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2008 FEB 06 - CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Any writings or documents given to a majority of the City Council regarding any matter on this agenda that the City received after issuing the agenda packet, are available for public inspection in the City Clerk's office during normal business hours. Such Documents may also be posted on the City's website at www.elsegundo.org and additional copies will be available at the City Council meeting. 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 portions of the Meeting. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 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, MARCH 4, 2008 - 5:00 P.M. Next Resolution # 4544 Next Ordinance # 1418 5:00 P.M. SESSION CALL TO ORDER ROLL CALL PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et se g.) for the purposes of conferring with the City's Real Property Negotiator; and /or 1 0 i conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) - -3- matters 1. Pulido v. City of El Segundo, et al., Ninth Circuit Court of Appeals Case No. 06- 55539/06- 55798. 2. Solomon vs. City of El Segundo, LASC Case No. BC372401. 3. Federal Insurance Co. v. City of El Segundo, LASC Case No. YC056394. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -2- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matters CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0- matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter SPECIAL MATTERS: -0- matter Un 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. Any writings or documents given to a majority of the City Council regarding any matter on this agenda that the City received after issuing the agenda packet, are available for public inspection in the City Clerk's office during normal business hours. Such Documents may also be posted on the City's website at www.elsegundo.org and additional copies will be available at the City Council meeting. 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 portions of the Meeting. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 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, MARCH 4, 2008 - 7:00 P.M. Next Resolution # 4544 Next Ordinance # 1418 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Father Alexei Smith, Saint Andrews Russian Greek Catholic Church PLEDGE OF ALLEGIANCE — Mayor Pro Tern Eric Busch J 3 PRESENTATIONS a. Proclamation to declare Sunday, March 9, 2008 as "Knights of Columbus Day ". b. Proclamation proclaiming March 8, 2008 as California Arbor Day and invite all citizens to plant and care for Trees to the Sea with Tree Musketeers. ROLL CALL PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. Recommendation — Approval. B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS 1. Consideration and possible action regarding past and pending improvements at the Urho Saari Swim Stadium (The Plunge) at 219 W. Mariposa Avenue. (Fiscal Impact: None) Recommendation — (1) Receive and file; 2) Alternatively, discuss and take other action related to this item. D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 4 U4 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. 2. Warrant Numbers 2564330 to 2564541 on Register No. 10 in the total amount of $2,168,579.14 and Wire Transfers from 2/8/2008 through 2/21/2008 in the total amount of $1,551,145.16. 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. 3. Regular City Council Meeting Minutes of February 19, 2008. Recommendation — Approval. 4. Consideration and possible action regarding the acceptance of the Recreation Park Baseball Lighting and Scoreboard Replacement at 339 Sheldon Street. Capital Improvement Program RFP No 07 -07 (Final Contract Amount = $160,305.18). Recommendation — (1) Accept the work as complete; (2) Authorize the City Clerk to file a Notice of Completion in the County Recorder's Office; (3) Alternatively, discuss and take other action related to this item. 5. Consideration and possible action regarding the adoption of Ordinance No. 1416 to approve an amendment to the contract between the Board of Administration of the California Public Employees Retirement System (PERS) and the El Segundo City Council providing Section 21548 (Pre- Retirement Option 2W Death Benefit) for the City's local miscellaneous members (non safety employees). Recommendation — (1) Second reading by title only and adoption of Ordinance No. 1416, (2) Alternatively, discuss and take other action related to this item. 6. Consideration and possible action regarding adoption of Ordinance for: 1) an amendment to the existing Development Agreement for the Plaza El Segundo Development project ( "Project ") located generally near the northeast corner of Sepulveda and Rosecrans Boulevards, and 2) an amendment to the existing Commercial Center (C -4) Zone development standards consistent with the proposed Amendment to the Development Agreement for Project. (Fiscal Impact: None Recommendation — (1) Second reading by title only, and adoption of Ordinance No. 1417 for Zone Text Amendment No. 08 -01 and Development Agreement No. 07 -03 (Second Amendment to Development Agreement No. 03 -01) for the Plaza El Segundo Development; (2) Alternatively, discuss and take other action related to this item. 5 U 7. Consideration and possible action to amend an existing professional services agreement with MRH Structural Engineers and to approve a new agreement between J Lee Engineering and the City of El Segundo for building plan review services. Total amount not to exceed $395,000 for Fiscal Year 2007 -2008. (Fiscal Impact: None, FY 2007/2008 budget allocated $645,000 for professional plan review services. Expenditures are partially offset by revenue collected for plan review services paid by developers) Recommendation — (1) Approve a budget appropriation of $395,000 for building plan review services; (2) Authorize City Manager to execute a Third Amendment to the Professional Services Agreement with MRH Structural Engineers, in a form approved by the City Attorney to increase the amount in the agreement and purchase order by $195,000 for plan review services; (3) Authorize City Manager to execute a Professional Services Agreement with JLee Engineering, in a form approved by the City Attorney for an amount and purchase order of $200,000 for plan review services; (4) Alternatively, discuss and take other action related to this item. 8. Consideration and possible action regarding approval to sell and dispose of City property (computer equipment, office furniture, etc.) that has been designated as surplus and /or unsuitable for continued City use (Fiscal Impact: Revenue Recommendation (1) Recommend that the City Council declare City property identified in staff report as surplus and authorize the Purchasing Agent to sell items at auction; (2) Alternatively, discuss and take other action related to this item. 9. Consideration and possible action regarding an update on staffing and workload issues in the Planning and Building Safety Department. (Fiscal Impact: None Recommendation — (1) Receive and File; (2) Alternatively, discuss and take other action related to this item. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY REPORTS — CITY CLERK 6 06 J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Fisher — Council Member Jacobson — Council Member Boulgarides — Mayor Pro Tern Busch — 10. Consideration and possible action to hold the first El Segundo Environmental Fair on Thursday, July 3, 2008 (Fiscal impact: $3,000). Recommendation — (1) Approve the El Segundo Environmental Fair to be held in conjunction with the Farmers Market on Thursday, July 3, 2008, (2) Alternatively, discuss and take other action related to this item. 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, et se q.) 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. 7 UI REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE: TIME: UCH NAME: t 08 rocla att0n City of Oil oegunbo, Caiifomia WHEREAS, The Knights of Columbus Queen of Martyrs Council No., 4567, established on March 9, 1958, is celebrating its 50th Anniversary of service to the communities of El Segundo, Manhattan Beach and Hermosa Beach; and WHEREAS, the Knights of Columbus Council No. 4567, a Catholic men's fraternal organization that strives to exemplify the principles of charity, unity, fraternity and patriotism, have been an active and vibrant part of our community through their many acts of charity and fund raising activities; and WHEREAS, for the past 50 years, the members of Council No. 4567 have strived to be men of prayer and integrity and have amassed hundreds of thousands of volunteer hours while serving the needs of our community; and WHEREAS, special activities have been planned to celebrate the occasion of the Knights of Columbus Council No. 4567's 50th Anniversary, and it is fitting thatwe should join in this expression of our pride and appreciation for Council No. 4567's commitment to making the El Segundo community a better place. NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo, California, hereby proclaim Sunday, March 9, 2008 as "KNIGHTS OF COLUMBUS DAY" and hereby congratulate the Knights of Columbus Council No. 4567 on their 50th Anniversary. �F u�r�°✓(. � /ire �L �/ <er l <ic��J<rr <t�rii`r . �iri i,Y /t iJ rir U- QCitp of Cl 6egunbo, California 10 ma WHEREAS, Arbor Day was founded by J. Sterling Morton and first celebrated in the United States in 1872 as a special day for the planting of trees. In the State of California, Arbor Day has been observed since 1911 to enhance appreciation and knowledge of the State's natural wonders; and WHEREAS, El Segundo Arbor Day celebrations have been presented annually since 1988 by local youth, and as a result of our City's commitment to its community forest, El Segundo was named a Tree City USA in 2003 and 2004; and WHEREAS, Arbor Day is a time to recognize the value of our community's trees that clean the air, reduce noise, absorb smells, produce life sustaining oxygen, prevent erosion, help conserve energy and water, increase property values, enhance the economic vitality of business areas, beautify our community, and wherever trees are planted, they are a source of joy and spiritual renewal that bring people together as neighbors; and WHEREAS, TREE MUSKETEERS and hundreds of volunteers tall and small will plant 121 Trees to the Sea in the Imperial Highway median strip to create a green noise and pollution barrier between Los Angeles International Airport and El Segundo and to beautify the northern gateway to our city on March 8, 2008 at 9:00 AM in observance of California Arbor Day; and WHEREAS, The Trees to the Sea project to plant a total of 500 trees on the once barren Imperial Highway will be completed this Arbor Day. NOW, THEREFORE, the Mayor and members of the City Council of the City of El Segundo, California, join with communities across the State of California in proclaiming March 8, 2008 as California Arbor Dayand invite all citizens to plant and care for Trees to the Sea with TREE MUSKETEERS and to honor all trees and the young people of our community for the important roles they play in improving our hometown quality of life. /iryrr . �� . /eir? � Lrr . /rr.i r �rl >rCr Fiy �r / /iIr �irrlJirYri�J �trrrcr rr f> �l irY�`irY�.,VIi i0 EL SEGUNDO CITY COUNCIL MEETING DATE: March 4, 2008 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action regarding improvements and repairs at the Urho Saari Swim Stadium (The Plunge) at 219 W. Mariposa Avenue. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1). Receive and file; 2). Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: At the February 6, 2008 City Council meeting, Councilmember Fisher requested a report be brought back to City Council regarding improvements and repairs at the Urho Saari Swim Stadium (The Plunge) over the past several years and any future plans that are pending. Multiple smaller scale expenditures and maintenance projects have been completed over recent years either by in -house City staff or by contracting out the projects. These projects were paid through Public Works or Recreation and Parks Department maintenance and operations budgeted funds. Some examples of these include painting the interior of the aquatic stadium; installation of new lifeguard stations; replacement of stadium bleacher bench seating covers; locker room and shower repairs; etc. More substantial projects that have been completed, as well as pending projects, are identified in Attachment #1. (continued on the following page...) ATTACHED SUPPORTING DOCUMENTS: Attachment #1: Past and Pending Improvements at Urho Saari Swim Stadium FISCAL IMPACT: None Operating Budget: $399,000 Aquatics Facility CIP / $70,000 Plunge Window Replacement CIP Account Number: 301 - 400 - 8202 -8989 / 301 - 400 - 8202 -8476 Amount Requested: - -- Project Phase: - -- Appropriation Required: _Yes X No ORIGINATED: DATA Ri and Brunet , Recreation and Parks Director R VIEWE DATE: J rt, City Manager 1 ii BACKGROUND & DISCUSSION: (continued from the previous page...) On February 6, 2007, City Council approved a Public Works Professional Service Agreement with Rowley International, an aquatic design, engineering, and consulting firm, to address the filter replacement needs for the Urho Saari Swim Stadium. The facility's large, multiple -steel tank rapid rate sand filtration system is corroding from the inside out, as evidenced by rust particles found in the circulation system and tank leaks that occur. A new filter system and replacement of associated pool circulation equipment is needed in order to keep the facility's water filtration systems operating properly. Both the large and small pools within the Urho Saari Swim Stadium currently share the same circulation equipment. If the existing filters are replaced with a new system, the position of the County of Los Angeles Department of Environmental Health would find this shared circulation equipment unacceptable. Other issues pertaining to the circulation and gutter systems would also need to be addressed in order to meet current codes. A plan to modify the swimming pool piping for both existing pools in order to facilitate the independent connection of each swimming pool to its own new circulation equipment has been proposed to the County. Modifications proposed for the smaller pool include elimination of the existing gutter system and conversion to a surface skimmer system. Surface skimmer systems are level with the pool deck whereas the existing gutter system is located below the pool deck level. A new surface skimmer system would allow a direct equipment connection without the need for a surge and would then be connected to a new high efficiency circulation pump, a new high rate sand filter system, a plate heat exchanger, and a Siemens chemical control monitor and sanitization system. A dual main drain system would also be added. The proposed renovation plan for the large pool is to re -pipe the circulation system to incorporate a surge chamber and new circulation equipment. Currently there is no surge chamber. The piping renovation plan proposed includes removal of the existing gutter outlets, replacement with new and additional outlets and associated piping. The existing wall return inlets will be removed along with associated piping. New wall inlets will be installed and the number of return inlets would also be increased. There are currently four (4) main drain covers at the deepest point of the pool floor. Since floor return inlets would compromise the structural integrity of the existing pool shell and force a complete facility renovation, the design intent is to preserve the historical and structural integrity of the facility. The new system would then be connected to a new high efficiency circulation pump, a new high rate sand filter system, a plate heat exchanger, and a Siemens chemical control monitor and sanitization system. The County has recently responded to and approved the proposal as presented. Cost estimates for the proposed renovations will be estimated by Rowley International and brought back to City Council. 01 ATTACHMENT #1 COMPLETED PROJECTS YEAR PROJECT COST 1999 Siemens boiler replacement $157,142 1999 Siemens roof replacement 88,000 2005 Replacement of chlorinator 33,417 2005 Reinforcement of the ceiling trusses 124,898 2007 Replacement of deck heaters 8,258 system. In the large pool install a new gutter system and surge PENDING PROJECTS YEAR PROJECT COST 2008 Window Replacement (plans and specifications approved, $ 70,000 project being advertised for bids Unknown New filter system and replacement of associated pool Unknown circulation equipment. Modification of existing pools to facilitate independent connection. Convert the small pool gutter system. In the large pool install a new gutter system and surge tank. 13 O Z O LL Oy Z m O N U J WQ W� LL (7 }OZ F- ¢ U � 3 0 K W F y LU W R' m 0 0 aN O x U K Q f LL O U) Q J 0 a CL a 0 O 0 r N a0 m N fA r foO N v n O tDN N 00 00 ma �o �O� coo m rr m o(o om No I� � � N O � � � � � � N � � � (V O C roomeomy z O a m m m .- m m m I! V m 0 [O N N CO m m N C In n n p W Z =i p LL Z W LL U W LL W g Z F- p W 5 Z O F- K J uj W Z 7 W O > U /- LL x LLJ O Z p O z p Q 0 ZO F O Z y OZ r-1-z �QJ'LLm n) U Z t- ULL5w W KUZZ� Z Z W U a' a' z,- O m 2 W W Q p W W M Q l- LL F- Z W LLp W �000yF1 =m pHXY�mZZZZC7 F- W:z, UK7(~il (,Am Q Opp ZLLLLLL W Kn?KK�? Q LL V¢l QQ� w W r~ ? Z U Z ul ? Z W m I- ¢ O Z= O W m m W ¢ � CC) W pQU�001 -Q �I.,, W n O W KpQ¢ W V- ZZ❑ o ZLLHOU) aa(x!Wwao¢a3wa ziw Ja Fn W �m�0��, 0 >pl -w0¢y C71 -vi¢QU aa¢x2H�aUJ¢U?LL��(�WJ QIiQ¢ 000¢OU ru x >a' W O v IU � '? fD m m �� o� tp r m m O N N •- N u'1 � N M N M � N M c0 o0 0 0 0- ` - - ^ -- T - - 2 0 0 0 0 0 0 0 0 0 0 0 o a o NMM VU-, v>In m�D <ornrr N 0 V N v C 0 0 U Z d to Z m h E Q 0 0 U Y R VI v c d v m O U 'D R C N c W ° M R J C n Z 0 R W < E o O U) D LL O U U LL O LL O F Z Q 0 U) OU U W x U F- t Z U W W z cc U Q ? O Q O r z t W W 0 0 N U7 Y Y U U W W S S U U O_ O O O R N a R E w c T R n U c v OI u c m rn GI N c 0 G C o R F o m a ,0 N s U U m `o R D R a c o. N � m � C r N o .Z U uoi W 0 U 0� 1 U m c c R v �j v U > > U N o s 7 $ R d D N ARV =m C U R mul �, O aRi u° U v Ew a ° E o E c m D a o o. R N ? U N o o u m _o o 22 N m R E 3 a W m m o y N aR 1 B D` U t N y> .§ N o W aci U N c N W O a m N E o E C R C E m .3 \ o a m m .o m.o o R� E2 c a c� lV a ° U v mu 2 W x N U w W U Z o II U Q LL Q7 II = Z LL Q O 1 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 2/8/2008 THROUGH 2/21/2008 Date Payee Amount Description 2/8/2008 Manufactures & Traders 2,300.00 Vantage 401 2/8/2008 Manufactures & Traders 37,600.63 Vantage 457 2/11/2008 State of CA 982.16 Child support withholdings 2/11/2008 Nationwide Retirement 28,117.24 457 contributions 2/11/2008 West Basin 816,480.72 H2O payment 2/12/2008 Pitney Bowes 10,000.00 City Hall Postage 2/12/2008 Federal Reserve 150.00 Employee I Bonds 2/13/2008 Cal Pers 274,438.06 Retirement 2/13/2008 Health Comp 12,754.74 Weekly claims 2/13/2008 Lane Donovan Golf 23,660.90 Lakes Payroll 2/20/2008 La Salle 43,725.00 ABAG Payment 2/21/2008 Ohno Construction 14,395.54 Retention 2/21/2008 Employment Development 45,943.48 State Taxes 2/21/2008 IRS 223,925.91 Federal Taxes 2/8- 2/21/08 Workers Comp Activity 16,670.78 SCRMA checks issued 1,551,145.16 DATE OF RATIFICATION: 3/4/08 TOTAL PAYMENTS BY WIRE: 1,551,145.16 Certified as to the accuracy of the wire transfers by: Date 212-5-108 Date 1 Z, (� Datel e City Treasurer's Office of the City of El Segundo. iJ REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 19, 2008 - 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 5:00 p.m. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Boulgarides - Present Council Member Fisher - Present Council Member Jacobson - 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. Mark Hensley, City Attorney, announced that Council would be meeting in closed session pursuant to items identified on the agenda and Government Code §54956.9(b) items were a threat of litigation regarding the Coleman Claim 07 -62 and the Henry Radio Claim 07 -48. CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) - -3- matters Pulido v. City of El Segundo, et al., Ninth Circuit Court of Appeals Case No. 06- 55539/06 - 55798. Solomon vs. City of El Segundo, LASC Case No. BC372401. Federal Insurance Co. v. City of El Segundo, LASC Case No. YC056394. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -2- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matters MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE NO. 1 l� CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0- matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter SPECIAL MATTERS: -0- matter Council recessed at 6:50 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE NO. 2 17 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 19, 2008 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Pastor Roger Kinsey, Pacific Baptist Church PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS a. Jaime Byrne and Suzanne Gutterman of the Muscular Dystrophy Association made a presentation to El Segundo Firefighters for the funds raised during the Fill the Boot Campaign. ROLL CALL Mayor McDowell - Present Mayor Pro Tem Busch - Present Council Member Boulgarides - 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. City Attorney, Mark Hensley, stated the restrictions on political campaigning during Council Meetings. Adam Gerrard, Tree Muskateers spoke on the Trees to the Sea, Arbor Day and donations that will be matched by a Federal Grant in the amount of one - hundred and ninety dollars per tree. Dickie VanBreen, Principal, Richmond Street School, spoke regarding the negative article written in the Herald on the parking at Richmond Street School. Mike Lewis, resident, spoke regarding the power outage on January 19. He spoke on the damage incurred and the letter received from the Southern California Edison regarding his loss. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE NO. 3 • A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Mayor ProTem Busch, SECONDED by Council Member Jacobson to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS Consideration and possible action to open a public hearing and receive testimony regarding 1) an Addendum to the previously Certified Final Environmental Impact Report ( "EIR ") for the Plaza El Segundo project located generally near the northeast corner of Sepulveda and Rosecrans Boulevards ( "Project "); 2) an amendment to the existing Development Agreement for the Project; and 3) an amendment to the existing Commercial Center (C -4) Zone development standards consistent with the proposed Amendment to the Development Agreement. The proposed Addendum, Development Agreement Amendment and the Zone Text Amendment would: allow for an increase in the Project development area from approximately 38.1 to 41.5 net acres and the maximum developable floor area from 425,000 to 448,829 square feet; allow for certain skin care uses, allow the sale of automobiles, and as an accessory use to the sale of automobiles the sale of automobile accessories, and automobile parts, not to exceed 5,000 square feet of leaseable floor area with at least 20% of the floor area devoted to the sale of retail products; modify setback requirements for environmental treatment structures, and permit LED signs for on -site advertising and art displays (the signs cannot be oriented towards public right of ways), The Project if amended would still be required to stay within the total traffic trip generation cap that was imposed on the original Project. (Fiscal Impact: None) Mayor McDowell stated this was the time place hereto fixed for a public hearing regarding an Addendum to the previously Certified Final Environmental Impact Report ( "EIR ") for the Plaza El Segundo project located generally near the northeast corner of Sepulveda and Rosecrans Boulevards ( "Project "); an amendment to the existing Development Agreement for the Project; and an amendment to the existing Commercial Center (C -4) Zone development standards consistent with the proposed Amendment to the Development Agreement. The proposed Addendum, Development Agreement Amendment and the Zone Text Amendment would: allow for an increase in the Project development area from approximately 38.1 to 41.5 net acres and the maximum developable floor area from 425,000 to 448,829 square feet; allow for certain skin care uses, allow the sale of automobiles, and as an accessory use to the sale of automobiles the sale of automobile accessories, and automobile parts, not to exceed 5,000 square feet of leaseable floor area with at least 20% of the floor area devoted to the sale of retail products; modify setback requirements for environmental treatment structures, and permit LED signs for on -site advertising and art displays (the signs cannot be oriented towards public right of ways), The Project if amended would still be required to stay within the total traffic trip generation cap that was imposed on the original Project. Clerk Mortesen stated that proper notice was completed and no written communication had been received by City Clerk's Office. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE NO. 4 i- Kim Christensen, Planning Manager, gave a report. MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to close the Public Hearing. MOTION PASSED BY UNANIMOUS VOTE. 5/0 Mark Hensley, City Attorney, read by title only: RESOLUTION NO. 4542 A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL TO APPROVE AN ADDENDUM TO A PREVIOUSLY CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT SUBMITTED BY ROSECRANS - SEPULVEDA PARTNERS 2, LLC, PERS PARTNERS, LLC, AND THE CITY OF EL SEGUNDO FOR ENVIRONMENTAL ASSESSMENT NO. 768 AND GENERAL PLAN CONSISTENCY TO DEVELOPMENT AGREEMENT NO. 07 -03 MOTION by Mayor ProTem Busch, SECONDED by Council Member Boulgarides to adopt Resolution No. 4542 to approve an addendum to a previously certified final Environmental Impact Report submitted by Rosecrans - Sepulveda Partners 2, LLC, PES Partners, LLC and the City of El Segundo for Environmental Assessment No. 768 and General Plan Consistency to Development Agreement No. 07 -03. MOTION PASSED BY UNANIMOUS VOTE. 5/0 Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1417 AN ORDINANCE REGARDING AN APPLICATION FROM ROSECRANS - SEPULVEDA PARTNERS, LLC APPROVING DEVELOPMENT AGREEMENT NO. 07 -03 (SECOND AMENDMENT TO DEVELOPMENT AGREEMENT NO. 03 -01) AND ZONE TEXT AMENDMENT NO. 08 -01 AMENDING SECTIONS 15-5G-2,15-5G-6(D), AND 15 -15G -9 OF THE EL SEGUNDO MUNICIPAL CODE, FOR THE PLAZA EL SEGUNDO DEVELOPMENT. Council Member Boulgarides introduced the ordinance. Second reading and adoption of the Ordinance scheduled for March 4, 2008. C. UNFINISHED BUSINESS 2. Consideration and possible action to approve a professional services agreement with Bernards in the amount of $404,366 to provide construction management services for the replacement of Fire Station 2. (Fiscal Impact: $404,366) Kevin Smith, Fire Chief, gave a report. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE NO. 5 �: U MOTION by Council Member Boulgarides, SECONDED by Council Member Jacobson to authorize the City Manager to execute Professional Services Agreement No. 3786 with Bernards in the amount of $404,366 in a form as approved by the City Attorney. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 3. Consideration and possible action regarding a recommendation to the City Council to approve the City's participation in West Basin Municipal Water District's "It's Time To Get Serious" Conservation and Water Use Initiative. (Fiscal Impact: None) MOTION by Mayor ProTem Busch, SECONDED by Council Member Jacobson to concur with recommendations from the City Council Environmental Subcommittee and the Water Conservation Committee to participate in the West Basin Municipal Water District's "It's Time To Get Serious" Conservation and Water Use Initiative and adopt Resolution No. 4543 in support of the West Basin Municipal Water District "It's Time To Get Serious" conservation and water use initiative. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 4. Approved Warrant Numbers 2564105 to 2564329 on Register No. 9 in the total amount of $867,897.96 and Wire Transfers from 1/25/2008 through 2/7/2008 in the total amount of $1,191,652.05. 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. 5. Approved regular City Council Meeting Minutes of February 6, 2008. 6. Approved a Data Transmission Network License Agreement No. 3787 with Equinix, Inc., in a form approved by the City Attorney, to install data transmission conduits in public streets for a private data network connecting Equinix's LA3 facility (1920 E. Maple Avenue) to Equinix's LA4 facility (445 N. Douglas Street) to connect the two data center facilities. Authorized the City Manager to execute. (Fiscal Impact: $10,000.00, annual license fee) 7. Approved the examination plan for the Personnel Merit System job classification of Water Maintenance Leadworker. (Fiscal Impact: None) 8. Authorized the City Manager to execute of two agreements with the State of California Franchise Tax Board agreements C0700162 (City Agreement No. 3788) and C0700163 (City Agreement No. 3789) for the sharing of business tax information. (Fiscal Impact: None) 9. PULLED FOR DISCUSSION BY MAYOR PROTEM BUSCH MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE NO. 6 �1 MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to approve Consent Agenda Item Numbers 4, 5, 6, 7 and 8. MOTION PASSED BY UNANIMOUS VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 9. Consideration and possible action to approve the addition of a Principal Planner position in the Planning and Building Safety Department. (Fiscal Impact: None) MOTION by Mayor ProTem Busch, SECONDED by Council Member Jacobson to approve the addition of a Principal Planner position in the Planning and Building Safety Department. (Fiscal Impact: None) MOTION PASSED BY UNANIMOUS VOTE. 5/0 F. NEW BUSINESS G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY I. REPORTS — CITY CLERK - Announced sample ballots would be in the mail the end of February. J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Fisher - Council Member Jacobson — Council Member Boulgarides — Spoke regarding the simulated tsunami emergency drill held in conjunction with Los Angeles County. 10. Consideration and possible action regarding the potential construction of a public restroom and lifeguard facility at El Segundo Beach just south of the Los Angeles County parking lot at the end of Grand Avenue. (Fiscal Impact: None) MOTION by Council Member Boulgarides, SECONDED to Mayor ProTem Busch to authorize staff to negotiate with Chevron regarding the ground lease for the land needed for the restroom /lifeguard facility and continue ongoing efforts with the County of Los Angeles regarding potential funding for the project. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mayor Pro Tern Busch - Spoke on the "Trees to the Sea" event scheduled for March 8, 2008 and Opening Day for Little League and Softball League. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE NO. 7 Mayor Pro Tern Busch requested an item be agendized for the next meeting to schedule an Environmental Fair, possibly to coincide with the Farmers Market, July 3, 2008. Also requested that a Parking Subcommittee meeting be scheduled and requested a report regarding fiber optics in El Segundo. 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. Liz Garnholz, resident, questioned the maintenance on the proposed public restrooms at El Segundo Beach. Also asked when the previously postponed air quality study would be done. She requested information on the parking structure sub - committee study and also what was being done with the fiber optics on Main Street. MEMORIALS — Garland Harper ADJOURNMENT at 8:25 p.m. Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE NO. 8 23 EL SEGUNDO CITY COUNCIL MEETING DATE: March 4, 2008 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding the acceptance of the Recreation Park Baseball Lighting and Scoreboard Replacement at 339 Sheldon Street. Capital Improvement Program PW No. 07 -07. (Final Contract Amount = $160,305.18). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Accept the work as complete; (2) Authorize the City Clerk to file a Notice of Completion in the County Recorder's Office; and (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On October 16, 2007, the City Council awarded a contract to Ace Electric, Inc. in the amount of $160,000.00 for the replacement lighting and a scoreboard at Recreation Park for the baseball field. A part required for the project was not included in the plans and specifications for $305.18 and was added to the project cost. The $305 item that wasn't included in the Ace Electric Contract was a transformer that was separate from the lighting system and part of the City's electrical system leading up to the lighting poles. LED lighting used on the project is the primary reason for the part. It was necessary to make the lights function. Work is complete to the satisfaction of the City. ATTACHED SUPPORTING DOCUMENTS: Notice of Completion FISCAL IMPACT: Operating Budget: Capital Improvement Program: Amount Requested: Account Number: Project Phase: Appropriation Required: $160,305.18 0 301 - 400 - 8202 -8473 Accept the work as complete No 2 '! M] Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name: Recreation Park Lighting and Scoreboard Replacement Project No.: PW 07 -07 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that: 1. The undersigned is an officer of the owner of the interest stated below in the property hereinafter described. 