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2008 JUN 04 - 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
WEDNESDAY, JUNE 4, 2008 - 5:00 P.M.
Next Resolution # 4559
Next Ordinance # 1419
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.
0 1" i
SPECIAL ORDER OF BUSINESS:
1. Consideration and possible action to appoint Interim City Manager Jack Wayt as labor negotiator for
terms and conditions of employment of unrepresented management/confidential employees (City
employees who are not members of bargaining units).
2. Consideration and possible action to appoint Human Resources Director Bob Hyland and Finance
Director Deborah Cullen as labor negotiator for terms and conditions of employment for the El
Segundo Police Manager's Association.
3. Consideration and possible action to appoint Richard Kreisler as labor negotiator for terms and
conditions of employment for the El Segundo Police Officers' Association and El Segundo
Firefighter's Association.
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government
Code Section §54960, gt 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)) -
-1- matters
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): -0- 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): -4- matters
City Negotiators: Interim City Manager Jack Wayt; Human Resources Director Bob Hyland;
Finance Director Deborah Cullen; Richard Kreisler. Employee Organizations: (1) Unrepresented
management/confidential employees (City employees who are not members of bargaining units);
(2) the El Segundo Police Officers' Association; (3) El Segundo Firefighter's Association; and (4)
the El Segundo Police Manager's Association.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter
SPECIAL MATTERS: -0- matter
2 CI u
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, JUNE 4, 2008 - 7:00 P.M.
Next Resolution # 4559
Next Ordinance # 1419
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION —
PLEDGE OF ALLEGIANCE — Council Member Don Brann
3 003
PRESENTATIONS
a. Proclamation to proclaim June as Relay for Life month and designate June 7 and June 8 as
Relay for Life days.
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 (PUBLIC HEARING)
1. Appeal by X- Factor, LP from a Planning Commission decision rendered on February
28, 2008 directing the Planning and Building Safety Director to record a Notice of
Violation (in accordance with Government Code § 66499.36) against real property
located at 711 S. Aviation Boulevard (APN 4138 - 009 -015). X- Factor and the City
mutually agreed to a public hearing date of June 4, 2008. _ (Fiscal Impact_Non�
Recommendation — (1) Open the public hearing; 2) Take testimonial and documentary
evidence; (3) Determine whether to affirm, reverse, or modify the Planning Commission
decision of February 28, 2008 based upon the record and such additional evidence that
may be submitted in accordance with ESMC § 15 -25-4; (4) If the City Council proposes to
reverse or modify the Planning Commission decision, it may request additional information
from the Planning Commission in accordance with ESMC § 15 -25 -5 before taking such
action; (5) Alternatively, discuss and take other action related to this item.
C. UNFINISHED BUSINESS
4 004
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
2. Consideration and possible action regarding the announcement of the appointments
of candidates to the following Committees, Commissions and Boards (CCBs):
Recreation and Parks Commission and Senior Citizens Housing Corporation Board.
Recommendation — (1) Announce the appointments to the CCBs, if any, and the terms of
office; (2) Announce the recruitment continues for positions on remaining CCBs:
Environmental Committee, Planning Commission, Library Board of Trustees and interviews
will be scheduled for June 17, 2008; (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.
3. Warrant Numbers 2565908 to 2566150 on Register No. 16 in the total amount of
$1,787,295.85 and Wire Transfers from 519/2008 through 5/22/2008 in the total amount
of $1,634,544.95
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.
4. Regular City Council Meeting Minutes of May 20, 2008.
Recommendation — Approval.
S. Consideration and possible action regarding the approval of the examination plans
for the Personnel Merit System job classification of Senior Building Inspector. (Fiscal
Impact: None)
Recommendation — (1) Approve the examination plans; (2) Alternatively, discuss and take
other action related to this item.
6. Consideration and possible action regarding: 1) the approval of a change order for
additional painting at the Park Vista Senior Apartments, and 2) acceptance of all
public works activities under Project No. PW 07 -12, which includes painting at the
Park Vista Senior Apartments (615 E. Holly Avenue), the Lakes Golf Course (400 S.
Sepulveda Boulevard) and the El Segundo Police Department (348 Main Street).
(Fiscal Impact: $14,300.00)
Recommendation — (1) Approve Change Order No. 2 in the amount of $14,300.00 for
additional painting at the Park Vista Senior Apartments; (2) Accept all painting work under
this contract as complete; (3) Authorize the City Clerk to file a Notice of Completion in the
County Recorder's Office; (4) Alternatively, discuss and take other action related to this
item.
5
7. Consideration and possible action to waive the formal bidding process and approve a
contract with Tyler Technologies for the purchase of Eden Utility Billing software and
related support services for the Water Division of Public Works. (Fiscal Impact:
$69,095)
Recommendation — (1) Pursuant to El Segundo Municipal Code Section 1 -7 -10, waive the
formal bid process based on a sole source vendor for the purchase of Utility Billing Software
and related support services for the Water Division; (2) Authorize the City Manager to
execute a contract as approved by the City Attorney to purchase Eden Utility Billing
Software and related support services from Tyler Technologies; (3)Alternatively, discuss
and take other action related to this item.
8. Consideration and possible action to approve Amendment No. 2 to a Memorandum of
Understanding (MOU) between the City of El Segundo and the Los Angeles County
Metropolitan Transportation Authority (MTA). The Amendment would change the
scope of work to allow resurfacing the asphalt concrete pavement on Douglas Street
between El Segundo Boulevard and Imperial Highway. Project No. PW 07 -09. (Fiscal
Impact: $478,785 — MTA Grant Revenue of $236,766 and Traffic Mitigation fees
$242,019).
Recommendation — (1) Authorize the Interim City Manager to execute Amendment No. 2 in
a form approved by the City Attorney; (2) Authorize the Interim City Manager to execute all
documents needed to receive the MTA funds, amend the City's budget as appropriate, and
spend the money; (3) Alternatively, discuss and take other action related to this item
9. 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 700 Allied Way, Suite A, EA No 789 and AUP
No. 08 -01. Applicant: The Counter Restaurant c/o Fori and Paula Owurowa. (Fiscal
Impact: None)
Recommendation — (1) Receive and file determination that the City Council does not object
to issuance of a new Type 41 ABC license at 700 Allied Way, Suite A; (2) Alternatively,
discuss and take other action related to this item.
10. Consideration and possible action regarding the approval of the release of retention
to SEMA Corporation in connection with the Douglas Street Gap Closure Project -
Public Works Project No. 05 -06. (Retention Amount: approximately $1,038,067.68).
Recommendation — (1) Release the full retention currently held in an escrow account
(approximately $1,038,067.68) to SEMA Corporation; and (2) Alternatively, discuss and take
other action related to this item.
E
OOG
11. Consideration and possible action to award bid to Media Control Systems for
purchase and installation of a new Cable TV Bulletin and Automation System. (Fiscal
Impact: $39,668.25)
Recommendation: (1) Award bid in the amount of $39,668.25 to Media Control Systems for
a Cable TV Bulletin and Automation System; (2) Authorize the Interim City Manager to
execute a Professional Services Agreement with Media Control Systems, in a form
approved by the City Attorney; (3) 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
I. REPORTS — CITY CLERK
12. Consideration and possible action regarding cancellation of the July 1, 2008 City
Council Meeting.
Recommendation — (1) Approve cancellation of the July 1, 2008 City Council Meeting; (2)
Alternatively, discuss and take other action related to this item.
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fisher —
7 0Ui
Council Member Jacobson -
Council Member Brann -
Mayor Pro Tem Busch -
Mayor McDowell -
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30
minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on
behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to
addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all
comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The
Council will respond to comments after Public Communications is closed.
MEMORIALS -
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government
Code Section §54960, et sue.) for the purposes of conferring with the City's Real Property Negotiator; and /or
conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under
Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE:
TIME: 2.2 O >
NAME: ,LJ m
OU8
n�a�tio� ��tp of �I Seganbo, �:aUfnrnia
rocla
WHEREAS, Cancer is a group of diseases characterized by uncontrolled growth and spread of
abnormal cells which, if not controlled, can result in premature death; and
WHEREAS, cancer is predicted to strike one out every three Americans sometime in our lifetime
with an estimated 142,070 new cases of diagnosed cancer in California in 2008; and
WHEREAS, approximately 53,730 people will die of the disease- about 150 people each hour;
and
WHEREAS, The American Cancer Society is the nation's largest and most respected voluntary
health organization since 1913 and has funded research which has contributed to
every known method for detecting cancer and techniques for treating cancer: thereby
increasing the cancer survival rates from 10% to over 50 %; and
WHEREAS, The American Cancer Society is a voluntary community -based coalition of local
citizens dedicated to eliminating cancer as a major health problem through financial
support and education awareness; and
WHEREAS, the El Segundo RELAY FOR LIFE event financially benefits The American Cancer
Society's research and support programs, and educationally benefits our local
citizens; and
WHEREAS, the El Segundo RELAY FOR LIFE is a community event that allows all participants an
opportunity to network with businesses, associates, family, and friends, with the same
goal of making a difference in the battle against cancer.
NOW, THEREFORE, on this 4th day of June, 2008, the Mayor and Members of the City Council of
the City of El Segundo, California, hereby proclaim the month of June RELAY FOR LIFE month and
designate June 7th 2008 and June 8th 2008 as RELAY FOR LIFE days throughout the City of El
Segundo. We further urge all citizens to recognize and participate in this anti cancer campaign
being held in our community to show support to those individuals living with cancer, and honor those
individuals that have lost their lives to the dreaded disease of cancer.
EL SEGUNDO CITY COUNCIL MEETING DATE: June 4, 2008
AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business
AGENDA DESCRIPTION:
Appeal by X- Factor, LP from a Planning Commission decision rendered on February 28, 2008
directing the Planning and Building Safety Director to record a Notice of Violation (in
accordance with Government Code § 66499.36) against real property located at 711 S.
Aviation Boulevard (APN No. 4138 - 009 -015). X- Factor and the City mutually agreed to a
public hearing date of June 4, 2008. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1) Open the public hearing;
2) Take testimonial and documentary evidence;
3) Determine whether to affirm, reverse, or modify the Planning Commission decision of
February 28, 2008 based upon the record and such additional evidence that may be
submitted in accordance with ESMC § 15 -25-4;
4) If the City Council proposes to reverse or modify the Planning Commission decision, it
may request additional information from the Planning Commission in accordance with
ESMC § 15 -25 -5 before taking such action;
5) Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
This is an appeal by X- Factor, LP from a Planning Commission decision dated February 28,
(continued on next page)
ATTACHED SUPPORTING DOCUMENTS:
1. Planning Commission Staff Report dated December 13, 2007 and Attachments
2. Planning Commission Staff Report dated February 28, 2008 and Attachments
3. Supplemental E -mails and letters submitted by Robert P. Andreani and Richard S.
Hessenius prior to the February 28, 2008 Planning Commission hearing
4. Planning Commission Resolution No. 2629
5. Planning Commission Minutes — December 13, 2007 and February 28, 2008
6. Appeal Application received March 7, 2008
7. E -mail from Robert P. Andreani, representative of X- Factor, L.P., dated May 19, 2008
requesting to postpone the appeal hearing
8. E -mail from Robert P. Andreani with attached letter entitled "Supplemental Memorandum"
from Richard S. Hessenius, representatives of X- Factor, L.P., both dated May 27, 2008
9. Draft City Council Resolution
FISCAL IMPACT: None
Operating Budget:
NIA
Amount Requested:
NIA
Account Number:
NIA
Project Phase:
NIA
ADoropriation Required:_
ORIGINATED BY:
Gary Chicots,
REVIE X:
, Interi
Yes X No
ina and Buildin
anager
DATE:
-5 __ 2
DATE:
P: \Planning & Building Safety \PROJECTS \726- 750\EA- 750\CC 060408 \EA -750 CC.Staff Report.2008.06.04.doc
0 0
1
EL SEGUNDO CITY COUNCIL MEETING DATE: June 4, 2008
BACKGROUND & DISCUSSION Paae 2
2008 and memorialized in Resolution No. 2629 (attached). The Planning Commission
determined that real property at 711 South Aviation Boulevard ( "the Property ") was illegally
subdivided on or about September 26, 1967. In its March 7, 2008 appeal, X- Factor asserts
that the Planning Commission's decision was incorrect for several reasons.
In its written appeal (see attached), X- Factor repeats arguments it made at the February 28,
2008 Planning Commission public hearing. Generally, X- Factor claims that:
• The property owned by X- Factor was subdivided before March 4, 1972 and,
consequently, is not subject to state or local subdivision laws;
• X- Factor purchased its property after March 4, 1972; and
• X- Factor did not have actual or constructive notice of any subdivision violation.
As shown by its adoption of Resolution No. 2629, the Planning Commission found these
arguments unpersuasive.
It is true that the Property was subdivided before March 4, 1972 (the statutory effective date
for the Subdivision Map Act). However, El Segundo Municipal Code ( "ESMC ") § 34.2 was in
effect on September 26, 1967 when the Properties were subdivided. ESMC § 34.2 required
that a record of survey be recorded to divide lots in compliance with the zoning regulations and
minimum lot size. The Planning Commission found that the Property did not comply with this
requirement when it was subdivided.
While the fact that X- Factor purchased its real property after March 4, 1972 may be relevant
with regard to private actions between X- Factor and its title company or previous owner(s), it is
irrelevant as to the ESMC regulations affecting property subdivisions and the Subdivision Map
Act ( "Map Act "). Similarly, X- Factor's actual knowledge of a subdivision violating the Map Act
or ESMC is not relevant to this appeal.
As shown by its adoption of Resolution No. 2629, the Planning Commission believed that X-
Factor had constructive knowledge of the 1967 subdivision. Constructive knowledge is
defined as "knowledge that one using reasonable care or diligence should have, and therefore
that is attributed by law to a given person." Here, Map No. 26557 was recorded with the Los
Angeles County Recorder's Office on August 28, 1961 (see attachment to Resolution No.
2629). It established legal lot lines for three parcels of property. The Map, however, was
never changed even though the Property was divided without City approval in 1967 by a grant
deed.
The documents reflecting these actions are recorded documents that are within the chain of
title. Accordingly, it is reasonable to find that X- Factor knew or should have known about the
1967 subdivision.
While not strictly important for X- Factor's appeal, the City Council should note that staff
worked diligently with the owners of all affected properties to achieve compliance with the
ESMC and Map Act. Specifically, both property owners were advised to obtain a Conditional
Certificate of Compliance ( "CCoC ") in accordance with the Map Act. The owner of 701 South
PAPlanning & Building Safety \PROJECTS \726 - 750 \EA - 750 \CC 060408 \EA -750 CC.Staff Report.2008.06.04.doc
011
EL SEGUNDO CITY COUNCIL MEETING DATE: June 4, 2008
BA KGROUND &DISCUSSION Paae 3
Aviation (555 Aviation Boulevard, Ltd.) submitted all of the documents to obtain a CCoC;
X- Factor has not.
Recommendation
Consequently, staff recommends that the City Council open a public hearing to consider the
Planning Commission's February 28, 2008 decision; if desirable, take testimonial and
documentary evidence; determine whether to affirm, reverse, or modify the Planning
Commission decision; and take such additional, related, action that may be desirable.
Note that the City received a "Supplemental Memorandum" from X- Factor on May 27, 2008.
The 19 page memorandum is included with this staff report. ESMC § 15 -25 -3 states, in part,
that the Planning and Building Safety Director must "transmit to the City Council the letter of
appeal, the application, and all other papers constituting the record upon which the action of
the Planning Commission was taken." The Supplemental Memorandum was not part of X-
Factor's written appeal received on March 7, 2008. Accordingly, it is within the City Council's
discretion whether or not to admit the Supplemental Memorandum into the record at this point
(see ESMC § 15 -25 -4: the City Council can reverse or modify the Planning Commission
decision "on the basis of the record transmitted and such additional evidence as may be
submitted.... ").
PAPlanning & Building Safety\PROJECTS \726 - 750 \EA - 750 \CC 060408\EA -750 CC.Staff Report.2008.06.04.doc 012
CITY OF EL SEGUNDO
PLANNING COMMISSION STAFF REPORT
DATE: December 13, 2007
SUBJECT: Environmental Assessment No. 750 and
Certificate of Compliance No. 07 -01
APPLICANT: City of El Segundo Planning and Building Safety
Department (Notice of Violation)
PROPERTY OWNERS: 555 Aviation Boulevard, Ltd. (Larry Worchell,
Managing Partner)
X- Factor, L.P. (Behrouz Soroudi, Secretary)
REQUEST: Record Notice of Violation of Government Code §
66412.6 (Subdivision Map Act);
PROPERTY INVOLVED: 555 S. Aviation Boulevard (APN 4138 - 009 -004),
701 S. Aviation Boulevard (APN 4138 -009 -016),
711 S. Aviation Boulevard (APN 4138 - 009 -015) and
851 S. Aviation Boulevard (APN 4138 - 009 -009).
I. Introduction
The real property identified as 711 S. Aviation Boulevard (APN No. 4138 - 009 -015)
and 701 S. Aviation Boulevard (APN No. 4138- 009 -016) was legally subdivided into
three lots (lots 31, 32 and 35) by Tract Map No. 26557 recorded on August 28,
1961. A building permit was applied for on July 14, 1967 and issued on September
19, 1967 for a new office building and surface parking on the property located at
701 S. Aviation Boulevard (Lots 1, 2, 3, 4, 30, 31, 32, and 35 of Tract 26557). On or
about September 26, 1967, the real property was divided into two parcels without
approvals under the Subdivision Map Act (Government Code § §66410, et seq.) or
the El Segundo Municipal Code ( "ESMC "). El Segundo Municipal Code § 34.2
(effective in October 1962) defined a lot as "(1) A parcel of real property when
shown as a delineated parcel of land with a number or other designation on a plat
recorded in the office of the county recorder;" and "(2) A parcel of land containing
not less than the prescribed minimum square footage required in the zone in which
it is located, nor more than one acre, the dimensions or boundaries of which are
defined by a record of survey recorded pursuant to law when recorded in the office
of the county recorder and which abuts at least one public street or private
easement determined by the commission to be adequate for purposes of access
013
from a street..." Further, ESMC § 34.110 allowed the division of lots or parcels
containing more than two times the minimum required lot area into a maximum of
four lots with requirements for direct access to a public street or with approval by the
planning commission and the city council for divided parcels with access by an
easement. Consequently it appears that the subdivision violates Government Code
§ 66412.6 since no record of survey was recorded in compliance with the zoning
regulations and minimum lot size for the reconfiguration of Lots 31, 32 and 35 of
Tract 26557 into two lots on or about September 26, 1967. Notification by certified
mail of this violation was provided to the property owners on October 15, 2007.
The owners may present evidence that there has been no violation at or before the
public hearing. If however, after the owner has presented evidence, the Planning
Commission determines that the property has in fact been illegally divided the
Planning Commission must approve the recorded notice of violation with the County
Recorder. The notice of violation, when recorded, constitutes actual notice to the
existing property owners and constructive notice to all subsequent owners regarding
such property.
Related to the notice of violation, the City received two applications for off -site
parking covenants and permanent off -site parking in excess of ten spaces to satisfy
the El Segundo Municipal Code parking requirements for the office /manufacturing
buildings located at 555 S. Aviation Boulevard and 701 S. Aviation Boulevard
respectively. The requests for approval of off -site parking covenants are to provide
parking for the existing 256,654 square -foot building at 555 S. Aviation Boulevard
and the 323,136 square -foot building at 701 S. Aviation Boulevard. The two
applications also included termination agreements for off -site parking covenants
that were improperly recorded with signatures of the tenant rather than the property
owner. The project is located in the Light Industrial (M -1) Zone. El Segundo
Municipal Code §15 -15 -8 requires that the Planning Commission approve all off -site
parking for ten or more parking spaces.
II. Recommendation
Staff recommends that the Planning Commission open the public hearing, take
testimonial and documentary evidence, review the facts and findings related to
Environmental Assessment EA No. 750, Miscellaneous No. 07 -01; and, either direct
the Planning and Building Safety Director to record a notice of violation in
accordance with Government Code § 66499.36 or continue the matter to a date
certain not to exceed two months to allow the property owners additional time to
submit and process the necessary documents including a certificate of compliance.
Additionally, staff recommends approving the termination of the existing off -site
parking covenants, approving the proposed off -site parking covenants subject to
verification of the adequacy of the number of parking spaces being provided by
each respective property owner for the buildings at 555 S. Aviation Boulevard and
701 S. Aviation Boulevard, and providing authority to the Director of Planning and
2
014
Building Safety to adjust the number of off -site spaces allowed based upon the
proposed remodeling and reconfiguration of uses within each respective building.
III. Background
On March 20, 2007, Tim Kelly of J.C. Chang and Associates submitted a Certificate
of Compliance application, parking covenant requests, and a series of materials
relating to these requests in an effort to resolve the illegal subdivision and parking
compliance issues for the two properties and to be able to proceed with plans to
remodel the building on behalf of their client, Xerox Corporation who is the tenant in
both the 555 S. Aviation Boulevard building and the 711 S. Aviation Boulevard
building. However, the parking covenants and the subdivision violation issues can
only be resolved by the two affected property owners, X- Factor and 555 S. Aviation,
Ltd. Since the City received the application materials, Planning staff has met and /or
spoken with all affected parties (tenant, two property owners and their
representatives) on multiple occasions in an effort to resolve this matter. Planning
staff has determined that the parcels as deeded to separate property owners and
currently configured can meet the subdivision requirements and the processing and
approval of a Certificate of Compliance is feasible to make both parcels legally
compliant with current ESMC requirements for subdivisions and development
standards. The standards that have to be met include minimum lot size, minimum
lot frontage, access to a public right -of -way, and compliance with all development
standards including but not limited to setbacks, lot coverage, and parking for the
existing facilities on site.
Parking Covenants
Off -site parking spaces in excess of ten spaces require approval of the Planning
Commission. The proposed off -site parking agreements in combination with the on-
site parking will ensure that the property is in compliance with the parking
requirements of the ESMC.
The existing 256,654 square -foot building at 555 Aviation Boulevard was originally
constructed beginning in 1966 and completed in 1968 as a combination
manufacturing and office building. There are 85 parking spaces on -site where 325
spaces were required when the permit was issued on January 24, 1966. The
number of spaces provided as stated on the building permit was 712 spaces
including off -site parking at 701 S. Aviation Blvd. (Lot 35 of Tract 26557). The
number of spaces required today will have to be verified with detailed floor plans
submitted based upon the proposed uses as the tenant Xerox Corporation is
requesting tenant improvements and the parking rates are broken down by use (e.g.
1 space for each 300 square feet of floor area used for offices, 1 space for each
500 square feet for the first 50,000 square feet of floor area and 1 space for each
1,000 square feet for the area in excess of 50,000 square feet for manufacturing
and research and development uses, etc.). There is an existing covenant and
3
agreement (Instrument No. 01 0204706) for off -site parking for 501 spaces which
was incorrectly recorded on February 7, 2001 with the tenant's signature rather than
the property owner allocating parking from 701 S. Aviation Boulevard and 711 S.
Aviation Boulevard to 555 S. Aviation Boulevard. The existing covenant would be
terminated and is proposed to be replaced with a new covenant that would allocate
396 parking spaces from 701 S. Aviation Boulevard to be used to meet parking
requirements for the building at 555 S. Aviation Boulevard. The covenant and
agreement will run with the leasehold interest of the tenant which is currently the
Xerox Corporation. Currently, the tenant Xerox Corporation has submitted plans to
the City to reconfigure the space within the existing building. The number of
proposed on -site and off -site parking spaces will have to be verified for compliance
with the minimum number required based upon the proposed reconfiguration of
uses within the existing building.
Further, the existing 323,136 square -foot building at 701 S. Aviation Boulevard was
originally constructed in 1967 as an office building for Scientific Data Systems. The
number of parking spaces required on site for the office building was 802 spaces
when the permit was applied for on July 14, 1967 and issued on September 19,
1967. The number of spaces provided as stated on the building permit was over
900 parking spaces. The number of spaces required today would have to be
verified with detailed floor plans submitted based upon the proposed uses as the
tenant Xerox Corporation is requesting tenant improvements and the parking rates
are broken down by use (e.g. 1 space for each 300 square feet of floor area used
for offices, 1 space for each 500 square feet for the first 50,000 square feet of floor
area and 1 space for each 1,000 square feet for the area in excess of 50,000
square feet for manufacturing and research and development uses, etc.). There is
an existing covenant and agreement (Instrument No. 01 204705) for off -site parking
for 452 parking spaces which was incorrectly recorded on February 7, 2001 with the
tenant's signature rather than the property owner allocating parking from 855 S.
Aviation Boulevard to 711 S. Aviation Boulevard.
The existing covenant would be terminated and is proposed to be replaced with a
new covenant that would allocate 490 parking spaces from 855 S. Aviation
Boulevard to be used to meet parking requirements for the building at 701 and 711
S. Aviation Boulevard. The covenant and agreement will run with the leasehold
interest of the tenant which is currently the Xerox Corporation. Currently, the tenant
Xerox Corporation has submitted plans to the City to reconfigure the space within
the existing building. The number of proposed on -site and off -site parking spaces
will have to be verified for compliance with the minimum number required based
upon the proposed reconfiguration of uses within the existing building.
Subdivision Violation
The real property identified as 711 S. Aviation Boulevard (APN No. 4138 - 009 -015)
and 701 S. Aviation Boulevard (APN No. 4138- 009 -016) was legally subdivided into
three lots (lots 31, 32 and 35) by Tract Map No. 26557 recorded on August 28,
4
uiG
1961. A building permit was applied for on July 14, 1967 and issued on September
19, 1967 for a new office building and surface parking on the property located at
701 S. Aviation Boulevard (Lots 1, 2, 3, 4, 30, 31, 32, and 35 of Tract 26557). On or
about September 26, 1967, the real property was divided into two parcels without
approvals under the Subdivision Map Act (Government Code § §66410, et seq.) or
the El Segundo Municipal Code ( "ESMC "). The two "parcels" that were granted by
deed are 701 S. Aviation Boulevard (a portion on Lot 32 and a Portion of Lot 35 of
Tract 26557; APN No. 4138 - 009 -016) and 711 S. Aviation Boulevard (Lot 31, and a
portion of Lot 32 and a portion of Lot 35 of Tract 26557; APN No. 4138 - 009 -015).
El Segundo Municipal Code § 34.2 (effective in October 1962) defined a lot as "(1)
A parcel of real property when shown as a delineated parcel of land with a number
or other designation on a plat recorded in the office of the county recorder;" and "(2)
A parcel of land containing not less than the prescribed minimum square footage
required in the zone in which it is located, nor more than one acre, the dimensions
or boundaries of which are defined by a record of survey recorded pursuant to law
when recorded in the office of the county recorder and which abuts at least one
public street or private easement determined by the commission to be adequate for
purposes of access from a street..." Further, ESMC § 34.110 allowed the division
of lots or parcels containing more than two times the minimum required lot area into
a maximum of four lots with requirements for direct access to a public street or with
approval by the planning commission and the city council for divided parcels with
access by an easement. Consequently it appears that the subdivision violates
Government Code § 66412.6 since no record of survey was recorded in compliance
with the zoning regulations and minimum lot size for the reconfiguration of Lots 31,
32 and 35 of Tract 26557 into two lots on or about September 26, 1967.
Notification by certified mail of this violation was provided to the property owners on
October 15, 2007. The letter also notified the property owners of the public hearing
before the Planning Commission to be held on December 13, 2007 in compliance
with Government Code § 66499.36 which requires that a hearing be held no sooner
than 30 days and no later than 60 days from the date of the mailing of the notice of
violation. No letters from the property owners contesting the violation were received
within 15 days of the date of the notice. The City received a Certificate of
Compliance dated August 13, 2007 and signed by 555 Aviation Boulevard, Ltd., one
of the property owners who owns a portion of 701 S. Aviation Boulevard. No
Certificate of Compliance has been received to date by X- Factor, the other property
owner who owns a portion of 701 S. Aviation Boulevard.
The owners may present evidence that there has been no violation at or before the
public hearing. If however, after the owner has presented evidence, the Planning
Commission determines that the property has in fact been illegally divided, the
Planning Commission should direct that the Director record the notice of violation
with the County Recorder. The notice of violation, when recorded, constitutes
actual and constructive notice of the violation to all successors in interest in such
property.
5
Pursuant to §66499.36 of the California Government Code (Subdivision Map Act)
the property owners had to respond in writing with any objection within 15 -days of
receipt of the City's letter dated October 15, 2007 which served as notice of the
violation. The letters informed the property owners that a Certificate of Compliance
must be filed to remedy the violation. No building permits or other permits relating
to construction activity, no business licenses or certificates of occupancy will be
issued until the violation is remedied pursuant to all the requirements of the
California Government Code and the El Segundo Municipal Code.
Further, the City received a letter on December 5, 2007, from Robert Andreani, the
attorney representing X- Factor, who is requesting a six month continuance to allow
additional time to resolve this matter.
IV. Conclusion
Planning staff recommends that the Planning Commission open the public hearing,
take testimonial and documentary evidence, review the facts and findings related to
Environmental Assessment EA No. 750, Miscellaneous No. 07 -01; and, either direct
the Planning and Building Safety Director to record a notice of violation in
accordance with Government Code § 66499.36 or continue the matter to a date
certain not to exceed two months to allow the property owners additional time to
submit and process the necessary documents including a certificate of compliance
and a survey, while ensuring diligent progress to resolve the subdivision violation.
The Certificate of Compliance application is incomplete as one of the property
owners, X- Factor, L.P. has not signed the Certificate of Compliance submitted to the
City. Additional items are still outstanding as well to complete the processing of the
Certificate of Compliances, parking covenants and termination agreements that
include filing fees by X- Factor, L.P., a letter of authorization from X- Factor, L.P.
allowing Xerox Corporation or their representative J.C. Chang and Associates to act
on their behalf regarding the processing of the applications for 701 S. Aviation
Boulevard, Exhibit A to the termination agreement for 701 S. Aviation Boulevard (X-
Factor, L.P.), both new parking covenants must be signed by the property owners,
and legal documentation showing authorization for Larry Worchell to act on behalf
of 555 Aviation Boulevard, LTD. and Behrouz Soroudi to act on behalf of X- Factor,
L.P. A lot line adjustment would be required once the Certificate of Compliance is
complete for processing to legalize the parcels.
Additionally, staff recommends approving the termination of the existing off -site
parking covenants, approving the proposed off -site parking covenants subject to
verification of the adequacy of the number of parking spaces being provided by
each respective property owner for the buildings at 555 S. Aviation Boulevard and
701 S. Aviation Boulevard, and providing authority to the Director of Planning and
6 f ., 1 b
Building Safety to adjust the number of off -site spaces allowed based upon the
proposed remodeling and reconfiguration of uses within each respective building.
V. Exhibits
A. ESMC §§ 34.2 and 34.110
B. Government Code §§ 66412.6 and 66499.30 through 66499.36
C. Letters of Notification Regarding Subdivision Violation dated October 15,
2007 to 555 Aviation Boulevard, LTD. and X- Factor, L.P.
D. Incomplete Letters dated November 21, 2007 to X- Factor, L.P. and 555
Aviation Boulevard, LTD. regarding processing of Certificates of Compliance
and Parking Covenants
E. Site Plan and Parking Plan of Properties Involved
F. Assessor Maps of Properties Involved
G. Original Building Permits for 555 S. Aviation Boulevard and 711 S. Aviation
Boulevard
H. Chart of Ownership History
I. Grant Deeds for 701/711 S. Aviation Boulevard and 555 S. Aviation
Boulevard
J. Parking Covenant dated December 20, 2000 and recorded February 7, 2001
(Instrument No. 01 0204706) using off -site parking at 701 S. Aviation
Boulevard for 555 S. Aviation Boulevard
K. Parking Covenant dated December 20, 2000 and recorded February 7, 2001
(Instrument No. 01 0204705) using off -site parking at 855 S. Aviation
Boulevard for 711 S. Aviation Boulevard
L. Prior Parking Covenant dated July 26, 1989 and recorded October 12, 1989
using off -site parking for use by both 701 S. Aviation Boulevard and 555 S.
Aviation Boulevard
M. Two Termination Agreements for Parking Covenants by Larry Worchell,
Managing Partner of 555 Aviation Boulevard, LTD. dated August 13, 2007,
and by Behrouz Soroudi, Secretary of X- Factor, L.P. dated October 22, 2007
N. New Parking Covenant dated May 29, 2007, for 396 off -site parking spaces
at 701 S. Aviation Boulevard (APN 4138 - 009 -016) to be used for 555 S.
Aviation Boulevard
O. New Parking Covenant dated October 2, 2007, for 490 off -site parking
spaces at 851 S. Aviation Boulevard (APN 4138- 009 -009) to be used for 711
S. Aviation Boulevard
P. Certificate of Compliance signed by Larry Worchell, Managing Partner of 555
Aviation Boulevard, LTD. dated August 13, 2007
Q. Letter of Authorization from Larry Worchell dated May 31, 2007 for Xerox
Corporation or their representatives to act on behalf of Larry Worchell
R. Letter requesting 6 -month continuance from Robert Andreani, representative
of X- Factor, L.P. dated December 5, 2007
Prepared By: Kimberly Christensen, AICP, Planning Manager
� U19
i
Kimberly Chi tensen, AICP, Planning Manager
Department o tanning & Building Safety
zz L�Z
Gary Chico , Director
Planning and Building Safety Department
PAPlanning & Building SafeWROJECTS\726- 750 \EA - 750 \EA- 750.SR2007.12.13.doc
RESOLUTION NO. 2629
A RESOLUTION DIRECTING THE PLANNING AND BUILDING SAFETY
DIRECTOR TO RECORD A NOTICE OF VIOLATION REGARDING REAL
PROPERTY LOCATED AT 701 S. AVIATION BOULEVARD (A PORTION
OF LOT 32 AND A PORTION OF LOT 35 OF TRACT 26557; APN NO.
4138 - 009 -016) AND 711 S. AVIATION BOULEVARD (LOT 31, A PORTION
OF LOT 32 AND A PORTION OF LOT 35 OF TRACT 26557; APN NO.
4138 - 009 -015) IN ACCORDANCE WITH GOVERNMENT CODE §§ 66410,
ET SEQ.
The Planning Commission of the City of El Segundo does resolve as follows:
SECTION 1: Findings. Based upon testimonial and documentary evidence presented
during a public hearing held on December 13, 2007, the Planning Commission finds as
follows:
A. On or about March 20, 2007, the City received an application relating to real
property located at 701 South Aviation Boulevard (a portion on Lot 32 and a
portion of Lot 35 of Tract 26557; APN No. 4138 - 009 -016) and 711 South
Aviation Boulevard (Lot 31, and a portion of Lot 32 and a portion of Lot 35 of
Tract 26557; APN No. 4138 - 009 -015). This Resolution generally and
collectively refers to this real property as the "Property."
B. During the course of reviewing the application for completeness, City staff
researched the land use history of the Property including, without limitation,
how the Property was subdivided.
C. By Map No. 26557, recorded August 28, 1961, the Property was legally
subdivided into three lots. A graphical depiction of Map No. 26557, showing
the three legal Lots 31, 32 and 35, is attached as Exhibit "A," and
incorporated by reference (the "Map ").
D. The Property is improved with a 256,654 square -foot office and industrial
building which was constructed in accordance with a building permit issued on
September 19, 1967.
E. By grant deed recorded on or about September 26, 1967, the Property was
divided into two parcels (1967 Subdivision "). This division is identified on the
Map as the "Deed Line."
F. El Segundo Municipal Code § 34.2, in effect at the time of the 1967
Subdivision (the "Old ESMC "), defined a lot as:
"A parcel of real property when shown as a delineated parcel of land
with a number or other designation on a plat recorded in the office of
the county recorder;" and f +2
A
2. "A parcel of land containing not less than the prescribed minimum
square footage required in the zone in which it is located, nor more
than one acre, the dimensions or boundaries of which are defined by a
record of survey recorded pursuant to law when recorded in the office
of the county recorder and which abuts at least one public street or
private easement determined by the commission to be adequate for
purposes of access from a street."
G. Old ESMC § 34.110 allowed subdivision of lots or parcels containing more
than two times the minimum required lot area into a maximum of four lots with
requirements for direct access to a public street or with approval by the
planning commission and the city council for divided parcels with access by
an easement.
H. There are no records evidencing that the 1967 Subdivision was approved by
the City in accordance with applicable law.
There are no records evidencing that the 1967 Subdivision was properly
surveyed, complied with the Old ESMC, or otherwise met the requirements of
applicable law as to zoning, minimum lot size, or subdivisions.
J. On October 15, 2007, the City provided notice in accordance with
Government Code § 66499.36 to the Property's owners regarding the City's
intent to record a notice of violation ( "NOV ") against the Property. Among
other things, the letter notified the Property's owners that the Planning
Commission would consider this matter at a public hearing on December 13,
2007.
K. By letter dated December 5, 2007, one of the Property's owners requested a
60 -day extension to resolve the apparent subdivision violation.
SECTION 2: Violation of Government Code §66412.6. The Planning Commission finds that
the Property violates Government Code §§ 66410, et seq., specifically Government Code §
66412.6, and the ESMC for the following reasons:
A. The Property was improperly subdivided from three parcels into two parcels
by grant deed recorded on or about September 26, 1967. No record of
survey was recorded in compliance with the City's local regulations including,
without limitation, the Old ESMC §§ 34.2 and 34.110, to allow a subdivision of
Lots 31, 32 and 35 on the Map.
B. The City did not approve a lot line adjustment, certificate of compliance or
conditional certificate of compliance for creating any lot on the Property before
March 4, 1972 other than the subdivision approved by the Map.
SECTION 3: Recording of NOV, Release. The Planning and Building Safety Director, or
designee, is directed to record a NOV against the Property in accordance with this
7 �����
Resolution and Government Code § 66499.36. The NOV constitutes actual notice to the
current owner and constructive notice of the violation to all subsequent owners for the
Property. Should the City issue a certificate of compliance regarding the Property, approve
a lot line adjustment, or grant additional approvals in accordance with the Subdivision Map
Act and other applicable law affecting the Property, then the Planning and Building Safety
Director, or designee, is authorized to release the NOV.
SECTION 4: This Resolution will remain effective unless superseded by a subsequent
resolution.
SECTION 5: The Commission Secretary is directed to mail a copy of this Resolution to the
Property's owners and to any other person requesting a copy.
SECTION 6: This Resolution may be appealed within ten (10) calendar days after its
adoption. All appeals must be in writing and filed with the City Clerk within this time period.
Failure to file a timely written appeal will constitute a waiver of any right of appeal.
SECTION 7: Except as provided in Section 7, this Resolution is the Commission's final
decision and will become effective immediately upon adoption.
PASSED, APPROVED AND ADOPTED this 13th day of December 2007.
ATTEST:
Gary Chicots, Secretary
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
IN
Cheryl Frick, Chairperson
City of El Segundo Planning Commission
Karl H. Berger, Assistant City Attorney
Fellhauer
Fuentes
Rotolo
Wagner
Frick
PAPlanning & Building SafeWROJECTS\ 726- 750\EA- 750\1=A- 750.PCreso.2007.12.13.doc
23
Assessor Map
County of Los Angoles: Ride Averbach, Assessor
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ZONING REGULATIONS
OF THE
CITY OF EL SEGUNDO
CALIFORNIA
Reprinted from
EL SEGUNDO CITY CODE
MICHIE CITY PUBLICATIONS COMPANY OF LOB ANGELES
LOS ANGELES, CALIFORNIA
1968
CYYIRIT A
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§ 34.2 ZONING § 34.2
or
Kitchen. "Kitchen" means any room or portion of room used or in-
n-
tended or designed to be used for cooking or the preparation of food.
'e-
Lodginghouse. "Lodginghouse" means the same as boardinghouse,
ss.
except no meals shall be provided.
le,
Lot. "Lot" means: (1) A parcel of real property when shown as a
,y
delineated parcel of land with a number or other designation on a
plat recorded in the office of the county recorder;
Ig
(2) A parcel of land containing not less than the prescribed mini -
.al
mum square footage required in the zone in which it is located, nor
to
more than one acre, the dimensions or boundaries of which are defined
-21
by a record of survey recorded pursuant to law when recorded in the
us
office of the county recorder and which abuts at least one public street
of
or private easement determined by the commission to be adequate for
purposes of access from a street; and provided futher, that before
,y
building improvements are erected upon such lot the private easement
A-
right of way, if established subsequent to February 22, 1947, shall be
to
improved to a standard not less than that defined by the city's specifi-
al
cations for a local street, and shall be inspected and approved by the
r
street superintendent; or,
e-
(3) A parcel of real property not delineated as in (1) or (2 )
above and containing not less than the prescribed minimum square
h-
footage required in the zone in which it is located, nor more than
id
one acre, and which abuts at least one public street or a private ease -
id
ment determined by the commission to be adequate for purposes of
access from a street; and provided futher, that before building im-
re
provements are erected upon such lot the private easement right of
)r
way, if established subsequent to February 22, 1947, shall be im-
proved to a standard not less than that defined by the city's specifi-
cations for a local street, and shall be inspected and approved by the
3-
street superintendent.
C_
Lot area. "Lot area" means the total horizontal area within the
boundary lines of a lot.
d
Lot, corner. "Corner lot" means a lot situated at the intersection of
is
two or more streets, which streets have an angle of intersection of not
>r
more than one hundred and twenty -eight degrees. (Plate 1)
Lot depth. "Lot depth" means the horizontal length of a straight
)r
line drawn from the midpoint of the lot front line and at right angles
ie
to such line, connecting with a line intersecting the midpoint of the
>r
lot rear line and parallel to the lot front line. In the case of a lot having
d
a curved front line the lot front line, for purposes of this section, shall
be deemed to be a line tangent to the curve and parallel to a straight
343
12 Supp. 10 -62
!)2
t„ 34.109 EL SEGUNDO CITY CODr. 34.110
j Sec. 34.109. Substandard lots.
When a lot has less than the minimum required area or width as
set forth in any of the zones contained herein or in a precise plan and
was of record on February 22, 1947, such lot shall be deemed to have
complied with the minimum required lot area or width as set forth
in any such zone or precise plan. The lot area per dwelling unit,
however, shall remain as specified in the applicable area district,
except that in no instance shall this provision prevent the erection of
a single - family dwelling on any substandard lot. (Ord. No. 507,
7!57, § 1522.)
Sec. 34.110. Division of lots or parcels containing more than
minimum required lot area.
(a) When a lot contains substantially two or more times the mini-
mum lot area required for the zone in which it is located and the
owner desires to use each unit of area equivalent to the minimum lot
area as a separate building site so long as not more than four such
units result, and if no dedication of streets, alleys or public ways
tJ are involved and the resultant division does not create a key lot which
did not already exist, such units may be divided in accordance with
sections 34.17, 34.26 or 34.35 of this chapter. When such units
are thus defined, then all of the provisions of this chapter governing
th use of a lot in the zone in which such property is located shall apply
to each resulting unit.
(b) When a lot, in area as described in paragraph (a) above,
division of which created a key lot, or where no direct access to an
existing public dedicated street is possible, then such division shall
be done in accordance with section 28.48 of this Code and shall be
approved by the planning commission and the city council as to
adequacy and shall be recorded as permanent easement in the office
of the county recorder. Where, because of size, shape or topography,
access is provided by means of an extension of a lot, such extension
having less than the prescribed minimum lot width fronting upon
a public street, it shall be considered as conforming to the lot width
requirements of this chapter; provided, the width of the main portion
of the lot shall have not less than the required minimum lot width.
(c) When a lot is divided in accordance with (b) of this section
and any of the lots so formed have access to a dedicated street only
through an easement of an extension of the lot or lots, the use
shall be restricted to a single dwelling unit on each lot formed which
400
Supp. 10-62
xt . •/I
;_a .. -_. .. i - _sya- P.-"•cs- 'mss= ':^`;��"i.';^Q"Arbc i.r
ny 66412.2. EWempt units construction, financing and leasing of specified
of
This division shall not apply to the construction, financing, or leasing of dwelling units
of pursuant to Section 65852.1 or second units pursuant to Section 65852.2, but this
O, division shall be applicable to the sale or transfer, but not leasing, of those units.
[Added, Chapter 1013, Statutes of 1983]
al 66412.3. Local agency to consider housing needs of region
In carrying out the provisions of this division, each local agency shall consider the effect
of ordinances and actions adopted pursuant to this division on the housing needs of the
n region in which the local jurisdiction is situated and balance these needs against the
s public service needs of its residents and available fiscal and environmental resources.
r [Amended, Chapter 1013, Statutes of 19831
66412.8. Act not applicable to small, removable commercial buildings
When so provided by local ordinance, this division shall be inapplicable to subdivisions
of four parcels or less for construction of removable commercial buildings having a
floor area of less than 100 square feet.
[Added, Chapter 412, Statutes of 1977]
66412.6. Lawful parcels created before 3/4172
(a) For purposes of this division or of a local ordinance enacted pursuant thereto, any
parcel created prior to March 4, 1972, shall be conclusively presumed to have been
lawfully created if the parcel resulted from a division of land in which fewer than
five parcels were created and if at the time of the creation of the parcel, there was
no local ordinance in effect which regulated divisions of land creating fewer than
five parcels.
(b) For purposes of this division or of a local ordinance enacted pursuant thereto, any
parcel created prior to March 4 1972, shall be conclusively presumed to have been
lawfully created if any subsequent purchaser acquired that parcel for valuable
consideration without actual or constructive knowledge of a violation of this
division or the local ordinance. Owners of parcels or units of land affected by the
provisions of this subdivision shall be required to obtain a certificate of compliance
or a conditional certificate of compliance pursuant to Section 66499.35 prior to
obtaining a permit or other grant of approval for development of the parcel or unit
of land. For purposes of determining whether the parcel or unit of land complies
with the provisions of this division and of local ordinances enacted pursuant thereto,
as required pursuant to subdivision (a) of Section 66499.35, the presumption
declared in this subdivision shall not be operative.
(c) This section shall become operative January 1, 1995.
[Added, Chapter 500, Statutes of 1993]
66412.7. Date of establishment for subdivisions
A subdivision shall be deemed established for purposes of subdivision (d) of Section
66499.30 and any other provision of this division on the date of recordation of the final
map or parcel map, except that in the case of (1) maps filed for approval prior to March
4, 1972, and subsequently approved by the local agency or (2) subdivisions exempted
from map requirements by a certificate of exception (or the equivalent) applied for prior
7
(!2�]
TV
EXHIBIT B
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e�u
:for once u
o given by
Chapter 7. Enforcement and Judicial Review
f there is no
the county;
iu city, dbn
Article 1^ Prohibition and Penalty
iwithin the
i,ydocipa}
66499.30. No sale or lease until final maps are in full compliance
the pehdno
(u) No person obuil meU, lcuoe, or fiuooue any parcel or parcels of real property or
�petition at
commence construction of any building for sale, lease orfinancing thereon, except
(pirmiouof
for model homes, or allow occupancy thereof, for which a final map is required by
mmb,8obuJl
this division or local ordinance, until the final map thereof in full compliance with
this division and any local ordinance has been filed for record hythe recorder ofthe
county iu which any portion of the subdivision ixlocated.
(b) No person shall sell, o�, lease or finance any pu/ool or parcels of real property or
to hear the
commence construction of any building for sale, }cuuc or financing dbec000, except
yuviduuoo
for moode}bonucn.oraJlovv occupancy db�eo�for wb�bupmcelnoupiurcgu�edby
`bdo of the
this division or local ordinance, until the parcel map thereof in full compliance with
�hrro is no
this division and any local ordinance has been filed for record by the recorder of the
xcbude the
county bo which any portion of the subdivision is loc�ed.
,r vacation
(c) Conveyances of any ymz of division of real property for which u fiou1 or parcel
map is required by this division or local ordinance shall not be made by parcel or
block number, initial or other designation, unless and until the fiou1 or parcel map
/toriul, the
has been filed for record by the recorder of the county in which any portion of the
such time
subdivision is located.
(d) Subdivisions (u). (h). and (c) do not apply to any parcel or parcels of subdivision
offered for sale or \euoe, contracted for sale orlease, ur sold or leased iu compliance
with or exempt from any }mn (including u local ordinance), regulating the design
rdod nouP
and improvement of subdivisions in effect at the time the subdivision was
oy public
established.
(c) Nothing contained in auhdb/iuiooa (u) and (b) shall be dconocd to prohibit an offer
or contract to ocO, leuno, or fiuuuoe o:ul property or to construct improvements
)yorg/ or
thereon where the sale, lease, or financing, or the commencement of construction, is
- shall be
expressly conditioned upon the uppn»vuJ and filing of final subdivision ouup or
.oyerty is
parcel map, as required under this division.
'd nnup u
(D Nothing in subdivisions (u) to (e), iou}uoive, shall in any vvuy modify or affect the
vacated,
provisions of Section ll0l82of the Business and Professions Code.
(g) For purposes of this section, the limitation period for commencing mu action, either
civil or criminal, against the subdivider or an owner of record at the time of u
violation of this division or of ubmoJ ordbomuuc enacted pursuant to this divioinu,
iew coup
shall be tolled for any time period during which there is no constructive notice of
der who
the transaction constituting the violation, because the owner of record, at the time of
/ewonuP
the violation or at any time tbereaftcz, failed to record udced. lcuoe, or financing
ufficioot
document with the county recorder.
[/\coeoded, Chapter 79y. Statutes ofly87]
�
127
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66499.31. Violations, penalties
Each violation of this division by a person who is the subdivider or an owner of record,
at the time of the violation, of property involved in the violation shall be punishable by
imprisonment in the county jail not exceeding one year or in the state prison, by a fine 664
not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment. j
Every other violation of this division is a misdemeanor.
[Repealed and Added, Chapter 799, Statutes of 1987]
Article 2. Remedies
66499.32. Conveyance voidable by grantee
(a) Any deed of conveyance, sale or contract to sell real property which has been
divided, or which has resulted from a division, in violation of the provisions of this
division, or of the provisions of local ordinances enacted pursuant to this division, is
voidable at the sole option of the grantee, buyer or person contracting to purchase,
his heirs, personal representative, or trustee in insolvency or bankruptcy within one
year after the date of discovery of the violation of the provisions of this division or
of local ordinances enacted pursuant to the provisions of this division, but the deed
of conveyance, sale or contract to sell is binding upon any successor in interest of
the grantee, buyer or person contracting to purchase, other than those above
enumerated, and upon the grantor, vendor, or person contracting to sell, or his
assignee, heir or devisee.
