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2009 MAY 20 - 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, MAY 20, 2009 — 5:00 P.M. Next Resolution # 4599 Next Ordinance # 1429 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. 00 1 SPECIAL ORDER OF BUSINESS: 1. Appointment of Jack Wayt (City Manager), Bob Hyland (Human Resources Director) and Deborah Cullen (Finance Director) to represent the City as labor negotiators of the Supervisory and Professional Employees' Bargaining Unit. CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential andlor existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); andlor conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a) -0- matter 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- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): - 1- matters 1. Represented Group: Supervisory and Professional Employees' Bargaining Unit City's Representatives: Jack Wayt (City Manager), Bob Hyland (Human Resources Director) and Deborah Cullen (Finance Director) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): - 0- matter SPECIAL MATTERS: -1- matter 1. Interview of candidates and potential appointments to the Recreation and Parks Commission, Planning Commission, Senior Housing Board, Library Board of Trustees and the Environmental Committee. [Note: the interviews will commence at approximately 5:30 p.m. and take place in the West Conference Room in City Hall] 2 009 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, MAY 20, 2009 - 7:00 P.M. Next Resolution # 4599 Next Ordinance # 1429 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Pastor Scott Tannehill, El Segundo Foursquare Church PLEDGE OF ALLEGIANCE — Council Member Bill Fisher �- 0 3 PRESENTATIONS a. Proclamation for Sue Carter, Woman of the Year. 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 tune 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. Consideration and possible action (Public Hearing) regarding the introduction and first reading of an Ordinance amending the Downtown Specific Plan regarding temporary and permanent outdoor dining and retail uses, permit fee parking, and establishing a payment program and procedures for making parking in -lieu fee payments within the Downtown Specific Plan area (Fiscal Impact: None) Recommendation — (1) Open Public Hearing; (2) Discussion; (3) Introduce and waive first reading of an Ordinance amending the Downtown Specific Plan; (4) Schedule second reading and adoption of the Ordinance on June 2, 2009; (5) Adopt a resolution authorizing the City Manager to establish payment plans for persons seeking to pay the parking in -lieu fee within the Downtown Specific Plan area; (6) Alternatively, discuss and take other possible action related to this item. C. UNFINISHED BUSINESS 4 C!041 D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 2. Consideration and possible action regarding the announcement of the appointment of candidates of the Recreation and Parks Commission, Planning Commission, Library Board of Trustees, Senior Citizen Housing Corporation Board and Environmental Committee. (Fiscal Impact: None) Recommendation — (1) Announce the appointees to the Recreation and Parks Commission, Planning Commission, Library Board of Trustees, Senior Citizen Housing Corporation Board and Environmental Committee, if any; (2) Alternatively, discuss and take other action related to this item. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 3. Warrant Numbers 2571532 to 2571784 on Register No. 15 in the total amount of $956,912.99 and Wire Transfers from 04/24/09 through 05/07/09 in the total amount of $1,262,957.89. 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 5, 2009. Recommendation — Approval. 5. Consideration and possible action regarding participating in the federal stimulus energy efficiency project grant funding program sponsored by the South Bay Cities Council of Governments by signing a Memorandum of Participation. (Fiscal Impact: None) Recommendation — (1) Authorize the City Manager to execute a Memorandum of Participation in a form approved by the City Attorney with the South Bay City Council of Governments (SBCCOG); (2) Alternatively, discuss and take other action related to this item. i_; 0 .) 6. Consideration and possible action regarding the Adoption of Plans and Specifications and authorization to advertise for bid the construction of the Washington Park Irrigation Improvements and transfer $29,961 in Transportation Development Act (TDA) Grant Funds to this project — Project No. PW 08 -08. (Fiscal Impact: $193,546) Recommendation — (1) Adopt Plans and Specifications; (2) Authorize staff to advertise the project for receipt of construction bids; (3) Transfer Transportation Development Act TDA Grant funds in the amount of $29,961 from account 118- 400- 8203 -8604; (4) Alternatively, discuss and take other action related to this item. 7. Consideration and possible action regarding acceptance of the project to install an Enhanced Vapor Recovery (EVR) system at the fueling station located at the City Maintenance Yard (150 Illinois Street) Project No.: PW 08 -16 (Fiscal Impact: $65,975) Recommendation — (1) Accept the work as complete; (2) Authorize the City Clerk to file a Notice of Completion in the County Recorder's Office; (3) Alternatively, discuss and take other action related to this item. 8. Consideration and possible action regarding adoption of a Resolution of the City Council authorizing the City Manager and Police Chief to apply for, accept and expend grant monies from the U.S. Department of Justice on upgrades for existing online crime reporting system and police facility surveillance video. (Fiscal Impact: $15,119 from Byrne JAG Funds) Recommendation — (1) Adopt Resolution authorizing the City Manager and Police Chief to apply for, accept and