Seller as set forth in Paragraph 15 2 4 Costs -2- U'77 2976 D 2 4 1 Escrow Holder's fees with respect to the Escrow shall be shared equally by Seller and Buyer 2 4 2 Seller shall pay the premium for the CLTA portion of the Title Policy The additional cost for the ALTA coverage and any endorsements to the Title Policy requested by Buyer shall be paid for by Buyer Buyer shall pay all costs and expenses, if any, incurred in connection with its obtaining a survey of the Property 2 4 3 All expenses and charges incurred in connection with the discharge of delinquent taxes, if any, or liens or encumbrances on the Property (other than those Permitted Exceptions), shall be paid by Seller 2.4 4 All installments of bonds, special taxes or assessments which are a lien on the Property prior to the time of Closing shall be paid by Seller 2.4.5 Each party shall be responsible for payment of the fees and expenses of its counsel relating to this Agreement and the transactions contemplated hereby 2.4 6 Any documentary or transfer taxes and recording fees shall be paid by Seller 2.4.7 Any other closing costs or charges are to be paid as is customary in the County of Los Angeles, Cali fornia. 2 5 Deposit of Documents and Funds by SOW . Seller shall deposit with Escrow Holder the following items no later than two (2) business days prior to the Closing Date, duly executed and acknowledged where required 2 5 1 The Grant Deed 2 5 2 An affidavit certifying that Seller is not a "foreign person," as defined in the Internal Revenue Code 2 5 3 All other documents as may reasonably be required by Escrow Holder or the Title Company to close the Escrow in accordance with this Agreement 2 6 Deposit of Documents and Funds by Buyer Buyer shall deposit with Escrow Holder the following items no later than two (2) business days prior to the Closing Date, duly executed and acknowledged where required 2 6 1 The Balance, plus such additional funds as are required to pay Buyer's costs and prorations as provided in Paragraph 2 4 above and Paragraph 2 8 below, less any credits Buyer is entitled to hereunder 2 6 2 A completed and onginally executed Preliminary Change of Ownership Report in the form required by the Los Angeles County Recorder's Office (the "Change of Ownership Report") -3- 0 '78 2976 - .D 2 6 3 The Covenant (as defined in Paragraph 10 below) 2.6 4 All other funds and documents as may be reasonably required by Escrow Holder to close the Escrow in accordance with this Agreement 2 7 Delivery of Documents and Funds at Closing The performance of the acts set forth in this paragraph shall constitute the "Closing" or the "Close of Escrow" as such terms are used in this Agreement The Escrow Holder shall conduct the Closing by recording and distributing the following described documents and funds in the following manner 2 7 1 Record the Grant Deed and the Covenant in the Office of the County Recorder of Los Angeles County and simultaneously deliver the Change of Ownership Report to such Office The Covenant shall be recorded prior to the recordation of any dead of trust of any purchase money tender of Buyer 2 7.2 Obtain and deliver the original Title Policy to Buyer and a copy to Seller 2 7 3 Deliver to Seller on the Closing Date in immediately available funds the sum of the Balance, and such other funds, if any, due Seller by reason of prorations, less Seller's closing costs and prorations, if any, as provided in Paragraph 2.4 above and Paragraph 2.8 below, and any credits Buyer is entitled to hereunder 2 7 4 Pay the costs referred to in Paragraph 2 4 above 2 8 Proration 2 8 1 Taxes Escrow Holder shall prorate on a 365 -day basis the real estate taxes on the Real Property for the current fiscal year as of the Close of Escrow based upon the most current real estate tax information available Any supplemental real estate taxes on the Real Property attributable to the period prior to the Closing Date shall be paid by Seller outside of Escrow 29.2 Utilities Escrow Holder shall prorate through Escrow, on a 365 - day basis all water, gas, electric and other utility services, if any, on the Property 2 9 Buyer's Conditions to Closing Buyer shall not be obligated to proceed to the Close of Escrow and the Closing shall not occur unless and until, in addition to all other conditions contained in this Agreement, the following conditions have been satisfied or waived in writing by Buyer 2 9 1 Evaluation of Property 2 9 1 1 Feasibility Period Buyer shall have a reasonable amount of time, but no more than one hundred eighty (180) days after execution of this Agreement by both parties (the "Feasibility Period "), in Buyer's sole discretion, to (a) determine the feasibility of using the Property as a public recreational facility, (b) approve the results of all tests or studies conducted by or on behalf of Buyer including any tests, inspections or studies pursuant to Paragraph 9 -4- 079 2976D, ,, below, and (c) deliver written notice thereof to Seller and Escrow Holder Buyer's failure to notify Seller or Escrow Holder prior to the expuation of the Feasibility Period of Buyer's disapproval of any of Buyer's feasibility studies shall constitute Buyer's election to proceed to the Close of Escrow. Buyer agrees that during the Feasibility Period, Buyer shall keep Seller reasonably informed as to the status of Buyer's various inspections and feasibility studies Seller will cooperate with Buyer in connection with Buyer's inspections Buyer shall commence and complete such tests, studies and inspections with reasonable speed and diligence 2 9.12 Related Docum tits. Within ten (10) calendar days following execution of this Agreement, Seller shall deliver to Buyer copies of any technical studies or reports in Seller's possession regarding the environmental, seismic, or geotechnical condition of the Property, provided, however, that Seller does not represent or warrant that any such studies or reports exist or are in Seller's possession 2 9.2 Approval of Title. Promptly following the execution of this Agreement by Buyer and Seller, the Title Company shall deliver to Buyer a preliminary title report issued by the Title Company (the "Title Report") for the Property (as well as copies of all title documents referred to therein) Buyer shall have approved in writing to Seller all matters affecting title to the Real Property prior to the fifteenth (15th) day following Buyer's receipt of the Title Report and copies of all title documents referred to therein The failure of Buyer to approve or disapprove any matter affecting title by written notice to Seller within such period shall be deemed Buyer's approval of that matter Buyer shall not be entitled to disapprove liens for current nondelinquent property taxes Should Buyer disapprove any matters of title, Seller shall determine, within ten (10) days after Seller receives Buyer's timely notice of disapproval (the "First Notice "), whether Seller is able, in Seller's reasonable discretion, to cause such disapproved items to be eliminated prior to or at Closing If Seller determines, within such ten (10) day period, that it is unable, in Seller's reasonable discretion, to cause certain disapproved items to be eliminated prior to or at Closing, Seller shall give written notice to Escrow Holder and to Buyer specifying those disapproved matters (the "Second Notice ") If Seller does not deliver the Second Notice, then Seller shall be deemed to have agreed to cause such disapproved items to be removed from title to the Property prior to or at the Closing, in which event, Seller covenants to so remove such disapproved items If Seller delivers the Second Notice specifying certain disapproved matters, and if Buyer is unwilling to waive Buyer's disapproval of those matters, Buyer shalt give Seller and Escrow Holder written notice of Buyer's unwillingness, in Buyer's sole discretion, on or before the tenth (10th) day following Buyer's receipt of the Second Notice (the "Third Notice "), and this Agreement and the Escrow shall terminate in accordance with Paragraph 2 11 herein If Buyer does not give the Third Notice within such 10 -day period, Buyer shall be deemed to have waived its prior disapprovals except as to those matters Seller has eliminated or will eliminate prior to or at the Closing, and the condition contained in this Paragraph 2 9 2 shall be deemed satisfied 2 9 3 Issuance of Title Policy The Title Company has issued the Title Policy as of the Close of Escrow subject only to Permitted Exceptions 2 9 4 Waiver The foregoing conditions set forth in this Paragraph 2 9 are for the benefit of Buyer, and may be waived by Buyer in writing delivered to Seller and Escrow Holder In satisfying the foregoing conditions, Buyer and Seller shall each exercise good -5- 0 U O m) £� D faith, reasonableness and diligence. However, decisions authorized to be made in the sole discretion of either Buyer or Seller shall be final and not subject to review or challenge on any basis. 2 9 5 Obligation to Close. If the foregoing conditions set forth in this Paragraph 2 9 are not timely satisfied or waived by Buyer in accordance with Paragraph 2 9 4 above, this Agreement shall terminate and the provisions of Paragraph 2 11 below shall apply If each of the conditions set forth in Paragraphs 2 9.1 and 2.9.2 above are timely satisfied or waived by Buyer, then Buyer shall be obligated to proceed with the Close of Escrow. 