(b) Any grantee, or his successor in interest, of real property which has been divided, or
which has resulted from a division, in violation of the provisions of this division or
of local ordinances enacted pursuant thereto, may, within one year of the date of
discovery of such violation, bring an action in the superior court to recover any
damages he has suffered by reason of such division of property. The action may be
brought against the person who divided the property in violation of the provisions
of this division or of local ordinances enacted pursuant thereto and against any
successors in interest who have actual or constructive knowledge of such division
of property.
The provisions of this section shall not apply to the conveyance of any parcel of real
property identified in a certificate of compliance filed pursuant to Section 66499.35
or identified in a recorded final map or parcel map, from and after the date of
recording.
The provisions of this section shall not limit or affect in any way the rights of a
grantee or his successor in interest under any other provision of law.
[Amended, Chapter 24, Statutes of 1975]
66499.33. Other legal action not barred
This division does not bar any legal, equitable or summary remedy to which any
aggrieved local agency or other public agency, or any person, firm, or corporation may
otherwise be entitled, and any such local agency or other public agency, or such person,
firm, or corporation may file a suit in the superior court of the county in which any real
property attempted to be subdivided or sold, leased, or financed in violation of this
division or local ordinance enacted pursuant thereto is located, to restrain or enjoin any
128
(!3 1
6649
(Amended, Chapter 864, Statutes of 1984]
Which any
ition may 66499.35. Certificate of compliance states compliance with Map Act;
conditional certificates of compliance; recorded maps
h person, constitute a certificate of compliance; certificate inclusions
i any real
f (a) Any person owning real property or a vendee of that person pursuant to a contract
n of this
tjo any of sale of the real property may request, and a local agency shall determine, whether
the real property complies with the provisions of this division and of local
129
attempted or proposed subdivision or sale, lease, or financing in violation of this
division or local ordinance enacted pursuant thereto.
owner of record,
,e punishable by
(Amended, Chapter 87, Statutes of 19821
)rison, by a fine
66499.34. Local agency withholding of permits and approval; certificates
I imprisonment.
of compliance
No local agency shall issue any permit or grant any approval necessary to develop any
real property which has been divided, or which has resulted from a division, in violation
of the provisions of this division or of the provisions of local ordinances enacted
pursuant to this division if it finds that development of such real property is contrary to
the public health or the public safety. The authority to deny such a permit or such
approval shall apply whether the applicant therefor was the owner of record at the time
hich has been
of such violation or whether the applicant therefor is either the current owner of record
visions of this
or a vendee of the current owner of record pursuant to a contract of sale of the real
his division, is
property with, or without, actual or constructive knowledge of the violation at the time
g to purchase,
of the acquisition of his or her interest in such real property.
tcy within one
If a city or a county issues a permit or grants approval for the development of any such
its division or
real property, it may impose only those conditions that would have been applicable to
but the deed
the division of the property at the time the applicant acquired his or her interest in such
in interest of
real property, and which has been established at such time by this division or local
those above
ordinance enacted pursuant thereto, except that where the applicant was the owner of
sell, or his
record at the time of the initial violation of the provisions of this division or of local
ordinances enacted pursuant thereto who, by a grant of the real property created a parcel
to divided, or
or parcels in violation of this division or local ordinances enacted pursuant thereto, and
s division or
such person is the current owner of record of one or more of the parcels which were
f the date of
created as a result of the grant in violation of the division or local ordinances enacted
recover any
pursuant thereto, then the local agency may impose such conditions as would be
:tion may be
applicable to a current division of the property, and except that if a conditional
t provisions
certificate of compliance has been filed for record under the provisions of subdivision
against any
(b) of Section 66499.35, only such conditions stipulated in that certificate shall be
ich division
applicable.
The issuance of a permit or grant of approval for development of real property, or with
ircel of real
respect to improvements that have been completed prior to the time a permit or grant of
n 66499.35
approval for development was required by local ordinances in effect at the time of the
he date of
improvement, or with respect to improvements that have been completed in reliance
upon a permit or grant of approval for development, shall constitute "real property
rights of a
which has been approved for development," for the purposes of subdivision (c) of
Section 66499.35, and upon request by the person owning the real property or a vendee
of such person pursuant to a contract of sale, the local agency shall issue a certificate of
compliance for the affected real property.
(Amended, Chapter 864, Statutes of 1984]
Which any
ition may 66499.35. Certificate of compliance states compliance with Map Act;
conditional certificates of compliance; recorded maps
h person, constitute a certificate of compliance; certificate inclusions
i any real
f (a) Any person owning real property or a vendee of that person pursuant to a contract
n of this
tjo any of sale of the real property may request, and a local agency shall determine, whether
the real property complies with the provisions of this division and of local
129
ordinances enacted pursuant to this division. If a local agency determines that the
real property complies, the city or the county shall cause a certificate of compliance
to be filed for record with the recorder of the county in which the real property is
located. The certificate of compliance shall identify the real property and shall state
that the division of the real property complies with applicable provisions of this
division and of local ordinances enacted pursuant to this division. The local agency
may impose a reasonable fee to cover the cost of issuing and recording the
certificate of compliance.
(b) If a local agency determines that the real property does not comply with the
provisions of this division or of local ordinances enacted pursuant to this division, it
shall issue a conditional certificate of compliance. A local agency may, as a
condition to granting a conditional certificate of compliance, impose any conditions
that would have been applicable to the division of the property at the time the
applicant acquired his or her interest therein, and that had been established at that
time by this division or local ordinance enacted pursuant to this division, except that
where the applicant was the owner of record at the time of the initial violation of the
provisions of this division or of the local ordinances who by a grant of the real
property created a parcel or parcels in violation of this division or local ordinances
enacted pursuant to this division, and the person is the current owner of record of
one or more of the parcels which were created as a result of the grant in violation of
this division or those local ordinances, then the local agency may impose any
conditions that would be applicable to a current division of the property. Upon
making the determination and establishing the conditions, the city or county shall
cause a conditional certificate of compliance to be filed for record with the recorder
of the county in which the real property is located. The certificate shall serve as
notice to the property owner or vendee who has applied for the certificate pursuant
to this section, a grantee of the property owner, or any subsequent transferee or
assignee of the property that the fulfillment and implementation of these conditions
shall be required prior to subsequent issuance of a permit or other grant of approval
for development of the property.
Compliance with these conditions shall not be required until the time that a permit
or other grant of approval for development of the property is issued by the local
agency.
(c) A certificate of compliance shall be issued for any real property that has been
approved for development pursuant to Section 66499.34.
(d) A recorded final map, parcel map, official map, or an approved certificate of
exception shall constitute a certificate of compliance with respect to the parcels of
real property described therein.
(e) An official map prepared pursuant to subdivision (b) of Section 66499.52 shall
constitute a certificate of compliance with respect to the parcels of real property
described therein and may be filed for record, whether or not the parcels are
contiguous, so long as the parcels are within the same section or, with the approval
of the city engineer or county surveyor, within contiguous sections of land.
(f) (1) Each certificate of compliance or conditional certificate of compliance shall
include information the local agency deems necessary, including, but not
limited to, all of the following:
130 033
66,
that the
fI1
1
(A) Name or names of owners of the parcel.
apliance
(B) Assessor parcel number or numbers of the parcel.
)perry is
(C) The number of parcels for which the certificate of compliance or
tall state
conditional certificate of compliance is being issued and recorded.
of this
(D) Legal description of the parcel or parcels for which the certificate of
agency
a
compliance or conditional certificate of compliance is being issued and
tag the
recorded.
(E) A notice stating as follows:
/ith the
ision, it
This certificate relates only to issues of compliance or noncompliance with the
y as a
Subdivision Map Act and local ordinances enacted pursuant thereto. The parcel
►ditions
described herein may be sold, leased, or financed without further compliance with
me the
the Subdivision Map Act or any local ordinance enacted pursuant thereto.
at that
Development of the parcel may require issuance of a permit or permits, or other
-pt that
grant or grants of approval.
► of the
(F) Any conditions to be fulfilled and implemented prior to subsequent
he real
issuance of a permit or other grant of approval for development of the
nances
property, as specified in the conditional certificate of compliance.
:ord of
(2) Local agencies may process applications for certificates of compliance or
tion of
conditional certificates of compliance concurrently and may record a single
se any
certificate of compliance or a single conditional certificate of compliance for
Upon
multiple parcels. Where a single certificate of compliance or conditional
i shall
certificate of compliance is certifying multiple parcels, each as to compliance
corder
with the provisions of this division and with local ordinances enacted pursuant
rve as
thereto, the single certificate of compliance or conditional certificate of
rsuant
compliance shall clearly identify, and distinguish between, the descriptions of
ree or
each parcel.
litions
(Amended, Chapter 1104, Statutes of 2002]
)roval
66499.36. Local agency shall file notice of intention to record notice of
,ermit
violation
local
Whenever a local agency has knowledge that real property has been divided in violation
of the provisions of this division or of local ordinances enacted pursuant to this division,
been
it shall cause to be mailed by certified mail to the then current owner of record of the
property a notice of intention to record a notice of violation, describing the real property
in detail, naming the owners thereof, and stating that an opportunity will be given to the
to of
owner to present evidence. The notice shall specify a time, date, and place for a meeting
:Is of
at which the owner may present evidence to the legislative body or advisory agency why
the notice should not be recorded. The notice shall also contain a description of the
shall
violations and an explanation as to why the subject parcel is not lawful under
)erty
subdivision (a) or (b) of Section 66412.6.
are
The meeting shall take place no sooner than 30 days and no later than 60 days from date
oval
of mailing. If, within 15 days of receipt of the notice, the owner of the real property
fails to inform the local agency of his or her objection to recording the notice of
>ha,,ll
violation, the legislative body or advisory agency shall record the notice of violation
ndt
with the county recorder. If, after the owner has presented evidence, it is determined
that there has been no violation, the local agency shall mail a clearance letter to the then
131
034
current owner of record. If, however, after the owner has presented evidence, the
legislative body or advisory agency determines that the property has in fact been
illegally divided, the legislative body or advisory agency shall record the notice of
violation with the county recorder. The notice of violation, when recorded, shall be
deemed to be constructive notice of the violation to all successors in interest in such
property. The county recorder shall index the names of the fee owners in the general
index.
[Amended, Chapter 864, Statutes of 1984]
Article 3. Judicial Review
66499.37. Action against local agency must be within 90 days
Any action or proceeding to attack, review, set aside, void or annul the decision of an
advisory agency, appeal board or legislative body concerning a subdivision, or of any of
the proceedings, acts or determinations taken, done or made prior to such decision, or to
determine the reasonableness, legality or validity of any condition attached thereto, shall
not be maintained by any person unless such action or proceeding is commenced and
service of summons effected within 90 days after the date of such decision. Thereafter
all persons are barred from any such action or proceeding or any defense of invalidity or
unreasonableness of such decision or of such proceedings, acts or determinations. Any
such proceeding shall take precedence over all matters of the calendar of the court
except criminal, probate, eminent domain and forcible entry and unlawful detainer
proceedings.
[Amended, Chapter 1152, Statutes of 1980]
Division 3. Official Maps
66499.50. Application of division
This division applies to all counties and, whether incorporated or not, to all cities, towns
and villages in the state.
66499,51. Governing bodies where division applies
As used in this division:
(a) "City council or board of supervisors" includes the proper corresponding governing
board and authority in each place where the division applies.
(b) "City engineer" and "county surveyor" includes the like or corresponding officer,
subject to the direction of the corresponding governing board and authority in each
place where the division applies.
(c) If there is no city engineer or county surveyor subject to such direction, the
corresponding board and authority may employ competent engineers and surveyors
to the extent necessary for the carrying out of the purposes of this division in the
places subject to its jurisdiction, and the persons so appointed shall have the same
authority and shall perform the same duties as are given to and enjoined upon city
engineers and county surveyors, respectively, in like cases. The services of
engineers and surveyors so employed shall be contracted for, examined, passed
C�3;7
132
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Planning & Building Safety Department
Elected Officials:
Kelly McDowell,
J.' Mayor
Eric K. Busch,
Mayor Pro Tom
Jim Boulgarides,
Council Member
Carl Jacobson,
Council Member
Bill Fisher,
Council Member
Cindy MoResen,
City clerk
Ralph Lamphere,
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 Chief
Debra Brighton,
Library Services
Gary Chicots,
Planning and Building
Satoty
David Cummings,
Police Chief
Steven Finton,
Public Works
Richard Brunette,
Recreation d Parks
vww.elsegundo.org
October 15, 2007
555 Aviation Boulevard LTD Sent by U.S. Certified Mai/
4221 Wilshire Blvd., Suite 430
Los Angeles, CA 90010
SUBJECT: NOTICE OF VIOLATION: INTENTION TO RECORD A
NOTICE OF VIOLATION IN ACCORDANCE WITH
GOVERNMENT CODE § 66499.36
Property Address: 701 S. Aviation Boulevard
(APN: 4138- 009 -016)
Code Compliance Number:
2007 -0111 (APN: 4138 -009 -016)
2007 -0112 (APN: 4138 - 009 -0151
Dear Property Owner:
The City of .El Segundo became aware of a condition regarding the real
property located at 701 S. Aviation Boulevard (APN: 4138 - 009 -016) and
711 S. Aviation Boulevard (APN: 4138 - 009 -015). The above - mentioned
property was subdivided into three lots (lots 31, 32 and 35 of Tract Map
No. 26557 which was recorded on August 28, 1961). Based upon the City
of El Segundo's records, it appears that the property was subsequently
divided into two parcels on or about September 26, 1967 without
appropriate approvals under the Subdivision Map Act or the El Segundo
Municipal Code ( °ESMC "). That subdivision violates Government Code §
66412.6. This letter constitutes notice in accordance with Government
Code § 66499.36 that the City of El Segundo intends to record a notice of
violation against the real property identified above.
You or your representative may present evidence to the Planning
Commission regarding why a notice of violation should not be recorded
during the public hearing on Thursday, December 13, 2007 at 7:00 pm in
City Council Chamber at 350 Main Street, El Segundo, CA 90245.
Decisions of the Planning Commission may be appealed to the City
Council.
350 Main Street, El Segundo, California 90245 -3813
Phone (310) 524 -2380 FAX (310)322 -4167
0
Pursuant to §66499.36 of the California Government Code (Subdivision Map Act) you
must respond in writing with any objection within 15 -days of receipt of this letter which
serves as your notice. A Certificate of Compliance must be filed to remedy the violation.
No building permits or other permits relating to construction activity, no business
licenses or certificates of occupancy will be issued until the violation is remedied
pursuant to all the requirements of the California Government Code and the El Segundo
Municipal Code.
If you would like to schedule a meeting to discuss this matter please contact my
assistant Mary Lewis at (310) 524 -2338.
Sincerely,
I Gt���
Gary Chico W, Director
Planning and Building Safety Department
Certified Mail No. 7002 2410 0003 4827 2552
CC: Kimberly Christensen, Planning Manager
P:1Planning b Building Safety 1CODE- Erdorcamsnll200711st -NTC%" ationWvialion .701.07 -1 ti 1.TV
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Planning & Building Safety Department
(,�8
October 15, 2007
Elected Officials:
X Factor Sent by U.S. Certified Mail
Kelly McDowell,
:. Mayor
9595 Wilshire Boulevard, Suite 501
Eric K. Busch,
Mayor Pro Tom
Beverly Hills, CA 90212
Jim Boulgarides,
Council Member
Carl Jacobson,
Council Member
Bill Fisher,
Council osen Member
Cindy ,
SUBJECT: NOTICE OF VIOLATION: INTENTI ON TO RECORD A
city clap*
Ralph Unphere,
NOTICE OF VIOLATION IN ACCORDANCE WITH
coy Treasurer
GOVERNMENT CODE § 66499,36
Property Address: 711 S. Aviation SQ1evard
Appointed Officials:
(APN : 4.138 -009 -015
Jeffrey Stewart,
C/ryMneley
Code Compliance Number
P
Mark D. HensNy,
CityAttomey
2007 -0111 tAPN: 4138 - 009 -016)
2007 -0112 [APN: 4138 - 009 -0151
Department Directors:
all/ Crowe,
Assistant City Manager
Deborah Cullen,
Finance
Dear Property Owner:
Robert Hyland,
Human Resources
Kavin Smith,
FireChief
The City of El Segundo became aware of a condition regarding the real
Debra Brighton, Library Services
property located at 701 S. Aviation Boulevard (APN: 4138- 009 -016) and
°' Planning and Building
711 S. Aviation Boulevard (APN: 4138 - 009 -015). The above - mentioned
Safety
)avid Cummings,
property was subdivided into three lots (lots 31, 32 and 35 of Tract Map
P °"" `hi°'
Steven Finton,
No. 26557 which was recorded on August 28, 1961) . Based upon the City
Public Works
iich+rd Brunette,
of El Segundo's records, it appears that the property vvas subsequently
Recreation d Parks
divided into two parcels on or about September 26, 1967 without
appropriate approvals under the Subdivision Map Act or the El Segundo
Municipal Code ( "ESMC "). That subdivision violates Government Code §
66412.6. This letter constitutes notice in accordance with Government
ww.elsegundo.org
Code § 66499.36 that the City of El Segundo intends to record a notice of
violation against the real property identified above.
You or your representative may present evidence to the Planning
Commission regarding why a notice of violation should not be recorded
during the public hearing on Thursday, December 13, 2007 at 7:00 pm in
City Council Chamber at 350 Main Street, El Segvnido, CA 90245.
Decisions of the Planning Commission may be appe=aled to the City
Council.
350 Main Street, El Segundo, California 90245 -39.13
Phone (310) 524 -2380 FAX (310)322 -416>
(,�8
Pursuant to §66499.36 of the California Government Code (Subdivision Map Act) you
must respond in writing with any objection within 15 -days of receipt of this letter which
serves as your notice. A Certificate of Compliance must be filed to remedy the violation.
No building permits or other permits relating to construction activity, no business
licenses or certificates of occupancy will be issued until the violation is remedied
pursuant to all the requirements of the California Government Code and the El Segundo
Municipal Code.
If you would like to schedule a meeting to discuss this matter please contact my
assistant Mary Lewis at (310) 524 -2338.
Sincerely,
Gary Chicots, irector
Planning and Building Safety Department
Certified Mail No. 7002 2410 0003 4827 2569
CC: Kimberly Christensen, Planning Manager
PAPlenning 3 Building Sete tyACODE- Erdoreeme nt% 2DOT1st- NTCWvi"onWv4ftn.711.D7 -112.M
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Elected Officials:
Kelly McDowell,
Mayor
Eric K. Busch,
Mayor Pro Tom
Jim Boulgarides,
Council Member
Carl Jacobson,
Council Member
Bill Fisher,
Council Member
Cindy Mortesen,
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 Chief
Debra Brighton,
Library Services
Gary Chicots,
Planning and Building
Safety
David Cummings,
Police Chief
Steven Finton,
Public Works
Richard Brunette,
Recreation 6 Parks
vww.elsegundo.org
Z Wdy 16)//
Planning & Building Safety Department
November 21, 2007
555 Aviation Boulevard LTD Sent by U.S. Certified Mail
4221 Wilshire Blvd., Suite 430
Los Angeles, CA 90010
SUBJECT: NOTICE OF VIOLATION: INTENTION TO RECORD A
NOTICE OF VIOLATION IN ACCORDANCE WITH
GOVERNMENT CODE § 66499.36
Property Address: 701 S. Aviation Boulevard
(APN: 4138- 009 -015)
Code Compliance Number:
2007 -0111 (APN: 4138 - 009 -0161
2007 -0112 (APN: 4138- 009 -0151
Dear Property Owner:
In response to the City's October 15, 2007, notice of violation the Planning
and Building Safety Department received materials purportedly submitted
on your behalf by the Xerox Corporation's legal counsel which consisted of
a termination agreement for the existing off - street parking covenant and
agreement (Instrument No. 01- 0204705) and a- new off - street parking
covenant. Please be advised that the submission of these materials is
insufficient to address the matter of the illegal subdivision or process the
request for an off - street parking covenant. F .
The following additional information is required:
1. A letter of authorization from the property owner allowing Xerox and/or
representatives of Xerox to handle the processing of the application
requests.
2. Please submit a parking covenant fee of $155. This fee was
previously submitted but was not processed since a signed application
was not concurrently submitted.
350 Main Street, El Segundo, California 90245 -3813
Phone (310) 524 -2380 FAX (310)322 -4167 cvute._ _
(!40
Be advised that the off - street parking agreement will be reviewed by the Planning
Commission on December 13, 2007 if all the necessary documents are submitted by
both affected property owners by 5 p.m. on Friday, November 30, 2007. Note also that
the City will proceed with the hearing of the illegal subdivision unless the requested
materials are submitted by the deadline above. If you have any questions regarding this
matter, please contact Kimberly Christensen, Planning Manager at (310) 524 -2340.
Sincerely,
Gary Chicots, irector
Planning and Building Safety Department
Certified Mail No. 7000 1530 0002 8353 7318
CC: Kimberly Christensen, AICP Planning Manager
X- Factor
Cynthia Wolcott
PAPlanning 3 BLAding Safety% CODE- Enforcemw0120071 1st- NTCVwiationVAviatiorL701 .07- 111.repstf
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Elected Officials:
Kelly McDowell,
Mayor
Eric K. Busch,
Mayor Pro Tom
Jim Boulgarides,
Council Member
Car! Jacobson,
Council Member
Bill Fisher,
Council Member
Cindy Mortesen,
City Clerk
Ralph Lanphere,
City Treasurer
Appointed Officials:
Jemmy Stewart
City Manager
Mark D. Hensley,
City Attorney
Department Directors:
Bill Crowe,
Assistant City Manager
Deborah Cullen,
Finance
Robert Hyland,
Human Resources
Kevin Smith,
Fin Chief
Debra Brighton,
Library Services
Gary Chicots,
Planning end Building
Safety
David Cummings,
Police Chief
Steven Finton,
Public Works
Richard Brunette,
Recreation 6 Parks
Nwmelsegundo.org
fro
Planning & Building Safety Department
November 21, 2007
555 Aviation Boulevard LTD
4221 Wilshire Blvd., Suite 430
Los Angeles, CA 90010
Sent by U.S. Certified Mail
SUBJECT: NOTICE OF VIOLATION: INTENTION TO RECORD A
NOTICE OF VIOLATION IN ACCORDANCE WITH
GOVERNMENT CODE § 66499.36
Property Address: 701 S. Aviation Boulevard
(APN: 4138 - 009 -015)
Code Compliance Number:
2007 -0111 (APN: 4138 - 009 -016)
2007 -0112 (APN: 4138 - 009 -015)
Dear Property Owner:
In response to the City's October 15, 2007, notice of violation the Planning
and Building Safety Department received materials purportedly submitted
on your behalf by the Xerox Corporation's legal counsel which consisted of
a termination agreement for the existing off - street parking covenant and
agreement (Instrument No. 01- 0204705) and a new off - street parking
covenant. Please be advised that the submission of these materials is
insufficient to address the matter of the illegal subdivision or process the
request for an off - street parking covenant. `
The following additional information is required:
A letter of authorization from the property owner allowing Xerox and /or
representatives of Xerox to handle the processing of the application
requests.
2. Please submit a parking covenant fee of $155. This fee was
previously submitted but was not processed since a signed application
was not concurrently submitted. (A 2
350 Main Street, El Segundo, California 90245 -3813
Phone (310) 524 -2380 FAX (310)322 -4167
Be advised that the off - street parking agreement will be reviewed by the Planning
Commission on December 13, 2007 if all the necessary documents are submitted by
both affected property owners by 5 p.m. on Friday, November 30, 2007. Note also that
the City will proceed with the hearing of the illegal subdivision unless the requested
materials are submitted by the deadline above. If you have any questions regarding this
matter, please contact Kimberly Christensen, Planning Manager at (310) 524 -2340.
Sincerely,
Gary Chicots, Eirector
Planning and Building Safety Department
Certified Mail No, 7000 1530 0002 8353 7318
CC: Kimberly Christensen, AICP Planning Manager
X- Factor
Cynthia Wolcott
P:1Planning & Building Safety lCODE- Enforcement =7N1st- NTCWviationlAvietion .701.07- 111. rep. rtf
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APPLICATION', FOR BUILDING PERMIT
City of El Segundo
DEPT. OF BUILDING & SAFETY
DEPT. USE ONLY
APPL. RECD B+'! MG .jgATE 7 —T4 -67
N0, IPLOT LA ONLY
PC 0_
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VALUATION S
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TOTAL
4 , 140
6,210
TYPE CONST.
GROUP �— 2 FIRE ZONE 3
USE ZONE-
SIDE SET BACKS
FRONT SETBACK 107
LOT SIZE FROM MAP
SPRINKLERED YES 0 NO C�l
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WET STANDPIPES YES 6 NO ED
LATH, EXTERIOR
:ATH, INTERIOR
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STEE L ! _
PARKING — Spaces Req'd
Spaces Provided 900 +
CITY ENG,NEERING INFORMATION
Location of Front Property Lin&
NOTICE:
WALLS OR FEN ".ES CANNO':' �• CROACH
ON PUBLIC PROPERTY.
LPPROVALS
DATE _
INSPECTOR _
EXCAVATION
eC
ADDRESS
Shatto Place
'LOOR JOISTS
_ ^-
CITYELICENSE N0. (ogOS
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;701 S, 14`vi-e*71 n 1L/
FOR APPLICANT TO FILL IN
STREET
ADDRESS OF JOB 761 S. AVIATION BLVD.
LEGAL OESCRIPTIOH: LOT 1, .: , 3 , 4 & 30 , 31, 3 2 & 35
BLK. Ci 26557
DESCRIPTION OF WORK 3 pry type 1 constr.
office bldg. Sue=e1 frame/ w.
_ concrete floors
USE OF BUILDING: Offices
OWNER Scientific Data Systems
OWNERS ADDRESS 1649 17th St,
Santa Monica a,n., GL 1 -4747
ENGINEER
STATE LICENSE N0.
1001 11111E 653-4410
CONTRACTOR
eC
ADDRESS
Shatto Place
CITY
PHONE
CITYELICENSE N0. (ogOS
O (STATE LICENSE NO.
VALUATION OF JOB $
4,500,000
SIZE DF CONST.350.
x 350
AREA DF CONST, 3231136
_.._
A?4fg.V Sc/,? . 6 7 5 %So 2
I HEIEBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND
KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND
ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHE•
THER SP(LIFIED HEkEIN OR NOT. NO PERSON SHALL BE ALLOWED TO PERFORM
WORK UNDER THIS PERMIT IN VIOLATION OF THE LA809 CODE CF THE STATE
OF CALIFORNIA. I FURTHER STATE THAT I AM PROPERLY LICENSLD AS RE•
OUIRED BY SECTION 7071.5 OF THE STATE USINESS L PROFESSIONS CODE
(OR CLAIM EXEMPTION UNDER SECTION 1044
VALIDATION
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TITLE(S) :
,1. .
This page is part of your document- DO NOT DISCARD
FEE FEE $22 Nl
6
03 2427639
AUG 21 2003
AT&AM.
L E A D S H E E T
°FER l AX F 0j A PUBLIC RCCORD
A&
D.7T C
M
0)
soon
CODE v ^z
20
CODE
19
CODE
9
Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company In black Ink. Number of Parcels Shown
UA 1,3 � - 0 � b - 0 0 OC)
- THIS FORM NOT TO BE DUPLICATED -
Description: Los Angeles, CA Document-Year. Doc/0 2003.2427639 Page: 1 of 7 _
Order. 276555 -23 Comment.
l MAR 2 C' 2007
EXHIBIT I
I i, jJ
A
"MMON& 3�
03 2427639
When Recorded Mail to:
X- Factor, L.P.
1801 Avenue of the Stars
Suite 421
Los Angeles, Ca. 90067
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
4
0.
4
do
The undersigned declares that the documentary transfer tax is as set forth on a
separate declaration
Description: Los Angeles, CA Document- Year poc/D 2003.2427639 Page: 2 of 7
Order 276555 -23 Comment:
055
I ' TRI -1166
Grayl Deed
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO,
AND MAIL TAX STATEMENTS TO:
X- Factor, L.P.
ISO I Avenue of the Stars
Suite 423
Los Angeles, CA 90067
SPACE ABOVE THIS ME FOR RECORDER'S USE
TRANSFER TAX
DOCUMENTARY TRANSFER TAX $ ...................NOT A PUBLIC RECO1tD .............I................
.... Computed on the consideration of value of property conveyed; OR
... Computed on the consideration or value less liens or encumbrances remaining at time
of sale
Signature of Declarant or Agent determining
tax - -Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
TIAA REALTY, INC., a Delaware corporation,
hereby GRANT(S) to
X- FACTOR, L.P., a California limited partnership,
As to an undivided 44.07% interest in and to the real property in the City of EI Segundo,
County of Los Angeles, State of California, described as follows:
See Exhibit "A" attached hereto and incorporated herein.
526930 03 242763
Description: Los Angeles, CA Document -Year. DoclD 2003.2427639 Page: 3 of 7
Order. • 276555 -23 Comment:
3
TRI -1166
THE REAL PROPERTY CONVEYED HEREIN BY GRANTOR TO GRANTEE IS
CONVEYED AND ACCEPTED SUBJECT TO:
1. NONDELINQUENT REAL PROPERTY TAXES, GENERAL AND SPECIAL
TAXES/BONDS AND ASSESSMENTS.
2. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, RIGHTS,
RIGHTS OF WAY OF RECORD, AND /OR APPARENT.
3. RIGHTS OF PARTIES IN POSSESSION UNDER LEASE DATED DECEMBER 20,
1968 BETWEEN PECK NORMAN, A JOINT VENTURE COMPOSED OF C.L.
PECK, JR. AND ROBERT S. NORMAN, AND SCIENTIFIC DATA SYSTEMS, INC.,
A DELAWARE CORPORATION, AS AMENDED BY AGREEMENT BETWEEN
TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, A NEW
YORK CORPORATION, AND XEROX CORPORATION, A NEW YORK
CORPORATION, DATED JANUARY 2, 1998.
4. STATE OF FACTS SHOWN ON THE SURVEY OF DMR TEAM, INC., DATED
JUNE 1. 2002, PROJECT NO. JN2010, LAST REVISED AUGUST 10, 2003.
Dated: August t '(, 2003
TIAA RE TY,
By:`�
CJ
Its: fs
52693v3
Description: Los Angeles, CA Document- Year, DoclD 2003.2427639 Page: 4 of 7
Order., 276555 -23 Comment:
03 2427639
5-7
91Z1J03
TAl -1166
STATE OF NEW YORK )
COUNTY OF NEW YORK ) S.S.
On August � 2003 before me, `c�� �b . Notary Public, (here S
insert name and title of the officer), personally appeared P. Cuwd t%%'*N'C
personally known to me (or proved to me on the
basis of satisfacto evidence) to be the person(s) whose name(s) is/re subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/herltheir authorized capacity(ies), and that by histher/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Signature:
JENNIFER PITTELL.O '� ,�� '•ti �:
Notary Public, Slate of New York
No. 01 P16051730 D + ':
Oualifled In Queens County
CortimisgonF�plres0ec1.2��_ C7 • ;,
QJ •rtii {'
nqr ti001"
i
52693v3
Description: Los Angeles, CA Document- Year DoclD 2003.2427639 Page: 5 of 7
Order. 276555 -23 Comment:
03 2427639
812110 3
TTtI -] 166
Exhibit
Property Description
PARCEL I:
LOT 30 OF TRACT NO. 26557, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 675
PAGES 95 TO 98 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY,
EXCEPTING ALL OIL, GAS, ASPHALTUM, AND OTHER HYDROCARBONS AND
OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR
NOT, WITHIN OR THAT MAY BE PRODUCED FROM SAID LAND, PROVIDED,
HOWEVER, THAT THE SURFACE OF SAID LAND SHALL NEVER BE USED FOR
THE EXPLORATION, DEVELOPMENT, EXTRACTION, REMOVAL OR STORAGE
OF SAID OIL, GAS, ASPHALTUM, AND OTHER HYDROCARBONS AND OTHER
MINERALS, AND FURTHER PROVIDED THAT NO INSTALLATION
CONSTRUCTED THEREON SHALL BE DISTURBED IN ANY MANNER IN
EXTRACTING SAID RESERVED MINERALS, AS RESERVED IN DEED FROM
STANDARD OIL COMPANY OF CALIFORNIA, RECORDED DECEMBER 20, 1960
AS INSTRUMENT NO. 1622, IN BOOK D -1069 PAGE 898, OFFICIAL RECORDS.
SAID TRACT BEING A SUBDMSION OF THE SURFACE AND THAT PORTION
OF THE SUBSURFACE WHICH LIES ABOVE A PLANE 450 FEET BELOW THE
MEAN LOW WATER LEVEL OF THE PACIFIC OCEAN (AS SAID MEAN LOW
WATER LEVEL IS ESTABLISHED BY U. S. COAST AND GEODETIC SURVEY
BENCH MARKS ALONG THE SHORE LINE),
PARCEL II:
LOT 31 AND THAT PORTION OF LOTS 32 AND 3 5 OF TRACT NO. 26557, IN THE
CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
AS SHOWN ON MAP RECORDED IN BOOK 675 PAGES 95 TO 98 INCLUSIVE OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
LYING SOUTHERLY OF A LINE THAT IS PARALLEL WITH THE NORTHERLY
LINE OF SAID LOT 32 AND THE EASTERLY PROLONGATION THEREOF, AND
DISTANT 70.00 FEET SOUTHERLY THEREFROM, MEASURED AT RIGHT
ANGLES.
EXCEPTING ALL OIL, GAS, ASPHALTUM, AND OTHER HYDROCARBONS AND
OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR
NOT, WITHIN OR THAT MAY BE PRODUCED FROM SAID LAND; PROVIDED,
52693v3 03 2427639
Description: Los Angeles,CA Document- Year.DocID 2003,2427639 Page: 6 of 7
Order 276555 -23 Comment:
b
812110 3
TRI -1166
HOWEVER, THAT THE SURFACE OF SAID LAND SHALL NEVER BE USED FOR
THE EXPLORATION, DEVELOPMENT, EXTRACTION, REMOVAL OR STORAGE
OF SAID OIL, GAS, ASPHALTUM, AND OTHER HYDROCARBONS AND OTHER
MINERALS, AND FURTHER PROVIDED THAT NO INSTALLATION
CONSTRUCTED THEREON SHALL BE DISTURBED IN ANY MANNER IN
EXTRACTING SAID RESERVED MINERALS, AS RESERVED IN DEED FROM
STANDARD OIL COMPANY OF CALIFORNIA, RECORDED DECEMBER 20, 1960
AS INSTRUMENT NO. 1622, IN BOOK D -1069 PAGE 898, OFFICIAL RECORDS.
SAID TRACT BEING A SUBDIVISION OF THE SURFACE AND THAT PORTION
OF THE SUBSURFACE WHICH LIES ABOVE A PLANE 450 FEET BELOW THE
MEAN LOW WATER LEVEL OF THE PACIFIC OCEAN (AS SAID MEAN LOW
WATER LEVEL IS ESTABLISHED BY U. S. COAST AND GEODETIC SURVEY
BENCH MARKS ALONG THE SHORE LINE).
526930
Description: Los Angeles, CA Document- Year. DoclD 2003.2427639 Page: 7 of 7
Order: 276555 -23 Comment:
03 2427639
4 l )1)
.1 .. .
This page is part of your document- DO NOT DISCARD
03 2427642
RECORDEDIFILED IN OFFICLAL RECORDS
RECORQER'S OFFICE
LOS ANGELES COUNTY
CALiFORMA
AVG 21 2003 xteAK
TITLE(S)
1�119101gI1IB
FEE TRANSFER TAX
(NOT A PUBLIC RECORD
FEE $1EA
CODE
20
CODE
19
CODE
9
Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company in black Ink.
4 ( - c� ( () - U a 1
THIS FORM NOT TO BE DUPLICATED
Description: Los Angeles, CA Document- Year.Doc/D 2003.2427642 Page: 1 of 5
Order. 276555 -23 Comment:
D.T.T
F,
r,
C
M
r
Z
0
Number of Parcels Shown
vc')
061
812110 3
When Recorded Mail
Maxxam Enterprises ) 03 2427642
1801 Avenue of the Stars, Suite 421 )
Los Angeles, CA. 90067 )
Title Order # )
Escrow No: 03.41092 )
)
Space Above for Recorder's Use Only
GRANT DEED TRANSFER TAX
INOT A PUBLIC RCCORD
Q The undersigned declares that the documentary transfer tax is as set forth on a separate declaration
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
0—
�3 Maxxam Enterprises, LLC, a California limited liability company
O
t
`II hereby GRANT(S) to
X- Factor, L.P., a California limited partnership
ao
fr) An undivided 44.63 % interest in and to the real property in the County of Los Angeles,
State of California completely described on Exhibit "A" attached hereto
Dated: August 14, 2003 Maxxam Enterprises, LLC
a Califomia limited liability corn any
By- .
Behrouz Somudt
MAIL TAX STATEMENTS TO ADDRESS ABOVE
Description: Los Angeles, CA Document- year. DoclD 2003.2427642 Page: 2 of 5
Order; 276555 -23 Comment:
z
0
8121103
State of California )
County of L m 4A±, )
On 2003, before me, the undersigned, a Notary Public in and for
said State, personally appeared BEAROUZ SOROUDI, personally known to me or
to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/shemey
executed the same in his/hetftheir authorized capacity(ies), and that by hislherftheir
signature(s) on the instrument the person(-&), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
19CELYM U—na— l-
CommiWonf 1J1MN
Notary Public- Cmww is
Los AWMM CCU*
6WCairmExpkw3spA2M
Description: Los Angeles, CA Document -Year. Doc/D 2003.2427642 Page: 3 of 5
Order. 276555 -23 Comment:
03 2427642
3
th ,y
Exhibit A
Property Description
PARCEL I:
4
LOT 30 OF TRACT NO. 26557, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 675 PAGES 95
TO 98 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
EXCEPTING ALL OIL, GAS, ASPHALTUM, AND OTHER HYDROCARBONS AND
OTHER MINERALS, WHETHER SIMILAR TO 7110SE HEREIN SPECIFIED OR NOT,
WITHIN OR THAT MAY BE PRODUCED FROM SAID LAND; PROVIDED, HOWEVER,
THAT THE SURFACE OF SAID LAND SHALL NEVER BE USED FOR THE
EXPLORATION, DEVELOPMENT, EXTRACTION, REMOVAL OR STORAGE OF SAID
OIL, GAS, ASPHALTUM, AND OTHER HYDROCARBONS AND OTHER MINERALS,
AND FURTHER PROVIDED THAT NO INSTALLATION CONSTRUCTED THEREON
SHALL BE DISTURBED IN ANY MANNER IN EXTRACTING SAID RESERVED
MINERALS, AS RESERVED IN DEED FROM STANDARD OIL COMPANY OF
CALIFORNIA, RECORDED DECEMBER 20, 1960 AS INSTRUMENT NO. 1622, IN BOOK
D -1069 PAGE 898, OFFICIAL RECORDS.
SAID TRACT BEING A SUBDIVISION OF THE SURFACE AND THAT PORTION OF THE
SUBSURFACE WHICH LIES ABOVE A PLANE 450 FEET BELOW THE MEAN LOW
WATER LEVEL OF THE PACIFIC OCEAN (AS SAID MEAN LOW WATER LEVEL IS
ESTABLISHED BY U. S. COAST AND GEODETIC SURVEY BENCH MARKS ALONG
THE SHORE LINE).
PARCEL H:
LOT 31 AND THAT PORTION OF LOTS 32 AND 35 OF TRACT NO. 26557, IN THE CITY
OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN
ON MAP RECORDED IN BOOK 675 PAGES 95 TO 98 INCLUSIVE OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF A
LINE THAT IS PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 32 AND THE
EASTERLY PROLONGATION THEREOF, AND DISTANT 70.00 FEET SOUTHERLY
THEREFROM, MEASURED AT RIGHT ANGLES,
EXCEPTING ALL OIL, GAS, ASPHALTUM, AND OTHER HYDROCARBONS AND
OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT,
WITHIN OR THAT MAY BE PRODUCED FROM SAID LAND; PROVIDED, HOWEVER,
THAT THE SURFACE OF SAID LAND SHALL NEVER BE USED FOR THE
EXPLORATION, DEVELOPMENT, EXTRACTION, REMOVAL OR STORAGE OF SAID
OIL, GAS, ASPHALTUM, AND OTHER HYDROCARBONS AND OTHER MINERALS,
AND FURTHER PROVIDED THAT NO INSTALLATION CONSTRUCTED THEREON
SHALL BE DISTURBED IN ANY MANNER IN EXTRACTING SAID RESERVED
MINERALS, AS RESERVED IN DEED FROM STANDARD OIL COMPANY OF
03 2427642
Description: Los Angeles,CA Document- Year.DociD 2003.2427642 Page: 4 of 5
Order: 276555 -23 Comment: ( 1 6 .1
CALIFORNIA, RECORDED DECEMBER 20, 1 960 AS INSTRUMENT NO. 1622, IN BOOK
D -1069 PAGE 898, OFFICIAL RECORDS.
SAID TRACT BEING A SUBDIVISION OF THE SURFACE AND THAT PORTION OF THE
SUBSURFACE WHICH LIES ABOVE A PLANE 450 FEET BELOW THE MEAN LOW
WATER LEVEL OF THE PACIFIC OCEAN (AS SAID MEAN LOW WATER LEVEL IS
ESTABLISHED BY U. S. COAST AND GEODETIC SURVEY BENCH MARKS ALONG
THE SHORE LINE).
03 2427642
Description: Los Angeles, CA Document- Year.DoclD 2003.2427642 Page: 5 of 5
Order: 276555-23 Comment
1
(ih )
This page is part of your document • DO NOT DISCARD -
03 2427643
TITLE(S)
FEE
FEE $16 M
4
,gECORDEWILEO IN OFFFICI CORDS
RECORDER'S OFFICE
LOS ANGEM COUNTY
CALIFORNIA
AUG 21 2003 A7SAM.
1111111111111111
L TRANSFER TAX
OT A PUBLIC RECORD
CODE
20
CODE
19
CODE
9
Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company in black Ink.
L�130- 010-C) 0q
A THIS FORM NOT TO BE DUPLICATED
Description: Los Angeles,CA Document- Year. Doc/D 2003.2427643 Page: 1 of 5
Order. 276555 -23 Comment:
D.T.T
C
rn
N
Z
Number of Parcels Shown
() 0 7--
i6G
Iq
When Recorded Mail to: ) 03 2427643
Maxxam Enterprises )
1801 Avenue of the Stars, Suite 421 )
Las Angeles, CA. 90067 )
Title Order # )
Escrow No: 03 -41092 )
APN # - 0/D -DOS D/S Space Above for Recorder's Use
GRANT DEED NOTTA PUBLEC RECORD
The undersigned declares that the documentary transfer tax is as set forth on a separate declarition
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Maxxam Enterprises, LLC, a California limited liability company
hereby GRANT(S) to
X- Factor, L.P., a California limited partnership
An undivided 11.30 % interest in and to the property in the County of Los Angeles, State
of California which is completely described on Exhibit "A" attached hereto and
incorporated herein
Dated: August 14, 2003 Maxxam Enterprises, LLC.,
a California limited liability company
By:
Behrouz Soroudi
MAIL TAX STATEMENTS TO ADDRESS AROVE
Description: Los Angeles, CA Document -Year. DoclD 2003.2427643 Page: 2 of 5
Order. 276555 -23 Comment:
� t) i
State of California )
County of 44y )
Ong 2003, before me, the undersigned, a Notary Public in and for
said State, personally appeared BEHROUZ SOROUDI, personally known to me or
videim to be the persons} -whose name(s)
is/ax subscribed to the within instrument and acknowledged to me that he/shefthey
executed the same in his/b=ltheir authorized capacity(im), and that by hislh4AWT
signature(Won the instrument the person($), or the entity upon behalf of which the
person(i) acted, executed the instrument.
WITNESS my hand and official seal.
JOCELYN LAAS1M
CommisWon • 1JiBiN
Notary Public - CsiHomr
Los Angskm Coonly
MY Lamm. EYPYe� 5eP 2006
03 2427643
Description: Los Angeles, CA Document Year.DoclD 2003.2427643 Page: 3 of 5
Order. 276555 -23 Comment:
i,c)g
812110 3
Exhibit
Property Description
PARCELI:
LOT 30 OF TRACT NO. 26557, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 675 PAGES 95
TO 98 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY,
EXCEPTING ALL OIL, GAS, ASPHALTUM, AND OTHER HYDROCARBONS AND
OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT,
WITHIN OR THAT MAY BE PRODUCED FROM SAID LAND; PROVIDED, HOWEVER,
THAT THE SURFACE OF SAID LAND SHALL NEVER BE USED FOR THE
EXPLORATION, DEVELOPMENT, EXTRACTION, REMOVAL OR STORAGE OF SAID
OIL, GAS, ASPHALTUM, AND OTHER HYDROCARBONS AND OTHER MINERALS,
AND FURTHER PROVIDED THAT NO INSTALLATION CONSTRUCTED THEREON
SHALL BE DISTURBED IN ANY MANNER IN EXTRACTING SAID RESERVED
MINERALS, AS RESERVED IN DEED FROM STANDARD OIL COMPANY OF
CALIFORNIA, RECORDED DECEMBER 20, 1960 AS INSTRUMENT NO. 1622, IN BOOK
D -1069 PAGE 898, OFFICIAL RECORDS.
SAID TRACT BEING A SUBDIVISION OF THE SURFACE AND THAT PORTION OF THE
SUBSURFACE WHICH LIES ABOVE A PLANE 450 FEET BELOW THE MEAN LOW
WATER LEVEL OF THE PACIFIC OCEAN (AS SAID MEAN LOW WATER LEVEL IS
ESTABLISHED BY U. S. COAST AND GEODETIC SURVEY BENCH MARKS ALONG
THE SHORE LINE).
PARCEL 11:
LOT 3I AND THAT PORTION OF LOTS 32 AND 35 OF TRACT NO. 26557, IN THE CITY
OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN
ON MAP RECORDED IN BOOK 675 PAGES 95 TO 98 INCLUSIVE OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF A
LINE THAT IS PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 32 AND THE
EASTERLY PROLONGATION THEREOF, AND DISTANT 70.00 FEET SOUTHERLY
THEREFROM, MEASURED AT RIGHT ANGLES.
EXCEPTING ALL OIL, GAS, ASPHALTUM, AND OTHER HYDROCARBONS AND
OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT,
WITHIN OR THAT MAY BE PRODUCED FROM SAID LAND; PROVIDED, HOWEVER,
THAT THE SURFACE OF SAID LAND SHALL NEVER BE USED FOR THE
EXPLORATION, DEVELOPMENT, EXTRACTION, REMOVAL OR STORAGE OF SAID
OIL, GAS, ASPHALTUM, AND OTHER HYDROCARBONS AND OTHER MINERALS,
AND FURTHER PROVIDED THAT NO INSTALLATION CONSTRUCTED THEREON
SHALL BE DISTURBED IN ANY MANNER IN EXTRACTING SAID RESERVED
MINERALS, AS RESERVED IN DEED FROM STANDARD OIL COMPANY OF
03 2427643
Description: Los Angeles, CA Document- Year. DoclD 2003.2427643 Page: 4 of 5
Order. 276555 -23 Comment:
4
+1h i
121103
CALIFORNIA, RECORDED DECEMBER 20, 1960 AS INSTRUMENT NO. 1622, IN BOOK
D -1069 PAGE 898, OFFICIAL RECORDS.
SAID TRACT BEING A SUBDIVISION OF THE SURFACE AND THAT PORTION OF THE
SUBSURFACE WHICH LIES ABOVE A PLANE 450 FEET BELOW THE MEAN LOW
WATER LEVEL OF THE PACIFIC OCEAN (AS SAID MEAN LOW WATER LEVEL IS
ESTABLISHED BY U. S. COAST AND GEODETIC SURVEY BENCH MARKS ALONG
THE SHORE LINE).
Description: Los Angeles, CA Document- Year. Doc/D 2003.2427643 Page: 5 of 5
Order: 276555 -23 Comment
03 2427643
Q
DEC 7 '
t4 -
R mrtr' 09 fttq weted ty
Pacir. Tice ('ivarant% Cn.
RECORDING REQUESTED BY
I 12/7/1943 �239�377
ANO WHEN RECORDED MAIL TO
93 23925 -9
C/o HDi71RD a+ol ..- .- rte_- -rGW
9A01 WILSHIRE HiA/D.. Si1t7E 12590 AFCORDECIF1lEG - A
8v~VM,Y HIIJS.(' A 90212 RECOA!'Etl
LOS ANGE:i .. �..:� TY //yyam�
Cf �As� IND
HAIL TAX STATEIiFNTS TO 31 1 PAS
Z P.M.:'ic ? 1V3
SANE AS ABOVE
— -- — ....�- - -- =•off — —- -- -— -—-_..
GRANT DEEb
1 _ _
THE UNDERSIGNED GRANTORS DECLARE(S):
iP DOCU14ENTA.RY TRANSFER TAX IS $ 660.00
( XX ) COMPUTED ON FULL VAI-UE OF PROPERTY CONVEYED, OR
COMPUTED ON FULL VALUE LESS VALUE OF LIENS AND
ENCUMBRANCES REMAINING AT TIME OF SALE.
( ) UNINCORPORATED AREA: ( ) CITY OF EL SEGUNDO. AND
!� FOR VALUABLE CONSIDERATION. RECEIPT OF WHICH IS HEREBY
ACKNOWLEDGED,
THE BEHENSON CAPITAL COMPANY, A NEW YORX GENERAL PARTNERSHIP GF
NEW YORK COUNTY, STATE OF NEW YORK
HEREBY GRANT(S) TO:
55S AVIATION BOULEVARD, LTD., A CALIFORNIA LIMITED PARTNERSHIP
AS TO AN UNDIVIDED ONE -HALF INTEREST IN AND TO
THE FOLLOWING DESCPTRF'D REAL. PROPERTY IN THE CITY OF EL SEGUNDO,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA:
PER EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
THE PROPERTY IS BEING CONVEYED SUBJECT TO:
1) SECOND HALF 1993 -1994;
2) ALL MATTERS AND DEFECTS OF RECORD;
3) ALL MATTERS AND DEFECTS NHICH WOULD BE OISCLOSEO BY A
CORRECT SURVEY OR BY INSPECTION OF THE PROPERTY.
DATED
THE BENENSON CAPITAL COMPANY, A
NEW YORK GENERAL PARTNERSHIP
BY: �y C}aarloe Js UCnc =n Fanu1Y 7Tusr,
• C3ViRI.ES LI. �FitRt, 'rA'U57•I3=
STATE OF _ y
r )
COUNTY OF ! 1 ! ) SS
a.
cm r,4i.