expend grant monies from the Department of Justice; (2) Alternatively, discuss and take other action related to this item. 9. Consideration and possible action on the awarding of RFP # 09-07 (Police Uniforms and Accessories) to the two most responsive bidders, and authorize the City Manager to execute three (3) year agreements with a renewal option for each of an additional three (3) year period, for a maximum total contract length of six (6) years. (Fiscal Impact: Included in adopted budget) Recommendation — (1) Award three year contracts to Galls Uniforms and Carmen's Uniforms for use as the police department's primary suppliers of uniforms and accessories; (2) Authorize the City Manager to exercise the renewal option for each contract of an additional three year period if in the City's best interest; (3) Alternatively, discuss and take other action related to this item. 6 UUu 10. Consideration and possible action regarding award of contract to Professional Building Contractors, Inc. for construction related to Group 31 (23 homes) of the City's Residential Sound Insulation Program (RSI 09 -06). (Fiscal impact: $854,071) Recommendation — (1) Reject Bid submitted by S &L Specialty Contracting, Inc.; (2) Waive a minor bid irregularity and award contract to Professional Building Contractors, Inc.; (3) Authorize the City Manager to execute a contract in a form approved by the City Attorney; (4) Alternatively, discuss and take other action related to this item. 11. Consideration and possible action regarding awarding a contract to Professional Building Contractors, Inc. for construction related to Group 34 (23 homes) of the City's Residential Sound Insulation Program (Project No. RSI 09 -04). (Estimated construction costs and retention: $739,710) Recommendation — (1) Reject Bid submitted by S &L Specialty Contracting, Inc.; (2) Award a contract to Professional Building Contractors, Inc. for construction related to Group 34 of the Residential Sound Insulation Program; (3) Authorize the City Manager to execute a contract in a form approved by the City Attorney; (4) Alternatively discuss and take other action related to this item. 12. Consideration and possible action regarding award of contract to Professional Building Contractors, Inc. for construction related to Group 35 (23 homes) of the City's Residential Sound Insulation Program (RSI 09 -08). (Fiscal impact: $699,435) Recommendation — (1) Reject Bid submitted by California Averland Construction, Inc.; (2) Reject Bid submitted by S &L Specialty Contracting, Inc.; (3) Award a contract to Professional Building Contractors, Inc. for construction related to Group 35 of the Residential Sound Insulation Program; (4) Authorize the City Manager to execute a contract in a form approved by the City Attorney; (5) Alternatively discuss and take other action related to this item. 13. Consideration and possible action to approve a maintenance agreement between the City of El Segundo and Thomas Properties Group, Inc. for sanitary sewer, water and storm drain facilities located between Mariposa Avenue, Nash Street, Atwood Way and Douglas Street. (Fiscal Impact: None) Recommendation — (1) Approve the attached Maintenance Agreement in a form as approved by the City Attorney for maintenance of sanitary sewer, water and storm drain facilities located between Mariposa Avenue, Nash Street, Atwood Way and Douglas Street; (2) Authorize the City Manager to execute the Agreement; and (3) Alternatively discuss and take other action related to this item. �Ur CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 14. Consideration and possible action regarding the presentation of fiscal year 2008 -2009 Midyear. Financial Review and approval of fiscal year 2009 -2010 Budget Calendar. (Fiscal Impact: None) Recommendation — (1) Receive and file FY 2008 -2009 Midyear Financial staff report; (2) Direct staff to proceed with Fiscal Year 2009 -2010 Budget Calendar; (3) Alternatively discuss and take other action related to this item. G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY I. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Brann — Council Member Fisher — Council Member Jacobson — Mayor Pro Tern Busch — Mayor McDowell — PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. MEMORIALS - CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et se q.) for the purposes of conferring with the City's Real Property Negotiator; andlor 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: S-- /2 r v TIME: /y-1 oc? NAME: 9 X 0 9 roclamation If QCitp of OIL Oegunbo, California WHEREAS, Switzer Learning Center, located in Torrance, California, was founded in 1966 as a special education school for children challenged with severe learning, social or emotional disabilities, and each year the Switzer Center honors women who make a difference in the lives of individuals, for their company or within their communities. Sue Carter is one of this year's Switzer Learning Center honorees as "South Bay Women of the Year "; and WHEREAS, Sue Carter has been the President of the Friends of the El Segundo Public Library for 19 years. Sue started off her volunteer career at the Library with a bang by initiating a "Funds for Furnishings" campaign to furnish the remodeled facility during our Library Expansion project. Overall Sue acquired $68,000 in donations from large corporate sponsors and private citizens, with the City of El Segundo matching those funds to completer the furnishings. A local History Room, a Chevron USA Literacy Room, an Allied Signal Photo Copy Room and a Matsui International Meeting Room were a few of the rooms she was able to complete with the donations she obtained; and WHEREAS, over the past two years, Sue has brought in large corporate and merchant donations. In corporation with the PTA, and over a 16 year period, Sue has led the