2 10 CoMphance with Man Act. The parties acknowledge that the conveyance of the Property to Buyer, a public entity, is exempt from the provision of the California Subdivision Map Act (Government Code Section 66410 et ,) pursuant to Government Code Section 66426 5 2 11 Termination Upon any termination of this Agreement and the Escrow (if applicable) for any reason other than either party's default hereunder, (1) each party shall execute such documents as Escrow Holder may reasonably require to evidence such termination, (n) Escrow Holder shall return all documents to the party who deposited them, (iii) Escrow Holder shall charge its fees and expenses to both parties equally unless the termination of this Agreement is as a result of a default by one of the parties hereto, in which event the defaulting party shall be solely responsible for such fees and expenses, (iv) Escrow Holder shall return the Deposit to Buyer, less such fees and expenses charged to Buyer, (v) Buyer shall return to Seller all documents delivered to it by Seller relating to the Property, and (vi) all obligations of either party relating to this Agreement and the Property shall terminate 2 12 Appraisal It shall be a condition precedent to Seller's and Buyer's obligation to proceed with the Close of Escrow (which condition may be waived by mutual written agreement of Buyer and Seller) that an independent appraisal be conducted to ascertain the Purchase Price of the Property, provided, however, if a lawsuit is filed challenging this Agreement, the Development Agreement or other entitlements granted to Seller pertaining to the Property, then the appraisal shall be prepared following final resolution of such lawsuit and the Feasibility Period shall be extended until such final resolution The parties shall mutually select the appraiser If the parties are unable to agree upon an appraiser within thirty (30) days from the Opening of Escrow, each party shall select its own appraiser, and the two appraisers will be instructed to appraise the Property at the appropriate time If the two appraisals are different in value, then the two appraisals will be averaged together and that average will constitute the appraised price The Purchase Price shall be the appraised price, not to exceed $5,000,000 The parties shall mutually agree to certain qualifications for the appraisers Each party shall pay one - half of the costs of the appraisal(s) The Property shall be appraised as park land 3 Seller's Representations and Warranties Seller hereby represents and warrants to Buyer that, unless otherwise provided, at the date of execution hereof and at and as of the Closing Date 3 1 Corporate Existence and Authonty Seller is a limited liability company (i) validly existing and in good standing under the laws of the State of California, and (n) duly -6- 01 81 2976 D, , authorized, qualified and licensed under any and all laws, ordinances, rules, regulations and requirements of all governmental authorities to do all things required of it under or in connection with this Agreement. This Agreement and all agreements, instruments and documents herein provided to be executed or to be caused to be executed by Seller are duly executed by and binding upon and enforceable against Seller 3 2 Documents. To Seller's actual knowledge, all the documents and information delivered by Seller to Buyer in connection with the Property and this Agreement and the exhibits attached thereto are true and correct copies of what they purport to represent 3.3 pion- Foreiam Person. Seller is not a "foreign person" within the meaning of Internal Revenue Code § 1445 34 Liligation. To Seller's actual knowledge, Seller has not been served in connection with any litigation or other proceeding respecting the Property or its use 3 5 Eminent Domain To Seller's actual knowledge, there is no existing or proposed eminent domain proceeding against the Property, or any part thereof Except where expressly indicated to the contrary, the phrase "to Seller's actual knowledge" as used herein shall mean the actual knowledge of Thomas S. Ricci or an officer or director of Seller 4 Buyer's Representations and Warranties. Buyer hereby represents and warrants to Seller that at the date of execution hereof and at and as of the Closing Date, Buyer is a municipal corporation (i) validly existing and in good standing under the laws of the State of California, and (u) duly authorized, qualified and licensed under any and all laws, ordinances, rules, regulations and requirements of all governmental authorities to do all things required of it under or in connection with this Agreement This Agreement and all agreements, instruments and documents herein provided to be executed or to be caused to be executed by Buyer are duly executed and binding on and enforceable against Buyer 5 Buyer's Examination of the Property. Except as provided elsewhere in this Agreement, Seller makes no representation or warranty respecting the Property, or any portion thereof, or otherwise in connection with the transaction contemplated hereby Without limiting the generality of the foregoing, Buyer hereby acknowledges that Buyer will be purchasing the Property "AS IS" without representation or warranty of any kind, except as provided in Paragraph 3 above and Paragraph 7 below, and more specifically that (a) Prior to the Close of Escrow, Buyer will have made its own independent investigation of the Property and all other aspects of this transaction, and has relied entirely thereon and on the advice of its independent consultants (if any) in entering into this Agreement (b) Prior to the Close of Escrow, Buyer will have reviewed all instruments, records and documents which Buyer deemed appropriate or advisable to review in connection with the Property and this transaction, and Buyer will have determined that the information and data contained therein or evidenced thereby was satisfactory to Buyer -7- �g? 49 / 6 D (c) Subject to the conditions, covenants, representations and warranties of the parties set forth herein, notwithstanding any adverse effect on the marketability, desirability or value of the Property or any portion thereof which occurs between the execution of this Agreement and the Closing Date, including, without limitation, any adverse effect arising from or related to any changes or proposed changes to any governmental laws, ordinances, statutes, rules or regulations, the transactions contemplated by this Agreement shall be consummated on the terms and conditions contained herein, 6 C2yenants by Seller: Commencing with the execution of this Agreement and until the Close of Escrow 6 1 Seller agrees not to place any liens, encumbrances, or easements on the Property, other than the Permitted Exceptions, nor will Seller enter into any agreement regarding the sale, rental, management, repair, improvement, or any other matter affecting the Property that would be binding on Buyer or the Property after the Close of Escrow, without the prior written consent of Buyer 6.2 Seller agrees to maintain the Property in its condition on the date of this Agreement, ordinary wear and tear excepted, and agrees not to permit any act of waste or act that would tend to diminish the value of the Property in any way. 7 Additional &wres@ tations & Warranties of Seller Seller represents and warrants to Buyer as of the date of this Agreement and as of the Close of Escrow- 7 1 To the best of Seller's knowledge, and except as disclosed by Seller to Buyer in writing prior to the end of the Feasibility Period 7 1 1 Seller has received no notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Property are or have been in violation of any law, regulation or official policy of any local governmental agency, the State of California or the United Stated Government regulating or controlling Hazardous Substances as hereinafter defined (collectively, "Environmental Law "), or informing Seller that the Property is subject to investigation or inquiry regarding Hazardous Substances on the Property or the potential violation of any Environmental Law 7 12 There is no monitoring program required by the Environmental Protection Agency ( "EPA ") or any similar state agency concerning the Property 7 13 Seller has disclosed to Buyer all information, records, and studies maintained by Seller in connection with the Property concerning Hazardous Substances 7 1 4 For the purposes of this Paragraph 7 1, the phrase "to the best of Seller's knowledge" shall mean the actual knowledge of Thomas S Ricci or an officer or director of Seller M X 8 3 2976 D. 7 2 Other than those disclosed by Seller to Buyer in writing prior to the execution hereof, there are no contracts or other agreements relating to the Property which will be in force on the Closing Date, and there is not monetary default or material non - monetary default thereunder by Seller that remains uncured 8 Mutual Indemnities 8.1 Seller agrees to indemnify, defend and hold Buyer harmless from and against all claims, losses, liabilities, damages, actions, judgments, costs and expenses (including reasonable attorneys' fees) arising out of the acts or omissions of Seller, its agents, employees, representative, contractors, guests and mvitoes in or about the Property prior to the Closing or the conduct of business by Seller at the Property prior to the Closing. 8.2 Buyer agrees to indemnify, defend and hold Seller harmless from and against all claims, losses, liabilities, damages, actions, judgments, costs and expenses (including reasonable attorneys' fees) arising out of the acts or omissions of Buyer, its agents, employees, representative, contractors, guests and invitees in or about the Property after the Closing or the conduct of business by Buyer at the Property after the Closing M.- :_i_!