J &.vl�
OIi 1 BEFORE ME, THE UNDERSIGNED, A it
NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED jl4
PERSONALLY KNOWN TO HE OR PROV£ft TO ON THE BASIS OF 0
SATISFACTORY EVIDENCE TO BE THE PERSONS) WHOSE NAME(S) IS /AR£ �,
SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT C
HL /SHEiTHEY EXECUTED THE SAME IN HIS /HER /THEIR AUTHORIZED
CAPACITY(IES), AND THAT BY HIS /HER / THEIR SIGNATUME(S) ON THE
INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF NHXCH THE
PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
WITNESS 19Y HAND AND OFFICIAL REAL.
MAR 2 2007
�..c.tM�WY •�.ti `.c�:• r
,! j , ( n ,• ♦leis of New Yw%
*44%6281
Q O�1 • /A Yef /D
cription: Los Angeles,CA Document - Year.DoclD 1993.2392579 Page: 1 of 2
E
or: g comment: /+ 750;CC 07 -01
1
J
'EXHIBIT A'
LOTS 10, 11, 12, 13. 32 AND 35 OF TRACT NO. 26557, IN THE CITY OF EL SEGUNDO. IN THE
COUNTY OF LOS ANGELES. STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 675 PAGES
4. 95 THROUGH 98 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, BEING THE 'LAND AS DEFINED IN THE CONDITIONS AND STIPULATIONS OF THIS
R POLICY.
is EXCEPT THAT PORTION OF SAID LOTS 32 AND 35 LYING SOUTHERLY OF A LINE THAT IS
PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 32 AND TIHE EASTERLY PROLONGATION
THEREOF, AND DISTANT 70.00 FEET SOUTHERLY THEREFROM, MEASURED AT RIGH T ANGLES.
ALSO EXCEPT THEREFROM ANY AND ALL BUILDINGS AND IMPROVEMENTS NOW LOCATED
THEREON. AS EXCEPTED BY C.L. PECK-ROBERT S. NORMAN, A GENERAL PARTNERSHIP. IN
DEED RECORDED DECEMBER 30, 19W AS INSTRUMENT NO. 1023 WHICH SAID DEED RECITES
THAT SAID BUILDINGS AND IMPROVEMENTS ARE AND SHALL REMAIN REAL PROPERTY.
ALSO EXCEPT ALL OIL. GAS, ASPHALTUM, AND OTHER HYDROCARBONS AND OTHER MINERALS.
WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT, WITHIN OR THAT MAY BE PRODUCED
FROM SAID LAND, PROVIDED, HOWEVER. THAT THE SURFACE OF SAID LAND SHALL NEVER BE
USED FOR THE EXPLORATION. DEVELOPMENT, EXTRACTION, REMOVAL OR STORAGE 00 SAID
OIL, GAS, ASPHALTUM, AND OTHER HYDROCARBONS AND OTHER MINERALS. AND FURTHER
*' PROVIDED THAT NO INSTALLATION CONSTRUCTED THEREON SHALL BE DISTURBED IN ANY
MANNER IN EXTRACTING SAID RESERVED MINERALS, AS RESERVED IN DEED FROM STANDARD
OIL COMPANY OF CALIFORNIA, RECORDED DECEMBER 20, 1960, AS INSTRUMENT NO. 1622, IN
BOOK D-1069 PAGE 898, OFFICIAL RECORDS,
SAID TRACT BEING A SUBDIVISK:)N OF THE SURFACE AND THAT PORTION OF THE SUBSURFACE
WHICH LIES ABOVE A PLANE 450 FEET BELOW THE MEAN LOW WATER LEVEL OF THE PACIFIC
OCEAN (AS SAID MEAN LOW WATER LZVU, IS ESTABLISHED BY U. S. COAST AND GEODETIC
SURVEY BENCH MARKS ALONG THE SHORELINE).
cription: Los Angeles,CA Document- Year.DoclD 1993.2392579 Page: 2 of 2
err g Comment:
`i DES'
r
pyatu 1' is (jym"ritY CO.
RECORDING REQUESTED BY
AND WHEN RECORDED MALI, TO
C/O "MOM loll
9401 NIISHIRE BLVD., SUITK 1250
BEVER11Y HAAS, M 90212
MAIL. TAX STATEMENTS TO
SAMY Ati AHOVF.
GRANT DEED
1011W.3
93 23 25 4L*sms .7iS�l
9�
AECORDE0 F. - -
fiEC.UFiL' • .. c.
�1 P ST l P.M. 7 i--143
177
THE UNDERSIGNED GRANTORS DECLARE(S): AL 1
DOCUMENTARY TRANSFER TAX IS $ 660_00
( XX ) COMPUTED ON FULL VALUF. OF PROPERTY CONVEYED, OR
COMPUTED ON FULL VALUE LESS VALUE OF LIENS AND
ENCUMBRANCES REMAINING AT TIME OF SALE.
j ( ) UNINCORPORATED AREA: ( ) CITY OF EL SEGUNDO, AND
1 1
! " FOR VALUABLE CONSIDERA'T'ION, RECEIPT OF WHICH IS HEREBY
l ^^ ACKNOWLEDGED,
P LAURENCE A. TISCH, OF WESTCHESTER COUNTY, NEW YORK
ti
^, HEREBY GRANT(S) TO:
D
955 AVIATION BOULEVARD. LTD., A CALIFORNIA LIMITED PARTNERSHIP
AS TO AN UNDIVIDED ONE -HALF INTEREST IN AND TO
THE FOLLOWING DESCRIBED REAL PROPERTY IN THE CITY OF EL SEGUNDO.
COUNTY OF LOS ANGPI•F.S, ATATE Of CALIFORNIA:
PER EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
THE PROPERTY IS BEING CONVEYED SUBJECT TO:
1) SECOND HALF 1993 -1994;
2) ALL MATTERS AND DEFECTS OF RECORD;
3) ALL PLATTERS AND DEFECTS WHICH WOULD BE DISCLOSED BY A
CORRECT SURVEY OR BY INSPECTION OF THE PROPERTY.
DATED 1 ` ( -1
LAURENCE A. TISCH
STATE OF -�A2 cjjt� )
j ) 95
COUNTY OF �IC1�,PV ]GK c� )
ON +fit «yl � r 1 1 5 j _ BEFORE ME. THE UNDERSIGNED, A
H07RY �j IC 1 MD V?R SAID'STATF, PERSONALLY APPEARED
PERSONALLY KNOWN TO ME OR PROVED TO HE ON THE BASIS OF
SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS /ARE
SUBSCPISEO TO THE WIT°:Ttl IN£TI2L'!tE!i'I AllD ACXNCI.ILEDGES TO 14Z THIN
HE /SHE /THEY EXECUTED THE SAME IN HISMER/THEIR AUTY.ORIZF.D
CAPACITY(IES), AND THAT BY HIS /HER /THEIR SIGNATURES) ON THE
INSTRUMENT THE PERSON(S), OR THE ENTITY UPON SEMALF OF WHICH THE
PERSONS) ACTED, EXECUTED THE INSTRUMENT.
WITNESS MY HAND AND OFFICIAL SEAL.
- : OC - . 1 .
cription: Los Aageles,CA Document- Year. DOCID 1993 2392580 Page: 1 of 2
or; g Comment:
BLVD.
r 73
'EXHIBIT A'
1 TS 10, ". 12. 13, 32 AND 35 OF TRACT NO. 26557. IN THE CITY OF EL SEGUNDO. IN THE
NTY OF LOS AN3ELES. STATE OF CALIFORNIA. AS PER MAP RECORDED INBOOK 6%5 PAGES
95 THROUGH 98 INCLUSIVE OF MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, BEING THE -LAND AS DEFINED IN THE CONDITIONS AND STIPULAT:ONS OF THIS
POLICY.
EXCEPT THAT PORTION OF SAID LOTS 32 AND 35 LYING SOUTIHERLY OF A LINE THAT tS
PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 32 AND THE EASTERLY PROLONGATION
THEREOF, AND DISTANT ➢O OO FEET SOUTHERLY THEREFROM, MEASURED AT RIGHT ANGLES
ALSO EXCEPT THEREFROM ANY AND ALL BUILDINGS AND IMPROVEMENTS NOW LOCATED
THEREON, AS EXCEPTED BY C.L. PECK-ROBERT S. NORMAN, A GENERAL PARTNERSHIP, IN
DEED RECORDED DECEMBER 30. 1966 AS INSTRUMENT NO. 1023 WHICH SAID DEED RECITES
THAT SAID BUILDINGS AND IMPROVEMENTS ARE AND SHALL REMAIN REAL PROPERTY.
ALSO EXCEPT ALL OIL, GAS, ASPHALTUM, AND OTHER HYDROCARBONS AND OTHER MINERALS,
WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT, WITHIN OR THAT MAY BE PRODUCED
FROM SAID LAND, PROVIDED. HOWEVER, THAT THE SURFACE OF SAID LAND SHAD_ NEVER BE
USED FOR THE EXPLORATION, DEVELOPMENT, EXTRACTION, REMOVAL OR STORAGE OF SAID
OIL GAS. ASPHALTUM, AND OTHER HYDROCARBONS AND OTHER MINERALS. AND FURTHER -
PROVIDED THAT NO INSTALLATION CONSTRUCTED THEREON SHALL BE DISTURBED IN ANY
MANNER IN EXTRACTING SAID RESERVED MINERALS. AS RESERVED IN DEED FROM STANDARD
OIL COMPANY OF CAUFORNIA, RECORDED DECEMBER 20. 1960, AS INSTRUMENT NO. 1622, IN
BOOK D• 1069 PAGE 898. OFFICIAL RECORDS: i
SAID TRACT BEING A SUBDIVISION OF THE SURFACE AND THAT PORTION OF THE SUBSURFACE
WHICH LIES ABOVE A PLANE 450 FEET BELOW THE MEAN LOW WATER LEVEL OF THE PACIFIC
OCEAN (A5 SAID MEAN LOW WATER LEVEL IS FSTABUSHED BY U. S. COAST AND GEODETIC
SURVEY BENCH MARKS ALONG THE SHOREUNE).
I�
ription: Los Angeles,CA Document- Year.DocXD 1993.2392580 Page: 2 of 2
r: g Comment:
r it
�i
LEAD SHEET
Exhibit E
pC��UME ��
MAR 1 9 2001 "
CEDS
61 0204705
RECORDED/FILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
1:41 PM FEB 07 2001
A$E
Building
7015 Aviation
SPACE ABOVE THIS LINE FOR RECORDERS USE
TITLE(S)
FEE FEE $13 D.T.T.
DAF $2
C-20 3
CODE
20
CODE
19
CODE
9
Assessor's Identification Number (AIN)
To Be Completed By Examiner OR Title Company In Black Ink
EXHIBIT J
THIS F(WRA IQ hinT Tn ow-
- --
Number of Parcels Shown
Wi5
dg ED REQUESTED BY:
ci�Y of El Segundo
1 unity. Economic and
Ca
Development Services Department
350 Main Street
El Segundo, CA 90245
WKEN RECORDED MAIL TO:
City of El Segundo
Co==Unity, Economic and
Development Services Department
350 Main Street
Trr qs)
MEr�o�
MAR 19 2001 �u�
CEDS
01 0204705
SPACE ABOVE MUS LOM FOR RECORDER'S usE
COVENANT AND AGREEMENT REGARDING MAnqTENANCE
OF OFF - STREET PARSnG
The undersigned hereby certiiy. that we are the owners of the hereinafter legally described real
property ("Owners") located in the City of El Segundo, State of California.
„int 3n of ,hart 26557 (Parking Lot: E)
(Legal description of parldag site)
as recorded in Book 675 page (s) 95 -98 , Records of Los Angeles County,
parking site address: 851 S. Aviation Boulevard
And pursuant to Section 20.54.130 of the F.I. Segundo, Municipal Code, the undersigned hereby
covenant and agree to and with said City that an off -site parking area containing not less than
452 (number) usable and accessible automobile parldng spaces as shown on E4ubit
_A _ which comply with the El Segundo Municipal Code. Chapter 20.54 will be provided
and maintained on the bve desbedo$eTty to provide the required parking for the use or the
building located at
70 S • Av i a ion v (Users') • in said City upon that
land legally described asfollows :Lot 31, .Lots, 32 4nd 35- -of TI-Act 26557' (Building
r•
(Legal description of use or buIIding site)
as recorded in Book 675 Page ( s ) 95 -98 , Records of Los Angeles County.
This covenant and agreement shaII run with the land and shall be binding upon the owners and
its /his /her /their successors, heirs or assigns and shall continue in effect so long as the use or
building requiring such parking is maintained without providing off-street automobile parking
spaces on the same lot and /or another lot as required by the provisions- -of the El Segundo
Municipal Code or unless otherwise released by authority of the Director of Planning and Building
Safety. Owners title to and tight to use Ume property upon which the parldng spaces is to be
provided will be subservient User's right to 45L (number) parlang spaces (Shown on
Exhibit A 1. Owner warrants that such lots are not and will act be made subject to any other
covenant or contract for such use without prior written consent of the City.
Dated this 20th day of December
Signature of Parking Site Owner(s)
LA) "
A & E)
076.
((n o (WE} the mortgage or trust deed beneficiary agree to the above stated conditions by g (my)
ur) signature hereto:
Signature of mortgage or trust deed beneficiary..
There is no mortgage or trust deed affecting this property. I declare under penalty of perjury that
the fore owing statement is
a and correct. Executed at -'r,2f -A-nt c F Califo
, on
this day of ,fig oe
Signature of Parldng Site Owner(s)
L- nt+so -ri- 4v��+
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES )
On Z00 f before me, N N
personally appeared _ 1 -o R- S-rN 42T� t nu 4 I 1
(or proved to me on the basis of satisfactory evidence) to be the
persons0 whose nameW is /fiwd subscribed to the within instrument and acknowledged to me
that he /s1:6 /t4ep executed the same in his /;et /ti;et authorized capacity4ej), and that by
his1j;,6 1tb*if signature�ar f on the instrument the person(sf, or the entity upon behalf of Which
the person() acted, executed the instrument.
OFFlCIAL EEL
Witness my hand and official seal. DANIELAN
NWARY PUBLIC - CALIFORNIA SO
COMMISSION ! 12MM2 C
t8 LOS ANGELES COUNTY -
Fj
= W==+r — MVAMW �Vws == —�a=2MZr=s.s+
FOR DEPARTMENT USE ONLY:
Approved by
o to a i Date V'r\ --r1 .1 �.�.,(' ].)
parkMV2.2pp
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01 0204705
sum" ma lwa w-f ftm mm 0n _ _
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01 0204746
RECORDER'S OFFICE T'
LOS ANGELES COUNTY
CALIFORNIA
1.;41 PM* FEB 07 2001
Exhibit D
M1 Building
sss S. Aviation
SPACE ABOVE THIS. LINE FOR RECORDERS USE
2'9 200
TITLE(S) CEDS
Assessor's Identification Number (AIN)
To Be Completed By Examiner OR Title Company In Black Ink
F-1
EXHIBIT K
T141Q cr-,pu 1C A1r)T Tn QC M 101 1/` A---
D.T.T.
Number of Parcels Shown
07c)
FIDE COPY
C^RDED REQUESTED BY:
City of El Segundo
Community, Economic and
Development Services Department
350 Main Street
El Segundo, CA 90245
WHEN RECORDED MAIL TO:
City of El Segundo
Comrnunity, Economic and
Development Services Departrnent
350 Main Street
01 4204'06
TITLES)
SPACE ABOVE THIS LM FOR RECORDER'$ USE
COVENANT AND AGREEMENT REGARDING B AZTENARCE
OF OFF - STREET PAPJMgG
The undersigned hereby certify that we are the owncrs of the hereinafter legally described real
property C' Owners") located in the City of El Segundo,. State of California.
dot 31. Lots 32 and 35. of 'Traicf 26557 .(Buildinct A & E)
(Legal description of parldng site)
as recorded in Book 675 page (s) 95 -98 , Records of Los Angeles County.
parldng site address: .701 S. Aviation Boulevard
And pursuant to Section 20.54.130 of the El Segundo Municipal Code, the undersigned hereby
covenant and agree to and with said City that an ofd site parldog area containing not less than
501 (number) usable and accessible automobile parking spaces as shown ou F.ahibit
which comply with the M Segundo Municipal Code Chapter 20.54 w& be provided
and maintained on e d bed provide the required parking for the use or t3ie
building located at " Avi a on �ou�ev r
(Users"j -in said City upon that
land legally descnibedasfollows: I ats 10. 11. 12. 13 (Building M1) sf Tract 2-6557
(Legal description of use or building site)
as recorded in Book 675 page (s) 95 -98 _,Records of Los Angeles County.
Zlais covenant and agreement shaIl ion with the land and shall be binding upon the Owners and
its /his /her /their successors, heirs or assigns and shall continue in effect so long as the use or
building requiring such parking is maintained without providing off - street automobile parking
spaces on the same lot and /or another lot as required by the provisions.-of the El Segundo
Municipal Code or unless otherwise released by authority of the Director of Planning and Building
Safety. Owners title to and right to use the property upon which the parking spaces is to be
provided will be subservient User's right to 501 (number) parking spaces (Shown on
E4ubit A ). Owner warrants that such lots are riot and will not be made subject to any other
covenant or contract for such use without prior written consent of the City.
Dated this 20th day of December J$00.y Compaj;9) Name Xerox rporati on
Signature of Parking Site Owner(s)
•
f
0
01 0204706
(n (WE) the mortgage or trust deed beneficiary'agree to th above stated con ' 'ons by affixing (my)
(our) s:gnature hereto:
Signature of mortgage or trust deed beneficiary:
L~m -sue t 4v w L,
There is no mortgage or trust deed affecting this property. I declare under penalty of perjury that
the foregoing statement is true and correct. Executed at , California on
this ,'j,_ day of 4N ,jM�j i8
Signature of Parking Site Owner(s)
STATE OF CALIFORNIA }
}
COUNTY OF LOS ANGELES }
On ' A"?vA;q 2I zoo before me, 4NAPILWEs thaR24, ,v--, AVe poal i-i'a .
personally appeared L • s v.y R ; t_ o coC sl _
p@menaRjP kmmm 4o am* (or proved to we on the basis of satisfactory evidence) to be the
person*whose names) is /ass subscribed to the within instrument and aclmowledged to me
that he /shgf t e executed the same in his /hevAheir- authorized capacity(ies), and that by
his /hem signaturc(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
Witness my hand and official seal.
Signature
oFFLCtfIL SEAL
CHAALES
HWAAY Pue C�
uc ALiFOFHA
COMMISSION i 1127M C
Lob ANGELES COUNTY &
@,My Com dolor Exp. Fobnmry 26.2001
asaarrsr�oawawassassa=== �ssasasaasa :srsssassssar� = =sasaa :ss :ss�= �aaaaasssa
FOR DEPARTMENT USE ONLY:
Approved by �.' � K..�.�
0l(> d i Date \ nn =- Wi 4d=a (Title)
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�.,, e 7 Exhibit C
..,
e . 99'ifi43� �� Q ��Z • ., 11,,' ��
S
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COVENANT AND AGREEMENT REGARDING MAIM NANCE Of OFF-STREET PARKING SPACE
The wider ugned hereby certify Usat they are VW owners of the hereinafter ttruribed real urooerty located in the City... "
,
of El Mmundo, State of California. Z
Lots 1, 2 mad 3 and a Portion of Lott (Building, M2): and the leasaes of Lob 30 and 31 and portiotaa
....... »...» ............_ _ »... ». Il.sii.ii:rT :»rt __...._.._. ..._............ »_.._._._ »_...» ;
{:t _o; iota 32 and 35 (Building A&M, and of a potiioa o�Lot 301P lot El, ail ofTra.4285b7
as recconled in sook..675....._[. ft".PPk t8_, Rocads of Los Angela County. The ►or" fig addrins(n) it(erel:
tioi $ bUata��q +,rsveeIIea ii rS��odou� lv0iiiw�a`�oal�0°o.atBOa p�er�c�tq (r ofrEadLotEl...both ia..said .Ci
n►.-
►trreiunt to S an 30.54.070 of the El Saipsndo Municipal Coda the undo sip hereby covenam to an-0 agree vAth
a raid City that efhsito puking masts) conWrrirg usable and act come automobile parting spans as shown in Exhibit A. ....'.
wtk% comply with amid Coda. wdl be provided and maintained as follows on the above•described prooertyCresj to
lumsh Ow n omareC oarking for the use of Ow twridingf s) downbed rapr-tivoly heir inafter :.337- spaccL.at.3tt2..... '
_ »tend ],20 aces rL A&E for use at 555 South Aviation Boulevard (Building MI); and MRS yPaRS
at Lot L for use at 737 ..awaii Street (BuildiaR M7. l .in said City upon that land described as follows:
. »Lots 1�l Ii. l2� 13, 32 mad 35 (M1)i cod Lot28 mad a portion ofLot2_9 (!IS barb ofTraa =557 -
t�, ai recorded in x_675 �' 95 taro 98 Records of L.&rVelos Camay. TWs tw wwrR and arvemor t thdl ruff"?
r . wrath tha land of the owned
property and shalt be binding open atesaiva, "future trvvnrers, encumbrancers, dneir ::;i
*: successors, heirs or atsignea and shell continue in effect so long as the use or buikWV rpuirinq such parking it
maintained without providing off-street automobile perking spaces on thi seine lot onWo r wMhw lot as repuired•by
thoprovisions of said Code or unless otherwise released by +kthority of the Director of Development Services. t>ur title '•
to and right to .w the lots upon which the parking space it to be provided.will be wbserviaet to the Otto to rite
` premises upon whirls the struetm is to be erected and "I warm n that such tats are not and will not be made subject
to any other cowjum or corman for such use withan prior written consent of said City. �!
Daedthis 26th dgof. Jul
SiWai m of ParkingSigowners:_ _._ _.....-.-.-_ ...... .... ... ...... _ ._.. ..... _................... __ ... ..
:.; XEROX CORPORATION, by Melvin R. Raiser, Maaa`er, Real Estate Operations, Western U.S. '43
Thrre is no mortgage or tnrtt deed affecting these pmostrties. 1 declare under penalty of perjury that Use foregoinq
etoammaiserwandcorrem Eaeo►tadat..___ — ipegttttdo
i- iuraof ►arkingsit•own.a:.__.. ..____ ............. »..-?t-*,!4� _ _ _ .. .....��.
7CEROX CORPORATION, by Melvia R. Kaiser, Manager, Real Estate Operations. Western -U,&.-
;t i0aaaraetMOrttssioaar: Appreredfo►recordingby..... ............ . ._ `
Di ... t.or . .... ment�e.....
'STATE OF tJWFORNIA STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss' COUNTY OF IDS ANGELES } I&
p� r-- Jtily 26,
befaroie%tliiuriiliro a vusi...,in'tiriditir pre •.. _
fl1' befor* me 1J1ne wkf'erfrgnnid. Ilotiiy (Iti(i(lcrn a"'! is
said County and Scats. Oersonaly appe -red ... ............. tail count_ y be+d state • y4ovared known to
. ... -- _....__ »__........_- .._... .......- ...... me to be tthe niffifiei' if pr�ii t.
�. __ ...... .... _ ..... .... . . ............... .. CNe f CIp..etlnq.Officer end: of • S+ctetary :ot:.
.. .................. .......... ....... __............ ............. th eCo►porabonthrt -e eecut"- tlsewiWn Jnwument,
•=s
............. ............. ........ .... -- ............ _.... known to mototbethe- personi(s) riho eebasted the
_.- ..._ ........... ..... within 4naru iew an belydf of VwZonscroObn herein
knnW. tC me tc be the person erhCe! MTe ..... named, and aetteww ledged . to me that such ..
L: _subscribed to the within corporation teen_ the within Mstruriont
tdstrumennt and acknowledged that ......... ...... punuamt to its by,lows or s reseknien of its board of
executed uw some. directors.
WITNESS my hand andofficiod seal. WITNESS m and official soli.
....................... ._. »_.._ ... ........ (— .. _ ' MUM". ltJ►L_,
atlttrn
...r. 41 f,etlR:, aa' -
EXHIBIT L u
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Xerox Corporation
701 South Aviation Blvd.
El Segundo, CA 90245
Attention: Ms. Amy Feller
SPACE ABOVE THIS LINE FOR RECORDER'S USE
TERMINATION AGREEMENT
The City of El Segundo, a municipal corporation, and 555 Aviation Boulevard, Ltd., a California
limited partnership, hereby terminate that certain "Covenant and Agreement Regarding
Maintenance of Off -Street Parking Space ", dated December 20, 2000 and recorded February 07,
2001, as Instrument No. 01- 0204706, of Official Records of Los Angeles County, California; a
copy of which is attached hereto as Exhibit A and by this reference made a part hereof.
Said matter affects Lots 10, 11, 12, 13, 31, 32 and 35, all of Tract 26557, in the City of El
Segundo, County of Los Angeles, as per map recorded in Book 675, Pages 95 to 98, inclusive of
Maps in the Official Records of said County.
555 AVIATION CLEVARD, LTD.,
a California li rtnershiD
Le-M
State of California
County of Los Angeles
a
Partner
On X11 &s� 15,2_007 , before me,
v / 1 (insert ame title of the officer)
Notary Public, personally appeared L
personally known to me ( or preyed to be the
person(4 whose name(4 is /a1-& subscribed to the within instrument, and acknowledged to me that
he /shelhey executed the same in his/heB44@k authorized capacity(4es), and that by his/4,e�
signature on the instrument the person(4, or the entity upon behalf of which the person�s'f
acted, executed the instrument.
WITNESS my hand and official seal.
EXNIROT M
CWNKXkk ST DENW
ii%r1MVCcrnm. C0MMW iM * 1619283
NOAOiy Pubbe - C000miO
logy ArQo1.t C� Eq*w Nov 30,
pmw— — —!—:i
(Seal)
The City of El Segundo does not object to the recordation of the Termination Agreement,
CITY OF EL SEGUNDO
Its:
Dated:
ACKNOWLEDGEMENT FORM FOR CITY OF EL SEGUNDO
STATE OF CALIFORNIA }
}
COUNTY OF LOS ANGELES)
On before me,
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the
same in his /her authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
( 8.j
- WC0RDED REQUESTED BY:
City of El' Segundo
Co==UrI.iry, Economic and
Development Services Department
350 Main Street
Ei Segundo, CA 90245
WHEN RECORDED MAIL TO'
City of El Segundo
Comsauninl, Economic and
Development Services Department
350 Main Street
L Y of docume t - corded
aL
04'7�� een compared with original.
ill be returned when g has been completed. FEB 0 7 �Q$�
S COUNTY REGISTRAR RECORDER
FEB o r 7K 1
TITLE(S)
SPACE ABOVE TMS LNE FOR RECORDERS USE
COVENANT AND AGREEMENT REGARDING BLALTU ENANCE
OF OFF-STREET PARiMG
The undersigned hereby certify that we are the owners of the hereinafter legally described real
property ("Owners ") located in the City of El Segundo. State of California..
Lot 31, Lots 32 ar.A 35 of Trat:f 26557 .(Building A & E)
(Legal description of parldng site)
as recorded in Book 675 Page(s) 95 -98 , Records of Los Angeles County.
Parldngsiteaddress: 701 S. Aviation Boulevard
And pursuant to Section 20.54.130 of the El Segundo Municipal Code, the undersigned hereby
covenant and agree to and with said City that an off -site parldng area containing not less than
501 (nu=mber) usable and accessible automobile parking spaces as shown on Exhibit
which comply with the El Segundo Municipal Code Chapter 20.54 will be provided
and maintained an ve des 'bed ry e�tv provide the required parking for the use or the
budding located ai 5 � Av i aL on �ou�evar�
(Users 'l • in said City upon that
land legallydescriibedasfollows: I ntc i(),_1,l. 12, 13 (Building-MI) of Tract 26557
a:
(Legal description of use or building site)
as recorded in Book 675 Page (s) 95 -98 , Records of Los Angeles County.
This covenant and agreement shall run with the land and shall be binding uipoa the Owners and
its /his /her /thrr successors, heirs or assigns and shall continue is effect so long as the use or
building .requiring such parking is maintained without providing o$ -street automobile parldng
spaces on the same lot and /or another Iot as required by the provisions.-of the El Segundo
Municipal Code or unless otherwise released by authority of the Director of Planning and Building
Safety. Owners tittle to and right to use the property upon which the parlaag spaces is to be
provided will be subservient User's right to �5n1 (number) parsing spaces (Shown on
Exhibit -±—J. Owner wan-ants that such lots are not and will not be made subject to any other
covenant or contract for such use without prior written consent of the City. _
Dated this 20th day of December 900 Comp Nacr=e Xerox rporati on
Signature of Parking Site Owaer(s)
08F
(n (WE) the mortgage or trust deed beneficiary agree to the above stated con ' 'ons by affixing (my)
(our) signature hereto:
Signature of mortgage or trust deed beneficiary: '
There is no mortgage or trust deed affecting this property. t declare under penalty of perjury that
the foregoing statement is true and correct. Executed at , California on
this off_ day of v
Signature of Parking Site Owners) '/
STATE OF CALIFORNIA }
}
COUNTY OF LOS ANGELES }
On ZANY "►RY Z zoo before me, CN. A P-UV-S (4A2 l, Port-« ,
personally appeared s —.: ft R L e cx, 61
(or proved to me on the basis of satisfactory evidence) to be the
person*whose na=e(s) is /aF subscribed to the within instrument and aclmowledged to me
that he /she f t e executed the same in his /he4i2eir- authorized capacity(ies), and that by
his /her4dwir signature(s) on the instrument the person(si, or the entity upon behalf of which
the person(a) acted, executed the instrument.
Witness my hand and official seal.
Signature
OFFICIAL SEAL
CHARLES BARRY N
NOTARY PUBLIC - CALIPORM
COMMISSION i 1127815 C
LOS ANGELES COUNTY A
WIMy Comminkm Exp. FetHuuy 28, 2001
mas�rrrrrrrrsrsrrs= ssa _caavn= s�sra :�--- rarssresssaa� = aa�asssa= �c=== := aariaaaa
FOR DEPARTMENT USE ONLY: R... I /
Approved by Cl__� K.� -�s
C) } Date c-,,.1 1—c< <.� (title)
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
X- Factor, L.P.
9595 Wilshire Blvd., Suite 501
Beverly Hills, CA 90212
Attention: Mr. Behrouz Soroudi
SPACE ABOVE THIS LINE FOR RECORDER'S USE
TERMINATION AGREEMENT
The City of El Segundo, a municipal corporation, and X- FACTOR, L.P., a California limited
partnership, hereby terminate that certain "Covenant and Agreement Regarding Maintenance of
Off - Street Parking Space ", dated December 20, 2000 and recorded February 07, 2001, as
Instrument No. 01- 0204705, of Official Records of Los Angeles County, California attached
hereto as Exhibit A.
Said matter affects Lots 30, 31 and portions of Lots 32 and 35, all of Tract 26557, as per map
recorded in Book 675, Pages 95 to 98, inclusive of Maps in the Office of the County Recorder of
said County.
X- FACTOR, L.P., a California limited partnership
By: Panorama Delta, Inc., a C ifornia corporation
Its: N4mV&rg Partner
By:
Behrouz Soroudi
Its: Secretary
Dated: in I-?. l o- -
State of California
County of Los Angeles
On && .Z y�aO7 before me, �f/O �i, �I'I C
(insert a and tide of the��ffi fer)
Notary Public, personally appeared �E �o �t 2 0 �' 40 yOli
powetvaii 21 LW r proved to me on the basis of satisfactory evidenceo be the
person(s) whose name(s) isAwa subscribed to the within instrument, and acknowledged to me that
h� executed the same in his, :::.:authorized capacity4a&), and that by hiss
signatur*) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal. nvou FaicK
COmmiubn #E1474948
}� Nokn Pubic - CaRomia
Signature LO: Angwn Cow* -
My COmm. EVkw Mar 7, NN
e
}O
Xerox Corporation, a New York corporation, as lessee of the real property described in
the Termination Agreement, hereby consents to the recordation of the Termination Agreement.
XEROX CORPORATION,
a New York corporation
By: �6 L.0 ' (-) / / t) ')
Its: Manager, CRE Acquisitions & Dispositions
State of Virginia
County of Loudoun
On before me,
(insert name and title of the officer)
Notary Public, personally appeared Z - hu lL, WC�sf
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is /are subscribed to the within instrument, and acknowledged to me that
he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(Seal)
Cristlan Ali Guzman
NOTARY PUBLIC
Commonwealth of Virginia
My commission Expires 6/30/09
(;g
The City of El Segundo does not object to the recordation of the Termination Agreement.
CITY OF EL SEGUNDO
Its:
Dated:
ACKNOWLEDGEMENT FORM FOR CITY OF EL SEGUNDO
STATE OF CALIFORNIA
}
COUNTY OF LOS ANGELES)
On before me,
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the
same in his /her authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
092
,.
RECORDING REQUESTED BY
City of El Segundo Planning Division
350 Main Street
El Segundo, CA 90245
WHEN RECORDED MAIL TO:
City of El Segundo Planning Division
350 Main Street
El Segundo, CA 90245
COVENANT AND AGREEMENT REGARDING MAINTENANCE
OF OFF - STREET PARKING
The undersigned hereby certify that it is the lessee ( "Lessee ") of the hereinafter legally described
real property located in the City of El Segundo, State of California:
Portions of Lots 32 and 35 of Tract 26557 as recorded in Book 675, Pages 95 -98,
inclusive, of Records of Los Angeles County, as more particularly described on Exhibit
"A" attached hereto and by this reference made a part hereof (the "Parking Site ").
Parking Site Street Address: 701 S. Aviation Boulevard, El Segundo, CA
Pursuant to El Segundo Municipal Code ( "ESMC ") § 15-15-8, the undersigned covenant and agree that
an off -site parking area containing not less than 396 usable and accessible automobile parking spaces as
shown on Exhibit "B" attached hereto and by this reference made a part hereof which comply with ESMC
Title 15, Chapter 15 must be provided and maintained on the above described Parking Site to provide the
required parking for the use of the building leased by Lessee located at 555 S. Aviation Boulevard for the
hours of 7:00 am to 6:00 pm Monday through Friday only (except Federal Holidays) in said City upon
that land legally described as follows:
Lots 10, 11, 12 and 13 of Tract 26557, as recorded in Book 675 Pages 95 -98, inclusive,
of Records of Los Angeles County, as more particularly described on Exhibit "A" (the
'Building Site ").
This covenant and agreement runs with the leasehold interest of Lessee in the Parking Site and
the Building Site (the "Leased Property ") and is binding upon Lessee and its successors, heirs or assigns
and will continue in effect so long as Lessee has a leasehold interest in the Leased Property and the
Building Site requiring such parking is maintained without providing off - street automobile parking spaces
on the same lot and/or another lot as required by the ESMC or unless otherwise released by the City.
Lessee warrants that the Parking Site is not and will not be made subject to any other covenant or contract
for such use without prior written consent of the City.
Dated this 29th day of May, 2007. Company Name:
Signature of Lessee
XEROX CORPORATION,
a New York corporation
By
Its: Manager, CRE Acquisitions
and Dispositions
EXHIBIT N
093
There is no mortgage or trust deed affecting the leasehold interest. I declare under penalty of perjury that
the foregoing statement is true and correct. Executed at Leesburg, Virginia on this 29°' day of May, 2007.
Signature of Lessee XEROX CORPORATION, .�
a New York corporation
By: ,'.J
Its: Manager, CRE Acquisitions and Dispositions
09,14
State of Virginia
County of Loudoun
On Q7efore me,
(insr name and title of the officer)
Notary Public, personally appeared ClfC� G S
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is /are subscribed to the within instrument, and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
Ea I NKM b *
* j ear TMI B~
FOR DEPARTMENT USE ONLY:
(Seal)
This is to certify that any interests in real property conveyed to the City by this Covenant are accepted
pursuant to authority granted by City Council Resolution No. 4255, adopted April 2, 2002 and the City
consents to recordation.
Approved by:
Jeff Stewart, City Manager
Date:
095
EXHIBIT "A"
LEGAL DESCRIPTION
Portions of Lots 32 and 35 ('Parking Site ")
That portion of said Lots 32 and 35 of Tract 26557, in the City of El Segundo, County of Los Angeles,
State of California, as per map recorded in Book 675, Pages 95 to 98, inclusive, of Maps, in the Office of
the County Recorder of said County, lying Northerly of a line that is parallel with the Northerly line of
said Lot 32 and the Easterly prolongation thereof, and distant 70.00 feet Southerly therefrom, measured at
right angles.
Lots 10, 11, 12 and 13 ('Building Site ")
Lots 10, 11, 12 and 13 of Tract 26557, in the City of El Segundo, County of Los Angeles, State of
California, as per map recorded in Book 675, Pages 95 to 98, inclusive, of Maps, in the Office of the
County Recorder of said County
096
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1DD117Y of LDS ANSELES. CAL IF-
2/10/2007
RECORDING REQUESTED BY
City of El Segundo Planning Division
350 Main Street
El Segundo, CA 90245
WHEN RECORDED MAIL TO:
City of El Segundo Planning Division
350 Main Street
El Segundo, CA 90245
SPACE ABOVE THIS LINE FOR RECORDER'S USE
COVENANT AND AGREEMENT REGARDING MAINTENANCE
OF OFF - STREET PARKING DURING PENDENCY OF LEASE
The undersigned hereby certify that it is the lessee ( "Lessee ") of the hereinafter legally described
real property located in the City of El Segundo, State of California consisting of the following:
Lot 30 of Tract 26557 as recorded in Book 675, Pages 95 -98, inclusive, of Records of
Los Angeles County, as more particularly described on Exhibit "A" attached hereto and
by this reference made a part hereof (the "Parking Site ").
Pursuant to El Segundo Municipal Code ( "ESMC ") § 15 -15 -8 , the undersigned covenants and agrees that
a parking area containing not less than 490 usable and accessible automobile surface parking spaces as
shown on Exhibit "B" attached hereto and by this reference made a part hereof which comply with ESMC
Title 15, Chapter 15 must be provided and maintained on the above described Parking Site to provide the
required parking for the use of the building leased by Lessee located at 701 S. Aviation Boulevard during
the hours of 7:00 am to 6:00 pm Monday through Friday only (except Federal Holidays) in said City upon
that land legally described as follows (the "Parking Covenant ":
Lot 31 and portions of Lots 32 and 35 of Tract 26557, as recorded in Book 675 Pages 95-
98, inclusive, of Records of Los Angeles County, as more particularly described on
Exhibit "A" (the "Building Site ").
This Parking Covenant is made with specific reference to that certain Lease Agreement dated
December 20, 1968, as amended, by and between X- Factor, L.P., as Lessor (by succession) and Xerox
Corporation, as Lessee (by succession), whereby said Lessee leases the Building Site and the Parking Site
(the "Lease "). The term of the Lease expires December 31, 2013, unless Lessee exercises its option to
extend, in which event the term of the Lease expires December 31, 2023 (the "Lease Expiration Date ").
Notwithstanding any other provision in this document or in the Lease expressly or impliedly to
the contrary:
(1) the Parking Covenant is fully and for all times subordinate to, and does not in any way
affect or encumber, the fee title interests of the present or future owner(s) of the Building Site
and/or the Parking Site (alternatively, an "Owner" and collectively, the "Owners "), but is
expressly tied solely to the Lease and the occupancy of Xerox and its successors and assigns
(collectively, "Lessee ") under the Lease for purposes of its duration and effectiveness, and is
binding upon Lessee and Lessor;
(2) the Parking Covenant expires automatically and in its entirety on the sooner of the
following (the "Parking Covenant Expiration Date "): (A) midnight on the Lease Expiration Date,
or (B) any earlier date of termination of the Lease pursuant to the Lease, or (C) the date that the 099
-
Parking Covenant is no longer required by the SSMC or the obligation to record such Parking
Covenant is otherwise released in writing by the City with respect to Lessee's use of the Parking
Site; and
(3) From and after said Parking Covenant Expiration Date, this document, and the Parking
Covenant contained herein, shall have no further force or effect whatsoever.
Without limiting the generality of the foregoing, it is specifically acknowledged and agreed that,
after the Parking Covenant Expiration Date, neither this document nor the Parking Covenant contained
herein shall have any relevance whatsoever to any right of title to, or possession of, or use of, any portion
of the Building Site or the Parking Site.
If requested by any then - current Owner of either the Building Site or the Parking Site, at any time
after the Parking Covenant Expiration Date, the Lessee agrees to promptly execute, acknowledge and
deliver to any Owner a specific release of this Parking Covenant, in either case in recordable form, which
may then be recorded in the Official Records of Los Angeles County (the "Official Records "), but no
such release shall be necessary to clear title to the Building Site or the Parking Site of the effect of this
document or of the Parking Covenant herein. In addition, any Owner may, after the Parking Covenant
Expiration Date, unilaterally terminate and release of record this document and the Parking Covenant by
filing in the Official Records an affidavit executed and sworn to by any of said Owners stating that the
Lease and the Parking Covenant have expired; no joinder of or consent by Lessee shall be required with
respect to the execution, acknowledgement and recording of any such affidavit.
Lessee represents, warrants and agrees that the Parking Site is not and will not be made (by
Lessee) subject to any other covenant or contract relative to its use, without the prior written consent of
the City.
Dated this __ -2T,d_ day of October, 2007 Company Name: XEROX CORPORATION,
a New York corporation
Signature cf Lessee
By
Its: Manager, CRE Acquisitions & Dispositions
11� +1
There is no mortgage or trust deed affecting the leasehold interest. I declare under penalty of perjury that
the foregoing statement is true and correct. Executed at _Leesburg, VA on this 2nd
day of October , 2007.
Signature of Lessee XEROX CORPORATION,
a New York corporation
Its: Manager, CRE Acquisitions & Dispositions
State of Virginia
County of Loudoun
On before me, `�
insert name and title of the officer)
Notary Public, personally appeared - - �aiLCA Q 5 ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is /are subscribed to the within instrument, and acknowledged to me that he /she /they executed the
same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
FOR DEPARTMENT USE ONLY:
JESSICA DANKMEYER
Notary Public
Commonwealth of Virginia
7052427
My Commission Expires Oct 31, 2010
(Seal)
This is to certify that any interests in real property conveyed to the City by this Covenant are accepted
pursuant to authority granted by City Council Resolution No. 4255, adopted April 2, 2002 and the City
consents to recordation.
Approved by:
Jeff Stewart, City Manager
Date:
a
1' 01
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 30 ( "Parking Site ")
Lot 30 of Tract 26557, in the City of El Segundo, County of Los Angeles, State of California, as per map
recorded in Book 675, Pages 95 to 98, inclusive, of Maps, in the Office of the County Recorder of said
County.
Lots 31 and Portions of Lots 32 and 35 ( "Building Site ")
Lot 31 and that portion of Lots 32 and 35 of Tract No. 26557, in the City of El Segundo, County of Los
Angeles, State of California, as per map recorded in Book 675, Pages 95 to 98, inclusive of Maps, in the
Office of the County Recorder of said County, lying Southerly of a line that is parallel with the Northerly
line of said Lot 32 and the Easterly prolongation thereof, and distant 70.0 feet Southerly therefrom,
measured at right angles.
i��
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Page 1 of 1
2/10/2007
RECORDED REQUESTED BY:
City of El Segundo
Planning and Building Safety
350 Main Street
El Segundo, CA 90245
WHEN RECORDED MAIL TO:
City of El Segundo
Attn: director Planning and Building Safety
350 Main Street
El Segundo, CA 90245
AB
TITLE(S)
RVED FOR
CERTIFICATE OF COMPLIANCE
REQUEST FOR CERTIFICATE OF COMPLIANCE
City of El Segundo
I/We the undersigned owner(s) of record of real property within the City of El Segundo, County of Los
Angeles, hereby REQUEST the City of EI Segundo to determine if said real property described below
complies with the provisions of the Subdivision Map Act (Sec. 66410 et. seq., Government Code,
State of California) and the City Subdivision Ordinance.
Date: f 555 AVIATION
a California#*
in
ULEVARD, LTD.,
partnership
ell, General Partner
PROPERTY DESCRIPTION 701 S. Aviation Blvd. - Building M1 - APN 4138 - 009 -016
Portions of Lots 32 and 35
The portions of said Lots 32 and 35 of Tract 26557, in the City of El Segundo, County of Los Angeles,
State of California, as per map recorded in Book 675, Pages 95 to 98, inclusive of Maps, in the Office
of the County Recorder of said County, lying Northerly of a line that is parallel with the Northerly line
of said Lot 32 and the Easterly prolongation thereof, and distant 70.0 feet Southerly therefrom,
measured at right angles.
DETERMINATION OF COMPLIANCE
I hereby certify that the above described parcel complies with the applicable provisions of the Subdivision
Map Act and of the City Subdivision Ordinance and may be sold, financed or transferred in full compliance
With all applicable provisions of the Subdivision Map Act and of the City of EI Segundo Subdivision
Ordinance.
Date: CITY OF EL SEGUNDO
By: Title:
Fy1 iarr n
r
ACKNOWLEDGEMENT FORM FOR PROPERTY OWNER(S)
STATE OF CALIFORNIA }
}
COUNTY OF LOS ANGELES)
On
personal l)'appeared
before me, �'�ii ►rug, r
personally known to me ( to be the personv whose
name(p6 is /me subscribed to the within instrument and acknowledged to me that he /sheA -hey executed the
same in his /lam authorized capacity(4es), and that by his/4e4their signature on the instrument the
personol, or the entity upon behalf of which the person($) acted, executed the instrument.
WITNESS my hand and official seal.
CHMIOULA It
08M CcnMtMMlon � 1616263
NtD101y RAIc - CaMbtnla
loa IM1prNt CaaxMy -
MyCenrn. EtpitN Nov J0,
Signature
ACKNOWLEDGEMENT FORM FOR CITY OF EL SEGUNDO
STATE OF CALIFORNIA
)
COUNTY OF LOS ANGELES)
On before me,
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the
same in his /her authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
Approved by:
City Engineer
Date:
P: PBS1Forms- Planning%pplications 12006 -08 -02 Certificate of Comphance.doc U V
August 13 , 2007
VIA MESSENGER
City of El Segundo
350 Main Street
El Segundo, CA 90245
Attention: Gary D. Chicots, Director of
Planning and Building Safety
14572 -088A (M1)
Re: Letter of Authorization to Process Environmental Assessment EA -750 and
Certificate of Compliance No. 07 -01 (the "Applications ")
555 Aviation Boulevard, El Segundo, CA 90245 (the "Property ")
Dear Mr. Chicots:
The undersigned, as the owner of the Property, requests the City of El Segundo to process
and approve the above - referenced Applications submitted on behalf of the undersigned and
Xerox Corporation ( "Xerox ") as lessee of the Property which Applications include the following:
(a) Certificate of Compliance Request for Certificate of Compliance City of El
Segundo.
(b) Termination Agreement — Building M1 terminating the existing Covenant and
Agreement Regarding Maintenance of Off - Street Parking Space recorded February 7, 2001 as
Instrument No. 01- 0204706 (the "2001 Parking Covenant ").
(c) New Covenant and Agreement Regarding Maintenance of Off -Street Parking
executed by Xerox to be recorded against Xerox's leasehold interest in the Property.
(d) Partners' Certificate authorizing Larry Worchell to execute the foregoing
documents on behalf of 555 Aviation Boulevard, Ltd.
i v :�
City of El Segundo
August 1zj , 2007
Page 2
This letter also constitutes the authorization of the undersigned for J.C. Chang &
Associates to submit and process the Applications on behalf of the
555 Aviation Boule
a California limited
ACKNOWLEDGMENT
State of Californi
County of
On 2-00 7 before me, L�� �` i 501kl OG �t . DMI Is
(i ert a and title of the officer)
Notary Public, personally appeared
personally known to me ( ) to be the
person(4 whose name is /afe subscribed to the within instrument, and acknowledged to me that
he/sh&4hoy executed the same in his /her4heir authorized capacity(ies), and that by his/4en4hoiF
signature(g) on the instrument the person(4, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
i') Me R '
1.1ji W4
4//-/, M-41
CHRSOULA fr. DOM
Cmm inbn # 1618283
Hawy ftd*c - Cu"Wft
Los AnpWw coure1r ff
W Comm. Ep0w Nov 30,
(Seal)
iii
555 AVIATION BOULEVARD, LTD.
c/o Larry Worchell
4221 Wilshire Blvd., Suite 430
Los Angeles, CA 90010
(323) 934 -1400
May 31, 2007
VIA FEDERAL EXPRESS
City of El Segundo
350 Main Street
E1 Segundo, CA 90245
Attn: Gary D. Chicots, Director
of Planning and Building Safety
Re: 555 Aviation Boulevard, E1 Segundo ( "Property ") :
Letter of Authorization to Process Certificate of
Compliance and Parking Covenant Application
Dear Mr. Chicots:
The undersigned, owner of the above - referenced Property,
requests the City of E1 Segundo to process and approve the
following applications ( "Applications ") submitted on behalf of
the undersigned and Xerox Corporation ( "Xerox ") as lessee of the
Property:
(1) Certificate of Compliance Request for Certificate of
Compliance City of E1 Segundo;
(2) Termination Agreement terminating the existing Covenant
and Agreement Regarding Maintenance of Off- Street Parking Space
recorded February 7, 2001, as Instrument No. 01- 0204706 (the
"2001 Parking Covenant ");
(3) New Covenant and Agreement Regarding Maintenance of Off -
Street Parking executed by Xerox to be recorded against Xerox's
leasehold interest in the Property and to replace the 2001
Parking Covenant; and
(4) Partner's Certificate authorizing Larry Worchell to
execute the foregoing documents on behalf of 555 Aviation
Boulevard, Ltd.
555 Aviation BoUlevard, Ltd., a
q California L ' ed Partnership J IN 012007
By
La o chell eneral Partner EA- 750;cc07 -01
555 Aviation Blvd LTD& X- Foctor
LP
EXHIBIT 0
PARTNERS' CERTIFICATE
THIS PARTNERS' CERTIFICATE ( "Certificate ") is given as of 3 * , 2007,
by the undersigned Partners of 555 Aviation Boulevard, Ltd., a California limiikd partnership
( "Owner ") in favor of the City of El Segundo (the "City "). This Certificate is given to the City
in connection with the application for which Owner is seeking approval pursuant to the attached
Letter of Authorization. The undersigned hereby certify that Larry Worcpell, as General Partner
of the Owner, has the authority: I
Compliance;
(i) To execute the Certificate of Compliance Request for Certificate of
(ii) To execute the Termination Agreement;
(iii) To execute the Covenant and Agreement Regarding Maintenance of
Off - Street Parking; and
(iv) To execute and deliver any and all other documents and to take any and all
actions required by the Owner that may be necessary or desirable in connection with the
Applications.