Friends to supply over $100,000 in books for the four school libraries, which the public library administers. A large part of that sum was a "Bucks for Books" campaign in which she raised a core collection of 16,000 books for a new Richmond Street Elementary School in 2001; and WHEREAS, Sue started the Friends of the Library Historical Committee in the mid -90's, which has organized and acquired hundreds of archival photos, high school yearbooks and clipping files. In 2007, the committee purchased a $15,000 digital database to scan, preserve and maintain the City's archival materials. The Historical Committee also assists class reunion groups, local businesses in photo selections. She has also headed a project to contribute $4,500 to replace the salt water aquarium in the children's area; and NOW, THEREFORE, on this 20th day of May, 2009, the Mayor and Members of the City Council of the City of El Segundo, California, hereby take great honor in congratulating Sue Carter "South Bay Woman of the Year" and commend her for her dedication in making a difference in our community. MEM- MW I&q �5 EL SEGUNDO CITY COUNCIL MEETING DATE: May 20, 2009 AGENDA STATEMENT AGENDA HEADING: Special Order of Business AGENDA DESCRIPTION: Consideration and possible action (Public Hearing) regarding the introduction and first reading of an Ordinance amending the Downtown Specific Plan regarding temporary and permanent outdoor dining and retail uses, permit fee parking, and establishing a payment program and procedures for making parking in -lieu fee payments within the Downtown Specific Plan area (Fiscal Impact: None). RECOMMENDED COUNCIL ACTION: 1. Open Public Hearing; 2. Discussion; 3. Introduce and waive first reading of an Ordinance amending the Downtown Specific Plan; 4. Schedule second reading and adoption of the Ordinance on June 2, 2009; 5. Adopt a resolution authorizing the City Manager to establish payment plans for persons seeking to pay the parking in -lieu fee within the Downtown Specific Plan area; and/or 6. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Draft Ordinance 2. Draft Resolution 3. Downtown Specific Plan Map 4. Planning Commission Staff Report Dated April 23, 2009 and Attachments 5. Draft Planning Commission Minutes FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: NIA Account Number(s): N/A ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager REVIEWED BY: Greg Carpenter, Planning uilding Safety Director APPROVED BY: Jack Wayt, City Manage BACKGROUND AND DISCUSSION: I. Backeround In 2003, the City Council took several actions to assist property owners within the Downtown Specific Plan ( "DSP ") area meet the City's parking requirements. Specifically, the City Council amended the DSP to give property owners a choice between providing parking spaces or paying a fee in -lieu of parking spaces. The Council it 1 �i took this action recognizing that the DSP area has insufficient parking and because the City's lease of a parking structure ( "Parking Structure ") from 612 Twin Holdings, LLC provided additional parking within the DSP area. An independent study determined that the cost of providing parking spaces in a parking structure was $37,693, and therefore, supported an in -lieu fee amount of $37,693 per parking space. The City Council, however, chose to set the initial fees at $17,500 per space (after reduction to $12,500 per space for a limited time period). Few property owners have opted to pay the in -lieu parking fee since it became available in 2003. Fourteen parking spaces have been sold to date. However, some property owners expressed interest in paying the in -lieu fees over a period of time and/or entering into lease agreements with the City to acquire off -site parking within the Parking Structure. In addition, some property owners expressed interest in leasing parking spaces for limited times to accommodate temporary outdoor uses, such as retail uses and outdoor dining at restaurants. After considering the matter, the Downtown Specific Plan sub- committee determined that approving the proposed Specific Plan Amendment and Zone Text Amendment would help maintain and support businesses within the DSP by authorizing repayment plans for parking in -lieu fees for a period up to 20 years and parking space leasing plans for limited periods of time to be paid on a monthly basis to address parking for temporary uses. Additionally, the subcommittee recommends a Specific Plan and Zone Text Amendment to create standards for temporary and permanent outdoor uses, including retail sales and outdoor dining. The following applications are proposed: 1) Environmental Assessment No. 834 (EA No. 834) — The proposed project is exempt from the provisions of CEQA pursuant to CEQA Guideline § 15273 - Rates, Tolls, Fares, and Charges, § 15305 — Minor Alterations in Land Use Limitations, and § 15311 — Accessory Structures. 2) Specific Plan Amendment No. 09 -01 — A Specific Plan Amendment is required to set terms for permit fee parking, and establish procedures for making parking in -lieu fee payments (See Attachment 1, 2 and 5). 3) Zone Text Amendment No. 09 -01 — A Zone Text Amendment to create standards for temporary and permanent outdoor uses, including retail sales and outdoor dining (See Attachment 1). II. Analysis Project Description The proposed amendment to the DSP has three specific goals: To modify and establish new permitted uses in the DSP. The amendment proposes to allow "Temporary Outdoor Retail Sale Events" and "Temporary "'i ^2 L! 1 i t Outdoor Dining and Outdoor Dining" uses. The DSP currently allows permanent outdoor uses such as dining, gathering areas, newsstands and coffee carts, but it does not specifically allow outdoor temporary retail uses and temporary outdoor dining. This amendment would create temporary permitted uses in all six districts of the DSP. The DSP's Definitions section would be amended to include definitions for "Temporary Outdoor Retail Sale Events" and "Temporary Outdoor Dining and Outdoor Dining" uses. 2. To allow payment of the in -lieu fee for the purchase of parking over a period of time as an alternative to paying the parking in -lieu fee as a single payment up front before initiating the use. The City currently charges a flat fee of $17,500 per space. This amendment to the DSP would allow property owners or businesses to pay the in -lieu fee over a period of time, not to exceed twenty (20) years. 