� 9,1 Definition of Hazardous Material. As used herein, the term "Hazardous, Material" means any hazardous or toxic substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government 9.2 Right to Inspect Prior to the expiration of the Feasibility Period, Buyer shall have the right, at its sole cost and expense, to conduct such physical inspections of the Property as necessary in order to determine the presence or absence of Hazardous Material on or under the Property Such inspections by Buyer shall be conducted at reasonable times and under reasonable circumstances and shall be subject to the prior approval of Seller which shall not be unreasonably withheld Buyer shall promptly deliver the results of such inspections to the Seller 9 3 Cleanup of Hazardous Material If Buyer determines that a legally unacceptable level, according to applicable governmental standards, of Hazardous Material exists on or under the Property, then Buyer may, in Buyer's sole discretion, terminate this Agreement In such case, Buyer shall bear its own inspection costs, and the provisions of Paragraph 2 11 shall apply If Buyer elects not to so terminate this Agreement, then Seller shall commence to remove such Hazardous Material from the Property, in which event the Close of Escrow shall be delayed until following Seller's completion of such removal If Seller commences to remove such Hazardous Material, Seller shall thereafter diligently proceed with such removal at Seller's sole cost and expense, and in accordance with all applicable laws, rules, and regulations 9 4 Buyer's Inspection If Seller removes such Hazardous Material pursuant to Paragraph 9 3 above, upon completion of such removal, Seller shall deliver to Buyer and to Escrow Holder notice stating that such removal has been completed Within thirty (30) days -9- 084 2976 ..i). , following Buyer's receipt of such notice, Buyer shall inspect the Property in order to determine the presence or absence of Hazardous Material on or under the Property, provided, however, that Seller shall have the right to reasonably approve Buyer's agent who is to conduct such inspection. If such inspection reveals that the level of Hazardous Material remaining on or under the Property is at or less than the allowable level under applicable governmental rules or regulations, then Buyer shall be obligated to proceed to the Close of Escrow, and the Close of Escrow shall occur within two (2) weeks following Buyer's inspection. 9.5 Indemnification 9.5.1 If following Buyer's inspection of the Property (and any removal by Seller of Hazardous Material from the Property), the parties proceed to the Close of Escrow, Buyer shall indemnify, defend and hold Seller harmless from any and all claims, demands (including demands by any governmental agency), liabilities, costs, expenses, penalties, damages, losses and liens, including reasonable attorneys' fees, arising out of or with respect to (1) any subsequent release of Hazardous Material on or under the Property caused by or through Buyer The indemnity provided herein shall survive the Close of Escrow and shall not be merged into the Grant Deed 9 5 2 If following Buyer's inspection of the Property (and any removal by Seller of Hazardous Materials from the Property), the parties proceed in the Close of Escrow, Seller shall indemnify, defend and hold Buyer harmless from any and all claims, demands (including demands by any governmental agency), liabilities, costs, expenses, penalties, damages, losses and liens, including reasonable attorneys' fees, arising out of or with respect to (1) any Hazardous Materials placed on or under the Property by Seller or its agents, (2) any Hazardous Matenals of which Seller has actual knowledge, but did not disclose to Buyer, on or before the Close of Escrow, and (3) any migration of Hazardous Materials onto or under the Property from the adjacent property owned by Seller The indemnity provided herein shall survive the Close of Escrow and shall not be merged into the Grant Deed 9 6 Release If following Buyer's inspection of the Property (and any removal by Seller of Hazardous Material from the Property if so elected by Seller), the parties proceed to the Close of Escrow, then 9 6 1 Buyer and its elected and appointed officials, employees, contractors, agents, and each of them, and their respective successors and assigns, agree to forever release, discharge and acquit Seller and its parent, subsidiary and/or affiliate corporations, partnerships (general and limited), partners, directors, officers, shareholders, and employees, and each of them, and their successors and assigns, of and from any and all claims, demands, obligations, liabilities, indebtedness, breaches of duty of any relationship, acts, omissions, misfeasance, malfeasance, cause or causes of action, costs, sums of money, accounts, compensations, contracts, controversies, promises, damages, costs, losses and expenses, of every type, kind, nature, description or character (including without limitation reasonable attorneys' fees) (collectively "Claims "), and irrespective of how, why or by reason of what facts, whether heretofore or now existing, or which could, might or may be claimed to exist in the future, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, each as if fully set forth herein at length, which in any way anse out of, or are connected with or relate to -10- i85 297P D (1) any subsequent release of Hazardous Material on or under the Property caused by or through Buyer, and (2) any required clean-up of any and all Hazardous Material existing on or under the Property as of the Close of Escrow that Buyer did not discover during its inspection and testing of the Property as provided in Paragraphs 9.2 and 9.4 above, except for any Hazardous Materials placed on or under the Property by Seller or its agents, or any Hazardous Materials of which Seller has actual knowledge, but did not disclose to Buyer, on or before the Close of Escrow Notwithstanding anything to the contrary contained herein, the release provided in this Paragraph 9 6 shall not extend to any past owners of the Property, even if such past owners succeed to Seller's interest in or to a portion of the Property 9.6 2 Buyer and Seller each respectively hereby agrees, represents and warrants that it has had advice of counsel of its own choosing in negotiations for and the preparation of this Agreement (including, without limitation, Paragraphs 9.1 through 9.6.1 herein), that it has read Paragraphs 9.1 through 9.6, that it has had such Paragraphs fully explained by such counsel, and that it is fully aware of their contents and legal effect 10 Buyer's Covenants Buyer shall execute a covenant to Seller's reasonable satisfaction running with the Property (the "Covenant ") that restricts Buyer's use of the Property solely for the purposes of constructing, operating, and maintaining a park and/or athletic fields for use by the public or similar public facilities compatible with the improvements on Seller's adjacent property, such as a police station or community center. The Covenant shall further provide that Buyer shall consult with Seller in developing plans and specifications for any proposed buildings or structures on the Property in order to assure compatibility with existing and proposed development on Seller's adjacent property, including, but not limited to, providing appropriate landscaping and using materials and finishes which complement the improvements on Seller's adjacent property, provided, however, that Seller shall not have any right of approval over such buildings or structures The provisions of the Covenant shall survive the Close of Escrow for a period of 30 years and shall not be merged into the Grant Deed 11 Casualties Buyer and Seller each acknowledge that there are no improvements currently located on the Property and that Buyer is purchasing the Property for its land value 12 Removal of Personal Propert y Prior to the Close of Escrow Seller shall remove any items of personal property from the Property Such removal shall not affect the amount of the Purchase Price or any other terms or conditions of this Agreement 13 Right of Entry Buyer and its representatives, employees, contractors, agents and designees shall have the right to enter upon the Property, at Buyer's sole cost and expense, in order to inspect and investigate the Property and to conduct any and all surveys, tests and studies Buyer deems necessary or convenient, provided that Buyer shall restore any damage done to the Property as the result of any such tests, surveys or studies Prior to any entry upon the Property Buyer shall designate in writing to Seller one or more representatives of Buyer who shall accompany any of such persons each time they enter upon the Property Such entry or review shall be made only after reasonable advance written notice to Seller by Buyer and at times reasonably acceptable to Seller Buyer shall indemnify and defend Seller against and hold Seller and the Property free and harmless from any and all claims, demands, liabilities, costs, expenses, penalties, damages, losses and hens, including reasonable attorneys' fees (collectively, -11- U86 '6H�. "Claims "), arising out of any such entry by Buyer or its representatives, employees, agents, contractors or designees The indemnity provided for herein shall survive the termination of this Agreement or the Close of Escrow hereunder and shall not be merged into the Grant Deed The inspections of the Property shall be subject to the terms of this Paragraph 13 and shall be considered entries upon the Property for the purposes of this Paragraph 13 14 Perimeter LaudscVjng. Seller shall have the right, but not the obligation, to install perimeter landscaping on the Property, at its sole cost and expense, consistent with the perimeter landscaping on the adjacent real property owned by Seller (the "Adjacent Property ") Seller shalt install such landscaping concurrent with Seller's installation of landscaping on the Adjacent Property Nothing heroin shall prohibit Buyer from installing such landscaping on the Property itself, in which case Seller shall have no further right or obligation hereunder. Seller's rights and obligations under this Paragraph 14 shall survive the Close of Escrow and shall not be merged into the Grant Deed 15. Resory lion of TompgLm Easpmonts Seller hereby reserves temporary construction easements to enter onto the Property from time to time, as reasonably necessary, to (a) grade and construct the private streets, sidewalk, curbs, gutter, storm drains, utilities and other similar improvements adjacent to the Property, and (b) install the landscaping described in Section 14 above. Prior to any such entry, Seller shall provide Buyer with evidence of commercial general liability insurance reasonably acceptable to Buyer and shall indemnify, defend and hold Buyer harmless from and against any claim arising from Seller's entry onto the property, except to the extent arising from Seller's negligence or willful misconduct. 