555 AVIATION BOULEVARD, LTD.,
a -
FAREAL \873 \14572 \088A\Kravetz Docs\Partners Ml.doc
Its:
-
`yt
JUN 012007
EA- 750;CC 07 -01
555 Aviation Blvd LTD& X- Factor
LP
119
Law Offices Of
ROBERT P. ANDREANI
Citigroup Center
444 S. Flower Street
Fifth Floor, Suite 500
Los Angeles, California 90071 -2906
TEL 213- 891 -9555
FAX 213 - 891 -1515
December 5, 2007
2007
ROBERT P. ANDREANI
213- 891 -9555
E -Mail: Bob.Andreani(Wsbeglobal.net
VIA E -MAIL
El Segundo Planning Commission
c/o Mr. Gary Chicots, Planning Director (GChicotsaa,ElSegundo.=)
and Ms. Kimberly Christensen, Planning Manager (KChristensenaa,ElSegundo.org)
Planning & Building Safety Department
of the City of El Segundo
350 Main Street
El Segundo, California 90245 -3813
Re: Intention to Record Notice of Violation —
Government Code Section 66499.36 — 701 S. Aviation Boulevard:
Written Submission by X- Factor, L.P.
in Support of Request for Postponement of Decision
To The Honorable Members of the Planning Commission:
I am legal counsel to X- Factor, L.P., a California limited partnership
( "X- Factor'). X- Factor is the current owner of real property improved with a single,
large 3 -story commercial building commonly known as 701 S. Aviation Boulevard in El
Segundo (the "701 Property "). On about October 15, 2007, the Planning & Building
Safety Department of the City of El Segundo (the " ff') sent X- Factor a written notice
entitled "Notice of Violation: Intention To Record A Notice of Violation in Accordance
With Government Code Section 66499.36" (the "Notice "), alleging in effect that there is a
technical violation of the California Subdivision Map Act (the "Map Act'), allegedly
because one of the boundaries of the 701 Property was improperly created by a grant
deed in 1967 when the land was vacant. The Notice states that the City Planning
Commission (the "Planning Commission ") has set a date of December 13, 2007 to
conduct a hearing (the "Hearing ") for the purpose of deciding whether or not to record a
Notice of Violation against the 701 Property. I met with City Planning & Building Safety
5005120.002 MyD
EXHIBIT R
X13
El Segundo City Planning Commission December 5, 2007
X- Factor, L.P. Submission 12 -13 -07 Hearing 701 Aviation Blvd.
Director Gary Chicots and Ms. Kimberly Christensen, City Planning Manager
(collectively, "Planning Staff") last week on this matter, and in furtherance of that
meeting, I submit this letter on behalf of X- Factor to assist the Planning Commission in
its evaluation of this matter. X- Factor respectfully requests that the Planning
Commission postpone rendering a decision at the Hearing on the merits of the alleged
violation, and allow X- Factor six (6) months time to undertake various efforts described
below to attempt to resolve the numerous, interrelated problems that are directly
associated with this matter.
I. INTRODUCTION
X- Factor, a passive investor /landlord, purchased the 701 Property in 2003 from
TIAA Realty, Inc., an affiliate of Teachers Insurance and Annuity. Xerox was, and still
is, the sole tenant of the entire building under a triple -net lease, since 1968. For almost
40 years, this 300,000+ square foot building, as originally constructed, has remained
exactly the same and has been used for the same type of commercial office and related
uses, and no one complained about any alleged failure to comply with any law, including
the Map Act. The City issued both a building permit for the original building
construction (in July 1967) and Certificates of Occupancy (in December 1968, and May
of 1976), copies of which are attached hereto as Exhibits "A ", "B" and "C ", respectively,
for your reference.
In late 2006, Xerox approached X- Factor and asked for permission to engage in
substantial new construction activities at the 701 Property. X- Factor has neither
consented nor agreed to allow Xerox to proceed, because, among other things, the
proposed construction will reduce the value of the building and Xerox is in material
breach of its lease: Among other things, in 2001, Xerox misrepresented itself as being
the "owner" of the 701 Property and signed and recorded parking covenants which
burdened the 701 Property by allocating many of its parking spaces to another property
(555 Aviation Boulevard) which was also occupied by Xerox. There is an arbitration
proceeding which is currently pending between Xerox and X- Factor to resolve this and
other controversies.
Nonetheless, Xerox has repeatedly demanded permission and has engaged in
certain activities involving the City and its Planning and Building Department staff which
resulted in the City generating the Notice which we now must address. X- Factor has
undertaken no activities, has requested no building or other permits, and has done nothing
to seek any benefits from the City. Yet X- Factor, and not Xerox, is now being called
upon to respond to a notice claiming a violation which carries serious adverse
consequences to X- Factor.
114
5005120.002 MyD 2
El Segundo City Planning Commission
X- Factor, L.P. Submission 12 -13 -07 Hearing
December 5, 2007
701 Aviation Blvd.
As discussed more fully herein, the activities of Xerox, undertaken despite
X- Factor's refusal to consent to the proposed construction, have given rise to the
following problems now faced by X- Factor: `
1. Apparently, Xerox commissioned a survey, and delivered copies to the City
and the adjoining landowner, as a result of which the City has issued its
Notice of a Map Act violation; and
2. The adjoining landowner is now claiming that this survey shows certain
structures erected in 1968 "encroach" on its property.
Why is X- Factor facing these issues only now after 40 years? Why is the City
involving itself in what is essentially a private dispute between Xerox and the 701
Property owner? Has Xerox somehow involved the City and the adjoining landowner in
this dispute in the hopes of gaining some leverage over X- Factor in the arbitration
proceeding?
As the above questions and the comments below demonstrate, the-nL are
substantial legal and factual issues which must be considered and resolved before the
Planning Commission should take any step which could irreparably infrink f; upon
X- Factor's rights to maintain the 701 Property in the same condition that it has appa :ently
been in for the past 40 years.
11. MAP ACT COMPLIANCE ISSUES
At the outset, it is in the interests of both the City and X- Factor to dete:?nine
whether or not there actually is a "violation" of the Map Act. The current Map r�ct was
effectively not even in existence until March 4, 1972. The deed which created the current
lot configuration and "crossed" over existing parcel lines was, according to the City's
own Notice, recorded in 1967, about 5 years prior to the effectiveness of the Map Act.
First, it is necessary to confirm how the current lot configuration came about. As
Planning Staff has acknowledged, that is a complicated task. There are lots of lots and
multiple parties, past and present, to contend with and to account for. What we do know
at this point is that (a) X- Factor currently owns two parcels (Lot 30 and Lot 31) in their
entirety, and "portions" of Lots 32 and 35, with the 701 Aviation building sitting on Lots
31, 32 and 35; (b) 555 Aviation Boulevard, Ltd. (the "555 Owner ") apparently owns
other portions of Lot 32 and 35, as well as Lots 10, 11, 12 and 13, on which is situated a
building commonly known as 555 Aviation Boulevard (the "555 Property "); (c) legal
descriptions found in various deeds from 1967 forward describe the common boundary of
the respective properties as being a designated number of feet east, or west, of the lot
lines of some of these lots; (d) Lot 30, the so- called "parking parcel ", is physically
separated from Lots 31, 32 and 35 by Hawaii Street, and is utilized by Xerox as part of its
parking for its occupancy of the 701 Property building; and (e) the 555 Property building
5005120.002 MyD 3 1 I J
El Segundo City Planning Commission December 5, 2007
X- Factor, L.P. Submission 12 -13 -07 Hearing 701 Aviation Blvd.
apparently utilizes parking on portions of Lots 32 and 35, as does the 701 Property
building. Chain -of -title and other title search activities are needed to attempt to ascertain
how this complicated scenario came about and to confirm the respective rights of the
parties involved.
Even assuming, for the sake of argument only, that the 1967 deed constitutes an
improper act by today's standards, the Map Act provides several exceptions to strict
enforcement of its subdivision requirements, including exceptions that apply in instances
where the alleged violation occurred before the Map Act's effective enactment. One such
exception relates to the question of whether or not there were relevant local subdivision
ordinances in place at the time. We have asked Planning Staff to research that and
provide us with copies of any such historical ordinances so that they can be evaluated.
In addition, as referenced above, the City has issued a number of discretionary
approvals and permits over the years, such as building permits and certificates of
occupancy. The effect of these municipal approvals must also be researched and
evaluated in light of the alleged Map Act violation.
Furthermore, since 1967, there have been several subsequent conveyances of the
701 Property to other owners. When X- Factor purchased the property in 2003, X- Factor
had no actual or constructive knowledge of any Map Act violations. This could also lead
to legal and equitable defenses against any enforcement actions at this time.
III. LOT LINE ADJUSTMENT ISSUES
Planning Staff has advised us that the Map Act violation would be best addressed
by proceeding with a Lot Line Adjustment involving the common property line between
the 701 Property and the 555 Property. This by necessity would require that the 555
Owner agree with X- Factor on the location of the proposed adjusted lot line, since the
two owners now share, and would continue to share, that property line. The 555 Owner
has recently notified X- Factor, in writing, that the property line separating 555 from 701
Aviation that was created by the 1967 deed, is drawn in such a way that some of the walls
and other improvements from X- Factor's 701 Property cross -over the property line and
"encroach" upon the 555 Property. Although X- Factor denies the contention that there is
any actionable encroachment, the survey map that was supplied by the 555 Owner, and
certain diagrams that were shown to us by Planning Staff, purport to show that the
existing property line does cut across some existing improvements on the 701 Property.
The 555 Owner, through its legal counsel, Bryan Kravetz, Esq., has demanded
that X- Factor agree to remove the allegedly encroaching improvements in the event of
any sale or any change in use or occupancy of the 701 Property or the 555 Property, as
well as other triggering events. Such a requirement is neither fair nor acceptable to
X- Factor. X- Factor believes that it has legal and other rights to the ownership,
4
5005120.002 MyD 1 r
El Segundo City Planning Commission December 5, 2007
X- Factor, L.P. Submission 12 -13 -07 Hearing 701 Aviation Blvd.
possession and use of ALL of its improvements, regardless of where they are situated in
relation to the current property line. No Lot Line Adjustment is therefore possible unless
and until X- Factor and the 555 Owner can resolve their differences on this important
issue.
Regardless of whether the relevant parties agree that the Lot Line Adjustment
should affirm the property line in its existing location or should be relocated, additional
research, inquiries and inspections must be undertaken to insure that no underground
utilities or other non - visible existing improvements are adversely affected or require the
use of relevant easements or licenses to maintain. This also requires additional time for
careful analysis.
IV. PARKING COVENANTS
As referenced above, in 2001, Xerox misrepresented itself as being the "owner" of
the 701 Property and signed and recorded a parking covenant which burdened the 701
Property by allocating many of its parking spaces to the neighboring 555 Property which
-
was also occupied by Xerox. In addition, Xerox also improperly signed and recorded a
second parking covenant which required that the parking spaces on Lot 30 be "tied" to-
the building on the 701 Property. (Such 2001 parking covenants are sometimes
collectively referred to herein as the "2001 Parking Covenants ".) Such actions by Xerox
were expressly forbidden by and are a material breach under the terms of the operative
lease between X- Factor as landlord and Xerox as tenant of the 701 Property. When these•
improper acts were discovered by X- Factor, X- Factor demanded that Xerox rectify the
problems by releasing the improper 2001 Parking Covenants. Xerox prepared proposed
releases and terminations of the 2001 Parking Covenants (collectively, the "Parkin
Terminations "), and Xerox and X- Factor jointly prepared a new proposed parking
covenant which would allocate parking from Lot 30 to the 701 Property for the remaining
term of Xerox's lease and occupancy of the 701 Property (the "New Parking Covenant "),
which Xerox has tendered to Planning Staff. Planning Staff in fact wants the parties to
enter into the New Parking Covenant. Unfortunately, however, Planning Staff has also
indicated that it believes it cannot accept the Parking Terminations or the New Parking
Covenant, unless and until a full Certificate of Compliance procedure is implemented by
X- Factor and by the 555 Owner, which involves, among other things, the accomplishing
of a Lot Line Adjustment. For the reasons discussed above and others, a Lot Line
Adjustment is not possible until the parties resolve their differences concerning the
location of the line and the alleged encroachment.
lli
5005120.002 MyD 5
El Segundo City Planning Commission
X- Factor, L.P. Submission 12 -13 -07 Hearing
V. THIRD PARTY CLAIMS
December 5, 2007
701 Aviation Blvd.
X- Factor is in the processing of doing a complete "chain of title" analysis of the
various ownership transfers and has engaged a title company for assistance. This may
lead to claims against its seller and or other prior owners or other third parties who may
have responsibility or liability in connection with this alleged Map Act violation. Further
time is needed for this work to be completed.
VI. INSURANCE
X- Factor is also in the process of evaluating its insurance coverage rights. The
postponement of the Hearing is also necessary to allow X- Factor sufficient time to
evaluate such rights and, if appropriate, to tender the defense of this matter to its
insurance carrier.
VII. CONSEQUENCES OF PREMATURE CITY ACTIONS
There are several material adverse consequences that would result from the
Planning Commission rendering a decision against X- Factor at the Hearing and recording
a Notice of Violation against the 701 Property. Such a decision and recordation would
effectively immediately render the 701 Property objectively unmarketable, and non -
finance -able. No one will be willing to buy the 701 Property and no lender will extend a
loan on it. No title company will be willing to issue any title insurance regarding the 701
Property. The rights of X- Factor's existing lender for the 701 Property could also be
adversely affected. Such action will result in damages to X- Factor which would be
substantial, and if the actions of the Planning Commission and the City are not absolutely
and completely justifiable on the present record, could lead to actionable liability
exposure. On the other hand, a postponement of action by the Planning Commission at
this time would be fully justified and free of any risk of challenge or exposure.
VIII. CONCLUSION
There may not even be a Map Act violation here at all. In any event, there are
substantial unanswered factual and legal questions which need to be carefully examined
and resolved before the Planning Commission should take any official action on the
merits in this matter. With the current state of affairs, neither a Lot Line Adjustment nor
a new set of parking covenants can even be accomplished, and those are the two main
substantive actions that the Planning Staff has indicated it wants X- Factor to undertake.
If the City were to record a Notice of Violation against the 701 Property now, serious
harm to X- Factor would immediately occur, and no good purpose would be served.
l�s
5005120.002 MyD 6
El Segundo City Planning Commission
X- Factor, L.P. Submission 12 -13 -07 Hearing
December 5, 2007
701 Aviation Blvd.
Premature action by the Planning Commission at the Hearing could lead to liability
exposure; postponement to allow for careful, informed analysis is risk -free. Accordingly,
X- Factor respectfully asks the Planning Commission to defer any substantive decision on
the subject Notice of Violation at this time and to grant X- Factor a six (6) month
extension of time on this matter.
Respectfully submitted,
Law Offices of Robert P. Andreani
Counsel for X- Factor L.P.
B
L
Robert P. Andreani
[Exhibits "A ", "B" and "C" Attached]
RPA: rel
cc: X- Factor, L.P.
I.9
5005120.002 MyD 7
El Segundo City Planning Commission
X-Factor, L.P. Submission 12-13-07 Hearing
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X-Factor, L.P. Submission 12 -13 -07 Hearing 701 Aviation Blvd.
EXHIBIT 66C99
Certificate of Occupancy (2)
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RECORDED REQUESTED BY:
City of El Segundo
Planning and Building Safety
350 Main Street
El Segundo, CA 90245
WHEN RECORDED MAIL TO:
City of El Segundo
Attn: director Planning and Building Safety
350 Main Street
El Segundo, CA 90245
ABOVE THIS
TITLE(S)
USE
CERTIFICATE OF COMPLIANCE
REQUEST FOR CER hFICATE OF COMPLIANCE
City of El Segundo
I/We the undersigned owner(s) of record of real property within the City of El Segundo, County of Los
Angeles, hereby REQUEST the City of El Segundo to determine if said real property described below
complies with the provisions of the Subdivision Map Act (Sec. 66410 et. seq., Government Code,
State of California) and the City Subdivision Ordinance.
Date: �� 555 AVIATION PO ULEVARD, LTD.,
a CalifornigWited partnership
;'Vg h
ell, General Partner
PROPERTY DESCRIPTION 701 S. Aviation Blvd. - Building M1 - APN 4138 - 009 -016
Portions of Lots 32 and 35
The portions of said Lots 32 and 35 of Tract 26557, in the City of EI Segundo, County of Los Angeles,
State of California, as per map recorded in Book 675, Pages 95 to 98, inclusive of Maps, in the Office
of the County Recorder of said County, lying Northerly of a line that is parallel with the Northerly line
of said Lot 32 and the Easterly prolongation thereof, and distant 70.0 feet Southerly therefrom,
measured at right angles.
DETERMINATION OF COMPLIANCE
I hereby certify that the above described parcel complies with the applicable provisions of the Subdivision
Map Act and of the City Subdivision Ordinance and may be sold, financed or transferred in full compliance
With all applicable provisions of the Subdivision Map Act and of the City of El Segundo Subdivision
Ordinance.
Date: CITY OF EL SEGUNDO
By: Title:
Fyulurr e
ACKNOWLEDGEMENT FORM FOR PROPERTY OWNER(S)
STATE OF CALIFORNIA
}
COUNTY OF LOS ANGELES }
Ali
personall�lappeared
personally known to me ( to be the person whose
name(O is /are subscribed to the within instrument and acknowledged to me that he /s#e executed the
same in his /4ef authorized capacity(fes), and that by his /4ef#Hs-4r signatureW on the instrument the
personoll or the entity upon behalf of which the person(,S'j acted, executed the instrument.
WITNESS my hand and official seal. CrINoutAK oos
Coma+IWon 1 1616263
Naoq► ►calla - :Wow ft
Lm AngWw County —
MYComm. B 11:1 ra► 30,
Signature !G
ACKNOWLEDGEMENT FORM FOR CITY OF EL SEGUNDO
STATE OF CALIFORNIA
}
COUNTY OF LOS ANGELES)
On before me,
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the
same in his /her authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
Approved by:
City Engineer
P: PBS1Forms- PlanninglApplications 12006 -68-02 Certificate of Compliance.doc
2
Date:
IJ
August II 3 , 2007
VIA MESSENGER
City of El Segundo
350 Main Street
El Segundo, CA 90245
Attention: Gary D. Chicots, Director of
Planning and Building Safety
14572 -OBBA (M 1 )
Re: Letter of Authorization to Process Environmental Assessment EA -750 and
Certificate of Compliance No. 07 -01 (the "Applications ")
555 Aviation Boulevard, El Segundo, CA 90245 (the "Property")
Dear Mr. Chicots:
The undersigned, as the owner of the Property, requests the City of El Segundo to process
and approve the above - referenced Applications submitted on behalf of the undersigned and
Xerox Corporation ( "Xerox ") as lessee of the Property which Applications include the following:
(a) Certificate of Compliance Request for Certificate of Compliance City of El
Segundo.
(b) Termination Agreement — Building M1 terminating the existing Covenant and
Agreement Regarding Maintenance of Off - Street Parking Space recorded February 7, 2001 as
Instrument No. 01- 0204706 (the "2001 Parking Covenant ").
(c) New Covenant and Agreement Regarding Maintenance of Off - Street Parking
executed by Xerox to be recorded against Xerox's leasehold interest in the Property.
(d) Partners' Certificate authorizing Larry Worchell to execute the foregoing
documents on behalf of 555 Aviation Boulevard, Ltd.
1��
City of El Segundo
August, 2007
Page 2
This letter also constitutes the authorization of the undersigned for J.C. Chang &
Associates to submit and process the Applications on behalf of the
555 Aviation Boule
a California limited
ACKNOWLEDGMENT
State of Californi
County of S
On -3, , before me, L� f )�SOt�ll t+c- fit• �Y1I S
^T 0 ert a and title of the officer)
Notary Public, personally appeared
personally known to me ( ) to be the
person(4 whose name is /aFe subscribed to the within instrument, and acknowledged to me that
he /sheer executed the same.in hiss authorized capacity(ios), and that by his /her/
signature(g) on the instrument the person(21, or the entity upon behalf of which the personX
acted, executed the instrument.
WITNESS my hand and official seal.
W/M."301%A-1 -A
CHMSOutA =T. D M/t
_ ra'��CcMnfton N 1614283
Nolory hiCNc - ccolomic
Los Angw s County
W Come. F;:1 - Nov 30,
(Seal)
A1. 2 i
555 AVIATION BOULEVARD, LTD.
c/o Larry Worchell
4221 Wilshire Blvd., Suite 430
Los Angeles, CA 90010
(323) 934 -1400
May 31, 2007
VIA FEDERAL EXPRESS
City of El Segundo
350 Main Street
E1 Segundo, CA 90245
Attn: Gary D. Chicots, Director
of Planning and Building Safety
Re: 555 Aviation Boulevard, E1 Segundo ("Property "):
Letter of Authorization to Process Certificate of
Compliance and Parking Covenant Application
Dear Mr. Chicots:
The undersigned, owner of the above - referenced Property,
requests the City of E1 Segundo to process and approve the
following applications ( "Applications ") submitted on behalf of
the undersigned and Xerox Corporation ( "Xerox ") as lessee of the
Property:
(1) Certificate of Compliance Request for Certificate of
Compliance City of E1 Segundo;
(2) Termination Agreement terminating the existing Covenant
and Agreement Regarding Maintenance of Off- Street Parking Space
recorded February 7, 2001, as Instrument No. 01- 0204706 (the
"2001 Parking Covenant");
(3) New Covenant and Agreement Regarding Maintenance of off -
Street Parking executed by Xerox to be recorded against Xerox's
leasehold interest in the Property and to replace the 2001
Parking Covenant; and
(4) Partner's Certificate authorizing Larry Worchell to
execute the foregoing documents on behalf of 555 Aviation
Boulevard, Ltd.
555 Aviation B levard, Ltd., a
California L. ed Partnership �I JLN Q 12007
By 128
La o chell eneral Partner EA- 750;cc 07 -01
555 Aviation Blvd LTD& X- Foctor
LP
EXHIBIT Q
PARTNERS' CERTIFICATE
THIS PARTNERS' CERTIFICATE ( "Certificate ") is given as of 3 , 2007,
by the undersigned Partners of 555 Aviation Boulevard, Ltd., a California limi d partnership
( "Owner ") in favor of the City of El Segundo (the "City "). This Certificate is given to the City
in connection with the application for which Owner is seeking approval pursuant to the attached
Letter of Authorization. The undersigned hereby certify that Larry Worc� ell, as General Partner
of the Owner, has the authority: I
Compliance;
(i) To execute the Certificate of Compliance Request for Certificate of
(ii) To execute the Termination Agreement;
(iii) To execute the Covenant and Agreement Regarding Maintenance of
Off - Street Parking; and
(iv) To execute and deliver any and all other documents and to take any and all
actions required by the Owner that may be necessary or desirable in connection with the
Applications.
555 AVIATION BOULEVARD, LTD.,
a
UM
FAREAL \873 \14572 \988A\Kravet2 DocsTartners Ml .doc
Its:
L' �� JUN 012007
EA- 750;CC 07 -01 1 2
555 Aviation Blvd LTD& X- Factor
LP
Law Offices Of
ROBERT P. ANDREANI
Citigroup Center
444 S. Flower Street
Fifth Floor, Suite 500
Los Angeles, California 90071 -2906
TEL 213- 891 -9555
FAX 213 -891 -1515
December 5, 2007
1i
L tr f 1.
2007
ROBERT P. ANDREANI
213 - 891 -9555
E -Mail: Bob.And rea n i(40sbcglobal. net
VIA E -MAIL
El Segundo Planning Commission
c/o Mr. Gary Chicots, Planning Director (GChicotsaa,ElSe undo.ors7)
and Ms. Kimberly Christensen, Planning Manager (KChristensenna,ElSerundo.org)
Planning & Building Safety Department
of the City of El Segundo
350 Main Street
El Segundo, California 90245 -3813
Re: Intention to Record Notice of Violation —
Government Code Section 66499.36 — 701 S. Aviation Boulevard:
Written Submission by X- Factor, L.P.
in Support of Request for Postponement of Decision
To The Honorable Members of the Planning Commission:
I am legal counsel to X- Factor, L.P., a California limited partnership
( "X- Factor "). X- Factor is the current owner of real property improved with a single,
large 3 -story commercial building commonly known as 701 S. Aviation Boulevard in El
Segundo (the "701 Property "). On about October 15, 2007, the Planning & Building
Safety Department of the City of El Segundo (the "Ciff") sent X- Factor a written notice
entitled "Notice of Violation: Intention To Record A Notice of Violation in Accordance
With Government Code Section 66499.36" (the "Notice "), alleging in effect that there is a
technical violation of the California Subdivision Map Act (the "Map Act'), allegedly
because one of the boundaries of the 701 Property was improperly created by a grant
deed in 1967 when the land was vacant. The Notice states that the City Planning
Commission (the "Planning_ Commission ") has set a date of December 13, 2007 to
conduct a hearing (the "Hearing ") for the purpose of deciding whether or not to record a
Notice of Violation against the 701 Property. I met with City Planning & Building Safety
5005120.002 MyD
EXHIBIT R
El Segundo City Planning Commission December 5, 2007
X- Factor, L.P. Submission 12 -13 -07 Hearing 701 Aviation Blvd.
Director Gary Chicots and Ms. Kimberly Christensen, City Planning Manager
(collectively, "Planning Staff') last week on this matter, and in furtherance of that
meeting, I submit this letter on behalf of X- Factor to assist the Planning Commission in
its evaluation of this matter. X- Factor respectfully requests that the Planning
Commission postpone rendering a decision at the Hearing on the merits of the alleged
violation, and allow X- Factor six (6) months time to undertake various efforts described
below to attempt to resolve the numerous, interrelated problems that are directly
associated with this matter.
I. INTRODUCTION
X- Factor, a passive investor /landlord, purchased the 701 Property in 2003 from
TIAA Realty, Inc., an affiliate of Teachers Insurance and Annuity. Xerox was, and still
is, the sole tenant of the entire building under a triple -net lease, since 1968. For almost
40 years, this 300,000+ square foot building, as originally constructed, has remained
exactly the same and has been used for the same type of commercial office and related
uses, and no one complained about any alleged failure to comply with any law, including
the Map Act. The City issued both a building permit for the original building
construction (in July 1967) and Certificates of Occupancy (in December 1968, and May
of 1976), copies of which are attached hereto as Exhibits "A ", `B" and "C ", respectively,
for your reference.
In late 2006, Xerox approached X- Factor and asked for permission to engage in
substantial new construction activities at the 701 Property. X- Factor has neither
consented nor agreed to allow Xerox to proceed, because, among other things, the
proposed construction will reduce the value of the building and Xerox is in material
breach of its lease: Among other things, in 2001, Xerox misrepresented itself as being
the "owner" of the 701 Property and signed and recorded parking covenants which
burdened the 701 Property by allocating many of its parking spaces to another property
(555 Aviation Boulevard) which was also occupied by Xerox. There is an arbitration
proceeding which is currently pending between Xerox and X- Factor to resolve this and
other controversies.
Nonetheless, Xerox has repeatedly demanded permission and has engaged in
certain activities involving the City and its Planning and Building Department staff which
resulted in the City generating the Notice which we now must address. X- Factor has
undertaken no activities, has requested no building or other permits, and has done nothing
to seek any benefits from the City. Yet X- Factor, and not Xerox, is now being called
upon to respond to a notice claiming a violation which carries serious adverse
consequences to X- Factor.
f A
1.31.
5005120.002 MyD 2
El Segundo City Planning Commission
X- Factor, L.P. Submission 12 -13 -07 Hearing
December 5, 2007
701 Aviation Blvd.
As discussed more fully herein, the activities of Xerox, undertaken despite
X- Factor's refusal to consent to the proposed construction, have given rise to the
following problems now faced by X- Factor: %
1. Apparently, Xerox commissioned a survey, and delivered copies to the City
and the adjoining landowner, as a result of which the City has issued its
Notice of a Map Act violation; and
2. The adjoining landowner is now claiming that this survey shows certain
structures erected in 1968 "encroach" on its property.
Why is X- Factor facing these issues only now after 40 years? Why is the City
involving itself in what is essentially a private dispute between Xerox and the 701
Property owner? Has Xerox somehow involved the City and the adjoining landowner in
this dispute in the hopes of gaining some leverage over X- Factor in the arbitration
proceeding?
As the above questions and the comments below demonstrate, the lL are
substantial legal and factual issues which must be considered and resolved before the
Planning Commission should take any step which could irreparably infrin -F. upon
X- Factor's rights to maintain the 701 Property in the same condition that it has appan -ntly
been in for the past 40 years.
111. MAP ACT COMPLIANCE ISSUES
At the outset, it is in the interests of both the City and X- Factor to deten_nine
whether or not there actually is a "violation" of the Map Act. The current Map Pict was
effectively not even in existence until March 4, 1972. The deed which created the current
lot configuration and "crossed" over existing parcel lines was, according to the City's
own Notice, recorded in 1967, about 5 years prior to the effectiveness of the Map Act.
First, it is necessary to confirm how the current lot configuration came about. As
Planning Staff has acknowledged, that is a complicated task. There are lots of lots and
multiple parties, past and present, to contend with and to account for. What we do know
at this point is that (a) X- Factor currently owns two parcels (Lot 30 and Lot 31) in their
entirety, and "portions" of Lots 32 and 35, with the 701 Aviation building sitting on Lots
31, 32 and 35; (b) 555 Aviation Boulevard, Ltd. (the "555 Owner ") apparently owns
other portions of Lot 32 and 35, as well as Lots 10, 11, 12 and 13, on which is situated a
building commonly known as 555 Aviation Boulevard (the "555 Property "); (c) legal
descriptions found in various deeds from 1967 forward describe the common boundary of
the respective properties as being a designated number of feet east, or west, of the lot
lines of some of these lots; (d) Lot 30, the so- called "parking parcel ", is physically
separated from Lots 31, 32 and 35 by Hawaii Street, and is utilized by Xerox as part of its
parking for its occupancy of the 701 Property building; and (e) the 555 Property building
5005120.002 MyD 3
El Segundo City Planning Commission December 5, 2007
X- Factor, L.P. Submission 12 -13 -07 Hearing 701 Aviation Blvd.
apparently utilizes parking on portions of Lots 32 and 35, as does the 701 Property
building. Chain -of -title and other title search activities are needed to attempt to ascertain
how this complicated scenario came about and to confirm the respective rights of the
parties involved.
Even assuming, for the sake of argument only, that the 1967 deed constitutes an
improper act by today's standards, the Map Act provides several exceptions to strict
enforcement of its subdivision requirements, including exceptions that apply in instances
where the alleged violation occurred before the Map Act's effective enactment. One such
exception relates to the question of whether or not there were relevant local subdivision
ordinances in place at the time. We have asked Planning Staff to research that and
provide us with copies of any such historical ordinances so that they can be evaluated.
In addition, as referenced above, the City has issued a number of discretionary
approvals and permits over the years, such as building permits and certificates of
occupancy. The effect of these municipal approvals must also be researched and
evaluated in light of the alleged Map Act violation.
Furthermore, since 1967, there have been several subsequent conveyances of the
701 Property to other owners. When X- Factor purchased the property in 2003, X- Factor
had no actual or constructive knowledge of any Map Act violations. This could also lead
to legal and equitable defenses against any enforcement actions at this time.
III. LOT LINE ADJUSTMENT ISSUES
Planning Staff has advised us that the Map Act violation would be best addressed
by proceeding with a Lot Line Adjustment involving the common property line between
the 701 Property and the 555 Property. This by necessity would require that the 555
Owner agree with X- Factor on the location of the proposed adjusted lot line, since the
two owners now share, and would continue to share, that property line. The 555 Owner
has recently notified X- Factor, in writing, that the property line separating 555 from 701
Aviation that was created by the 1967 deed, is drawn in such a way that some of the walls
and other improvements from X- Factor's 701 Property cross -over the property line and
"encroach" upon the 555 Property. Although X- Factor denies the contention that there is
any actionable encroachment, the survey map that was supplied by the 555 Owner, and
certain diagrams that were shown to us by Planning Staff, purport to show that the
existing property line does cut across some existing improvements on the 701 Property.
The 555 Owner, through its legal counsel, Bryan Kravetz, Esq., has demanded
that X- Factor agree to remove the allegedly encroaching improvements in the event of
any sale or any change in use or occupancy of the 701 Property or the 555 Property, as
well as other triggering events. Such a requirement is neither fair nor acceptable to
X- Factor. X- Factor believes that it has legal and other rights to the ownership,
5005120.002 MyD 4 133
El Segundo City Planning Commission December 5, 2007
X- Factor, L.P. Submission 12 -13 -07 Hearing 701 Aviation Blvd.
possession and use of ALL of its improvements, regardless of where they are situated in
relation to the current property line. No Lot Line Adjustment is therefore possible unless
and until X- Factor and the 555 Owner can resolve their differences on this important
issue.
Regardless of whether the relevant parties agree that the Lot Line Adjustment
should affirm the property line in its existing location or should be relocated, additional
research, inquiries and inspections must be undertaken to insure that no underground
utilities or other non - visible existing improvements are adversely affected or require the
use of relevant easements or licenses to maintain. This also requires additional time for
careful analysis.
IV. PARKING COVENANTS
As referenced above, in 2001, Xerox misrepresented itself as being the "owner" of
the 701 Property and signed and recorded a parking covenant which burdened the 701
Property by allocating many of its parking spaces to the neighboring 555 Property 4vhdch
was also occupied by Xerox. In addition, Xerox also improperly signed and recorded a
second parking covenant which required that the parking spaces on Lot 30 be "tied" to_
the building on the 701 Property. (Such 2001 parking covenants are sometimes
collectively referred to herein as the "2001 Parking_ Covenants ".) Such actions by Xerox
were expressly forbidden by and are a material breach under the terms of the operative
lease between X- Factor as landlord and Xerox as tenant of the 701 Property. When these.
improper acts were discovered by X- Factor, X- Factor demanded that Xerox rectify the
problems by releasing the improper 2001 Parking Covenants. Xerox prepared proposed
releases and terminations of the 2001 Parking Covenants (collectively, the "Parking
Terminations "), and Xerox and X- Factor jointly prepared a new proposed parking
covenant which would allocate parking from Lot 30 to the 701 Property for the remaining
term of Xerox's lease and occupancy of the 701 Property (the "New Parking Covenant "),
which Xerox has tendered to Planning Staff. Planning Staff in fact wants the parties to
enter into the New Parking Covenant. Unfortunately, however, Planning Staff has also
indicated that it believes it cannot accept the Parking Terminations or the New Parking
Covenant, unless and until a full Certificate of Compliance procedure is implemented by
X- Factor and by the 555 Owner, which involves, among other things, the accomplishing
of a Lot Line Adjustment. For the reasons discussed above and others, a Lot Line
Adjustment is not possible until the parties resolve their differences concerning the
location of the line and the alleged encroachment.
5005120.002 MyD 5
El Segundo City Planning Commission
X- Factor, L.P. Submission 12 -13 -07 Hearing
V. THIRD PARTY CLAIMS
December 5, 2007
701 Aviation Blvd.
X- Factor is in the processing of doing a complete "chain of title" analysis of the
various ownership transfers and has engaged a title company for assistance. This may
lead to claims against its seller and or other prior owners or other third parties who may
have responsibility or liability in connection with this alleged Map Act violation. Further
time is needed for this work to be completed.
VI. INSURANCE
X- Factor is also in the process of evaluating its insurance coverage rights. The
postponement of the Hearing is also necessary to allow X- Factor sufficient time to
evaluate such rights and, if appropriate, to tender the defense of this matter to its
insurance carrier.
VII. CONSEQUENCES OF PREMATURE CITY ACTIONS
There are several material adverse consequences that would result from the
Planning Commission rendering a decision against X- Factor at the Hearing and recording
a Notice of Violation against the 701 Property. Such a decision and recordation would
effectively immediately render the 701 Property objectively unmarketable, and non -
finance -able. No one will be willing to buy the 701 Property and no lender will extend a
loan on it. No title company will be willing to issue any title insurance regarding the 701
Property. The rights of X- Factor's existing lender for the 701 Property could also be
adversely affected. Such action will result in damages to X- Factor which would be
substantial, and if the actions of the Planning Commission and the City are not absolutely
and completely justifiable on the present record, could lead to actionable liability
exposure. On the other hand, a postponement of action by the Planning Commission at
this time would be fully justified and free of any risk of challenge or exposure.
VIII. CONCLUSION
There may not even be a Map Act violation here at all. in any event, there are
substantial unanswered factual and legal questions which need to be carefully examined
and resolved before the Planning Commission should take any official action on the
merits in this matter. With the current state of affairs, neither a Lot Line Adjustment nor
a new set of parking covenants can even be accomplished, and those are the two main
substantive actions that the Planning Staff has indicated it wants X- Factor to undertake.
If the City were to record a Notice of Violation against the 701 Property now, serious
harm to X- Factor would immediately occur, and no good purpose would be served.
5005120.002 MyD 6
El Segundo City Planning Commission
X- Factor, L.P. Submission 12 -13 -07 Hearing
December 5, 2007
701 Aviation Blvd.
Premature action by the Planning Commission at the Hearing could lead to liability
exposure; postponement to allow for careful, informed analysis is risk -free. Accordingly,
X- Factor respectfully asks the Planning Commission to defer any substantive decision on
the subject Notice of Violation at this time and to grant X- Factor a six (6) month
extension of time on this matter.
Respectfully submitted,
Law Offices of Robert P. Andreani
Counsel for X- Factor L.P.
i
E
Robert P. Andreani
[Exhibits "A", "B " and "C" Attached]
RPA: rel
cc: X- Factor, L.P.
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5005120.002 MyD 7
El Segundo City planning Commission
X-Factor, L.P. Submission 12-13-07 Hearing
EXHIBIT "A"
Building Permit
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X-Factor, L.P. Submission 12-13-07 Hearing
EXHIBIT "C"
Certificate of Occupancy (2)
December 5, 2007
701 Aviation Blvd.
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5005120.002 MyD 10 L
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CITY OF EL SEGUNDO
PLANNING COMMISSION STAFF REPORT
DATE: February 28, 2008
SUBJECT: Environmental Assessment No. 750 and
Certificate of Compliance No. 07-01
APPLICANT: City of El Segundo Planning and Building Safety
DepaRment (Notice of Violation)
PROPERTY OWNERS: 555 Aviation Boulevard, Ltd. (Larry Worchell,
Managing Partner)
X- Factor, L.P. (Behrouz Soroudi, Managing
Partner and Secretary)
REQUEST: Record Notice of Violation of Government Code §
66412.6 (Subdivision Map Act);
PROPERTY INVOLVED: 555 S. Aviation Boulevard (APN 4138 -009 -004),
701 S. Aviation Boulevard (APN 4138 -009 -016),
711 S. Aviation Boulevard (APN 4138 - 009 -015) and
851 S. Aviation Boulevard (APN 4138 -009 -009):
I. Introduction
On December 13, 2007 the Planning Commission held a public hearing regarding
whether to record a Notice of Violation of Government Code § 66412.6 (Subdivision
Map Act) regarding real property that has been illegally divided at 711 S. Aviation
Boulevard (APN No. 4138 - 009 -015) and 701 S. Aviation Boulevard (APN No. 4138-
009 -016). During the public hearing, testimony was provided by staff, both property
owners' representatives, and the tenant and their representatives. The public
hearing was continued for 60 days to the February 28, 2008 Planning Commission
hearing to allow both property owners additional time to either submit completed
applications to the City for a Certificate of Compliance in order to eliminate the
violation or to present any additional evidence regarding the violation.
At the December 13, 2007 hearing, the Planning Commission also considered and
approved the termination of the existing off -site parking covenants; approved the
proposed off -site parking covenants for permanent off -site parking in excess of ten
spaces to satisfy the El Segundo Municipal Code parking requirements for the
office /manufacturing buildings located at 555 S. Aviation Boulevard and 701 S.
'! l i
Aviation Boulevard subject to verification of the adequacy of the number of parking
spaces being provided by each respective property owner for each building; and
providing authority to the Director of Planning and Building Safety to adjust the
number of off -site spaces allowed based upon the proposed remodeling and
reconfiguration of uses within each respective building.
II. Recommendation
Staff recommends that the Planning Commission open the continued public
hearing, review the facts and findings related to Environmental Assessment EA No.
750, Miscellaneous No. 07 -01; if desirable, reopen public testimony and take
evidence; and, direct the Planning and Building Safety Director to record a notice of
violation in accordance with Government Code § 66499.36 for the real property at
711 S. Aviation Boulevard (APN 4138 - 009 -015).
Alternatively, if the property owner for 711 S. Aviation Boulevard provided the
necessary materials prior to, or at the February 28, 2008 Planning Commission
meeting, Planning staff recommends that the matter be continued for two additional
months to allow staff sufficient time to verify receipt of all necessary documents and
process and complete the Certificate of Compliance and the Lot Line Adjustment
that will be required to ensure that the parcels are properly subdivided.
III. Backaround and Analysis
After reviewing the Certificate of Compliance application and the proposed
configuration of the parcels which is identical to the how the parcels are currently
deeded improperly to the two property owners, Planning Staff determined that the
proposed configuration of the parcels can meet both the subdivision requirements
and the ESMC requirements for subdivisions and development standards. The
standards that have to be met include minimum lot size, minimum lot frontage,
access to a public right -of -way, and compliance with all development standards
including, without limitation, setbacks, lot coverage, and parking for the existing
facilities on site. The attached Planning Commission report dated December 13,
2007 provides an in depth analysis of the notice of violation issue and the project
site history.
Since the December 13, 2007 Planning Commission meeting, Planning staff verified
that the number of off -site parking spaces required for 555 S. Aviation Boulevard is
consistent with the request and approval of the number of permanent off -site
parking spaces to be provided across the street at 701 S. Aviation Boulevard. This
is based upon analysis of the plans for the proposed remodeling and reconfiguration
of uses within the 555 S. Aviation Boulevard building.
During the intervening time between hearings, Planning Department staff met
and /or spoke with all involved parties (the two property owners' representatives and
2
i41
the tenant's representatives) in a continued effort to resolve this matter. Some
progress was made.
On January 17, 2008 Bryan Kravetz, counsel and representative for 555 AVIATION
BOULEVARD, LTD., sent a letter by U.S. mail which the City received on January
22, 2008. The letter included an attachment that provided consent of the property
owner, signed and notarized by Larry Worchell, Managing Partner, authorizing a
covenant and agreement regarding the maintenance of off - street parking during the
pendency of the tenant's (Xerox) lease.
On January 30, 2008, the Planning and Building Safety Department sent a follow up
letter by certified U.S. mail informing X Factor, L.P., of the remaining outstanding
items necessary to complete the Certificate of Compliance, the proposed parking
covenant for off -site parking to comply with the El Segundo Municipal Code
requirements, and the termination agreement for the existing parking covenant.
On February 8, 2008, Robert P. Andreani, counsel and representative for X- Factor,
L.P., sent a letter by e-mail followed by an original letter sent by U.S. mail which the
City received on February 11, 2008. The letter included an attachment that
provided consent of the property owner, signed and notarized by Behrouz Soroudi,
its Managing Partner and Secretary, authorizing a covenant and agreement
regarding the maintenance of off - street parking during the pendency of the tenant's
(Xerox) lease. Additionally, on February 8, 2008, Robert Hessenius, one of the
representatives for X- Factor, reviewed the City's zoning and subdivision regulations
and obtained copies of records on February 11, 2008.
However, the Certificate of Compliance application is still incomplete as one of the
property owners, X- Factor, L.P. has not signed and notarized the Certificate of
Compliance application submitted to the City. Additional items from X- Factor, L.P.,
are still outstanding as well to complete the processing of the Certificates of
Compliance. The outstanding items include: filing fees by X- Factor, L.P. for the
certificate of compliance, a letter of authorization from X- Factor, L.P. allowing Xerox
Corporation or its representative J.C. Chang and Associates to act on X- Factor's
behalf regarding the processing of the applications for 701 S. Aviation Boulevard
(APN 4138 - 009 -015), and legal documentation showing authorization for Behrouz
Soroudi to act on behalf of X- Factor, L.P. A lot line adjustment would be required
once the Certificate of Compliance is complete to bring the parcels into compliance
with the Subdivision Map Act and SSMC. The proposed parking covenants cannot
be recorded until the certificate of compliance and the lot line adjustment
applications are complete because the proposed legal description of the two
properties (701 S. Aviation Boulevard (APN 4138 - 009 -016) and 711 S. Aviation
Boulevard (APN 4138 - 009 - 015)).
A termination agreement is being processed for the existing covenant and
agreement (Instrument No. 01 0204706) for off -site parking for 501 spaces which
was incorrectly recorded on February 7, 2001 with the tenant's signature rather than
the property owner allocating parking from 701 S. Aviation Boulevard and 711 S.
3 � �>
i42
Aviation Boulevard to 555 S. Aviation Boulevard. The proposed new covenant
would allocate 396 parking spaces from 701 S. Aviation Boulevard to be used to
meet parking requirements for the building at 555 S. Aviation Boulevard. A
termination agreement is being processed for the existing covenant and agreement
(Instrument No. 01 204705) for off -site parking for 452 parking spaces which was
incorrectly recorded on February 7, 2001 with the tenant's signature rather than the
property owner allocating parking from 855 S. Aviation Boulevard to 711 S. Aviation
Boulevard. The proposed new covenant would allocate 490 parking spaces from
855 S. Aviation Boulevard to be used to meet parking requirements for the building
at 701 and 711 S. Aviation Boulevard.
The Planning Commission closed public testimony on December 13, 2007, but
continued the public hearing until February 28, 2008. Based upon the evidence
presented during the public hearing, the Planning Commission should authorize the
Planning and Building Safety Director to record the notice of violation with the
County Recorder. The notice of violation, when recorded, constitutes actual notice
to the existing property owners and constructive notice to all subsequent owners
regarding such property.
No evidence was submitted to the City demonstrating that the subject parcels were
legally subdivided. The City's interest is in obtaining compliance so that the parcels
can be properly subdivided. Therefore, since 555 Aviation Boulevard, Ltd. (Larry
Worchell, Managing Partner), the property owner for 701 S. Aviation Boulevard
(APN 4138 - 009 -016), submitted all necessary materials for processing of the
Certificate of Compliance, the termination agreements for the off -site parking
covenants, and the proposed new parking covenants, Planning staff recommends
that the notice of violation not be filed against the real property at 701 S. Aviation
Boulevard. Planning staff does not believe that filing a notice of violation is
warranted when the property owner at 701 S. Aviation Boulevard has provided all
the necessary materials to comply so that the parcels can be properly subdivided.
Since X- Factor, L.P. (Behrouz Soroudi, Managing Partner and Secretary), the
property owner for 711 S. Aviation Boulevard (APN 4138 - 009 -015) has still not
submitted all necessary materials for processing the Certificate of Compliance and
the proposed new covenants as of the issuance of this staff report, Planning staff
recommends that the notice of violation be filed against the real property at 711 S.
Aviation Boulevard. If the property owner for 711 S. Aviation Boulevard provided
the necessary materials prior to, or at the February 28, 2008 Planning Commission
meeting, Planning staff recommends that the matter be continued for two additional
months to allow staff sufficient time to verify receipt of all necessary documents and
process and complete the Certificate of Compliance and the Lot Line Adjustment
that will be required.
4
e
1 .�1
IV. Conclusion
Planning staff recommends that the Planning Commission open the continued
public hearing, review the facts and findings related to Environmental Assessment
EA No. 750, Miscellaneous No. 07 -01; if desirable, reopen public testimony and
take evidence; and, direct the Planning and Building Safety Director to record a
notice of violation in accordance with Government Code § 66499.36 for the real
property at 711 S. Aviation Boulevard.
V. Exhibits
A. Letter from Bryan Kravetz dated January 17, 2008 and attached original
consent of owner document for 555 AVIATION BOULEVARD, LTD.
B. Letter to X- Factor, LP, dated January 30, 2008
C. E -mail from Robert P. Andreani dated February 4, 2008 and attached copy
of consent of owner document for X- Factor L.P.
D. Letter from Robert P. Andreani dated February 8, 2008 and attached original
consent of owner document for X- Factor L.P.
E. Planning Commission Staff Report and Attachments
Prepared By: Kimberly Christensen, AICP, Planning Manager
Kimberly C r stensen, AICP, Planning Manager
Departmen f Planning & Building Safety
Gary Chicots, Dir itor
Planning and Building Safety Department
PAPlanning & Building Safety\PROJECTS\ 726 - 750\ EA - 750\ PCO22808 \EA- 750.SR2008.02.28.doc
5 i
F
L
LAW OFFICES OF
BRYAN KRAVETZ
A PROFESSIONAL CORPORATION
1925 CENTURY PARK EAST
SUITE 2000
LOS ANGELES, CALIFORNIA 90067 -2721
TELEPHONE (310) 551-1070
TELECOPIER (310) 551 -0854
EMAIL kravetz(aw ®ao(.com
January 17, 2008
VIA FEDERAAL EXPRESS
Kimberly Christensen, AICP, Planning Manager
City of El Segundo
Planning and Building Safety Department
350 Main Street
E1 Segundo, CA 90245 -3813
Re: 555 Aviation Boulevard, Ltd.
Dear Ms. Christensen:
nECEodED
Ull JAN 2 2 2008 D
Planning and Building Safety Dept.
FILE NO.
4942
Enclosed is the original notarized Consent of Owner in connection
with the Covenant and Agreement Regarding Maintenance of Off -
Street Parking, all in connection with the above matter.
Please advise if anything further is required of my client, 555
Aviation Boulevard, Ltd.
Thank you for your courtesies and cooperation.
Very trgly yours,
IN f/%Az 1.I
BK:mt
cc: Larry Worchell (Via FAX w/o encls)
Cynthia Wolcott, Esq. (Via FAX w/o ncls)
1`2�)
COVENANT AND AGREEMENT REGARDING MAINTENANCE
OF OFF - STREET PARKING
CONSENT OF OWNER
The undersigned hereby certify that it is the Owner and Lessor of the hereinafter legally
described real property located in the City of El Segundo, State of California:
That portion of said Lots 32 and 35 of Tract 26557, in the City of El Segundo, County of
Los Angeles, State of California, as per map recorded in Book 675, Pages 95 to 98, inclusive, of
Maps, in the Office of the County Recorder of said County, lying Northerly of a line that is
parallel with the Northerly line of said Lot 32 and the Easterly prolongation thereof, and distant
70.00 feet Southerly therefrom, measured at right angles.