2. The full name of the owner is: City of El Segundo 3. The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245 4. The nature of the interest of the owner is: Public Park 5. A work of improvement on the property hereinafter described was field reviewed by the City Engineer on February 14, 2008. The work done was: Lighting and Scoreboard Replacement at Recreation Park. 6. On March 4, 2008, City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder. 7. The name of the Contractor for such work of improvement was: Ace Electric, Inc. 8. The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows: Public Park. 9. The street address of said property is: 339 Sheldon Street Dated: Dan Garcia Assistant City Engineer VERIFICATION I, the undersigned, say: I am the Assistant City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on , 2008 at El Segundo, California. Dan Garcia Assistant City Engineer Notice of Completions \PW 07 -07 EL SEGUNDO CITY COUNCIL MEETING DATE: March 4, 2008 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding the adoption of Ordinance No 1416 to approve an amendment to the contract between the Board of Administration of the California Public Employees Retirement System (PERS) and the El Segundo City Council providing Section 21548 (Pre- Retirement Option 2W Death Benefit) for the City's local miscellaneous members (non safety employees). RECOMMENDED COUNCIL ACTION: 1) Second reading by title only, and adoption of Ordinance No 1416; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On October 2, 2007 and October 16, 2007 the City Council approved tentative agreements and entered into three year Labor Agreements with the California Teamsters Public, Professional and Medical Employees Union, Local 911 (Police Support Services Employees Association Bargaining Unit) and the El Segundo City Employees Association respectively. (continued on next page) ATTACHED SUPPORTING DOCUMENTS: 1) Ordinance No 1416 2) PERS Exhibit — Amendment to Contract FISCAL IMPACT: None Operating Budget: Amount Requested: Account Number: Various Project Phase: Appropriation Required: Yes X NO ORIGINATED BY: DATE: February 20, 2008 Bob HylanJ,Jnterim Directo Human Resources , REVI rt, City Manager DATE: I -A-) PT Agenda 567 4v 5 BACKGROUND & DISCUSSION: The tentative agreement and the three year Labor Agreement with each bargaining unit provided for amending the contract between the Board of Administration of the California Public Employees Retirement System (PERS) and the El Segundo City Council providing Section 21548 (Pre- Retirement Option 2W Death Benefit) for bargaining unit members. The benefit will apply to all of the members of the City's local miscellaneous (non public safety) group of employees. Thus in addition to members represented by PSSEA and CEA, the members of the Supervisory and Professional Employees Association and the Management/Confidential employee group will be eligible for the benefit. Staff initiated the contract amendment process in October, 2007 by requesting that PERS prepare the required actuarial evaluation necessary to establish the cost of the benefit. Council adopted the Resolution of Intention and introduced and waived the first reading of the Ordinance on February 6, 2008. Government Code Section 7507 requires that the future annual costs of the proposed contract amendment be made public at a public meeting at least two weeks prior to the second reading and adoption of the final Ordinance. This was complied with on February 6, 2008. Government Code Section 20471 requires that there must be a 20 day period between the adoption of the Resolution of Intention and the second reading and adoption of the Final Ordinance. PERS recommends that the following cost information be disclosed: 1) Change in the Present Value of Benefits $212,351 2) Change in the Accrued Liability $135,397 3) Change in the Total Employer Contribution Rate 0.195% The estimated change in the total Employer Contribution Rate identified by PERS staff during the contract negotiation process was 0.2% - 0.4 %. PERS Description of Section 21548— "Pre- Retirement Optional Settlement 2 Death Benefit" "The spouse or domestic partner of a deceased member, who was eligible to retire for service at the time of death, may elect to receive the Pre - Retirement Optional Settlement 2 Death Benefit in lieu of the lump sum Basic Death Benefit. This benefit is a monthly allowance equal to the amount the member would have received if he /she had retired for service on the date of death and elected Optional Settlement 2, the highest monthly allowance a member can leave a spouse or domestic partner. The benefit is payable to your spouse or domestic partner until death. Upon the death of your spouse or domestic partner, the benefit will continue to your natural or adopted children under age 18 who have never been married." 2 1 ORDINANCE NO. 1416 AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. The City Council of the City of El Segundo does ordain as follows: SECTION 1: The attached Exhibit A, an amendment to the contract between the City Council of the City of El Segundo and the Board of Administration, California Public Employees' Retirement System, is approved and the Mayor is authorized to execute the amendment. SECTION 2: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 3: This Ordinance will become effective on the thirty -first (31S) day after its adoption. PASSED AND ADOPTED this day of 12008. Kelly McDowell, Mayor APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney Karl H. Berger, Assistant City Attorney Page 1 of 2 in ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1416 was duly introduced by said City Council at a regular meeting held on the day of , 2008, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of , 2008, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk Page 2 of 2 Ca1PERS California Public Employees' Retirement System EXHIBIT AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of El Segundo The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective October 1, 1943, and witnessed August 25, 1943, and as amended effective November 1, 1947, August 1, 1949, July 1, 1950, November 1, 1955, September 1, 1958, March 9, 1959, November 7, 1964, October 19, 1968, December 11, 1971, July 20, 1974, July 19, 1975, January 3, 1976, July 16, 1977, June 3, 1978, February 6, 1982, April 3, 1982, January 1, 1992, June 27, 1992, May 15, 1993, January 8, 1994, January 19, 1996, April 4, 1997, October 13, 1997, October 7, 2000, December 18, 2000, May 19, 2001 and July 2, 2004 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective July 2, 2004, and hereby replaced by the following paragraphs numbe --ed 1 through 13 inclusive: All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members; age 55 for local fire members and age 50 for local police members. Lj v l i'J 2. Public Agency shall participate in the Public Employees' Retirement System from and after October 1, 1943 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only- on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and /or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 superseded this contract provision by providing that any such temporary and /or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994. 6. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members shall be determined in accordance with Sectior 21354 of said Retirement Law, subject to the reduction provided therein for service on and after July 1, 1956, the effective date of Social Security coverage, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). J1 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full and Modified). _ 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local police member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 9. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624 and 21626 (Post- Retirement Survivor Allowance) for local safety members only. b. Section 21571 (Basic Level of 1959 Survivor Benefits) for local miscellaneous members only. C. Section 21222.1 (One -Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. d. Section 21222.2 (One -Time 5% Increase - 1971). Legislation repealed said Section effective January 1, 1980. e. Section 21024 (Military Service Credit as Public Service). f. Section 20042 (One -Year Final Compensation). g. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safety members only. h. Section 21548 (Pre- Retirement Option 2W Death Benefit) for local miscellaneous members only. 10. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 11. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. ti b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of..the periodic investigation and valuations required by law. C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 12. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the BOARD OF ADMINISTRATION,, PUBLIC EMPLOYEES' RET( ENT SYSTEM BY LORI MCGAR!tf��Id, CHIEF EMPLOYER StkVICES DIVISION PUBLICgMPLOYEES' RETIREMENT SYSTEM AMENDMENT ER# 0039 PERS- CON -702A (Rev. 10 \05) day of , CITY COUNCIL CITY OF EL SEGUNDO BY PRESIDING OFFICER ,1 ' Witness bate Attest: Clerk �3 EL SEGUNDO CITY COUNCIL MEETING DATE: March 4, 2008 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding adoption of an Ordinance for: 1) an amendment to the existing Development Agreement for the Plaza El Segundo Development project ( "Project') located generally near the northeast corner of Sepulveda and Rosecrans Boulevards, and 2) an amendment to the existing Commercial Center (C -4) Zone development standards consistent with the proposed Amendment to the Development Agreement for Project. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1) Second reading by title only, and adoption of Ordinance No. 1417 for Zone Text Amendment No. 08 -01 and Development Agreement No. 07 -03 (Second Amendment to Development Agreement No. 03 -01) for the Plaza El Segundo Development; and /or 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On February 19, 2008, the City Council held a public hearing and adopted Resolution No. 4542 approving Environmental Assessment No. 768 (Addendum to previously certified EIR). The Council also introduced an ordinance to adopt the Zone Text Amendment and Development Agreement Amendment for the Plaza El Segundo Development project. The Ordinance was read into the record and is presented for a second reading and adoption. If adopted without change, the provisions will become effective in 30 days. ATTACHED SUPPORTING DOCUMENTS: 1. Ordinance No. 1417 A. Draft Second Amendment to Development Agreement B. Conditions of Approval Including Mitigation Measures (MMRP) FISCAL IMPACT: None Operating Budget: N/A Amount Requested: N/A Account Number: N/A Project Phase: N/A ,4enrenriation Reauired: Yes X No - ORIGINATED BY: DATE: p Gary Chicots Director, Pla ing and Building Safety Department REVIEWED Jeff W4K, City Ma DATE: 7-A I I PAganning & Building Safety\PROJECTS \751 - 775 \EA - 768 \CC Documents \CC 02.19.2008 \Council Packet \3.4.08 \2008.03.04.EA - 768.Plaza 1b CC staff report.doc `1 • ORDINANCE NO. 1417 AN ORDINANCE REGARDING AN APPLICATION FROM ROSECRANS- SEPULVEDA PARTNERS 2, LLC, AND PES PARTNERS, LLC APPROVING DEVELOPMENT AGREEMENT NO. 07- 03 (SECOND AMENDMENT TO DEVELOPMENT AGREEMENT NO. 03- 01) AND ZONE TEXT AMENDMENT NO. 08 -01 AMENDING SECTIONS 15 -5G -2, 15- 5G -6(D), AND 15 -15G -9 OF THE EL SEGUNDO MUNICIPAL CODE, FOR THE PLAZA EL SEGUNDO DEVELOPMENT. The City Council of the City of El Segundo does ordain as follows: SECTION 1: The City Council finds and declares that: A. On March 1, 2005, the City Council adopted Resolution No. 4415 approving Environmental Assessment No. 631 (certified EIR) with respect to General Plan Amendment Nos. 03 -4 and 03 -5 for the Sepulveda /Rosecrans Site Rezoning Reduced Traffic Generation Alternative and the Plaza El Segundo Development Reduced Traffic Generation Alternative; introduced Ordinance No. 1382 for Zone Change Nos. 03 -2 and 03 -3, and ZTA 04 -1; and approved GPA Nos. 03 -4 and 03- 5 to re- designate and re -zone an approximately 54.9 -acre property at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue to allow retail uses that includes the development of a 425,000 square -foot shopping center to be known as Plaza El Segundo; B. On March 15, 2005, the City Council of the City of El Segundo ( "City Council ") adopted Ordinance No. 1382 for Zone Change Nos. 03 -2 and 03 -3, Zone Text Amendment No. 04 -1, and Subdivision No. 03 -7 for the Sepulveda /Rosecrans Site Rezoning Reduced Traffic Generation Alternative and Plaza El Segundo Development Reduced Traffic Generation Alternative, and Development Agreement No. 03 -1 for the Plaza El Segundo Development Reduced Traffic Generation Alternative; C. On August 7, 2007, the City of El Segundo adopted Ordinance No. 1406, which amended Development Agreement No. 03 -01; D. On July 25, 2007, Rosecrans - Sepulveda Partners 2, LLC, and PES Partners, LLC, filed an application for an Environmental Assessment No. EA -768) and Development Agreement No. 07 -03 (Second Amendment to Development Agreement No. 03 -01) to develop an approximately 70,000 square -foot commercial retail project on an 8.133 -acre property at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue that includes 46,171 square feet of previously approved commercial retail development on a 4.7 gross acre parcel. On January 10, 2008, Rosecrans - Sepulveda Partners 2, LLC, and PES Partners, LLC, filed an additional application requesting a Zone Text Amendment (ZTA No. 08- 01) relating to development standards in the Commercial Center (C -4) Zone for permitted uses, setbacks, and signs. If these matters are approved, the applicant proposes to add approximately 23,829 net square feet to the previously approved development of a 425,000 square foot shopping center, known as Plaza El Segundo; E. The applications from Rosecrans - Sepulveda Partners 2, LLC, and PES Partners, LLC, were reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC "); F. 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); G. An Addendum to the certified Final Program /Project Environmental Impact Report ( "EIR ") for the Original Project was prepared since some changes and additions to the previously certified EIR are necessary but none of the conditions require a subsequent EIR; H. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for January 24, 2008; On January 24, 2008, the Commission opened a public hearing to receive public testimony and other evidence regarding the applications including, without limitation, information provided to the Commission by City Staff, public testimony, and representatives of Rosecrans - Sepulveda Partners 2, LLC, and PES Partners, LLC; On January 24, 2008, the Planning Commission adopted Resolution No. 2630 recommending City Council approval of Environmental Assessment No. 768, Development Agreement No. 07 -03 (Second Amendment to Development Agreement No. 03 -01), and Zone Text Amendment No. 08- 01; K. On February 19, 2008 the City Council held a public hearing and considered the information provided by City staff, public testimony and Rosecrans - Sepulveda Partners 2, LLC, and PES Partners, LLC; L. On February 19, 2008 the City Council introduced Ordinance No. approving Development Agreement No. 07 -03 (Second Amendment to -2- :3 c� Development Agreement No. 03 -01) and Zone Text Amendment No. 08- 01 for the Plaza El Segundo Development (Reduced Traffic Generation Alternative); M. This Ordinance and its findings are made based upon the testimony and evidence presented to the City Council at its February 19 2008 public hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department. SECTION 2: Factual Findings. The City Council finds that the following facts exist: A. The approximately 8.13 -acre, irregularly shaped, subject property is located in the southern portion of the City of El Segundo. The site is comprised of 2 separate parcels of 3.41 acres and 4.72 acres that would be merged into one parcel. The entire subject property is roughly bounded by the Union Pacific Railroad to the north, the General Chemical and Air Products properties to the east, Rosecrans Avenue to the south, and Sepulveda Boulevard to the west. B. The majority of the site was historically devoted to industrial chemical manufacturing facilities. Honeywell International, Inc. and General Chemical had operational facilities on the site until 2003. At that time the facilities were closed and demolished for resale and reuse. Remediation activities for on -site soil contamination has also commenced on the Honeywell International property. C. The 8.13 -acre project site ( "Plaza El Segundo Project Site Phase 1 B ") has a Commercial Center land use designation and the zoning designation is the Commercial Center (C -4) Zone. The FAR for the Commercial Center land use designation is 0.275:1 and would permit up to 97,030 square feet of commercial shopping center development. The proposed project includes approximately 70,000 square feet of commercial shopping center development. D. Additional environmental evaluation has been conducted in an Addendum to the previously certified EIR for the proposed approximately 70,000 square -foot shopping center on the 8.13 acre project site that includes the additional 3.4 acres from the Rosecrans /Sepulveda Site Rezoning being added to the Plaza El Segundo development project. E. The proposed Plaza El Segundo Project Site Phase 113 would be constructed on approximately 8.13 gross acres within the Sepulveda /Rosecrans Site Rezoning and would implement the new C -4 zoning on that portion of the site. The proposed Plaza El Segundo Project Site Phase 1 B would be located south of the Union Pacific Railroad tracks at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue. -3- :j F. The proposed Plaza El Segundo Project Site Phase 1 B is a shopping center of approximately 70,000 square feet. It would include the addition of 23,829 square feet to the Plaza El Segundo project which is a 425,000 square -foot shopping center for a total of 448,829 square feet. The Plaza El Segundo Project Site Phase 1 B shopping center would contain retail and other commercial uses which could include specialty retail, home furnishings, electronics, a spa, health /skin care services, apparel and accessories, sales of automobiles and as an accessory use to the sale of automobiles the sale of automobile accessories and parts, and a variety of sit -down restaurants, and limited fast food restaurants excluding drive through restaurants. G. The proposed shopping center in Plaza El Segundo Project Site Phase 1 B would consist of several one- and two -story buildings with a maximum height of 65 feet. All development within the proposed Plaza El Segundo would conform to the C -4 development standards. H. The proposed FAR for this development would be 0.20:1 based on approximately 70,000 gross square feet of development on 8.13 net acres. Primary ingress and egress to the proposed addition to the Plaza El Segundo development would be provided from Sepulveda Boulevard via a driveway approximately 660 feet north of the intersection of Sepulveda Boulevard and Rosecrans Avenue and via a driveway approximately 370 feet east of the intersection of Sepulveda Boulevard and Rosecrans Avenue. An approximately 150 to 200 -foot deceleration lane will be provided for the Sepulveda Boulevard driveway. An approximately 94 -foot deceleration lane will be provided for the Rosecrans Avenue driveway. J. The addition to the Plaza El Segundo development is proposed to be constructed as one phase. Construction is expected to commence in mid 2008 and to be completed in 2009. K. An underground stormwater system would be constructed within the proposed 8.13 -acre site to detain storm water runoff that would connect to the on -site detention basin in the northeast corner of the site. The proposed Plaza El Segundo Project Site Phase 1 B would connect into the existing water and sewer lines. L. Parking for the proposed 8.13 acre portion of the Plaza El Segundo development is proposed to be located in surface parking lots that will surround the proposed shopping center buildings. Based on a total of 51,670 net square feet of commercial /retail space and 17,000 net square feet of restaurant floor area, 388 parking spaces are required. The -4- developer proposes to provide 394 parking spaces, which exceeds the City's parking requirements. M. An amendment to the previously approved Development Agreement for the Plaza El Segundo Project Site Phase 1 B includes modifications to the project site boundary, an increase in the allowable building square footage for the Plaza El Segundo Project by 23,829 square feet; subject to the City' Council's approval of an amendment to ESMC 15 -5G -2, to allow health and /or skin care services; an amendment to Section 4.1 of the Development Agreement to permit the sale of automobiles, and as an accessory use to the sale of automobiles, the sale of automobile accessories and automobile parts in Plaza El Segundo Project Site Phase 1B, provided such use does not exceed 5,000 square feet of leaseable floor area and provided that automobile repair and maintenance uses shall not be permitted; subject to the City Council's approval of an amendment to ESMC § 15 -5G -9, to allow on -site light emitting diode ( "LED ") signs; a fencing and landscaping screening requirement along the eastern boundary of Phase 1 B; a $25,000 contribution to the Downtown Signage Program; an irrevocable offer to dedicate land within the C -4 Zone for the extension of the Park Place right -of -way; and conditional funding of up to $2,418,000 for the City's acquisition of the Honeywell, Chevron and Union Pacific Railroad Park Place roadway segments for the extension of Park Place in connection with the development of Area B; conditions and requirements for the use of Park Place Extension funds for the construction of Park Place; and an amendment to Section 5.7 of the Development Agreement to provide that the term of the Development Agreement is for a period of 11 years from the date Ordinance No. 1382 became effective (April 16, 2005). SECTION 3: Zone Text Amendment Findings. Based on the factual findings of this Ordinance, the proposed Zone Text Amendment is necessary to amend the Commercial Center (C -4) development standards relating to permitted uses, setbacks and signs. Specifically, the Zone Text Amendment amends ESMC § 15 -5G -2 relating to permitted uses to allow health /skin care services; amends ESMC § 15- 5G -6(D) to exclude environmental mitigation structures that are required by other regulatory agencies, including but not limited to the Los Angeles Regional Water Quality Control Board and the Department of Toxic Substance Control, from setback requirements; and amends ESMC § 15 -5G -9 to permit light emitting diode ( "LED ") on site advertising and display signs. SECTION 4: Development Agreement Findings. The project approved as part of the Development Agreement, as amended, would be as generally described in Section 2 above. Pursuant to City Council Resolution No. 3268, adopted June 26, 1984, the City Council finds that: -5- .j A. The project is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan. The Development Agreement would provide the following public benefits in exchange for valuable development rights (eight -year entitlement): 1. Development of a property that is currently vacant and underutilized. 2. Increasing and further stabilizing the City's tax base through development of new commercial businesses. 3. Increase in employment opportunities for the City's residents. 4. Increasing the diversity of retail uses and services in the City. 5. Increasing City revenues through the generation of taxes that outweigh the City cost of services. 6. Development of a project that is consistent with the Elements of the General Plan. 7. The project would reduce the maximum permitted floor area ratio on the property from 0.6:1 to 0.275:1. 8. Improvements to roadways and intersections in the project vicinity. 9. Expansion of the planned ITS network to make it even more effective in relieving congestion. 10. Contribution of approximately $20,045 in police, fire, and library, mitigation fees to offset the impacts of the project on public services. 11. Contribution of approximately $407,675 in traffic impact mitigation fees to offset the impacts of the project on public roadway infrastructure. 12. Contribution of $25,000 for signage to enhance and promote businesses in the Downtown Specific Plan Area of El Segundo. B. The project is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. These uses and development standards are similar and compatible with the other commercially zoned districts in the City. C. The project is in conformity with the public convenience, general welfare and good land use practice. The proposed project permits a lower floor area ratio than allowed under the prior M -2 zoning (0.275:1 vs. 0.6:1). The project will facilitate constructing public roadways, through an irrevocable offer to dedicate land for public roadway purposes. The project will also be designed to support and encourage public transportation uses and contribute to the continued diversification of the southeast quadrant of the City by providing a broad range of commercial uses. D. The project will not be detrimental to the health, safety and general welfare. The project will not create any negative environmental impacts, -6- -Li 0 with the exception of traffic, operational and temporary construction related air quality, and temporary construction - related noise impacts, and cumulative solid waste and traffic impacts. The City Council has determined there are overriding considerations, which outweigh the identified unavoidable environmental consequences of the project. E. The project will not adversely affect the orderly development of property or the preservation of property values. The Commercial Center (C -4) Zone development standards and Development Agreement, as amended, will ensure that the project will be developed in an orderly fashion. All mitigation measures will be implemented at the time and place impacts occu r. F. The project would also be designed to support and encourage public transportation uses and contribute to the continued diversification of the southeast quadrant of the City. SECTION 5: Approvals. The City Council approves the following: A. The City Council adopts Development Agreement No. 07 -03 (the Second Amendment to Development Agreement No. 03 -01) by and between the City of El Segundo, and Rosecrans - Sepulveda Partners 2, LLC, and PES Partners, LLC, as set forth in attached Exhibit "A," which is incorporated into this Ordinance by reference. B. The City Council amends ESMC § 15 -5G -2 to read as follows: "15 -5G -2: PERMITTED USES: The following uses are permitted in the C -4 Zone: A. Fitness centers (indoors only). B. General offices not exceeding five thousand (5,000) square feet. C. Health /skin care services that are limited to non - invasive and /or minimally invasive cosmetic medical procedures that may be rendered by licensed health care professionals provided that such use does not exceed 3,000 square feet in floor area and at least twenty percent (20 %) of the floor area is devoted to the sale of retail products. D. Pet supplies and services including veterinary services. E. Restaurants and cafes. -7- 44 F. Retail sales uses (excluding off -site alcohol sales). G. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 22 of this Title." C. The City Council amends ESMC § 15- 5G -6(D) to read as follows: "D. Setbacks: The setback requirements shall not be applicable to environmental treatment facilities that are determined by a regulatory agency to be necessary to mitigate the presence of hazardous substances that are present in the soils on the parcel of property on which a treatment facility is located. However, the environmental treatment facility must otherwise comply with the City's traffic safety and building code requirements. 1. Front Yard: Twenty five feet (25') minimum. 2. Side Yard: Zero (0') minimum, unless one of the following conditions exists: a. If the side yard adjoins a dedicated street, at least twenty five feet (25') must be provided; and b. If the side yard abuts property with a different classification, the side yard setback is the average of the two (2) side yard setbacks, but not less than ten feet (10'). 3. Rear Yard: Fifteen feet (15') minimum unless one of the following conditions exists: a. If the rear yard adjoins an alley, dedicated street, public right -of -way, or if the primary access is through the rear yard, at least twenty five feet (25') must be provided; b. If the rear yard adjoins a railroad right -of -way, at least ten feet (10') must be provided; and, G. If the rear yard abuts property with a different classification, the rear yard setback is the average of the two (2) side yard setbacks, but not less than ten feet (10')." Other C -4 Zone Zone b C C r2 p C -4 Zone C -4 Mi Other' Zone i p' Min.. Zone 10' Min -N - n Alley or Street N C -4 Zone 25' Min. N The City Council amends ESMC § 15 -5G -9 in its entirety to read as follows: 1115 -5G -9: SIGNS: Signs in the C -4 Zone must comply with requirements of Chapter 18 of this Title. However, parcels that are comprised of a minimum of 7.5 acres and that have at least eighty percent of the floor area devoted to retail and restaurant uses may have up to two light emitting diode signs ( "LED Sign ") that do not exceed thirty (30) feet in height and sixty (60) feet in width so long as (i) the signs only advertise businesses and products (but only in conjunction with the name of the business that sells the product) that are located on the parcel or display movie projections and abstract videos that are not related to advertising any product or entertainment retail or service use and (ii) the sign is oriented such that it is intended to be viewed by individuals located on the parcel and not by individuals located in a public right of way. Pursuant to a development agreement that covers multiple parcels of property, and so long as the requirements of this provision are otherwise met, the names of businesses and products (but only in coniunction with the name of the business that sells the product) that are located on parcels that are subject to the development agreement may be advertised on a LED Sign located on another parcel that is subject to the same development agreement." in 113 E. Subject to the conditions listed on the attached Exhibit "B," which are incorporated into this Ordinance by reference, the City Council approves Development Agreement No. 07 -03 (Second Amendment to Development Agreement No. 03 -01) and Zone Text Amendment No. 08 -01. SECTION 6: 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 7: This Ordinance will remain effective until superseded by a subsequent Ordinance. SECTION 8: 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. -10- SECTION 9: This Ordinance will become effective on the thirty -first (31 st) day following its passage and adoption. PASSED, APPROVED AND ADOPTED this 4th day of March 2008. Kelly McDowell, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1417 was duly introduced by said City Council at a regular meeting held on the 19th day of February 2008, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 4th day of March, 2008, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney P: \Planning & Building Safety\ PROJECTS \751 - 775 \EA - 768 \Council Agenda Packet \03 -04 -08 hearing\2008.03.04.EA- 768.ord. doc -11- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF EL SEGUNDO 350 Main Street El Segundo, California 90245 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF EL SEGUNDO AND ROSECRANS - SEPULVEDA PARTNERS, 2, LLC AND PES PARTNERS, LLC (AREA A) THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 44386 \1273112v18 2/21/2008 TABLE OF CONTENTS Page 1. Recitals ................................................................................................... ..............................1 2. Amendment of Property Descriptions ................................................... ..............................4 3. Revised Acreage and Square Footage of the Project ............................. ..............................5 4. Conditions of Approval .......................................................................... ..............................5 5. Zone Text Amendment .......................................................................... ..............................5 5.1 Screening Requirements along the Eastern Boundary of Phase 1B ........................5 5.2 LED Signage .............................................................................. ..............................5 6. Phase 113 Development Standards ......................................................... ..............................5 7. Contribution to Downtown Signage Program ........................................ ..............................6 8. Park Place Extension .............................................................................. ..............................6 8.1 Irrevocable Offers to Dedicate ................................................... ..............................6 8.2 RSP 2's Funding of City's Acquisition of the Honeywell, Chevron and Union Pacific RR Park Place Segments; Security for RSP 2's Performance .......... 6 8.3 Funding/Financing for the Design, Acquisition and Construction of the ParkPlace Extension .................................................................. ..............................7 8.4 Use of Park Place Extension Funds for Construction of Park Place ........................7 9. Amendments to Section 4.1 of the Development Agreement ................ ..............................8 10. Amendment to Section 5.7 of the Development Agreement ................. ..............................8 11. Remainder of Development Agreement to Remain in Full Force and Effect ......................8 EXHIBIT A — DEPICTION OF HONEYWELL, CHEVRON AND UNION PACIFIC RR PARK PLACE SEGMENTS ........................ ............................... A -1 EXHIBIT B — AMENDED PROPERTY DESCRIPTION ......................... ............................... B -1 EXHIBIT C — PHASE 1B PROPERTY DESCRIPTION ........................... ............................... C -1 EXHIBIT D — AMENDMENTS TO CONDITIONS OF APPROVAL ..... ............................... D -1 EXHIBIT E — ENCUMBRANCES TO WHICH THE RSP 4 DEED OF TRUSTMAY BE SUBJECT .................... ............................... ............................E -1 DEFINITIONS............................................................................................. ............................... C -1 .4 1 44386 \1273112v18 i 2/21/2008 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT This Second Amendment to Development Agreement ( "Second Amendment ") is made and entered into by and among the CITY OF EL SEGUNDO, a municipal corporation ( "City ") and ROSECRANS - SEPULVEDA PARTNERS, 2, LLC, a Delaware limited liability company ( "RSP 2 ") and PES PARTNERS, LLC, a Delaware limited liability company ( "PESP ") as of this — day of , 2008. RSP 2 and PESP are hereinafter referred to collectively as "Developer." City and Developer are referred to hereinafter individually as "Party" and collectively as "Parties." In consideration of the mutual covenants and agreements contained in this Second Amendment, City and Developer agree as follows: 1. Recitals. This Second Amendment is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties: 1.1 RSP 2's and PESP's predecessor -in- interest, Rosecrans- Sepulveda Partners, LLC ( "RSP "), and the City are parties to a Development Agreement dated March 15, 2005 (the "Development Agreement "), which Development Agreement was recorded on April 6, 2005 in the Official Records of Los Angeles County as Instrument No. 05 0797875. 