3. To allow the leasing of parking spaces from the City Parking Structure for limited periods of time to accommodate temporary uses or expansions of businesses. The leasing provision would accommodate retail businesses that wish to display their products outdoors on public and private property (including in private parking areas) for the purpose of daily or weekend sales. This provision would also accommodate restaurants that may wish to provide outdoor seating for their patrons, but only for certain times of the year for a limited duration. For example, a restaurant may wish to provide outdoor dining only during the summer months. The intent of all three changes is to make parking more available, flexible and affordable for downtown businesses. Draft procedures for Temporary Outdoor Retail or Dining To aid with the implementation of these amendments to the DSP, City staff will set in place specific procedures for paying the in -lieu fee and leasing parking spaces from the City Parking Structure. A brief description of these procedures is outlined below. For temporary outdoor uses: - The property owner or representative would submit plans and information regarding the use or event. - Staff would review the plans to ensure that all relevant codes (zoning, building, and fire) are adhered to. - The property owner or representative would pay either a one -time in -lieu fee or enter into a lease agreement to pay on a pro -rated basis for a specified period of time. For permanent expansions or outdoor uses: - The property owner or representative would have to apply for and obtain all necessary permits (building, electrical, mechanical, plumbing) as applicable. - The property owner or representative would submit plans and information regarding the use or event. - Staff would review the plans to ensure that they adhered to all relevant codes (zoning, building, and fire). V�� - The property owner or representative would pay either a one -time in -lieu fee or enter into an agreement with the City to pay on a pro -rated basis for a specified period of time up to twenty years. General Plan and Specific Plan Consistency As required under Government Code § 65454 the City Council must find that the proposed amendment of the Downtown Specific Plan is consistent with the City's General Plan. Staff believes that the City Council can make the required findings of approval, which are included in the attached Ordinance (Attachment 1). In summary, the proposed amendment is consistent with the General Plan land use designation for the project area, which is Downtown Specific Plan. In addition, the amendment is consistent with the General Plan Goals, Policies and Objectives in its Land Use and Economic Development Elements. Environmental Review The proposed project 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, and is therefore categorically exempt from further CEQA review under CEQA Regulations § 15273. Further, the proposed project is categorically exempt pursuant to CEQA Regulations § 15305 as a Class 5 categorical exemption (Minor Alterations In Land Use Limitations) and pursuant to CEQA Regulations § 15311 as a Class 11 categorical exemption (Accessory Structures). The proposed project does not result in significant changes in land use or density and only involves the placement and use of permanent and temporary accessory structures, such as fencing, tables, chairs, umbrellas, and mobile sales units. The project is not anticipated to have any significant impacts on traffic, noise, air quality, or water quality. There are adequate utilities and public services to serve the project. Planning Commission Action At its April 23, 2009 meeting, the Planning Commission reviewed the matter, considered the public testimony, and recommended to the City Council the approval of Environmental Assessment No. EA -834, Specific Plan Amendment No. 09 -01, and Zone Text Amendment No. 09 -01. The Commissioners' comments are provided in the attached draft meeting minutes (Attachment 4). III. Recommendation Staff recommends: 1) that the City Council introduce the attached draft Ordinance to amend the Downtown Specific Plan, and 2) that the City Council adopt the draft Resolution approving Environmental Assessment No. EA -834 and Specific Plan Amendment No. 09 -01. Second reading and adoption of the Ordinance would occur on June 2, 2009. PAPIanning- Old\PRO]ECTS\EA 834 \CC 052009\EA834 CC staff report 05062009.doc V 1 Ll 4 ORDINANCE NO. AN ORDINANCE AMENDING THE DOWNTOWN SPECIFIC PLAN REGARDING TEMPORARY AND PERMANENT OUTDOOR USES, PERMIT FEE PARKING AND ESTABLISHING PROCEDURES FOR MAKING PARKING IN -LIEU FEE PAYMENTS. (SPECIFIC PLAN AMENDMENT NO. 09-01 AND ZONE TEXT AMENDMENT NO. 09 -01) The City Council of the city of El Segundo does ordain as follows: SECTION 1: The Council finds and declares as follows: A. On March 30, 2009, the City initiated the process to amend Downtown Specific Plan (DSP) regarding temporary and permanent outdoor uses, use of permit fee parking for temporary uses, and amending the City's existing parking in- lieu fee program. The application was reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC "); B. In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA "), the regulations promulgated thereunder (14 Cal. Code of Regulations § §15000, et seq., the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); C. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for April 23, 2009; D. On April 23, 2009, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Planning Commission by city staff; and, adopted Resolution No. 2654 recommending that the City Council approve the proposed project; E. On May , 2009, the City Council held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided Page 1 of 21v 1 J to the City Council by Planning and Building Safety Department, and adopted Resolution No. approving Environmental Assessment No. 834 for Specific Plan Amendment No. 09 -01; Zone Text Amendment No. 09 -01; and, SECTION 2: Specific Plan Findings. After considering the above facts, the City Council finds as follows: A. The General Plan Land use designation for the project is Downtown Specific Plan. B. The proposed amendment to the Downtown Specific Plan is consistent with the General Plan land use designation for the properties involved. C. The proposed amendment to expand and allow temporary and permanent outdoor uses, use of permit fee parking for temporary uses, and allow payment plans for the existing parking in -lieu fee would further General Plan goals, objectives, and policies to preserve and maintain the City's downtown (Objective LU1 -4), help create an integrated, complimentary, and attractive multi -use downtown (Objective LU 4 -2), and would revitalize and upgrade commercial areas (Policy LU- 4 -2.1) by creating the opportunity for growth in the downtown area. D. This amendment could facilitate additional outdoor retail sales and dining in the DSP area and the construction of additional floor area in the DSP that is already permitted to occur by providing a mechanism for paying a parking in -lieu fee over a period of time. SECTION 3: Approvals. The Council amends the following provisions of the DSP: Chapter VI of the Downtown Specific Plan to read as follows: VI. DEVELOPMENT STANDARDS A. Main Street District — (300 -400 Blocks Main Street) 2. Permitted Uses- Page 2 of 21 �► a. First floor street -front level, with a minimum building depth of 25 feet: Retail sales and services Restaurants iii. Recreational uses iv. Governmental offices V. Banks, not to exceed 500 square feet vi. General offices vii. Medical - dental offices viii. Outdoor retail uses , ,such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review and El Segundo MUniGipal Gede; gFeateF than 200 6qUaFe feet, a'69 ix. Other similar pedestrian oriented retail - service uses and offices approved by the Director of GOMMUnity, EGOn8FROG and Planning and Building Safety, as provided by Section V., Administration b. Above and behind street -front level, and adjacent to alleys: All uses listed above in a. ii. Clubs and halls iii. Schools iv. Theaters V. Banks vi. Other similar uses approved by the Director of ' , Planning and Building Safety, as provided by Section V., Administration 3. Permitted Accessory Uses- a. Any use customarily incidental to a permitted use b. Outdoor storage, subject to conformance with SeGfien 20.12.080EI Segundo Municipal Municipal Code § 15 -2 -8, Screening, -Bede Page 3 of 21 v�� c. Indoor entertainment, dancing, and amplified sound, subject to ompliance with El Segundo Municipal Code Chapter 4 -8, Entertainment Regulations, and Chapter 867 =2, Noise and Vibration Regulations, of the El Segundo MuF;iGipal Ge d. Temporary Outdoor Retail Sales Events e. Temporary Outdoor Dining and Outdoor Dining, subject to design review and compliance with El Segundo Municipal Code § 15 -2 -16, Outdoor Dining Areas d- f.Other similar accessory uses approved by the Director of -CeFAMURity-, Planning and Building Safety, as provided by Section V., Administration 4. Uses Subject to an Administrative Use Permit - (Chapter 20.7215 -22 of the El Segundo Municipal Code) a. On -site sale and consumption of alcohol at restaurants c. Off -site sale of alcohol at retail establishments d. Outdoor retail uses ' , paFty such as newsstands, coffee carts and flower stands, over 200 square feet in area, subject to design review Cede e. Video arcades with three or fewer machines f. Other similar uses approved by the Director of Gemmunity, Planning and Building Safety, as provided by Section V., Administration B. Main Street Transitional District - (100 -200 & 500 Blocks Main Street) 2. Permitted Uses- a. Retail sales and services b. Restaurants c. Recreational uses d. Governmental offices Page 4 of 21 �S e. General offices f. Medical - dental offices g. Clubs and halls h. Schools i. Theaters j. Banks k. Outdoor retail uses inGludiRg diAiRg, paFty ,such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review and GeRfOffnaRGe with Peewit I. Other similar uses approved by the Director of , EGGAMOG and Planning and Building Safety, as provided by Section V., Administration 3. Permitted Accessory Uses- a. Any use customarily incidental to a permitted use b. Outdoor storage, subject to conformance with SeGtien 20.12.080EI Segundo Municipal Municipal Code 4 15 -2 -8, Screening, ef the E' a Cede c. Indoor entertainment, dancing, and amplified sound, subject to ompliance with El Segundo Municipal Code Chapter 4 -8, Entertainment Regulations, and Chapter &067 =2, Noise and Vibration Regulations, d. Temporary Outdoor Retail Sales Events e. Temporary Outdoor Dining and Outdoor Dining, subject to design review and compliance with Section 15 -2 -16, Outdoor Dining Areas, of the El Segundo Municipal Code d:f.Other similar accessory uses approved by the Director of Gemmunity, Planning and Building Safety, as provided by Section V., Administration 4. Uses Subject to an Administrative Use Permit - (Chapter 20.7215 -22 of the El Segundo Municipal Code) Page 5of21 vj� a. On -site sale and