Owner hereby consents to the recordation of the Covenant and Agreement Regarding
Mainteanance of Off - Street Parking pursuant to the terms and conditions thereof.
555 AVIATION BOUL RD, LTD.,
a California limited Da iD
Larry Worcj�elW,4Vneral ?artner
Dated:
l
CADocuments and Settings\Asdourian \Local Settings \Temporary Internet Files\ Content. IE5\ KBONMBSV\LandlordConsent[I].doc
ACKNOWLEDGMENT
State of California
County of
G�
On ���o ,before me,
�
Notary Public, personally appeared (_ ,
who proved to me on the basis of satisfactory evi ence to be the person(j whose name] is/afe
subscribed to the within instrument, and acknowledged to me that he /&heMiey executed the same
in his/her,� authorized capacity( -ies-), and that by his/he64he4 signature on the instrument
the person(A or the entity upon behalf of which the person'} 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.
Notary •
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cHalsouu sT =61 28
ConxnhNort +� 16182AJ
CONOMIC
to Mpslst County
L19,
My Cortxn. Expkes Nov 30, 2
(seal)
1 � I
CADocuments and Settings\Asdourian\Local Settings \Temporary Intemet Files\ Content. IE5\ KBONMBSV\LandlordConsent[1).doc
Elected Officials:
Kelly McDowell,
Mayor
Eric K. Busch,
Mayor Pro Tom
Jim Boulgarides,
Council Member
Carl Jacobson,
Council Member
Bill Fisher,
Council Member
Cindy Mortesen,
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 Chief
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
05 Z
Planning & Building Safety Department
January 30, 2008
X Factor Sent by U.S. Certified Mail
9595 Wilshire Boulevard, Suite 501
Beverly Hills, CA 90212
SUBJECT: NOTICE OF VIOLATION: INTENTION TO RECORD A
NOTICE OF VIOLATION IN ACCORDANCE WITH
GOVERNMENT CODE § 66499.36
Property Address: 711 S. Aviation Boulevard
(APN: 4138 - 009 -015)
Code Compliance Number:
2007 -0111 (APN: 4138 - 009 -016)
2007 -0112 (APN: 4138 - 009 -015)
Dear Property Owner:
In response to the City's November 21, 2007, notice of violation the
Planning and Building Safety Department received materials purportedly
submitted on your behalf by the Xerox Corporation's legal counsel which
consisted of the fee payment of $155 for a new off - street parking covenant
and Exhibit A referenced in the termination agreement for the existing
parking covenant. No materials have been received directly from you or
your representative Robert P. Andreani that address the outstanding items
for the Certificate of Compliance and parking covenant applications.
Please be advised that the submission of the above - described materials is
insufficient to address the matter of the illegal subdivision or process the
request for an off - street parking covenant.
The following additional information is still required:
1. Submit a signed and notarized certificate of compliance application
form.
350 Main Street, El Segundo, California 90245 -3813 1 c� U
Phone (310) 524 -2380 FAX (310) 322 -4167
2. Submit the application fee of $1,835 for the certificate of compliance.
3. Provide legal documentation to show that the person or persons who are
authorized to sign on behalf of X- Factor for 711 S. Aviation Blvd.
4. Please provide a letter authorizing Xerox and /or representatives of Xerox
to act on your behalf with regards to the submitted applications.
Be advised that the Planning Commission reviewed and approved the off - street parking
agreement subject to completion of the Certificate of Compliance process at its meeting
on December 13, 2007. The Planning Commission continued the hearing for 2 months
to February 28, 2008 regarding the illegal subdivision. All the necessary documents
outlined above that have been requested previously must be submitted to the Planning
and Building Safety Department by 5 p.m. on Tuesday, February 12, 2008 in order to
determine that all the necessary documents have been provided to process the
Certificate of Compliance application and that sufficient effort has been made to resolve
the subdivision violation during the intervening time period since the public hearing on
December 13, 2007. Note also that the City will proceed with the hearing of the
subdivision violation on February 28, 2008. If you have any questions regarding this
matter, please contact Kimberly Christensen, Planning Manager at (310) 524 -2340.
Sincerely,
Gary Chicots, 19irector
Planning and Building Safety Department
Certified Mail No. 7002 2410 0003 4827 2613
CC: Kimberly Christensen, AICP, Planning Manager
Robert P. Andreani
555 Aviation Boulevard LTD
Cynthia Wolcott
`110 PAPlanNng 3 Building Safety\CODE- Enforeement\2007 \1st- NTC\AviabonWriabon .711.07- 112.rep2.rtf =
Page 1 of 2
Christensen, Kimberly
From: bob.andreani [bob.andreani @sbcglobal.net]
Sent: Monday, February 04, 2008 11:02 AM
To: Berger, Karl; Christensen, Kimberly
Cc: 'bob.andreani'; 'Behrouz Soroudi 2% 'Cynthia Wolcott'; rhessenius @aol.com; bandreani1 @ aol.com
Subject: FW: X- Factor LP - Xerox - 701 -711 Aviation Boulevard Property - Consent of X- Factor [Owner] to
(new) Parking Covenant
Dear Ms. Christensen and Mr. Berger:
Attached is the signed (& notarized) Consent of Owner signed on behalf of X-
Factor LP in PDF form regarding the above - referenced matter. Please let me
know if you need the original "ink- signed" version and if so, to whom I should
send it.
Thank you, Bob Andreani
LAW OFFICES of ROBERT P. ANDREANI
Citigroup Center
444 S. Flower Street
Suite 500, Fifth Floor
Los Angeles, California 90071 -2906
Telephone: 213- 891 -9555
FAX: 213 -891 -1515
Cell: 213 - 215 -1822
E -Mail: Bob.Andreani @sbcglobal.net
THIS MESSAGE IS INTENDED TO BE A CONFIDENTIAL COMMUNICATION, AND IT MAY BE SUBJECT TO
ATTORNEY- CLIENT COMMUNICATION PRIVILEGE, ATTORNEY WORK- PRODUCT PRIVILEGE OR ANOTHER
PRIVILEGE. THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUALS) TO WHOM IT IS
ADDRESSED. Any other use of this message is prohibited. If you have received this message in error, please notify us
immediately by reply e -mail to Bob.Andreanialsbcglobal.net and delete the message. Thank you.
IF DOCUMENTS ARE ATTACHED TO THIS E -MAIL MESSAGE PLEASE READ THE
FOLLOWING:
Robert P. Andreani Attorney -at -Law cannot opine on the enforceability of any changes made to the
transmitted document(s) that have not been drafted or reviewed by him, nor can he opine on the
suitability of the transmitted document(s) for any other transaction other than the one to which it/they
relate. Therefore if changes are made to the transmitted document(s), by so doing, you assume the risk
that changes to the document(s) made by you without counsel's review may not (a) be enforceable under
California law, (b) be suitable for the purposes intended, or (c) achieve your desired objectives as such
have been articulated to me prior to the transmission of the transmitted document(s). In addition, any
legal advice given to you by Robert P. Andreani Attorney -at -Law with respect to the transmitted
document(s) shall be deemed not to cover or take into effect any changes made to the document(s) in
your office if such changes are not reviewed by Robert P. Andreani Attorney -at -Law prior to their
execution.
y ,
2/4/2008
Page 2 of 2
l •� �
2/4/2009
CONSENT OF OWNER
to
COVENANT AND AGREEMENT REGARDING MAINTENANCE
OF OFF - STREET PARKING DURING PENDENCY OF LEASE
The undersigned hereby declares that it is the Owner of the hereinafter legally described
real property located in the City of El Segundo, State of California consisting of the following:
Lot 30 of Tract 26557, in the City of El Segundo, County of Los Angeles, State of
California, as per map recorded in Book 675, Pages 95 -98, inclusive, of Maps in
the Office of the County Recorder of said County (the "Lot 30 Property ").
Owner hereby consents to the recordation with the Los Angeles County Recorder of that
certain document entitled "Covenant and Agreement Regarding Mainteanance of Off - Street
Parking During Pendency of Lease ", executed by Xerox Corporation, executed on and dated as
of October 2, 2007, which identifies the Lot 30 Property as the "Parking Site" therein, the first
page of which document is attached hereto as Exhibit "A" (the "Lot 30 Parking Covenant "),
pursuant to the terms and conditions thereof (the "Consent ").
Owner's Consent is conditioned upon the termination and removal of the two previous
parking covenants executed and recorded by Xerox Corporation in or about February 2001
relating to the Lot 30 Property and the property commonly known as 701 S. Aviation Boulevard,
El Segundo California, respectively.
Owner's Consent is in no way intended to be, and should not be construed as, a waiver by
Owner of any of its rights or remedies relative to Owner's pending Demand For Arbitration
involving Xerox Corporation.
Nothing herein is intended to, or shall, modify any of the terms or conditions of the Lot
30 Parking Covenant itself.
X- FACTOR, L.P., a California limited partnership
By: Panorama Delta, Inc., a California corporation
Its: Man a ing Pa er
By:
Behrouz Soroudi
Its: Secretary
Dated: January, 2008
iJ�
ACKNOWLEDGMENT
State of California
County ofs c.�c
On :?� ---0 O f , before me, JOGC 1!2,7 't)e fa, � roc. d �i c
(insert name and title of the officer)
Notary Public, personally appeared B z
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. JOCELYN LUISTRO
Commisslon # 1611194
-� Notary Public - California
Los Angeles County
NFy Comm. Expires Oct 6, 2009
Notary Public
(seal)
153
Exhibit "A"
Lot 30 Parking Covenant — First Nee
R -rich iNCi RrQur.STM BY
City of EL Sc-.00do Mmu ia2 Divizion
a?q.MlaJ, I SI ( rid
W .gZfundn. C'A 9W`15
'WTV RL•C0RDED MAIL TO;
(:iry 1;1'1;1 NP-6L.14iC V ;;Lrui1L1_L' UiVii,;):NU
!!6maln S',ccc
F1 Seeuodu. C.D. 9(r-4'
- - APAMADO'Vi TAiSt.1MF FOR Rlt<:ON11V.u'!r L.L<K
C1f)Vi-. \'At \'l' ANIJ ACiKI k*ML-%NC IkKiARDIN(i MA IN'I'f:iv'.ANCE
QP 01TST'RE rT P:*,RKING DURING VEKUrWC'Y Uli f.lvAyH
Thc• Lrnlis•r6ignad hccoby CcTtit� that it is the Jc-mc- ('Lcsse:- ') of lbc bCmWi4'1er lraally tlxr-.:rihecl
rill propcxty locatod in the City of Ef S.- gundn, Stitt- ot'C:alifornis consisc(ng of the followiL4 -.
Lot 30 ul'Tiaa 2655? as worded in BuoL 675, n1.= OAS. inclusive, ter Rcuords of
Los AnFch C]ounly, as RMCC, PU- ,iCulariy dCSCtillecl ou Exhibit "A' au;iducxl btrew and
by thia TofaTrncc m do cl ruTt heTgnf f the "Pnr1(in rr Situ ").
I'nrtuallr to El 9ceutulo N1urlJciwtl CQdr. f "ES -MC "1 f 15 -15 -5 , ilia untlersigurd covrrtanty and kgrer.. thnt
a rlrrkin•3 nrrn -nntmininv nor. '---is rhen 4910 n.:ehlr aiu1 nrr.CfsibIC aUtCuwbilc Siutcc yarkJag I ;iw& as
shown un Lxltibi( "H" nu:u;hed hcrolu and by Uiix refcnan= muds •r rent hrnonf which rximrlr' with MMC
Tide 15, Chapter 15 must be provided and maintained ou the above described Parking Situ u) pi ovide the
mc;uir:xJ parking furLbc;urw;ut'ttx; buiILlinky lt:aectLby L 4c: Incwrctat 701 S. Avirr.ion Rotilevait, lutiflg
d)c 1wivs of ?:Q0 atn to 6:00 pu N kudey t:trutl;,lt l fid:ly ar11y (cu ep( lirdeyal 6JuJidxv.10 in csid C lEy tgion
rhw lint irrflly as frtllow•1 rrhr. '7•wrl ing Covemja)lt. ";
Lot 31 nud pal•Iiorls of Lots 32 :u.vl ?5 uf'1 nwL 263.5 , us nxordod in 8 uok 673 Ptlwi 95-
99, i- 1119i've. o?Records 01L tV l WJe-i Covaty, umw1t3 p.ltiwLLrly dowrib--d Lnr
Lxhihit 'A" (Ihe "RiLLilrling Siti:-1.
This P.uting Covenant is Tttade with xPet:ifi(: xc craTcc to [:t at certai n I Ca3= Aguccflwflt doccai
1)� amhrr 20, 19AR, ox nmrnded, 1w and hPtw wo X- )'Actor, L.P., as Lrssox (by stwx.*st;iou; and Xriux
CUCptxi:,liurl. wr Lemte= (by sucurti inn), •,vhenohy xaid Lasser Ie3mry tha RJIrting.Sitr and the Par)ttng Sire
(thr ' 1L.ertse'). Th,, vita a lht Lease eAputizo Dcucutbw- 31. 2013, unler., Lrx,.ae rxeTuists ill. (T .Jun u)
extend, in +shish cw`nt Lh a wren of du. I .: aa: i xpi me 17anrmo: r 31.7023 (the 'Lease 1 XtAra"ll. 1)ade "7.
Notivithstaudiy; ;u,y uLtura•;Hv ixiun in :ha duuumrru er in the base exprtrsly or impliedlQ m
the ; nntrarr:
(1) (hr Purkin C:u i:-7runt fy 1 idly un;1 i ir u11►i=y !wbordinotc to, and dcrs not in any w's,
afl'te.; ov eucutubor. ilia fa; 00z inlclu:6c of LhPprL-SL'rlL <rr rultati; owncrlAI nr rile• Ruildin3 Cite
and /0r tb^ Parkin@ •5ifi (Allcmativt'ly, all "Otvw4,, And cuJJt'ctivelp_ lhr "Owner. "), but ire
expressly tic\i colcly to Mn 1 .ra jr a nd chi occupy =v Y .XCr0x a,l)d its aticucisovs and assititts
GullectivOy. under the Lr:c.tc ror pu(romex of its durMinn and rtfrerivrnrss, sr 7.1 is
binding vpoa Lcsscc and Lem%
f2) lha ParkinLr rosrnnnt rxrin -a anromrflenily nn a in ift rltkCAc on ills 200(1:.1. Of d1►
folio- irig (dw'Purking Cu+an:u(t Expiruticm Dutr" )r (A) midnight <rn the Lenon kxriraticrn lyat_.
Jr 031 piny':A lLCr (laL-' of klett"i ion of (Ito Lcuxu purt;uxil. Cu ilia Ll a;a, r. r (C) Lhe dale Lh.a dw
1 '
1 `fit
Law Offices Of
ROBERT P. ANDREANI
Citigroup Center
444 S. Flower Street
Fifth Floor, Suite 500
Los Angeles, California 90071 -2906
TEL 213 - 891 -9555
FAX 213- 891 -1515
February 8, 2008
ECERVED
FEB 112008
Planning and Building Safety Dept.
ROBERT P. ANDREANI
213 -891 -9555
E -Mail: Bob. And reaniCasbcglobal.net
VIA FEDERAL EXPRESS
Ms. Kimberly Christensen, Planning Manager (KChristensen(a�,E1Segundo.org)
Planning & Building Safety Department
of the City of El Segundo
350 Main Street
El Segundo, California 90245 -3813
Re: X- Factor Consent of Owner — 711 S. Aviation Boulevard
Dear Ms. Christensen:
Per your request, enclosed is the "wet" ink signed original of the Consent of
Owner signed by X- Factor, a PDF copy of which was previously sent to you
electronically as an e -mail attachment. I believe you now have all that you need in order
to record the 2 terminations of the 2001 parking covenants and the new parking covenant
(to which the enclosed Consent of Owner specifically makes reference).
Respectfully submitted,
Law Offices of Robert P. Andreani
Counsel for X -F
By
Robert P. Andreani
Cc: X- Factor, LP
5005125.001 MyD
CONSENT OF OWNER
to
COVENANT AND AGREEMENT REGARDING MAINTENANCE
OF OFF - STREET PARKING DURING PENDENCY OF LEASE
The undersigned hereby declares that it is the Owner of the hereinafter legally described
real property located in the City of El Segundo, State of California consisting of the following:
Lot 30 of Tract 26557, in the City of El Segundo, County of Los Angeles, State of
California, as per map recorded in Book 675, Pages 95 -98, inclusive, of Maps in
the Office of the County Recorder of said County (the "Lot 30 Property ").
Owner hereby consents to the recordation with the Los Angeles County Recorder of that
certain document entitled "Covenant and Agreement Regarding Mainteanance of Off -Street
Parking During Pendency of Lease ", executed by Xerox Corporation, executed on and dated as
of October 2, 2007, which identifies the Lot 30 Property as the "Parking Site" therein, the first
page of which document is attached hereto as Exhibit "A" (the "Lot 30 Parking Covenant "),
pursuant to the terms and conditions thereof (the "Consent ").
Owner's Consent is conditioned upon the termination and removal of the two previous
parking covenants executed and recorded by Xerox Corporation in or about February 2001
relating to the Lot 30 Property and the property commonly known as 701 S. Aviation Boulevard,
El Segundo California, respectively.
Owner's Consent is in no way intended to be, and should not be construed as, a waiver by
Owner of any of its rights or remedies relative to Owner's pending Demand For Arbitration
involving Xerox Corporation.
Nothing herein is intended to, or shall, modify any of the terms or conditions of the Lot
30 Parking Covenant itself.
X- FACTOR, L.P., a California limited partnership
By: Panorama Delta, Inc., a California corporation
Its: Mana 'ng P er
By:
Behrouz Soroudi
Its: Secretary
Dated: January L, 2008 : ', ;
ACKNOWLEDGMENT
State of California
County of 1-0s !�'4ct4'
� /p u � ,� s�s o �o �c� Or d/i c
On •%"'u' �`� 3i Z c'09 , before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,BSS SOon'-�O<-
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. JOCELYN LulsTRO
Commis ilon #t 1611194
-� Notory Public - California
Los Angeles County
My Comm. Expires Oct 6, 200
Notary Public
(seal)
15
Exhibit "A"
Lot 30 Parking Covenant — First Page
RT- i^ORnTNG R1-0- 17ST1 -n RV
City of Et Scgaodo Plar-nitg Division
i:011-1mil I,511CCl
R A*undn, CA 911215
VW .,N RECORDED MAIL TO:
Ch y r 1' 1;1 tiny. t. r Kilt' P; :1M lint/ Db jVx,o
1c6 Mai n S:.cm
ha Seeuodo• CA 9(r -45
APAM ADOW. TtiM 13NR FOR RIt(:1)NnMrNk LWK
AND A(iKls):N1L-%N'l' RP..(iARJ)IN(i VIAIN'I'F:i\'ANCE
OF OM- STREirT PARKING DUR G T'L'ME• X QT-* ldsA K
1'hc. !tndc•r8igncd he cto y certify that it is rhr. Jc41jor. (••Lc. it: ") of 111c llcrciur.,'ler )rrally Lk►a:rihod
reul property locumd in the City of El S:gundn, Stst: n[ Calit+pl•niA oonsj,%C lBl of the followlag;
Lo: 30 of TiMA 26551 as m Ltr letl in D uol, 675, 11'mgm-i 95 -48. im)W due, ur krenrd. of
Los Angcic* (AUlxy, as RICO peuticvlsrly (IcsCOXXI ou Er;1 L14 "A' uum;hdd berou) and
by this reference mrudc a Puri hemof (the "Pnvkin V Sibo ").
rursawr to El 9cguuclo MuAicipal C'od %: ( "E5 \qC ") j 15 -15-6 , t11u umbersiglIULL un'rnanu and agrmz% that
U rwrkin•g nrrn - mitmining. nnt. M.—is r6 en 4-94 min We snrl nrrusibic a11101n Wic Stuf -= Patk.i_tg sascxa as
A iuwu tut Exhibi( "B" i Ua hed hrr%Av and by Lhiw refrrcntz music u snit hmw4 which nnmply with k`iMC:
T idc 15, Cbaptcr 15 :Trost be provided and mirtained oa the move daseri bed Parking Site ur p1x,vide the
ru(;uir:xJ purkinR Fur the uer;: of lht: buiIding, lLYwed by Lca14c. Incarcd ar. 70 1 S. Avir_tion lioulevie i during
dic Haut of 7:10 am to 6:40 pun Wuclay l;uvu_-hJ iitl:ry only (exL� IcederaL FJuJidAy-+l in cxid fairy aeon
rhm Iwnd legmIIvck-.v -Hhrrl rlr fellows (rhr.'7•rrkinp Co9fau)tt ":
Lot 31 aad P.tr•tiorls Of LOLS 32 aids' ?-S uf'll :a•L 26357, u4 rect) mkxd in 8 uok 6:5 Pagc s 9-5-
98, inrlr,sivia, of Records ofUts. Wass Cot;aty,asmove p.atiuuLmLy des r;b:LLry1
Lx hLH t -A" (I he "'Building 54L- 11.
Tbis P.' king CAveran•. is made wish spet:ific: rut+ mmcc to tact certain I.cS3. AgL awiLt dated
17xemK -r 20, 19AR, n4 nm ixied, by ;11x1 betweel1 X- Fictar, L.P., as Le4sm' (by Smocessiuu) and );.crux
C0t•pLWofiU11. ax Lemwce (ln• suLu:%*.hm), whrmhy r xid Cxssee lea.-m4 nca WAIrtiog ,Sim and the. P><rkrng Sir►
ithc "Jl~'). Th :: Tetin to Lhs Lease oA iten Duuembtu- 31. 2013. unlraN Lre.,ee rxeu;isr• iu, ol.don tD
extend, in which evont th : srrm of tit,: I .. e4: ,,xpilrs 17rnnm3,'r 31. ?U23 (the 'Lease EXt)iruliouD61W).
NOLWOLSLaUdiM ituy utlrra• W rixion is :h:x dut:umrrm or i-I Lhr Lxromc exproesltr or ins [11icdre m
the rnntrnrr:
0) dir Parkin, Cuv : -r1w11 in I ugly unairr all Oma subordinate to, and dccs not in any way
aft`ta.' Or eUAZLlnlbOV. the kaa GCBs. J1Anx%L4 of ihuprauut c>'r I'utme ownewtal of llrc Ruilding Citc
andfpr th•- Parking SIV (altullativrly, an "O%V=" a,td culJetxiyely. the "i)wnrr :'), euL iK
rxrrersly tins anlely to nc�1 I .rn sc and th^ occllpauc} of Xcrox a,11d its aticomejes anti asaiuu
(;;ulloutively, "Lesser ") umber the LwlAz rin purpome4 of itF durxtin_. and cffer.rivrnrs>;, roil is
Minding upoa Lessee iLad Lessor:
r2t Lhe Asrking r:ovrnnne cxrirm auromrzirsllly nn d in its c ntJr «' on the somier of tlu
follm-ing (Lhc'Parkine CuvemULL L'xpiruLicm Dalr" )r (A) midnight cm the ] --nq. hxpimtion Dxt•=.
or (81 any gullet (lair, of Ltieni nlieu of the Lcumv i umuxtl W LhoLmiz -, yr (C) Lhe date LhaL Lhe
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Page 1 of I
Christensen, Kimberly
From: rhessenius @aol.com
Sent: Wednesday, February 06, 2008 12:35 PM
To: Christensen, Kimberly
Subject: February 28 Planning Commission Hearing (Xerox)
Dear Ms. Christensen:
As per my voicemail message to you of a couple of minutes ago, I am an attorney for X- Factor, one
of the participants in the above referenced matter. I would like to review El Segundo's
"subdivision" ordinance as it existed up until December 31, 1968. My understanding is that this
would involve Chapter 28 of the municipal code. Based on what I have seen to date, it looks like a
subdivision law was originally enacted in 1951 (Ord. No. 379), and then substantially amended or
perhaps restated and amended in 1959 by Ordinance No. 536. If my assumptions are correct,
what I think I need to see is Chapter 28 as it existed in 1959, and any amendments through 1968.
Your office was kind enough to collect and send to Robert Andreani similar materials
principally relating to Chapter 34 (the zoning ordinance, although there were some subdivision
materials included in that production as well). I wonder whether the same could now be done for
me with respect to the subdivision ordinance only. Of course, I would be happy to come to your
offices and review the materials there, if that is feasible.
Thank you very much for any help you could provide to me. I look forward to speaking with you
in the future.
LAW OFFICE OF RICHARD S. HESSENIUS
A Professional Corporation
720 Thirtieth Street, Manhattan Beach, California 90266
Telephone: 310 -545 -8131
E -Mail: RHessenius @aol.com
The information contained in this e-mail message is intended only for the personal and confidential use
of the designated recipients. This message may bean attorney - client communication, and as such is
privileged and confidential. If the reader of this message is not an intended recipient, you are hereby
notified that any review, use, dissemination, forwarding or copying of this message is strictly prohibited.
Please notify us immediately by reply e -mail or telephone, and delete the original message and all
attachments from your system. Thank you.
More new features than ever. Check out the new AOL Mail!
2/28/2008
Page 1 of 2
Christensen, Kimberly
From:
Chicots, Gary
Sent:
Wednesday, February 27, 2008 1:17 PM
To:
Berger, Karl
Cc: Christensen, Kimberly
Subject: FW: Declaration
Karl, FYI.
Gary
From: rhessenius @aol.com [mailto:rhessenius @aol.com]
Sent: Wednesday, February 27, 2008 12:31 PM
To: Chicots, Gary
Subject: Fwd: Declaration
Dear Gary:
Attached hereto is the Declaration of Behrouz Soroudi which is referenced in my February 27 letter.
Best regards,
Richard.
LAW OFFICE OF RICHARD S. HESSENIUS
A Professional Corporation
Telephone: 310 -545 -8131
E -Mail: RHessenius @aol.com
The information contained in this e-mail message is intended only for the personal and confidential use
of the designated recipients. This message may be an attorney - client communication, and as such is
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- - - -- Original Message---- -
From: Darlene Flores < Darlene @maxxamllc.com>
To: rhessenius @aol.com
Sent: Thu, 21 Feb 2008 4:19 pm
Subject: FW: Declaration
Richard,
On behalf of Behrouz Soroudi, attach please find the singed Declaration of Behrouz Soroudi.
Darlene Flores
Maxxam Enterprises
2/27/2008
X61
Page 2 of 2
9595 Wilshire Blvd., #501
Beverly Hills, CA 90212
T: (310) 246 -6500 x111
F: (310) 246 -0124
E: Darlene@MaxxamLLC.COm
* **CONFIDENTIALITY NOTICE * **
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167
DECLARTION OF BEHROUZ SOROUDI
I, Behrouz Soroudi, the undersigned, declare as follows.
1. I am the Secretary of Panorama Delta, Inc., a California corporation
( "Panorama "). Panorama, in turn, is the general partner of X- Factor, L.P., a
California limited partnership ( "X- Factor ").
2. I am authorized by both Panorama and X- Factor to make this declaration. I
know all of the following facts of my own personal knowledge and, if called
as a witness in this matter, could and would competently testify thereto.
3. X- Factor purchased the property commonly known as 701 S. Aviation
Boulevard, El Segundo, California (the "property ") in August 2003 for an
amount exceeding $5 million. I was the representative of X- Factor who was
actively involved in arranging for the purchase of the property.
4. X- Factor has owned the property since August 2003 and is the current
owner of the property.
5. At the time X- Factor purchased the property, neither X- Factor nor its
partners knew that there was any actual or potential subdivision law
violation applicable to the property. To the contrary, X- Factor purchased
title insurance in connection with its acquisition of the property, and the
policy of title insurance did not reflect any subdivision law violation.
Neither the seller nor anyone else involved in the transaction conveyed any
information to me indicating that there might be a violation of the
subdivision laws.
6. I first learned that the City of El Segundo contended that the property had
been unlawfully subdivided some time during the fall of 2007.
7. It is my understanding, based upon the documents generated in connection
with X- Factor's acquisition of the property, that the property was developed
in 1967.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on February 21, 2008 at Beverly Hills, California.
Be ouz Soroudi
163
Page 1 of 2
Christensen, Kimberly
From: bob.andreani [bob.andreani @sbcglobal.net]
Sent: Wednesday, February 27, 2008 1:24 PM
To: Chicots, Gary; Christensen, Kimberly; Hensley, Mark; Berger, Karl
Cc: ' bob.andreani'; rhessenius @aol.com
Subject: Letter Submission By X- Factor L.P. for El Segundo Planning Commission Hearing 2 -28 -08 Re
Parking Covenants
Dear Ms. Christensen and Messrs. Chicots, Hensley and Berger:
Attached please find a letter from me to the Planning Commission of El Segundo,
submitted on behalf of my client, X- Factor, L.P., for your and the Planning Commission
members' consideration in connection with the Planning Commission hearing scheduled
for tomorrow evening.
Thank you, Bob Andreani
LAW OFFICES of ROBERT P. ANDREANI
Citigroup Center
444 S. Flower Street
Suite 500, Fifth Floor
Los Angeles, California 90071 -2906
Telephone: 213- 891 -9555
FAX: 213 -891 -1515
Cell: 213 - 215 -1822
E -Mail: Bob.Andreani @sbcglobal.net
THIS MESSAGE IS INTENDED TO BE A CONFIDENTIAL COMMUNICATION, AND IT MAY BE SUBJECT TO
ATTORNEY- CLIENT COMMUNICATION PRIVILEGE, ATTORNEY WORK - PRODUCT PRIVILEGE OR ANOTHER
PRIVILEGE. THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL(S) TO WHOM IT IS
ADDRESSED. Any other use of this message is prohibited. If you have received this message in error, please notify us
immediately by reply e -mail to Bob.Andreani(c�sbcelobal.net and delete the message. Thank you.
IF DOCUMENTS ARE ATTACHED TO THIS E -MAIL MESSAGE PLEASE READ THE
FOLLOWING:
Robert P. Andreani Attorney -at -Law cannot opine on the enforceability of any changes made to the
transmitted document(s) that have not been drafted or reviewed by him, nor can he opine on the
suitability of the transmitted document(s) for any other transaction other than the one to which it/they
relate. Therefore if changes are made to the transmitted document(s), by so doing, you assume the risk
that changes to the document(s) made by you without counsel's review may not (a) be enforceable under
California law, (b) be suitable for the purposes intended, or (c) achieve your desired objectives as such
have been articulated to me prior to the transmission of the transmitted document(s). In addition, any
legal advice given to you by Robert P. Andreani Attorney -at -Law with respect to the transmitted
document(s) shall be deemed not to cover or take into effect any changes made to the document(s) in
your office if such changes are not reviewed by Robert P. Andreani Attorney -at -Law prior to their
execution.
Law Offices Of
.ROBERT P. ANDREANI
Citigroup Center
444 S. Flower Street
Fifth Floor, Suite 500
Los Angeles, California 90071 -2906
TEL 213 - 891 -9555
FAX 213 - 891 -1515
February 27, 2008
ROBER r I'. A\URIL01
213-891 -9555
E-Mail: Bob. Anti reani6e.slm„luhal.net
VIA E -MAIL
El Segundo Planning Commission
c/o Mr. Gary Chicots, Planning Director (GC'hicots(ii,�ElSegundo.o•a)
and Ms. Kimberly Christensen, Planning Manager (KChristensenCO)EISebundo,org)
Planning & Building Safety Department
of the City of El Segundo
350 Main Street
El Segundo. California 90245-3813
Re: Intention to Record Notice of Violation —
Government Code Section 66499.36 — 701 -711 S. Aviation Boulevard:
Written Submission by X- Factor, L.P.
Regarding Parking Covenant Replacement
To The Honorable Members of the Planning Commission:
I ain co -legal counsel (together with Richard S. Hessenius, Esq.) to X- Factor.
L.P.. a California limited partnership (`'X- f=actor "). X- Factor is the current owner of real
properly improved with a single, 3 -story commercial building commonly known as 701-
711 S. Aviation Boulevard in El Segundo (the "701 Property "). On about .lanuaty 30,
2008, the Planning & Building Safety Department of the City of 1331 Segundo (the "CiAt")
sent X- Factor a written notice entitled "Notice n ,7olathon: Intention To Record:l Notice
of 17olation in , I ccordance ff ith Gcwernment C'ocle Section 66 !99.36' (the "January 30
Notice "), relative to the above. the subject of which is set for a continued hearing of the
Planning Commission tomorrow.
This letter is submitted to address only one aspect of the January 30 Notice, which
is the subject of parking covenants. Two parking covenants were improperly signed and
500512o.A.002 Myn
lb:;
Cl Segundo City Planning Commission l-cbruary 27, 2008
X- Factor: L.P. Submission 2 -28 -08 Hearing 701-711 Aviation Blvd.
recorded by Xerox Corporation in 2001. One of them allocated parking from X- Factor's
Property to the property at 555 Aviation Boulevard, and the other allocated parking from
855 S, Aviation Boulevard (Lot 30) to the 701 Property. Both Xerox and the City's
Planning Staff have acknowledged that these 2001 parking covenants were improperly
entered into and should be removed. With respect to the second of such parking
covenants, in the Planning Commission Stall'Report, dated December 13, 2007, that was
prepared and disseminated in advance of the previous Planning Commission hearing on
that date (the "December 13 Staff Report "), on page 7 thereof, under the heading
"Parking Covenants ". City Planning Staff stated:
"'There is an existing covenant and agreement (Instrument No. oi-
204705) for off -site parking for 452 parking spaces which was
incorrectly recorded on Februar'N1 7, 2001 with the tenant's [Xerox's]
signature rather than the property owner allocating parking from 855
S. Aviation Boulevard to 711 S. Aviation Boulevard."
"The existing covenant would be terminated and is proposed to be
replaced A%ith a new covenant that iwould allocate 490 parking spaces
from 855 S. Aviation Boulevard to be used to meet parking
requirements for the building at 701 and Iii S. AN-iation Boulevard.
The covenant and agreement will run \ ,\-ith the leasehold interest of the
tenant which is currently the Xerox Corporation."
The new covenant referred to in the December 13 Staff Report citation above was
prepared and agreed to by Xerox and X- Factor, was signed and was submitted to
Planning Staff (together with a proposed Termination of the old 2001 covenant and a
written '*Consent of Owner" fro►n X- Factor) with a request that the old covenant
termination and the new covenant both be approved by the City and recorded. [lased
upon the recommendation of Planning Staff, the new covenant was approved by the
Planning Commission, but its approval was conditioned upon X- Factor submitting a
Request for Certificate of Compliance, as reflected in the January 30 Notice itself, which
states that the Planning Commission has
'.reviewed and approved the off - street parking agreement subject
to completion of the Certificate of Compliance process at its
meeting on December 13, 2007." (emphasis added)
By this letter. X- Factor respectfully requests that the Planning Commission
remove the above -cited condition to the effectiveness of the new parking covenant
relative to 855 and 701 -711 Aviation, and allow for the recordation of (i) the Termination
of the old, improper 2001 covenant and (ii) the new parking covenant, now, irrespective
of the status of any alleged Subdivision Map Act violation and without the submission by
X- Factor of a Request for Certificate of C'ornplianec.
5005120.A.002 ivtyD 2
El Segundo City Planning Commission February 27, 2008
X- Factor, L.P. Submission 2 -28 -08 Hearing 701-711 Aviation Blvd.
The fact remains that the 2001 parking, covenants were improper, and the new
covenant will provide for sufficient parking at the subject site, All interested parties have
agreed to remove the old covenant and to replace it with the new covenant involving 855
and 71 1 -71 1 Aviation (collectively, the ''Parking Covenant Replacement''). The only
stated reasons for delaying the Parking Covenant Replacement that have been offered by
Planning Staff are the following:
❑ IF' there is to be a lot line adjustment as part of a Certificate of
Compliance procedure, the legal description of the subject lots may
change: and
❑ Xerox has indicated its desire to construct tenant improvements within
the subject building, which may involve changes to some of the uses
and the required parking ratios may therefore shift.
Those are not sufficient grounds to withhold the Parking Covenant Replacement, for the
reasons discussed below:
1. There may not ever even be a lot line adjustment or a Certificate of
Compliance procedure that is implemented here. (As you know, X- Factor maintains that
it is not in violation of the Subdivision Map Act and does not have to submit to a
compliance procedure.) In either event, however, there is no problem in accomplishing
the Parking Covenant Replacement now, in advance of any potential future lot line
adjustment. If in fact there is a future lot line adjustment, then the legal description of the
lots in question will either be exactly equivalent to the legal descriptions which currently
are of- record, or they may be different. If they are equivalent, then there is absolutely no
problem in having previously recorded the new parking covenant under the pre -lot line
legal descriptions. If the lot line results in a non - equivalent legal description, then the
previously recorded Parking Covenant Replacement documents will still, as a matter of
law, remain applicable to the property, as will all other previously recorded documents.
If that were not true, then the recordation of a lot line adjustment would require that all
other previous recorded documents, such as deeds. deeds of trust, ctc., be re- recorded
with new legal descriptions, which is clearly not the case.
2. Similarly, Xerox may or may not ultimately perform tenant improvement
construction in the subject building which may or niay not change the overall parking
ratio requirements. (As you know, X- Factor's consent to any such work is required under
its lease with Xerox, and X- f=actor has not consented to the work.) in either event, the
Parking Covenant Replacement will bu appropriate. If X- f=actor consents and Xerox
performs tenant improvement work in the futUrC, it will be subject to the availability of
sufficient parking for the intended changes in use at that time, and if the proposed new
parking covenant does not provide for sufficient parking, then additional parking \NU
need to be somehow found, or Xerox's plans will need to be adjustcd, The proposed new
parking covenant allows for the same number of parking spots as the current. improper
5005120.A.002 Nl) -D L Ej i
F1 Segundo City Planning Commission February 27. 2008
X- Fxtor, L.P. Submission 2 -28 -08 Hearing 701-711 Aviation Blvd.
2001 covenant provides. The Planning Staff has acknowledged that it provides liar more
than enough parking spaces for the current build -out and the current uses in the subject
building. Therclorc, Ihere is no reason to refrain from completing the Parking Covenant
Replacement now.
The situation with respect to the other 2001 covenant bears some similarity to the
855 — 701 covenant. h involves parking that was improperly allocated by Xerox (as a
tenant) from X- Factor's property in favor of the 555 Aviation property. In addition,
however, that 2001 covenant between 555 and 701 Aviation purported to convey parking
rights that should not have even been conveyed by the owner. They involved separate
ownerships and separate properties that were not related to each other even by common
leasehold interests. We are informed that a termination of that 2001 555 -701 covenant
and its replacement with a covenant that does not burden X- Factor's property. has also
been proposed and agreed -to by the parties, and by Planning Staff, and that appropriate
correcting documentation has also been prepared and signed by the necessary patties and
submitted to the City, but that the Planning Commission has placed a similar condition
precedent to their implementation and recordation. Although X- Factor is not privy to the
relationship between Xerox and the owner of 555 Aviation, X- Factor believes that the
correcting documentation for this other 2001 covenant should also he accepted by the
City and recorded now, so that X- Factor's "title" can he cleared of these improper
parking burdens, regardless of whatever else may be pending between (it- among any of
Xerox, the City and the 555 Aviation owner.
Both of the old 2001 parking covenants were. by everyone's admission, improper.
They need to be removed and replaced, now. Since all interested parties are in agreement
about the need to achieve these corrective measures now, the City should not impose any
unnecessary conditions.
Thcrelurc. X- Factor again respectfully requests that the Planning Commission
authorize its Planning Staff to accomplish the Parking Covenant Replacement now, and
allow at least the termination of the 2001 555 — 701 covenant now, without any
conditions.
Respectfully submitted,
Law Oft-ices of Itol crt 1'. A reani
Co -Coto, -F
By•..
itherl 1 ". Andreani
cc: X- Factor. L.P.
5005120.A,002 MyD 4 i f)
Page 1 of 2
Christensen, Kimberly
From: bob.andreani [bob.andreani @sbcglobal.net]
Sent: Wednesday, February 27, 2008 1:56 PM
To: Chicots, Gary; Christensen, Kimberly; Hensley, Mark; Berger, Karl
Cc: 'bob.andreani'; rhessenius @aol.com; bandreani1 @aol.com
Subject: FW: More Legibile Copy: Letter Submission By X- Factor L.P. for El Segundo Planning Commission
Hearing 2 -28 -08 Re Parking Covenants
Here is a "darker" scanned PDF copy of the same letter I submitted to you earlier
today, which may be more legible and easier to photocopy. It is the exact same
text as the prior lighter PDF copy. Please feel free to use this copy in place of
the prior one. Thank you, Bob Andreani
LAW OFFICES of ROBERT P. ANDREANI
Citigroup Center
444 S. Flower Street
Suite 500, Fifth Floor
Los Angeles, California 90071 -2906
Telephone: 213- 891 -9555
FAX: 213- 891 -1515
Cell: 213- 215 -1822
E -Mail: Bob.Andreani @sbcglobal.net
THIS MESSAGE IS INTENDED TO BE A CONFIDENTIAL COMMUNICATION, AND IT MAY BE SUBJECT TO
ATTORNEY- CLIENT COMMUNICATION PRIVILEGE, ATTORNEY WORK- PRODUCT PRIVILEGE OR ANOTHER
PRIVILEGE. THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUALS) TO WHOM IT IS
ADDRESSED. Any other use of this message is prohibited. If you have received this message in error, please notify us
immediately by reply e-mail to Bob.Andreani chi sbclobal.net and delete the message. Thank you.
IF DOCUMENTS ARE ATTACHED TO THIS E -MAIL MESSAGE PLEASE READ THE
FOLLOWING:
Robert P. Andreani Attorney -at -Law cannot opine on the enforceability of any changes made to the
transmitted document(s) that have not been drafted or reviewed by him, nor can he opine on the
suitability of the transmitted document(s) for any other transaction other than the one to which it/they
relate. Therefore if changes are made to the transmitted document(s), by so doing, you assume the risk
that changes to the document(s) made by you without counsel's review may not (a) be enforceable under
California law, (b) be suitable for the purposes intended, or (c) achieve your desired objectives as such
have been articulated to me prior to the transmission of the transmitted document(s). In addition, any
legal advice given to you by Robert P. Andreani Attorney -at -Law with respect to the transmitted
document(s) shall be deemed not to cover or take into effect any changes made to the document(s) in
your office if such changes are not reviewed by Robert P. Andreani Attorney -at -Law prior to their
execution.
From: bob.andreani [ mailto :bob.andreani @sbcglobal.net]
Sent: Wednesday, February 27, 2008 1:24 PM
To: GChicots @ElSegundo.org; 'Christensen, Kimberly'; MHensley @LocalGovLaw.com; KBerger @LocalGovLaw.com
1) i110 iInn0
Page 2 of 2
Cc: 'bob.andreani'; rhessenius @aol.com
Subject: Letter Submission By X- Factor L.P. for El Segundo Planning Commission Hearing 2 -28 -08 Re Parking
Covenants
Dear Ms. Christensen and Messrs. Chicots, Hensley and Berger:
Attached please find a letter from me to the Planning Commission of El Segundo,
submitted on behalf of my client, X- Factor, L.P., for your and the Planning Commission
members' consideration in connection with the Planning Commission hearing scheduled
for tomorrow evening.
Thank you, Bob Andreani
LA W OFFICES of ROBERT P. ANDREANI
Citigroup Center
444 S. Flower Street
Suite 500, Fifth Floor
Los Angeles, California 90071 -2906
Telephone: 213 -891 -9555
FAX: 213- 891 -1515
Cell: 213 -215 -1822
E -Mail: Bob.Andreani Ca) sbcglobal.net
THIS MESSAGE IS INTENDED TO BE A CONFIDENTIAL COMMUNICATION, AND IT MAY BE SUBJECT TO
ATTORNEY- CLIENT COMMUNICATION PRIVILEGE, ATTORNEY WORK- PRODUCT PRIVILEGE OR ANOTHER
PRIVILEGE. THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUALS) TO WHOM IT IS
ADDRESSED. Any other use of this message is prohibited. If you have received this message in error, please notify us
immediately by reply e -mail to Bob. Andreani(a-,sbcglobal.net and delete the message. Thank you.
IF DOCUMENTS ARE ATTACHED TO THIS E -MAIL MESSAGE PLEASE READ THE
FOLLOWING:
Robert P. Andreani Attorney -at -Law cannot opine on the enforceability of any changes made to the
transmitted document(s) that have not been drafted or reviewed by him, nor can he opine on the
suitability of the transmitted document(s) for any other transaction other than the one to which it/they
relate. Therefore if changes are made to the transmitted document(s), by so doing, you assume the risk
that changes to the document(s) made by you without counsel's review may not (a) be enforceable under
California law, (b) be suitable for the purposes intended, or (c) achieve your desired objectives as such
have been articulated to me prior to the transmission of the transmitted document(s). In addition, any
legal advice given to you by Robert P. Andreani Attorney -at -Law with respect to the transmitted
document(s) shall be deemed not to cover or take into effect any changes made to the document(s) in
your office if such changes are not reviewed by Robert P. Andreani Attorney -at -Law prior to their
execution.
1nQiInnu
Assessor Map
C4 mty of Los An7fts Ria Aiarbooh, Ass9sso'
4138
`� rrTAW AVE. s _
rlil b
r�
TRACT NO 26557
m D. 075 -93•9D
-ON
out
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Page 1 of 1
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http: // maps. assessor. lacounty .gov /mappinglgifimage2P. asp ?imgpath= /giflbk4l 38/4138009... 4/12/2007
LAW OFFICE OF RICHARD S. HESSENIUS
A PROFESSIONAL CORPORATION
STATE BAR NO. 76765
TELEPHONE: 310 - 545 -8131
EMAIL: RHESSENIUS @AOL.COM
February 27, 2008
Via E -Mail
EL SEGUNDO PLANNING COMMISSION
Mr. Gary Chicots, Director (GChicots@ElSegundo.org)
Re: NOTICE OF VIOLATION AND INTENTION TO RECORD A NOTICE OF
VIOLATION CONCERNING 711 S. AVIATION BOULEVARD (APN: 4138-
009 -015
TO THE HONORABLE MEMBERS OF THE EL SEGUNDO PLANNING
COMMISSION:
I, along with Robert Andreani, represent X- Factor, L.P. ( "X- Factor "),
the owner of property variously referred to as 701 S. Aviation
Boulevard and 711 S. Aviation Boulevard. The purpose of this
correspondence is to supplement Mr. Andreani's December 5, 2007
letter and X- Factor's presentation to the Planning Commission on
December 13, 2007. The subject of this letter is the stated intention of
the City of El Segundo (the "City ") to record a "notice of violation"
respecting an alleged "subdivision violation" which occurred in
1967.
As may be recalled, the hearing on this matter was continued in
order to give the parties a further opportunity to resolve certain
differences and to enable X- Factor's representatives to review the
City's legal position. Although substantial progress has been made
In private efforts to settle the dispute (including, without limitation, the
parties' firm agreement to terminate certain parking covenants
which were improperly recorded in 2001, and their submission to the
City of all documents necessary to effect such termination), X- Factor
is not yet in a position to represent that all of its differences with
Xerox have been concluded. It is hoped that, within a brief
additional period of time, we will be able to advise that all
negotiations have been successfully completed.
As the Staff of the Planning Commission ( "Staff ") has been advised,
X- Factor has deferred submitting this letter in the hope that it could
report that a global settlement had been reached. Since that is no
longer feasible, and given the shortness of time, I have outlined
below X- Factor's legal position concerning the proposed citation.
INTRODUCTION
With the cooperation of the Staff, I have had an opportunity to review
the various authorities which govern the resolution of this matter. I
have concluded that there is no basis for either the issuance or the
recordation of a notice of violation against X- Factor. I therefore urge
the Planning Commission to withdraw the intended notice of
violation.
BACKGROUND
1 J
X- Factor is the owner of certain property located in the City. This
property shall be referred to as the "701 property ". The neighboring
property is located at 555 S. Aviation Boulevard and is owned by 555
Aviation, Ltd. It shall be referred to as the "555 property." Xerox
Corporation ( "Xerox ") leases both the 701 property and the 555
property.
In late 2006, Xerox sought X- Factor's consent to certain tenant
alterations of an office building located on the 701 property. X-
Factor declined to consent to the proposed alterations, contending
that, among other things, Xerox had defaulted under its lease by
recording certain parking covenants in February 2001. That dispute
is now the subject of a pending arbitration proceeding.
Notwithstanding X- Factor's declination, Xerox applied to the City for
permits necessary to undertake the construction work and to remove
the 2001 parking covenants. In the course of reviewing that
application, Staff concluded that the 701 property and the 555
property were not properly subdivided in 1967, and that a certificate
of compliance must therefore be obtained in connection with a lot
line adjustment, before any building permit could issue.
On December 13, 2007, the Staff of the Planning Commission issued
Its report recommending citations against the owner of the 555
property and the owner of 701 property. The basis for each citation
was an asserted violation of the Subdivision Map Act ( "SMA ") and
corresponding city code provisions, when the two parcels which are
currently the 555 property and the 701 property were divided and
Improved in the 1960s.
Staff's analysis is set forth below:
"The real property identified as 711 S. Aviation Boulevard (APN No.
4138 - 009 -015) and 701 S. Aviation Boulevard (APN No. 4138 - 009 -016)
�'r14
was legally subdivided into three lots (lots 31, 32 and 35) by Tract
Map No. 26557 recorded on August 28, 1961. A building permit was
applied for on July 14, 1967 and issued on September 19, 1967 for a
new office building and surface parking on the property located at
701 S. Aviation Boulevard (Lots 1, 2, 3, 4, 30, 31, 32, and 35 of Tract
26557). On or about September 26, 1967, the real property was
divided into two parcels without approvals under the Subdivision
Map Act (Government Code sections 66410 et seq.) or the El
Segundo Municipal Code ( "ESMC "). El Segundo Municipal Code
Section 34.2 (effective in October 1962) defined a lot as `(1) A parcel
of real property when show as a delineated parcel of land with a
number or other designation on a plat recorded in the office of the
county recorder,' and `(2) A parcel of land containing not less than
the prescribed minimum square footage required in the zone in
which it is located, nor more than one acre, the dimensions or
boundaries of which are detlned by a record of survey recorded
pursuant to law when recorded in the office of the county recorder
and which abuts at least one public street or private easement
determined by the commission to be adequate for purposes of
access from a street...' Further, ESMC Section 34.110 allowed the
division of lots or parcels containing more than two times the
minimum required lot area into a maximum of four lots with
requirements for direct access to a public street or with approval by
the planning commission and the city council for divided parcels
with access by an easement. Consequently, it appears that the
subdivision violates Government Code Section 66412.6 since no
record of survey was recorded in compliance with the zoning
regulations and minimum lot size for the reconfiguration of Lots 31,
32, and 35 of Tract 26557 into two lots on or about September 26,
1967."