1.2 Unless otherwise stated in this Second Amendment, all capitalized terms used in this Second Amendment will carry the same definitions as those set forth in the Development Agreement. 1.3 On November 10, 2005, RSP and RSP 2 executed an Assignment and Assumption Agreement (the "RSP 2 Assignment ") whereby RSP conveyed to RSP 2, in accordance with the provisions of Section 3 of the Development Agreement, RSP's right, title, and interest in and to the Development Agreement and the Project Approvals with respect to approximately 4.7 acres of the Property (the "RSP 2 Property "). The RSP 2 Assignment was recorded on January 19, 2006 in the Official Records of Los Angeles County as Instrument No. 06 0128517. 1.4 On November 10, 2005, RSP and PESP's predecessor -in- interest, Rosecrans- Sepulveda Partners, 3, LLC ( "RSP 3 ") executed an Assignment and Assumption Agreement (the "RSP 3 Assignment ") whereby RSP conveyed to RSP 3, in accordance with the provisions of Section 3 of the Development Agreement, RSP's right, title, and interest in and to the Development Agreement and the Project Approvals with respect to approximately 37.3 acres of the Property (the "PESP Property" and/or "Phase IA"). The RSP 3 Assignment was recorded on January 19, 2006 in the Official Records of Los Angeles County as Instrument No. 06 0128518. 1.5 On July 31, 2007, RSP 3 executed an Assignment and Assumption Agreement ( "PESP Assignment ") whereby RSP 3 conveyed to PESP, in accordance with the provisions of Section 3 of the Development Agreement, RSP 3's right, title and interest in and to the Development Agreement and the Project Approvals with respect to the PESP Property. The PESP Assignment was recorded on August 3, 2007 in the Official Records of Los Angeles County as Instrument No. 2007 1838772. Ll 44386 \1273112v18 1 2/21/2008 1.6 As of June 19, 2007, City, RSP 2 and RSP 3 executed Operating Memorandum No. 1 to the Development Agreement ( "Operating Memorandum No. 1 "), which Operating Memorandum No. 1 was recorded on August 14, 2007 in the Official Records of Los Angeles County as Instrument No. 20071901777. 1.7 As of July 30, 2007, City, RSP 2 and RSP 3 executed a First Amendment to Development Agreement (the "First Amendment ") which First Amendment was recorded on October 2, 2007 in the Official Records of Los Angeles County as Instrument No. 2007 2256909. For purposes of this Second Amendment, the term "Development Agreement" shall include the First Amendment. 1.8 The RSP 2 Property is located at the southerly end of the Property at the northeast corner of the intersection of Sepulveda Boulevard and Rosecrans Avenue. On July 13, 2007, RSP 2 acquired title to an additional 3.4 (approximate) acres of property that is located adjacent to and directly east of the RSP 2 Property (the "Additional 3.4 Acres "). Developer has proposed to the City and the City has agreed that the Additional 3.4 Acres will become a part of the RSP 2 Property and thus will become a part of the Property and Area A. As a result of the Additional 3.4 Acres becoming a part of the RSP 2 Property, the RSP 2 Property will be comprised of approximately 8.1 acres ( "Phase 1B" or "Phase 1B Property "), on which RSP 2 proposes to develop approximately 70,000 square feet of retail and restaurant space. The Phase 1B Property is described in Exhibit C hereto. Phase 1B will consist of a mix of one and two story buildings with a maximum height of sixty -five feet and will conform to the Commercial Center (C -4) zoning and development standards, as amended by the "Zone Text Amendment" (as hereinafter defined). Based on the foregoing, the Parties have agreed that the legal description of the Property and the legal description of the RSP 2 Property (as set forth in the RSP 2 Assignment) should be amended to add the Additional 3.4 Acres. The Parties have determined and confirmed that when the traffic generated by Phase 1B is added to the existing development in Area A of 378,829 square feet, the cumulative traffic within Area A will not exceed the previously entitled 1,477 p.m. peak and 16,645 daily trips. 1.9 In connection with RSP 2's development of Phase 1B, Developer has proposed zone text amendments to the "Commercial Center (C -4) Zone" (the "Zone Text Amendment ") to, among other things, (a) permit non - invasive and/or minimally invasive cosmetic medical procedures, (b) exclude environmental treatment facilities that are required by regulatory agencies from setback requirements and (c) subject to compliance with certain restrictions, permit "LED Signs" (as hereinafter defined) to be located within the interior portion of project areas. 1.10 Section 4.2.2 of the Development Agreement originally established a maximum of 75,000 square feet (the "75,000 Square Foot Limit ") for uses that could occupy less than 10,000 square feet of building space within the Project. Operating Memorandum No. 1 authorized a reduction from 10,000 to 4,000 square feet for uses to which the 75,000 Square Foot Limit would apply. In addition, Operating Memorandum No. 1 established standards (the "Smaller Tenant Standards ") for tenants who lease less than 4,000 square feet within the Project. Because of the upscale nature of the boutique type tenants targeted for Phase 1B, it is Developer's expectation that the majority of the tenants of Phase 1B will lease spaces of less L� 44386 \1273112v18 2 2/21 /2008 than 4,000 square feet. Therefore, Developer has requested and City has agreed that the 75,000 Square Foot Limit shall not apply to Developer's leasing of space in Phase 1B. 1.11 Subject to City's approval of this Second Amendment, RSP has agreed to contribute Twenty -Five Thousand Dollars ($25,000) to the City for the City's downtown sign program. 1.12 Concurrently with the City's approval of the Project Approvals, City also redesignated and rezoned the Other C -4 Property with a "Commercial Center (C -4)" land use and zoning designation. It has been and continues to be RSP 2's hope and expectation that RSP 2 or an "affiliate" (as hereinafter defined) of RSP 2 will acquire and develop substantially all of the Other C -4 Property. In connection with the development of the Other C -4 Property, Developer has acknowledged that, as an integral part of being permitted to fully develop the Other C -4 Property, Developer will be required to extend Park Place (a four -lane east -west street) from its existing terminus at Nash Street to connect with Park Place in Area A (the "Park Place Extension "). To affirm Developer's commitment to develop Park Place as an integral part of the development of the Other C -4 Property, City has requested and Developer has agreed that as RSP 2, or any affiliate of RSP 2, acquires portions of the Other C -4 Property, to the extent such acquired portions of the Other C -4 Property include segments of the right -of -way for the Park Place Extension (the "Park Place Segments "), RSP 2 shall cause the Park Place Segments to become the subject of an irrevocable offer of dedication to the City. 1.13 In addition to agreeing to cause the Park Place Segments to become the subject of an irrevocable offer of dedication in accordance with the provisions of Recital 1.12 above, RSP 2 has agreed, subject to the satisfaction of the "Park Place Extension Conditions Precedent" (as hereinafter defined) and certain other conditions (set forth in Section 8.2 below), to fund up to Two Million Four Hundred Eighteen Thousand Dollars ($2,418,000) (the "Park Place Extension Fund ") to City in order to permit City to undertake the activities to extend Park Place which includes (a) that portion of the Park Place Extension (the "Honeywell Park Place Segment ") that is currently owned by Honeywell International ( "Honeywell "), (b) that portion of the Park Place Extension (the "Chevron Park Place Segment ") that is currently owned by Chevron Corporation ( "Chevron ") and (c) that portion of the Park Place Extension (the "Union Pacific RR Park Place Segment ") that is currently owned by the Union Pacific Railroad. The approximate locations of the Honeywell Park Place Segment, the Chevron Park Place Segment and the Union Pacific RR Park Place Segment are depicted on Exhibit "A" attached hereto. In order to secure RSP 2's obligation to make the Park Place Extension Fund payment, RSP 2 has agreed to cause RSP 2's affiliate, Rosecrans - Sepulveda Partners, 4, LLC's ( "RSP 4 ") to execute the "RSP 4 Deed of Trust" (as hereafter defined) in favor of City covering approximately 8.76 acres of the Other C -4 Property currently owned by RSP 4 (the "RSP 4 Property "). In addition, in order to ensure that RSP 2 complies with its Park Place Extension Fund obligation, RSP 2 has agreed that a condition precedent to RSP 2's right to receive a Certificate of Occupancy for any building in Phase 1B shall be RSP 4's execution of the RSP 4 Deed of Trust. 1.14 Because health and beauty uses have become a significant attraction feet of leaseable floor area and each of the two uses has at least twenty percent (20 %) of the net floor area devoted to the sale of retail products. 1.15 City and Developer have agreed to amend Section 4.1 of the Development Agreement to permit the sale of automobiles and, as an accessory use to the sale of automobiles, the sale of automobile accessories and automobile parts in Phase 1B, provided that such use does not exceed 5,000 square feet of leaseable floor area and provided that automobile repair and maintenance uses shall not be permitted. 1.16 City and Developer have agreed to amend Section 5.7 of the Development Agreement to revise the term of the Development Agreement from eight (8) to eleven (11) years (measured from the effective date of the Enabling Ordinance). 1.17 The City Council has determined that none of the elements set forth in Public Resources Code Section 21166 or Section 15162 of the State CEQA Guidelines ( "CEQA Guidelines ") exists and therefore has determined, in accordance with Public Resources Code Section 21166 and Section 15162 of the CEQA Guidelines, that no subsequent or supplemental Environmental Impact Report or Mitigated Negative Declaration is required to be prepared prior to adopting the Ordinance approving this Second Amendment. However, the City Council has also determined pursuant to Section 15164(a) of the CEQA Guidelines that some changes or additions to the EIR are necessary. Therefore, an Addendum to the EIR has been prepared and has been reviewed and approved by the City Council, exercising its independent judgment. 1.18 Section 15 of the Development Agreement provides for amendment of the Development Agreement upon mutual consent of the parties and in accordance with the procedures established by the Development Agreement Act. The City Council has found that this Second Amendment has been adopted in conformance with the procedures of the Development Agreement Statute set forth in Government Code Section 65865, et seq. 1.19 On January 24, 2008, the Planning Commission held a duly noticed public hearing on this Second Amendment and, at the conclusion thereof, adopted Resolution No. 2630, recommending to the City Council approval of this Second Amendment. 1.20 On February 19, 2008, the City Council held a duly noticed public hearing on this Second Amendment and, at the conclusion thereof, introduced Ordinance No. 1417 and on March 4, 2008, the City Council adopted Ordinance No. 1417 approving this Second Amendment. Ordinance No. 1417 became effective on April 4, 2008. 2. Amendment of Property Descriptions. In order to incorporate the Additional 3.4 Acres into the description of the Property, Exhibit "A" of the Development Agreement is hereby amended in its entirety to read as set forth in Exhibit `B" attached hereto. Any references in the Development Agreement and/or this Second Amendment to the "Property" shall hereinafter be deemed to be a reference to the property described in Exhibit `B." In addition, Exhibit `B" of the RSP 2 Assignment is hereby amended in its entirety to read as set forth in Exhibit "C" attached hereto. Any references in this Second Amendment to the RSP 2 Property shall be deemed to be a reference to the Phase 1B Property described in Exhibit "C." 51 44386 \1273112v18 4 2/21/2008 3. Revised Acreage and Square Footage of the Project. As a result of the Additional 3.4 Acres becoming a part of the Property and Area A, Section 1.2 of the Development Agreement is hereby amended to revise the number "42" to read "45.566." In addition, the number "four - hundred twenty -five thousand (425,000)" in Section 1.3 is hereby revised to read "four- hundred forty -eight thousand eight hundred twenty -nine (448,829) square feet." 4. Conditions of Approval. In connection with the development of the Phase 1B Property, the Conditions of Approval are hereby amended as set forth in Exhibit "D" attached hereto. 5. Zone Text Amendment. Subject to the City's approval of the Zone Text Amendment, the following conditions shall be applicable to Phase 1B: 5.1 Screening Requirements along the Eastern Boundary of Phase 1B. RSP shall cause the eastern boundary of Phase 1B to be screened from the property located adjacent to and east of Phase 1B by (a) installing a fence comprised of decorative cement or ceramic blocks or wrought iron at least six (6) feet in height along the eastern boundary of Phase 1B and (b) planting, irrigating and maintaining screening type landscaping that includes trees, vines, bamboo and/or hedges that shall be projected to grow at least 15 feet in height along the western side of the fence. 5.2 LED Signage. A maximum of two light emitting diode signs ( "LED Sign "), not to exceed 30' in height and 60' in length each, may be located within the interior portion of Phase 1B. The displays are intended for viewing by the customers of Phase 1B and Developer shall use reasonable efforts to minimize exposure of the displays to Rosecrans Avenue and Sepulveda Boulevard. In addition, in no event shall the top of any display exceed 15' above a plane that is parallel with the 157.00 foot elevation of the northeast corner of Rosecrans Avenue and Sepulveda Boulevard. Each LED Sign shall be utilized for the purpose of providing on site advertising for tenants of the Project and for the products that are offered for sale by those tenants (but only in conjunction with the display of the name of the tenant that sells the product), and may also be utilized for movie projections and abstract video that are not related to advertising any particular product, or entertainment, retail or service use. Each display shall be attached to a building or other structure and integrated into the architectural design of the building and shall not be free standing. In no event shall LED Signs be permitted to be located in Phase IA. 6. Phase 1B Development Standards. The 75,000 Square Foot Limit shall not apply to Developer's leasing of space in Phase 1B. However, all other requirements of the Development Agreement and the Conditions of Approval, including the Smaller Tenant Standards, shall continue to remain in full force and effect with respect to the Project and with respect to each tenant that leases less than 4,000 square feet of space in Phase 1B. 7. Contribution to Downtown Signage Program. RSP 2 agrees to pay the City $25,000 upon the earlier of (i) the expiration of the statute of limitations for challenging City's approval of this Second Amendment with no challenge having been filed or (ii) upon a final court judgment or settlement of litigation which results in RSP 2 being allowed to proceed with development of Phase 1B. The funds paid to the City shall be used for City's downtown sign program. 44386 \1273112v18 5 2/21/2008 8. Park Place Extension. 8.1 Irrevocable Offers to Dedicate. To the extent RSP 2, or any affiliate of RSP 2, acquires any portion of the Other C -4 Property and such acquired portion contains any portion of the designated right -of -way for Park Place, RSP 2 shall execute, or cause its affiliate to execute, an irrevocable offer to dedicate such designated right -of -way portion of Park Place to the City. As used in this Section 8. 1, the term "affiliate" shall mean an entity controlling, controlled by or under common control with the entity to which the term applies, whether by ownership, contract or voting control. In addition, the term "affiliate" shall mean any member of RSP 2 ( "Member "), which Members currently include Mar El Segundo, LLC, a Delaware limited liability company, CCA Sepulveda, LLC, a California limited liability company, Continental Rosecrans- Sepulveda, Inc., a California corporation, Daniel Romano, an individual, and any affiliate of any Member. The term "affiliate" shall also include, individually, Richard Lundquist, Allan Mackenzie, Robert Comstock and Daniel Crosser. Notwithstanding the foregoing, no irrevocable offer to dedicate shall be accepted by City until (a) the alignment of the right -of -way for the Park Place Extension has been approved by the City Engineer and any other governmental agencies having jurisdiction over such right -of -way and (b) City has initiated such steps as may be required to acquire the right -of -way for those portions of the Park Place Extension, including, without limitation, those portions owned by existing railroads, pipeline easement holders, utilities and/or other third parties whose rights could impact or interfere with the construction and use of the Park Place Extension, that have not otherwise been offered for dedication to City (cumulatively, the "Park Place Extension Conditions Precedent "). 8.2 RSP 2's Funding of f City's Acquisition of the Honeywell Chevron and Union Pacific RR Park Place Segments; Security for RSP 2's Performance. Subject to the satisfaction of the Park Place Extension Conditions Precedent and to all applicable governmental permits and requirements (federal, state and/or local) including, without limitation, compliance with CEQA and laws relating to hazardous materials, having been obtained and/or satisfied with respect to the approval, design, remediation and construction of the Park Place Extension and a funding plan for the design and construction of the Park Place Extension having been approved by City (which funding plan may include RSP 2's payment of the Park Place Extension Fund in accordance with the provisions of Section 8.2 below and any other dedications and payments as RSP 2, or any RSP 2 affiliate, may agree to in connection with the development of Area B), RSP 2 agrees, upon the (a) commencement by City of acquisition of the right -of -way for the Honeywell Park Place Segment, the Chevron Park Place Segment and/or the Union Pacific RR Park Place Segment and (b) award of a construction contract to extend Park Place to pay, within thirty (30) days of RSP 2's receipt of a written request from City, to City that portion of the Park Place Extension Fund to the extent City requires all or any portion of such Fund in order to complete its acquisition of the Honeywell, Chevron and/or Union Pacific RR Park Place Segment(s). In order to secure the obligation of RSP 2 to make the Park Place Extension Fund payment, RSP 2 shall cause RSP 4 to execute and record a Deed of Trust secured by the RSP 4 Property, such Deed of Trust to be in a form mutually and reasonably agreed upon by City and RSP 4 (the "RSP 4 Deed of Trust ") and shall only be subject to the encumbrances identified on Exhibit `B" attached hereto. RSP2 shall cause an ALTA title policy in the amount of $2,418,000 r• r� JJ 44386 \1273112v18 6 2/21/2008 to be issued to the City for the RSP 4 Deed of Trust. In order to ensure RSP 2's performance in accordance with the provisions of this Section 8.2, no Certificate of Occupancy shall be issued by City for any building in Phase 1B until RSP 4 has executed and recorded the RSP 4 Deed of Trust and the title policy has been issued to the City. In addition, RSP 2 agrees to use reasonable business efforts to cause Honeywell, subject to the Park Place Conditions Precedent, to irrevocably offer to dedicate the Honeywell Park Place Segment to the City. RSP hereby acknowledges that the dedications and payments referenced in Section 8.1 and 8.2 of this Agreement may not represent the entire share of the costs that RSP2 or its affiliates may be ultimately required to pay towards the extension of Park Place. 8.3 Funding/Financing for the Design Acquisition and Construction of the Park Place Extension. The Parties agree to continue to work together to identify and seek to secure funding and/or financing sources for the design, acquisition and construction of the Park Place Extension. 8.4 Use of Park Place Extension Funds for Construction of Park Place. To the extent the entire Park Place Extension Fund is not required to be used by City for the acquisition of the Honeywell, Chevron and/or Union Pacific RR Segments, any funds remaining shall be paid to City by RSP 2 within thirty (30) days of RSP 2's receipt of a written request from City confirming the award of a construction contract to extend Park Place; provided, however, to the extent RSP 2, or any affiliate of RSP 2, from time to time, acquires all or any portion of the Honeywell, Chevron and /or Union Pacific RR Segments, the Park Place Extension Fund shall be reduced by an amount equal to $30 multiplied by the total number of square feet in the Honeywell, Chevron and /or Union Pacific RR Segments acquired by RSP 2, or any affiliate of RSP 2, and irrevocably offered for dedication to the City in accordance with the provisions of Section 8.1 above.. 9. Amendments to Section 4.1 of the Development Agreement. Section 4.1 of the Development Agreement is hereby amended to add new Sections 4.1.7 and 4.1.8 to read as follows: "4.1.7 Health/Skin Care Uses. Two tenants that have uses devoted to health/skin care that are limited to non - invasive and/or minimally invasive cosmetic medical procedures and may include the services of licensed health care professionals, shall be permitted, provided that neither use exceeds 3,000 square feet of leaseable floor area and at least twenty percent (20 %) of each tenant floor area is devoted to the sale of retail products. 4.1.8 Automobile Sales. The sale of automobiles and, as an accessory use to the sale of automobiles, the sale of automobile accessories and automobile parts shall be permitted in Phase 1B, provided such use does not exceed 5,000 square feet of leaseable floor area and provided that automobile repair and maintenance uses shall not be permitted." 10. Amendment to Section 5.7 of the Development Agreement. Section 5.7 of the Development Agreement is hereby amended in its entirety to read as follows: J 44386 \1273112v18 7 2/21/2008 "5.7 Term. This Agreement shall be in effect for a period of eleven (11) years from the effective date of the Enabling Ordinance. However, Developer or City shall be entitled to, by written notice to the other Party prior to the Agreement's expiration, one (1) five (5) -year extension, provided that the requesting Party is not in material default of its obligations hereunder at such time. 11. Remainder of Development Agreement to Remain in Full Force and Effect. Except as set forth in this Second Amendment, all terms and conditions of the Development Agreement shall remain in full force and effect. IN WITNESS WHEREOF, Developer and City have executed this Second Amendment on the date first above written. CITY: CITY OF EL SEGUNDO, a municipal corporation ATTEST Cindy Mortesen City Clerk APPROVED AS TO FORM: WE Mark D. Hensley, City Attorney Kelly McDowell, Mayor [SIGNATURES CONTINUED ON NEXT PAGE] 55 44386 \1273112v18 $ 2/21/2008 DEVELOPER ROSECRANS- SEPULVEDA PARTNERS, 2, LLC, a Delaware limited liability company By: CCA Sepulveda, LLC, a California limited liability company Its: Managing Member By:_ Name: Its: By:_ Name: PES PARTNERS, LLC, a Delaware limited liability company By: Rosecrans- Sepulveda Partners 3, LLC, a Delaware limited liability company Its: Sole Member By: CCA Sepulveda, LLC a California limited liability company Its: Managing Member By:_ Name: Its: By:_ Name: Its: Jv 44386 \1273112vl8 9 2/21/2008 STATE OF CALIFORNIA ) ss: COUNTY OF LOS ANGELES ) On , 2008 before me, (here insert name of the officer), Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public [Seal] STATE OF CALIFORNIA ) ss: COUNTY OF LOS ANGELES ) On , 2008 before me, (here insert name of the officer), Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public [Seal] Ji 44386 \1273112v18 10 2/21/2008 STATE OF CALIFORNIA ) ss: COUNTY OF LOS ANGELES ) On , 2008 before me, (here insert name of the officer), Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public [Seal] STATE OF CALIFORNIA ) ss: COUNTY OF LOS ANGELES ) On , 2008 before me, (here insert name of the officer), Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public [Seal] Jb 44386 \1273112vl8 11 2/21/2008 .. 00 w N N O� �O EXHIBIT A DEPICTION OF HONEYWELL, CHEVRON AND UNION PACIFIC RR PARK PLACE SEGMENTS 51 fill �. M ,) g "I a N iLtUtVLDA BOULEVARD \ 70 ` �\ `. U O O O CO V. kw- 07- 1411\" w- 5 9 EXHIBIT B AMENDED PROPERTY DESCRIPTION THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 3 SOUTH, RANGE 14 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS: BEGINNING AT A POINT IN THE EASTERLY LINE OF SEPULVEDA BOULEVARD, AS DESCRIBED IN THE FINAL DECREE OF CONDEMNATION RECORDED IN BOOK 13174 AT PAGE 92, OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING 1040 FEET NORTHERLY, MEASURED ALONG SAID EASTERLY LINE, FROM THE INTERSECTION OF SAID EASTERLY LINE.WITH THE NORTHERLY LINE OF LOT 4 OF TRACT NO. 1314, AS PER MAP RECORDED IN BOOK 20, PAGE 161 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG EASTERLY LINE AS FOLLOWS: SOUTH 000E EAST, A DISTANCE OF 70.16 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 3050.00 FEET; SOUTHERLY ALONG SAID CURVE A DISTANCE OF 292.78 FEET; SOUTH 5 °29' WEST, A DISTANCE OF 389.98 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 2950.00 FEET; SOUTHERLY ALONG SAID CURVE A DISTANCE OF 283.18 FEET; AND SOUTH 0 °O1' EAST, A DISTANCE OF 3.90 FEET TO THE NORTHERLY LINE OR AFORESAID LOT 4 OF TRACT NO. 1314; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4, SOUTH 60 °41' EAST, A DISTANCE OF 5.74 FEET TO THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO THE PACIFIC ELECTRIC LAND COMPANY, RECORDED IN BOOK 5839, PAGE 185 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID LAND SO DESCRIBED (A PORTION OF WHICH IS SHOWN ON A MAP FILED FOR RECORDS WITH THE DEED RECORDED IN BOOK 6708, PAGE 304 OF SAID DEED RECORDS) SOUTH 70 °41' EAST, A DISTANCE OF 219.75 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 458.59 FEET; THENCE EASTERLY ALONG SAID CURVE IN SAID NORTHERLY LINE A DISTANCE OF 475.29 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF SAID LAND SO DESCRIBED, NORTH 49 056'05" EAST, A DISTANCE OF 1601.41 FEET TO AN INTERSECTION WITH A LINE WHICH IS PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER AND PASSES THROUGH THE POINT OF BEGINNING; THENCE NORTH 89 059' 30' WEST, A DISTANCE OF 1820.11 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED AND GRANTED IN THE DEED FROM ALLIED CORPORATION, A NEW YORK CORPORATION TO THE CITY OF EL SEGUNDO, RECORDED ON OCTOBER 18, 1982 AS INSTRUMENT NO. 82- 1045151, OFFICIAL RECORDS ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED AND GRANTED IN THE DEED FROM ALLIED CORPORATION, A NEW YORK CORPORATION TO CHEVRON U.S.A. INC., A CALIFORNIA CORPORATION RECORDED OCTOBER 15, 1984 AS INSTRUMENT NO. 84- 1233577, OFFICIAL RECORDS ATTACHED THERETO A RESOLUTION OF THE CITY OF EL SEGUNDO NO. 2030 DATED FEBRUARY 11, 1983, APPROVING SAID LOT LINE ADJUSTMENT. 44386 \1320812v1 EXHIBIT B - Page I Of 3 U EXHIBIT B AMENDED PROPERTY DESCRIPTION TOGETHER WITH THOSE PORTIONS OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 3 SOUTH, RANGE 14 WEST, IN THE RANCHO SAUSAL REDONDO, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE PACIFIC ELECTRIC LAND COMPANY RECORDED IN BOOK 5839, PAGE 185 OF DEEDS, WITH A LINE PARALLEL WITH THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 18, WHICH PASSES THROUGH A POINT IN THE EASTERLY NDEMNATION RECORDED IN BOOS AS DESCRIBED IN THE FINAL DECREE O F CONDEMNATION 13174, PAGE 29, OFFICIAL RECORDS, SAID POINT BEING 1040 FEET NORTHERLY, MEASURED ALONG SAID EASTERLY LINE FROM THE INTERSECTION OF SAID EASTERLY LINE WITH THE NORTHERLY LINE OF LOT 4 OF TRACT NO. 1314, AS PER MAP RECORDED IN BOOK 20, PAGE 161 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE ABOVE MENTIONED NORTHWESTERLY LINE SOUTH 49 056'05" WEST, A DISTANCE OF 1601.41 FEET TO THE BEGINNING OF A TANGENT CURVE IN SAID NORTHWESTERLY LINE CONCAVE NORTHERLY AND HAVING A RADIUS OF 458.59 FEET; THENCE WESTERLY ALONG SAID CURVE, A DISTANCE OF 347.97 FEET TO THE NORTHERLY LINE OF THE LAND DESCRIBED IN THE DEED RECORDED IN BOOK 6708, PAGE 304, OF DEEDS; THENCE ALONG THE NORTHERLY LINE OF SAID LAST MENTIONED LAND THE FOLLOWING COURSES AND DISTANCES; SOUTH 68 048'25" EAST, 98.98 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 421.07 FEET; THENCE EASTERLY ALONG SAID CURVE 390.17 FEET; THENCE TANGENT TO SAID CURVE AT ITS POINT OF ENDING NORTH 58 006'05 EAST, 172.86 FEET; THENCE NORTH 49 056'06" EAST, A DISTANCE OF 1388.71 FEET TO A POINT WHICH BEARS SOUTH 40 003'55" EAST FROM THE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE, NORTH 40 003'55" WEST, 200 FEET TO THE POINT OF BEGINNING. TOGETHER WITH PARCEL 1. OF PARCEL MAP NO. 17911, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 269, PAGES 82 THROUGH 84 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH PARCEL 1 OF THE CERTIFICATE OF COMPLIANCE, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECORDED JULY 11, 2007 AS INSTRUMENT NO. 20071647635 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THIS DFV�CCRIPTION WAS PJWPARED BY ME, OR UNDER MY DIRECTION, IN COWORMANQE WITH 11-17 PROFESSIONAL LAND SURVEYOR'S ACT. k0 EX 12/31/07 8070 46—HN M. SMITH, P.L.S. 8 F ct��fc LICENSE EXPIRES 12/31/07 DATE PREPARED: 12/03/07 44386 \1320812v1 EXHIBIT B - Page 2 Of 3 61 EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR EXHIBIT "A" I I , / I / / / 37.433 ACRES PORTION OF 'SW V4. SEC 18 // / I T38. R14W. SBM Q + 9,0 � � 0�6 8.133 ACRE 69 44386\1320812v1 Exhibit B — Page 3 of 3 " o L_ .... ....... _ ............. ROSECRANS AVENUE o N $ LSD 'AREA, R PROPERTY LINE NORTHERN PARCEL 37433 ACRES °'L ERN PARCEL 8.133 ACRES SCALE: 1 " -300' > — — — — — — — EXISTING INTERIOR PARCEL LINE TOTAL 48.686 ACRES — ADJACENT PROPERTY CENTERLINE SHEET 1 OF 1 EXHIBIT "B" meat Ba m" q!.M ff* Tae. O YM � PLAZA EL SEGUNDO; PHASE 1 & 1B I �DltElo EA °L YAMM O MAND" nx a x,�n aaiuvMo NVAM ° & CA WM rn4 60&-"W N CITY OF EL SEGUNDO, CALIFORNIA 69 44386\1320812v1 Exhibit B — Page 3 of 3 EXHIBIT C PHASE 1B PROPERTY DESCRIPTION PARCEL i OF PARCEL MAP NO-1791 1, IN THE CITY OF EL SEGUNDO,, COUNTY OF- LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN 1300K 269, PAGES 82 THROUGH 84 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. • TOGETHER WITH PARCEL 1 OF THE CERTIFICATE OF COMPLIANCE, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECORDED JULY 11, 2007 AS INSTRUMENT NO. 20071647635 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE ABOVE DESCRIBED PARCELS' CONTAIN 8.133 ACRES, MORE OR LESS. THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY. DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. / r JOHN MARTIN �A SMI'iH 0 J N M. SMITH, P.L.S. Sii 0 * EXP. 12/31/07 IICENSE EXPIRES 12/31107 `^a 8070 DATE PREPARED: 12/06/07 'rf OF LA1..14QQ 44386 \1322701v1� `� i Q I ¢ I 0 m n I J w 1n f 0 1 I ht i V J PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR EXHIBIT "C" ` fZN \ I "a 8.133 ACRES \ r------ - - - --j I � k` .rot I J l J'��J <p ra) 1} I , Ca /, • I ROSECRANS AVENUE PROPERTY LINE > — — — — — — — EXISTING INTERIOR PARCEL LINE — — ADJACENT PROPERTY w — CENTERLINE J� CITY OF EL SEGUNDO, CALIFORNIA K 8.133 A ACRES SCALE: 1 ° - 150' SHEET 1 OF 1 IDRQ�e.... eat ltLVAIMce Conaultantr, inc. OlY3 [. f4US. CA 026 M ANJIIOU kYS. CA 1211W (Its) 613 -6I0 F'� A `� -1 44386 \1322701v1 1 EXHIBIT D AMENDMENTS TO CONDITIONS OF APPROVAL The Conditions of Approval that were approved by the City Council on March 15, 2005 as part of Ordinance No. 1382 (the "Conditions of Approval ") are hereby amended as follows: DEFINITIONS I. Condition No. 2 is hereby amended as follows: A. A new Condition No. 2.0 -1 is hereby added to read as follows: "`Development Agreement' refers to Development Agreement No. 03 -1 and any amendments thereto." B. Condition No. 2.D is hereby amended in its entirety to read as follows: 66'Project Area' refers to each of the 20 developable lots on the Plaza El Segundo development Project Site as shown on Vesting Tentative Map No. 061630 and the 3.41 acres comprised of Parcel 1 of Lot Line Adjustment No. 07 -06 (formerly Parcel 2 and that portion of Parcel 3 of Parcel Map No. 17911, in the City of El Segundo, County of Los Angeles, State of California, As Per Map Filed in Book 269, Pages 82 through 84, of Parcel Maps, in the Office of the County Recorder of Said County, lying Westerly of a line parallel with and 120.00 feet easterly of the westerly line of said Parcel 3, said line shown as "S 00 Degrees 02'26" W 418.50 Degrees on Said Parcel Map)." C. A new Condition No. 2.E -1 is hereby added to read as follows: "`Project Site Phase 1B' refers to the 8.13 -acre site comprised of the approximately 4.72 -acre portion of Vesting Tentative Map No. 061630 south of the Union Pacific Railroad and the 3.41 acres comprised of Parcel 1 of Lot Line Adjustment No. 07 -06 (formerly Parcel 2 and that portion of Parcel 3 of Parcel Map No. 17911, in the City of El Segundo, County of Los Angeles, State of California, As Per Map Filed in Book 269, Pages 82 through 84, of Parcel Maps, in the Office of the County Recorder of Said County, lying Westerly of a line parallel with and 120.00 feet easterly of the westerly line of said Parcel 3, said line shown as "S 00 Degrees 02'26" W 418.50 Degrees on Said Parcel Map), generally located south of the Union Pacific Railroad, east of Sepulveda Boulevard, west of Douglas Street, and north of Rosecrans Avenue." D. A new Condition No. 2.E -2 is hereby added to read as follows: "`Phase IA' refers to the portion of the Project Area located north of the Union Pacific Railroad right -of- way." 44386 \1324216v2 65 E. A new Condition No. 2.E -3 is hereby added to read as