1 16 Condcmnation This Agreement is subject to the provisions of California Civil Code, Section 1662 (the "Statute ") For the purposes of the Statute in determining whether a taking by eminent domain is of a "material part" of the Property, it shall be material if the taking exceeds ten percent (10 %) of the gross land area of the Real Property It is hereby understood that in the event of a taking of a "material part" of the Property, then Buyer shall not be obligated to proceed to the Close of Escrow hereunder In the event of such a condemnation of less than a "material part," Buyer and Seller shall, nonetheless, proceed to Closing without abatement of the Purchase Price but Seller shall assign to Buyer all of Seller's right to recover from the condemning authority Seller agrees that it will both before and after the Closing Date execute such documents or instruments and further assurances as Buyer may reasonably request in order to facilitate such recovery by Buyer, and Seller will cooperate in any manner reasonably requested by Buyer 17 Delivery of Possession. Except as expressly provided herein, Seller shall deliver possession of the Property to Buyer at the Close of Escrow 18 No Commissions Seller represents and warrants to Buyer that Seller has made no statement or representation nor entered into any agreement with a broker, salesman or finder in connection with the transactions contemplated by this Agreement Buyer represents and warrants to Seller that Buyer has made no statement or representation nor entered into any agreement with a broker, salesman or finder in connection with the transactions contemplated by this Agreement In the event of a claim for brokers' or finders' fees or commissions in connection with the negotiation or execution of this Agreement or the transactions contemplated -12- U 87 29761 •a . R hereunder, Seller shall indemnify, hold harmless and defend Buyer from and against such claim if it shall be based upon any statement or representation or agreement alleged to have been made by Seller, and Buyer shall indemnify, hold harmless and defend Seller if such claim shall be based upon any statement, representation or agreement alleged to have been made by Buyer 19 Attorneys_k'ees. If any action or proceeding shall be brought by either party in order to enforce the provisions of this Agreement, or to collect damages as a result of the breach of any of the provisions of this Agreement, the prevailing party shall be entitled to recover all reasonable costs incurred in connection therewith, including attorneys' fees 20, Nom. Whenever Escrow Holder or any party hereto shall desire to give or serve upon the other any notice, demand, request or other communication, each such notice, demand, request or other communication shall be in writing, shall be given by personal delivery (including by commercial courier or delivery service) or by registered or certified United States mail, return receipt requested, postage prepaid, addressed as follows [balance of page intentionally blank] -13- (81S TO SELLER- with a copy to TO BUYER with a copy to TO ESCROW HOLDER -14- 'i , D TPG -El Segundo Partners, LLC 515 South Flower Street Sixth Floor Los Angeles, CA 90071 Attention: Thomas S Ricci, Executive Vice President Armbruster & Goldsmith LLP 10940 Wilshire Boulevard Suite 2100 Los Angeles, CA 90024 Attention, Dale J. Goldsmith, Esq and to Gilchrist & Rutter Professional Corporation 1299 Ocean Avenue, Suite 900 Santa Monica, CA 90401 Attention Paul S Rutter, Esq City of El Segundo 350 Main Street El Segundo, CA 90245 Attention. City Clerk Jenkins & Hogm, LLP Manhattan Towers 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 Attention Mark D Hensley, Esq Chicago Title Company National Projects Group 24300 Town Center Drive, Suite 370 Valencia, CA 91355 Attention Maggie G Watson, Senior Vice President 0S 3 2976 67 Any such notice, demand, request or other communication shall be deemed effective on the day of actual delivery as shown by the addressee's return receipt If the date on which any notice to be given hereunder (or if the date of Closing) falls on a weekend or legal holiday then such date shall automatically be extended to the next business day immediately following such weekend or holiday The foregoing addresses may be changed by notice given in accordance with this Paragraph 20 21 Amendment, Complgte Agreement All amendments and supplements to this Agreement must be in writing and executed by Buyer and Seiler All understandings and agreements between the parties (including any printed offer of sale provided by Seller to Buyer) regarding the Property are merged in this Agreement, which alone fully and completely expresses the agreement of the parties regarding the Property This Agreement has been entered into after full investigation of the facts by both parties and neither party has relied on any statement or representation not embodied in this document This Agreement has been drafted through a joint effort of the parties and their counsel and therefore shall not be construed against either of the parties as the draftsperson 22 Governing Law This Agreement shall be governed under the laws of the State of California 23. CguntopaAs. Higgs and Dpflued Terms. This Agreement may be executed in several counterparts each of which shall be an original, but all of such counterparts shall constitute one such Agreement The headings used herein are for convenience only and are not to be construed to be part of this Agreement. For the purposes of this Agreement, (a) the term "including" means "including without limitation," and (b) when a time period is specified in this Agreement for the performance of an act or the occurrence of an event, "days" shall mean "calendar days," unless otherwise specified herein 24 Time of the Essence Time is of the essence of this Agreement 25 Waiver The waiver by one party of performance of any covenant, condition or promise shall not invalidate this Agreement, nor shall it be considered to be a waiver by it of any other covenant, condition or promise The waiver by either or both parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time The exercise of any remedy provided in this Agreement shall not be a waiver of any other remedy provided by law 26 Third Parties Nothing contained in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement 27 Severability If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceabihty shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, unless such invalidity, illegality or unenforceabihty materially affects the transactions contemplated by this Agreement or the ability of either party to perform its obligations under this -15- o 9 0 2u , U Agreement In such case, either party may terminate this Agreement and the Escrow on written notice to the other party given no later than ten (10) business days after the party giving such notice becomes aware of such invalidity, illegality or unenforceability, and the provisions of Paragraph 2.11 above shall apply 28 Additional Documents. Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be reasonably necessary to carry out the provisions of this Agreement 29. Assizarrignt, Binding Effcct. This Agreement shall not be assignable by Buyer to any other party without the prior written consent of Seller Subject to the foregoing, this Agreement shall be binding upon the successors and assigns of Seller and Buyer. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written QUYF, CITY OF EL a municip 1 By Title ATTEST 6041-Dow" e � Cindy Mo ensen City Clerk APPROVED AS TO FORM Mark D Hensley, City Attorney SELLER TPG -EL SEGUNDO PARTNERS, LLC, a California limited liability company By- THOMAS PROPERTIES GROUP, L P., a Maryland limited partnership Its Manager By THOMAS PROPERTIES GROUP, INC, a Dclawarew4wxAtion Its General er m M A Thomas, D - v -16- U91 2976 . De- �, Receipt of the foregoing instructions by Escrow Holder is acknowledged, said escrow holding is accepted and Escrow Holder agrees to hold and dispose of the funds and documents deposited in the escrow in accordance with these instructions Dated \ -17- Chicago Title Company am Tittle. v�� 29 7: D LIST OF EXHIBITS Exhibit I I Legal Description of Real Property Exhibit 2.1 Escrow Holder's Standard Provisions Exhibit 3.1 Covenant (Buyer's Covenant Restricting Use of Property) m U�� 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 2976 PSOMAS A portion of the West Half of the Northeast Quarter of Section 7, Township 3 South, Range 14 West, in the Rancho Sausal Redondo, in the City of El Segundo, County of Los Angeles, State of California, and being more particularly described as follows: Beginning at the centerline intersection of Douglas Street, 150 foot wide, and Marlposa Avenue, 80 feet wide, thence along the centerine of said Mariposa Avenue, South 89° 59' 17" West 66137 feet to the centerline intersection with Duley Road, 40 feet wide; thence North 00° 00'00" East 40 00 feet to the north line of said Mariposa Avenue and the True Point of Beginning, thence North 00 °00'00" East 429 89 feet to the beginning of a non - tangent curve, concave northerly, having a radius of 325 00 feet, and to which beginning a radial line bears South 29 °04'31 "Bust; thence westerly 164.93 feet along said curve through a central angle Of 29004' 31' ; thence North 90 °00'00" West 450.15 feet to the easterly line of Parcel "E" as described in Instrument No 94- 1978699, of Official Records, recorded November 1, 1994 in the Office of the County Recorder of said County, thence along said easterly line South 1 053'26" East 159 31 feet, thence South 1'54'05" East 205 77 to the beginning of a curve, concave northeasterly and having a radius of 25 00 feet, thence southerly and easterly 38 45 feet along said curve through a central angle of 88'06'38" to the north line of Manposa Street, thence along said north line, North 89059'17" East 57101 feet to the True Point of Beginning This Legal Description is not intended for use in the division and/or conveyance of land in violation of the Subdivision Map Act of the State of California, The intent of this legal description is to describe Lots 8 and 9 of unrecorded Tract No 53570 Douglas R Howard PIS 6169 PSOMAS W iiTHO030501LLot Line Adjustment No Moccer DOC DRHV(DS November 9 2005 //- 0 9 -2avS Date Sheet 1 of 1 No, 6t1I6�9 EXPIV- k /tb D 091 SHEET I OF 1 �976D SOCCER FIELD r ME—OF 6E01NNIN0 2 DOUGLAS STREET [X3APt1t��.F. scia.