consumption of alcohol at restaurants b. Off -site sale of alcohol at retail establishments c. Outdoor retail uses !AGludiRg diRiRg, paFty ,such as newsstands, coffee carts and flower stands, over 200 square feet in area, subject to design review Gede d. Video arcades with three or fewer machines e. Other similar uses approved by the Director of Gemmunity, EG9R9FniG and Planning and Building Safety, as provided by Section V., Administration C. Richmond Street District - (100 -200 Blocks Richmond Street) 2. Permitted Uses- a. Retail sales and services b. Restaurants c. Recreational uses d. Governmental offices e. General Offices f. Medical - dental offices g. Clubs and halls h. Schools i. Theaters j. Banks k. Bed and Breakfast Hotels I. Artist and design studios m. Outdoor retail uses inGluding d ning, paFty ,such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review and GeF;feFFnaRGe With Page 6of21 ��.� n. Other similar uses, approved by the Director of GOFAFAUAity, Development SeWiGes Planning and Building Safety, as provided by Section V., Administration 3. Permitted Accessory Uses- a. Any use customarily incidental to a permitted use b. Outdoor storage, subject to conformance with EI Segundo MUAisipal Municipal Code § 15 -2 -8, Screening, of the El eerie Bede c. Indoor entertainment, dancing, and amplified sound, subject to ompliance with El Segundo Municipal Code Chapter 4 -8, Entertainment Regulations, and Chapter 8.067 =2, Noise and Vibration Regulations, d. Temporary Outdoor Retail Sales Events e. Temporary Outdoor Dining and Outdoor Dining, subject to design review and compliance with El Segundo Municipal Code § 15 -2 -16, Outdoor Dining Areas d- f.Other similar accessory uses approved by the Director of Gemmuni ty; EGenem,G and Development SeFyiGes Planning and Building Safety, as provided by Section V., Administration 4. Uses Subject to an Administrative Use Permit - (Chapter 20.7-215-22 of the El Segundo Municipal Code) a. On -site sale and consumption of alcohol at restaurants b. Off -site sale of alcohol at retail establishments c. Outdoor retail uses OnGluding dining, paFty ,such as newsstands, coffee carts and flower stands, over 200 square feet in area, subject to design review and GORfWmanGe with Gede d. Video arcades with three or fewer machines e. Other similar uses approved by the Director of GGMMURity, Planning and Building Safety, as provided by Section V., Administration Page 7 of 21 D. North Richmond Street District — (300 Block west side Richmond Street) 2. Permitted Uses - a. Retail sales and services b. Restaurants c. Recreational uses d. Governmental offices e. General offices f. Medical - dental offices g. Clubs and halls h. Schools i. Theaters j. Banks k. Bed and Breakfast hotels I. Artists and design studios m. Outdoor retail uses inGluding diAiRg, paFty ,such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review Pe FFn it n. Other similar uses, approved by the Director of , EG9RGM;G and Planning and Building Safety, as provided by Section V., Administration 3. Permitted Accessory Uses - a. Any use customarily incidental to a permitted use b. Outdoor storage, subject to conformance with SeGtieR 20.12.080EI Segundo Municipal Code § 15 -2 -8, Screening, of the El SegUR MURiGipal Gede c. Indoor entertainment, dancing, and amplified sound, subject to ompliance with El Segundo Municipal Code Chapter 4 -8, Entertainment Regulations, and Chapter 8.N7 =2, Page 8 of 21 Noise and Vibration Regulations, of the El Segundo MUROGepal Gede d. Temporary Outdoor Retail Sales Events e. Temporary Outdoor Dining and Outdoor Dining, subject to design review and compliance with El Segundo Municipal Code § 15 -2 -16, Outdoor Dining Areas d-.f.Other similar accessory uses approved by the Director of Gemmun Planning and Building Safety, as provided by Section V., Administration 4. Uses Subject to an Administrative Use Permit - (Chapter 20- 7215 -22 of the El Segundo Municipal Code) a. On -site sale and consumption of alcohol at restaurants b. Off -site sale of alcohol at retail establishments c. Outdoor retail uses ORGluding d ning, paFty ,such as newsstands, coffee carts and flower stands, over 200 square feet in area, subject to design review Gede d. Video arcades with three or fewer machines e. Other similar uses approved by the Director of , EeenemiG and Development SeFviGes Planning and Building Safety, as provided by Section V., Administration E. Grand Avenue District- (300 Block east side Richmond Street - former Ralph's market and adjacent lots) 2. Permitted Uses- a. First floor street -front level and adjacent to pedestrian access ways, including internal access ways, with a minimum building depth of 25 feet: Retail sales and services Restaurants iii. Recreational uses iv. Governmental offices V. Banks, not to exceed 500 square feet Page 9of21 �; vi. General offices vii. Medical - dental offices viii. Bed and breakfast hotel ix. Outdoor retail uses , ,such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review and x. Other similar pedestrian oriented retail - service uses and offices, approved by the Director of GemmuRity, Ere - Planning and Building Safety, as provided by Section V., Administration b. Above and behind street -front level, and adjacent to alleys: All uses listed above in a. Clubs and halls iii. Schools and daycare iv. Theaters V. Banks vi. Other similar uses approved by the Director of—Gen n* Planning and Building Safety, as provided by Section V., Administration 3. Permitted Accessory Uses- a. Any use customarily incidental to a permitted use b. Outdoor storage, subject to conformance with SeGtien 20.12.080EI Segundo Municipal Municipal Code § 15 -2 -8, Screening, -Cede c. Indoor entertainment, dancing, and amplified sound, subject to ompliance with El Segundo Municipal Code Chapter 4 -8, Entertainment Regulations, and