follows: , "Phase 1B' refers to the portion of the Project Area located south of the Union Pacific Railroad right -of- way." AESTHETICS Materials and Design II. Condition No. 5 is hereby amended as follows: A. Condition No. 51 is hereby amended in its entirety to read as follows: "All buildings must be in accordance with the Project Area's Conditions, Covenants and Restrictions (CC &R's)." B. Condition No. 5.L is hereby amended in its entirety to read as follows: "A six -foot high solid wall must be constructed along the southern property line of Lot 15 of Vesting Tentative Tract Map No. 061630 for at least a length of 200 feet from the eastern edge of the Sepulveda Boulevard right -of -way and along the northern property line of Lot 19 of Vesting Tentative Tract Map No. 061630 for at least a length of 200 feet from the eastern edge of the Sepulveda Boulevard right -of -way. A six -foot high wall or a fence constructed of vinyl chain link or other material must be constructed along the remaining property lines of the Project Area abutting the Union Pacific Railroad right -of -way with screening of the right -of -way with the use of landscaping, including, without limitation, vines, hedges and/or trees to the satisfaction of the P.B.S. Director. A combination of a fence constructed of 6 -foot high wrought iron or steel tubing and a six -foot high solid wall compatible with the fence and wall materials on the portion of the site north of the Union Pacific Railroad right -of -way must be constructed along the northern property line of Project Site Phase 1B for those portions east of the eastern edge of the Sepulveda Boulevard right -of -way with screening of the right - of -way with the use of landscaping, that includes without limitation, vines, hedges and/or trees to the satisfaction of the P.B.S. Director excepting those areas closest to Sepulveda Boulevard prohibited by Union Pacific Railroad for visibility and safety reasons." C. Condition No. 5.S is hereby amended in its entirety to read as follows: "The Project Area site plan must be revised to provide sidewalks or other designated pathways following direct and safe routes from the Park Place right - of -way to buildings H through A -7, from the Park Place right -of -way to Pad D, and from the Sepulveda Boulevard right -of -way to Building No. 2, and any other building that may developed that is set back more than 200 feet from a public right -of -way, subject to the review and approval of the P.B. S. Director. The Project Area site plan must provide sidewalks or other designated pathways following direct and safe routes from the Sepulveda Boulevard public right -of- 6 (1J 44386 \1324216v2 way and the Rosecrans Avenue public right -of -way to the entrances of the buildings and the plaza in front of the buildings, subject to the review and approval of the P.B.S. Director." Landscaping and Irrigation III. Condition No. 7 is hereby amended in its entirety to read as follows: "Before the issuance of the first Building Permit in the Project Area, the applicant must provide a Landscape Plan and Architectural Plan (i.e. construction drawings), consistent with the Master Landscaping Plan, to the P.B.S. Director, Director of Recreation and Parks, and the Police Chief for review and approval. The Landscape Plan and Architectural Plan must demonstrate that errant nighttime illumination is generally screened from other potentially sensitive uses, through building design and landscape treatments. Before the issuance of the first Building Permit in the Project Site Phase 113, the applicant must provide a Landscape and Irrigation Plan and an Architectural Site Plan (i.e. construction drawings), consistent with the Master Landscaping Plan, to the P.B.S. Director, Director of Recreation and Parks, and the Police Chief for review and approval that includes the use of trees, hedges, and or vines along the eastern boundary from Rosecrans Avenue to the Union Pacific Railroad. The plant material must be placed west and in front of the property line wall or fence. The Landscape Plan must utilize decorative pavement material in the plaza and for the pedestrian entrances to the plaza. The Landscape Plan and Architectural Plan must demonstrate that errant nighttime illumination is generally screened from other potentially sensitive uses, through building design and landscape treatments." Signs IV. Condition No. 9 is hereby amended as follows: A. Condition No. 93 is hereby amended in its entirety to read as follows: "Notwithstanding any other provisions in the ESMC, a maximum of three ground or monument signs with a maximum height of 35 feet each are permitted along the Sepulveda Boulevard street frontage of the Project Area north of the Union Pacific Railroad;" B. A new Condition No. 93-1 is hereby added to read as follows: "Notwithstanding any other provisions in the ESMC, a maximum of two ground or monument signs with a maximum height of 20 feet each are permitted along the Sepulveda Boulevard street frontage of the Project Area south of the Union Pacific Railroad;" C. Condition No. 9.0 is hereby amended in its entirety to read as follows: "Notwithstanding any other provisions in the ESMC, a maximum of two ground or monument signs with a maximum height of 25 feet are permitted along the Park Place street frontages of the Project Area;" 6 44386 \1324216v2 D. Condition No. 9.D is hereby amended in its entirety to read as follows: "Notwithstanding any other provisions in the ESMC, a maximum of two ground or monument signs with a maximum height of 25 feet are permitted along the Allied Way street frontages of the Project Area;" E. A new Condition No. 9.D -1 is hereby added to read as follows: "Notwithstanding any other provision in the ESMC, a maximum of two ground or monument signs with a maximum height of 20 feet are permitted along the Rosecrans Avenue street frontage of the Project Area;" F. A new Condition No. 9.D -2 is hereby added to read as follows: "A maximum of two light emitting diode signs "LED Sign "), not to exceed 30' in height and 60' in length each, may be located within the interior portion of Phase 1B. The displays are intended for viewing by the customers of Phase 1B and Developer shall use reasonable efforts to minimize exposure of the displays to Rosecrans Avenue and Sepulveda Boulevard. In addition, in no event shall the top of any LED Sign exceed 15' above a plane that is parallel with the 157.00 foot elevation of the northeast corner of Rosecrans Avenue and Sepulveda Boulevard. Each LED Sign shall be utilized for the purpose of providing on site advertising for tenants of the Project and for the products that are offered for sale by those tenants (but only in conjunction with the display of the name of the tenant that sells the product), and may also be utilized for movie projections and abstract video and artistic images that are not related to advertising any particular product, or entertainment, retail or service use. Each LED Sign shall be attached to a building or other structure and integrated into the architectural design of the building and shall not be free standing." G. Condition No. 9.E is hereby amended in its entirety to read as follows: "Notwithstanding any other provisions in the ESMC, no freestanding or pole signs, except as set forth in this Condition No. 9 and except as described in Condition No. 10 below, are permitted along the Rosecrans Avenue frontage of the Project Area;" H. A new Condition No. 9.I is hereby added to read as follows: "Height limitations of signs referred to in this Condition No. 9 shall be measured from the average adjacent street elevation." V. Condition No. 10 is hereby amended in its entirety to read as follows: "Before the issuance of a Final Certificate of occupancy for the first building in the Project Area, the applicant must construct and maintain a monument sign at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue announcing the entrance to the City. The sign is subject to review and approval by the City Council. The sign should be 68 44386 \1324216v2 compatible with the design of the Master Sign Program for the Plaza El Segundo development project." PROJECT DESCRIPTION Plans VI. Condition No. 29 is hereby amended in its entirety to read as follows: "The Plaza El Segundo development project is allowed to develop up to a maximum of 448,829 square feet including a maximum of 70,000 net square feet for the Plaza El Segundo Phase 1B development project, consisting of a combination of uses as permitted by the Plaza El Segundo Reduced Traffic Generation Alternative described in the Final EIR, the C -4 Zone and as limited by the Development Agreement as long as the total AM, PM peak, daily, and Saturday midday peak trip generation established in the EIR for the Plaza El Segundo development project as a whole is not exceeded." VII. Condition No. 30 is hereby amended in its entirety to read as follows: "The maximum project size may be reduced as determined by the vehicle trip generation for each use. The Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo development project permit the following vehicle trips: MAXIMUM PERMITTED TRIPS AM PM Daily Saturday Midday Se ulveda/Rosecrans Site Rezoning 1,033 2,346 25,859 3,379 Plaza El Segundo Development 779 1,477 16,645 2,205 Project The trip generation for each use and building must be determined using the rates identified below, adjusted for internal capture and pass by discount rate consistent with the traffic study for EA No. 631: Shopping Center (per 1,000 sf ) — LU 820 Daily: Ln(T) = 0.65 Ln(A) + 5.83 AM Peak Hour Ln(T) = 0.60 Ln(A) + 2.29; I/B =61 %, OB =39% PM Peak Hour Ln(T) = 0.66 Ln(A) + 3.40; I/B =48 %, OB =52% Saturday Ln(T) = 0.65 Ln(A) + 3.77; I/B =52 %, OB =48% Grocery Store (per 1,000 so — LU 850 Daily T = 66.95(A) + 1391.56 AM Peak Hour Ln(T) = 1.70 Ln(A) — 1.42; I/B =61 %, OB =39% PM Peak Hour Ln(T) = 0.79 Ln(A) + 3.20; VB =51 %, OB =49% Saturday Ln(T) = 0.74 Ln(A) + 3.47; I/B =51 !, O/B =49% 44386 \1324216v2 6 {) Free Standing Discount Store (per 1,000 so — LU 815 Daily: T = 56.02(A) AM Peak Hour T = 0.84 (A); I/B =68 %, 0/13=32% PM Peak Hour T = 5.06 A); I/B =50 %, O /B =50% Saturday T = 7.58 (A); I/13=51 %, OB =49% Electronics Superstore (per 1,000 so — LU 863 Daily T = 45.04 (A) AM Peak Hour T = 0.28 (A); I/B =53 %, O/B =47% PM Peak Hour T = 4.50 (A); I/B =49 %, O /B =51 % Saturday N /A]* Health Club (per 1,000 so — LU 493 Daily T = 43.0 (A) AM Peak Hour* T = 3.06 (A); I/B =58 %, O/B =42% PM Peak Hour T = 5.76 (A); I/B =63 %, O/B =37% Saturday [N /A]* Fast -food Restaurant with Drive - Through Window (per 1,000 so — LU 934 Daily T = 496.12 (A) AM Peak Hour T = 53.11 (A); I/B =51 %, O/B =49% PM Peak Hour T = 34.64 (A); I/B =52 %, O/B =48% Saturday T = 59.20 (A); I/B =51 %, O/B =49% High- Turnover (Sit -Down) Restaurant (per 1,000 so — LU 932 Daily T = 127.15 (A) AM Peak Hour T = 11.52 (A); UB =52 %, O/B =48% PM Peak Hour T = 10.92 (A); I/13=61 %, 0/13=39% Saturday T = 20.00 (A); IB =63 %, OB =37% Quality Restaurant (per 1,000 so — LU 931 Daily T = 89.95 (A) AM Peak Hour T = 0.81 (A); I/B = 82 %, O/B = 18% PM Peak Hour T = 7.49 (A); I/B = 67 %, O/B = 33% T = trip ends A = building area in 1,000's of square feet I/B = inbound percentages LU = ITE land use code O/B = outbound percentages Sources: Trip Generation, 7th Edition, Institute of Transportation Engineers, 2003. * Saturday information unavailable — PM Peak hour utilized." VIII. Condition No. 33 is hereby amended in its entirety to read as follows: i 44386 \1324216v2 "Before the issuance of a Building Permit for the Project Area, the applicant must submit plans and specifications for any new curbs, sidewalks, driveway approaches, wheelchair ramps, and asphalt concrete (A.C.) pavement, that must be constructed/reconstructed in the public right -of -way for any missing public segments /areas on the perimeter of the Project Area, as reasonably required by the Director of Public Works. Any existing driveways and other paved areas on the perimeter of the Project Site that will not be incorporated into the development must be removed and replaced with standard curb and sidewalk. Before issuance of a Certificate of Occupancy for the building that is the subject of the Building Permit, the applicant must install the required public improvements per the approved plans to the reasonable satisfaction of the Director of Public Works." IX. A new Condition No. 33.A is hereby added to read as follows: "The applicant must submit either a Lot Line Adjustment or Lot Merger application after the recording of Final Map 061530, to merge the two parcels south of Union Pacific Railroad into one parcel." DEDICATIONS AND FEES X. Condition No. 35 is hereby amended in its entirety to read as follows: "The applicant must dedicate approximately 0.50 -acres of the "Project Area" to the City for roadway widening along the east side of Sepulveda Boulevard, as required in the Development Agreement and as depicted on Vesting Tentative Map 061630. An easement may be provided in lieu of a dedication, only if Caltrans will not accept the dedication and will only accept an easement. A dedication may be provided for the Phase IA portion of Sepulveda Boulevard and an easement may be provided for the Phase 1B portion of Sepulveda Boulevard or conversely an easement may be provided for the Phase IA portion of Sepulveda Boulevard and a dedication may be provided for the Phase 1B portion of Sepulveda Boulevard. Such dedication and/or such easement shall occur through and upon recordation of the Final Map." TRANSPORTATION /CIRCULATION /PARKING XI. Condition No. 54 is hereby amended in its entirety to read as follows: "If the Los Angeles Congestion Management Plan (CMP) requires the City to track the debits /credits associated with development in the City, before the issuance of the first Building Permit for the Project Site, the applicant must provide Los Angeles County Congestion Management Plan (CMP) Debit /Credit Calculations, and a Phasing Plan for CMP related improvements, to the P.B.S. Director and Public Works for review and approval. The calculations must include only programs which meet all the minimum criteria (e.g., density) contained in the CMP. Before the issuance of a Certificate of Occupancy for the building, the applicant must provide evidence to the P.B.S. Director that the proposed project CMP debits /credits related improvements were implemented and balanced in the Project Area in accordance with the approved phasing plan. Compliance with this measure must be verified by the P.B.S. Director before permit (1 44386 \1324216v2 issuance. As may be applicable, the City will give credit for CMP related improvements towards the applicant's traffic mitigation impact fee, as appropriate." XII. Condition No. 57 is hereby amended in its entirety to read as follows: "The applicant must install `No Parking' and other traffic signs on the Park Place and Allied Way roadway extensions, as required by the Public Works Department. The applicant must install "No Parking" and other traffic signs on Sepulveda Boulevard and Rosecrans Avenue, as required by the Public Works Department." XIII. Condition No. 61 is hereby amended in its entirety to read as follows: "Prior to the issuance of a Certificate of Occupancy for any building in the Project Area, the new roadways, including any medians, sidewalks, curbs, and gutters must be constructed in accordance with applicable Department of Public Works construction standards for a public roadway with the minimum dimensions required by the Circulation Element of the El Segundo General Plan, and must comply with applicable requirements of the Americans with Disabilities Act (ADA), as well as City requirements for traffic signage, street lighting, drainage plans, and underground utility service, subject to the review and approval of the Director of Public Works. The applicant must be responsible for the design and construction of the new roadways." UTILITIES XIV. Condition No. 78 is hereby amended in its entirety to read as follows: "Before issuance of the first building permit in the Project Area, the applicant must inspect the existing sewer laterals that connect to the City sewer mains in the area with closed circuit television (CCTV) to determine the condition of the existing infrastructure that will serve the project. All reports and copies of CCTV videos must be submitted to the Public Works Department." XV. Condition No. 82 is hereby amended in its entirety to read as follows: "Before issuance of a first Certificate of Occupancy for any building in the Project Area north of the Union Pacific Railroad right -of -way, the applicant must replace the 15 -inch sewer line located to the north of the project site with an 18 -inch sewer line as depicted on the Phase 1 Utility Layout plan. Before issuance of a first Certificate of Occupancy for any building in the Project Area south of the Union Pacific Railroad right -of -way, the applicant must prepare an analysis of the existing sanitary system on Rosecrans Avenue and calculate additional flow resulting from the proposed development into the existing system. If necessary, upgrade the 12" and 15" diameter downstream sanitary sewer pipes on Rosecrans Avenue from point of connection to Aviation Boulevard." 7 44386 \1324216v2 WATER XVI. Condition No. 94 is hereby amended in its entirety to read as follows: "The applicant must install a loop water distribution system for the Project Area with service connections to each of the water mains in the streets surrounding the project, subject to the review and approval of the Director of Public Works. Before the issuance of each Building Permit in the Project Area, the applicant must submit a construction phasing plan for the water service, which must include, without limitation, how the building which is the subject of the permit will be connected to the looped water distribution system. The looped water system must provide water mains connection to Rosecrans Avenue on the south and Sepulveda Boulevard to the west." XVII. Anew Condition 100 is hereby added to the Conditions of Approval to read as follows: "Water meters must be provided for each building by the applicant per City Standard and approved by the City of El Segundo Water Division prior to installation." Except as set forth herein, the Conditions of Approval shall remain in full force and effect. P:\Planning & Building Safety\PROJECTS\ 751- 775\EA - 768\ 2008 .03.04.EA- 768.CC.Ex_D_Amendment to Conditions_of Approval.doc 73 44386 \1324216v2 9 DEFINITIONS Section Additional3.4 Acres ..................................................................................... ............................... 1.8 Affiliate........................................................................................................ ............................... 8.1 1.17 CEQA Guidelines .......................................................................... ............................... 1.13 Chevron........ ............................................................................................ ............................... 1.1 Chevron Park Place Segment ........................................................... ............................... ......... city .......... y ............................................................................... ............................... ..... ...................Introduction Developer .................................................... ............................... ...................Introduction 1.1 DevelopmentAgreement .............................................................................. ............................... 1.7 FirstAmendment ......................................................................................... ............................... 1.13 Honeywell................................................................................................... ............................... 1.13 Honeywell Park Place Segment ....................................................... ............................... 5.2 LEDSign ...................................................................................................... ............................... 8.1 Member......................................................................................................... ............................... 1.6 OperatingMemorandum No. 1 ..................................................................... ............................... Park Place Extension Conditions Precedent ................................................. ............................... 8.1 1.12 ParkPlace Extension ................................................................................... ............................... Park Place Extension Fund ............................................................. ............................... 1.13 1.12 Park Place Segments ...... Introduction Party/Parties ........................................................................... ............................... Introduction PESP ........................................................................................... ............................... 1.5 PESPAssignment ......................................................................................... ............................... 1.4 PESP Property ........... 1.4 PhaseIA ....................................................................................................... ............................... 1.8 Phase1B ........................................................................................................ ............................... 1.8 Phase 1B Property Property .................. 1.1 RSP ....... Introduction RSP 2 ....................................................................................... ............................... RSP2 Assignment ........................................................................................ ............................... 1.3 1.3 RSP 2 Property RSP3 . ......................................................................................................... ............................... RSP3 Assignment ....................................................................................... ............................... 1.4 1.13 RSP 4 ........................................................................................... ............................... RSP4 Deed of Trust ..................................................................................... ............................... 8.2 1.13 RSP 4 Property RWQCB........................................................................................... ............................... ... Second Amendment ........................................................................ ............................... Introduction 75,000 Square Foot Limit ........................................................................... ............................... 1.10 Smaller Tenant Standards .......................................................... ............................... 1.10 Union Pacific RR Park Place Segment ....................................................... ............................... 1.13 ZoneText Amendment ................................................................................. ............................... 1.9 PAPlanning & Building Safety\PROJECTS\ 751- 775\ EA- 768\2008.03.04.EA- 768.cc.2nd_Am to_DA.doc 44386 \1273112v18 Definitions -1 2/21/2008 EXHIBIT E ENCUMBRANCES TO WHICH THE RSP 4 DEED OF TRUST MAY BE SUBJECT The RSP 4 Deed of Trust may only be encumbered by the exceptions identified in Section A of Schedule B (Items 1 through 5), and Section B of Schedule B (Items A, B, and C.1. through C.5), of that certain preliminary title report issued by Commonwealth Land Title Company on November 7, 2007 (File No. 06158316 -27). CITY COUNCIL RESOLUTION No. 4542 Exhibit "C" CITY COUNCIL ORDINANCE No. 1417 Exhibit "B" CONDITIONS OF APPROVAL The following conditions shall be binding upon Rosecrans - Sepulveda Partners 2, LLC, and PES Partners, LLC, the property owner(s) and their successors in interest, including without limitation occupants of the property The following conditions for the City of El Segundo's approval of Environmental Assessment No. 768 Zone Text Amendment No 08 -01 Development Agreement No. 07 -03 ( "Project Conditions ") shall be fully complied with as set forth below. All mitigation measures in the Environmental Impact Report (SCH No. 200312103D for Environmental Assessment No 631 Development Agreement No. 03 -1. General Plan Amendment No 03 -4 & 03 -5 Zone Change No. 03 -2 & 03 -3. Zone Text Amendment No. 04 -1 and Subdivision No. 03 -7, which are reflected in the Mitigation Monitoring and Reporting Program for the proposed Sepulveda /Rosecrans Site Rezoning Reduced Traffic Generation Alternative and Plaza El Segundo Development Reduced Traffic Generation Alternative are incorporated by this reference into these conditions of approval. 2. All conditions of approval in Environmental Assessment No. 631 Development Agreement No 03-1, General Plan Amendment No 03 -4 & 03 -5 Zone Change No. 03-2 & 03-3, Zone Text Amendment No 04 -1 and Subdivision No. 03 -7, except as modified below. 3. Condition No. 2 of Exhibit C to Ordinance No. 1382 is amended in its entirety to read as follows: DEFINITIONS Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in these conditions. A. "P.B.S. Director" means the City of El Segundo Director of Planning and Building Safety, or designee. B. "EIR" means the Final Environmental Impact Report for the proposed Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo development project (SCH No. 2003121037), El Segundo, California. C. "ESMC" means the El Segundo Municipal Code. C- 1.Development Agreement refers to Development Agreement No. 03 -1 and any amendments thereto. 2/19/08 CITY COUNCIL RESOLUTION No. 4542 Exhibit "C" CITY COUNCIL ORDINANCE No. 1417 Exhibit "B" CONDITIONS OF APPROVAL D. "Project Area" refers to each of the 20 developable lots on the Plaza El Segundo development Project Site as shown on Vesting Tentative Map No. 061630 and the 3.41 acres comprised of Parcel 1 of Lot Line Adjustment No. 07 -06 (formerly Parcel 2 and that portion of Parcel 3 of Parcel Map No. 17911, in the City of El Segundo, County of Los Angeles, State of California, As Per Map Filed in Book 269, Pages 82 through 84, of Parcel Maps, in the Office of the County Recorder of Said County, lying Westerly of a line parallel with and 120.00 feet easterly of the westerly line of said Parcel 3, said line shown as "S 00 Degrees 02'26" W 418.50 Degrees on Said Parcel Map) . E. "Project Site" refers to the 43.3 -acre site generally located south of Hughes Way, east of Sepulveda Boulevard, west of Douglas Street, and north of Rosecrans Avenue. E -1. "Project Site Phase 1B" refers to the 8.13 -acre site comprised of the approximately 4.72 -acre portion of Vesting Tentative Map No. 061630 south of the Union Pacific Railroad and the 3.41 acres comprised of Parcel 1 of Lot Line Adjustment No. 07 -06 (formerly Parcel 2 and that portion of Parcel 3 of Parcel Map No. 17911, in the City of El Segundo, County of Los Angeles, State of California, As Per Map Filed in Book 269, Pages 82 through 84, of Parcel Maps, in the Office of the County Recorder of Said County, lying Westerly of a line parallel with and 120.00 feet easterly of the westerly line of said Parcel 3, said line shown as "S 00 Degrees 02'26" W 418.50 Degrees on Said Parcel Map), generally located south of the Union Pacific Railroad, east of Sepulveda Boulevard, west of Douglas Street, and north of Rosecrans Avenue. E -2. "Phase 1A" refers to the portion of the Project Area located north of the Union Pacific Railroad right -of -way. E -3. "Phase 1 B" refers to the portion of the Project Area located south of the Union Pacific Railroad right -of -way. F. "Sepulveda /Rosecrans Rezoning Site" refers to the approximately 110 acres generally located south of Hughes Way, east of Sepulveda Boulevard, west of Douglas Street, and north of Rosecrans Avenue which is the subject of a General Plan and Zoning Code Amendment that is being considered concurrently with the land use entitlements for the Project Area and the Project Site. G. Except as otherwise specified in these Conditions of Approval, conditions must be satisfied before the issuance of a Building Permit for each building within the Project Area. 77 2/19/08 2 CITY COUNCIL RESOLUTION No. 4542 Exhibit "C" CITY COUNCIL ORDINANCE No. 1417 Exhibit "B" CONDITIONS OF APPROVAL AESTHETICS Materials and Design 4. Condition No. 5F of Exhibit C to Ordinance No. 1382 is amended in its entirety to read as follows: "All buildings must be in accordance with the Project Area's Conditions, Covenants and Restrictions (CC &R's)." 5. Condition No. 5L of Exhibit C to Ordinance No. 1382 is amended in its entirety to read as follows: "A six -foot high solid wall must be constructed along the southern property line of Lot 15 of Vesting Tentative Tract Map No. 061630 for at least a length of 200 feet from the eastern edge of the Sepulveda Boulevard right -of -way and along the northern property line of Lot 19 of Vesting Tentative Tract Map No. 061630 for at least a length of 200 feet from the eastern edge of the Sepulveda Boulevard right -of -way. A six -foot high wall or a fence constructed of vinyl chain link or other material must be constructed along the remaining property lines of the Project Area abutting the Union Pacific Railroad right -of -way with screening of the right -of -way with the use of landscaping, including, without limitation, vines, hedges and /or trees to the satisfaction of the P.B.S. Director. A combination of a fence constructed of 6 -foot high wrought iron or steel tubing and a six -foot high solid wall compatible with the fence and wall materials on the portion of the site north of the Union Pacific Railroad right -of -way must be constructed along the northern property line of Project Site Phase 1B for those portions east of the eastern edge of the Sepulveda Boulevard right -of -way with screening of the right -of -way with the use of landscaping, that includes without limitation, vines, hedges and /or trees to the satisfaction of the P.B.S. Director excepting those areas closest to Sepulveda Boulevard prohibited by Union Pacific Railroad for visibility and safety reasons." 6. Condition No. 5S of Exhibit C to Ordinance No. 1382 is amended in its entirety to read as follows: "The Project Area site plan must be revised to provide sidewalks or other designated pathways following direct and safe routes from the Park Place right -of -way to buildings H through A -7, from the Park Place right -of -way to Pad D, and from the Sepulveda Boulevard right -of -way to Building No. 2, and any other building that may be developed that is setback more than 200 feet from a public right -of -way, subject to the review and approval of the P.B.S. Director. The Project Area site plan must provide sidewalks or other designated pathways following direct and safe routes from the Sepulveda Boulevard public right -of -way and the Rosecrans Avenue public right -of -way to the entrances of the buildings and the plaza in front of the buildings, subject to the review and approval of the P.B.S. Director." 78 2/19/08 CITY COUNCIL RESOLUTION No. 4542 Exhibit "C" CITY COUNCIL ORDINANCE No. 1417 Exhibit "B" CONDITIONS OF APPROVAL Landscaping and Irrigation 7. Condition No. 7 of Exhibit C to Ordinance No. 1382 is amended in its entirety to read as follows: Before the issuance of the first Building Permit in the Project Area, the applicant must provide a Landscape Plan and Architectural Plan (i.e. construction drawings), consistent with the Master Landscaping Plan, to the P.B.S. Director, Director of Recreation and Parks, and the Police Chief for review and approval. The Landscape Plan and Architectural Plan must demonstrate that errant nighttime illumination is generally screened from other potentially sensitive uses, through building design and landscape treatments. Before the issuance of the first Building Permit in the Project Site Phase 1B, the applicant must provide a Landscape and Irrigation Plan and an Architectural Site Plan (i.e. construction drawings), consistent with the Master Landscaping Plan, to the P.B.S. Director, Director of Recreation and Parks, and the Police Chief for review and approval that includes the use of trees, hedges, and or vines along the eastern boundary from Rosecrans Avenue to the Union Pacific Railroad. The plant material must be placed west and in front of the property line wall or fence. The Landscape Plan must utilize decorative pavement material in the plaza and for the pedestrian entrances to the plaza. The Landscape Plan and Architectural Plan must demonstrate that errant nighttime illumination is generally screened from other potentially sensitive uses, through building design and landscape treatments. Signs 8. Condition No. 9 of Exhibit C to Ordinance No. 1382 is amended in its entirely to read as follows: "Before the issuance of the first Building Permit in the Project Area, the applicant must submit to the P.B.S. Director for review and approval an overall Master Sign Program for the Project Area. Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must submit construction sign plans substantially consistent with the approved Master Sign Program for the review and approval of the P.B.S. Director. Before the issuance of a Certificate of Occupancy, signs must be installed in accordance with the approved Master Sign Program. The overall Master Sign Program must include, without limitation: A. Compliance with the ESMC; B. Notwithstanding any other provisions in the ESMC, a maximum of three ground or monument signs with a maximum height of 35 feet each are permitted along the Sepulveda Boulevard street frontage of the Project Area north of the Union Pacific Railroad; 2/19/08 4 CITY COUNCIL RESOLUTION No. 4542 Exhibit "C" CITY COUNCIL ORDINANCE No. 1417 Exhibit "B" CONDITIONS OF APPROVAL B -1. Notwithstanding any other provisions in the ESMC, a maximum of two ground or monument signs with a maximum height of 20 feet each are permitted along the Sepulveda Boulevard street frontage of the Project Area south of the Union Pacific Railroad; C. Notwithstanding any other provisions in the ESMC, a maximum of two ground or monument signs with a maximum height of 25 feet are permitted along the Park Place street frontages of the Project Area; D. Notwithstanding any other provisions in the ESMC, a maximum of two ground or monument signs with a maximum height of 25 feet are permitted along the Allied Way street frontages of the Project Area; D -1. Notwithstanding any other provisions in the ESMC, a maximum of two ground or monument signs with a maximum height of 20 feet each are permitted along the Rosecrans Avenue street frontage of the Project Area; D -2.A maximum of two light emitting diode signs ( "LED Sign "), not to exceed 30' in height and 60' in width each, may be located within the interior portion of Phase 1B. The displays are intended for viewing by the customers of Phase 1B and Developer shall use reasonable efforts to minimize exposure of the displays to Rosecrans Avenue and Sepulveda Boulevard. In addition, in no event shall the top of any display exceed 15' above a plane that is parallel with the 157.00 foot elevation of the northeast corner of Rosecrans Avenue and Sepulveda Boulevard. Each sign shall be utilized for the purpose of providing on site advertising for tenants of the Project and for the products that are offered for sale by those tenants (but only in conjunction with the display of the name of the tenant that sells the product), and may also be utilized for movie projections and abstract video and artistic images that are not related to advertising any particular product, or entertainment, retail or service use. Each sign shall be attached to a building or other structure and integrated into the architectural design of the building and shall not be free standing; E. Notwithstanding any other provisions in the ESMC, no freestanding or pole signs, except as set forth in this Condition No. 9 and as except as described in Condition No. 10 below, are permitted along the Rosecrans Avenue frontage of the Project Area; F. All signs must be architecturally compatible with the proposed buildings; G. All signs must be compatible with the aesthetic objectives of the General Plan; and, H. No sign must impede traffic or pedestrian safety. v� 2/19/08 5 CITY COUNCIL RESOLUTION No. 4542 Exhibit "C" CITY COUNCIL ORDINANCE No. 1417 Exhibit "B" CONDITIONS OF APPROVAL I. Height limitation of signs referred to in this Condition No. 9 shall be measured from the average adjacent street elevation." 9. Condition No. 10 of Exhibit C to Ordinance No. 1382 is amended in its entirety to read as follows: "Before the issuance of a Final Certificate of Occupancy for the first building in the Project Area, the applicant must construct and maintain a monument sign at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue announcing the entrance to the City. The sign is subject to review and approval by the City Council. The sign should be compatible with the design of the Master Sign Program for the Plaza El Segundo development project." PROJECT DESCRIPTION Plans 10. Condition No. 29 of Exhibit C to Ordinance No. 1382 is amended in its entirety to read as follows: "The Plaza El Segundo development project is allowed to develop up to a maximum of 448,829 square feet including a maximum of 70,000 square feet for the Plaza El Segundo Phase 1B development project., consisting of a combination of uses as permitted by the Plaza El Segundo Reduced Traffic Generation Alternative described in the Final EIR, the C -4 Zone and as limited by the Development Agreement as long as the total AM, PM peak, daily, and Saturday midday peak trip generation established in the EIR for the Plaza El Segundo development-project as a whole is not exceeded." 11. Condition No. 30 of Exhibit C to Ordinance No. 1382 is amended in its entirety to read as follows: "The maximum project size may be reduced as determined by the vehicle trip generation for each use. The Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo development project permit the following vehicle trips: MAXIMUM PERMITTED AM PM Dail y Saturday TRIPS Midday Sepulveda /Rosecrans Site 1,033 2,346 25,859 3,379 Rezoning Plaza El Segundo 779 1,477 16,645 2,205 Development Project �l 2/19/08 6 CITY COUNCIL RESOLUTION No. 4542 Exhibit "C" CITY COUNCIL ORDINANCE No. 1417 Exhibit "B" CONDITIONS OF APPROVAL The trip generation for each use and building must be determined using the rates identified below, adjusted for internal capture and pass by discount rate consistent with the traffic study for EA No. 631: Shopping Center (per 1,000 sf) — LU 820 Daily: Ln(T) = 0.65 Ln(A) + 5.83 AM Peak Hour Ln(T) = 0.60 Ln(A) + 2.29; I/8 =61 O/B =39% PM Peak Hour Ln(T) = 0.66 Ln(A) + 3.40; I/13=48 %, O/B =52% Saturday Ln(T) = 0.65 Ln(A) + 3.77; I/13=52 %, 0/13=48% Grocery Store (per 1,000 sf) — LU 850 Daily T = 66.95(A) + 1391.56 AM Peak Hour Ln(T) = 1.70 Ln(A) — 1.42; I/13=61 %, O/B =39% PM Peak Hour Ln(T) = 0.79 Ln(A) + 3.20; I/13=51 %, O/B =49% Saturday Ln(T) = 0.74 Ln(A) + 3.47; I/B =51 !, 0/13=49% Free Standing Discount Store (per 1,000 sf) — LU 815 Daily: T = 56.02(A) AM Peak Hour T = 0.84 (A); I/13=68 %, 0/8 =32% PM Peak Hour T = 5.06 A); I /13=50 %, 0/13=50% -Saturday T = 7.58 (A); I/13=51 %, 0/13=49% Electronics Superstore (per 1,000 sf) — LU 863 Daily T = 45.04 (A) AM Peak Hour T = 0.28 (A); I/13=53 %, 0/13=47% PM Peak Hour T = 4.50 (A); I/13=49 %, 0/13=51 % -Saturday [N/A]* Health Club (per 1,000 sf) — LU 493 Daily T = 43.0 (A) AM Peak Hour* T = 3.06 (A); I/13=58%, 0/13=42— PM Peak Hour T = 5.76 (A); I/13=63 %, 0/13=37% Saturday [N /A]* Fast -food Restaurant with Drive - Through Window (per 1,000 sf) — LU 934 Daily T = 496.12 (A) AM Peak Hour T = 53.11 (A); I/13=51 %, 0/13=49 /o PM Peak Hour T = 34.64 (A); I/13=52 %, 0/13=48% Saturday T = 59.20 (A); I/13=51 %, 0/13=49% High- Turnover (Sit -Down) Restaurant (per 1,000 sf) — LU 932 Daily T = 127.15 (A) AM Peak Hour T = 11.52 (A); I/13=52 %, 0/13=48% 2/19/08 7 CITY COUNCIL RESOLUTION No. 4542 Exhibit "C" CITY COUNCIL ORDINANCE No. 1417 Exhibit "B" CONDITIONS OF APPROVAL PM Peak Hour T = 10.92 (A); I/B =61 %, O/B =39% Saturday T = 20.00 (A); I/13=63 %, O/B =37% Quality Restaurant (per 1,000 sf) — LU 931 Daily T = 89.95 (A) AM Peak Hour T = 0.81 (A); I/B = 82 %, O/B = 18% PM Peak Hour T = 7.49 (A); I/B = 67 %, O/B = 33% Y—= trip ends A = building area in 1,000's of square feet I/B = inbound percentages LU = ITE land use code O/B = outbound percentages Sources: Trip Generation, 7th Edition, Institute of Transportation Engineers, 2003. * Saturday information unavailable — PM Peak hour utilized. 12. Condition No. 33 of Exhibit C to Ordinance No. 1382 is amended in its entirety to read as follows: "Before the issuance of a Building Permit for the Project Area, the applicant must submit plans and specifications for any new curbs, sidewalks, driveway approaches, wheelchair ramps, and asphalt concrete (A.C.) pavement, that must be constructed /reconstructed in the public right -of -way for any missing public segments /areas on the perimeter of the Project Area, as reasonably required by the Director of Public Works. Any existing driveways and other paved areas on the perimeter of the Project Site that will not be incorporated into the development must be removed and replaced with standard curb and sidewalk. Before issuance of a Certificate of Occupancy for the building that is the subject of the Building Permit, the applicant must install the required public improvements per the approved plans to the reasonable satisfaction of the Director of Public Works." 13. Condition No. 33A of Exhibit C to Ordinance No. 1382 is added to read as follows: "The applicant must submit either a Lot Line Adjustment or Lot Merger application after the recording of Final Map 061530, to realign the two parcels south of Union Pacific Railroad to match the proposed locations of the buildings to maintain conformity with the development standards in the ESMC." DEDICATIONS AND FEES 14. Condition No. 35 of Exhibit C to Ordinance No. 1382 is amended in its entirety to read as follows: "The applicant must dedicate approximately 0.50 -acres of the "Project Area" to the city for roadway widening along the east side of Sepulveda Boulevard, as required in Development Agreement No. 03 -1 and as depicted on Vesting Tentative Map 2/19/08 8 CITY COUNCIL RESOLUTION No. 4542 Exhibit "C" CITY COUNCIL ORDINANCE No. 1417 Exhibit "B" CONDITIONS OF APPROVAL 061630. An easement may be provided in lieu of a dedication, only if Caltrans will not accept the dedication and will only accept an easement. A dedication may be provided for the Phase 1A portion of Sepulveda Boulevard and an easement may be provided for the Phase 1B portion of Sepulveda Boulevard or conversely an easement may be provided for the Phase 1A portion of Sepulveda Boulevard and a dedication may be provided for the Phase 1 B portion of Sepulveda Boulevard. Such dedication and /or such easement shall occur through and upon recordation of the Final Map." TRANSPORTATION /CIRCULATION /PARKING 15. Condition No. 54 of Exhibit C to Ordinance No. 1382 is amended in its entirety to read as follows: "If the Los Angeles Congestion Management Plan (CMP) requires the City to track the debits /credits associated with development in the City, before the issuance of the first Building Permit for the Project Site, the applicant must provide Los Angeles County Congestion Management Plan (CMP) Debit/Credit Calculations, and a Phasing Plan for CMP related improvements, to the P.B.S. Director and Public Works for review and approval. The calculations must include only programs which meet all the minimum criteria (e.g., density) contained in the CMP. Before the issuance of a Certificate of Occupancy for the building, the applicant must provide evidence to the P.B.S. Director that the proposed project CMP debits /credits related improvements were implemented and balanced in the Project Area in accordance with the approved phasing plan. Compliance with this measure must be verified by the P.B.S. Director before permit issuance. As may be applicable, the City will give credit for CMP related improvements towards the applicant's traffic mitigation impact fee, as appropriate." 16. Condition No. 57 of Exhibit C to Ordinance No. 1382 is amended it its entirety to read as follows: "The applicant must install 'No Parking' and other traffic signs on the Park Place and Allied Way roadway extensions, as required by the Public Works Department. The applicant must install "No Parking" and other traffic signs on Sepulveda Boulevard and Rosecrans Avenue, as required by the Public Works Department." 17. Condition No. 61 of Exhibit C to Ordinance No. 1382 is amended in its entirety to read as follows: "Prior to the issuance of a Certificate of Occupancy for any building in the Project Area, the new roadways, including any medians, sidewalks, curbs, and gutters must be constructed in accordance with applicable Department of Public Works construction standards for a public roadway with the minimum dimensions required by the Circulation Element of the El Segundo General Plan, and must comply with 2/19/08 9 CITY COUNCIL RESOLUTION No. 4542 Exhibit "C" CITY COUNCIL ORDINANCE No. 1417 Exhibit "B" CONDITIONS OF APPROVAL applicable requirements of the Americans with Disabilities Act (ADA), as well as City requirements for traffic signage, street lighting, drainage plans, and underground utility service, subject to the review and approval of the Director of Public Works. The applicant must be responsible for the design and construction of the new roadways." UTILITIES 18. Condition No. 78 of Exhibit C to Ordinance No. 1382 is amended in its entirety to read as follows: "Before issuance of the first building permit in the Project Area, the applicant must inspect the existing sewer laterals that connect to the City sewer mains in the area with closed circuit television (CCTV) to determine the condition of the existing infrastructure that will serve the project. All reports and copies of CCTV videos must be submitted to the Public Works Department." 19. Condition No. 82 of Exhibit C to Ordinance No. 1382 is amended in its entirety to read as follows "Before issuance of a first Certificate of Occupancy for any building in the Project Area north of the Union Pacific Railroad right -of -way, the applicant must replace the 15 -inch sewer line located to the north of the project site with an 18 -inch sewer line as depicted on the Phase 1 Utility Layout plan. Before issuance of a first Certificate of Occupancy for any building in the Project Area south of the Union Pacific Railroad right -of -way, the applicant must prepare an analysis of the existing sanitary system on Rosecrans Avenue and calculate additional flow resulting from the proposed development into the existing system. If necessary, upgrade the 12" and 15" diameter downstream sanitary sewer pipes on Rosecrans Avenue from point of connection to Aviation Boulevard." WATER 20. Condition No. 94 of Exhibit C to Ordinance No. 1382 is amended in its entirety to read as follows: "The applicant must install a loop water distribution system for the Project Area with service connections to each of the water mains in the streets surrounding the project, subject to the review and approval of the Director of Public Works. Before the issuance of each Building Permit in the Project Area, the applicant must submit a construction phasing plan for the water service, which must include, without limitation, how the building which is the subject of the permit will be connected to the looped water distribution system. The looped water system must provide water mains connection to Rosecrans Avenue on the south and Sepulveda Boulevard to the west." 85 2/19/08 10 CITY COUNCIL RESOLUTION No. 4542 Exhibit "C" CITY COUNCIL ORDINANCE No. 1417 Exhibit "B" CONDITIONS OF APPROVAL 21. Condition No. 100 is added to read as follows: "At least two water meters must be provided by the applicant per City Standard and approved by the City of El Segundo Water Division prior to installation." INDEMNIFICATION 22.The Developer must defend, indemnify and hold the City and its elected and appointed officials, officers, employees and agents harmless from and against any claims, legal or equitable actions, damages, costs (including, without limitation, attorney's fees), injuries, or liability of whatsoever kind or nature, arising from the City's approval of the project, including but not limited to the CEQA determination and /or the Development Agreement approval. 23. Rosecrans Sepulveda Partners 2,-LLC and PES Partners, LLC must acknowledge receipt and acceptance of the Project Conditions by executing the acknowledgement below. By signing this document, Rosecrans Sepulveda Partners 2 LLC and PES Partners, LLC, certify that they have read, understood, and agrees to the Project Conditions listed in this document and represents and warrants that it has the authority to execute this document on behalf of the property owner and acknowledges that the conditions set forth above shall run with the land and be binding upon all owners and occupants of the land. Rosecrans Sepulveda Partners 2, LLC IN Dan Crosser Its: Vice - President Az Eric Winquist Its: Vice - President SG 2/19/08 11 CITY COUNCIL RESOLUTION No. 4542 Exhibit "C" CITY COUNCIL ORDINANCE No. 1417 Exhibit "B" CONDITIONS OF APPROVAL PES Partners, LLC By: Dan Crosser Its: Vice - President Eric Winquist Its: Vice - President {If Corporation or similar entity, needs two officer signatures or evidence that one signature binds the company} PAPlanning & Building Safety \PROJECTS \751 - 775 \EA - 768 \CC Docs \2008.03.04 \EA- 768.CC Conditions of Approval.doc V� 2/19/08 12 CITY COUNCIL RESOLUTION No. 4542 Exhibit B CITY COUNCIL ORDINANCE No. 1417 Exhibit B IX. MITIGATION MONITORING AND REPORTING PROGRAM MITIGATION MONITORING AND REPORTING PROGRAM PROCEDURES Section 21081.6 of the Public Resources Code requires a Lead Agency to adopt a "reporting or monitoring program for the changes to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment" (Mitigation Monitoring Program, Section 15097 of the CEQA Guidelines provides additional direction on mitigation monitoring or reporting). The Planning and Building Safety Department for the City of El Segundo is the Lead Agency for the Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development. An Environmental Impact Report has been prepared to address the potential environmental impacts of the proposed project. Where appropriate, this environmental document identified project design features or recommended mitigation measures to avoid or to reduce potentially significant environmental impacts of the proposed project. This Mitigation Monitoring and Reporting Program (MMRP) is designed to monitor implementation of requirements for subsequent environmental documentation' and mitigation measures identified for the Sepulveda/Rosecrans Site Rezoning Reduced Traffic Generation Alternative and the Plaza El Segundo Reduced Traffic Generation Alternative Development. The MMRP is subject to review and approval by the Lead Agency as part of the certification of the EIR and adoption of project conditions. The required subsequent environmental documentation and mitigation measures are listed separately and categorized by impact area, with an accompanying identification of the following: • Monitoring Phase, the phase of the project during which the mitigation measure must be monitored; Pre- Construction, including the design phase Construction Post- Construction • The Implementing Party, the agency with the power to implement the mitigation measure; • The Enforcement Agency, the agency with the power to enforce the mitigation measure, and ' In addition to mitigation measures, requirements for the preparation of subsequent environmental analysis and documentation are identified in the EIR. These requirements are intended to provide guidance for environmental review of future projects that would implement the Sepulveda /Rosecrans Site Rezoning, using the Program EIR. Because these requirements would also work to mitigate or avoid significant effects on the environment in accordance with PRC Section 21081.6, they have been included in this MMRP. Sepulveda /Rosecrans Site Rezoning and Plaza IX. Mitigation Monitoring and Reporting Program El Segundo Development Page IX -1 Final Environmental Impact Report do February 2005 City of El Segundo • The Monitoring Agency, the agency to which reports involving feasibility, compliance, implementation and development are made. The MMRP performance must be monitored annually to determine the effectiveness of the measures implemented in any given year and re- evaluate the mitigation needs for the upcoming year. I. AESTHETICS Subsequent Environmental Documentation No subsequent environmental documentation is required for the Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development. Mitigation Measures Sepulveda/Rosecrans Site Rezoning Impacts related to visual character and light and glare would be less than significant under the proposed Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development. No mitigation measures are required. However, the following measures are recommended as Conditions of Approval to ensure that potential impacts from glare are less than significant. B -1 Expansive areas of highly reflective materials, such as mirrored glass, must not be permitted. Non - reflective building materials must be used to the maximum extent possible to reduce potential glare impacts. Monitoring Phase: Pre - construction; Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department Monitoring Agency: Planning and Building Safety Department B -2 Lighting must be designed to minimize off -site glare. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Plaza El Segundo Development Pre - construction; Construction Applicant Planning and Building Safety Department Planning and Building Safety Department Impacts related to visual character and light and glare would be less than significant under the Plaza El Segundo Development. No mitigation measures are required. However, the following measures are recommended as Conditions of Approval to ensure that potential impacts from glare are less than significant. Sepulveda /Rosecrans Site Rezoning and Plaza IX. Mitigation Monitoring and Reporting Program El Segundo Development Page IX -2 Final Environmental Impact Report 2005 City of El B -3 Expansive areas of highly reflective materials, such as mirrored glass, must not be permitted. Non - reflective building materials must be used to the maximum extent possible to reduce potential glare impacts. Monitoring Phase: Pre - construction; Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department Monitoring Agency: Planning and Building Safety Department B -4 Lighting must be designed to minimize off -site glare. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: II. AIR QUALITY Subsequent Environmental Documentation Pre - construction; Construction Applicant Planning and Building Safety Department Planning and Building Safety Department Subsequent environmental documentation must be prepared for any future development project proposed within the Sepulveda/Rosecrans Rezoning Site to identify emissions associated with construction of that specific development. The subsequent environmental documentation must address the following: C -1 Prior to implementation of specific development projects, impacts associated with construction emissions must be examined in light of this Program EIR to determine whether a new Initial Study would be required to be prepared leading to either an EIR or Negative Declaration. This examination must provide quantified estimates of construction emissions based upon the specific site, schedule and construction equipment utilization characteristics of the proposed development and compare the estimated emissions to the SCAQMD thresholds for construction emissions. The analysis must incorporate the mitigation measures identified below as appropriate, along with any other mitigation measures identified by the project - specific analysis. Mitigation Measures SepulvedalRosecrans Site Rezoning C -1 Prior to implementation of specific development projects, impacts associated with construction emissions must be examined. This examination must provide quantified estimates of construction emissions based upon the specific site, schedule and construction equipment utilization characteristics of the proposed development and compare the estimated emissions to the SCAQMD thresholds for construction emissions. SepulvedalRosecrans Site Rezoning and Plaza IX. Mitigation Monitoring and Reporting Program El Segundo Development Page IX -3 Final Environmental Impact Report 00 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. Any writings or documents given to a majority of the City Council regarding any matter on this agenda that the City received after issuing the agenda packet, are available for public inspection in the City Clerk's office during normal business hours. Such Documents may also be posted on the City's website at www.elsegundo.org and additional copies will be available at the City Council meeting. 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 portions of the Meeting. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 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 WEDNESDAY, FEBRUARY 6, 2008 - 5:00 P.M. Next Resolution # 4541 Next Ordinance # 1416 5:00 P.M. SESSION CALL TO ORDER ROLL CALL PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator,- and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: 1� n j CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) - -3- matters 1. Solomon vs. City of El Segundo, LASC Case No. BC372401. 2. Federal Insurance Co. v. City of El Segundo, LASC Case No. YC056394. 3. 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 case (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- matters CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0- matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter SPECIAL MATTERS: -0- matter 2 00-0 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. Any writings or documents given to a majority of the City Council regarding any matter on this agenda that the City received after issuing the agenda packet, are available for public inspection in the City Clerk's office during normal business hours. Such Documents may also be posted on the City's website at www.elsegundo.org and additional copies will be available at the City Council meeting. 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 portions of the Meeting. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 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 WEDNESDAY, FEBRUARY 6, 2008 - 7:00 P.M. Next Resolution # 4541 Next Ordinance # 1416 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Pastor Scott Lambert, Hilltop Community Church PLEDGE OF ALLEGIANCE — Council Member Bill Fisher 3 00 PRESENTATIONS - ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf 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 1. Consideration and possible action to conduct a Public Hearing on the operating and capital outlay requests from the Chief of Police of up to $100,000 from the existing Citizens Option for Public Safety (COPS) Supplemental Law Enforcement Services Fund (SLESF) account to supplement "front line law enforcement" (includes hiring officers, funding special enforcement details, and purchasing equipment). (Fiscal Impact: $100,000 from COPS grant fund.) Recommendation - (1) Open Public Hearing to consider funding requests from the Chief of Police; (2) Discussion; (3) Adopt a Resolution approving the use of COPS grant funds for special enforcement details and to purchase equipment related to supplementation of "front line law enforcement'; (4) Alternatively, discuss and take other action related to this item. C. UNFINISHED BUSINESS 2. Consideration and possible action regarding the approval of a Contract Change Order in conjunction with construction of the Douglas Street Gap Closure Project continued construction management support services and as -built plans from Parsons under the Caltrop Contract for the project. (No Fiscal Impact, Change Order) Recommendation - (1) Authorize the Director of Public Works to execute Change Order Number 3 to the existing Public Works Agreement with Caltrop Corporation for no cost; (2) Alternatively discuss and take other action related to this item. 4 GO 3. Consideration and possible action regarding introduction of an Ordinance and a adoption of a Resolution of Intention to approve an amendment to the contract between the Board of Administration of the California Public Employees Retirement System (PERS) and the El Segundo City Council providing Section 21548 (Pre - Retirement Option 2W Death Benefit) for the City's local miscellaneous members. Recommendation — (1) Introduce and waive the first reading of the Ordinance; (2) Adopt the Resolution of Intention; (3) Alternatively, discuss and take other action related to this item. D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 4. Consideration and possible action to establish the El Segundo Environmental Council comprised of members of the local business and residential communities and staff (Fiscal Impact: None) Recommendation — (1) Authorize the establishment of the Environmental Council comprised of two (2) members from the business community, two members from the residential community, one member from the El Segundo School District, one City staff member appointed to four -year terms; (2) Add the Environmental Council to the City's Local Appointments List pursuant to the California Government Code Section 54972; (3) Alternatively, discuss and take other action related to this item. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 5. Warrant Numbers 2563776 to 2564104 on Register No. 8 in the total amount of $2,531,367.55 and Wire Transfers from 1/4/2008 through 1/24/2008 in the total amount of $2,228,315.39. 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. Regular City Council Meeting Minutes of January 15, 2008. Recommendation — Approval. G, 0 7. Consideration and possible action regarding adoption of plans and specifications for the Urho Saari Swim Stadium Window Replacement (219 W. Mariposa Avenue). Approved Capital Improvement Project - Project No: PW 08 -03. (Fiscal Impact: _ $70,000) Recommendation — (1) Approve Plans and Specifications; (2) Authorize staff to advertise the project for the receipt of construction bids; (3) Alternatively, discuss and take other action related to this item. 8. Consideration and possible action regarding the award of a Standard Public Works Contract to Tony Painting, Inc. for painting of the Park Vista Senior Apartments (615 E. Holly Avenue), the Lakes Golf Course (400 S. Sepulveda Boulevard) and the El Segundo Police Department Jail (348 Main Street). Project No.: PW 07 -12. (Contract Amount: $49,950) Recommendation — (1) Authorize the City Manager to execute a Standard Public Works Contract in a form as approved by the City Attorney with Tony Painting, Inc., in the amount of $49,959.00; (2) Alternatively, discuss and take other action related to this item. 9. Consideration and possible action regarding the award of a Standard Public Works Contract to Flo- System, Inc., in the amount of $342,832 for the installation of an improved monitoring system for the City's Water and Wastewater operations at 400 Lomita Street. Approved Capital Improvement Program. Project No.: PW 06 -01. (Contract Amount = $342,832.00). Recommendation — (1) Authorize the City Manager to execute a Standard Public Works Contract in a form as approved by the City Attorney with Flo- System, Inc., in the amount of $342,832; (2) Approve contingency in the amount of $25,000; (3) Alternatively, discuss and take other action related to this item. 10. Consideration and possible action regarding award of a contract to S&L Specialty Contracting, Inc. for construction related to Group 23 (21 residences) of the Residential Sound Insulation (RSI) Program. (Estimated construction cost and retention: $838,970) Recommendation — (1) Award contract to S &L Specialty Contracting, Inc. for Group 23; 2) Authorize the City Manager to execute a construction contract in a form approved by the City Attorney; 3) Alternatively discuss and take other action related to this item. 6 00r) 11. Consideration and possible action regarding approval of the American Cancer Society's Relay for Life 2008 event request for a waiver of City- related fees per municipal code section 8 -8 -7 D 1 and use of the City logo artwork per municipal code sections 1 -3 -1 to 1 -3 -5 (Fiscal Impact: $6,376) Recommendation — (1) Approve the waiver of City- related fees per El Segundo Municipal Code § 8- 8- 7(D)(1); (2) Approve use of the City Seal for the public purpose of promoting public health and safety per ESMC § 1 -3 -3 to 1 -3 -5; (3) Alternatively, discuss and take other action related to this item. 12. Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license for on -site sale and on -site consumption of alcohol (Type 41 - On -Sale Beer and Wine) at a new restaurant located at 720 Allied Way, Suite D, EA No. 780 and AUP No. 07 -08. Applicant: Veggie Grill Restaurant c/o Jean Claude Sakoun (Fiscal Impact: None) Recommendation — (1) Receive and file a determination that the City Council does not object to the issuance of a new Type 41 ABC license at 720 Allied Way, Suite D; (2) Alternatively, discuss and take other action related to this item. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 13. Consideration and possible action regarding the goals and objectives and approval of a staffing program for the Planning and Building Safety Department. (Fiscal Impact: $350,000 estimated) Recommendation — (1) Receive and file the goals and objectives for the Department; (2) Approve the staffing program; (3) Alternatively, discuss and take other action related to this item. 14. Consideration and possible action to authorize a professional service agreement with J.P. Sellens for the purpose of performing duties related to the City's code compliance program. (Fiscal Impact: $35,000) Recommendation — (1) Authorize the City Manager to execute a professional services agreement with J.P. Sellens for a term not to exceed six months; (2) Alternatively, discuss and take other action related to this item. G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY 0 0 7 7 I. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Fisher - Council Member Jacobson — Council Member Boulgarides — Mayor Pro Tern 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, et se q.) for the purposes of conferring with the City's Real Property Negotiator; and /or 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. 