� t "iW' No 53570 OF BNING 4r29'04'31" L- 164,93' R- 328.00' n b e ract No 53570 b s to �a W 40' 40' 095 t toste 'Z of rarcet - "k "" as Descr' a in Ins rumen o 94- 1978699 of Official Records, p= 88'06'38 recorded November 1, 1994 L =38.45' R =25.00' l 1, S 1'53'26" E _ S 1.54'05° E 205.77' b + 7 j j _ Q g NASH STREET g -, SOMAS 1 IM k flits 7511 xR w um - �¢nss as v... sVwwsm4a u" uw".� w M�tt,11M yaww er w A - ��oC(�• Y5/ faiuJ �1- S/lJ6N (� 095 CHICAGO TITLE COMPANY a, ' E n 700 S Flower Street, Suite 500, Los Angeles, CA (213)488 -4373 Fax (213)488-0380 Date ESCROW ACCEPTANCE LETTER Escrow No . 61007286 -X81 Escrow Officer Maurice Neri The undersigned as Escrow Holder hereby acknowledges receipt of the Agreement entitled Agreement of Purchase and Sale and Escrow Instructions by and between TPG-EL SEGUNDO PARTNERS, LLO, a California limited liability company ( "Seller) and CITY OF EL SEGUNDO, a California municipal corporation ("Buyer") The undersigned hereby agrees to (I) accept said Agreement, (IQ apt as Escrow Holder under the Agreement, (ill) be bound by the Agreement In the performance of its dudes as Escrow Holder subject to any conditions sot forth horeinbolow, and (Iv) effect the Closing provided Escrow Holder shall not have received notice from Seller or Buyer of the failure of any condition to the Closing or of the termination of this escrow or Agreement The Opening of Escrow as defined in Section 2 1 of the Agreement has been established as The Feasibility Period as defined in Section 2.9 of the Agreement will expire on The Closing Date as defined In Section 2.2 of the Agreement has been established as For purposes of this escrow, the Closing Date shall be the date upon which the Deed Is recorded in the official land records of the County of Los Angeles In the event conflicting demands are made or conflicting notices are served upon Escrow Holder with respect to the Agreement, the parties expressly agree that Escrow Holder may withhold all further proceedings in, or performance of, this escrow pending joint Instructions, or file suit In Interploader and obtain an order from the court requiring the parties to arbitrate or litigate their several claims and rights between themselves In the event such Interpleader suit is brought, the Parties jointly and severally agree to pay all costs, expenses and reasonable attorney's fees Incurred by Escrow Holder in connection therewith, the amount thereof to be fixed and judgment thereon to be rendered by the court In such suit, which fees and costs shall be deducted from the funds on deposit with Escrow Holder, prior to said funds being deposited with the court Notwithstanding any provisions of the Agreement to the contrary, in the event of termination of the Agreement by the parties pursuant to any provision contained therein, Escrow Holder reserves the right to require patties to provide Escrow Holder with mutually executed instructions to cancel this escrow and deliver any funds and /or documents on deposit Any party requesting termination shall do so In writing and provide the appropriate Section of the Agreement under which termination Is being requested. Notwithstanding any provision of the Agreement to the contrary, in the event of termination hereof, cancellation fees due escrow and /or title, If any, shall be paid from funds on deposit CHICAGO TITLE COMPANY By Maurice Ned, Sr Escrow Officer LTN - 08 /n /98bk 096 Recording requested by and when recorded mad to TPG -El Segundo Partners, LLC Ann Thomas S Ricci 355 South Grand Avenue Suite 2820 Los Angeles, CA 90071 COVENANT (Buyer's Covenant Restricting Use of Property) A TPG -EI Segundo Partners, LLC, a California limited liability company ( "Setter"), is the owner of certain real property containing approximately five acres and located at the northeast corner of Mariposa Avenue and Nash Street, in El Segundo, California and more particularly described in Exhibit "A" attached hereto (the "Property ") B Seller has agreed to sell to the City of El Segundo, a municipal corporation ("Buyer"), the Property on the terms and conditions of the Agreement of Purchase and Sale and Escrow Instructions dated December 5, 2005, 2005 ( "Purchase Agreement ") C Section 10 of the Purchase Agreement requires that Buyer execute a covenant which specifically restricts the use of the Property NOW, THEREFORE, in consideration of the foregoing, Buyer does hereby promise, covenant and agree to the following 1 Buyer shall restrict its use of the Property solely for the purposes of constructing, operating, and maintaining a park and/ athletic fields for use by the public or similar public facilities which are compatible with the improvements on Seller's adjacent property, such as a police station or community center 2 Buyer shall consult with Seller in developing plans and specifications for any proposed buildings or structures on the Property in order to assure compatibility with existing and proposed development on Seller's adjacent property, including, but not limited to, providing appropriate landscaping and using materials and finishes which complement the improvements on Seller's adjacent property, provided, however, that Seller shall not have any right of approval over such buildings or structures The provisions of this Covenant shall survive for a penod of thirty years 4 This covenant and agreement shall run with the land and shall be binding upon any future owners, encumbrancers, their successors, heirs or assigns D. a 31 U � 7 $ Executed this day of 2006 ATTEST Cindy Mortensen City Clerk APPROVED AS TO FORM Mark D Hensley, City Attorney CITY OF EL SEGUNDO, INC, A California municipal corporation M. 2- 098 City of El Segundo INTER - DEPARTMENTAL CORRESPONDENCE Date: June 2, 2006 To: John W Gilbert, Administrative Battalion Chief From: Steve Tsumura, Environmental Safety Manager Subject: REVIEW OF URS' LIMITED SITE INVESTIGATION — 827 NORTH DOUGLAS STREET I have reviewed the URS report entitled "Limited Site Investigation — 827 North Douglas Street, El Segundo, California" dated May 24, 2006 The following comments are provided PAGE 5, SECTION 2 7 — VOC INFILTRATION This section indicates Volatile Organic Compounds (VOCs) such as Tnchloroethene (TCE) contamination could take as long as 150 years to reach the Gage Aquifer, based on computer modeling and assuming uncovered soils If buildings and/or vapor membranes are installed, migration into the aquifer may be delayed further. According to engineers working at Plaza El Segundo, the cost to pump and treat contaminated groundwater in the perched aquifer could cost $100 /ft of piping, in addition to several thousand dollars in site preparation, treatment and disposal costs PAGE 11, SECTION 5 2 1 — PROPOSED FIRE STATION AREA Concentrations of benzene and tnchloroethane impact residential risk assessment calculations and almost exceed commercial /industrial risk assessment thresholds A vapor membrane should be installed to protect firefighters from long -term exposure to carcinogens Consultant estimates to install a vapor membrane are approximately $5 per square foot PAGE 11, SECTION 5 2 2 — PROPOSED SOCCER FIELD AREA Tnchloroethene drives the risk assessment The site failed both residential and commercial thresholds for enclosed buildings Persons playing on the soccer field will not likely be exposed to dangerous levels, but enclosed structures shall be required to have vapor bamers /membranes installed as a condition of building construction Artificial turf used for the soccer field will further reduce infiltration through enhanced drainage and erosion protection PAGE 14, SECTION 5 4 Asbestos was apparently removed from the site after soil sampling was completed It would be beneficial for the landowner to document any asbestos removal /studies that may have occurred over the past 3 -6 months 01) 9 PAGE 23, SECTION 6 5 2 It is apparent a protective vapor membrane needs to be installed for firefighters staying at the Fire Station For the soccer field, it is even more critical to incorporate vapor barriers and ventilation systems for any building located at the site PAGE 30, SECTION 8 0 RECOMMENDATIONS The use of an in -place "Environmental Management Plan" is discussed in the recommendations This would presumably include risk management strategies to allow the use or development of the soccer field for buildings exposed to vapors SUMMARY The risk assessment clarifies the degree of hazard for both the proposed fire station and soccer field Vapor barriers will likely be required for the fire station and any buildings over the proposed soccer field Open areas will likely have adequate ventilation to dissipate vapors and may not require any vapor membranes If it is decided to mitigate TCE contamination, costs can easily exceed $100,000 dollars quo EL SEGUNDO CITY COUNCIL MEETING DATE: July 18, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: Reports of Committees, Boards and Commissions AGENDA DESCRIPTION. Consideration and possible action to receive the Annual Report of the Capital Improvement Program Advisory Committee (CIPAC) Oral presentation will be made by CIPAC Chairman Mr Jason Aro (Fiscal Impact = none) RECOMMENDED COUNCIL ACTION. Recommendation — (1) Receive and file the Annual Report of CIPAC, (2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION. CIPAC is a committee appointed by City Council to evaluate and recommend projects to be funded in the Capital Improvement Program. CIPAC has solicited public input into this effort and has completed its project evaluations. The attached annual report presents the recommendations of the Committee ATTACHED SUPPORTING DOCUMENTS CIPAC Recommendations For FY 2006 -2007 (Annual Report) FISCAL IMPACT Operating Budget: NA Capital Improvement Program: NA Amount Requested: NA Account Number. NA Project Phase, NA Appropriation Required- NA LEA Steve Fintbn, Public Works Director DAT ? ,1/4 DATE- Vff/ k 1041 10 CAPITAL IMPROVEMENT PROGRAM ADVISORY COMMITTEE RECOMMENDATIONS FOR FISCAL YEAR 2006 -2007 CAPITAL IMPROVEMENT PROGRAM ADVISORY COMMITTEE Chairman: Jason Aro Vice- Chairman: Mike Dugan Committee Member: A.J. Paz Committee Member: Don Brann Committee Member: Anthony Hedayat 102 CAPITAL IMPROVEMENT PROGRAM ADVISORY COMMITTEE RECOMMENDATIONS FOR FISCAL YEAR 