2009 JUN 02 - CC PACKET SUPSUPPLEMENTAL
AGENDA
EL SEGUNDO CITY COUNCIL
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REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, JUNE 2, 2009 - 7:00 P.M.
A new item is added to the Consent Agenda as follows:
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.
3A. Consideration and possible action to adopt Resolution No. 4599,
establishing procedures for paying an in -lieu fee in accordance
with the Downtown Specific Plan (Fiscal impact: None).
Recommendation — (1) Adopt Resolution No. 4599; and (2) take such
additional, related, action that may be desirable.
POSTED: c�
DATE:
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EL SEGUNDO CITY COUNCIL MEETING DATE: June 2, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding adopting a Resolution establishing a payment
program and procedures for making parking in -lieu fee payments within the Downtown Specific
Plan. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Adopt Resolution without reading; and /or
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Resolution entitled "A RESOLUTION ESTABLISHING PROCEDURES FOR PAYING
IN -LIEU FEES IN ACCORDANCE WITH THE EL SEGUNDO DOWNTOWN
SPECIFIC PLAN"
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Karl H. Berger, Assista` Attorney
REVIEWED BY:
APPROVED BY: Mark D. Hensley, City A orne
On May 20, 2009, the City Council considered and voted to adopt a resolution establishing
payment procedures for the in -lieu fee payments within the Downtown Specific Plan. Through
inadvertence, the title was incorrectly read into the record. In an abundance of caution, we
recommend that the Resolution be again adopted by the City Council to avoid any ambiguity.
RESOLUTION NO.
A RESOLUTION ESTABLISHING PROCEDURES FOR PAYING
IN -LIEU FEES IN ACCORDANCE WITH THE EL SEGUNDO
DOWNTOWN SPECIFIC PLAN.
BE IT RESOLVED by the Council of the City of El Segundo as follows:
SECTION 1: The City Council finds and declares as follows:
A. This Resolution is adopted in accord with the El Segundo
Downtown Specific Plan ( "DSP ") and the El Segundo Municipal
Code ( ,,SPMC ") for the purpose of establishing criteria to permit
persons to repay in -lieu parking fees over a period of time;
B. In 2003 and 2004, the City Council established an in -lieu parking
fee to allow businesses within the DSP to pay the City a fee rather
than construct new parking;
C. The City Council recognized at that time that the unique
circumstances of the City's downtown, e.g., the number of non-
conforming small lots, makes it difficult for businesses to expand
since the ability to provide adequate parking is limited by available
acerage;
D. Since that time, the City Council became aware that some property
owners were reluctant to pay a lump sum in -lieu fee to the City and
preferred to pay such fee over a period of time. This reluctance,
and the inability to physically construct parking places on or near
businesses within the downtown, prevented businesses from
expanding within the DSP; and
E. This Resolution relies upon the documentary and testimonial
evidence submitted to the City during the public hearing held on
May 20, 2009 in addition to such additional information that may be
in the administrative record.
SECTION 2: Payment Plans — Authorized. Pursuant to the DSP and subject to
this Resolution, the City Council authorizes the City Manager or Planning and
Building Safety Director (collectively, "Administrator") to allow persons seeking to
pay an in -lieu fee to the City over a period of time ( "Payment Plan "). The
Administrator is authorized to promulgate administrative policies and procedures
( "AP &P ") to implement the purpose of this Resolution.
SECTION 3: Payment Plan — Minimum Requirements. Payment Plans
authorized by this Resolution must, at a minimum, meet the following criteria:
A. The term for repayment cannot exceed twenty (20) years from the
date the City issues a final certificate of occupancy for a facility;
B. The debtor must enter into a repayment agreement with the City;
execute a promissory note in favor of the City; execute a deed of
trust in favor of the City to secure the promissory note; if required
by the Administrator, upon recommendation by the City Attorney,
record a covenant against the real property subject to parking
requirements under the DSP; and take such additional action as
may be required by the AP &P. All such documents must be
approved as to form by the City Attorney.
SECTION 4: Exempt under the California Environmental Quality Act. This
Resolution is exempt from review under the California Environmental Quality Act
(Cal. Pub. Res. Code §§ 21000, et seq.; "CEQA ") and CEQA regulations (Cal.
Code Regs. Title 14, §§ 15000, et seq.) because it establishes, structures, and
approves rates and charges to obtain funds for capital projects needed to
maintain service within existing service areas. This Resolution, therefore, is
categorically exempt from further CEQA review under Cal. Code Regs. Title 14, §
15273.
SECTION 5: Effective Date of this Resolution. This Resolution will become
effective immediately upon adoption and remain in effect unless repealed or
superseded.
PASSED AND ADOPTED this day of 12009.
Kelly McDowell,
Mayor
ATTEST:
Cindy Mortesen,
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By:
Karl H. Berger
Assistant City Attorney
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