LEGAL ARGUMENT AGAINST IMPOSITION OF THE CITATION
i'1 �
X- Factor disputes that there has been a violation of either state or
municipal law in this matter. However, even if the alleged "divider"
of the properties violated some law in 1967, that violation could not
be held against a subsequent purchaser (like X- Factor) of the
property.
In this regard, Government Code Section 66412.6(b), states, in
relevant part:
"For purposes of this division or of a local ordinance enacted
pursuant thereto, any parcel created prior to March 4, 1972,
shall be conclusively presumed to have been lawfully created
if any subsequent purchaser acquired that parcel for valuable
consideration without actual or constructive knowledge of a
violation of this division or the local ordinance. Owners of
parcel or units of land affected by the provisions of this
subdivision shall be required to obtain a certificate of
compliance or a conditional certificate of compliance pursuant
to Section 66499.35 prior to obtaining a permit or other grant of
approval for development of the parcel or unit of land."
Accord, 9 Miller & Starr, California Real Estate (3d ed.), sec. 25:13.
Section 66412.6(b) became operative on January 1, 1995.
Under Section 66412.6(b), X- Factor cannot be held in violation of the
SMA at this time, and the City cannot now properly record a notice
of violation, if: (1) the parcel was created before March 4, 1972; (2)
X- Factor acquired the property for valuable consideration; and (3)
X- Factor did not have actual or constructive knowledge of a
subdivision violation at the time it purchased the property. Each of
these requirements is established in this matter by the Declaration of
Behrouz Soroudi, submitted concurrently herewith.
It is true that, under the foregoing statute, the City may require X-
Factor or any other party to apply for a certificate of compliance
before issuing any permit for development work. However, X- Factor
seeks no such permit. See, e.g., Keizer v. Adams, 2 Cal. 3d 976
(1970); Van't Rood v. County of Santa Clara, 113 Cal. App. 4th 549
(2003). Unless and until it does so, there is no basis for issuing a
citation.
CONCLUSION
There is no showing that X- Factor has violated any law or regulation.
Nor does X- Factor seek any relief, remedy or benefit from the City.
X- Factor has not applied for a building permit or other license, and
has no current intention of further developing the property. It is now,
and has always been, a "passive" owner.
Accordingly, the City should recognize that there has been no
violation of any law, and withdraw the proposed citations.
Respectfully submitted,
R- ," S. H,144 �
Richard S. Hessenius
Attorney At Law (SBN 76765)
i +7
RESOLUTION NO. 2629
A RESOLUTION DIRECTING THE PLANNING AND BUILDING SAFETY
DIRECTOR TO RECORD A NOTICE OF VIOLATION REGARDING REAL
PROPERTY LOCATED AT 711 S. AVIATION BOULEVARD (LOT 31, A
PORTION OF LOT 32 AND A PORTION OF LOT 35 OF TRACT 26557;
APN NO. 4138-009-015) IN ACCORDANCE WITH GOVERNMENT CODE
§§ 66410, ET SEQ.
The Planning Commission of the City of El Segundo does resolve as follows:
SECTION 1: Findings. Based upon testimonial and documentary evidence presented
during public hearings held on December 13, 2007, and February 28, 2008, the Planning
Commission finds as follows:
A. On or about March 20, 2007, the City received an application relating to real
property located at 711 South Aviation Boulevard (Lot 31, and a portion of Lot
32 and a portion of Lot 35 of Tract 26557; APN No. 4138 - 009 -015). This
Resolution generally and collectively refers to this real property as the
"Property."
B. During the course of reviewing the application for completeness, City staff
researched the land use history of the Property including, without limitation,
how the Property was subdivided.
C. By Map No. 26557, recorded August 28, 1961, the Property was legally
subdivided into three lots. A graphical depiction of Map No. 26557, showing
the three legal Lots 31, 32 and 35, is attached as Exhibit "A," and
incorporated by reference (the "Map ").
D. The Property is improved with a 265,654 square -foot office and industrial
building which was constructed in accordance with a building permit issued on
September 19, 1967.
E. By grant deed recorded on or about September 26, 1967, the Property was
divided into two parcels (1967 Subdivision "). This division is identified on the
Map as the "Deed Line."
F. El Segundo Municipal Code § 34.2, in effect at the time of the 1967
Subdivision (the "Old ESMC "), defined a lot as:
"A parcel of real property when shown as a delineated parcel of land
with a number or other designation on a plat recorded in the office of
the county recorder," and
2. "A parcel of land containing not less than the prescribed minimum
square footage required in the zone in which it is located, nor more
than one acre, the dimensions or boundaries of which are defined by a
�'� S
record of survey pursuant to law when recorded in the office of the
county recorder and which abuts at least one public street or private
easement determined by the commission to be adequate for purposes
of access from a street."
G. Old ESMC § 34.110 allowed subdivision of lots or parcels containing more
than two times the minimum required lot area into a maximum of four lots with
requirements for direct access to a public street or with approval by the
planning commission and the city council for divided parcels with access by
an easement.
H. There are no records evidencing that the 1967 Subdivision was approved by
the City in accordance with applicable law.
There are no records evidencing that the 1967 Subdivision was properly
surveyed, complied with the Old ESMC, or otherwise met the requirements of
applicable law as to zoning, minimum lot size, or subdivisions.
J. On October 15, 2007, the City provided notice in accordance with
Government Code § 66499.36 to the Property's owners regarding the City's
intent to record a notice of violation ( "NOV') against the Property. Among
other things, the letter notified the Property's owners that the Planning
Commission would consider this matter at a public hearing on December 13,
2007.
K. By letter dated December 5, 2007, one of the Property's owners requested a
60 -day extension to resolve the apparent subdivision violation.
SECTION 2: Violation of Government Code §66412.6. The Planning Commission finds that
the Property violates Government Code § §66410, et seq., specifically Government Code
§66412.6, and the ESMC for the following reasons:
A. The Property was improperly subdivided from three parcels into two parcels by
grant deed recorded on or about September 26, 1967. No record of survey was
recorded in compliance with the City's local regulations including, without
limitation, the Old ESMC §§ 34.2 and 34.110, to allow a subdivision of Lots 31,
32 and 35 on the Map.
B. The City did not approve a lot line adjustment, certificate of compliance or
conditional certificate of compliance for creating any lot on the Property before
March 4, 1972 other than the subdivision approved by the Map.
SECTION 3: Recording of NOV. Release. The Planning and Building Safety Director, or
designee, is directed to record a NOV against the Property in accordance with this
Resolution and Government Code § 66499.36 within this resolution. The NOV constitutes
actual notice to the current owner and constructive notice of the violation to all subsequent
owners for the Property. Should the City issue a certificate of compliance regarding the
Property, approve a lot line adjustment, or grand additional approvals in accordance with
the Subdivision Map Act and other applicable law affecting the Property, then the Planning
and Building Safety Director, or designee, is authorized to release the NOV.
SECTION 4: This Resolution will remain effective unless superseded by a subsequent
resolution.
SECTION 5: The Commission Secretary is directed to mail a copy of this Resolution to the
Property's owners and to any other person requesting a copy.
SECTION 6: This Resolution may be appealed within ten (10) calendar days after its
adoption. All appeals must be in writing and filed with the City Clerk within this time period.
Failure to file a timely written appeal will constitute a waiver of any right of appeal.
SECTION 7: Except as provided in Section 7, this Resolution is the Commission's final
decision and will become effective immediately upon adoption.
PASSED, APPROVED AND ADOPTED this 28th day of February 2008.
Cheryl Frick, Cifiairpers on
City of El Segu do Planning Commission
ATTE T:
Gary Chic , Secretary
Fellhauer - Aye
Fuentes - Aye
Rotolo - Aye
Wagner - Aye
Frick - Absent
APPROVED AS
Mark D. Hensla City Attorney r
_ T
By: i E
Karl H. Berger, Assistant City Attorney
R: Planning & Building Safety\P ECTS\ 726- 750\EA- 750 \EA- 750.PCreso2629 final.2008.2.28.doc
i { t�
MINUTES OF THE MEETING
OF THE PLANNING COMMISSION
OF THE CITY OF EL SEGUNDO, CALIFORNIA
December 13, 2007
Chair Frick called the El Segundo Planning Commission meeting to order at 7:00 CALL TO ORDER
p.m. in the El Segundo City Hall's Council Chambers, 350 Main Street, El
Segundo, California.
Chair Frick led the Pledge of Allegiance to the Flag. PLEDGE TO FLAG
PRESENT: WAGNER, FRICK, FUENTES, FELLHAUER and ROTOLO ROLL CALL
None. PUBLIC
COMMUNICATIONS
Chair Frick presented the Consent Calendar. CONSENT CALENDAR
Chair Frick presented Agenda Item E -1, Environmental Assessment No. 750. CALL ITEMS FROM
Address: 851 S. Aviation Boulevard (APN 4138 - 009 - 009)711 S. Aviation CONSENT
Boulevard (APN: 4138 - 009 -015) and 701 S. Aviation Boulevard (APN: 4138 -009-
016) and 555 S. Aviation Boulevard (APN 4138 - 009 -004).
Planning Manager Christensen addressed the Commission regarding an item WRITTEN
that was submitted to the City after the Planning Commission packets were COMMUNICATIONS
distribute to the Commission. Ms. Christensen stated that there are seven items
of additional communications on the dais and each of the items relate to item H-
2 on the agenda consisting of a series of email and letters.
Chair Frick presented Agenda Item H -2, Environmental Assessment No. 750. NEW BUSINESS -
Address: 711 S. Aviation Boulevard (APN: 4138 - 009 -015) and 701 S. Aviation PUBLIC HEARING
Boulevard (APN: 4138 - 009 -016)
Assistant City Attorney Berger itemized the letter and email correspondence as:
(1) a letter dated December 11, 2007 from Mr. Robert Andreani to Mr. Berger
and Brain Lee Kravetz. (2) an email correspondence dated December 13, 2007
at 5:26 pm between Mr. Berger and Dan Fisher with Xerox Corporation. (3) an
email correspondence dated December 21, 2007 at 10:05 am from Cynthia
Wolcott with Xerox Corporation to Mr. Berger. (4) an email correspondence
dated December 12, 2007 at 9:45 am from Cynthia Wolcott to Mr. Chicots and
Ms. Christensen. (5) an email correspondence dated December 12, 2007 at
12:14 pm from Brian Kravetz to Ms. Christensen and copied to Ms. Wolcott. (6)
an email correspondence dated December 12, 2007 at 3:17 pm between Tim
Kelly and Ms. Christensen and Mr. Chicots copied to Ms. Wolcott, Pat McDonald
and Amy Feller. (7) an email correspondence dated December 13, 2007 at 2:29
pm between Jody E. Sidebotham to Mr. Berger, Ms. Christensen and Mr. Chicots
and copied to Don Fisher.
Planning Manager Christensen presented the staff report (of record.)
El Segundo Planning Commission Meeting Minutes
December 13, 2007
0- 1
Chair Frick questioned why staff suggested two months as opposed to a greater
length of time to resolve this matter.
Planning Manager Christensen responded that the reason why staff proposed a
maximum of two months is that the City originally sent official notice on October
15, 2007. She stated that State law requires that the City hold a hearing within
thirty to sixty days following the issuance of the notice. She stated that staff has
been in lengthy discussions over a number of months trying to work with the
tenant and the property owner to resolve the matter. She stated that staff has
given adequate time to submit the necessary documents. Ms. Christensen
commented that staff believes that a hundred and eighty days is excessive.
Planning Director Chicots stressed the fact that staff has spent a considerable
amount of time, almost a year, and know it's our responsibility to ensure that all
the subdivisions in the city are done accordingly to the law. Mr. Chicots stated
that he believes that a six month continuance is excessive.
Vice -Chair Wagner asked Mr. Chicots to confirm that there will be "no" Building
Permits issued to Xerox for changes to there buildings until this issue is resolved.
Mr. Chicots answered that is "correct ". He stated that the property line is
questionable the way it was subdivided. He stated that there is a new proposed
line and the City can't issue building permits due to the violation of the building
code and the City will not issue any permits until it's resolved.
Commissioner Rotolo questioned if the applicant is able to apply for or start the
plan check process.
Mr. Chicots replied that the Planning and Building Safety Department has not held
up the plan check process but cannot issue the permit until the lot line adjustment
compliance gets resolved.
Chair Frick opened the public hearing.
Bob Andreani, Attorney for X- Factor
Mr. Andreani stated that he is here on behalf of X- Factor and is not an applicant
neither is he interested in applying for any permits. X- Factor owns the 711
Aviation Boulevard building and the_ entire parcel south of the deed line. X-
Factor is requesting that the Commission defer making a decision whether there
was a subdivision violation by granting six months to work this out with the other
parties involved and to return with a solution. He stated that X- Factor purchased
the property 5 years ago and Xerox is the tenant in a single building on the
property and occupies the entire building on a long term lease that's existed
since 1968. He stated that the building has been on the parcel for more than 40
years. He stated that building permits and certificates of occupancy have been
issued throughout this period of time with no complaint made until recently. Mr.
Andreani explained how the tenant at Xerox applied for some permits recently to
do extensive remodeling to the north property at 555 Aviation at which time the
Planning staff discovered that 40 years ago the property was deeded. Xerox
wanted to do some major renovation to 711 Aviation but they need approval from
the landlord under their lease. Mr. Andreani has not given Xerox permission due
to various reasons being he doesn't believe that the renovation to the building i ti
would be a good improvement and that it might violate the terms of the lease.
He stated that now there is a dispute regarding the improvement to the building
El Segundo Planning Commission Meeting Minutes
December 13, 2007
Paae 2
and it is in arbitration, which'is now pending.
Mr. Andreani confirmed that the issue with the parking is fine and that there is
plenty of parking on the property but he stated that Xerox improperly signed and
recorded a parking covenant that in 2000 -01 affected our property and gave
away our parking spaces on our lot along with another lot that Xerox was
occupying and now has breached their lease. He stated that our neighbor at 555
Aviation recently sent information regarding improvements on our property that
extended beyond the deed line onto their property which is encroaching on their
property. He stated that the neighbor is demanding that these improvements be
removed sometime in the future.
Commissioner Rotolo asked Mr. Andreani when does the current lease expire
with Xerox.
Mr. Andreani responded that Xerox has eight years left and has the right to
extend it for ten years giving Xerox a total of eighteen years left with the
extension.
Vice -Chair Wagner asked Mr. Andreani concerning the letter dated December
25, 2007 regarding parking covenant section four, that stated that "you didn't
want the covenant to be accepted due to the problem" but in the December 11,
2007 letter X- Factor never mentioned anything about the parking covenant. Mr.
Wagner asked Mr. Andreani if he is saying that the parking covenant is
acceptable.
Mr. Andreani answered "yes" and if there was any confusion he apologized.
Planning Director Chicots asked Mr. Andreani if X- Factor would be willing to sign
the parking covenant if the Commission asked.
Mr. Andreani replied that he believes the way it was written with Xerox entering
into the covenant as a tenant under their lease they are granting themselves
basically the right to use parking under their lease hold and that's fine if he can
work out the language.
Assistant City Attorney Berger intervened and asked Mr. Andreani for
clarification is that a "yes ".
Mr. Andreani replies "yes ", that they agree to the covenant. Mr. Andreani
clarified for Mr. Wagner his client is willing to sign the parking covenant, but that
there are two covenants one applies to X- Factor and the other one that they are
not being asked to sign for 555 Aviation.
Don Fisher, Attorney for Xerox Corporation
Mr. Fisher stated he appreciated working along with staff for the past year or
more. Xerox is the one use on both of the properties. Xerox has been a good
corporate citizen in El Segundo with over 600 employees in the City. He stated
that Xerox would like to finalize this issue quickly due to leases conditions in a
couple other buildings. He stated that one of them has already terminated and
another will be terminated shortly. He stated that the reason for the
improvement work on both properties (X- Factor at 701 Aviation & 555 Aviation)
is they are planning to move some employees and consolidate their staff into
both of these buildings. He stated that the permits that they are requesting is not
18')
1 v
El Segundo Planning Commission Meeting Minutes
December 13, 2007
PaaP.. 3
l
major construction. It's not structural work or tearing down a building and
rebuilding. He stated that it is just interior improvements. He stated that the
work has been approved by 555 Aviation Ltd which is cooperating with the work.
He stated that X- Factor has not agreed with the improvement to the building not
just the lot line or Subdivision Map Act issue.
Vice -Chair Wagner questioned staff if both parties were to sign everything would
the lot line adjustment issue have to come back before the Commission.
Planning Director Chicots replied "no ".
Commissioner Fuentes questioned staff if the parking covenant is for the new
maximum occupancy.
Planning Manager Kimberly Christensen stated that is correct based on the
applicant assessment of the amount of parking they'll need based on the
expected use of the building. The parking breaks down by the building space
and use such as office use, storage, warehouse and light industrial.
Mr. Fisher asked that Mr. Berger to clarify for the record that a letter was
attached to Jody E. Sidebotham's email from Mr. Fisher.
Assistant City Attorney Berger clarified that there is a letter dated December 13,
2007 from Mr. Fisher addressed to the Planning Commission.
Brian Kravetz, Attorney for 555 Aviation Limited
Mr. Kravetz requested that staff approve the certificate of compliance on the
property of 555 Aviation that is before the Commission tonight.
Commissioner Rotolo questioned staff how does 555 Aviation tie into the project
and is the Commission able to approve the certificate of compliance.
Assistant City Attorney Berger intervened and stated that today the City received
the application from 555 Aviation and the only outstanding issue is the signature
on the parking covenant. Mr. Berger stated to Mr. Kravetz that we will have to
examine it on a staff level but the application for a certificate of compliance is not
before the Commission tonight.
Mr. Kravetz requested that the parking covenant be approved with respect to 555
Aviation and that the matter of certificate of compliance be referred back to staff
for action and that absent approval of staff the matter be continued for 60 days.
Planning Manager Christensen clarified that the matter of certificate of
compliance is not on tonight's agenda.
Assistant City Attorney Berger addressed the Commission regarding where the
lot line lay. He stated that it is up to the property owner to come into the city and
submit the survey maps to readjust the property line. He stated it is up to the
Commission to decide if it's a violation of the map act. Q
Commissioner Fellhauer questioned if Mr. Andreani and Mr. Kravetz clients' were
� V f
notified at the same time of the violations of the property lines.
El Segundo Planning Commission Meeting Minutes
December 13, 2007
0- A
Planning Manager Christensen replied "yes" that is correct and that attached to
the staff report as exhibits are the two letters sent by certified mail on October
13, 2007.
Chair Frick reopened public communication.
Commissioner Rotolo asked Mr. Fisher if there was an arbitration date
scheduled.
Mr. Fisher replied "no" it hasn't taken place yet.
Richard Hessenius, attorney for X- Factor
Mr. Hessenius stated that he is the opposing counsel who filed the arbitration
demand for X- Factor in July 2007 and he has not received a formal response
from Xerox.
Chair Frick closed the public hearing.
Assistant City Attorney Berger indicated that there are two clerical errors in the
draft Resolution on master Page 13, under section 1 subsection Q regarding a
letter dated December 4, 2007, stating that the property owner requested a 60-
day extension and it should read as follows "requesting an 180 -day extension ".
Also he stated that on master Page 14, section 7 states "Except as providing in
Section 7," and it should read "Except as provided in Section 6. "
Vice -Chair Wagner made a motion to grant a continuance to the February 28, MOTION
2008 scheduled meeting. He stated that hopefully both parties will have reached
an agreement before returning back before the Commission. He stated if both
parties returned back before the Commission on February 28, 2008 he will make
a motion to record the notice of violation. Seconded by Commissioner Rotolo.
Motion carried (5 -0).
Vice -Chair Wagner moved, second by Commissioner Rotolo to approve MOTION
Environmental Assessment No. 750, regarding approval of two parking
covenants: a parking covenant for 490 off -site parking spaces to be provided at
851 S. Aviation Boulevard (APN 4138 - 009 -009) for the real property at 711 S.
Aviation Boulevard (APN 4138 - 009 -015) and a parking covenant for 396 off -site
parking spaces to be provided at 701 S. Aviation Boulevard (APN 4138 - 009 -016)
for the real property 555 Aviation Boulevard (APN 4138 - 009 -004). Motion carried
(5 -0).
None. PUBLIC
COMMUNICATIONS
PUBLIC HEARING
CONTINUED BUSINESS
Planning Director Chicots wished everyone a Merry Christmas. REPORT FROM
PLANNING AND
BUILDING SAFETY
DIRECTOR
El Segundo Planning Commission Meeting Minutes
December 13, 2007
00- r
r
The Commissioners wished�everyone Happy Holidays.
None.
Chair Frick moved to adjourn, Motion carried (5 -0).
The meeting adjourned at 8:44 p.m.
PLANNING
COMMISSIONERS
COMMENTS
OTHER BUSINESS
MOTION
ADJOURNMENT
PASSED AND APPROVED ON THIS 13th DAY OF DECEMBER 2007.
lt �
Gary Chic , Secretary of Cheryl F ck, Madame Chair
the Planning Commission Planning Commission
and Director of The City of El Segundo, California
Planning and Building Safety
Department
P:\ PBS\ PLAN- COM\PLAN- COM\MINUTES\2007\2007 12 -13 Minutes.doc
C 1
i
El Segundo Planning Commission Meeting Minutes
December 13, 2007
Dena 4
MINUTES OF THE MEETING
OF THE PLANNING COMMISSION
OF THE CITY OF EL SEGUNDO, CALIFORNIA
February 28, 2008
Vice -Chair Wagner called the El Segundo Planning Commission meeting to CALL TO ORDER
order at 7:00 p.m. in the El Segundo City Hall's Council Chambers, 350 Main
Street, El Segundo, California.
Vice -Chair Wagner led the Pledge of Allegiance to the Flag.
PRESENT: WAGNER, ROTOLO, FUENTES, FELLHAUER
ABSENT: FRICK
None.
Vice -Chair Wagner presented the Consent Calendar.
None.
PLEDGE TO FLAG
ROLL CALL
PUBLIC
COMMUNICATIONS
CONSENT CALENDAR
CALL ITEMS FROM
CONSENT
Commissioner Rotolo moved, seconded by Commissioner Fellhauer to approve MOTION
the December 6, 2007, Minutes as submitted. Motion carried (4 -0).
Vice -Chair Wagner presented Agenda Item E -2, Environmental Assessment No.
774 and Adjustment No. 07 -02. Applicant: Henry Wianecki. Address: 1445 E.
Maple Avenue.
Commissioner Rotolo moved, seconded by Commissioner Fellhauer to approve MOTION
Environmental Assessment No. 774 Adjustment No. 07 -02. Motion carried (4 -0).
Planning Manager Kimberly Christensen read four items into the record. 1 item WRITTEN
for Agenda item E -2. 3 items for Agenda Item 1 -3 Assistant City Attorney Carl COMMUNICATIONS
Berger read one item for item 1 -3 into the record.
None.
NEW BUSINESS -
PUBLIC HEARING
Vice -Chair Wagner presented Agenda Item 1 -3, Environmental Assessment No. PUBLIC HEARING
750. Address: 711 S. Aviation Boulevard (APN: 4138 - 009 -015) and 701 S. CONTINUED BUSINESS
Aviation Boulevard (APN: 4138 - 009 -016)
Planning Manager Kim Christensen presented the staff report (of record).
JL
El Segundo Planning Commission Meeting Minutes
February 28, 2008
Pann 1
Vice -Chair Wagner reopened public testimony from the December 13, 2007
Planning Commission Meeting.
Vice -Chair Wagner questioned Planning Manager Kimberly Christensen
regarding stamped Page 26 regarding X- Factor if there has been any submittal
of the required materials relative to the Certificate of Compliance and the other
signed documents.
Planning Manager Kimberly Christensen stated that the only signed document
the City received relative to that process was the two parking covenants and that
the Certificate of Compliance has never been signed by the property owner at
711 S. Aviation Boulevard.
Richard Hessenius, representative for X- Factor
Mr. Hessenius briefly update the Commission on what had occurred since the
December 13, 2007 meeting. He stated that there had been substantial and
positive discussion between X- Factor and Xerox and that he had hoped to
announce at this meeting that the issues had been resolved. He stated that
while they are not resolved yet he believed that they are close. Mr. Hessenius
has spoken with counsel for Xerox as well with Planning staff requesting if
possible another two week continuance. Mr. Hessenius feels that it will be
inappropriate for the City or the Planning Commission to issue either issue a
citation, certainly to record a citation for one reason that assumes for the
purposes of this argument that there was illegalities of some nature that date
back to 1967 when the property was subdivided. He stated that he is not in
agreement with assuming that is the case. He stated that there is a specific
statute in the Government Code that deals with this situation.
Robert Andreani, representative for X- Factor
Mr. Andreani requested that the Commission grant an extension to resolve this
matter between X- Factor and Xerox. Mr. Andreani has been working with the
counsel for Xerox and that they are in agreement on the parking covenant and
he believes that they have come to some type of agreement between both
parties and if so they will be willing to sign the documents.
Don Fisher, representative for Xerox Corporation
Mr. Fisher commented that there has been discussion with X- Factor and Xerox
relating to some issue between both parties. Mr. Fisher stated that Xerox would
like to resolve the Map Act issue and settle and resolve this issue. He stated
that due to the fact that X- Factor is the owner and that they are the tenant and
have no control over the situation. They have worked together and have come
to agreement to terminate the 2001 parking covenant and record the new
parking covenant which has been submitted to the City. He stated that the
documents granting consent from the property owner has been submitted to City
staff and he would like to see the parking covenant issued resolved.
Brain Kravetz, representative for 555 Aviation
1 88
Mr. Kravetz stated that the owner of the property at 701 Aviation has fully I
complied with the City's requirements in connection with the Certificate of
Compliance for 555 Aviation which has been submitted to City staff. Mr. Kravetz
El Segundo Planning Commission Meeting Minutes
February 28, 2008
P.-7
f �
commented that there is nothing further to do but he does recognize that staff
has acknowledged they've completed everything and there should not be a
citation or notice of violation. Mr. Kravetz recommends that the Certificate of
Compliance application that has been filed should be approved for that single
parcel of property and that staff has acknowledged as well that they have the
proper legal descriptions and a record of survey. He stated this particular parcel
is independent of anything else. He stated that it does comply and this shouldn't
be an issue before the Commission and it should be approved.
Mr. Rotolo asked a question of Mr. Berger regarding Mr. Hessenius' statement
and the verbiage regarding his letter about the lot line adjustment.
Mr. Berger responded "yes" that is the proper code language, however, the
testimony focused on the actual knowledge of the person, and that his client X-
Factor's knowledge as set forth in the declaration demonstrates that they had
actual knowledge of the subdivision grant deed line. Mr. Berger believes that
they had constructive knowledge of what was recorded on the property on Book
No. 675 Page 98 on August 28, 1961 as Tract No. 26557 that shows the proper
subdivision of the property and that there has not been a subsequent map that
was recorded against the property to demonstrate that there is a different lot line.
Mr. Rotolo questioned Mr. Berger whether it was determined that it was or wasn't
constructive knowledge and whether the code did apply to the parcel before
1972. He asked if it was illegal since the current subdivision does not reflect the
existing conditions, wouldn't a new subdivision map be required to be recorded.
Mr. Berger indicated that the parking covenant isn't the issue before the
Commission and the real issue is that the Subdivision Map Act violation.
Mr. Berger believed that the issue in term of resolving the violation of the map
act is corrected with a Certificate of Compliance. The Certificate of Compliance
will be an actual certificate that is issued by the City with a condition on it stating
the property owner will be in compliance with the Map Act. Mr. Berger considers
it to be a lot line adjustment not an entirely new map that will reallocate or design
what property lines will exist.
Ms. Fellhauer acknowledges that Mr. Andreani is requesting more time from the
Commission but she questioned Mr. Andreani about what has X- Factor done to
resolve the differences or has X- Factor reached some type of an agreement with
Xerox since the December 13, 2007 meeting.
Mr. Andreani's response was that he and Mr. Fisher have had face to face
meetings and telephone conversations and it is safe to say that they're close to
reaching some type of agreement.
Ms. Fellhauer asked Mr. Andreani how much time from this point will it take to
reach mutual agreement.
Mr. Andreani stated that he's assuming that the agreement has been reached
and it is safe to say that the matter is receiving the documentation. He might be
overstating this but it might take a two week process to document it but its close.
Mr. Rotolo gave Mr. Fisher the opportunity to comment on how close Xerox is to 8 `�
reaching agreement with X- Factor after hearing from Mr. Andreani on X- Factor's
behalf.
El Segundo Planning Commission Meeting Minutes
February 28, 2008
Mr. Fisher stated that there have been meetings as well as telephone
conversations but the issues of the subject of our negotiation doesn't have much
do with the matter at hand and that it has do with the lease arrangement and
other arrangements with X- Factor. Mr. Fisher expects X- Factor to solve this lot
line issue first then Mr. Andreani's statement will be correct on having it resolved
subject to being documented and subject to final agreement. Mr. Fisher
commented that Xerox is relying on X- Factor to resolve this issue and that he
wished X- Factor had resolved this issue before tonight.
Commissioner Fellhauer moved, seconded by Commissioner Rotolo to approve
Environmental Assessment No. 750, adopting Resolution 2629 directing the
Planning Building Safety Director to acknowledge there is a violation located at
real property 711 S. Aviation Boulevard a portion of Lot 32 and Lot 35 of Tract
Map No. 26557 APN No. 4138 - 009 -016 in accordance with Government Code
Section 66410; acknowledge that the property owner had constructive
knowledge of the violation; and to authorize the Planning staff to record a notice
of violation after a term of 30 days if the issues are not resolved between the
parties. Motion carried (4 -0).
Planning and Building Safety Director Gary Chicots introduced the new Building
Safety Manager Sam Lee.
The Commission welcomed Building Safety Manager Sam Lee. Commissioner
Fuentes thanked staff being able to attend Planning Commission Training.
None.
Vice -Chair Wagner made a motion to adjourn the meeting. Motion carried (4 -0).
The meeting adjourned at 8:06 p.m.
PASSED AND APPROVED ON THIS 28th DAY OF FEBRUARY 2008
AA, &, G�
ary hicots ecretary of
the Planning ommission
and Director of The
Planning and Building Safety
Department
Cheryl 10rick, Madame Chair
Planning Commission
City of El Segundo, California
P1Planning & Building Safety \PLAN- COM \MINUTES\2008\2008 02 -28 Minutes.doc
MOTION
REPORT FROM
PLANNING AND
BUILDING SAFETY
DIRECTOR
PLANNING
COMMISSIONERS
COMMENTS
OTHER BUSINESS
MOTION
ADJOURNMENT
JL J 0
El Segundo Planning Commission Meeting Minutes
February 28, 2008
D ,
RECEIV'~`n
CITY CLcRK'S 101FF ICE
City of El SegVrvdb
10 ' Planning and Building Safety
350 Main Street
F." MAR 0 7 2008 1 El Segundo, CA 90245
(310) 524 -2344; FAX: (310) 322 -4167
PLAN i ?t vii' 10N 4�.ww.elsE undo .or9
APPEAL OF A
PLANNING COMMISSION OR A DIRECTOR'S DECISION
Environmental Assessment No: 750
Date March 6, 2008
Applicant
X- Factor, L.P., a California limited partnership – (Owner of Subject Property)
Name (print or type)
X- Factor, L.P.
Address
_ 9595 Wilshire Boulevard, Suite 501
City. State. and Zip Code
Beverly Hills, California 90212
Check One: Owner
Phone Fax
310- 246 -6500 310 - 246 -0124
Email
Bruce @M7;;L Signature
Lessee
Property Owner:
X- Factor, L.P., a California limited partnership – (Owner of Subject Property)
Name (print or type)
X- Factor, L.P.
Address
9595 Wilshire Boulevard, Suite 501
City /St/Zip
Beverly Hills, California 90212
Phone... -- - -- -- - - -
310- 246 -6500
Fax 31 46 -0124 _
Si n ture ;
Representative of applicant: (i.e., attorr 3y, expeditor, etc.)
Robert P. Andreani, Esq.
Name (print or type)
Law Offices of Robert P. Andreani
Address
_ 444 S. Flower Street, Suite_ 500
CitylStlZip
Los Angeles, California 90071 -2906
Phone Fax
213- 891 -9555 213- 891 -1515
Email
Bob.An r i@SB —G al.Net _
n re
191
Arch itect/Enaineer: NONE
Name (print or type)
Address
City/St/Zip
Property situated at:
General location:
Phone
Email
Signature
Fax
711 S. Aviation Boulevard, El Segundo, California - APN 4138 - 009 -015
(See Exhibit "A" attached hereto for legal description)
South portion of triangular area within Alaska, Hawaii & Aviation
Streets
Address (Street/Avenue) (Street/Avenue)
711 S. Aviation Boulevard, El Segundo, California
El Segundo Municipal Section(s) Relating to ESMC Chapters 28 and 34
Request:
Zoning: M -1 (Light
IndustrialL
General Plan Land Use Designation:
Request: Under the provisions of Title 15, of the Municipal Code, application for consideration of an
Appeal for the above described property.
Describe in detail the reason for the appeal. Include a full description of the proposed use (e.g., bank,
general office, industrial, restaurant. etc.) including buildings and other equipment necessary for the
project.
See Letter from attorney Richard S. Hessenius, Esq., co- counsel to owner /applicant (X-
Factor, L.P.), attached hereto as Exhibit "B" and incorporated herein by this reference.
2. Describe the existing development and the parking provided, and any proposed new development on the
site. Include square footages and uses of each on the site and the parking provided.
Existing property consists of approx. 300,000+ square foot 3 -story commercial building
built in late 1960's, with surface parking, presently occupied entirely by Xerox Corporation as
sole tenant under lease with owner. No proposed new development entitlements or permits
are being sought by owner. See Letter from attorney Richard S. Hessenius, Esq., co- counsel
to owner /applicant (X- Factor, L.P.), attached hereto as Exhibit "B" and incorporated herein by
this reference. 11)
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J ii MJ1K .,nn
i
3. Explain in detail why this particular site is especially suited for the proposed development.
Not Applicable
4. Describe how the proposed project will compare /contract to the development of adjacent properties and the
immediate area and will not have detrimental effects to the adjacent properties or neighborhood. How will
potential impacts be mitigated?
Not Applicable
5. Describe the technological processes and equipment employed on -site and their compatibility with existing and
potential land uses within the general area.
Not Applicable
3
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PLA iv ,
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NOTE: Separate Affidavits must be submitted if there are multiple owners.
OWNER'S AFFIDAVIT
I, We X- Factor, L.P., a California limited being duly sworn depose and say that I /we
partnership
the OWNER of the property involved in this application and that I /we have familiarized myself (ourselves)
with the rules and regulation of the City of El Segundo with respect to preparing and filing this application
and that the foregoing statements herein contained and the information documents and all plans attached
hereto are in all respects true and correct to the best of my /our knowledge and belief.
X- Factor, L.P., a California limited partnership
By: Panorama Delta, Inc., a Californi corporation, its Managing General Partner
By: Behrouz Soroudi, its
Secretary
Signature Date March 6, 2006
STATE OF CALIFORNIA, )
County of Los Angeles )ss.
On this (oU day of _March, 2008 before me, the undersigned Notary Public
in and for said County and State, personally appeared Behrouz Soroudi _
known to me to be the person whose name is subscribed to the
within
instrument, and acknowledged to me that he/she executed the same.
WITNESS my hand and official seal.
JOCEIYN USTRO
CommlUlon # 1611194
Notary Public - C0H10ml3 Notary Pu 01c in and for said County and State
Los Anpsles county -
My Comm. Expkes Oct 6, 2
.I
MAR 0 7 2008
X94 y
4 f'I_aft rDIw,ISi onl
AGENT AUTHORIZATION
I hereby authorize Robert P. Andreani and Richard S. Hessenius, individually or together, to act for me
in all matters relevant to this
application. I understand that these persons will be the primary contact on the project and will be sent all
information and correspondence.
X- Factor, L.P., a California limited partnership
By: Pano a D ta, Inc., a C lifornia corporation, its Managing General Partner
By:
Behrouz Soroudi, its ecretary March 6, 2008
Owner's Signature Date
AGENT AFFIDAVIT
I, Robert P. Andreani, the undersigned, depose and say that (I am/
We are) the AGENT(S) of the property involved in this application and that I(We) have familiarized myself
ourselves with the rules and regulation of the City of El Segundo with respect to preparing and filing this
application and that the foregoing statements ' contained and the information o all documents and all
plans, attached hereto are in all respe a ect he best of m lour knowledge and belief.
Robert P. Andreani March 6. 2008
Applicant's Signature Date
STATE OF CALIFORNIA, )
County of Los Angeles )ss.
On his 6th day of March, 2008 before me, the undersigned Notary Public
in and for said County and State, personally appeared Robert P. Andreani
known to me to be the person whose name is _ subscribe to the within
instrument, and acknowledged to me that he /she executed the same.
WITNESS my hand and official seal.
JOCEIYN LWSTRO
Commission # 1611194
Notary PubBc - California
Los Angeles County -
My Comm. Expires Oct 6.2
Notary P is in and for said County and State
y MAR 07
Procedures for filing application
Submit the properly completed application to the office of the Planning Division. Signature of the
owner, owners, lessee, and /or agent shall be notarized before a Notary Public.
2. File application property completed in the office of the Planning and Building Safety Dept. along with
completed Initial Study Applicant Questionnaire. Signature of the owner /owners, lessee (if .
applicant), and /or agent shall be required on all applications.
3. Applicant shall provide all information, drawings. and other materials as requested by the Planning
Department as indicated on the Notice to Applicants. .
4. Pay filing fee. (see fee schedule)
5. Applicant and affected property owners will be notified of time of hearing.
6. Applicant must be present at the hearing and may offer additional evidence to support his/her
request.
7. There shall be an additional fee for filing an appeal.
8. Fish and Game Document Handling fee - $50.00 (all projects). County of Los Angeles Public
Hearing Notice posting fee - $50.00 (for projects with an Initial Study and Negative Declaration,
Mitigated Negative Declaration, or Environmental Impact Report. Not required for projects which
are exempt from CEQA). Two separate checks, each made payable to the County of Los
Angeles.
i
r-
! MAR 07 2008
PIJ- 11"3 ` � '
9
Planninq Staff to complete
Date Received:
Planner (print name):
EA No:
Appeal No:
Signature: _ — _ Fee Paid:
Rev 03 -01.07
P 1PBStForms — PlannmylAppeal
[Exhibits 'A" and "B" Attached]
197
PI MAR 0 7 2008
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Exhibit "A"
Lot 31 and Portions of Lots 32 and 35:
Lot 31 and that portion of Lots 32 and 35 of Tract No. 26557, in the City of El Segundo,
County of Los Angeles, State of California, as per map recorded in Book 675, Pages 95
to 98, inclusive of Maps, in the Office of the County Recorder of said County, lying
Southerly of a line that is parallel with the Northerly line of said Lot 32 and the Easterly
prolongation thereof, and distant 70.0 feet Southerly therefrom. measured at right
angles.
8
MAR 0 7 2008
st �.e ,; �,,. I.
Exhibit "B"
RICHARD S. HESSENIUS
ATTORNEY AT LAW
March 6, 2008
City Clerk
City of El Segundo
350 Main Street
El Sceundo, CA 90245 -3813
;j
MAR 0 7 2008
NOTICE: Of kPPEAL AND APPEAL FROM PLANNING COMMISSION'S
ADOPTION OF RESOLUTION NO. 2629
TO THE HONORABLE MEMBERS OF THE EL SEGUNDO CITY COUNCIL:
NOTICE IS I- IEREI3Y GIVEN that X- Factor, L.P. ("X- Factor "), the owner ofcertain real property and
improvements commonly referred to as 711 S. Aviation Boulevard, hereby appeals from the Planning
C'ommission's February 28, 2008 adoption of Resolution Nu. 2629, which resolution found a violation of
Government Code Section 66412.6 by reason of an alleged illegal subdivision.
X- Factor requests that the record of this proceeding before the Planning Commission be assembled and
transferred to the City Council in connection with this appeal.
X- Factor's appeal is based U11011 the following facts and analvsis.
BACKGROI. -Nn
X- Factor is the owner of certain property located in the City of El Sceundo (the "City''). This property
shall be referred to as the 711 property ". The neighboring property is located at 555 S. Aviation Boulevard and
is owned by 5i5 Aviation, Ltd. It shall be referred to as the `'555 property." Xerox Corporation ( "Xerox ") leases
both the 711 property and the 555 property.
In late 2006, Xerox sought X- Factor's consent to certain tenant alterations of an office buildine located on
the 711 property. X- Factor declined to consent to the proposed alterations. contending, that, among other things.
Xerox had defaulted under its lease by recording parking covenants affecting the 711 property. That dispute is
now the subject ofa private arbitration proceeding.
Notwithstanding X- Factor's declination, Xerox applied to the City for permits necessary to undertake the
construction work and to remove the parkin: covenants. In the course of reviewing that application, Stag'
concluded that the 711 property and 1he 555, property were not properly subdivided in 1967. and that a certificate
of compliance must therefore be obtained in connection with a lot line adjustment, before any building permits
Could issue.
On December 13, 2007, the Staff of the Planning Commission issued its report recommending the
recordation of notices ol'violation against the owner of the 555 property and the owner of 711 property. I -he
basis for each notice was an asserted violation of the Subdivision Map Act and corresponding municipal code
provisions, which allegedly occurred when two parcels currently identified as the 555 property and the 711
9 L
property wwere divided and improved in the 1960s.
Staff s analysis is set ibrth below: MAR 0 7 2009
"The real properrv- ident {red as 711 .5..4viaiion Boulevard (AP.V Alo. 4138- 009- 0151;00
Ai4taiol Boitlevurd (.4PjV -Vo. 4138- 009 -016) iv-us legallvsubdivided info three lots (lots 31, 32 and
35) br Tract Map AV 26557 recorded o►n August 28. 1961. A hrtilcling permit was applied for oil
July 14. 1967 and issued air Septenrber 19, 1967f r a ne►, office building and slrrrlce parking on
the property located at 701 .5..4viation Boulevard (Lots 1, 2, 3. 4. 30, 31. 32• and 35 o /Tract
26.557). On or about September 26. 1967, the real property ►ras divided into hco parcels ►t.ithout
approvals under the Subdivision ;flap Act (Government Code sections 66410 ei seg.) or the El
Segundo kfunicipal Code ( 'ESAIC "). El Segundo Alunicipal Code Section 34.2 (effective in
October 196-7) defined a lot cis '(1).4 parcel of real property when .chow as a delineated parcel of
land ►with a number or other designation oil a plat recorded in the oflice o %the counts? recorder, ' and
'(2).4 puree) ofland containing not less than the ln•esc•rihed rilininnluu square footage required in the
_one in which it is located, nor more than one acre, the dimensions or boundaries of which are
defined b_v a record of sw-vev recorded pursuant to late ►Then recorded in the office of the county
recorder and which abuts at least one public street or private easement determined by the
colnillissialn to be ciclegrrclte for pannoses of access fr-onn o street... ' Further, ESt11C' Section 34.110
allowed the division elf lots or parcels containing more than two tines the mininnint required lot
erred into a malYilllnll o four lots with requirements for direct access to a public street or with
approval b'v the planiiing commission and the cih' council.for divided parcels frith access by col
easement. Consequetntly, it appears that the subdivision violates Government Code Section 66412.6
since no record ofsur►-c iv was recorded in compliance vi.-ith the zoning regrllations and mininnum lot
size .for the reconrguration of Lots 31. 32, and 35 of Tract 26557 into two lots on or abort
Septe►nber 26, 1967. "
Notwithstanding the asserted violation, Stal'f Further "determined that the parcels as deeded to the separate
property owners and as currently configured can meet the subdivision requirements and the processing and
approval ofa Certificate of Compliance is feasible to make both parcels legally compliant with current ES\4C
requirement for subdivisions and development standards." The issues raised by Staff did not involve any public
health or safety concerns under Government Code Section 66499.34.
On February 28, 2008, X- Factor. through its counsel, appeared at the continued hearing of this matter and
argued that X- Factor was exempt from application of state or municipal subdivision laws under Government
Code Section 66412.6(b) (hereinafter referred to as "the exemption statute "), because the 711 property (1) was
divided before March 4, 1972. (2) was purchased by X- Factor after that date for valuable consideration. and (3)
X- Factor had neither actual nor constructive notice of any violation at the time of purchase. The Planning
Commission rejected X- Factor's arTument and thereupon adopted Resolution No. 2629. This appeal followed.
ARGUMENT AGAINST REC011DATION OF A NOTiCE OF VIOLATION
X- Factor disputes that there has been a derogation of either state or municipal requirements in this matter.
However, even if the alleged "divider" of the properties violated some law in 1967. that violation could not be
held against X- Factor. as a subsequent purchaser orthe 711 property.
The exemption statute states. in relevant part:
"For purposes of this division or of a local ordinance enacted pursuant thereto, any parcel created prior to
March 4, 1972. shall be conclusively presumed to have been lawhrlly created if ally subsequent purchaser
acquired that parcel for valuable consideration without actual or constructive knowledge of a violation of
this division or the local ordinance. Owners of parcel or units of land affected by the provisions of this
subdivision shall be required to obtain a certificate of compliance or a conditional certificate of
compliance pursuant to Section 66=199.35 prior to obtaining a permit or other grant of approval for
10 ��U
development ol'the parcel or unit of land."
MAR 0 7 2008
Accord, 9 Miller & Starr. California Real Estate (3d ed.), sec. 25:13. Section 66412.6(b) became operative on
January 1. 1995. .iq'..;:,r�
Under the exemption statute, X- Factor cannot be held in violation ul'the Subdivision Map Act• and the
City should not record a notice ofviolation, if: (1) the subject parcel was crcatCd belore \larch 4, 1972: (2) X-
Factor acquired the property fin• valuable consideration: and (3) X- Factor had neither actual nor constructive
notice ot'a subdivision violation at the time it purchased the property. Each such requirement was established by
the Declaration of Rehrour Soroudi, which was submitted to the Plannine Commission before the February 28,
2008 hearing and included in the public record.
X- Factor concedes that. under the exemption statute, the City may properly require X- Factor or any other
party to apply for a certificate of compliance before issuing a permit for development work. However, X- Factor
currently seeks no such permit. Sev, e.g., heizer v. Adams, 2 Cal. 3d 976 (1970): Van't Rood v. County of Santa
Clara. 113 Cal. App. 4'" 549 (2003). Unless and until it does, there is no basis fir recording a notice of violation.
At the February 28. 2008 hearing. the City did not contend that X- Factor had "actual' knowledge of a
subdivision violation when it purchased the 7) ) property. However, the City argued. and the Planning
Commission apparently agrecd. that X- Factor had "c•onst►•rrcNve know /eirge of an alleged illegal subdivision
which occurred in 1967. Specifically, the City Attorney reasoned that a plat map, which had been recorded in
1961. did not reflect the subdivision of various lots into the -55 property and the 711 property. and that such map
therefore gave "constructive notice'' 017,111 improper subdivision in 1967.
X- Factor disputes that it had "constructive notice" of any violation, for each of the following reasons.
The term "construetivc notice" is defined by California Civil Code Section 19.
"Every person who has actual notice 01*61-eUmStances Sufficient 10 put a prudent man upon inquiry as to a
particular tact. has constructive notice ofthe fact itself in all cases in which. by prosecuting such inquiry.
lie might have learned such fact."
In other words, in order to establish "constructive knowledge" sufficient to deprive X- Factor of the
benefits of the exemption statute, it must first be shown that X- Factor had actual notice of circumstances which
should have caused it to make further inquiry, thereby leading to the discovery of an "illegal" subdivision.
The doctrine of constructive notice is not favored. Rather it "is, at the best, but a poor substitute for actual
notice, and is permitted by the law only through necessity.' NlacGowan v. Jones. 142 Cal. 593, 595 (1904). In
this regard, the circumstances known and sufficient to triLwer further inquiry have been described by the courts as
those which are "suspicious." '`conspicuous," or "notorious ". Sec' Flobart v. Hobart Estate Co.. 26 Cal.2d 412.
442 (1945) (known facts must he "sufficient to arouse the suspicions of a reasonable person" and are described as
"suspicious facts "); Nicholson v. City of Los Angeles, 5 Cal. 2d 361, 364, 367 (1936) (facts must have *'some
element of conspicuousness or notoriety "). '`Circumstances that are dubious or equivocal are not sufficient to
take the place of actual notice. The rule imputes notice only of those facts that are naturally and reasonably
connected with the fact known. and of which the known fact or facts can be said 'o filrnish a clue. It does not
impute notice of every conceivable fact and circumstance however remote w iich might come to light by
exhausting all possible means of knowledge." Simc v. Malouf, 95 Cal. App. 2d 82. 106 (1949).
Here, the recordation ufa map in 1961 was insufficiently conspicuous or notorious to give rise to a further
duty of inquiry. This was particularly so because X- Factor received lawful CICCdS conveying ownership of the
711 property. there was no recorded notice ol'any violation. and X- Factor knew that the 711 property had been
operated without objection Ibr almost 40 years. See, e.g., Nicholson, supra, at 726 (''it must be made to appeal-
that a reasonable inspection would have disclosed the defect"). I f a "prudent man" \vould not be put on inquiry,
"the mere fact that means ol'knowledge are open ... and he has not availed himself of them. does not debar him
�� 201
from relief when thereafter he shall make actual discovery [because] if he is under no duty to make such inquiry
the laNv charges him with no notice of facts which would have come to him through inqu = Sp --ling v. Title
ins. & Trust Co., 53 Cal. App. 2d 736. 748 -749 (1942).
MAR 0 7 2008
'� II
Moreover, evert if the recordation of a map in 1961 was sufficiently "notorious" as t )awE1F� pK�sf�ctiv>4
purchaser on inquiry notice, it is evident that X- Factor did conduct a lrudent inquiry under the circumstances. As
the Declaration of BellrouZ Soroudi established. X- Factor hired a title insurance company in connection with its
purchase of the 711 property. That title insurer conducted its own due diligence, which %vas certainly more
extensive than any inquiry a "prudent man" might have undertaken. The title company, a presumed expert
investigator in such matters. neither discovered nor reported an illegal subdivision of the 711 property. See Sime
v. Maloul; supra. at 104 (1949) (it must be shown that the prudent inquiry, if "reasonably conducted, would have
disclosed... the true state of affairs "). .Sce also Mesmer v. Uharriet, 174 Cal. i 10. 117 (1916) (purchaser not
required to revicw public records affecting adjoining parcels, but was rather entitled "to rest upon the want of any
record' showing an easement).