2006 -2007 Table of Contents I. Capital Improvement Project Recommendations for FY 2006 -2007 II. APPENDIX - Project Detail Sheets (available at the Public Works counter, 350 Main Street) 103 / All L i Capital Improvement Program Advisory Committee Chairman: Jason Aro Vice - Chairman: Mike Dugan Committee Members: A.J. Paz Don Brann Anthony Hedayat DATE: July 18, 2006 TO: Honorable Mayor and City Council Members FROM: The Capital Improvement Program Advisory Committee (CIPAC) SUBJECT: Capital Improvement Project Recommendations for FY 2006 -2007 . ......................................... ............................... CIPAC has completed its evaluation of capital improvement projects and respectfully submits its recommendations for projects to be included in the FY 2006- 2007 Capital Improvement Program (CIP) EXECUTIVE SUMMARY Twenty (20) projects worth a total of $5,240,000 were evaluated by CIPAC for funding in FY 2006 -2007 CIPAC is informed that $2,716,000 from various funding sources will be available for the CIP in FY 2006 -2007 CIPAC is pleased that funding will be sufficient to recommend thirteen (13) projects for funding in FY 2006- 2007 PUBLIC INPUT In an effort to solicit public input, CIPAC advertised and conducted a Public Workshop on May 10, 2006 in the City Council Chambers. The Workshop was taped and then broadcast later on local cable. During the Workshop, CIPAC presented a summary of the project submittal and scoring process, the opportunity for public input, the projects submitted for consideration, and then evaluated several projects to demonstrate the evaluation process. Approximately 15 persons attended the workshop and requested that CIPAC consider three additional projects for funding under the FY 2006 -2007 Capital Improvement Program Page 1 of 6 i9J�a CIPAC Annual Report For FY 2006 -2007 CIP FUNDING Funding levels for the FY 2006 -2007 CIP including funds derived from the General Fund, Water Fund, Sewer Fund, Gas Tax and Proposition C are expected to total $2,716,000 This is an increase from FY2005 -2006 levels with the addition of $250,000 in General Funds and $100,000 in Proposition C Funds. A $100,000 decrease in Gas Tax Funds will bring the overall increase down to $250,000. A breakdown of estimated funding amounts available for the FY2006 -2007 CIP is as follows- General Fund $750,000 Gas Tax $200,000 Water and Sewer rate increases are scheduled to increase again on October 1, 2006. These rate increases are consistent with the 2004 recommendations of the Water and Wastewater Rate Study Task Force. The FY2005 -2006 increase was implemented six months later than originally planned and it is assumed that the FY2006- 2007 increase will again be delayed by six months. Considering the delay and the shift of $130,000 from the CIP to the water operating budget, it is anticipated that Water and Wastewater Funds will be available for the FY2006 -2007 CIP in amounts as follows Water Fund $726,000 Sewer Fund $940,000 Proposition C Funds are also being considered for the FY2006 -2007 CIP These funds can be spent only on transit related improvements including the improvement of roadways carrying fixed transit routes. It is expected the Proposition C funding will be available in the following amount- Proposition C $100,000 Actual CIP funding levels will depend on final budget allocations adopted bythe City Council for FY 2006 -2007. PROJECT EVALUATIONS Staff submitted seventeen (17) protects for evaluation by CIPAC. Residents submitted two (2) additional protects prior to the FY 2006 -2007 CIPAC cycle. During the May 10'h Public Workshop, residents requested that CIPAC consider three (3) additional projects- 1. Alley drainage at 505 Virginia Street, 2. A park in the dunes area, and 3. Sewer improvement in Virginia Street. Page 2 of 6 1 6 ,) CIPAC Annual Report For FY 2006 -2007 CIP The park project is suitable for funding under a regional park grant funding program Staff will investigate potential grant funding opportunities. After review by City staff the sewer improvement project was deemed unnecessary For those reasons, only one project from the workshop was evaluated by CIPAC bringing the total number of projects evaluated to twenty (20). The estimated cost of all projects submitted is $5,240,000 Considering the funding levels indicated above, it is evident that not all projects can be funded this year CIPAC met on six occasions to discuss and evaluate projects. Regular meetings were held on March 29, April 12, April 26, May 24 and June 14, 2006 A Public Workshop was conducted on May 10, 2006 Staff from four City Departments - Public Works, Fire, Administrative Services and Recreation and Parks made project presentations and furnished details regarding the candidate projects. CIPAC evaluated and scored each project according to point scoring criteria in the following categories: ➢ Mandate - Degree to which the City required to implement the project by law. ➢ Contractual Obligation - The extent to which the City is contractually obligated required to implement the project ➢ Health and Safety - Extent to which the project will mitigate hazards ➢ Funding Status - Extent to which funds have been previously committed to the project ➢ Project Readiness - Timeliness of initiation and completion of the project. Productivity Improvements / Costs Savings - Duration of project cost payback ➢ Property, Facilities and Equipment Maintenance / Improvement - Degree to which the project replaces repairs or extends the life of a facility ➢ Community Interest - Degree to which the public desires the project to be completed The following table provides CIPAC's recommendations for FY 2006 -2007. Page 3 of 6 CIPAC Annual Report For FY 2006 -2007 CIP Fire Station 2 $250,000 95 Study 8 Sewer Litt Station $0 CIPAC considers this an important project, however, the Committee believes that construction cost escalations are making the incremental approach to funding this project ineffective A mechanism for funding should be pursued that doesn't consume such a large percentage of available capital funds Curb and Sidewalk $110,000 Replacement City Wide CIPAC recommends funding this annual project to reduce trip and fall incidents CIPAC recommends that the budget be reduced and supplemented with ope±a budget Replace Blue Stone with Study 8 Sewer Litt Station Stamped Concrete at Main $107,000 14 +++ ++ $175,000 Rehabilitation F $100'000 Street/Grand Avenue mmends funding the elimination study and design this year with potential construction in FY2007 -08 Elimination of Pump Station #7 would ity of a significant maintenance burden intersection F mmends that this project be fully funded such that this pedestrian crosswalk surface can be replaced with a suitable traffic bearing surface Reservoir Mixing System $150,000 13 ++,+ $150,000 CIPAC recommends that this project be fully funded to enhance water quality in the reservoir and increase the effective capacity of the water reservoirs Pump Station #7 Elimination Study 8 Sewer Litt Station $1,525,000 13 + i + 0 $175,000 Rehabilitation F mmends funding the elimination study and design this year with potential construction in FY2007 -08 Elimination of Pump Station #7 would ity of a significant maintenance burden Sewer Main Repair (Annual $500,000 13 +++ Program) $785,000 CIPAC recommends adding the balance of available Sewer Funds to this project to permit a greater amount of sewer rehabllitation this year Page 4of6 107 CIPAC Annual Report For FY 2006 -2007 CIP El Segundo I -Net (Institutional fiber Network) $230,000 13 w +++ $230,000 CIPAC recommends fully funding this project to establish an exclusive City data transmission system facility that would reduce costs and Increase efficiency Urho Sean Swim Stadium Window and Front Doors $140,000 13 ++++ $70,000 Re lacement Due to funding constraints, CIPAC recommends providing funds to complete only the window replacement this year Door replacement will be deferred to a future year Reconstruction of the West Side $245,000 11 $0 1 $200,000 of Virginia Street Between $135,000 11 +++ CIPAC understands the need to divert storm water from the sewer system Due to funding constrains, This project is not recommended for funding this $135,000 Sycamore Avenue and Maple 0$15,000) will supplem ent FY 2005 -06 funding ($98,000) to complete the softball and softball fields on the west side of the park Funding for thng field (George Brett Field) will be considered in a future year Avenue to improve Drainage CIPAC recommends fully funding this project to mitigate the impact of public drainage on private property Park !r9cornmends Retaining Walls at Recreation $245,000 11 $0 1 $200,000 CIPA funding this project to complete the retaining wall at the softball field and a simplified retaining wall at basketball courVTeen Center Recreation Park Electrical $132,000 11 +++ $0 1 $15,000 Phase Three (3) Supplemental CIPAC understands the need to divert storm water from the sewer system Due to funding constrains, This project is not recommended for funding this year D!fundf,,ng ing constraints, CIPAC recommends that this project be split into phases and completed in subsequent years The recommended l 2006- 0$15,000) will supplem ent FY 2005 -06 funding ($98,000) to complete the softball and softball fields on the west side of the park Funding for thng field (George Brett Field) will be considered in a future year Elimination of storm drain $405,000 11 E E7 $0 1 connections to sewer lines CIPAC understands the need to divert storm water from the sewer system Due to funding constrains, This project is not recommended for funding this year Storm Station 17 - dry weather $28,000 11 so diversion Implementation of this project is not required until FY 2008 -09 CIPAC recommends funding this project in that year Page 5 of 6 CIPAC Annual Report For FV 2006 -2007 CIP Five -Year Street Reconstruction $250,000 10 r $200,000 Program ICIPAC Program - Annual Program 500 Block between Virginia and $110,000 recommends reducing the scope to $200,000 to meet funding levels Water Main Replacement $600,000 10 I N Iff $476,000 Program - Annual Program 500 Block between Virginia and $110,000 8 6 CIPAC recommends funding