Chapter 8.067 =2, Noise and Vibration Regulations, d. Temporary Outdoor Retail Sales Events e. Temporary Outdoor Dining and Outdoor Dining, subject to design review and compliance with El Segundo Municipal Code 4 15 -2 -16, Outdoor Page 10 of 21 �:. Dining Areas d-.f.Other similar accessory uses approved by the Director of GemMuni Planning and Building Safety, as provided by Section V., Administration 4. Uses Subject to an Administrative Use Permit - (Chapter 20.7-215 -22 of the El Segundo Municipal Code) a. On -site sale and consumption of alcohol at restaurants b. Off -site sale of alcohol at retail establishments c. Outdoor retail uses ORGIuding dining, pa0- aFear),such as newsstands, coffee carts and flower stands, over 200 square feet in area, subject to design review SeGfiGR 20.12.190, Guitele-er Dining AFea6, 9f the El Segundo MUROGipal Gede d. Video arcades with three or fewer machines e. Other similar uses approved by the Director of GOMMURity, EGeROMOG and Planning and Building Safety, as provided by Section V., Administration F. West Grand Avenue Transitional District- (North 200 Block of West Grand Avenue between Concord Street and the alley west of Richmond Street) 2. Permitted Uses- a. First floor street -front level, with a minimum building depth of 25 feet: Retail sales and services ii. Restaurants iii. Recreational uses iv. Government offices V. Banks vi. General offices vii. Medical - dental offices viii. Clubs and halls Page 11 of 21 L ix. Theaters X. Schools xi. Outdoor retail uses ORGluding diAiRg, ,such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review and xii. Other similar pedestrian oriented retail - service uses and offices approved by the Director of Planning and Building Safety, as provided by Section V., Administration. b. Above street -front level: All uses listed above in subsection (a). ii. Business tenant/owner- occupied residential units. iii. Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration. 3. Permitted Accessory Uses- a. Any use customarily incidental to a permitted use b. Outdoor storage, subject to compliance with El Segundo Municipal Code § 15 -2 -8, Screening c. Indoor entertainment, dancing, and amplified sound, subject to compliance with El Segundo Municipal Code Chapter 4 -8, Entertainment Regulations, and Chapter 7 -2, Noise and Vibration Regulations d. Temporary Outdoor Retail Sales Events e. Temporary Outdoor Dining and Outdoor Dining, subject to design review and compliance with El Segundo Municipal Code § 15 -2 -16, Outdoor Dining Areas d- f.Other similar accessory uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration 4. Uses Subject to an Administrative Use Permit - (El Segundo Municipal Code Chapter 15 -22) a. On -site sale and consumption of alcohol at restaurants b. Off -site sale of alcohol at retail establishments c. Outdoor retail uses ORGluding dining, Page 12 of 21 U* J paFty ,such as newsstands, coffee carts and flower stands, over 200 square feet in area, subject to design review and GOFApleaRGe with • d. Video arcades with three or fewer machines e. Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration G. West Grand Avenue Transitional District- (South 200 Block of West Grand Avenue between Concord Street and the alley west of Richmond Street) 2. Permitted Uses- a. First floor street -front level, with a minimum building depth of 25 feet: i. Retail sales and services ii. Restaurants iii. Recreational uses iv. Government offices v. General offices vi. Medical - dental offices vii. Outdoor retail uses ORGluding dining, paFty ,such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review and- Gempl+anee viii. Other similar pedestrian oriented retail- service uses and offices approved by the Director of Planning and Building Safety, as provided by Section V., Administration. b. Above street -front level: i. All uses listed above in subsection (a). ii. Business tenant/owner- occupied residential units. iii. Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration. 3. Permitted Accessory Uses- Page 13 of 21 a. Any use customarily incidental to a permitted use b. Outdoor storage, subject to compliance with El Segundo Municipal Code § 15 -2 -8, Screening c. Indoor entertainment, dancing, and amplified sound, subject to compliance with El Segundo Municipal Code Chapter 4 -8, Entertainment Regulations, and Chapter 7 -2, Noise and Vibration Regulations d. Temporary Outdoor Retail Sales Events e. Temporary Outdoor Dining and Outdoor Dining, subject to design review and compliance with El Segundo Municipal Code § 15 -2 -16, Outdoor Dining Areas d.f. Other similar accessory uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration 4. Uses Subject to an Administrative Use Permit - (El Segundo Municipal Code Chapter 15 -22) a. On -site sale and consumption of alcohol at restaurants b. Off -site sale of alcohol at retail establishments c. Outdoor retail uses ' , paFty ,such as newsstands, coffee carts and flower stands, over 200 square feet in area, subject to design review and GemplianGe with d. Video arcades with three or fewer machines e. Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration H. Definitions The following are definitions of uses that are included in the Specific Plan. For definitions not included within this section, refer to Chapter 20- 9815 -1 -6, Definitions, of the El Segundo Municipal Code. 20.08.148. Artist and Design Studios "Artist and design studios" means an establishment that provides work and retail sales and display space for artists, artisans, craftsperson's, and designers. 8 Bank Page 14 of 21 "Bank" means an establishment that provides financial services to individuals, firms and other entities. The term includes savings and loan institutions, loan and lending institutions, credit unions and other uses providing similar financial services. 