In 2003. when X- Factor purchased the 71 1 property. it was clearly a matter of public record that the City
had issued a building permit and two certificates of occupancy for the 71 1 property. The City issued the
building permit on September 19. 1967, and there is no evidence that the improvements constructed pursuant to
that permit failed to meet City requirements. See El Segundo Zoning Code, sec. 34.183 (building pen-nit may not
be issued in conflict with zoning law). The City also issued certificates of occupancy for the 711 property in
December 1968 and again in May 1976. Those certificates were records on which a'-prudent" purchaser of the
property could reasonably rely, and each stated:
"This certificate is issued pursuant to the requirements ol`the City of El Segundo building Code and
Zoning Ordinance certifying at the time of its issuance this structure is in compliance with the various
codes of the City regulating building construction or use."
This was the state of the public record when X- Factor purchased (lie property in 2003. See Sime v. Malouf,
suln-a. at 108 ( "It is well settled that one who has acted in a manner which would reasonably induce another to
forego or discontinue an Investigation. ..will not be heard to say that the (acts would have been developed had
inquiry been made. ")
A further reason \N.-fry a "prudent purchaser" could not have been expected to find evidence of a violation
ofsubdivision laws when the 711 property was divided liom the 555 property is that the Subdivision Map Act did
not govern the division. As noted. the 1967property division resulted in two parcels. However, the Subdivision
Map Act did not regulate the division ofland into four or fewer parcels at that time. See. Van*t Rood v. Counts of
Santa Clara, 1 13 Cal. App. 41" 548 (2003); Fishback v. County of Ventura. 133 Cal. App. 4'" 896 (2005). The
subdivision law enacted by the City in late 1967 confirmed that the City had adopted the Subdivision Map Act
definition of "subdivision ". .See Ord. No. 675.
Staff's analysis should not alter this conclusion. insofar as it was premised on Section 34.2 of the Citv's
zoning law. and not on the City's subdivision code. Moreover, the definitions of "lot" cited by Staff failed either
(a) to include the third definition of "lot" under the City's zoning law in effect as of October 1962 or (b) to
consider the definition of "lot" under the C'itv's subdivision law. See "Zoning and Subdivision Regulations of the
City of El Segundo" (1969). sec. 20.08.270: Ord. No. 379 (1957). sec. 28.12.
r)
12
CONCLUSION
X- Factor has not violated any law. Nor does X- Factor seek any relief or entitlement from the City. X-
Fnetor has not applied for a building permit or other license. and has no current intention ot't'urther developing
the property. It is now, and has always been, a "passive" owner.
Accordineiv. the City should reverse the Planning C'ommission's adoption of Resolution No. 2629.
Respectfully submi tted.
PicImp / J. Aemeaiw
State liar No. 76765
MAR 0 7 2008 "J
13 s- J
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
�1
State of California MAR d 7 2008
County of
On A4 --rd,- G, :7.o Og before me,
(Here insert name and title of the officer)
personally appeared Stsn�'t�
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.
JOCELYN LUISTRO
Commisslon #-1 611194
WITNESS my hand and official seal. 01My Notary Public - California
Los Angeles County
Comm. Expires Oct 6.2W4
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CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Lcu MAR 0 7 2008
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On before me, J�ce Cy�� �o� ljp Eck /, e
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personally appearedb�t
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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
JOCELYN LUISTRO
Commission # 1611194
WITNESS my hand and official seal. Notary Public - California
Los Angeles County
aw Comm. Expires Oct 6, 200
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Page 1 of 2
Christensen, Kimberly
From: bob.andreani [bob.andreani @sbcglobal.net]
Sent: Monday, May 19, 2008 12:22 PM
To: Berger, Karl; Chicots, Gary; Christensen, Kimberly
Cc: 'bob.andreani'; band reani1 @aol.com; rhessenius @aol.com
Subject: FW: El Segundo - 701 -711 Aviation City Council Hearing re: Appeal of Subdivision Map Act
Decision - Request for Postponement of Hearing Date
Re: 701 -711 Aviation Blvd., El Segundo — X- Factor, L.P. Request for Postponement of
City Council Hearing, on Appeal
Dear Mr. Berger, Mr. Chicotts and Ms. Christensen:
Confirming my telephone conference last week with Mr. Chicotts and Ms. Christensen
regarding the above matter, I am writing on behalf of my client, X- Factor, L.P., the
owner of the subject property. As you know, a hearing is presently set before the El
Segundo City Council for June 4, 2008 to address X- Factor's appeal of a decision by the
Planning Commission regarding an alleged violation of the Subdivision Map Act relative
to an alleged improperly established lot line of the property. As discussed, X- Factor now
requests that this hearing date be postponed for approximately 90 days, in order to enable
the parties additional time to continue to attempt to resolve their disputes (and if
necessary to proceed with its pending arbitration), in the hope and for the purpose of
avoiding additional time, effort and costs for X- Factor and the City. Since the outcome
of such efforts between X- Factor and Xerox might have significant effects on X- Factor's
City Council appeal, it could also be in the better interests of the City to postpone the
hearing.
It is my understanding that the existing Tolling Agreement between X- Factor and the
City, which was handled by my co- counsel Mr. Hessenius and Mr. Berger, already
provides that the tolling period is tied to the City Council hearing date. Therefore, it
seems that it would not be necessary to amend the Tolling Agreement in order to achieve
a consensual postponement of the City Council hearing date. Rather, I believe that a
simple written acknowledgement from you on behalf of the City granting the hearing
postponement would be all that is needed.
Please feel free to call me or Mr. Hessenius if you have any questions about this request.
Otherwise, I would appreciate a reply acknowledging that the hearing date is postponed,
and informing us of the new hearing date.
Thank you for your consideration.
Bob Andreani, attorney for X- Factor, L.P.
5 /19 /20OR
,.v6
Page 2 of 2
LAW OFFICES of ROBERT P. ANDREANI
Citigroup Center
444 S. Flower Street
Suite 500, Fifth Floor
Los Angeles, California 90071 -2906
Telephone: 213- 891 -9555
FAX: 213 - 891 -1515
Cell: 213 - 215 -1822
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IF DOCUMENTS ARE ATTACHED TO THIS E -MAIL MESSAGE PLEASE READ THE
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Robert P. Andreani Attorney -at -Law cannot opine on the enforceability of any changes made to the
transmitted document(s) that have not been drafted or reviewed by him, nor can he opine on the
suitability of the transmitted document(s) for any other transaction other than the one to which it/they
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I I '"
6-0
5/19/2008
Page 1 of 2
Christensen, Kimberly
From: bob.andreani [bob.andreani @sbcglobal.net]
Sent: Tuesday, May 27, 2008 4:38 PM
To: Hensley, Mark; Berger, Karl; Chicots, Gary; Christensen, Kimberly
Cc: rhessenius @aol.com; ' bob.andreani'; bandreanil @aol.com
Subject: El Segundo EA -750 - X- Factor's SUPPLEMENTAL MEMORANDUM IN SUPPORT OF
APPEAL FROM PLANNING COMMISSION'S ADOPTION OF RESOLUTION NO. 2629 AND
DESIGNATION OF ADDITIONAL PUBLIC RECORDS
Attachments: Supplemental Memorandum In Support of Appoeal From Planning Commission Adoption of
Resolution 2629 and Designation of Additional Public Records - X- Factor El Segundo City.doc
Gentlemen and Lady:
On behalf of X- Factor, L.P., the appellant/landowner, we hereby submit the above -
referenced Supplemental Memorandum for the City Council's consideration. Mr.
Chicotts confirmed to me in our telephone conversation today, that it would be sufficient
and acceptable for X- Factor to submit this Supplemental Memorandum electronically, as
an attachment to this e -mail, and that accordingly no "hard copies" would be required.
I also wish to point out to Mr. Chicotts that the attached Memorandum, in its Appendix,
refers to certain documentation in the City's files and records, which X- Factor designates,
and requests the City Planning Department to include, for the purpose of supplementing
the record of this proceeding.
Thank you, Bob Andreani
LAW OFFICES of ROBERT P. ANDREANI
Citigroup Center
444 S. Flower Street
Suite 500, Fifth Floor
Los Angeles, California 90071 -2906
Telephone: 213-891-9555
FAX: 213 - 891 -1515
Cell: 213- 215 -1822
E -Mail: Bob.Andreani @sbcglobal.net
THIS MESSAGE IS INTENDED TO BE A CONFIDENTIAL COMMUNICATION, AND IT MAY BE SUBJECT TO
ATTORNEY - CLIENT COMMUNICATION PRIVILEGE, ATTORNEY WORK- PRODUCT PRIVILEGE OR ANOTHER
PRIVILEGE. THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUALS) TO WHOM IT IS
ADDRESSED. Any other use of this message is prohibited. If you have received this message in error, please notify us
immediately by reply e -mail to Bob.Andreani@s—bcglobal.net and delete the message. Thank you.
IF DOCUMENTS ARE ATTACHED TO THIS E -MAIL MESSAGE PLEASE READ THE
FOLLOWING:
Robert P. Andreani Attorney -at -Law cannot opine on the enforceability of any changes made to the i'. U b
LAW OFFICE OF
RICHARD S. HESSENIUS
A Professional Corporation
720 Thirtieth Street, Manhattan Beach, California 90266
(310) 545 -8131 RHessenius @aol.com
May 27, 2008
City Clerk
City of El Segundo
350 Main Street
El Segundo, California 90245
Via Electronic Delivery
SUPPLEMENTAL MEMORANDUM IN SUPPORT OF APPEAL FROM
PLANNING COMMISSION'S ADOPTION OF
RESOLUTION NO. 2629 AND DESIGNATION OF ADDITIONAL PUBLIC
RECORDS
(Environmental Assessment No. 750)
TO THE HONORABLE MEMBERS OF THE EL SEGUNDO CITY COUNCIL:
We represent X- Factor, L.P. ( "X- Factor "), the owner of property variously
referred to as 701 S. Aviation Boulevard and 711 S. Aviation Boulevard
(hereinafter, the "711 property "). The purpose of this memorandum is to
supplement the "APPEAL OF A PLANNING COMMISSION OR A DIRECTOR'S
DECISION (Environmental Assessment No. 750)" (the "appeal "), filed by X- Factor
on March 7, 2008.
The subject of this memorandum, and of X- Factor's appeal, is the stated
intention of the City of El Segundo (the "City ") to record a "notice of violation"
11 Page
6.09
respecting an alleged "subdivision violation" which purportedly occurred over 40
years ago.
We have reviewed the various statutes and ordinances which govern the
resolution of this matter, including those which existed in 1967. We have
concluded that there is no basis for either issuing or recording a notice of
violation. We therefore urge the City Council to reverse the decision of the
Planning Commission to adopt Resolution No. 2629 for all of the reasons
identified in X- Factor's appeal (which are incorporated herein by this reference),
as well as those which are discussed below.
A. BACKGROUND
X- Factor owns certain property located in the City, referred to herein as the
"711 property ". The neighboring property is located at 555 S. Aviation Boulevard
and is owned by 555 Aviation, Ltd. It shall be referred to herein as the "555
property." Xerox Corporation ( "Xerox ") leases both the 711 property and the 555
property.
In 1989, Xerox recorded a parking covenant burdening the 711 property
which was apparently necessary to support the intensified use of a building leased
by Xerox from a third party. That covenant: (a) transferred 118 spaces from the
711 property to Lot M -7; and (b) transferred 120 spaces from the 711 property to
the 555 property. We understand that, at the same time, Xerox transferred 337
spaces from Lot M -2 (then owned by Xerox) to supply additional parking for the
555 property.
Ultimately, the 1989 parking covenant was expunged from the public
records. However, in February 2001, and without the knowledge of the owner of
the 711 property, Xerox again recorded, this time as the purported "owner" of
the 711 property, two "parking covenants" (Document No. 01- 0204705 and
Document No. 01- 0204706). The recordation of these parking covenants was
21 Page �l�i
illegal under California Penal Code Section 115, which flatly prohibits recordation
of false instruments affecting title.'
Based upon statements contained in correspondence from Xerox's legal
counsel, it appears that Xerox recorded the offending parking covenants in order
to free Lot M -2 from covenants which had been recorded in 1989. By replacing
Lot M -2 parking spaces, which had been dedicated for use by the 555 property,
with spaces owned by X- Factor at the 711 property, Xerox was able to clear title
to, and to sell, its own property.
In late 2006, Xerox sought X- Factor's consent to substantial tenant
alterations of the office building located on the 711 property. The contemplated
construction would have decreased the value of X- Factor's building by reducing
available office space. X- Factor declined to consent to the proposed alterations
because, among other things, Xerox had defaulted under its lease by recording
the parking covenants in February 2001. The full nature and extent of this dispute
was described in a Demand for Arbitration filed by X- Factor in June 2007. The
arbitration between Xerox and X- Factor is currently pending and has not been
resolved.
Despite X- Factor's refusal to consent to the proposed alterations, Xerox
applied to the City for permits necessary to undertake the unauthorized
construction work. In the course of reviewing that application, the City concluded
that the 711 property and the 555 property were not properly subdivided in 1967,
and that a certificate of compliance must therefore be obtained in connection
with a lot line adjustment, before any building permits could be issued.
Additionally, the owner of the 555 property has asserted that certain
improvements on the 711 property, which have been in place for some 40 years,
must be removed as "encroachments." X- Factor has responded, in
correspondence previously submitted, that it has acquired a right to own,
maintain and use the improvements, without interference, through the doctrines
1 Unfortunately, a City representative erroneously approved these parking covenants.
31 Page ���
of "adverse possession" and "easement by prescription." It is uncertain whether
acquiescence in the City's required certificate of compliance procedure, and the
redrawing of the lot line between the 711 property and the 555 property, would
impact X- Factor's vested interest to maintain and use the alleged
"encroachments." However, it cannot be denied that X- Factor is entitled to "due
process of law" in any determination of its property rights, and should not be
forced to abandon them without the benefit of such procedural safeguards.
On December 13, 2007, the Staff of the El Segundo Planning Commission
issued its report recommending the recordation of a notice of violation against X-
Factor. Such a notice, if recorded, would cloud X- Factor's title to the 711 property
and preclude its sale or refinancing. The basis for the Planning Commission's
notice was an asserted violation of the Subdivision Map Act ( "SMA ") and
corresponding city code provisions, when the two parcels which are currently the
555 property and the 701 property were divided and improved in the mid- 1960's.
Staff's analysis is set forth verbatim below.
"The real property identified as 711 S. Aviation Boulevard (APN No. 4138 - 009 -015)
and 701 S. Aviation Boulevard (APN No. 4138 - 009 -016) was legally subdivided into
three lots (lots 31, 32 and 35) by Tract Map No. 26557 recorded on August 28,
1961. A building permit was applied for on July 14, 1967 and issued on September
19, 1967 for a new office building and surface parking on the property located at
701 S. Aviation Boulevard (Lots 1, 2, 3, 4, 30, 31, 32, and 35 of Tract 26557). On or
about September 26, 1967, the real property was divided into two parcels without
approvals under the Subdivision Map Act (Government Code sections 66410 et
seq.) or the El Segundo Municipal Code ( "ESMC "). El Segundo Municipal Code
Section 34.2 (effective in October 1962) defined a lot as '(1) A parcel of real
property when show as a delineated parcel of land with a number or other
designation on a plat recorded in the office of the county recorder,' and '(2) A
parcel of land containing not less than the prescribed minimum square footage
required in the zone in which it is located, nor more than one acre, the dimensions
or boundaries of which are defined by a record of survey recorded pursuant to law
41 Page
when recorded in the office of the county recorder and which abuts at least one
public street or private easement determined by the commission to be adequate
for purposes of access from a street...' Further, ESMC Section 34.110 allowed the
division of lots or parcels containing more than two times the minimum required
lot area into a maximum of four lots with requirements for direct access to a
public street or with approval by the planning commission and the city council for
divided parcels with access by an easement. Consequently, it appears that the
subdivision violates Government Code Section 66412.6 since no record of survey
was recorded in compliance with the zoning regulations and minimum lot size for
the reconfiguration of Lots 31, 32, and 35 of Tract 26557 into two lots on or about
September 26, 1967."
In short, Staff concluded that the 1967 division was illegal because the
definition of the word "lot" in the City's then zoning code contemplated only
parcels identified in a map or survey which had been recorded with the county
recorder, and no such map or survey currently appears as a matter of record.
Staff did not consider the definition of the word "lot" in the City's then
subdivision code, nor did it explain how Municipal Code Section 34.110 (also part
of the zoning code), which on its face permitted lot divisions without recordation
of a map or a survey, either supported its analysis or constituted a separate basis
for issuing a notice of violation.
Notwithstanding the alleged violation, Staff further "determined that the
parcels as deeded to separate property owners and currently configured can
meet the subdivision requirements and the processing and approval of a
Certificate of Compliance is feasible to make both parcels legally compliant with
current ESMC requirement for subdivisions and development standards."
It does not appear that the issues raised by Staff involve any public health
or safety concerns. See Government Code, Section 66499.34. To the contrary,
the purported violation, if one exists at all (which X- Factor disputes), would be
technical and non - substantive in nature.
51 Page r' e>
c.
Finally, Staff noted that the developer of the 711 property had applied for a
building permit on July 14, 1967 and that the City had issued such a permit on
September 19, 1967. The City also issued certificates of occupancy for the 711
property in 1968 and 1976.
On February 28, 2008, X- Factor appeared before the Planning Commission
and argued, among other things, that it was exempt from application of state or
municipal subdivision laws under Government Code Section 66412.6(b). The
Planning Commission rejected X- Factor's argument and thereupon adopted
Resolution No. 2629. This appeal was then timely filed.
In its March 7, 2008 filing, X- Factor clearly demonstrated how it was
exempt from application of the state or municipal subdivision laws, and that
therefore no notice of violation could be properly recorded. This memorandum
provides a further explanation as to why the City has no legitimate basis for
issuing or recording any notice of violation against X- Factor's property.
B. QUESTIONS
The Planning Commission's analysis gives rise to the following important
questions and concerns.
1. How did the definition of a "lot" under Section 34.2 of the City's Code
(concerning "Zoning ") give rise to a violation of state or local law, if at
all?
2. Is the definition of a "lot" under the City's Code, as recited by the
Planning Commission, complete?
3. Did either the SMA or the City's Code require recordation of an
approved map to divide lots into two parcels in 1967, as Staff contends?
4. Did the City even have a subdivision law on the books in 1967 and, if so,
why did not Staff refer to such a law in its report?
61 Page r� 11
211
5. How does the Planning Commission's reference to, and reliance on,
Section 34.110 support the issuance of a notice of violation, insofar as that
ordinance specifically permitted the division of parcels into not less than
four lots, without recordation of a map or survey?
C. X- FACTOR'S FURTHER LEGAL ARGUMENTS AGAINST IMPOSITION OF THE
VIOLATION NOTICE.
1. While Staff Has Alleged A Technical Violation Of The Subdivision Law, It
Failed To Consider That Law In Its Report.
Staff has recommended, and the Planning Commission has agreed upon,
the issuance of a notice for an alleged violation of either the state or municipal
subdivision laws. However, the City considered neither. Instead, its analysis
focused exclusively on Chapter 34 of the City's code. Chapter 34 is the City's
zoning law. It is Chapter 28 which contains the City's subdivision law. In short,
the City has predicated its entire analysis on the wrong ordinance. This, in itself,
constitutes an unmistakable and fundamental flaw in the City's position.
2. There Was No Violation Of The City's Zoning Law In Any Event.
Staff cited Section 34.2 of the municipal zoning law (in effect as of October
1962) for two definitions of the word "lot" (as used in the zoning, not the
subdivision, ordinance). It concluded that, insofar as the subject property did not
match either of the two definitions, there must be a violation of the subdivision
laws. While the logic of this conclusion is dubious, even more glaring is Staff's
failure to consider the third definition of the word "lot" in the zoning ordinance.
Staff attached to its report the entirety of Section 34.2 as it existed in 1962.
As noted, Section 34.2 contained three separate definitions of the word "lot."
The first definition of "lot" (cited by Staff), was a parcel delineated on a plat
recorded in the office of the county recorder. The second definition of "lot" (also
71 Page
cited by Staff), was a parcel delineated on a survey recorded with the county
recorder. It is the third (and final) definition of the word "lot" under the City's
zoning_law in effect as of October 1962 (not cited by Staff) which potentially
applies in this case: A parcel of real property not delineated on a recorded survey
or map, and containing not less than the minimum square footage required in the
zone in which it is located, nor more than one acre, which abuts at least one
public street. Thus, even assuming that the definition of the word "lot," as found
in the City's zoning law, could somehow be used to support an alleged violation
the subdivision law, the zoning ordinance in effect as of October 1962 (i.e., the
year by which Staff's report tests the legality of the lot division) was broad
enough to encompass the 711 property as a legal "lot ". See also "Zoning and
Subdivision Regulations of the City of El Segundo" (1969), at Section 20.08.270
(defining a "lot" under the Zoning Code as (1) a parcel shown on a recorded plat
map, (2) a parcel defined by a recorded survey, or (3) a parcel neither identified
on a recorded plat map, nor defined by a recorded survey, but containing the
minimum square footage for the zone in which it is located and abutting a public
road).
It should also be noted that Section 1523 of the City's original zoning
ordinance (enacted on July 22, 1957) expressly permitted, without any
requirement for recordation, divisions of lots which contained more than the
minimum required area: "When any lot or parcel in any zone contains a greater
area than the required minimum lot area of the zone in which it is located, then
each unit of the required minimum areas contained in such lot or parcel may be
utilized as a separate lot, provided that all other requirements of the zone in
which it is located are met, and that any such division does not result in four or
more lots ". See Ordinance No. 507. Section 1523 was amended, by Ordinance
No. 545 on July 27, 1959, to permit such utilizations so long as the original lot
contained "two or more times the minimum lot area required for the zone" in
which it was located.
3. The City's Subdivision Law Contained A Different Definition Of "Lot."
81 Page A. t-)
Even if there were a basis to predicate a violation upon the definition of the
word "lot" as it appeared in the zoning law (which there is not), Chapter 28 of the
City's Code, relating to and governing "subdivisions," has never defined a "lot" in
the same manner as the zoning code. Rather, the definitions of the word "lot," as
found in the City's subdivision ordinance, are all concerned with a parcel's width
and depth, an issue of no importance or even relevance here. See Ordinance No.
379 (1957), enacting City's subdivision law, at Section 28.12 (defining "lot" by
means of minimum area and width).
4. In 1967, California's Subdivision Map Act, And By Extension The City's
Subdivision Ordinance, Did Not Regulate The Division Of Land Into Fewer
Than Five Parcels.
As Staff concedes in its report, the 1967 division resulted in only two
parcels. It is true that, under the current SMA, a "subdivision" is defined as a
division of land into two or more parcels for the purpose of sale, lease, or finance.
California Government Code, Section 66424. However, at the time of the
"division" in 1967, the SMA did not purport to regulate, and had no impact on,
the division of land into five or fewer parcels. The SMA therefore had no
application to the facts of this case.
The history of the SMA was summarized in the recent case of Van't Rood v.
County of Santa Clara, 113 Cal. App. 4th 549 (2003). As the Court there explained,
the first SMA was enacted in 1893. Subsequent versions were enacted in 1907,
1929, 1937, 1943 and 1974. All versions enacted after the first contained a
"grandfather" clause which exempted from current SMA requirements those
subdivisions which had been established in compliance with the laws in effect at
the time of the earlier subdivision. Id., at 563. See also 9 Miller & Starr,
California Real Estate (3d ed. 2007) (hereinafter "Miller & Starr "), Section 25:13
( "Each version of the Subdivision Map Act since 1907, initiating the modern Act,
contains a grandfather provision... [After 1907] the Map Act was amended on
several occasions, and in each case each Act provided that it did not apply to
divisions that occurred prior to the effective date. [Accordingly] a division of land
91 Page R-1
actually accomplished by deed prior to the effective date of any regulation for the
division of land, or occurring in compliance with the subdivision laws in effect at
the time of the division, remains valid "); Government Code, Section 66499.30(d)
(current SMA does not apply to any parcel that was sold or leased in compliance
with or exempt from any map act or local ordinance regulating subdivision design
and improvement in effect at the time the subdivision was established, and
certificate of compliance not required for any such parcel). Before 1974, the
statutory definition of a "subdivision" expressly applied oniv to divisions that
resulted in five (5) or more parcels. Van't Rood, supra, at 565 -566.
In Fishback v. County of Ventura, 133 Cal. App. 4th 896, 901, 904 (2005), the
Court observed that Government Code Section 66499.30 is a "grandfather" clause
which protects subdivisions that were either already approved by local agencies,
or were deemed exempt under the subdivision laws in effect, at the time the
subdivision was established. The Court also noted that before 1972, the SMA did
not require a parcel map for a division of land into less than five parcels. Id., at
902, n.3.
The City's original subdivision law adopted the same definitions and terms
as the SMA. See Ordinance No. 379 at Section 28.1 (all terms of the City's
subdivision ordinance "shall have the same meanings as ascribed thereto in the
Subdivision Map Act "). Similarly, the new subdivision law enacted by the City in
1967 clearly stated that the City had adopted the same definition of "subdivision"
as was contained in the SMA. Ordinance No. 675 repealed Ordinance No. 379 and
restated the City's subdivision law. It defined a "subdivision" as follows: "A
subdivision is a division of real property as defined by the Subdivision Map Act.
All subdivisions within the definition of the Subdivision Map Act shall be subject
to the terms and provisions of this Chapter." Accordingly, at the time of the
division of the 711 property from the 555 property in 1967, neither the SMA nor
the City's subdivision law applied. Because the SMA did not apply to divisions of
land into five or fewer parcels, neither did the City's subdivision law, and there
was nothing improper about the lot split which occurred between the subject
properties in 1967.
101 Page
92, 1 8
Finally, because there was no SMA or related requirement at the time of
the 1967 "subdivision," the current SMA has no application either. See California
Government Code, Section 66499.30(d)(SMA requirements do not apply to
parcels that were in compliance with or exempt from any law regulating the
design and improvement of subdivisions in effect at the time the subdivision was
established); Gardner v. Sonoma, 29 Cal. 4th 990, 999 (2003); Miller & Starr,
Section 25:13 ( "A parcel created by a subdivision of four or fewer parcels prior to
March 4, 1972, is conclusively presumed to be created lawfully if at the time of
the subdivision it complied with any local ordinance in effect which regulated
divisions of fewer than five parcels, or there was no local ordinance at the time of
the division "). See also Stell v. Jay Hales Dev. Co., 11 Cal.App.4th 1214 (1992).
5. The City Permitted The Division Of The Subject Property Without
Requiring The Recordation Of Any Survey Or Map.
The Planning Commission's analysis hinged upon the absence of a recorded
map or survey. However, no such recordation was necessary where, as here, the
lot division resulted in fewer than five parcels.
As enacted in 1957 by Ordinance No. 379, the City's subdivision law
(Chapter 28) was "supplemental" to the SMA, and of course applied only to
"subdivisions." See Ordinance No. 379, Section 28.1 (provisions are
"supplemental" to those of SMA). As previously explained, the division of land
into fewer than five parcels was not considered a "subdivision" under the SMA
before 1972, and therefore could not have been considered to be a "subdivision"
under the City's municipal code. See Ordinance No. 675, repealing Ordinance No.
379 in late 1967, and stating: "A subdivision is a division of real property as
defined by the Subdivision Map Act. All subdivisions within the definition of the
Subdivision Map Act shall be subject to the terms and provisions of this Chapter."
Under Government Code Section 66412.6(a), a parcel created before March 4,
1972 is conclusively presumed to have been lawfully created if it resulted from a
division of land in which less than five parcels resulted and the applicable local
ordinance did not regulate the division of land creating fewer than five parcels.
111 Page ,�
x;19
The City was undoubtedly aware of the division of the 711 property from
the 555 property at the time it approved construction of the office building on the
711 property in 1967. On December 8, 1965, the developer of the M -1 building
on the 555 property submitted his Application for Building Permit. That
application reflected the submission of multiple sets of plans. The "legal
description" of the property to be developed was "Lot 10, 11, 12, 13, 35 ". On July
14, 1967, the developer of the 711 property submitted his Application for Building
Permit, which again reflected that multiple sets of plans accompanied the
application. The "legal description" of the property to be developed was "Lot 1,
2, 3, 4 & 30, 31, 32, 35 ". Even a cursory examination of these applications,
submitted for adjoining properties, shows that the parcel designated as "Lot 35"
was being split between the two developments. Yet, the City issued the
requested building permits and allowed the construction to proceed, all as
requested and without condition.
6. Even If There Were An "Illegal" Subdivision In 1967, The Current Owner
Bears No Responsibility.
It is evident that neither the State nor the Municipal subdivision laws
applied to the property development which occurred in 1967, and that the City's
zoning laws would have no application in any event. However, even if the alleged
"subdivider" of the properties had violated some law in 1967 (which he did not),
that violation could not, as a matter of law, be held against a subsequent
purchaser of the property like X- Factor.
In this regard, and as explained in X- Factor's March 7, 2008 appeal,
Government Code Section 66412.6(b) states, in relevant part:
"For purposes of this division or of a local ordinance enacted pursuant
thereto, any parcel created prior to March 4, 1972, shall be conclusively
presumed to have been lawfully created if any subsequent purchaser
acquired that parcel for valuable consideration without actual or
constructive knowledge of a violation of this division or the local ordinance.
Owners of parcel or units of land affected by the provisions of this
121 Page 6wAW
subdivision shall be required to obtain a certificate of compliance or a
conditional certificate of compliance pursuant to Section 66499.35 prior to
obtaining a permit or other grant of approval for development of the parcel
or unit of land."
Accord, Miller & Starr, Section 25:13 ( "It is conclusively presumed that any parcel
created prior to March 4, 1972, was lawfully created in favor of a bona fide
purchaser for value who did not have actual or constructive knowledge of the
violation of the Map Act or local ordinance "). Government Code Section
66412.6(b) became operative on January 1, 1995 and governs the parties here.
Under Section 66412.6(b), X- Factor cannot be held in violation of the SMA,
and the City cannot properly record a notice of violation, if: (1) the parcel was
created before March 4, 1972; (2) X- Factor acquired the property for valuable
consideration; and (3) X- Factor did not have actual or constructive knowledge of a
subdivision violation at the time it purchased the property.
It is true that, under the foregoing statute, the City could require X- Factor
to obtain a certificate of compliance if X- Factor sought a permit for development.
However, X- Factor seeks no such permit. See Keizer v. Adams, 2 Cal. 3d 976, 979-
980 (1970) ("The Subdivision Map Act is designed to restrict activities of the
subdivider —the one 'who causes the land to be divide into a subdivision.'...The
act does not require the innocent purchaser to suffer for a violation by his
grantor, of which he has neither knowledge nor the means of discovery. ")
7. The City Should Be Estopped To Deny X- Factor's Compliance With
Applicable Laws.
The subject improvements, and the division of the properties at issue, have
all been in place without obiection for more than 40 years. There is something
viscerally wrong with a belated attack on the status quo, particularly one which is
highly technical and non - substantive, after so many years.
Here, the City issued a building permit in July 1967. Because no permit for
building may be issued in conflict with the zoning code, the City's issuance of
131 Page
building and occupancy certificates is substantial evidence of the developer's
compliance with the laws which governed at the time. See Zoning Code, Section
34.183. There is no evidence that the improvements at the 711 property failed in
any respect to meet the requirements imposed by the City. Indeed, the City also
issued certificates of occupancy in December 1968 and again in May 1976. Copies
of these certificates are part of the public record. Each such certificate stated:
"This certificate is issued pursuant to the requirements of the City of El
Segundo Building Code and Zoning Ordinance certifying at the time of its
issuance this structure is in compliance with the various codes of the City
regulating building construction or use."
This was the state of the public record when X- Factor purchased the 711 property
in 2003. X- Factor relied on these public records of legality and conformity of the
property to the City's laws when it made the decision to buy the 711 property,
and the City should now be equitably estopped from adopting a contrary position.
See California Evidence Code, Section 623 ( "[w]henever a party has, by his own
statement or conduct, intentionally and deliberately led another to believe a
particular thing true and to act upon such belief, he is not, in any litigation arising
out of such statement or conduct, permitted to contradict it "). See also Long
Beach v. Mansell, 3 Cal. 3d 462, 496 (1970) ( "[t]he government may be bound by
an equitable estoppel in the same manner as a private party when the elements
requisite to such an estoppel against a private party are present and, in the
considered view of a court of equity, the injustice which would result from a
failure to uphold an estoppel is of sufficient dimension to justify any effect upon
public interest or policy which would result from the raising of an estoppel ");
Lentz v. McMahon, 49 Cal. 3d 393, 400 (1989); Kieffer v. Spencer, 153 Cal. App. 3d
954, 963 (1984).
D. CONCLUSION
There is no legitimate showing that X- Factor has violated any law or
regulation. Nor does X- Factor seek any relief, remedy or benefit from the City.
X- Factor has not applied for a building permit or other license, and X- Factor has
141 Page ��`,r-
no current intention of further developing the property. It is now, and has always
been, a "passive" owner. It simply seeks to operate the property it purchased in
2003 as it has been continuously operated, without objection from the City, for
the past 40 years. Yet, as a result of Xerox's unauthorized pursuit of building
entitlements, X- Factor now finds itself in the unenviable position of facing public
citation for an alleged violation which purportedly occurred 35 years before X-
Factor purchased the property.
The only correct response to these issues is the fair and obvious one. The
City Council should recognize that there has been no violation of any law, and
reverse the Planning Commission's adoption of Resolution No. 2629.
Respectfully submitted,
LAW OFFICE OF RICHARD S. HESSENIUS
By: ✓Ucha,%d S. Reza eniva
Attorney at Law
151 Page 2,O-L3
APPENDIX OF DESIGNATED ADDITIONAL CITY RECORDS
X- Factor hereby designates, and requests the City Planning
Department to include, the following materials from the City's files, for
the purpose of supplementing the record of this proceeding.
1. Application for Building Permit concerning 711 property, dated
July 14, 1967.
1967.
2. Building Permit issued for 711 property, dated September 19,
3. "Zoning and Subdivision Regulations of the City of El Segundo"
pamphlet printed in 1969.
4. Ordinance No. 507 (1957).
5. Ordinance No. 545 (1959).
6. Ordinance No. 379 (1959).
7. Ordinance No. 675 (1967).
8. Application for Building Permit concerning 555 property, dated
December 8, 1965.
9. Building Permit issued for 555 property.
9. Certificates of Occupancy concerning 711 property, issued in
1968 and 1976.
161 Page 0
RESOLUTION NO.
A RESOLUTION AFFIRMING THE FEBRUARY 28, 2008 PLANNING
COMMISSION DETERMINATION THAT REAL PROPERTY LOCATED
AT 711 SOUTH AVIATION BOULEVARD (LOT 31, A PORTION OF LOT
32 AND A PORTION OF LOT 35 OF TRACT 26557; APN NO. 4138 -009-
015) VIOLATES THE SUBDIVISION MAP ACT AND DIRECTING
RECORDATION OF A NOTICE OF VIOLATION.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares that:
A. On February 28, 2008, the Planning Commission adopted Resolution No.
2629 which is attached as Exhibit 'A" and incorporated by this reference
( "Decision ");
B. As set forth more completely within the Decision, the Planning
Commission determined that real property located at 711 South Aviation
Boulevard (the "Property ") was illegally subdivided and directed the
Planning and Building Safety Director to record a Notice of Violation on
the property in conformance with Government Code § 66499.36;
C. On March 7, 2008, the Property's owner, X- Factor, LP ( "X- Factor "), timely
appealed the Decision pursuant to El Segundo Municipal Code ( "ESMC ")
§ 15 -25 -3;
D. Pursuant to a tolling agreement executed on or about March 25, 2008, the
City and X- Factor agreed to schedule a public hearing before the City
Council on June 4, 2008 regarding X- Factor's appeal;
E. On June 4, 2008, the City Council opened a public hearing to consider the
Decision, X- Factor's appeal, the administrative record upon which the
Planning Commission rendered the Decision, and such additional
testimonial and documentary evidence that the City Council chose (at is
discretion and in accordance with ESMC § 15 -25 -4) to admit into the
record;
F. This Resolution, including its findings, conclusions, and determinations, is
adopted based upon the evidence set forth in the entire record including,
without limitation, documentary and testimonial evidence; the staff report;
and such additional information set forth in the administrative record that is
too voluminous to reference.
SECTION 2: Factual Findings. The City Council incorporates the factual findings in the
Decision as if fully set forth in this Resolution.
rj r.
Page 1 of 3 2
SECTION 3: Affirmation of the Decision. For the reasons set forth in the Decision,
which are incorporated into this Resolution by reference, the City Council affirms the
Decision. The Property violates Government Code §§ 66410, et seq., specifically
Government Code §66412.6, and the ESMC for the reasons set forth in the Decision.
The Planning and Building Safety Director is directed to record a Notice of Violation in
conformance with the Decision.
SECTION 4: Administrative Record. The following items are not part of the
administrative record considered by the City Council since they were either untimely,
irrelevant, or substantially duplicative of existing evidence: a document entitled
"Supplemental Memorandum" received by the City on May 28, 2008 from X- Factor.
SECTION 5: Reliance on Record. Each and every one of the findings and
determinations in this Resolution are based on the competent and substantial evidence,
both oral and written, contained in the entire record relating to the Decision. The
findings and determinations constitute the independent findings and determinations of
the City Council in all respects and are fully and completely supported by substantial
evidence in the record as a whole.
SECTION 6: Summaries of Information. All summaries of information in the findings,
which precede this section, are based on the substantial evidence in the record. The
absence of any particular fact from any such summary is not an indication that a
particular finding is not based in part on that fact.
SECTION 7: The City Clerk is directed to mail a copy of this Resolution to X- Factor and
to any other person requesting a copy.
SECTION 8: This Resolution becomes effective immediately upon adoption and
constitutes the City's final decision.
PASSED, APPROVED AND ADOPTED this 4th day of June 2008.
Kelly McDowell, Mayor
Page 2 of 3 ��
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF EL SEGUNDO )
SS
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Resolution No. was duly passed and adopted by said City Council, approved and
signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said
Council held on the 4th day of June, 2008, and the same was so passed and adopted
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cindy Mortesen, City Clerk
APPROVED A,9TO'J
MARK D. HF, NSLEY
ttorney
H. Berger, A /Distant City Attorney
r'
PAPlanning & Building Safety \PRO117C'FS \726- 750 \F:A - 750\C'(' 060408 \1:A -750 CC Reso.2008.06.04.doc
Page 3 of 3
EL SEGUNDO CITY COUNCIL MEETING DATE: June 4, 2008
AGENDA ITEM STATEMENT AGENDA HEADING: COMMITTEES, COMMISSIONS & BOARDS
AGENDA DESCRIPTION: Consideration and possible action regarding the announcement of the
appointments of candidates to the following Committees, Commissions and Boards (CCBs):
Recreation & Parks Commission; Senior Citizen Housing Corporation Board.
RECOMMENDED COUNCIL ACTION:
(1) Announce the appointees to the CCBs, if any, and terms of office;
(2) Announce that recruitment continues for positions on remaining CCBs: Environmental
Committee; Planning Commission, Library Board of Trustees and interviews will be
scheduled for June 17, 2008;
(3) Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
Recreation & Parks Commission
# of Openings Appointee(s): Term Expire(sl:
Senior Citizen Housing Corporation Bd 2
ATTACHED SUPPORTING DOCUMENTS: N/A
FISCAL IMPACT: N/A
05/30/08
06/30/08
06/30/08
TEEN Date: 5-/.2-46%
hia,deni h1Q§,E)cut-utive Assistant
REmWavt krimCitv Date:
Manaaer
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
5/9/2008 THROUGH 5/22/2008
Date
Payee
Amount
Description
5/12/2008
West Basin
892,427.52
H2O payment
5/15/2008
Health Comp
3,753.19
Weekly claims
5/15/2008
Employment Development
47,404.69
State Taxes
5/15/2008
IRS
231,669.77
Federal Taxes
5/16/2008
Health Comp
4,519.49
Weekly claims
5/16/2008
Manufactures & Traders
50,701.02
Vantage 457
5/16/2008
Nationwide Retirement
28,740.22
457 contributions
5/16/2008
State of CA
1,153.24
Child support withholdings
5/21/2008
Health Comp
2,884.13
Weekly claims
5/21/2008
Federal Reserve
50.00
Employee EE Bonds
5/21/2008
Federal Reserve
250.00
Employee I Bonds
5/21 /2008
La Salle
43,725.00
ABAG Payment
5/21/2008
Cal Pers
277,513.84
Retirement
5/21/2008
Lane Donovan Golf Ptr
21,029.51
Payroll Transfer
5/9- 5/22/08
Workers Comp Activity
28,723.33
SCRMA checks issued
DATE OF RATIFICATION: 6/03/08
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
t
Deputf Treas I er
1,634,544.95
c5
C! v
Date
-, I c)
Date
WAM109
lop, -
1,634,544,95
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MAY 20, 2008 - 6:00 P.M.
6:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 6:00 p.m.
ROLL CALL
Mayor McDowell
- Present
Mayor Pro Tern Busch
- Present
Council Member Brann
- 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.
The City Attorney stated that Council would be meeting in closed session pursuant to items
identified on the agenda and Government Code §54956.9(b) items were threats of litigation
regarding Henry Radio, Claim No. 07-48, Siegel, Claim No. 07 -43, Verizon, Claim 07-49, DTC
Compliance Order, Carson Landfill and exposure to litigation known to the public generally.
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)) -
-1- matters
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): -5- potential case (no
further public statement is required at this time); Initiation of litigation pursuant to Government
Code §54956.9(c): -2- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matters
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0- matter 4
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 20, 2008
PAGE NO. 1
4231
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
MAY 20, 2008
PAGE NO. 2
r r1
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MAY 20, 2008 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 7:00 p.m.
INVOCATION — Pastor John Svendsen, First Baptist Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Eric Busch
PRESENTATIONS
a. Certificates of Commendation for volunteer services of the AARP Volunteer Tax Preparers
for senior citizens of EI Segundo.
ROLL CALL
Mayor McDowell - Present
Mayor Pro Tern Busch - Present
Council Member Brann - 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.
Jack Axelrod, resident:
Pursuant to the procedures set forth on the first page of this Agenda, resident Jack Axelrod
has requested that the following items be placed on the City Council Agenda for possible
discussion and action by the Council. The Council is not required to discuss or take action
on these items.
a. Replace all the U.S. flags on Grand Ave. with flags designed by the elementary school
children of El Segundo. Emphasis should be on designs promoting peace and a healthy
environment.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 20, 2008
PAG� NQ.
b. Prepare a resolution calling upon Rep. Harmon immediately to initiate Impeachment
Proceedings against the President and the Vice President on the basis of war crimes as well
as domestic crimes.
C. Prepare a resolution calling upon House Speaker Pelosi to (A) get HR -4102 to the floor with
all speed, and (B) to reject all new appropriations for funding a hideous, immoral and illegal
war and occupation.
d. Prepare a resolution calling upon Senate Majority Leader Reid to (A) bring about the
immediate withdrawal of all U.S. military forces from Iraq, and (B) demand the closing of at
least 300 of our 700 military bases (including the Air Force base here in El Segundo) around
the world, and (C) begin reductions of our nuclear weapons stockpiles.
Mr. Stevens, resident at Park Vista, spoke regarding his vehicle being towed from the City parking
lot behind Joslyn Center for a 72 hour parking violation and associated fine.
Dave Burns, resident, spoke regarding Item Number 16 campaign contribution limits and the
limiting of a candidate's freedom of speech, He requested Council consider setting the
contribution limit at $750. Also spoke regarding paper waste generated by unsolicited "free"
newspapers.
Rod Spackman, Chevron, gave a presentation regarding the recent Coker "Hot Spot" Event at
Chevron.
Loretta Frye, resident, spoke in favor of continued distribution of the El Segundo Herald, Beach
Reporter, Easy Reader and other free papers.
Council requested staff check City public parking lots for 72 hour posting. The City Attorney stated
that the Police Department had a process in place for an individual to file an administrative
complaint.
Staff to contact newspapers to see if they have an "opt out" program for an individual to ask that
unsolicited newspapers not be delivered to their residence.
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 Fisher to read all
ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS
VOTE. 5/0
B. SPECIAL ORDERS OF BUSINESS
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 20, 2008
PAGE NO. 4
r
C. UNFINISHED BUSINESS
2. Consideration and possible action regarding: (1) The approval of a Contract Change Order
to the existing Public Works Contract with SEMA Construction, Inc. in conjunction with the
construction of the Douglas Street Gap Closure Project. (Fiscal Impact: $674,659.43,
Change Order); (2) An Amendment No. 3464 C to the existing Professional Services
Agreement with Caltrop Corporation (Fiscal Impact: $73,930.00, Amendment Amount); (3)
An amendment to the existing Professional Services Agreement with the Dardanelle Group,
Inc. (Fiscal Impact: $25,000.00, Amendment Amount)
Stephanie Katsouleas, Interim Public Works Director, gave a report.
MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Fisher to authorize the City
Manager, or designee, to execute Change Order Number 32 to the existing Public Works Contract
with SEMA Construction, Inc. in the total amount of $674,659.43; Authorize the City Manager, or
designee, to execute an amendment to Contract No. 3464 with Caltrop Corporation, in a form
approved by the City Attorney, in the amount of $73,930.00; Authorize the City Manager, or
designee, to execute an amendment to a contract with the Dardanelle Group, Inc., in a form
approved by the City Attorney, in the amount of $25,000.00. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
3. Consideration and possible action to receive and file the staff report pertaining to operations
at Campus El Segundo Athletic Fields located at 2201 East Mariposa. (Fiscal Impact:
$95,950)
Richard Brunette, Recreation and Parks Director, gave a report.
Council consensus to receive and file the staff report regarding Campus El Segundo Athletic Fields
safety options.
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
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 2565657 to 2565907 on Register No. 15 in the total amount of
$1,033,290.90 and Wire Transfers from 4/25/2008 through 5/8/2008 in the total amount of
$1,126,447.51. 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 May 6, 2008 and Special City Council
Meeting of April 29, 2008.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 20, 2008
PAGE NO. 5
tiJ5
6. Approved the examination plan for the Personnel Merit System job classification of Human
Resources Manager. (Fiscal Impact: None)
7. PULLED FOR DISCUSSION BY MAYOR MCDOWELL.
8. PULLED FOR DISCUSSION BY MAYOR PRO TEM BUSCH.
9. Accepted a cash contribution from Chevron Products Company, donated to the El Segundo
Fire Department in support of Super CPR Saturday (Cardio- Pulmonary Resuscitation
instruction; $1,000) and Suppression Training ($4,000). (Fiscal Impact: $5,000) Authorized
the City Manager to transfer the monies into the CPR General Fund account and
Suppression Training account.
10. Approved two professional service agreements in excess of $10,000 for Accounting, Tax
and Advisory of Orange County, L.L.C. (CBIZ), Agreement No. 3822, and Macia Gini &
O'Connell L.L.P. (formerly Moreland & Associates), Agreement No. 3823, in support of the
Finance Department. (Fiscal Impact $75,000 off -set with salary savings of $75,000.)
Authorized the City Manager to approve /amend Professional Services Agreements on
behalf of the City for temporary professional accounting services with CBIZ in the amount of
$38,000 and Macia Gini & O'Connell L.L.P. in the amount of $37,000 for an amount not to
exceed $75,000, as approved to form by the City Attorney.
11. Adopted Resolution No. 4558 to release liens on 19 affected properties identified in the
1986 Assessment District No. 73 for Sewer Improvements. (Fiscal Impact: None)
Authorized the City Clerk to File Notice of Discharge of Assessment Lien with the County
Recorder.
12. Accepted the work as complete for construction related to the City's Residential Sound
Insulation Program Group 15 (25 Homes). Project No. RSI 06 -15. (Final contract total:
$1,268,124.30) Authorized the City Clerk to file the City Planning and Building Safety
Director's Notices of Completion in the County Recorder's Office.
13. Accepted the work as complete for construction related to the City's Residential Sound
Insulation Program Group 16 (30 Homes). Project No. RSI 06 -16. (Final contract total:
$1,272,830.93) Authorized the City Clerk to file the City Planning and Building Safety
Director's Notices of Completion in the County Recorder's Office.
14. Awarded Contract No. 3824 to S &L Specialty Contracting, Inc. for construction related to
Group 27 (36 residences) of the Residential Sound Insulation (RSI) Program. (Estimated
construction cost and retention: $975,040) Authorized the City Manager to execute a
construction contract in a form approved by the City Attorney.
MOTION by Council Member Brann, SECONDED by Council Member Jacobson to approve
Consent Agenda Items 4, 5, 6, 9, 10, 11, 12,13 and 14. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 20, 2008
PAGE NO. 6
6W r
7. Consideration and possible action regarding the status on staffing and workload issues in
the Planning and Building Safety Department. (Fiscal Impact: $30,000)
Council consensus to receive and file status on staffing and workload issues in the Planning and
Building Safety Department. (Fiscal Impact: $30,000)
8. Consideration and possible action to authorize the City Manager to purchase two new
alternative fuel vehicles at a cost not to exceed $60,000 for use by the Planning and
Building Safety Department. (Fiscal Impact: $60,000.00)
MOTION by Mayor Pro Tem Busch, SECONDED by Council Member Fisher to authorize the City
Manager to purchase two new alternative fuel vehicles at a cost not to exceed $60,000 for use by
the Planning and Building Safety Department. MOTION PASSED BY UNANIMOUS VOICE VOTE,
5/0
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
15. Consideration and possible action regarding the presentation of fiscal year 2007 -2008
Midyear Financial Budget Review, approval of fiscal year 2008 -2009 Budget Calendar, and
direction on allocating the fiscal year 2006 -2007 General Fund surplus of 3.871 million.
Deborah Cullen, Finance Director, gave a report.
Council consensus to receive and file Fiscal Year 2007 -2008 Midyear Financial presentation.