this annual project to replace deteriorated water mains The amount recommended is reduced from $600,000 to $476,000 due to a budget shift from Capital to the operating budget Washington Park Irrigation $160,000 9 §0 System Replacement Due to funding constraints, this project is not recommended for funding this year Alley drainage Improvement, _T 500 Block between Virginia and $110,000 8 6 $0 Whiting Streets §U Main Street west to Hdlcrest Due to funding constraints, this project is not recommended for funding this year In response to the resident's comments, Public Works staff performed paving in the alley that mitigated the reported problem Emergency Backup Generator $100,000 7 N Iff §700,000 C that this project be fully funded to enable the City's stored water to be accessed if natural gas and electrical service is interrupted Stevenson Field Bleacher $23,000 6 $0 Upgrade N I Due to funding constraints, this project is not recommended for funding this year Jog Path in Greenbelt between _T r Imperial Hwy 8 Avenue, from $20,000 6 §U Main Street west to Hdlcrest Street Conce t Stutl Due to funding constraints, this project is not recommended for funding this year Additionally, it is unclear whether residents would support this project Before proceeding, an effort to determine public sentiment should be undertaken Total FY 2006 -07 Projects $5,240,000 $750,000 $200,000 $940,000 $726,000 $100,000 1 $2,716,000 Page 6 of 6 0 z aLL zm w� f9 F W N� O) F tQ U� 3 wIN K m W �qm J l 5 g.. LL O F Q W Z 2 m J a O= O O 6 m a Q w o x u � o 0 o > m RD; m_6°i8gSg:92 S85�m $ n.. . , . „6`m8?ma N � o ❑ LL b � E LL z ? u w E S b W LL 4 �a❑3 w z ❑o a ~ o °ozi2 m��w �w❑❑6 c Y ❑ iawgiF �:Wi (i' WuLLLL❑ m fi u 3 z z Q W U K� MM a o m T W W Tp J a ❑ F% ? m 2�? M 7 F K W W f? F S 6 n C G ggw <<F LL �Y a O- W ❑ O f¢ U w m LL$ a W W 3 m Y !'Zq�" > j w a❑ z_ � LLy�y V S W 1 n 1 0 1 .0 �'/ a d; W ❑ WY LL d�� Wa_' W W r❑-n ❑ N L O C "o�oarco �rwoa vy�gg66Qad o' g�Y� a5 � F a r7�m `�uaaax�rlLLU�Ec33LL33tQJw�Src Ou�O r ' 2a 6 8ag�$ m �Ram:���e�os9 v It R QW0 m mN ZU W o Q ry LLmou QO $ rc UQ g a �z Q W 0 ❑ n 6u LL ° rc 9Y m C Q 9 xLL�$Fni E Nma m° Y C 3geaw - N E At Y`�c m q c Em �y FF Y m U 0 W g o c m W v W � w2 5 m g E = E @ ° ❑ a cgEe WE o � OF I I U LL Q m 2 ❑ ❑ lld 5 W �qm Q 5 g.. c f 9Y m C Q 9 xLL�$Fni E Nma m° Y C 3geaw - N E At Y`�c m q c Em �y FF Y m U 0 W g o c m W v W � w2 5 m g E = E @ ° ❑ a cgEe WE o � OF I I U LL Q m 2 ❑ ❑ lld 5 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 6/9/2006 THROUGH 6122/2006 Date Payee Amount Description 611212006 West Basin Municipal 740,621 30 H2O payment 6/14/2006 Health Comp 81971 Weekly claim 6/9 6/15/2006 Employment Development 34,957 90 State Taxes 6/15/2006 IRS 182,89623 Federal Taxes 6116/2006 Federal Reserve 15000 Employee I Bonds 6/16/2006 Federal Reserve 25000 Employee EE Bonds 6/19/2006 Unum Provident 46970 LTC June 6/19/2006 Unum Provident 6,15589 LTD June 6/20/2006 La Salle 43,725 00 ABAG Payment 6/21/2006 CalPERS 261,905 80 PERS Retirement 6/21/2006 Lane Donovan Golf Partners 19,406 79 Lakes payroll transfer 6/21/2006 Health Comp 2,04094 Weekly claims 6/21 6/9- 6/22/06 Workers Comp Activity 109,143 26 SCRMA checks issued 1,402,542 52 DATE OF RATIFICATION: 7/5/06 TOTAL PAYMENTS BY WIRE. Certified as to the accuracy of the wire transfers by 1,402,542.52 D— i<nire o a 02b!a!r Dep ty Trea urer Date t�irector of mimstrative Service Date City M na&r Date' Info matron on actual expenditures is available in the City reasurer's Office of the City of El Segundo j'.i1 ❑ LL sm w� NH W � O >� tZ Up 3 Iw 8 LL ❑ N Q Q > O C a a a LL WO F a i m� N O N m N m N gg OR yy .2 d N O LLZ LL ❑ W Z N p Z U L t O W Ua iOa ZZ 52 �O ZZLLpOZ d LLU SW ❑❑� z ❑��yUUaagimm &�uwpo `w'ww¢z<R' LLLL¢i 0 yJ,LLC¢0NOQ� pFWj22ZKJNNN ❑ r XX W f m N y 0 Z_ ... 1]]] ¢¢ Z K K U 2 �i14pLL 3333�❑tm ❑❑rK 1-C yK?OawW KK> 3 Z LL LL Fa� ❑F F Q ~� iO 0M F d W 4 iz �N Ri wJ o p O V�aaz e�a §1 N2g ? 3K LLJ w�p m ��N U rc�LLg' F o� ¢id diLL w N or o Jp m IB o °o---- .--- ---- - --SN'R �4 „$$0'0m N 4 N S a w w i N 'n P N z O N wcN �zggw 0a E� O N = O_U U0 LL OL QJ rU F W F 2 O J a � Z W J O N Y u w_ U O i FE loW Y V c � w m �U �g s� W U C rc� w\` a `u F y. t n Vq � C2 N 9 u i m n mnnf �� maa90 E E § 3 CwL n art' n E Y 5 O V n h t Y 9 6 { N FdF [ SSV d i m W nom u m W S c u 9 a F w $ w a a °hvn� � v z ❑ O w a m 2❑ O i12 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 6/23/2006 THROUGH 7/612006 Date 6/28/2006 6/29/2006 6/29/2006 7/3/2006 7/3/2006 7/5/2006 7/5/2006 7/5/2006 7/5/2006 7/5/2006 619 - 6122106 Payee Amount Description Health Comp Employment Development IRS Federal Reserve Federal Reserve Lane Donovan Golf Partners Unum Provident CalPERS CalPERS Health Comp Workers Comp Activity DATE OF RATIFICATION; 7/18/06 TOTAL PAYMENTS BY WIRE- Certified as to the accuracy of the wire transfers by Depu Trea rer Date 2,02418 40,474 98 199,829 07 15000 35000 20,000 00 41070 262,647 74 329,753 12 50001 109,143 26 965,283 D6 7 -lo -06 Date Weekly claims 6/23 State Taxes Federal Taxes Employee I Bonds Employee EE Bonds Lakes payroll transfer LTC July PER$ Retirement PERS Health Ins Weekly claims 6/30 SCRMA checks issued 966,283.06 Infdrrfi Lion on actual expenditures is available in the City Treasurer's Office of the City of El Segundo x13 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JUNE 20, 2006 - 5 00 P M 5 00 P M SESSION CALL TO ORDER — Council Member Jacobson at 5 00 p m ROLL CALL Mayor McDowell Mayor Pro Tern Busch Council Member Boulgardes Council Member Fisher Council Member Jacobson Present — Arrived at 5 02 p m Present — Arrived at 5 05 p m Present Present Present 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 SPECIAL ORDER OF BUSINESS — Consideration and possible action to appoint the City Attorney as labor negotiator with regard to the terms and conditions of the City Manager's employment contract MOTION by Council Member Boulgarides, SECONDED by Council Member Fisher to appoint the City Attorney as labor negotiator with regard to the terms and conditions of the City Managers employment contract MOTION PASSED BY UNANIMOUS VOICE VOTE 3/0 MAYOR MCDOWELL AND MAYOR PRO TEM BUSCH ABSENT Mark Hensley, City Attorney, announced that Council would be meeting in closed session pursuant to items Identified on the agenda and that 54956 9(b) items were threats of litigation regarding the Fernbrook Homeowners Association regarding the RSI Program CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, including the Brown Aci (Government Code Section §54960, et sue) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators, as follows. MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE NO 1 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 3 matters City of El Segundo v. 2221 Park Place, LASC Case No BC319034 City of El Segundo v. CTF2, Alaska, LASC Case No BC319033 City of El Segundo vs City of Los Angeles, et. al LASC No BS094279 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 §54956 9(c) -0- matter DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -2- matters 1 Labor Negotiator Jeff Stewart, City Manager Unrepresented Employees Management/Confidential Employees (include all City Employees who are not members of bargaining units) 2 Labor Negotiator Mark Hensley, City Attorney Unrepresented Employee Jeff Stewart, City Manager CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) -0- matter SPECIAL MATTERS: Council will move to open session at approximately 6 30 p m Interview of candidates and potential appointment to one position on the Recreation and Parks Commission will be held in the West Conference Room, commencing at approximately 6 30 p m This meeting is open to the public Council consensus to re- appoint Colleen Glynn -Rich to the Recreation and Parks Commission, for a full term to expire June 30, 2010 Council recessed at 6 52 p m MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE NO 2 Xis REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JUNE 20, 2006 - 7 00 P M 7 00 P M SESSION CALL TO ORDER — Mayor McDowell at 7 00 p m INVOCATION— Father Jim Anguiano of Saint Anthony Catholic Church PLEDGE OF ALLEGIANCE — Council Member Jim Boulgandes PRESENTATIONS — (a) Mayor Pro Tem Busch presented a Proclamation commemorating July 23, 2006 as National Parents Day in El Segundo Accepting the proclamation were Little League Parents of the Year, Randy and Amy Miera (b) Mayor McDowell announced the recognition of Colonel Joseph M Codispoti for his years of service to the community as the Commander, 61St Air Base Group, Department of the Los Angeles Air Force Base ROLL CALL Mayor McDowell - Present Mayor Pro Tem Busch - Present Council Member Boulgandes - Present Council Member Fisher - 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 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 Chris Powell, Board of Education, spoke in support of item number 3, the lease option agreement between the City of El Segundo and the El Segundo Unified School District regarding the operation of a swim complex Mike Briney, Board of Education, spoke regarding the lease option agreement between the City of El Segundo and the El Segundo Unified School District regarding the operation of a swim complex MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE NO 3 116 Bill Watkins, Board of Education, spoke regarding the lease option agreement between the City of El Segundo and the El Segundo Unified School District regarding the operation of a swim complex, and the upgrade of the athletic track and field Robin Funk, Board of Education, spoke regarding the lease option agreement between the City of El Segundo and the El Segundo Unified School District regarding the operation of a swim complex and the performing arts portion of the point use agreement Ron Swanson, resident, spoke in support of the option agreement between the City of El Segundo and the El Segundo Unified School District regarding the operation of a swim complex Scott Morgan, Lakes of El Segundo, spoke regarding Item number 2, and the Golf Course Managements desire to maintain the property located at 150 and 160 South Sepulveda Blvd Ed Little, West Basin Municipal Water District Introduced Richard