008 REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE: i —3o -v8 TIME: &,-So p rn NAME: 20L EL SEGUNDO CITY COUNCIL MEETING DATE: February 6, 2008 AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business AGENDA DESCRIPTION: Consideration and possible action to conduct a Public Hearing on the operating and capital outlay requests from the Chief of Police of up to $100,000 from the existing Citizens Option for Public Safety (COPS) Supplemental Law Enforcement Services Fund (SLESF) account to supplement "front line law enforcement" (includes hiring officers, funding special enforcement details, and purchasing equipment). (Fiscal Impact: $100,000 from COPS grant fund.) RECOMMENDED COUNCIL ACTION: (1) Open Public Hearing to consider funding requests from the Chief of Police; (2) Discussion; (3) Adopt a Resolution approving the use of COPS grant funds for special enforcement details and to purchase equipment related to supplementation of "front line law enforcement;" (4) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: During the 1996 California legislative session the state government adopted legislation to provide a block grant for law enforcement purposes, known as the Citizens Option for Public Safety (COPS), under Government Code Sections 30061 through 30064. In October 2007, El Segundo received $100,000 in COPS grant funds. These grant funds must be encumbered by June 30 of the following fiscal year. All funds received under this grant must be utilized to supplement local law enforcement activities and cannot be used to supplant existing funding. The process adopted by the legislation requires a public hearing to consider the expenditure of funds and to ensure the opportunity for public input. Continued ATTACHED SUPPORTING DOCUMENTS: Resolution FISCAL IMPACT: Operating Budget: None Amount Requested: Account Number: 120 -400- 000 -8104 Project Phase: N/A �-/ a 0 17 BACKGROUND & DISCUSSION (continued): The funds from past fiscal years have been used to purchase numerous pieces of equipment that are directly used in "front line law enforcement." This includes replacement Glock 21 handguns for all officers, less- than - lethal shotguns, X26 Tasers, replacement gas masks, updated video /audio systems in the patrol vehicles, fitness equipment, and support of our wellness coordinator program. The funds received in October 2007 have not been encumbered at this time and are not subject to state budget reductions (it is possible that the Governor will reduce funding to this grant next year), however, it is anticipated a portion of these funds may be utilized during the fiscal year to purchase supplemental equipment as determined by staff. Additionally, funds may be utilized to fund special enforcement details on an overtime basis. Proposed purchases of equipment or use of these funds will be facilitated via council agenda item(s) on an as needed basis. The Chief of Police has created the following list of some possible equipment purchases, personnel allocations, or approved utilizations to be made with COPS grant funds: • Scheduling software to more efficiently allocate officers throughout all division, manage overtime, and track deployments. • Two digital vandalism deterrent systems. • Three Colt AR -15 tactical rifles with Trijicon sites and vehicle racks. • One custody /jail restraint chair. • Overtime costs associated with training recruit police officers. • Four hand held high definition digital video camcorders and associated equipment used to document incidents. • Thirteen, wheeled duffle bags for the SWAT team. • Wellness Coordinator (;i.1 RESOLUTION NO. A RESOLUTION PROVIDING FOR THE IMPLEMENTATION OF THE CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PROGRAM. BE IT RESOLVED by the Council of the city of El Segundo as follows: SECTION 1: The City Council finds as follows: A. Assembly Bill 1913 (AB 1913) (Cardenas) was chaptered into law on September 7, 2000 for supplemental local law enforcement funding pursuant to the bill; B. AB 1913 provides $100,000,000 statewide for the Citizens for Public Safety (COPS) Program; C. The County of Los Angeles has established a Supplemental Law Enforcement Service Fund (SLESF) in accordance with Section 30061 of the Government Code to receive AB 1913 funds which have been allocated for use in Los Angeles County; D. The City of El Segundo participates in the COPS Program and receives its share of any funds available for the purpose of ensuring public safety; and E. The City has established its own Supplemental Law Enforcement Service Fund (SLESF) in accordance with Section 30061 of the Government Code; F The City Council has conducted a public hearing to consider funding requests from the Chief of Police and shall determine each submitted request as required by AB 1913. SECTION 2: The City Council directs that the City maintain its own Supplemental Law Enforcement Service Fund (SLESF) as required by AB 1913 and State law pursuant to Government Code Sections 30061 and 30063. SECTION 3: The City Council requests that the City's share of the funding be allocated to SLESF for purposes of front -line law enforcement. SECTION 4. The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original resolutions; and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting. SECTION 5. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. PASSED, APPROVED, AND ADOPTED this 6th day of February 2008. Kelly McDowell, Mayor 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 6 t day of February, 2008, 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 Mark D. Hen By: TO F -� Att y K&I H. Berger Assistant City ey G13 EL SEGUNDO CITY COUNCIL MEETING DATE: February 6, 2008 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action regarding the approval of a Contract Change Order in conjunction with construction of the Douglas Street Gap Closure Project continued construction management support services and as -built plans from Parsons under the Caltrop Contract for the project. (No Fiscal Impact, Change Order) RECOMMENDED COUNCIL ACTION: Recommendation - (1) Authorize the Director of Public Works to execute Change Order Number 3 to the existing Public Works Agreement with Caltrop Corporation for no cost; and, (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On April 5, 2005, the City entered into a public works contract with Caltrop Corporation for the Douglas Street Gap Closure project. Included in this agreement was a line item for engineering support services from Parsons Corporation. (Please see "Background and Discussion" on following page) ATTACHED SUPPORTING DOCUMENTS: Letter from Parsons dated January 13, 2008 FISCAL IMPACT: Capital Improvement Program: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: $7,804,403.00 (contingency) N/A 301 - 400 - 8203 -8949 Construction No ORIGINATED DATE: Dan Garcia, As City Engineer REVIEW DATE: fG 1 Je rt, City Manager 2 Ci i `� BACKGROUND & DISCUSSION: (continued) Page 2 of 2 Parson's design plans had design errors, described in an August 8, 2007 City letter to Parsons, and resulted in the City expending $77,301. As outlined in the attached letter from Parsons, staff negotiated with Parsons regarding these damages. Staff believes that the total offsetting costs offered by Parsons in its letter is fair compensation to the City for damages as outlined in SEMA Change Orders 14, 17 and 30b previously brought before the City Council. SEMA Change Order 14 consisted of the City building a 54 -inch RCP pipe to Parson's plan and having to demolish it and construct a 3 -foot by 5 -foot RCB box to accommodate the actual field conditions ($59,000). SEMA Change Order No. 17 consisted of changing the alignment of the 24 -inch water line to accommodate the minimum cover over the pipe ($11,918). SEMA Change Order No. 30b consisted of Parsons specifying an indoor cabinet and the additional cost for that cabinet to be enclosed ($6,383). All three are noted in Parson's letter. Should the City agree to waive claims for damages arising from the three change orders noted above, Parsons would provide, with no cost to the City, As -Built plans, additional construction support and would charge for design costs that it performed but were not fully compensated for. This offer from Parsons extends until the Douglas Street Gap Closure Project is completed. After negotiations with Caltrop, SEMA, Parsons and the City, the January 13, 2008 letter from Parsons reflects the consensus of all parties involved. Staff recommends approval of this proposal from Parsons Corporation. Once approved, these items will be executed through the Caltrop contract as part of the services already delineated in its scope of services for the contract. Contract Change Order No. 3 $ 0.00 This change order accomplishes the following changes: Parsons Construction Support Services —Per previous SEMA $ 0.00 change orders 14, 17 and 30b as outlined in Parson's letter (attached) the City agrees to be compensated for damages ($77,301.00) in exchange for additional construction support and as -built plans ($78,100). The agreement is based on the following: A. City Damages 1. Change Order 14 $59,000 2. Changer Order 17 $11,918 3. Change Order 30b 6,383 $77,301 B. Parsons costs to offset City damages 1. As -built plans $45,000 2. Additional construction support $15,000 3. Other design costs $18,100 $78,100 Total Change for Change Order No. 3 $0.00 615 PARSONS 100 West Walnut Street • Pasadena, Califomia 91124. (626) 440 -6100 • Fax: (626) 440 -6155 • www.parsons.com January 13, 2008 Mr. Daniel Garcia, P.E, Assistant City Engineer Department of Public Works 350 Main Street El Segundo, CA 90245 Subject: Douglas Street Gap Closure Project, compensation due to design errors Dear Mr. Garcia: This is in response to your letter dated August 8, 2007 regarding your request for damages that the City feels were due to design errors. Specifically, these damages include for the (1) removal of the 54" RCP which was later replaced with a reinforced concrete box (Change Order No. 14) and for the (2) rework on the 24" water main (Change Order No. 17). Subsequent to your letter, the City is also requesting damages for (3) a change ordi6r to change the ca -inet th-a Mouses e genera or from an indoor cabinet to an outdoor cabinet. As you know, I met with you and Tyrone Taylor, the City's Construction Manager, on September 13, 2007 to discuss the change orders and their associated damages. As a result of that meeting, Parsons has agreed to waive any additional construction support costs that may be needed from the end of September until the project is completed. Additionally, Parsons has agreed to complete the - project as= built-plans at-no - cost to the- City. It is-Parsons understanding; the City, -in turn, -has agreed to pay the outstanding invoices up to and including our September invoice and will drop the damages the City claims were associated to design errors as described in the letter dated August 8, 2007 and further described in this letter. The agreement is based on the following analysis. A. City damages 1. Change Order 14 $59,000 2. Change Order 17 $11,918 3. Change of Cabinets C.O. 30b $6,383 Total Damage Costs $77,301 B. Parsons costs to offset City damages 1. As -built plans $45,000 2. Additional construction support $15,000 3. Design costs not fully compensated (2.48 multiplier vs. 2.78) $18,100 Total Offsetting Costs $78,100 C�lu The total in damages the City is seeking is $77,301. Parsons offsetting costs, not billed to the City, are estimated at $78,100. These offsetting costs include the estimated costs to complete the as- builts, the additional construction support needed to complete the project from October 2007 to the project completion date, and the write down we have incurred on our design fee from the inception of the project in order to stay within the approved budget. Based on the analysis shown, Parsons offsetting costs essentially equal the City damages and, therefore, should resolve the City's request for damages. In closing, I would like to say that it has been a pleasure working with the City on this project. Over the last two years, we have worked closely with the City's construction management team to address and resolve 159 RFI's. We have also responded quickly to a number of RFI's that involved new scope of work or project issues that we were not directly responsible for. Some of these RFI's, like the relocation of the oil pipeline on the pedestrian bridge, have yielded substantial savings to the project. Ultimately, we hope our efforts will contribute to the successful completion of the project. Lastly, we would like the City to take into consideration our coordination efforts that occurred between the time the PS &E was completed and the project was awarded. Much of this effort was not compensated and proved to be extensive in light of the funding issues that needed to be resolved at the onset of the project. Please review our proposal and analysis to resolve this claim and please do not hesitate to call me at 626 -440 -3448 if you have any questions or require more clarification regarding our proposal. If you agree with our proposed resolution, please sign the statement below. Yours truly, PARSONS Tony V asquez, P.E. Principal Project Manager I accept Parsons proposal to provide construction support services from October 2007 until the project is completed and to complete the project as- builts at no cost to the City. The City, in turn, agrees to drop their claim due to design errors as initially raised in their letter dated August 8, 2007 and further described in this letter. The City also agrees to pay Parsons the outstanding invoices up to and including September of 2007. Daniel Garcia, P.E., Assistant City Engineer Date 01 EL SEGUNDO CITY COUNCIL MEETING DATE: February 6, 2008 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action regarding introduction of an Ordinance and adoption of a Resolution of Intention to approve an amendment to the contract between the Board of Administration of the California Public Employees Retirement System (PERS) and the El Segundo City Council providing Section 21548 (Pre- Retirement Option 2W Death Benefit) for the City's local miscellaneous members. RECOMMENDED COUNCIL ACTION: 1) Introduce and waive the first reading of the Ordinance; 2) Adopt the Resolution of Intention; 3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On October 2, 2007 and October 16, 2007 the City Council approved tentative agreements and entered into three year Labor Agreements with the California Teamsters Public, Professional and Medical Employees Union, Local 911 (Police Support Services Employees Association Bargaining Unit) and the El Segundo City Employees Association respectively. (continued on next page) ATTACHED SUPPORTING DOCUMENTS: 1) Ordinance 2) Resolution of Intention 3) PERS Exhibit — Amendment to Contract FISCAL IMPACT: None Operating Budget: Amount Requested: Account Number: Various Project Phase: Appropriation Required: Yes X NO ORIGINATED BY: DATE: January 16, 2008 Bob Hyland, Interim Dir r of Hum n Resources REVIEWED DATE: V G Jeff V0 ,A City Manager Agenda 565 I 8 3 BACKGROUND & DISCUSSION: The tentative agreement and the three year Labor Agreement with each bargaining unit provided for amending the contract between the Board of Administration of the California Public Employees Retirement System (PERS) and the El Segundo City Council providing Section 21548 (Pre- Retirement Option 2W Death Benefit) for bargaining unit members. The benefit will apply to all of the members of the City's local miscellaneous (non public safety) group of employees. Thus in addition to members represented by PSSEA and CEA, the members of the Supervisory and Professional Employees Association and the Management/Confidential employee group will be eligible for the benefit. Staff initiated the contract amendment process in October, 2007 by requesting that PERS prepare the required actuarial evaluation necessary to establish the cost of the benefit. Reading of the Ordinance and adoption of the Resolution is required in order to initiate the amendment to the contract. Government Code Section 7507 requires that the future annual costs of the proposed contract amendment be made public at a public meeting at least two weeks prior to the second reading and adoption of the final Ordinance. Government Code Section 20471 requires that there must be a 20 day period between the adoption of the Resolution of Intention and the second reading and adoption of the Final Ordinance. Thus, if the Resolution of Intention is adopted at Council's February 6, 2008 meeting, the Ordinance will be agendized for final reading at the March 4, 2008 Council meeting. PERS recommends that the following cost information be disclosed: 1) Change in the Present Value of Benefits $212,351 2) Change in the Accrued Liability $135,397 3) Change in the Total Employer Contribution Rate 0.195% The estimated change in the total Employer Contribution Rate identified by PERS staff during the contract negotiation process was 0.2% - 0.4 %. PERS Description of Section 21548— "Pre- Retirement Optional Settlement 2 Death Benefit" "The spouse or domestic partner of a deceased member, who was eligible to retire for service at the time of death, may elect to receive the Pre - Retirement Optional Settlement 2 Death Benefit in lieu of the lump sum Basic Death Benefit. This benefit is a monthly allowance equal to the amount the member would have received if he /she had retired for service on the date of death and elected Optional Settlement 2, the highest monthly allowance a member can leave a spouse or domestic partner. The benefit is payable to your spouse or domestic partner until death. Upon the death of your spouse or domestic partner, the benefit will continue to your natural or adopted children under age 18 who have never been married." G, S ORDINANCE NO. AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. The City Council of the City of El Segundo does ordain as follows: SECTION 1: The Attached Exhibit A, an amendment to the contract between the City Council of the City of El Segundo and the Board of Administration, California Public Employees' Retirement System, is approved and the Mayor is authorized to execute the amendment. SECTION 2:The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 3:This Ordinance will become effective on the thirty -first (31S) day following its passage and adoption. PASSED AND ADOPTED this day of , 2008. Kelly McDowell, Mayor Ca1PERS California Public Employees' Retirement System EXHIBIT AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of E1 Segundo The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective October 1, 1943, and witnessed August 25, 1943, and as amended effective November 1, 1947, August 1, 1949, July 1, 1950, November 1, 1955, September 1, 1958, March 9, 1959, November 7, 1964, October 19, 1968, December 11, 1971, July 20, 1974, July 19, 1975, January 3, 1976, July 16, 1977, June 3, 1978, February 6, 1982, April 3, 1982, January 1, 1992, June 27, 1992, May 15, 1993, January 8, 1994, January 19, 1996, April 4, 1997, October 13, 1997, October 7, 2000, December 18, 2000, May 19, 2001 and July 2, 2004 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective July 2, 2004, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members; age 55 for local fire members and age 50 for local police members. 1 2. Public Agency shall participate in the Public Employees' Retirement System from and after October 1, 1943 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and /or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 superseded this contract provision by providing that any such temporary and /or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994. 6. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service on and after July 1, 1956, the effective date of Social Security coverage, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). G2 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full and Modified). 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local police member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 9. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624 and 21626 (Post- Retirement Survivor Allowance) for local safety members only. b. Section 21571 (Basic Level of 1959 Survivor Benefits) for local miscellaneous members only. C. Section 21222.1 (One -Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. d. Section 21222.2 (One -Time 5% Increase - 1971). Legislation repealed said Section effective January 1, 1980. e. Section 21024 (Military Service Credit as Public Service). f. Section 20042 (One -Year Final Compensation). g. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safety members only. h. Section 21548 (Pre- Retirement Option 2W Death Benefit) for local miscellaneous members only. 10. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 11. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. 1 2 b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 12. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be,effective on the day of , BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES, RETIREMENT SYSTEM CITY OF EL SEGUNDO BY LORI MCGARTLAND, CHIEF EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY PRESIDING OFFICER Witness Date Attest: Clerk AMENDMENT ER# 0039 Cj �j PE RS-CON-702A (Rev. 10 \05) RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF EL SEGUNDO WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21548 (Pre- Retirement Option 2W Death Benefit) for local miscellaneous members. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. :_ Date adopted and approved (Amendment) CON -302 (Rev. 4/96) Presiding Officer Title A##%,_`� CAPERS California Public Employees' Retirement System EXHIBIT AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of E1 Segundo The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective October 1, 1943, and witnessed August 25, 1943, and as amended effective November 1, 1947, August 1, 1949, July 1, 1950, November 1, 1955, September 1, 1958, March 9, 1959, November 7, 1964, October 19, 1968, December 11, 1971, July 20, 1974, July 19, 1975, January 3, 1976, July 16, 1977, June 3, 1978, February 6, 1982, April 3, 1982, January 1, 1992, June 27, 1992, May 15, 1993, January 8, 1994, January 19, 1996, April 4, 1997, October 13, 1997, October 7, 2000, December 18, 2000, May 19, 2001 and July 2, 2004 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective July 2, 2004, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members; age 55 for local fire members and age 50 for local police members. (.126 'r- I LJ 2. Public Agency shall participate in the Public Employees' Retirement System from and after October 1, 1943 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and /or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 superseded this contract provision by providing that any such temporary and /or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994. 6. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service on and after July 1, 1956, the effective date of Social Security coverage, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full and Modified). 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local police member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 9. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624 and 21626 (Post- Retirement Survivor Allowance) for local safety members only. b. Section 21571 (Basic Level of 1959 Survivor Benefits) for local miscellaneous members only. C. Section 21222.1 (One -Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. d. Section 21222.2 (One -Time 5% Increase - 1971). Legislation repealed said Section effective January 1, 1980. e. Section 21024 (Military Service Credit as Public Service). f. Section 20042 (One -Year Final Compensation). g. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safety members only. h. Section 21548 (Pre- Retirement Option 2W Death Benefit) for local miscellaneous members only. 10. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 11. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 12. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the BOARD OF ADMINISTRATION,{ c' .. PUBLIC EMPLOYEES' RETI&Z�WNT SYSTEM BY c' LORI MCGARTI'�'NCJ, CHIEF EMPLOYER SERVICES DIVISION PUBLIC.ET%4PLOYEES' RETIREMENT SYSTEM AMENDMENT ER# 0039 PERS- CON -702A (Rev. 10 \05) day of CITY COUNCIL CITY OF EL SEGUNDO BY .T\ PRESIDING OFFICE6R ��;.•"f",' Witness Date Attest: Clerk U2") EL SEGUNDO CITY COUNCIL MEETING DATE: February 6, 2008 AGENDA ITEM STATEMENT AGENDA HEADING: Commissions, Committees and Boards AGENDA DESCRIPTION: Consideration and possible action to establish the El Segundo Environmental Council comprised of members of the local business and residential communities and staff (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1) Authorize the establishment of the Environmental Council comprised of two (2) members from the business community, two members from the residential community, one member from the El Segundo School District, one City staff member appointed to four -year terms; (2) Add the Environmental Council to the City's Local Appointments List pursuant to the California Government Code Section 54972; (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: At the regular meeting of September 4, 2007, the City Council established an Environmental Subcommittee for the purpose of reviewing current city environmental practices and to identifying new goals and objectives. The Subcommittee comprised of Mayor Pro Tern Busch, Councilmember Boulgarides and members of staff. The Subcommittee met on a regular basis and produced an Environmental Work Plan that was adopted by the City Council on January 15, 2008. One of the recommendations of the Work Plan was the creation of a permanent committee that would be comprised of members of the City Council, the business and residential communities and staff that would meet regularly to oversee the progress of the tasks and goals stated in the Environmental Work Plan and to make recommendations to the Council as appropriate. Accordingly, this item has been placed on the agenda to accomplish the following: 1) Create the Environmental Council and add it to the City's Local Appointments (Please see attached page marked "Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: None Operating Budget: N/A Amount Requested: N/A Account Number: Project Phase: ADDrooriation-Rea u i red: Yes X No ORIQAATED BY: ) DATE: 1/28/2008 Lauren MaTAk' aVSenior Administrative Analyst Im REVIEW j / DATE: 11111,06 rt, City Manager Sl Background and Discussion (con't): List; 2) Specify four -year terms for the members who are appointed by the City Council to the Environmental Council; and 3) authorize staff to advertise the vacancies in keeping the City's current policy on the appointments to Commissions, Committees and Boards. The Environmental Subcommittee recommends that the Mayor and City Council appoint at least two members from each group of stakeholders identified above that would meet not less than frequently than quarterly (and more often if required) over the next twelve months. The Environmental Council will review existing City environmental programs and recommend new policies and programs to the City Council that facilitate the goals stated within the Environmental Work Plan. 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SESSION CALL TO ORDER — Mayor McDowell at 5:00 p.m. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Boulgarides - Present Council Member Fisher - Present Council Member Jacobson - 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. CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) - -2- matters Pulido v. City of El Segundo, et al., Ninth Circuit Court of Appeals Case No. 06- 55539/06 - 55798. Solomon vs. City of El Segundo, LASC Case No. BC372401. Federal Insurance Co. v. City of El Segundo, LASC Case No. YC056394. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -2- potential cases. Claim Nos. 07 -62 (Coleman) and 07-48 (Henry Radio /NTSN) are on file with the City Clerk's office for public review. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matters CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0- matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter 6 MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 15, 2008 PAGE NO. 1 GJ4 SPECIAL MATTERS: -0- matter Council recessed at 6:50 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 15, 2008 j 5 PAGE NO. 2 L REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 15, 2008 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Bishop Craig Layne, Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE — Council Member Jim Boulgarides PRESENTATIONS — a. Council presented Certificates for Lighting Up the Community were presented to: The Lewis Family, the Callahan Family, Brenda Kelly, the Lasky Family, the Hollick Family, the Meza Family, the Kelley Family, Daniel Lambert and Richard Royce, the DeFrancesco Family, the Regan Family, the Grove Family, Tim and Cindy Mortesen, the Siadek Family, John Johnson & Colleen Mulvany, the O'Shea Family, the D'Angelo Family, Lucy and Rick Ricarte, Gary & Gigi Thompson, Lou Kutil and Debby Hayman, the Oakley Family, Mike and Beth Hapke, the Janes Family, the Edlefsen Family, and the Maples Family. b. Presentation of trophies to the 2007 Holiday Parade winners by the El Segundo Chamber of Commerce: Best Float & Grand Marshall Award — El Segundo Kiwanis Club, Best Children's Entry — Torrance Torrettes, Most Original Entry — Got Junk, Best Decorated Vehicle — Replica of US Navy Duty Jeep, Best Musical Entry — Trash Marching Percussion Group, Dave Jones Award — El Segundo Eagles Nest Preschool. C. Council Member Fisher presented a Proclamation to Nancy Franklin, Board of Directors, National Heart Association, observing February 1, 2008 as "National Wear Red Day" in support for women and the fight against heart disease. d. Council Member Jacobson presented a Proclamation to Kathleen Davidson observing the month of January 2008 as "National Blood Donor Month. e. Mayor Pro Tern Busch presented a Commendation recognizing Gayle Van Meter as the El Segundo Police Department's RSVP of the Year. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Boulgarides - Present Council Member Fisher - Present Council Member Jacobson - Present MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 15, 2008 U PAGE NO. 3 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. Evelyn Sommers, resident, spoke regarding home occupation licenses and an existing home occupation violation. Patricia Morales, volunteer for the American Cancer Society, invited the community to the Relay for Life Rally next Wednesday, January 23rd at 7:00 p.m. at the Hacienda Hotel. The date for this year's Relay is June 8m and 9th. Chris Powell, El Segundo Chamber of Commerce, spoke regarding agenda Item No. 5, planning and consulting interim staffing services. 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 Boulgarides to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS Consideration and possible action to approve plans and specifications and to authorize staff to solicit bids for the purchase and installation of a Biological Wastewater Closed Loop System in the Maintenance Yard to operate a wash rack for vehicles that serve The Lakes at El Segundo Golf Course at 400 S. Sepulveda Blvd. Project No. PW 08 -01. (Fiscal Impact: $60,000) Richard Brunette, Recreation and Parks Director, gave a report. MOTION by Council Member Fisher, SECONDED by Council Member Jacobson to approve plans and specifications and authorize staff to solicit bids for the purchase and installation of a Biological Wastewater Closed Loop System for a wash rack. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 2. Consideration and possible action regarding Environmental Subcommittee status report and recommendations for energy saving action items. (Fiscal Impact: None) MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 15, 2008 PAGE NO. 4 6 i 7 Lauren Mahakian, Senior Administrative Analyst, gave a report. MOTION by Council Member Busch, SECONDED by Council Member Boulgarides to adopt the Environmental Work Plan; establish a standing El Segundo Environmental Council to be comprised of two members representing local business, two members representing El Segundo's citizens, one member from the El Segundo School District and one City staff member; direct the City Manager to report back to City Council with a detailed funding and implementation plan. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 3. Approved Warrant Numbers 2563373 to 2563619 on Register No. 6 in the total amount of $1,662,850.84 and Wire Transfers from 12/07/2007 through 12/20/2007 in the total amount of $1,768,817.15 and Warrant Numbers 2563620 to 2563775 on Register No. 7 in the total amount of $504,280.05 and Wire Transfers 12/21/2007 through 1/03/2008 in the total amount of $640,275.82. Authorized staff to release. Ratified: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 4. Approved Regular City Council Meeting Minutes of December 18, 2007. 5. PULLED FOR DISCUSSION BY MAYOR PRO TEM BUSCH 6. PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES 7. Authorized the Mayor to approve Purchase Agreement No. 3779 for the sale of Police Service Dog Tarkan to his K -9 Handler, Officer McShane, for the nominal fee of one dollar ($1.00). 8. Waived the formal bidding process per the Municipal Code, and approved the City's use of National Joint Powers AllianceO (NJPA), competitively solicited Contract # 011707, to purchase ergonomic furniture and a cashier public service access counter from Tangram Interiors for the Treasurer and Finance — Approved Capital Improvement Program. (Fiscal Impact = $23,258) 9. PULLED FOR DISCUSSIOON BY COUNCIL MEMBER JACOBSON 10. Adopted Resolution No. 4540 approving the Sewer Overflow Emergency Response Plan. (Fiscal Impact: None) 11. Approved plans and specifications and authorized staff to solicit bids for the installation of a roof for City Hall above the City Council Chambers at 350 Main Street. Project No. PW 08- 02. (Fiscal Impact: $125,000) MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 15, 2008 PAGE NO. 5 v.S� 12. Authorized two members of the Aviation Safety and Noise Abatement Committee to attend the 2008 University of California, Davis Air Quality Research Center's Symposium on Aviation Noise & Air Quality in Palm Springs. (Fiscal Impact: $2,500) MOTION by Council Member Fisher, SECONDED by Council Member Jacobson to approve Consent Agenda Item Numbers 3, 4, 7, 8, 10, 11 and 12. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 5. Consideration and possible action to approve a Professional Services Agreement between Tierra West Advisors, LLC and the City of El Segundo for planning consulting and interim staffing services. (Fiscal Impact: $93,600) MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Jacobson to approve Professional Services Agreement between Tierra West Advisors, LLC and the City of El Segundo for planning consulting and interim staffing. Authorized the City Manager to enter into Professional Services Agreement No. 3780 approved as to form by the City Attorney. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 6. Consideration and possible action to approved the use and purchase of four "Kustom Signals Pro Laser III" hand held laser traffic speed measurement devices with four identical units. (Fiscal Impact not to exceed $13,500 from equipment replacement funds). MOTION by Council Member Boulgarides, SECONDED by Council Member Jacobson to approve the use and purchase of four "Kustom Signals Pro Laser III" hand held laser traffic speed measurement devices with four identical units. (Fiscal Impact not to exceed $13,500 from equipment replacement funds). MOTION PASSED BY UNANIMOUS VOICE. 5/0 9. Consideration and possible action to accept a cash donation totaling $10,000 from DirecTV in support of Super CPR (Cardio - Pulmonary Resuscitation) Saturday and other public education programs to be held in 2008, for supplies, equipment, and other resources. (Fiscal Impact: $10,000). MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Busch to accept a cash donation totaling $10,000 from DirecTV in support of Super CPR (Cardio - Pulmonary Resuscitation) Saturday and other public education programs to be held in 2008, for supplies, equipment, and other resources. (Fiscal Impact: $10,000). Authorized the City Manager to transfer the monies into the Emergency Services Public Education account ($4,000), the CPR General Fund account ($2,000), and the suppression supplies account ($4,000). MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS 13. Consideration and possible action regarding a staff analysis of potential revenue impacts to the City due to State budget crisis. Deborah Cullen, Finance Director, gave a report. MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 15, 2008 PAGE NO. 6 VJjL Council consensus to receive and file report. 