MOTION by Council Member Fisher, SECONDED by Council Member Jacobson, to authorize the
allocation of Fiscal Year 2006 -2007 surplus of $970,000 for GASB45, to fully fund year one of the
annual required contribution, designate $900,000 for estimated increase in liability claims expense
and increase the General Fund Unreserved, Undesignated fund balance as of September 30, 2007
by the cost of living adjustment which would total $590,000. Directed Staff to proceed with Fiscal
Year 2008 -2009 Budget Calendar. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
REPORTS — CITY CLERK — Announced that due to the State election on Tuesday, June
3rd, the next regular City Council meeting would be held on Wednesday, June 41h at 7:00
p.m.
J. REPORTS — CITY TREASURER — Reported on recent conference in San Francisco.
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fisher — NONE
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 20, 2008
PAGE NO. 7
Council Member Jacobson — Announced May 31St as Super CPR Saturday and also on that day
the Education Foundation would be having a Car Show at the Auto Museum.
Council Member Brann — Spoke on the recent Police and Fire Open House. Also spoke regarding
the Tree Muskateers event, State of the City presentation by the Mayor and Elderfest,
Mayor Pro Tem Busch —
16. Consideration and possible action regarding providing direction to staff to prepare an
ordinance amending Title 1, Chapter 9 — "Campaign Contributions and Disclosures," of the
El Segundo Municipal Code ( "ESMC ") with regard to campaign finance regulations for
consideration by the Council at a future Council Meeting.
Council consensus to direct staff to prepare an Ordinance amending Title 1, Chapter 9 of
the ESMC to consider raising the campaign contribution limit and to eliminate the limit on
how much a candidate could contribute to his own campaign.
City Attorney to report back on legality of City placing a limit on when signs could be placed
before an election and requiring committee number and contact phone number on
campaign signs.
Also requested that a time limit on putting signs up before an election be included with the
voluntary policy limiting signs to one per property frontage.
Mayor McDowell —
17. Consideration and possible action regarding the assignments of Council Members to
various intergovernmental agencies, other local agencies and subcommittees.
Mayor McDowell announced the following Council Committee Assignments effective May 20, 2008
through April 6, 2010:
Aviation Safety & Noise Abatement Committee (Liaison), Council Member Carl Jacobson,
Delegate, Council Member Bill Fisher Alternate; City Selection Committee, Mayor Kelly McDowell,
Delegate, Proxy as Needed, Alternate; Hyperion Citizens Forum, Council Members Don Brann and
Carl Jacobson, Delegates; Independent Cities Association (ICA), Mayor Kelly McDowell, Delegate;
Independent Cities Risk Management Authority (ICRMA), Mayor Kelly McDowell, Delegate;
League of California Cities, Council Member Don Brann, Delegate, Council Member Bill Fisher,
Alternate; Los Angeles County Sanitation District 5 and South Bay Cities District, Mayor Kelly
McDowell, Delegate, Council Member Carl Jacobson, Alternate; Municipal Area Express
Transportation (MAX), Council Member Carl Jacobson, Delegate, Council Member Bill Fisher,
Alternate; Reach Out Against Drugs (ROAD), Mayor Pro Tern Eric Busch, Delegate; Santa Monica
Bay Restoration Project, Mayor Pro Tern Eric Busch, Delegate; Senior Citizen Housing Corporation
Board (Liaison), Council Member Carl Jacobson, Delegate, Council Member Don Brann, Alternate;
South Bay Cities Council of Governments (COG), Mayor Kelly McDowell, Delegate, Mayor Pro
Tern Eric Busch and Council Members Bill Fisher, Carl Jacobson, Don Brann, Alternates; South
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 20, 2008
1 PAGE NO. 8
� 1�
Bay Economic Development Partnership, Council Member Don Brann, Delegate, Council Member
Bill Fisher, Alternate; South Bay Youth Project, Council Member Don Brann, Delegate, Council
Member Bill Fisher, Alternate; Southern California Association of Governments, Council Member
Don Brann, Delegate, Mayor Kelly McDowell, Alternate; Southern California Cities Joint Powers
Consortium, Council Member Bill Fisher, Delegate; West Basin Water Association, Council
Member Don Brann, Delegate.
Standing and Ad Hoc Committees:
City /School Affairs Subcommittee, Mayor Kelly McDowell and Council Member Don Brann,
Delegates; Technology Subcommittee, Council Members Bill Fisher and Carl Jacobson,
Delegates; Disaster Council, Mayor Kelly McDowell and Mayor Pro Tern Eric Busch, Delegates;
Downtown Subcommittee, Mayor Kelly McDowell, Delegate; Golf Committee, Council Members
Carl Jacobson and Bill Fisher, Delegates; Business Recruitment Task Force, Mayor Kelly
McDowell and Mayor Pro Tern Eric Busch, Delegates; LA County West Vector Control District,
Sandra Jacobson, Delegate; Water conservation Subcommittee, Mayor Kelly McDowell and Mayor
Pro Tern Eric Busch, Delegates.
Council consensus to approve and implement attached assignments.
Announced the upcoming Author Fair at the Library June 1St, 12:45 p.m. to 4:45 p.m.
Free "water brooms" being distributed by the City to local businesses.
Congratulated Lt. General John Sheridan on assumption of command at the Los Angeles Air Force
Base and General Michael Hammel on his retirement.
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. - NONE
MEMORIALS — NONE
ADJOURNMENT at 8:28 p.m.
Cathy Domann, Deputy City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 20, 2008
PAGE NO. 9
r � .1• �
COUNCIL COMMITTEE ASSIGNMENTS
May 20, 2008 - April 6, 2010
Aviation Safety & Noise Abatement Committee Liaison
Carl Jacobson _
Bill Fisher
City Selection Committee
Kelly McDowell
Proxy as Needed
Hyperion Citizens Forum
Don Brann
Carl Jacobson
N/A
Independent Cities Association (ICA) -52 cities education/advocacy
Kelly McDowell
N/A
Independent Cities Risk Management Authority (ICRMA)
I Kelly McDowell
N/A — (staff
sitions
League of California Cities
Don Brann
Bill Fisher
Los Angeles County Sanitation District 5 and South Bay Cities District -
SanDist
Kelly McDowell
Carl Jacobson
Municipal Area Express Transportation MAX
Carl Jacobson
Bill Fisher
Reach Out Against Drugs ROAD
Eric Busch, Pres. is ex officio
Santa Monica Bay Restoration Project- Bay Watershed Council SMBRP
Eric Busch
N/A
Senior Citizen Housing Corporation Board Liaison
Carl Jacobson
Don Brann
_ _
South Bay Cities Council of Governments (COG)
Kelly McDowell
Eric Busch
Bill Fisher
Carl Jacobson
Don Brann
South Bay Economic Development Partners (SBEDP)
Don Brann
Bill Fisher
South Bay Youth Project
Don Brann
Bill Fisher
Southern California Association of Governments — General Assembly
SCAG
Don Brann
Kelly McDowell
Southern California Cities Joint Powers Consortium
Bill Fisher
N/A
West Basin Water Association
_
Don Brann
N/A
mom
City/School Affairs Subcommittee
Kelly McDowell and Don Brann
Technology Subcommittee
Bill Fisher and Carl Jacobson
Disaster Council
Kelly McDowell and Eric Busch
*Downtown Subcommitte eff. Nov. 2005 re $250,000 ex p.
Kelly McDowell
Golf Committee-Standing Committee reconstituted 10105104
_
Carl Jacobson and Bill Fisher
Business Recruitment Task Force
Kell McDowell and Eric Busch
LA County West Vector Control District Council election in 2004
Sandra Jacobs K4 yr term up in 2008
Water Conservation Subcommittee
Kelly McDowell and Eric Busch
JOA:Councit/Council All /CC Committee Assignments:051606 CC Committee Assignments- Extemal /Intemal.doc
` * U
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: June 4, 2008
AGENDA HEADING: Consent Agenda
Consideration and possible action regarding the approval of the examination plans for the
Personnel Merit System job classifications of Senior Building Inspector. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1) Approve the examination plans;
2) Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
Section 1 -6 -9 of the El Segundo Municipal Code, entitled "Examinations ", provides that the
Personnel Officer shall review and recommend to the City Manager, who in turn shall
recommend to the City Council, an appropriate examination plan and weights for each portion
of the examination for Personnel Merit System job classifications.
Approval of examination plans for Merit System job classifications in all City Departments has
been required since the passage of initiative Ordinance No. 586 in April 1962.
(continued on next page)
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: None
Operating Budget:
Amount Requested:
Account Number: Various
Project Phase:
Appropriation Required: Yes X NO
ORIGINATED BY: DATE: May 21, 2008
';P'
Bob Hyland, Director of an Resources
REV E BY: DATE:
c Wayt, Int im /ityManager Agenda 570
W
041
BACKGROUND & DISCUSSION:
For departments other than the Police and Fire Departments, the plan may consist of any
one or combination of the following techniques:
1. Written;
2. Oral;
3. Demonstration;
4. Any evaluation of education, experience, or skills or physical fitness, which fairly
evaluated the relative capacities of the applicants.
Police and Fire Departments:
The examination plan, for entrance or promotional, for the Police and Fire Departments,
shall consist of a written examination and one or more of the following:
1. Oral;
2. Demonstration;
3. Any evaluation of education certification, experience, or skills or any test of
manual skills or physical fitness, which fairly evaluates the relative capacities of
the applicant.
Senior Building Inspector (Closed Promotional)
and
Component
Structured, Technical Oral Interview
(Open- Competitive)
Weight
100%
The current testing process is a result of the retirement of the incumbent.
EL SEGUNDO CITY COUNCIL MEETING DATE: June 4, 2008
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding: 1) the approval of a change order for additional
painting at the Park Vista Senior Apartments, and 2) acceptance of all public works activities
under Project No. PW 07 -12, which includes painting at the Park Vista Senior Apartments (615
E. Holly Avenue), the Lakes Golf Course (400 S. Sepulveda Boulevard) and the El Segundo
Police Department (348 Main Street). (Fiscal Impact: $14,300.00)
RECOMMENDED COUNCIL ACTION:
(1) Approve Change Order No. 2 in the amount of $14,300.00 for additional painting at the
Park Vista Senior Apartments; (2) Accept all painting work under this contract as complete; (3)
Authorize the City Clerk to file a Notice of Completion in the County Recorder's Office; (4)
Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
On February 6, 2008, the City Council awarded a contract in the amount of $49,950 for
painting activities at three (3) public facilities in El Segundo, including the Park Vista Senior
Apartments, The Lakes Golf Course, and the El Segundo Police Department.
(Background and Discussion provided on the following page)
ATTACHED SUPPORTING DOCUMENTS:
Notice of Completion
FISCAL IMPACT: $14,300.00
Amount Requested:
Account Number:
Project Phase:
Appropriation Required:
$14,300.00
405-400-0000-6215($40,555)
503 -400 -5301 -8104 ($13,700)
Park Vista Operating Budget ($41,785)
Accept the work as complete
No
ORIGINATED BY: DATE:
Steph ie Kato leas, Publi Works Director
REVIEW BY: DATE:
J ck Wayt, Interim City Manager
0 1,
,-4,)
BACKGROUND & DISCUSSION: (continued)
On May 6, 2008, the City Council approved Change Order No. 1 for additional painting needs
identified at The Lakes Golf Course and the El Segundo Police Department in the amount of
$27,485.00
After the painting commenced at the Park Vista Senior Apartments, an additional request was
made by the Park Vista Housing Board to paint the stairways and residential doors, areas not
included in the original scope of work. The additional work includes residential doors for
$4,850 and seven (7) stairways for $9,450 (ceilings, walls, railing and doors). The
recommended Change Order No. 2 ($14,300) will compensate the contractor for the additional
work already completed.
All work associated with Project No. PW07 -12 has now been completed to the satisfaction of
the City and staff recommends acceptance of the complete project. Funding for the final
contract in the amount of $91,045 is as follows:
Park Vista Senior Housing Operating Budget $41,785.00
Golf Course Bond Refinancing $13,700.00
2007/08 Facility Maintenance $40,555.00
Total Contract $91,045.00
f) 1
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: Painting of the Public Facilities in the City of El Segundo
Project No.: PW 07 -12
Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that:
The undersigned is an officer of the owner of the interest stated below in the property
hereinafter described.
The full name of the owner is: City of El Segundo
The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245
The nature of the interest of the owner is: Public Facilities
A work of improvement on the property hereinafter described was field reviewed by the
City Engineer on May 19, 2008. The work done was: Painting of the Park Vista Senior
Apartments, the Lakes Golf course and the El Segundo Police Department.
6. On June 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.
The name of the Contractor for such work of improvement was: Tony Painting, Inc.
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
Facility
9. The street address of said property is: 615 E. Holly Avenue, 400 S. Sepulveda
Boulevard and 348 Main Street.
Dated:
Stephanie Katsouleas
Public Works Director
VERIFICATION
I, the undersigned, say: I am the Director of Public Works /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.
Stephanie Katsouleas
Public Works Director If: ;j
Notice of Completions \PW 07 -12
EL SEGUNDO CITY COUNCIL MEETING DATE: June 4, 2008
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to waive the formal bidding process and approve a contract
with Tyler Technologies for the purchase of Eden Utility Billing software and related support
services for the Water Division of Public Works. (Fiscal Impact: $69,095)
RECOMMENDED COUNCIL ACTION:
1) Pursuant to El Segundo Municipal Code Section 1 -7 -10, waive the formal bid process
based on a sole source vendor for the purchase of Utility Billing Software and related
support services for the Water Division.
2) Authorize the City Manager to execute a contract as approved by the City Attorney to
purchase Eden Utility Billing Software and related support services from Tyler
Technologies.
3) Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
In July 2003, the City was notified by its water billing service provider, Cal Water, that it would
no longer provide billing services for the City of El Segundo at the end of the year. Staff
subsequently began researching alternative water billing programs that could be operated and
maintained by City employees. Ultimately, American Business Software was selected put into
operation in December 2003.
(Background and Discussion continued on the next page)
ATTACHED SUPPORTING DOCUMENTS:
Proposal from Tyler Technologies
FISCAL IMPACT: $69,095
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required:
none
$69,095
601 -400- 7102 -8104 ($34,000)
N/A
No
501 -400- 7103 -8207 ($35,095)
ORIGINATED BY: DATE:
Stephanie Katsouleas, Director of Public Works
REVIEWEBSY: DATE:
nt City Manager
07
X40
BACKGROUND & DISCUSSION (continued)
While this software has provided the City with water billing capabilities for the past four years,
staff has determined that the program has several significant weaknesses, such as:
• The database records are difficult to maintain by Information Services;
• Report and query capabilities for Finance are limited;
• Bills cannot be easily viewed before printing, making it difficult to catch billing errors
before they are sent to residents;
• Day -to -day operation of the software has proved to be more cumbersome and time
intensive than expected; and
• The system requires extensive custom programming to be able to provide adequate
online payment capabilities to residents.
Given the need to seamlessly integrate water billing with the Water Division, Information
Services, Finance and City Treasurer, these departments collectively began researching the
replacement of American Business Software in mid 2007. This included contacting other local
cities about the types of water billing software they use as well as water billing vendors about
the types of software they offer. Ultimately, staff invited several vendors to submit proposals to
the City.
In addition to being the lowest cost proposal submitted, staff determined that Tyler
Technoligies' Eden Utility Billing software would best meet the City's needs. It creates a single,
compatible platform for the City by providing seamless and automated data integration with
other Eden financial modules currently used by the City. The software overcomes the issues
raised above, and it also gives staff the ability to utilize a software program that they are
already familiar with, thereby minimizing the need for additional training. As with our current
billing software, maintenance fees will be required. The annual charge is currently $6,245 and
the cost of the first year is included in the proposal.
Tyler Technologies owns Eden software. It is proprietary and thus there are no third party
vendors that can provide competitive pricing for the product, support and training. For this
reason, staff recommends that City Council waive the formal bidding process and authorize
the City Manager to award a contract to Tyler Technologies in the amount of $69,095 for the
purchase of the Eden Utility Billing software.
ADDENDUM TO SOFTWARE LICENSE AND USE AGREEMENT
ORIGINAL AGREEMENT DATE: October 7, 1997
PARTIES: Tyler Technologies, Inc. ("Licensor"), and the City of
El Segundo, California ("Licensee)
WHEREAS, Licensor and Licensee entered into a Software License and Use Agreement on the date set
forth above (the "Agreement "); and
WHEREAS, Licensor and Licensee desire to modify the exhibits to the Agreement as set forth in this
Addendum.
THEREFORE, Licensor and Licensee agree as follows:
I . Licensee agrees to purchase and receive and Licensor agrees to sell and deliver those products
and services set forth in Exhibit A to this Addendum, which shall supplement the exhibits to the
Agreement. Payment for such products and services shall be made in accordance with Exhibit
B.
In the event of cancellation or termination of this Addendum, Licensee will make payment to
Licensor for all products, services, and expenses delivered or incurred under this Addendum
prior to such termination or cancellation.
3. Except as otherwise expressly set forth in this Addendum, the terms and provisions of the
Agreement and its exhibits remain unchanged.
EFFECTIVE as of the last date set forth below.
Tyler Technologies, Inc.
Name:
Title:
Date:
City of El Segundo
By:
Name:
Title:
Date:
:; Ii is
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EL SEGUNDO CITY COUNCIL MEETING DATE: June 4, 2008
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to approve Amendment No. 2 to a Memorandum of
Understanding (MOU) between the City of El Segundo and the Los Angeles County
Metropolitan Transportation Authority (MTA). The Amendment would change the scope of
work to allow resurfacing the asphalt concrete pavement on Douglas Street between El
Segundo Boulevard and Imperial Highway. Project No. PW 07 -09.
(Fiscal Impact: $478,785; MTA Grant Revenue of $236,766 and Traffic Mitigation fees
$242,019).
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Interim City Manager to execute Amendment No. 2 in a form approved by the
City Attorney; (2) Authorize the Interim City Manager to execute all documents needed to
receive the MTA funds, amend the City's budget as appropriate, and spend the money; (4)
Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
(Background and Discussion continued on the next page)
ATTACHED SUPPORTING DOCUMENTS:
Draft of Amendment No. 2 to Memorandum of Understanding No. P0008079
FISCAL IMPACT: $478,785.00
Operating Budget:
Capital Improvement Program:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required:
ORIGINATED BY:
Ala? � k,
P
Ste harKKatsoul a
REVIEWED BY:
AJackWant rim Ci
$5,000,000
$478,785
702 - 400 -8141 -8646 (Traffic Mitigation fees) $242,019
301 -400- 8203 -8940 (MTA grant funds) $236,766
Approval of MOU
No
, Public Works Director
BACKGROUND & DISCUSSION: (continued)
DATE:
DATE:
Jl
�V
BACKGROUND & DISCUSSION: (continued)
On February 21, 2006, the City Council approved a Memorandum of Understanding ( "MOU ")
with the MTA to obtain grant funding for the Nash Street/Douglas Street One -way to Two -way
Street Conversion Project. Pursuant to the MOU, the MTA granted $1,207,000 to the City and
required a local match of $649,900 (35% of the grant). On January 25, 2007, the MTA Board
approved supplemental funding for the project in the amount of $2,043,000, for an MTA total
of $3,250,000. The required City match also increased to $1,750,000. On June 19, 2007, the
City Council approved Amendment No. 1 to the MOU for the additional funding, bringing the
total project budget to $5,000,000.
The project originally identified slurry sealing Nash and Douglas Streets. The MTA grant
monies ordinarily cannot be used for slurry because MTA considers resurfacing routine
maintenance by local agencies. However, the City has reevaluated the structural needs for
Nash and Douglas Streets given that:
Both streets are truck routes and secondary arterials.
The asphalt concrete pavement on Douglas Street is deteriorated to an extent such that
it is not cost effective to slurry coat the roadway and still meet anticipated traffic needs.
Traffic volume is expected to increase substantially on both streets once the two -way
conversion project is completed, in particular because there is now continuous access
between the 1 -105 freeway from Rosecrans Avenue on Douglas, and additional
development is expected adjacent to both Nash and Douglas.
• Traffic will be diverted from the north -south arterials of Aviation and Sepulveda
Boulevards.
For these reasons, the City requested that MTA reconsider and approve the use of the grant
funds for resurfacing of Douglas Street between El Segundo Boulevard and Imperial Highway
and part of Nash Douglas.
On April 21, 2008, the City received a letter from MTA, approving the expenditure of an
additional $238,766 in grant monies for "minor rehabilitation" of these streets. This amount
represents MTA's share (65 %) of the total revised project cost. As detailed below, a significant
balance of funding will remain after anticipated construction cost for project completion.
Funding Status:
Available Grant Funds $5,000,000'
..'a ':
*$.$ 250;00t$1,750,000
je00A 1,-,;
Pro ect.Casts:
Q( 9yS
61
tty Share3
T. 35%
Design
$ 222,004
Inspection and testing
$ 175,000
Construction
$1,688,685
20% Construction continoency
$ 417,138
.Total Projected Costs r "�
$2;502,827 tR
,',�1,62�
Remaining Balance
$2,497,173
$1,623,162
$ 874,011
Upon completion of the Project, the balance of grant funding will be returned to MTA.
TIP #: CFP# 8079
AMENDMENT NO 2
PPNO (If applicable) M000008079
AMENDMENT No. 2 TO MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF EL SEGUNDO AND
THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
This Amendment No. 2 to Memorandum of Understanding (this "Amendment "),
is dated as of May 19, 2008, by and between City of El Segundo ( "Grantee "), and the Los
Angeles County Metropolitan Transportation Authority ( "LACMTA ").
RECITALS:
A. Grantee and LACMTA entered into that certain Memorandum of
Understanding No. MOU.P0008079 dated November 15, 2005, which was amended on May 2,
2007 (as amended, the "Existing MOU "), which Existing MOU provides for the Nash
Street/Douglas Street One -Way to Two -Way Conversion, (the "Project "); and
B. Grantee sent a letter to LACMTA dated April 3, 2008, requesting the
LACMTA to approve changing the slurry seal component of the original scope to resurfacing the
asphalt concrete pavement on Douglas Street and Nash Street, located between El Segundo
Boulevard and Imperial Highway, as part of the Nash/Douglas One -Way to Two -Way
Conversion Call for Project.
C. The existing condition of the asphalt concrete pavement has deteriorated to
an extent that was unanticipated when the Project was originally approved as part of the 2001
Call for Projects.
D. Under the System Preservation element of the 2007 Call for Project's
Regional Surface Transportation Improvements mode, a project that includes "minor
rehabilitation, reconstruction, or resurfacing that is less than 15% of the project cost may be
considered for funding ".
E. Whereas, Grantee's proposed resurfacing of Douglas Street would cost
$500,000 which would result in a new total project cost of $2,502,827. Of this new project cost,
15% or $375,424 would be an eligible expenditure for the resurfacing component. Of this
amount, LACMTA's proportionate share would be $244,025 (65 %) and the Grantee will need to
fund $131,398. Additionally, the City would need to fund the balance of $103,362 for a total
Grantee contribution of $261,234.
F. Whereas, the expanded scope of the project can be absorbed within the
existing project budget.
G. Whereas, the total project cost of $2,502,827.00 to complete the project
was identified by the Grantee to be less than the existing project budget of $5,000,000.
Rev: 01.16.08
H. Whereas, the amended and restated TOTAL Project funding by LACMTA,
MOU 08 Local Amendment Prop C
J ,3
TIP #: CFP# 8079
AMENDMENT NO 2
PPNO (If applicable) IVIGU 0008079
including all available grant and programmed funds for the project is $1,591,775 as provided in
this MOU.
herein.
I. Grantee and LACMTA desire to amend the Existing MOU as provided
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Attachment A -1 of the Existing MOU is hereby replaced by Attachment
A -2, attached.
2. Attachment B -1 of the Existing MOU is hereby replaced by Attachment B-
2, attached.
3. Attachment C of the Existing MOU is hereby replaced by Attachment C -1,
attached.
4. Except as expressly amended hereby, the Existing MOU remains in full
force and effect as originally executed. All rights and obligations of the parties under the
Existing MOU that are not expressly amended by this Amendment shall remain unchanged.
Rev: 01.16.08
2 MOU 08 Local Amendment Prop C
c: J
TIP #: CFP# 8079
AMENDMENT NO 2
PPNO (If applicable) MOl1.P0008079
IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be duly
executed and delivered as of the above date.
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY
By: Date:
Roger Snoble
Chief Executive Officer
Approved as to form:
Raymond G. Fortner, Jr.
County Counsel
By:
Deputy
CITY OF EL SEGUNDO
C
By:
Bv:
Jack Wayt
Interim City Manager
Cindy Mortesen
City Clerk
Mark Hensley
City Attorney
Date:
Date:
Date:
Date:
Rev: 01 .16.08 3 MOU 08 Local Amendment Prop C
�J
EL SEGUNDO CITY COUNCIL MEETING DATE: June 4, 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 700 Allied Way, Suite A, EA No. 789 and AUP No. 08 -01. Applicant:
The Counter Restaurant c/o Fori and Paula Owurowa (Fiscal Impact: None).
RECOMMENDED COUNCIL ACTION:
1. Receive and file a determination that the City Council does not object to issuance of a
new Type 41 ABC license at 700 Allied Way, Suite A; 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 May 22, 2008
4. Approval Letter to Applicant dated May 6, 2008
5. Police Memorandum dated May 1, 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
ORIGINATE Y:
Gary Chicots, D. ctor of Planning and Build
REVIEWED DATE:
Jack , Interim 1 Manager
x 66
0
STAFF REPORT: June 4, 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 11 :00 a.m. to 10:00 p.m., Friday through Saturday from 11:00 a.m. to 11:00
a.m., and Sunday from 12:00 p.m. to 9:00 p.m. The outdoor patio would be open the same
hours as the restaurant and there are no residential uses adjacent to the subject property.
On May 6, 2008, the Director of Planning and Building Safety Department approved an
Administrative Use Permit application (EA No. 789, AUP No. 08 -01) for 700 Allied Way,
Suite A. The Director's decision was forwarded to the Planning Commission on May 22,
2008. On May 22, 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 SafetylPROJECTS\776- 8001 EA- 789\2008.6.4.EA- 789.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 ONLY
TOTAL
AGE R/- AVERAGE BY
'PE RC NT
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
-600/0
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%
6w
Records /eg Page 1 1/24/2008
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CITY OF EL SEGUNDO
PLANNING COMMISSION STAFF REPORT
PUBLIC HEARING: May 22, 2008
SUBJECT: Environmental Assessment No. EA -789
Administrative Use Permit No. 08-01
APPLICANT: The Counter c/o Fori & Paula Owurowa
PROPERTY OWNER: PES Partners, 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: 700 Allied Way, Suite A
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 700 Allied Way, Suite A 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 restauranf\from the California
Department of Alcoholic Beverage Control. The restaurant will consist of an indoor
dining area and one outdoor patio. The restaurant will be approximately 2,800
square feet in area. The restaurant will contain 56 seats in the general dining area
and 11 seats at the bar for a total of 67 seats inside the restaurant. A 301 square -
foot outdoor dining area is proposed immediately west of the building with direct
access from the interior of the restaurant and will contain 20 seats. The restaurant
'60
will contain a combined total of 87 seats.
The following chart describes the proposed dining and seating areas as revised:
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:
The proposed indoor dining area and food preparation area is 2,716 net square feet
which requires 36 parking spaces. The proposed outdoor patio is greater than 200
total square feet and therefore would require 4 additional parking spaces. The total
2
required parking for the proposed restaurant is 40 parking spaces.
The restaurant dining hours of operation are proposed to be limited to: Monday
through Thursday from 11:00 a.m. to 10:00 p.m., Friday through Saturday from
11:00 a.m. to 11:00 p.m., and Sunday from 12:00 p.m. to 9:00 p.m. 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 and Building Division's
comments have been reviewed and incorporated in the conditions for the
proposed project.
III. RECOMMENDATION
Receive and File.
IV. EXHIBITS
A. Administrative Use Permit Approval Letter, dated May 6, 2008
B. Administrative Use Permit application
E. Plans
Prepared by: Maria Baldenegro, Assistant Planner
Kimberly Chr' tensen, AICP, Planning Manager
Departrrjqn Planning & Building Safety
Gary Ch !cots PDirector
Department of Planning & Building Safety
PAPlanning & Building SafetpROJECT% 776- 800\EA- 789\EA- 789.PC- SR.doe
3
Elected Officials:
Kew McDowell,
Mayor
Eric K. Busch,
Mayor Pro Tam
Cad Jacobson,
Council Member
Bill Fisher,
Council Member
Don Brann,
Council Member
Cindy Mortesen,
City Clark
Ralph Lanphere,
City Treasurer
Appointed Officials:
Jack Wayt, Interim
City Manager
Mark 0. Hensley,
City Attorney
Department Directors:
Bill Crowe,
Assistant City Manager
Deborah Cullen,
Finance
Robert Hyland,
Human Resources
Kevin Smith,
Fire Chief
Debra Brighton,
Library Services
Gary Chkots,
Planning and Building
Safety
David Cummings,
Polk@ Chief
Stephanie Katsouieas, Interim
Public Works
Richard Brunette,
Recreation d Parks
www.elsegundo.org
Planning & Building Safety Department
May 6, 2008
Fori & Paula Owurowa
1912 -B Perry Avenue
Redondo Beach, CA 90278
RE: Environmental Assessment No. EA -789 and
Administrative Use Permit (AUP) No. 08 -01
On -Site Sale and Consumption of Beer and Wine in
Conjunction with the Operation of a Restaurant (The
Counter) for a (Type 41 State of California Alcoholic
Beverage Control License)
Address: 700 -A Allied Way (Plaza El Segundo)
Dear Mrs. Owurowa:
I am pleased to inform you that, in accordance with El Segundo Municipal
Code ( "ESMC ") Chapter 15 -22, 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 -789 and Administrative Use Permit No. 08 -01 for the on -site sale
and on -site consumption of beer and wine at 700 Allied Way, Suite A. The
following are the findings and facts in support of each finding for this
decision:
350 Main Street, El Segundo, California 90245 -3813 b ��
Phone (310) 524 -2380 FAX (310) 322 -4167
FINDINGS AND FACTS IN SUPPORT OF FINDINGS:
Environmental Assessment No. EA -789
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
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 3,101 square -foot restaurant is located at 700 Allied Way, Suite A in a
commercial shopping center that is under construction.
Administrative Use Permit 08 -01
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
The applicant proposes to provide on -site sale and consumption of beer and
wine in a new restaurant. The restaurant will be located in the Plaza El Segundo
shopping center at 700 Allied Way, Suite A. The restaurant will be 3,101 square
feet in area, including the 301 square -foot outdoor dining area. It will contain 56
seats in the general dining area and 11 seats at the bar for a total of 67 seats
inside the restaurant. The outdoor dining area is proposed immediately west of
4. Li
2
the building with direct access from the interior of the restaurant and will contain
20 seats. The restaurant will contain a combined total of 87 seats.
2. The minimum number of required parking spaces for the restaurant and patio
(based upon the net building area and proposed uses) is 40 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
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 May 22, 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
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
4. J
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
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 11:00 a.m. to 10:00 p.m., Friday through Saturday from 11:00
a.m. to 11:00 p.m., and Sunday from 12:00 p.m. to 9:00 p.m. The two outdoor
patios would be open the same hours as the restaurant.
r1 ,
" to
4
Findina 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.
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 11:00 a.m. to 10:00 p.m., Friday through Saturday from 11:00
a.m. to 11:00 p.m., and Sunday from 12:00 p.m. to 9:00 p.m. The outdoor patio
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
1. 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:
6-1
The restaurant dining hours of operation are limited to: Monday through
Thursday from 11:00 a.m. to 10:00 p.m., Friday through Saturday from 11:00
a.m. to 11:00 p.m., and Sunday from 12:00 p.m. to 9:00 p.m. The outdoor patio
would be open the same hours as the restaurant. Food service must be available
in the indoor dining area and the outdoor patio during the dining hours. Any
change to the hours of operation or 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 67 indoor dining seats,
including a maximum of 11 bar seats and the outdoor patio area for dining cannot
exceed 20 seats. The restaurant will contain a combined total of 87 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.
268
0
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.
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 the outdoor patio
6W
t) :I
area, 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 area must comply with ESMC § 15 -2 -16.
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. 789 and Administrative Use Permit No. 08 -01. 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 -789 or AUP
08 -01, 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 May 22,
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 June 4, 2008.
Should you have any questions, please contact Maria Baldenegro, Assistant Planner, at
(310) 524 -2341.
Sincerely,
Gary Chicot6birector
Department of Planning and Building Safety
PAPlanning & Building Safety\PROJECTS \776- 800\EA- 789\EA- 789.AUP.LTR.doc
Page 1 of 1
Baldenegro, Maria
From: Phipps, Max (Captain)
Sent: Thursday, May 01, 2008 3:06 PM
To: Baldenegro, Maria
Subject: RE: ABC License for "The Counter' Restaurant
Maria:
The police department has no objection to the issuance of an On -Sale Beer and Wine ABC license for The
Counter restaurant.
From: Baldenegro, Maria
Sent: Thursday, May 01, 2008 12:04 PM
To: Phipps, Max (Captain)
Cc: Chicots, Gary; Christensen, Kimberly
Subject: ABC License for "The Counter" Restaurant
Max,
An application request for an AUP (alcohol license) was recently routed to the Police Department and no
comments were provided. I need an official statement that describes that the El Segundo Police Department will
not object to the issuance of a new ABC license for this restaurant. The new restaurant will be located at 700 -A
Allied Way (Plaza El Segundo).
Please assist me in providing the statement for the record. I will need this statement for both the Planning
Commission and City Council reports I am preparing. The application is scheduled to go before the Planning
Commission on May 22, 2008. 1 will need the statement no later than Wednesday May 7, 2008. Thank you for
assisting me in this case.
Regards,
Maria Baldenegro, Assistant Planner
City of El Segundo
Planning and Building Safety Department
350 Main Street
El Segundo, CA 90245
t: (310) 524 -2341
f: (310) 322 -4167
e: mbaldenegro @elsegundo.org
J,
MAY O 120
or �7 i
5/1/2008
EL SEGUNDO CITY COUNCIL MEETING DATE: June 4, 2008
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the approval of the release of retention to SEMA
Corporation in connection with the Douglas Street Gap Closure Project - Public Works Project
No. 05 -06. (Retention Amount: approximately $1,038,067.68).
RECOMMENDED COUNCIL ACTION:
(1) Release the full retention currently held in an escrow account (approximately
$1,038,067.68) to SEMA Corporation; and (2) Alternatively, discuss and take other action
related to this item.
BACKGROUND & DISCUSSION:
On August 7, 2007, City Council approved sending 10% of the first half of the Douglas Street
Gap Closure contract amount to an escrow account as a retainer to protect the City from
potential liability associated with subcontractors hired by SEMA for the Douglas Gap Closure
project. The base amount of $1,007,099 has accumulated interest and has grown to
approximately $1,038,067.68. Determination of the exact amount held in escrow and released
to SEMA will be based on the total interest accrued on the anticipated release date following
council approval. Given that the project was completed three months ago, staff recommends
the release of the full retention from the escrow account to SEMA Corporation.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: NIA
Operating Budget:
Capital Improvement Program
Amount Requested:
Account Number:
Project Phase:
Appropriation Required:
0
0
0
301 - 400 - 8203 -8949
Retention Release
No
ORIGINATED BY: DATE:
Stephanie Katsouleas, Public Works Director
REVIEWED BY- DATE:
Jack Wayt, City Manager 10
EL SEGUNDO CITY COUNCIL MEETING DATE: June 4, 2008
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to award bid to Media Control Systems for purchase and
installation of a new Cable TV Bulletin and Automation System. (Fiscal Impact: $ 39,668.25)
RECOMMENDED COUNCIL ACTION:
1) Award bid in the amount of $39,668.25 to Media Control Systems for a Cable TV Bulletin
and Automation System; 2) Authorize the Interim City Manager to execute a Professional
Services Agreement with Media Control Systems, in a form approved by the City Attorney; 3)
Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
On April 8, 2008, a Request for Bid was issued by the Purchasing Agent for acquisition and
installation of a new Cable TV Bulletin and Automation System to replace Cable Division's
obsolete Television Bulletin System. The bid submittal period closed on May 20th. Only one
bid was submitted. Media Control Systems' bid was reviewed and determined to be
responsive. Additionally, the bid was below the estimated project cost of $42,000.
The existing system, which is scheduled for replacement, is limited to displaying static pictures
only and has no playback automation or video storage capabilities. Technical advancement in
digital technology allows the new system to playback moving or static video, digitally store
video programming and automate our channels programming. Automating playback offers
greatly enhanced programming capability that includes the option for 24 -hour scheduling.
(continued next page)
ATTACHED SUPPORTING DOCUMENTS:
Bid #08 -12 — Media Control Systems Proposal Document
2007 9 -18 Adopt FY 07 -08 Equipment Replacement Schedule 13.pdf
FISCAL IMPACT: $39,668.25
Operating Budget: Equipment Replacement
Amount Requested: $ 39,668.25
Account Number: 601 - 400 -6601 -8104
Project Phase:
Appropriation Required: _Yes X No
5/20/08
Bill Crowe, Assistant City Manager
REVIEWED'BY' DATE:
s
Jac k� Wayt, City Ma ger
�. J
BACKGROUND & DISCUSSION: cont.
With the automated playback capability, part-time staff hours will no longer be required for
playback operation and can be reassigned to program production. The new system's digital
video storage capability will allow for more efficient editing with archiving capability of program
production elements and photos. Digital storage of video and photos also reduces the physical
media recording (printing) onto tapes /DVD's making this a more environmental - friendly
alternative to current video storage capability.
Media Control Systems' bid was evaluated and found to be responsive to our proposal
requirements that included: capability to schedule and playback video /audio files and
programs; proven reliability at other local cable TV stations; integration capability for our
existing playback/editing systems; local on -site tech support; ability to input/output multiple
formats including dv; remote operation capability for monitoring channel operation; remote
operation capability for changing outgoing programming; and a time -based user interface for
program scheduling.
A number of Southern California cities, including Santa Monica, Lawndale, Glendale,
Calabasas, and Costa Mesa, operate Cable TV bulletin and automation systems similar to the
configuration bid by Media Control Systems. Given the vendor's track record of successful
installations and experience with local government agencies, staff recommends bid award to
Media Control Systems.
It is recommended that the City Council 1) Award bid in the amount of $39,668.25 to Media
Control Systems for a Cable TV Bulletin and Automation System; 2) Authorize the Interim City
Manager to execute a Professional Services Agreement with Media Control Systems, in a
form approved by the City Attorney.
� ''t
CITY OF EL SEGUNDO
REQUEST FOR BID
Cable TV Bulletin & Automation System
Date: April 8. 2008
BID #08.12
Provide your bid ON THIS SHEET for the matenals/serwces listed below in accordance with the terms and specifications noted
*ALL BIDS SHALL BE F.O.B. DESTINATION and include all costs delivered to the City of El Segundo'
CLEARLY MARK & DELIVER BIDS TO: City of El Spundo City Clerk's Office
Cable Video Production Equipment
350 Main Street, Rm. 5, El Segundo, CA 90245 -3695
BIDS WILL BE RECEIVED UNTIL: 11:00 a.m., May 20, 2008
Any questions regarding this bid can be made to the Purchasing Agent, J. Richard Hogate 0 (310) 524 -2339
Any questions regarding equipment listed can be made to the Cable Manager, Dan O'Toole 0 (310) 524 -2719
The City of El Segundo has determined the following specifications for bid purposes. The specifications referenced are not
intended to be restrictive but descriptive of the type and quality the City of El Segundo desires to purchase. Quotes for similar
items of like quality will be considered if the bid is fully noted with the manufacturer's brand name and model including a
detailed listing of their specifications. The City of El Segundo reserves the right to determine products of equal value. Vendors
will not be allowed to make unauthorized substitutions after award is made.
' SEE DESCRIPTION AND ATTACHED EQUIPMENT LIST
NOTE: Please expedite this bid and quote FIRM FIXED PRICES. Tax 8.25% $ 52,$21.25
Prices to be good for a minimum of sixty (60) working days
from bid closing date listed above. TOTAL $ S39- 668.25
Do you currently have equipment in stock? No
If not, when do you expect to take delivery(s)? 2 Weeks Installation time trame 4-6 Weeks
Bid Submitted by:
Com n Media Control Systems
Pa Y name '!'_ Authairized Company Sidder Stqnature __J rj7704 4 147-ez
Crry . State: Zip, El C;*fb CA 92020 05 -16 M 105r 0
PLEASE FILL IN TERMS dr DELIVERY:
Terms. 111 la days, nM 3a days. or net3_ —days
Delivery To be made on or before: , . 07- 11-08 or _ _ 28 to 42
- - -.. _ __ _.- days after receipt of
uruef.
Please also fill in prices for individual items on the last page of this document.
See terms on the other side of this page.
�, r
CITY OF EL SEGUNDO
REQUEST FOR BID
Cable TV Bulletin & Automation System
Date April 8 2008
' Suggested Egutoment List
BID SOB -!2
The following list is intended to be representative of the type and quality of the equipment desired.
Vendor may substitute equivalent equipment. but must provide full documentation demonstrating that
the equipment is equivalent. The City will make the final determination if the proposed equipment is
completely equivalent. Each item should be quoted separately. Any item(s) may be pulled from the
final contact at the discretion of the City.
1EM
OTY DESCRIPTION
PRICE•UNII
-OTAL
Tightrope Cablecast SX4. TV Automation System
1 tAulomation System with Built -in multi - tormat Videoserver, 4 T Storage, 4- Output and
$17,865
i$17,865
2- Input, MPEG -2 Encoder to SOMbs. Composite Video A SDI. Balanced Stereo Audio
2
1 Tightrope Carousel Digital Message Player for SX Servers
$3,067
$6,174
3
1 Tightrope redundant Power for VS4 or SX Videoservers
$675
$675
4
1 Tightrope Loose Video Hard Drive
$
$
(spare hard drive for VS4 and SX servers)
USB to 8 -fort RS- 232/422 Module
$450
$450
(Provides control for 8 serial controlled devices. preset for 232 or 422)
1 Knox Routing Swdcher. 8x8 Video 8 Balanced Stereo Audio
$2,194
$2,194
RS -232 and front panel keyboard
Horita TSG -508. Test Signal Generator with Rack Mount Kit
1
$750
$750
(Video Colorbars. Audio Tone and Black-burst Sync Outputs)
h j
2 Hotronic AP -4I SW Time Base Corrector - (Composite. Digital Comb Filter)
$1,102
$2,204
Q
t Sony 400 -Disk DVD Changer and Player
I
$950
$950
(RS -232C. 400 Disk DVD Changer Player, control cable. requires shelf)
10
1 Spyglass TV Channel Failure Detector
$995
$995
11
1 Viking Automatic Telephone OialerfMessage Playback
$
_ (dials multiple phone numbers and plays back preprogrammed message)
_$
j
12
2 Behringer Dual Channel Audio Compressor Umiler
$145
I $290
13
1 4 -port KVM Switch, System Cables and Connectors
$750
$750
Turnkey - System Integration Installation
y
14
(Onsite System Integration. installation. output to two separate channels and Includes
$1,700
$1,700
connecting to Final C_ ut Pro edit workstations)
1:
System Design and Engineering Documentation
$450
$450
(Detailed System engineering and connections des(yn)
1.4. I
raining
(Training provided for operation of installed system and components)
5S
$S_
t;
Support
(one year local system support)
N/C
N/C
CITY OF EL SEGUNDO
REQUEST FOR BID
Cable TV Bulletin & Automation System
Date: April 8, 2006
BID $08 -12
TERMS:
The City of El Segundo reserves the right to reIW any or aN bids. or to accept separate items in bid unless this right is CorxM*ned by the
adder
In case of default, the City of El Segundo may procure ft ftwWalWso vioes from other sources and shall hold me original bidder or contractor
liable for resulting Increased Costs,
Quantities and optional dens listed are the c rty's best estimate for &d purposes. actual order quantities and options may vary
Ouote on each article separately AM or none bids may not be accepted
During litre performance of this contract, the vendor /contractor warrants that rt will provide equal opporturMties. and that ft vendoricoraractor
and each subcontractor wit take afforno w action to ensure that its employment practioea, persons are employed and ei m plivvess are treated
equally and w*xO regard so, or because of race, creed, color, national origin, sex, age, physical handicap, or medical condition. This
provision applies to worts or services performed or matenals manufactured or assembled to the United States.
The vendo0contractm warrants that h possesses legacy adequate Workers' Compensation InsurarK*.
�. c
CITY OF EL SEGUNDO
REQUEST FOR BID
Cable TV Bulletin & Automation System
Date: April b 2008 - -- -- BID #08
The system shall be assembled as a turnkey system to r>perate and perform within the foltowinq parameters
About El Segundo
El Segundo currently broadcasts video on two separate cable channels (Channel 3 & 22) plus live video streaminq
on the web. The City has 5 Apple Final Cut edit bays producing content that are connected by Ethernet
connections. The city also has live video/audio feeds coming in from City Council. School Board and two
additional teeds from an existing live switcher. Any two of these feeds should be scheduled for output on any ul the
syslem outputs under control of the web based scheduling software
Scheduling
The proposed system will be a television automation system that is completely operated by a web browser on anv
Apple or PC computer The system will have the ability to create, schedule and display digital video. images and
text, to perform an electronic community bulletin board function. After the information about a video segment or
teed has been entered once. it can be dragged and dropped to multiple schedule locations- Programming
schedules for server, once entered, will be able to be uploaded for display, to the web. and printed.
Fach event may have a beginning and ending dale /time specified for automatic insertion and removal The system
will warn of any gaps in programming, and use a default input or series of messages to fill gaps Prionty bulletins
can be scheduled to interrupt regular programming for critical messages The scheduling software will have the
capability to schedule specific air time. add items to the bulletin board, publish a schedule to the City's web site
send the schedule to TV Guide, and to generate programming reports.
Video Server
The proposed system will allow users of any of the edit bays to place content on the server in DV25. MPEG -2.
MPEG -4. WMV or OuickTime for output on any cable channel or the City's existing web streaming server It will be
able to store up to 4 Terabytes of digital content on Raid -5 disks, and also be able to play directly from external
storage devices. The content must remain in its original digital format until it is sent to It* output The video server
will have two encoder channels and four output channels, of MPEG -2 quality at up to 50 Mbps per channel
Additional Devices
The scheduling software will also cause the server to control multiple Sony 400 disk DVD changer, players. Sony
DSR -45 decks. and KNOX 8x8 routing switcher One Sony 400 disk DVD changer and the KNOX routinq switcher
are included in this quote The other devices are existing
A video sync generator and time base correctors will be provided to allow all sources to be correctly synchronized
for smooth switching. An automatic audio compressor t' limiter will be provided for audio level correction. System
will have a separate detector for loss of changing video on any of the 3 live channels which will dial several
telephone numbers and play back a message if live motion video is not detected.
Equipment provided will include a redundant power supply. a spare hard disk drive a 4 port KVM & cables. and a
test signal generator.
One - Channel of Spyglass failure detection is proposed. Additional channels may be purchased and added
later at the same price per channel as proposed.
--All
5i6 vy
CITY OF EL SEGUNDO
REQUEST FOR BID
Cable TV Bulletin & Automation System
Dale: April 8 2008
The system shall be assembled as a turnkey system to )perale and perform within the foliowmq parameters
About EI Segundo
FI Segundo currently broadcasts video on two separate cable channels (Channel 3 A 22) plus live video streaming
on the web. The City has 5 Apple Final Cut edit bays producing content that are connected by Ethernet
connections The city also has live videolaudio feeds coming in from City Council. School Board and two
additional feeds from an existing live switcher. Any two of these feeds should be scheduled tar output yr, any ul the
system outputs under control of the web based scheduling software
Scheduling
The proposed system will be a television automation system that is completely operated by a web browser on any
Apple or PC computer The system will have the ability to create, schedule and display digital video, images and
text. to perform an electronic community bulletin board function. After the information about a video segment or
feed has been entered once. it can be dragged and dropped to multiple schedule locations. Programming
schedules tot server, once entered. will be able to be uploaded for display. to the web. and printed.
Frich event may have a beginning and ending date /time specified for automatic insertion and removal. The systern
will warn of any gaps in programming, and use a default input or series of messages to fill gaps Prinnty hulletins
can be scheduled to interrupt regular programming for critical messages. The scheduling software will have the
capability to schedule specific air time. add items to the bulletin board, publish a schedule to the City s web site
send the schedule to TV Guide, and to generate programming reports.
Video Server
The proposed system will allow users of any of the edit bays to place content on the server in DV25. mrEG -2.
MPEG -4, "V or OuickTime for output on any cable channel or the Citys existing web streaming server It will be
able to store up to 4 Terabytes of digital content on Raid -5 disks, and also he able to play directly from external
storage devices. The content must remain in its original digital format until it is seat to the output The video server
will have two encoder channels and four output channels, of MPEG -2 quality at up to 50 Mbps per channel
Additional Devices
The scheduling software will also cause the server to control multiple Sony 400 disk DVD changer. players. Sony
DSR -45 decks. and KNOX 8x8 routing switcher One Sony 400 disk DVD changer and the KNOX routing switcher
are included in this quote The other devices are existing
A video sync generator and time base correctors will be provided to allow all sources to be correctly synchronized
for smooth switching. An automatic audio compressor ; limiter will be provided for audio level correction. System
will have a separate detector for loss of changing video on any of the 3 live channels which will dial several
telephone numbers and play back a message of live motion video is not defected.
Equipment provided will include a redundant power supply, a spare hard disk drive a 4 port KVM 8 cables. and a
test signal generator.
One - Channel of Spyglass failure detection is proposed. Additional channels may be purchased and added
later at the same price per channel as proposed.
s��pf
r;i
CITY OF EL SEGUNDO
RFP LOG
City of El Segundo
RFP 06-12
Cable TV Bulletin A Automation System
PurchasinglCable Department
Date of BID Opening: Tuesday, May 20 2006
Time of BID Opening: 11:00 A.M.
Place of BID Opening: City Cleric's OMke
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City Cleric's Office
PurchasinglPclice Department
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1
EL SEGUNDO CITY COUNCIL MEETING DATE: June 4, 2008
AGENDA ITEM STATEMENT AGENDA HEADING: City Clerk
AGENDA DESCRIPTION:
Consideration and possible action regarding cancellation of the July 1, 2008 City Council
Meeting.
RECOMMENDED COUNCIL ACTION:
1) Approve cancellation of the July 1, 2008 City Council Meeting.
2) Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
In the past, the City Council has cancelled the first meeting in July due to conflicts in
schedules. It is requested that Council approve the cancellation of the July 1, 2008 regularly
scheduled meeting.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT:
None
ORIGINATED BY: DATE:
�/?' (/ r 1pI- -A
MortE�City )tlerk
RE )AEWIED BY: DATE:
,J ck Wayt, terim City Manager
12