Nagel, General Manager Richard Nagel, General Manager, West Basin Municipal Water District, presented an introduction and summary of new and continued projects in the City of El Segundo by West Basin Municipal Water District A PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MOTION by Council Member Jacobson, SECONDED by Council Member Boulgaredes to read all ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 B SPECIAL ORDERS OF BUSINESS Consideration and possible action to conduct a Public Hearing and introduce an Ordinance approving the issuance of a Petroleum Pipeline Franchise Agreement to Chevron Pipeline Company for a period of ten years for a jet fuel pipeline located generally in Virginia Street between Imperial Avenue and El Segundo Boulevard (Fiscal Impact $3,000 — estimated annual franchise fee) Mayor McDowell stated this is the time and place hereto fixed for a public hearing regarding an Ordinance approving the issuance of a Petroleum Pipeline Franchise Agreement to Chevron Pipeline Company for a period of ten years for a het fuel pipeline located generally In Virginia Street between Imperial Avenue and El Segundo Boulevard City Clerk Mortesen stated that proper notice was completed and no communications had been received In the City Clerk's Office Steve Fenton, Public Works Director, gave a report MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE NO 4 J. i 7 MOTION by Council Member Jacobson, SECONDED by Council Member Boulgandes to close the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Mark Hensley, City Attorney, read by title only ORDINANCE NO 1396 AN ORDINANCE GRANTING CHEVRON USA, INC AN OIL PIPELINE FRANCHISE WITH THE CITY OF EL SEGUNDO Council Member Boulgandes introduced the ordinance Second reading and adoption of Ordinance scheduled for July 18, 2006 C UNFINISHED BUSINESS 2 Consideration and possible action regarding adoption of a Resolution to declare City -owned property located directly east of 150 and 160 South Sepulveda Boulevard as surplus property and authorize the City Manager to commence the process to sell the property in accordance to Government Code §54222 (Appraisal Value - $360,000) Mayor McDowell left the dias and did not participate on this item due to a possible conflict of interest regarding clients with property in the area Seimone Jurjis, Planning and Building Safety Director, gave a report MOTION by Council Member Jacobson, SECONDED by Council Member Boulgandes to not declare City -owned property located directly east of 150 and 160 South Sepulveda Boulevard as surplus property MOTION PASSED BY UNANIMOUS VOICE VOTE 410 Mayor McDowell not participating due to a possible conflict with a business clients property 3 Consideration and possible action on a lease option agreement between the City of El Segundo (City) and the El Segundo Unified School District (District) regarding the operation of a swim complex proposed to be constructed by the District at El Segundo High School, 640 Main Street Jeff Stewart, City Manager, gave a report MOTION by Council Member Boulgarides, SECONDED by Mayor ProTem Busch to authorize the Mayor to execute the Lease Option Agreement No. 3607 between the City and El Segundo Unified School District MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 4 Consideration and possible action regarding the announcement of the appointment of a candidate to the one vacancy on the Recreation and Parks Commission MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE NO 5 < i V Mayor McDowell announced the re- appointment of Colleen Glynn -Rich to the Recreation and Parks Commission for a full term to expire June 30, 2010 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 Approved Warrant Numbers 2553692 to 2553922 on Register No 17 in the total amount of $1,310,076 34 and Wire Transfers from 5/26/2006 through 6/8/2006 in the total amount of $931,22711 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 6 Approved City Council Meeting Minutes of June 7, 2006 Awarded Contract No 3608 to lowest responsible bidder, Damon Construction, for repair and maintenance of curbs, sidewalk and curb ramps citywide - Project No PW 06 -05 (Fiscal Impact $92,386) Authorized the City Manager to execute the contract on behalf of the City PULLED FOR DISCUSSION BY MAYOR PRO TEM BUSCH Awarded Contract No 3615 to S &L Specialty Contracting, Inc for construction related to Group 9 (25 residences) and Professional Building Contractors, Inc , Contract No.3616 for construction related to Group 10 (23 residences) of the Residential Sound Insulation Program (Estimated construction cost and retention - $2,075,610) Authorized the City Manager to execute the construction contracts in a form approved by the City Attorney 10 Accepted the work as complete on the project for surface refurbishment of seven (7) tennis courts and a basketball court at Recreation Park (339 Sheldon Street) Approved Capital Improvement Project— Project No. PW 06 -02 (Final Contract Amount $31,960) Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office 11 Accepted the work as complete on the project for installation of American with Disabilities Act (ADA) compliant Automatic Doors at the west entrance to City Hall (outside City Council Chambers), and the main entrance of the Police Department Approved Capital Improvement Project — Project No PW 05 -13, CDBG Project No 600803 -05 (Final Contract Amount $37,250) Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office 12 Approved the examination plans and revised class specifications for the Personnel Merit System job classifications of Battalion Chief and Fire Engineer MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE NQ 6 0 MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Boulgandes to approve Consent Agenda Items 5, 6, 7, 9, 10, 11 and 12 MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 MAYOR MCDOWELL NOT PARTICIPATING IN ITEM 7 DUE TO A POTENTIAL CONFLICT REGARDING THE LOCATION OF HIS RESIDENCE COUNCIL MEMBER BOULGARIDES ABSTAINING FROM ITEM 12, DUE A POSSIBLE FUTURE CONFLICT OF INTEREST CALL ITEMS FROM CONSENT AGENDA 8 Consideration and possible action regarding the approval of Contract Change Orders in con /unction with construction of Douglas Street Gap Closure Project (Fiscal Impact, $71,49076) MOVED by Mayor ProTem Busch, SECONDED by Council Member Jacobson to authorize the Director of Public Works to execute Contract Change Orders Nos. 2, 3, 6 and 8 to the existing Public Works Agreement with SEMA Construction, Inc in conjunction with construction of the Douglas Street Gap Closure Project (Fiscal Impact $71,490 76) MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 F NEW BUSINESS 13 Consideration and possible action regarding adoption of a Resolution authorizing the City Manager to bid and award contracts for equipment and vehicles funded In the FY 2005- 2006 Equipment Replacement Fund and approval to retire and surplus identified equipment and vehicles (Fiscal Impact $873,538) Steve Fenton, Director of Public Works, gave a report MOTION by Council Member Boulgandes, SECONDED by Mayor Pro Tern Busch, to adopt Resolution No 4472 authorizing the City Manager to bed and award contracts for equipment and vehicles funded in the FY 2005 -2006 Equipment Replacement Fund and approval to retire and surplus identified equipment and vehicles MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 14 Consideration and possible regarding a new Alcoholic Beverage Control (ABC) license for a new retail establishment under construction at a new shopping center (Plaza El Segundo) located at 720 South Sepulveda Boulevard, EA No 706 and AUP No 06 -4 Applicant Cost Plus, Inc (Fiscal Impact- None) Council consensus to take no action to protest 15 Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license for a new restaurant under construction at a new shopping center (Plaza El Segundo) located at 2015 Park Place, EA No 709 and AUP No 06 -6. Applicant Salt Creek Grille El Segundo, LLC aka Salt Creek Grille (Fiscal Impact None) MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE NO 7 Council consensus to take no action to protest G REPORTS — CITY MANAGER — NONE H REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK Announced the next Regular Meeting of the City Council will take place on July 18, 2006, due to Council cancellation of the July 5, 2006 meeting J REPORTS — CITY TREASURER K REPORTS — CITY COUNCIL MEMBERS Council Member Fisher - NONE Council Member Jacobson — Independent Cities meeting regarding the AB 2987 the AT &T bill on deregulations of communications Noted that staff had placed "No Fireworks" signs throughout the community Council Member Boulgandes — Congratulated everyone on the Super CPR Saturday event Mayor Pro Tern Busch — Reported on the City's efforts to amend the SCAQMD Board composition and stated it had progressed to the State Senate He announced that Siemone Jurps, Director of Planning and Budding Safety, would be leaving our City staff Mayor McDowell — Spoke on AB 2987, the AT &T Telecommunications Bill Congratulated all parties on the successful Beauty and the Beach Cleanup last Saturday 16 Consideration and possible action to appoint a member of the City Council as the City of El Segundo's representative on the Southern California Cities Joint Powers Consortium Council consensus to appoint Council Member Fisher to serve as the City's representative on the Southern California Cities Joint Powers Consortium. 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 pnor to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a tine 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 Devon Naccarato, Eagle Scout candidate spoke regarding his Eagle Scout project collecting and the retirement of old United States Flags MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE NO 8 a 24 1 �. 1 MEMORIALS — Jackie Adkins, Mother of Pam Earle Condolences to Pam and Shannon Earle and the entire Adkins family CELEBRATION — Birth of Colin Dean Sumi to parents Dean and Becky Sumi and the first grandchild of former Mayor Pro Tern John Gaines and his wife, Susan ADJOURNMENT at 8 37 p m. Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE NO 9 i