14. Consideration and possible action to authorize the Los Angeles Air Force Base to install a temporary on- street fence within the City's right -of -way on the east side of Douglas Street between El Segundo Boulevard and Mariposa Avenue. (Fiscal Impact: None) Jeff Stewart, City Manager, gave a report. MOTION by Council Member Boulgarides , SECONDED by Council Member Fisher to authorize the installation of temporary on- street fence on the east side of Douglas Street between El Segundo Boulevard and Mariposa Avenue to facilitate the Los Angeles Air Force Base construction. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 G. REPORTS — CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE REPORTS — CITY CLERK - Due to the State Presidential Primary Election on Tuesday, February 5th, the next regular City Council Meeting will be held on Wednesday, February 6 th 7:00 P.M. J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Fisher - NONE Council Member Jacobson — NONE Council Member Boulgarides — Spoke regarding use of laptops at meetings and paperless and web based agenda. Requested an item be agendized regarding Grand Avenue improvements. Mayor Pro Tern Busch — Spoke regarding youth basketball season and the great work of the Recreation and Parks staff. Also spoke regarding the Young Americans Program. Reminded community that on March 8, 2008 the final planting of Trees to the Sea will take place along Imperial Avenue. Mayor McDowell — Spoke regarding LAX North airfield and taxi way improvements. Also spoke regarding navigation fixes and new wave points. Requested community e-mail him regarding any reduction of airport noise. MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 15. 2008 PAGE NO. 7 PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. Liz Garnholz, resident, spoke regarding LAX navigation fixes. Also spoke regarding City plan checking and the possibility of hiring a code enforcement officer. MEMORIALS — Edwin (Mokey) Ross Parker, Bill Oates and German Framinan. ADJOURNMENT at 8:40 p.m. Cathy Domann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 15, 2008 PAGE NO. 8 V��i EL SEGUNDO CITY COUNCIL MEETING DATE: February 6, 2008 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding adoption of plans and specifications for the Urho Saari Swim Stadium Window Replacement (219 W. Mariposa Avenue). Approved Capital Improvement Project - Project No: PW 08 -03 (Fiscal Impact: _ $70,000) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve Plans and Specifications; (2) Authorize staff to advertise the project for the receipt of construction bids; and /or (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The Urho Saari Swim Stadium (Plunge) is one of the City's most historical buildings. During the past few years the Plunge has been upgraded by new paint to the lobby, office, women and men restroom areas, new lifeguard towers, heaters in the dressing rooms, and the reinforcement to the roof truss structure. (Background and discussion continued on the next page......) ATTACHED SUPPORTING DOCUMENTS: Location Map FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: $70,000 301 - 400 - 8202 -8989 Adopt Plans and Specifications No O >arcia, B DATE: DaAssi,5,stant ity n ineer REVIEWED DATE: G Jeff rt, City Manager 012 7 BACKGROUND & DISCUSSION: (continued) The existing 36 gliding and 5 storefront block frame windows at the Urho Saari Swim Stadium are not functioning causing constant temperature and chlorine problems. This project will replace the existing windows with the Low -E dual glazed clear glass vinyl windows. It also includes installing interior and exterior moldings, weather proofing and repair of all concrete as necessary. This project will also result in 15% energy saving. This project is funded through the FY 2006 -2007 Capital Improvement Program. Plans and Specifications are available for review at the Public Works counter. J . s \.\ t y (epUfOg �� ioup _ q�.tI�� •�. ` r - •- L- •--= JLILiUULIj -jUU_ It P11•� i �1{� gY/II V 9 } LViI� 1 Ut s7 >"rM,rw i a N u vrc � o � .vrcl AN3NId3L'Y'S'� NOW13H0 4L � r � J Vt�"t � av t Ml/anYnil M (� 117 uw•n � L O NI.QIM,� \T t .IQ1 NY A7141 ■ �� 1�Y ■■� --.�� I1�- 11}11 tS 1•_Jl 3M/!IM 1 W - 1 t' 11�( mmm mm ATOIM _ t WWII • iM11'RO t � AYriO a� �Um�m® 1RY .�I• r o�UUa�U MY . M M 4 q . °°oM>v anrtw.raA// ® rvo!HFI U�� M S31O� VVVVg qV/1 �• Q] UUU, 0C7�Lu�L�I M Y sw . atYYOMir/ � j , I��. y]-�� M'i M M �• � 111 AN15•yl7`�— I� y MY M •r (, 63 MNV Sol r 6 r r do ALp r r 5 tj fir T✓�arinti. t/i/rr uz, � � E i EL SEGUNDO CITY COUNCIL MEETING DATE: February 6, 2008 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding the award of a Standard Public Works Contract to Tony Painting, Inc. for painting of the Park Vista Senior Apartments (615 E. Holly Avenue), the Lakes Golf Course (400 S. Sepulveda Boulevard) and the El Segundo Police Department Jail (348 Main Street). Project No.: PW 07 -12. (Contract Amount = $49,950). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Authorize the City Manager to execute a Standard Public Works Contract in a form as approved by the City Attorney with Tony Painting, Inc., in the amount of $49,950; and (2) Alternatively, discuss and take other action related to this item. BACKGROUND S DISCUSSION: On December 18, 2007, the City Council adopted the plans and specifications and authorized staff to advertise the project for competitive bids. (Background and discussion continued on the next page......) ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: $ 54,945 405 - 400 - 0000 - 6215($19,610) 501 - 400 - 5301 -8104 ($7,850) Park Vista Operating Budget ($27,485) Award of Contract No ORIGINATED BY: DATE: Dan GarLAsEsist LityEngineer REVIEWED IB DATE: �Y Jeff rt, City Manager (,45 BACKGROUND & DISCUSSION: (continued) On January 22, 2008, the City Clerk received and opened the following seven (7) bids COMPANY AMOUNT Tony Painting, Inc. $ 49,950.00 Jime Nez Painting Company $ 56,000.00 Leo's A -C Inc., $ 57,000.00 Kronos Painting, Inc. $ 74,000.00 T & M Painting And Construction, Inc. $ 77,000.00 Prime Painting Contractors inc. $128,000.00 C.T. Georgiou Painting Company $161,000.00 The lowest bid from Tony Painting, Inc. is responsive. Tony Painting's reference verified successful experience with similar projects and has completed a painting project for the City in the past. Funding for this project in the amount of $27,485 is available through the Park Vista Senior Housing operating budget. The contractor will be paid directly by the Park Vista Senior Housing board for the portion of the contract related to the painting of the Park Vista Apartment. The City will assist the board in the project management of the Park Vista painting. The golf course bond refinancing will fund $7,850 and the balance of $14,615 will be funded from the Facility Maintenance budget for the FY 2007 -2008. Staff recommends award of a Public Works Contract to Tony Painting, Inc. for $49,950. The amount requested includes the total bid of $49,950 and an additional 10% for potential change orders due to unforeseen conditions. 0116 EL SEGUNDO CITY COUNCIL MEETING DATE: February 6, 2008 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding the award of a Standard Public Works Contract to Flo- System, Inc., in the amount of $342,832 for the installation of an improved monitoring system for the City's Water and Wastewater operations at 400 Lomita Street. Approved Capital Improvement Program. Project No.: PW 06 -01. (Contract Amount = $342,832.00). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Authorize the City Manager to execute a Standard Public Works Contract in a form as approved by the City Attorney with Flo- System, Inc., in the amount of $342,832; (2) approve contingency in the amount of $25,000 and, (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On June 7, 2005, City Council approved an agreement with Federal Signal Controls to design and provide hardware and software components for an upgraded telemetry system. The plans and specifications to install the new system were completed by Federal Signal Controls. On July 18, 2006, City Council adopted plans and specifications and authorized staff to advertise the project for receipt of construction bids. (Background and discussion continued on the next page......) ATTACHED SUPPORTING DOCUMENTS: Location Map FISCAL IMPACT: Operating Budget: Capital Improvement Program: Amount Requested: Account Number: Project Phase: Appropriation Required: ORIGINATED Dan Garcia, Assistar'rt fl* Engineer REVIEWED Jeff StehcW.. Citv Ma $521,220.18 $367,832.00 501 - 400 - 7103 -8228 Award of Contract No DATE: /'Z,4--cO d DATE: / /V'AI 0 4 r/ BACKGROUND & DISCUSSION: (continued) The project was advertised in trade publications (McGraw Hill, Reed Construction and Bid America) and El Segundo Herald. The City Clerks' Office received no bids on August 15, 2006. Public Contract Code §220389(C) provides that if no bids are received, the work can be performed through a negotiated contract. Staff contacted the plan holders and other contractors to negotiate a contract for the installation of the System. City received the following four (4) proposals: 1. Flo- Systems, Inc. $342,832.00 2. Technology Resource Center, Inc. $349,157.00 3. Byrd Industrial Electronics $379,965.00 4. Coleman- Pacific, Inc. $652,158.00 Staff recommends awarding a contract to Flo- Systems, Inc., for installation of the telemetry system in the amount of $342,832. Flo- Systems, Inc. will install a complete system with all project management, configuration, testing, installation, start-up, training and documentation. The System will monitor operations and water levels at the following sites: 10 Wastewater lift stations o 2 Wastewater flow stations • 4 Storm Water pump stations • 2 Water reservoirs o 2 Metropolitan Water District Service Connections Data will be conveyed to a central computer at the water facility at 400 Lomita Street. The existing telephone line modems will be reused to provide primary communications to the remote locations. A cellular gateway modem will be provided for a redundant method of communications to the remote locations. Each site will also be equipped with a strobe warning light. Funding for this project is provided through the Water and Wastewater Enterprise Funds. i� �i I _; i ; -�. --� -� _ t, �� .��- �...� - .,.. ;�_ �. �- :� .�� - 't -�.. •'ro '� ., i ''3� � ' ' I� ;. �'�E��1n■ ::,� C'� ._�: �� . Y,, ,• �. 11 L EL SEGUNDO CITY COUNCIL MEETING DATE: February 6, 2008 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding award of a contract to S &L Specialty Contracting, Inc. for construction related to Group 23 (21 residences) of the Residential Sound Insulation (RSI) Program. (Estimated construction cost and retention: $838,970) RECOMMENDED COUNCIL ACTION: 1) Award contract to S &L Specialty Contracting, Inc. for Group 23; 2) Authorize the City Manager to execute a construction contract in a form approved by the City Attorney; and 3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On January 8, 2008 the City Clerk's office opened sealed bids for Group 23 (RSI 07 -10) of the City's Residential Sound Insulation (RSI) Program. The results of the bid openings were as follows: 1. S &L Specialty Contracting, Inc. 2. Tron Construction, Inc. 3. Professional Building Contractors, 4. NSA Construction Group, Inc. 5. Ardalan Construction Company 6. Y &M Construction 7. G &G Specialty Contractors, Inc. $ 762,700.00 $ 797,000.00 Inc. $ 832,834.00 $ 958, 568.00 $ 975, 886.00 $ 995,239.00 $1,171,974.00 (Please see attached page entitled "Background and Discussion (cont.,) ") ATTACHED SUPPORTING DOCUMENTS: 1) Bidder's Proposal and Statement from S &L Specialty Contracting, Inc. FISCAL IMPACT: Operating Budget: $10,200,000 Amount Requested: $ 838,970 Account Number: 116 -400- 0000 -8960 Groups: 23 Appropriation Required: _ Yes X No ORIGINATED: DATE: January 23, ,r mes S. O'Neill, Program Ma REVIEWED er DATE: 1/ 1,4)O 0.5 0 10 Backaround and Discussion (cont.) A review was performed on the Bid from S &L Specialty Contracting, Inc. was determined to be responsive. S &L Specialty Contracting, Inc. has completed construction work on Groups 5 — 9 (137 residences) on the City's RSI Program, is completing work related to Group 17 (27 residences), and has started work related to Groups 21 and 22 (59 residences). The amount requested for the contract is $838,970, which represents the Total Bid amount shown on the bid and an additional 10% of that Total Bid for potential change orders related to unforeseen conditions. As City Council is aware, eighty percent (80 %) of costs associated with the Residential Sound Insulation Program are covered by federal grant funding from the FAA until those funds identified in the Grant Implementation Plan to the City of Los Angeles are exhausted. Remaining expenses, with the exception of elective "Owner Upgrades" selected by property owners, are covered by the settlement with Los Angeles World Airports (LAWA). With the completion of Group 23, the total number of residences completed by the City's RSI program will be 758. J1 1/08/2008 12:38 3154718807 SL CONT WICKER PAGE 01 BIDDERS'S PRQPOSAL AND STAUMENT CITY OF EL SEGUNDO, LOS ANGELES COUNTY, CALIFORNIA Project Number RSI 07 -10 "Residential Sound Insulation Program — Group 23" PROPOSAL To the Mayor and City Council City of El Segundo 350 Main St. El Segundo, CA 90245 The undersigned declares that he /she has carefully examined the location of the proposed work and has otherwise satisfied himself/herself as to the nature and location of the work, and is full informed as to all conditions and matters which can in any way affect the work or cost thereof, that he /she has examined the Contract Documents, and has read the accompanying "BIDDING INS'T'RUCTIONS" and hereby agrees to provide the following: To furnish all labor, materials, equipment, transportation, and services and to do all the work required for the "Residential Sound Insulation Program — Group 23" in strict conformity with the Contract Documents and at the following lump sum price, to Wit: Bidder's Proposal and Statement 1 City of El Segundo Group 23 (RSI 07 -10) Residential Sound Insulation Program 059 Bidder's Engineer's Bid Property ID Address Descri !ion Estimate Amount Subtotal 23.01 770 W. Imperial Ave. RSI Improvements k.. $ 2� �d00 Z.1 Unit #25 $ 23.02 770 W. Imperial Ave. RSI improvements .0. Unit #42 2-11e' $ 2I'= 23.03 770 W. Imperial Ave. RSI Improvements $ Unit #41 23.04 770 W. Imperial Ave. RSI Improvements Unit 089 $z3 ,D1 $7.3 ;z�� 23.05 770 W. Imperial Ave. RSI Improvements Unit #67 $ Z`J w� $25 rztz 23.06 770 W. Imperial Ave. Unit-#18 RS1 Improvements ' "' $ 2,S 7.� $2-1500M 23.07 770 W. Imperial Ave. RSI Improvements ZO%,W6 Unit #4 $ rOCA $ 23.08 770 W. Imperial Ave. Unit 433 RSI Improvements $ 23.09 770 W. Imperial Ave. RS1 Improvements Unit #93 $2\ Bidder's Proposal and Statement 1 City of El Segundo Group 23 (RSI 07 -10) Residential Sound Insulation Program 059 01/08/2008 12:38 3154718807 SL CONT WICKER PAGE 02 23.10 770 W. imperial Ave. RSI Improvements Op4• $ Z� ` Unit #19 $ 22,OOiJ 23.11 770 W. imperial Ave. RSI improvements k �<<a $ Unit #24 23.12 657 W. Acacia Ave. RSI Im rovements Window 4 U de $ Air Conditioning ' " ° Go U do Mech. I $15M Air Conditioning U rade lee. °�, �! ' � oa� $ glo 3ors a Door B Hardware .1i Upgrade $ 23.13 859 Loma Vista St, RSI Improvements ° $� q'b0 Door D Upgrade $ tr0 23.14 645 W. Sycamore Ave. RSI Im rovements $ 51 $ S�- 23.15 746 Redwood Ave. I RSI Improvements Door B U pgrade $ HOC) Door F unrade $ Z.bCI�� $� 23.16 213 W. Acacia Ave. RS1 Improvements- $4Z t tS3 Air Conditioning Upgrade (Mech.)I $ Air Conditioning ,a $ 5 Upgrade Elec. $4t„ p Door B Uverade $Apo 00 23.18 1 704 W. Oak Ave. Windows 10 & l I Upgrade Air Conditioning Ut3mde (Mech.) Air Conditioning 23.21 1 620 W. Walnut Ave. RSI Im rovemem Door A Upgrade 23.22 1419 W. Walnut Ave. I RSI Im rovemen 23.24 948 Cypress Street RSI Im rovemen Door A.U-pgrade 23.26 519 W. Walnut Ave. RSI Im rovemen Window 1 U grac Bidder's Proposal and Statement 2 Group 23 (RSI 07 -10) NOW $ �OC� 01/08/2008 12:38 3154718807 SL CONT WICKER PAGE 03 Total Bid (Contract Scum) (words) $Z o0 oU (figures) In case of discrepancy between the words and figures, the words must prevail. NOTICE: BIDDERS WELL NOT BE RELEASED DUE TO ERRORS AND ILLEGIBLE BIDS MUST BE DISQUALIFIED NOTICE: Total Bid (Contract Sum) must equal the total of Schedule of Values. If the Total Bid does not equal the total of the Schedule of Values, it is grounds for rejection of the Bid. Furthermore, inconsistencies between the Schedule of Values and the Flans for each Dwelling are grounds for rejection of the Bid This bid is based upon completing the work as set in the Construction Schedule published in the Contract Documents. If awarded the contract for the Work, the undersigned hereby agrees to sign the contract and furnish the necessary bonds not more than ten (10) calendar days after Notice to Proceed date. Enclosed is a Bidder's Bond, certified check or cashier's check, which is not less than ten percent (10 %), as a guarantee that the undersigned will enter into the contract if awarded to the undersigned. The undersigned further agrees that in case of default in executing the required contract with necessary bonds and insurance. within the time limits above specified, said bonds or check and money payable therein must be fortified to and become the property of the City of El Segundo, State of California. Name of Firm: 'TL- 5ELIR-JZY 06N7 C , INC, Address: V GA Cy N � 2 Telephone Number: Contractor's License Number: 71 b q(P b Type of License: 1p� - 0— 2- Lo License Expiration Date: r7- 31- 0 Type of Entity: ❑ Sole Proprietorship 11 Partnership Corporation ❑ Other I declare under penalty of perjury that the foregoing is true and correct. Bidder's Proposal and Statement Group 23 (RSI 07 -10) City of El Segundo Residential Sound Insulation Program 054 EL SEGUNDO CITY COUNCIL MEETING DATE: February 6, 2008 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding approval of the American Cancer Society's Relay for Life 2008 event request for a waiver of City - related fees per municipal code section 8 -8 -7 D 1 and use of the City logo artwork per municipal code 1 -3 -1 to 1 -3 -5 (Fiscal Impact: $6,376) RECOMMENDED COUNCIL ACTION: (1) Approve the waiver of City- related fees per El Segundo Municipal Code § 8- 8- 7(D)(1); (2) approve use of the City Seal for the public purpose of promoting public health and safety per ESMC § 1 -3 -3 to 1 -3 -5; (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The American Cancer Society's Relay for Life Cit�r has requested the City of El Segundo and El Segundo Unified School District approve the 2" annual 24 -hour overnight fundraising event, held on El Segundo High School's track and football field from 9 a.m., Saturday, June 7, to 9 a.m., Sunday, June 8, 2008. The Relay for Life celebrates cancer survivorship and raises money for American Cancer Society research and programs. At events in communities internationally, teams who have secured sponsorships gather on designated areas at schools, fairgrounds, or parks and take turns walking or running laps for 24 hours overnight. Each team keeps one member walking or running the track at all times, while entertainment and food is provided by local business sponsorships and community groups. Last year was El Segundo's first Relay for Life and gained the distinction of being the largest, first -time fundraising Relay event held. (Continued on next page...) ATTACHED SUPPORTING DOCUMENTS: Attachment 1: Letter of Request from the American Cancer Society "Relay for Life" FISCAL IMPACT: $6,376 Operating Budget: Account Number: 001 - 400 - 3102 -4103 and 001 -400- 5210 -4103 and 001 -400- 5210 -5204 Amount Requested: Project Phase: Appropriation Required: _Yes X No ORIGINATED: DATE: ichard 13rupefte, Recreation and Parks Director REVIEW Y: DATE: rt, City Manager 605 1 1 Background and Discussion (continued from previous page....) Representatives of the ACS's Relay for Life are meeting with El Segundo School District and City representatives to obtain necessary approvals and permits in order to hold the event and request fee waivers. The American Cancer Society is a 501 (c)(3) corporation. El Segundo School District Superintendent Geoff Yantz has approved the event and El Segundo High School Principal Jim Garza has approved the high school use on the proposed event dates of June 7 -8, 2008. The American Cancer Society's Relay for Life has requested the following from the City: (1). Permission to use the City logo for promotional items; (2). Use of the City's portable stage, available City tables, chairs, pop -up canopies, and sand for luminaries; (3). A Relay for Life proclamation at the June 3 City Council meeting; (4). That live and recorded amplified music be allowed on stage until 10pm on Saturday, June 7 and movies with a reduced sound level be allowed to be shown till 6am on Sunday morning, June 8; (5). That the Police Department provide any necessary officers on -site during the 24 hr period; (6). Fire Department support and use of their portable grill; (7). That lights on the high school track and football field be allowed to remain on overnight; (8). A "Paint Our Town Purple" National Cancer Awareness Day proclamation at the April 15 Council meeting and that Relay volunteers be allowed to decorate Main, Grand, and Mariposa with purple ribbons, balloons, streamers, and flyers May 1 -8; (9). That event participants be allowed to remain on -site and camp overnight at the high school on the football field inside the track; (10) A booth at the City's "Hometown Fair" special event; (11). Use of the City shuttle service for transporting participants during the Relay event; (12). Use of the City parking lot on Mariposa and Main Street during the event; (13). That the City waive fees associated with the above requests. The event is proposed to be held on school district grounds and not on a City facility. With City- support and associated fee - waivers being requested, overnight lighting with portable lights on the football field to safely illuminate the track and event area, and amplified sound, a City Special Event Permit and Amplified Sound Permit and supporting documents will be completed and filed at minimum one month prior to the event. The Cancer Society anticipates approximately 1000 participants throughout the 24 -hour period. Due to the nature of the event, participation numbers on -site at any given time will vary throughout the event. Parking on the high school and additional parking for the event is required in the parking lot at the corner of Main and Mariposa Streets. Insurance naming the School District and City as additionally insured will be provided by the American Cancer Society. A minimum of 2 weeks prior to the event, the American Cancer Society will be required to notify residents within 200 feet of the high school's football field and track area of the event. As this event appears to have become an annual City -wide community special event, it can be anticipated and included in the budget process for approval of the event in future years. 2 ATTACHMENT #1 January 23, 2008 City of El Segundo 350 Main Street El Segundo, CA 90245 To the City of El Segundo, On behalf of the American Cancer Society California Division Inc and the 2008 Relay For Life of El Segundo committee, we would like to request the use of a few City of El Segundo services for our 2nd Annual Relay For Life of El Segundo. Relay For Life is a very special community event that honors cancer survivors and families that have lost loved ones to cancer. It is a 24 -hour event where the community comes together and shows their support for this cause for the full 24hours, because cancer never sleeps. The event will take place on June 7 -8th 2008 at the El Segundo High School field. The El Segundo High School principle, Jim Garza, has agreed to host our event. The committee will pass out letters to the neighbors on all four sides of the high school 1 week prior to the event to notify and invite them to the event. Prior to the Relay, the Relay For Life of El Segundo committee solicits donations as well as plans entertainment and food for the full 24 hours. The following services are being requested from the City of El Segundo: City Supplies and Support: City Logo Permission- we would like permission to use the City of El Segundo logo to put on the back of all participant t -shirts and thank you banners to recognize the City for their support and sponsorship of our event. City Stage- we are requesting the use of the city stage for the entertainment including DJ, choir singers, and dance routines. Relay For Life of El Segundo Proclamation- we are requesting a proclamation from the City of El Segundo on the June 2nd City Council Agenda for the Relay For Life of El Segundo on June 7th -8th 2008. Amplified Sound— we ask that a permit be issued for the amplified sound from 9am to 10pm as well as movies to be shown from midnight to 6am. Police Dept- to help provide a safe and enjoyable community event as well as add to the community support of this event. Fire Dept- to help provide a safe and enjoyable community event as well as add to the community support of this event. We would also like to request the use of their portable grill. Lights- the approval from the city to have the lights stay on for the full 24 hours to provide 3 �;a7 extra safety to the walkers at night. The lights will also need to be turned off for a brief hour for the luminaria ceremony from (8:45pm- 9:45pm). Paint Our Town Purple support- May 1St, 2008, is National Cancer Awareness Day- Paint Our Town Purple. We are requesting support of the City of El Segundo by providing a proclamation as well as permission to decorate the main streets of El Segundo (Main, Grand, and Mariposa) with purple ribbons, balloons, streamers, and flyers. The decorations would be taken down by the following Thursday, May 8th, 2008. The El Segundo elementary and middle schools will be participating in "Mini- Relays" on May 1 at to educate the youth on the importance of physical activity and nutrition, and the harmful effects of tobacco. Special Events Permit and Fees Waived- we would like to request that the special events permit be approved by the city and any associated fees be waived so that the money being raised by the community will go directly to the cause. Hometown Fair Booth- we are requesting a booth at the Hometown Fair on May 3rd 2008 to help publicize our event to the community. Tables, chairs, canopies, and Sand- we would like to request the use of tables, chairs, canopies, and sand from the El Segundo Recreation and Parks Department so the money being raised by the community will go directly to the cause. Shuttle Service- We would also like to request the same shuttle service the Recreation and Parks of El Segundo was able to provide last year to help maintain smooth parking on June 7th -8th Thank you to the City of El Segundo for your amazing support in our 2007 1St Annual Relay For Life of El Segundo, helping to name El Segundo as the 2007 #1 First Year Relay in the nation! Relay For Life of El Segundo is coordinated by a group of very dedicated volunteers who are anxious to get things up and running. The Event Chair for the 2008 Relay For Life of El Segundo is Linda Lovett (310- 569- 1905). Your support in providing the services listed above for the 2008 Relay For Life of El Segundo will help to support the community effort in fighting this disease and further the mission of the American Cancer Society. Your support will also help us reach our 2008 goals for the Relay For Life of El Segundo: 125 survivors, 60 teams, 65 committee members, and $500,000. If you have any questions, or need additional information, please do not hesitate to call me at (310)256 -0582. Sincerely, Katie Holmes Community Development Manager American Cancer Society Katie. HolmesAcancer.org 4 �.��8 EL SEGUNDO CITY COUNCIL MEETING DATE: February 6, 2008 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license for on -site sale and on -site consumption of alcohol (Type 41 - On -Sale Beer and Wine) at a new restaurant located at 720 Allied Way, Suite D, EA No. 780 and AUP No. 07 -08. Applicant: Veggie Grill Restaurant c/o Jean Claude Sakoun (Fiscal Impact: None). RECOMMENDED COUNCIL ACTION: Receive and file a determination that the City Council does not object to issuance of a new Type 41 ABC license at 720 Allied Way, Suite D; and /or, 2. Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: At its April 4, 1995 meeting, the City Council directed staff to bring all future ABC licenses to it for review. ABC regulations require a 30 -day review and comment period, for alcohol sales at restaurants, after notification of the local police and planning departments. The grounds of a protest should relate to public health, safety or welfare concerns. Restaurants with Type 41 licenses are specifically excluded from the ABC regulations, which require the City to make findings of public convenience of necessity in areas of "undue concentration" for off -site sale licenses. Based upon previous Council direction, staff is providing background information regarding this application. (continued on next page...) ATTACHED SUPPORTING DOCUMENTS: 1. Crime and Arrest Statistics by Reporting Districts (RD) 2. Police Reporting Districts Map 3. Planning Commission Staff Report dated January 24, 2008 4. Approval Letter to Applicant dated January 17, 2008 5. Police Memorandum dated January 29, 2008 FISCAL IMPACT: None Operating Budget: N/A Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriation Required: _Yes x No Gary Chicots, Dir r of Planning and Buildin REVIEWED B / Jeff SX>fA'rt, City Manager DATE:/ 'a G( (; STAFF REPORT: February 6, 2008 PAGE 2 BACKGROUND & DISCUSSION: (cont.) According to the most recent Crime and Arrest statistics report (June 2007 — December 2007, Exhibit 1) prepared by the Police Department, the proposed restaurant is located in Reporting District (RD) 318. Based on 2007 reported data prepared by the Police Department, the district had a total of 44 Part I crimes (criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny -theft, motor vehicle theft and arson) and 22 felony and misdemeanor arrests. The Police Department and the Department of Planning and Building Safety have no concerns regarding the issuance of a new ABC license for the proposed restaurant. The approval of this license request would be for the convenience of serving alcoholic beverages to the customers to complement the food service at a proposed new restaurant. A request for a new license is required, since the applicant does not currently hold a Type 41 license, and there was no previous license issued for this address location. The applicant's proposed hours of alcohol sale are expected to be during the hours the restaurant is open. The restaurant's hours of operation will be limited to: Monday through Thursday from 8:00 am to 11:00 pm and Friday through Sunday from 8:00 am to 12:00 am. The two outdoor patios would be open the same hours as the restaurant. On January 17, 2008, the Director of Planning and Building Safety Department approved an Administrative Use Permit application (EA No. 780, AUP No. 07 -08) for 720 Allied Way, Suite D. The Director's decision was forwarded to the Planning Commission on January 24, 2008. On January 24, 2008, the Planning Commission chose to Receive and File the item with the conditions of approval. The ABC license review is a separate application from the City's AUP process, which requires mandatory findings that are regulated by the Department of Alcoholic Beverage Control. The Department of Alcoholic Beverage Control (ABC) in addition to reviewing the City's AUP approval is responsible for running a complete background check on all alcohol license applicants, as well as conducting site inspections, before the issuance of any type of license. PAPlanning & Building Safety\PROJECTS\ 776 - 800\ EA- 780\2008.2.6.EA- 780.ccreport.doc EL SEGUNDO POLICE DEPARTMENT RECORDED PERIOD: JULY — DECEMBER 2007 PART I CRIMES AND ARRESTS STATISTICS BY REPORTING DISTRICT RD RD PART I CRIMES (ONLY) FELONY /MISD ARRESTS PART I TOTAL (ONLY) AVERAGE BY RD PERCENTAGE +/- 101 10 3 13 +30% 102 6 5 11 +10% 103 1 4 5 -50% 104 22 5 27 +170% 105 7 2 9 -10% 106 9 1 10 0% 107 16 2 18 +80% 108 6 2 8 -20% 109 7 0 7 -30% 110 8 3 11 +10% 111 2 3 5 -50% 112 14 4 18 +80% 113 18 11 29 +190% 114 2 1 3 -70% 115 2 0 2 -80% 116 0 0 0 0% 201 7 0 7 -30% 202 5 2 7 -30% 203 4 1 5 -50% 204 2 1 3 -70% 205 12 0 12 +20% 206 8 1 9 -10% 207 11 1 12 +20% 208 15 3 18 +80% 209 16 2 18 +80% 210 13 1 14 +40% 211 8 1 9 -10% 212 2 2 4 -60% 301 5 0 5 -50% 302 3 0 3 -70% 303 3 0 3 -70% 304 1 1 2 -80% 305 0 0 0 0% 306 2 0 2 -80% 307 0 0 0 0% 308 12 2 14 +40% 309 3 0 3 -70% 310 0 0 0 0% 311 4 0 4 -60% 312 4 0 4 -60% 313 1 0 1 -90% 314 2 4 6 -40% 315 3 1 4 -60% 316 2 0 2 -80% 317 5 3 8 -20% 318 44 22 66 +560% 319 56 17 73 +630% 320 10 2 12 +20% 321 4 0 4 -60% 322 1 0 1 -90% 323 2 0 2 -80% 324 0 0 0 0% TOTALS 400 113 513 Number of Reporting Districts = 52 Average # of Part I Crimes per Reporting District = 8 Average # of Felony /Misdemeanor Part I Crime Arrests per Reporting District = 2 Average # of Crimes and Arrests per Reporting District = 10 Results from 07/01/2007 through 12/31/2007) FORMULA: Add (Part I crimes + Felony/Misd Arrest) then subtract from the Average # of Crimes and Arrest per Rd, divided by the Average # of Crimes and Arrests per RD and multiply by 100. Sample: 10 +3= 13- 10- -3110= .3x100=30% �\ A Records /eg Page 1 1/24/2008 SIAVWOI r 383nm uj , ` t~.`~^~`� ~ .�.. CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC HEARING: January 24, 2008 SUBJECT: Environmental Assessment No. EA -780 Administrative Use Permit No. 07 -08 APPLICANT: Veggie Grill Restaurant PROPERTY OWNER: Rosecrans Partners 3, LLC REQUEST: A Request to allow the sale and consumption of alcohol at a new Restaurant with a (Type 41 Alcoholic Beverage Control License) PROPERTY INVOLVED: 720 Allied Way, Suite D I. DESCRIPTION The Planning and Building Safety Department received the above referenced application for an Administrative Use Permit to allow the sale and consumption of alcohol at a new restaurant currently under construction at a new commercial shopping center (Plaza El Segundo) located at 720 Allied Way, Suite D in the Commercial Center (C -4) Zone. The proposed project for permitting the sale and consumption of alcoholic beverages is consistent with uses allowed in the recently approved 425,000 square -foot shopping center on a 110 -acre site. The development was approved through Environmental Assessment No. 631, Development Agreement No. 03 -1, General Plan Amendment Nos. 03-4 & 03 -5, Zone Change Nos. 03 -2 & 03 -3, Zone Text Amendment No. 04 -1, and Subdivision No. 03 -7 (Vesting Tentative Tract No. 061630) with conditions. A certified Final Environmental Impact Report (EIR) was required and approved for the development of the shopping center. The applicant is requesting a Type 41 license for the on -site sale and on -site consumption of beer and wine in the restaurant from the California Department of Alcoholic Beverage Control. The restaurant will consist of an indoor dining area and two outdoor patios. The restaurant will be approximately 2,600 square feet in area and will contain 58 seats, including two small outdoor patios. The 51 square -foot outdoor patio on the west side will contain 4 seats for dining and the 147 square -foot outdoor patio to the north will contain 12 seats for dining. The restaurant will contain a combined total of 74 seats. G,63 The following chart describes the proposed dining and seating areas as revised: PROPOSED PROPOSED,:SQUAREs RESTAURANT PROPOSED SQUARE FOOTAGE NUMBER OF SEATS Indoor Dining 2,600 SF 58 seats Outdoor Patio #1 147 SF 12 seats (north) Outdoor Patio #2 51 SF 4 seats (west) Total 2,798 gross SF 74 seats The Administrative Use Permit is required for the new restaurant since there is no previous business with a license at this location. Restaurants are a permitted use in this Zoning District in accordance with the Commercial Center (C -4) Zone and Section 4.1.5 of the Development Agreement by and between the City of El Segundo and Mar Ventures, Inc., developer of the Plaza El Segundo project. The proposed use (on -site sale and consumption of beer and wine) requires an Administrative Use Permit (AUP) in accordance with El Segundo Municipal Code § 15- 5G -4(A). The following chart is the parking analysis for the proposed uses: PROPOSED PROPOSED,:SQUAREs FOOTAGE - REQUIRED REQUIRED PARKING - SPACES RESTAURANT; PARKING RATIO ' Indoor Dining 2,443 net SF — 1 Space/75 SF 33 Parking Spaces and Bar Outdoor Patio #1 147 SF — 1 Space/75 SF 0 Parking Spaces (north) Outdoor Patio #2 (west) 51 SF — 1 Space/75 SF 0 Parking Spaces Total 2,443 net SF 33 Parking Spaces Note: Pursuant to El Segundo Municipal Code §15- 15 -2.G, fractional spaces are rounded to the nearest whole number. FA The proposed indoor dining area and food preparation area is 2,443 net square feet which requires 33 parking spaces. The proposed two small outdoor patios are less than 200 total square feet when combined and therefore would not require any additional parking spaces. The total required parking for the proposed restaurant is 33 parking spaces. A parking covenant will be recorded before the final occupancy permit is issued transferring parking rights from Parcel No. 12 to Parcel No. 13 to accommodate the required parking necessary for the restaurant and subject property. The restaurant dining hours of operation are limited to: Monday through Thursday from 8:00 am to 11:00 pm, and Friday through Sunday from 8:00 am to 12:00 am. The outdoor patio would be open the same hours as the restaurant. Any change to the hours of operation is subject to review and approval by the Director of Planning and Building Safety. Planning staff reviewed the application and the Director made the necessary findings to grant an Administrative Use Permit. The attached letter specifies all of the required findings for the permit. II. Inter - Departmental Comments The project applications and plans were circulated to the Police Department and Building Division for review. The Police Department had no comments. The Building Division's Plan Check Engineer provided the following comments: 1. There must be an accessible urinal for the disabled per Table 4 -1 of the California Uniform Plumbing Code, 2000 Edition. 2. Provide a hand washing facility in the kitchen area for the employees. III. RECOMMENDATION Receive and File. IV. EXHIBITS A. Administrative Use Permit Approval Letter, dated January 15, 2008 B. Administrative Use Permit application E. Plans Prepared by: Maria Baldenegro, Assistant Planner 3 Ki berly Chris nsen, AICP, Planning Manager Department of Planning & Building Safety Gary Chico 4/, Director Department of Planning & Building Safety PAPlanning & Building Safety\PROJECTS1 776- 800\EA- 7801EA- 780.PC- SR.doc C l v Elected Officials: K ally McDowell, Mayor Eric K. Busch, Mayor Pro Tom Jim Boulgarides, Council Member Carl Jacobson, Council Member Bill Fisher, Council Member Cindy Mott son, City Clerk Ralph Lanphere, City Treasurer Appointed Officials: Jeffrey Stewart, City Manager Mark D. Hensley, City Attorney Department Directors: Bill Crowe, Assistant City Manager Deborah Cullen, Finance Robert Hyland, Human Resources Kevin Smith, Fire Chid Debra Brighton, Library Services Gary Chicots, Planning and Building Safety David Cummings, Police Chief Vacant Public Works Richard Brunette, Recreation d Parks www.elsegundo.org Planning & Building Safety Department January 17, 2008 Jean Claude Sakoun SBCCo., Inc. P.O. Box 3026 Santa Monica, CA 90408 RE: Environmental Assessment No. EA -780 and Administrative Use Permit (AUP) No. 07 -08 On -Site Sale and Consumption of Beer and Wine in Conjunction with the Operation of a Restaurant (Veggie Grill) for a (Type 41 State of California Alcoholic Beverage Control License) Address: 720 Allied Way, Suite D (Plaza El Segundo) Dear Mr. Sakoun: I am pleased to inform you that, in accordance with Chapter 15 -22 of the City of El Segundo Municipal Code, the Planning Division reviewed your application for the above - referenced project and the Director of Planning and Building Safety Department APPROVED Environmental Assessment No. EA -780 and Administrative Use Permit No. 07 -08 for the on -site sale and on -site consumption of beer and wine at 720 Allied Way, Suite D. The Director has not identified a reason to oppose the issuance of a Type 41 license by the Alcoholic Beverage Control Department for a new restaurant located at 720 Allied Way, Suite D. The following are the findings and facts in support of each finding for this decision: 350 Main Street, El Segundo, California 90245 -3813 Phone (310) 524 -2380 FAX (310) 322 -4167 {:h FINDINGS AND FACTS IN SUPPORT OF FINDINGS: Environmental Assessment No. EA -780 Finding 1 , • The proposed project for permitting the sale and consumption of alcoholic beverages is consistent with uses allowed in the recently approved 425,000 square -foot shopping center on a 110 -acre site. The development was approved through Environmental Assessment No. 631, Development Agreement No. 03 -1, General Plan Amendment Nos. 03-4 & 03 -5, Zone Change Nos. 03 -2 & 03 -3, Zone Text Amendment No. 04 -1, and Subdivision No. 03 -7 (Vesting Tentative Tract No. 061630) with conditions. A certified Final Environmental Impact Report (EIR) was required and approved for the development of the shopping center. Facts in Support of Finding 1 1. The applicant proposes to provide for the sale of beer and wine for on -site consumption at a new restaurant. The California Environmental Quality Act (CEQA) does not require an environmental assessment if the project consists of permitting the sale of alcohol within a previously approved shopping center currently under construction. Additionally, no expansion of the building is proposed. The subject tenant will be located within the Plaza El Segundo shopping center, which has previously been approved under an EIR. 2. The 2,600 square -foot restaurant is located at 720 Allied Way, Suite D in a commercial shopping center that is under construction. Administrative Use Permit 07 -08 Finding 1 • There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located. Facts in Support of Finding 1 1. The applicant proposes to provide on -site sale and consumption of beer and wine in a new restaurant. The restaurant will be located within the Plaza El Segundo shopping center at 720 Allied Way, Suite D. The restaurant will be approximately 2,600 square feet in area and will contain 58 seats indoors. The 51 square -foot outdoor patio on the west side will contain 4 seats for dining and the 147 square -foot outdoor patio to the north will contain 12 seats for dining. The restaurant will contain a combined total of 74 seats. b �` 2 u 2. The minimum number of required parking spaces for the restaurant and patio (based upon the proposed uses) is 33 parking stalls on -site. 3. The surrounding land uses include: commercial retail and office uses, and light and heavy industrial uses. The proposed restaurant will be compatible with the t surrounding uses which will include other restaurants, commercial retail and a grocery store that will sell and serve alcohol. 4. The restaurant must obtain the State of California Alcohol and Beverage Control (ABC) license for on -site sale and consumption of alcohol (Type 41). 5. The General Plan land use designation for the site is Commercial Center. 6. The zoning for the site is Commercial Center (C-4). Restaurants are a permitted use in this Zoning District in accordance with Section 4.1.5 of the Development Agreement by and between the City of El Segundo and Mar Ventures, Inc., developer of the Plaza El Segundo project. The proposed use (on -site sale and consumption of beer and wine at a restaurant) requires an Administrative Use Permit in accordance with ESMC §15- 5G -4(A). 7. On January 24, 2008, the El Segundo Planning Commission is scheduled to Receive and File the Administrative Use Permit request. Finding 2 • The proposed use is consistent and compatible with the purpose of the Zone in which the site is located. Facts in Support of Finding 2 1. The General Plan land use designation for the site is Commercial Center. 2. The zoning for the site is Commercial Center (C -4). Restaurants are a permitted use in this Zoning District in accordance with Section 4.1.5 of the Development Agreement by and between the City of El Segundo and Mar Ventures, Inc., developer of the Plaza El Segundo project. The proposed use (on -site sale and consumption of beer and wine at a new restaurant) requires an Administrative Use Permit in accordance with ESMC § 15- 5G -4(A). 3. The purpose of the Commercial Center (C-4) Zone is intended to provide for developing commercial establishments (retail and services) serving the City and surrounding area. The proposed use is consistent with this purpose of the zone in that restaurants are an allowed use. 4. The proposed use is consistent with the Land Use Element in that the Commercial Center Land Use Category is intended to permit a mixture of 3 . b03 community - serving retail, restaurants and other commercial service uses in an integrated shopping center design to serve a broad cross section of the City and surrounding area. 5. The proposed use is consistent with Land Use Element Goal LU4 in that it provides a stable tax base for the City through development of new commercial uses, primarily within a mixed -use environment, without adversely affecting the viability of Downtown. 6. The proposed use is consistent with Land Use Element Objective LU4 -1 in that it promotes the development of high quality retail facilities in proximity to major employment centers. 7. The surrounding land uses include: commercial retail, office, and light and heavy industrial uses. The proposed restaurant will be compatible with the surrounding uses. Finding 3 • The proposed location and use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Facts in Support of Finding 3 1. The restaurant will be located inside of a newly constructed building with parking provided on -site. 2. The surrounding land uses include commercial retail and office uses, and light and heavy industrial uses. The proposed restaurant includes two small outdoor patios. 3. The restaurant dining hours of operation are limited to: Monday through Thursday from 8:00 am to 11:00 pm and Friday through Sunday from 8:00 am to 12:00 am. The two outdoor patios would be open the same hours as the restaurant. Finding 4 • Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized and mitigated. 4 (; - 0 Facts in Support of Finding 4 1. The sale of alcohol will not create any new impacts that would not be normally associated with the operation of a restaurant with an indoor dining area and outdoor patio areas. 2. The proposed hours of operation for alcohol sales and the location of the proposed restaurant, which is located in a predominantly commercial zone that is not adjacent to any residential uses, will help to minimize impacts on surrounding uses. 3. The restaurant dining hours of operation are limited to: Monday through Thursday from 8:00 am to 11 :00 pm, and Friday through Sunday from 8:00 am to 12:00 am. The two outdoor patios would be open the same hours as the restaurant. No residential uses are adjacent to the subject property. In addition, ample parking is being provided on the subject site. Therefore, there will be no identifiable impacts on residential uses in the City. 4. In addition to complying with the requirements of the City of El Segundo and the State of California Department of Alcoholic Beverage Control the restaurant is subject to County Health Department regulations that address and monitor impacts of fumes and odors. Finding 5 • The State Department of Alcoholic Beverage Control has issued or will issue a license to sell alcohol to the applicant. Facts in Support of Finding 5 The applicant must obtain a license from the State of California Department of Alcoholic Beverage Control (Type No. 41). DIRECTOR OF PLANNING AND BUILDING SAFETY DEPARTMENT ACTION Based on these findings and facts in support of these findings, the Director of Planning and Building Safety Department APPROVES the proposed project, subject to the following conditions: 1. The restaurant dining hours of operation are limited to: Monday through Thursday from 8:00 am to 11:00 pm, and Friday through Sunday from 8:00 am to 12:00 am. The two outdoor patios would be open the same hours as the restaurant. Food service must be available in the indoor dining area and the two outdoor patios during the dining hours. Any change to the hours of operation or 5 '71 r; the hours that alcohol may be served is subject to review and approval by the Director of Planning and Building Safety. 2. The seating within the restaurant must be limited to 58 indoor dining seats and the two outdoor patios must not exceed a combined total of 16 seats. The restaurant will contain a combined total of 74 seats. 3. Any subsequent modification to the project as approved must be referred to the Director of Planning and Building Safety for approval and a determination regarding the need for Planning Commission review of the proposed modification. 4. Any subsequent changes to the floor plan and areas where alcohol will be served must be reviewed and approved to the satisfaction of the Director of Planning and Building Safety Department. 5. The applicant must obtain and maintain all licenses required by the Alcoholic Beverage Control Act (Business & Professions Code §§ 23300 et seq.). The applicant must obtain and maintain a Type 41 license. 6. The restaurant operations must comply with ESMC §§ 7 -2 -1, et seq. regulating noise and vibration. 7. The Planning and Building Safety Department and the Police Department must be notified of any change of ownership of the approved use in writing within 10 days of the completion of the change of ownership. A change in project ownership may be cause to schedule a hearing before the Planning Commission regarding the status of the administrative use permit. 8. The applicant must comply with all regulations of the Alcoholic Beverage Control Act and the regulations promulgated by the Alcoholic Beverage Control Board including, without limitation, the regulations set forth in 4 Cal. Code of Regs. §§ 55, et seq. 9. The applicant must post a sign in a clear and conspicuous location listing a phone number at which a responsible party may be contacted during all open hours of the establishment to address any concerns of the community regarding noise in the restaurant, patio and parking lot. Said contact's name and phone number must also be available through the restaurant staff at all times. 10. The applicant must, at all times, display a Designated Driver sign of at least ten inches by ten inches (10" X 10 ") in the bar and restaurant dining areas at eye level. The sign must be worded in a way that reminds patrons who are consuming alcohol to designate a non - drinking driver. 6 i. } 7 :. 11. There must be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages which are clearly visible to the exterior must constitute a violation of this condition. \ 12. All employees serving alcoholic beverages to patrons must enroll in and complete a certified training program approved by the State Department of Alcoholic Beverages Control (ABC) for the responsible sales of alcohol. The training must be offered to new employees on not less than a quarterly basis. 13. Any and all employees hired to sell alcoholic beverages must provide evidence that they have either: a. Completed training from the State of California Department of Alcoholic Beverage Control (ABC), Inglewood District Office administered Leadership and Education in Alcohol and Drugs (LEAD) Program in the form of an ABC - issued certificate; or, b. Completed an accepted equivalent by the ABC, Inglewood District Office to ensure proper distribution of beer, wine and distilled spirits to adults of legal age. If any prospective employee designated to sell alcoholic beverages does not currently have such training, then; c. The ABC- licensed proprietors must have confirmed with the Planning and Building Safety Department within fifteen (15) days of the Director's decision, or by final project approval, that a date certain has been scheduled within the local ABC Office to complete the LEAD course. d. Within thirty (30) days of taking said course, the employees, or responsible employer must deliver each required certificate showing completion to the Police Department. 14. The licensee must have readily identifiable personnel to monitor and control the behavior of customers inside the building premises. Staff must monitor activity outside in the parking lot and any adjacent property under the establishment's control to ensure the areas are generally free of people and are cleared of patrons and their vehicles one -half hour after closing. 15. If complaints are received regarding excessive noise, parking availability, lighting, building access, and the like associated with the restaurant and two outdoor patio areas, the city may, in "its discretion, take action to review the Administrative Use Permit, including without limitation, adding conditions or revoking the permit. 16. The outdoor dining /seating areas must comply with ESMC § 15 -2 -16. 7 ; ; 'l3 17. The building must not be occupied by more persons than allowed by the California Building Code, as adopted by the ESMC. 18. The building and any outdoor seating must comply with California Building and Fire Code requirements, as adopted by the ESMC. 19. The Applicant agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Environmental Assessment No. 780 and Administrative Use Permit No. 07 -08. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of EA -780 or AUP 07 -08, the Applicant agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees. PLANNING COMMISSION This determination was received and filed by the Planning Commission at its January 24, 2008 meeting. Please be advised that this does not conclude the review process. The City Council will determine whether or not to protest the issuance of the ABC License (Type 41) at its meeting on February 6, 2008. Should you have any questions, please contact Maria Baldenegro, Assistant Planner, at (310) 524 -2341. Sincerely, Gary Chic Director Departme t of Planning and Building Safety P1Planning & Building Safety\PROJECTS1 776- 8001EA- 780kEA- 780.AUP.LTR.doc s 074 Page 1 of 1 Baldenegro, Maria From: Phipps, Max (Captain) Sent: Tuesday, January 29, 2008 11:11 AM To: Baldenegro, Maria Cc: Chicots, Gary; Cummings, David (Chief of Police) Subject: ABC License for The Veggie Grill Maria: As we discussed earlier this morning the police department has no objection to the issuance of an On -Sale Beer and Wine Alcoholic Beverage License for The Veggie Grill. Additionally, in late November the Department of Alcoholic Beverage Control was the telephonically notified by Sgt. Jeff Leyman that ESPD had no objection to the issuance of this license. 1/29/2008 EL SEGUNDO CITY COUNCIL MEETING DATE: February 6, 2008 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding the goals and objectives and approval of staffing program for the Planning and Building Safety Department. (Fiscal Impact: $350,000 estimated) RECOMMENDED COUNCIL ACTION: 1) Receive and file the goals and objectives for the Department; 2) Approve the staffing program; and 3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The City of El Segundo has had a considerable amount of increased building activity over the last year, as well as the increase in the size and complexity of the type of projects that have been proposed. In addition, the level of building permit activity has increased to an unprecedented level. The size and scope of projects also has had a great impact on the amount of staffing needed to process the approvals adequately. Please see the attached report on building permit activity. (Please see attached page marked "Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS 1. Report on building permit activity for 2003 -2007 FISCAL IMPACT: $350,000 Operating Budget: N/A Amount Requested: N/A Account Number: N/A Appropriation Required:_ Yes X No ORIGINATED• DATE: Gary Chicots Dire r of Planning and Building Safety rY 9 9 y REV74,City DATE: / Jeff Manage r 13 t, 'l Background and Discussion (con't): The Department has also experienced recent vacancies that have further reduced the level of available staff to adequately handle the workload. Those vacancies, coupled with the increased demand for services in the Department, have resulted in processing delays that need to be addressed immediately. At this time Staff is proposing a comprehensive re- evaluation of the level of service currently provided and an assessment of the need for additional staffing. Employment Trends Through staff's networking contacts, discussions with other Cities, and conversations with personnel recruiters that El Segundo has used in the past, it is becoming apparent that finding qualified people to fill positions is becoming increasingly difficult. Staff is hearing that the shift away from the engineering, planning, and technical fields in government to private careers is of particular concern. The result is that for the foreseeable future, the trends are not favorable regarding the City's ability to attract qualified planners. Therefore, it will be necessary to adjust the City's position recruiting expectations, goals, objectives, and policies. In short, it may be unrealistic to expect at this time that all positions will be filled with full time employees. The use of consultants and contract employees are options that El Segundo will need to consider. In fact, according to discussions with other City organizations, it has becoming increasing common to augment full -time staff with contract personnel in some fashion. Another factor that is of concern is attrition and staff turnover. The loss of staff through attrition or retirement can be good for an organization, provided the turnover rate does not exceed acceptable levels. The turnover rate in Planning and Building Safety, however, has become deleterious to the operations of the department. The loss of historical experience and the knowledge base has affected staffs ability to handle the workload. Staffing Levels Planning and Building Safety is organized into three divisions: Planning, Building Safety, and Residential Sound Insulation (RSI) program. Staff will be focusing on the Planning and Building Safety Divisions in this report. In the Planning Division, there are currently six and one half (6.5) budgeted full -time positions in the 2007/2008 budget. Two of the positions are currently vacant, though staff is close to filling both. In the Building Division, there are nine (9) full -time positions included in the 2007/2008 budget, including the Building Safety Manager which has been recently added. Currently, there are two vacant positions in that Division, including the Building Safety Manager. However, the latter position has been filled and that person is scheduled to begin work on February 4, 2008. Permit Activity, Valuation, and Fees Permit activity, valuation of projects, and fees collected are good indicators of the volume and the amount of activity occurring. Information derived from the Building Safety Division v'l r records reveals 5,395 building permits /plan checks were issued with fees totaling $3,525,384 and valuation of $190,147,682 for 2007. Based on review of the previous five years of permit activity, valuation, and fees collected it is apparent that the economic activity has increased considerably in El Segundo. These reports also reveal something much greater is now occurring in El Segundo, that El Segundo is becoming a destination for not just the aerospace industry, but a wide variety of international businesses that prefer the close proximity to LAX, and easy access to freeways, where business travelers can find excellent accommodations and facilities to conduct business in a clean and well planned and maintained city. Regular and Expedited Plan Check The City of El Segundo provides plan check services pursuant to the adopted Building Codes. Plan review is necessary in order to protect the health and safety of the citizens of the community. As an additional service to the development community, expedited plan check is offered. The fees for plan check are determined by the valuation of the project. Expedited plans fees are the regular fees plus $75.00 per hour. The fees collected are to off -set the cost of the service. Those fees are, in turn, used to pay for the additional compensation to staff to expedite the plan review by completion of work during non - business hours. Although no formal study on the current plan fees has been performed, staff believes the fees for various services including Planning and Building Safety and expedited plan check are low. The 2007/2008 City budget has a proposal to conduct a fee study to up -date the fees. Expedited plan review services were originally instituted to provide additional economic development incentives for the development community. Based on review of 2007 permit activity, up to 30% of plans submitted now are expedited, including residential plans. This is undoubtedly one of the most successful and popular programs in El Segundo and therefore staff believe this program should continue. Planning Activity The Planning Division provides for review and regulatory control of development proposals prior to approval with other agencies pursuant to various local and state rules and regulations. Planning Division functions as the "clearinghouse" by coordinating with the various other departments and entities for the orderly development of El Segundo. Attached is a planning activity report which identifies the major developments in El Segundo. The report shows the magnitude of the development now occurring in El Segundo. A few highlights are as follows: • Plaza El Segundo, 448,000 sq. ft. Shopping Center Phase 1A, and 1B project. • Campus El Segundo 1,200,000 sq ft. Mixed -use Office Park, Hotel project. • Aloft Hotel, 167 -Room Hotel project. • Aerospace Corp. Office Expansion and Pedestrian Bridge project. • The Edge, 230,000 sq. ft. Office Condominium project. • Equinix 230,000 sq. ft. Data Center project. • M.E.P.S (Military Entrance Processing Station) 60,000 sq.ft. Medical Office Building project. • Chevron AQMD and Pro +Project. ( Imp.est. @ $1.2 Billion) • British Telecom Photovoltaic Solar Cell project. • Hacienda Hotel Parking Structure project. • Base Partners 130,000 sq.ft. Data Center project. • Trammel Crow proposed Hotel Site (898 Sepulveda Blvd.) Long Range Planning Activity and projects include: • 2008 Housing Element Update. Zoning Text Amendment, Revised Parking Standards. • 2010 U.S. Decennial Census Local Update of Census Addresses (LUCA) Program. • El Segundo Power Plant Rezoning Study. • Update of Smoky Hollow Specific Plan. Many of the projects listed require extensive environmental review along with research which cannot be performed by existing staff. Staff currently utilizes contract environmental consultants to assist in the review in accordance with environmental regulations. The utilization of environmental consultants allows the full time staff to become more efficient and focus their work on the processing the projects in a timely fashion. Goals and Objectives and Recommendations • Goal I. Maintain staffing levels commensurate with the levels needed to provide a high level of service. Action required: Continue hiring of both full time and contract staff to fill the following positions: Building Safety Manager (1) Principal Planner (2) Plan Check Engineer (1) Assistant Planner (1) Building Inspector (1) Contract Planners (2) (2 -4 -08 start date) (recruitment in progress) (1 -25 -08 start date) (recruitment in progress) (to be determined) (varies based on workload) • Goal II. Continue to outsource, as necessary, work to consulting firms through reimbursement agreements paid by the project sponsor for technical work to augment the core staff. Action required: On- going, current policy in place. City has initiated a policy to use consultants on an "as needed" basis. • Goal III. Continue the Expedited Plan Check Program. i ; `l S Action required: On- going, current policy in place. City has initiated a policy to provide expedited plan check program. Goal IV. Prepare an RFP to solicit proposals for Planning, Building Safety and Public Works fees. Action required: Provide adequate full time /contract staffing to conduct the RFP and the contract administration aspect of the program. • Goal V. Continue to focus on customer service efforts and provide training to staff to update the need for training. Action required: Provide necessary customer service training for staff on an as needed base. In order to implement the staffing program staff estimates additional funds totaling $350,000 will be necessary. Therefore staff is requesting an adjustment to the Planning and Building Safety budget for six months in Fiscal Year 2007/2008 to accommodate the increased costs. This estimated cost will be adjusted and reviewed at the Mid -Year Budget review. Recommendation Staff recommends the City Council receive and file Planning and Building Safety goals and objectives; authorize the City Manager to continue the implementation of the Staffing Program; and direct staff to adjust the Planning and Building Safety budget to include staffing the existing full -time positions and the additional contract assistance, as needed. Staff estimates the fiscal impact to be approximately $350,000 for the remainder of FY 2007/2008. It is anticipated that staff would revisit the fiscal impact in detail during the mid- year budget review. PAPlanning & Building Safety\2008 Staff Reports \PBS Staffing Program. C.C. report 2- 6- 08.doc 80 City of ECSegundo INTER - DEPARTMENTAL CORRESPONDENCE TO: Gary Chicots, Director, Planning and Building Safety FROM: Linda Lidster Senior Inspector RE: Annual Permit Issuance counts, Fees collected and Valuation, 2003- 2007 Permits /Plan checks Fees Valuation 2003 3868 $1,587,072 $75,398,376 2004 4021 1,750,203 84,106,111 2005 4009 1,979,843 82,285,806 2006 4306 2,814,610 148,236,933 2007 5395 3,525,384 190,147,682 EL SEGUNDO CITY COUNCIL MEETING DATE: February 6, 2008 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action to authorize a professional service agreement with J.P. Sellens for the purpose of performing duties related to the City's code compliance program (Fiscal Impact: $35,000) RECOMMENDED COUNCIL ACTION: 1) Authorize the City Manager to execute a professional services agreement with J. P. Sellens for a term not to exceed six - months; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The City currently manages citywide code compliance issues through the Building Safety Division on a complaint only basis. Over the past year, code compliance has become a secondary priority within the Planning and Building Department due to staff changeover and an increased workload in that Department. Accordingly, the City is experiencing a backlog of cases. To address that backlog, staff is recommending that the code compliance function be performed on a contract basis through the Planning and Building Safety Department, but working closely with the City Attorney's office. Specifically, staff recommends that the City contract with J.P. Sellens to work 20 -25 hours per week and focus on gaining compliance on the existing file of open cases and future issues as they arise. Staff is recommending this change in the program and the contract arrangement with Mr. Sellens for a period of six - months. (Please see attached page marked "Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: $35,000 Operating Budget: NIA Amount Requested: $35,000 Account Number: 001 -400- 2403 -6214 Project Phase: Appropriation Required: X Yes _ No ORIGIN DATE: anuary , J art, City Manager 14 Background and Discussion (con 10: Mr. Sellens, as the Council is aware, retired in December 2007 after 30 years on the El Segundo Police Department. During his career, he developed significant skills in report writing, research, court liaison duties and, of course, a thorough knowledge of the City — all of which would serve him well in the recommended effort to reenergize the code enforcement program. If approved, the first priority would be a review and familiarization with the backlog of code enforcement issues and a written status report to the City Manager on the progress of each case. Additional cases would be prioritized within the existing caseload based on severity and immediacy of the issue. Staff recommends that Mr. Sellens be compensated at the rate of $45.16 /hour, which is in keeping with the current rate at which former ESPD officers are compensated when performing background investigations for the City on a part-time basis. "11