20.08.i69 Bar "Bar" means an establishment primarily for the on -site sales and consumption of alcoholic beverages, generally without or with limited food service, as defined and licensed by the State of California, Department of Alcohol Beverage Control. Bars include cocktail lounges, nightclubs, taverns, pubs, saloons, and similar uses, but exclude restaurants. 29.08.166 Bed and Breakfast Hotel "Bed and Breakfast Hotel" means an establishment containing 75 or fewer guestrooms, intended or designed to be used for sleeping purposes by guests, and provides breakfast to guests. The use may also contain ancillary services such as meeting rooms, personal services, and food preparation and dispensing. Guest stays shall be limited to 30 consecutive days. One dwelling unit for the use of the proprietor shall be allowed. City Parking Garage "City Parking Garage" means the parking garage located at 121 West Grand Avenue. 20.08 46 Coffee cart "Coffee cart" means a small self- contained outdoor structure for the retail sale of coffee, other beverages, snacks, and similar products. A seating or dining area may also be provided as an accessory use. 20 ^22 Flower stand "Flower stand" means a small self- contained outdoor structure for the retail sale of flowers and related products. 20.98:614 8 Newsstand "Newsstand" means a small self- contained outdoor structure for the retail sales of newspapers, magazines, periodicals, and similar products. Page 15 of 21 ��s 20.086 Offices, Governmental "Offices, governmental" means an establishment maintained and used as a place of business by persons employed by the government including City, County, State, Federal and similar governmental businesses, whose business activity consists primarily of providing services to people. 20.08.688 Retail sales and service "Retail sales and service" means an establishment that provides retail sales, rental, services processing, and repair of new merchandise, primarily intended for consumer or household use. Services provided include those of a personal convenience nature, and the cleaning, repair or sales of related products. 20.08.663 Recreational use "Recreational use" means an establishment providing participant or spectator recreation, amusement, exercise, or entertainment services. 20.08.869 Tattoo parlor "Tattoo parlor" means an establishment where the act or process of indelibly marking or coloring the skin of any person by the insertion of pigment under or in the skin or by the production of scars is conducted. Temporary Outdoor Dining "Temgorary Outdoor Dinina" means outdoor dinin located within the City right of way pursuant to an encroachment permit and /or is required to secure off - site parking or other outdoor dining for which the yroperty does not have the required number of on -site parking spaces. Temporary Outdoor Dining is only allowed in conjunction with a permitted restaurant and is only permitted to utilize Temporary Outdoor Structures/ Facilities. Temporary Outdoor Dining requires a permit and is only allowed for such time period commensurate with the time period that Temporary Use Parking is provided in accordance with Section VII.2.k. of this Specific Plan. Temporary Outdoor Retail Sales Events "Temporary Outdoor Retail Sales Events" means outdoor retail sales events conducted outdoors on the Page 16 of 21 «� :� same premises as, and are consistent in character with an existina retail store use. These events reauire a permit and may be allowed up to a total of 30 days in any twelve month period. Temporary Outdoor Retail Sales Events can only be permitted to utilize Temporary Outdoor Structure /Facilities and must comply with the Temporary Use Parking requirements set forth in Section VII.2.k of this Specific Plan. Temporary Outdoor Structure /Facilities "Temporary Outdoor Structure /Facilities" includes awnings or canopies made of material or wood, tents, shade umbrellas, and similar types of structures that can be constructed and removed within a seven day period. Temporary Outdoor Structure /Facilities also include lighting and heatina improvements that can be constructed and removed within a seven day period. Any applicant for Temporary Outdoor Structure/ Facilities must sign an acknowledgement that the Temporary Outdoor Structure /Facilities can be removed within a seven day period. All Temporary Outdoor Structure /Facilities must meet all zoning, building, fire, health and other applicable codes. Chapter VII of the Downtown Specific Plan to read as follows: VII. PARKING 2. General Provisions- a. No use or building shall be established, erected, enlarged or expanded unless parking facilities are provided and maintained as required by this Section. b. Parking facilities should be designed so that a car within a facility will not have to enter a street to move from one location to any other location within the same facility. c. Bumpers or tire stops a minimum 6 inches in height shall be provided in all parking areas abutting a building, structure, sidewalk, planting area, street or alley. d. All tandem parking spaces, where allowed, shall be clearly outlined on the Page 17 of 21 surface of the parking facility. e. Parking facilities in all Districts shall be designed in such a manner that any vehicle on the property will be able to maneuver as necessary so that it may exit from the property travelling in a forward direction. However, cars may exit onto an alley travelling in a reverse direction. f. Where the application of the following cumulative parking schedules results in a fractional space of .5 or greater, the number of required parking spaces shall be rounded up to the next whole number. g. No vehicular use area, except driveway access to a property, for any residential use shall be located, in whole or in part, in any required front yard or front two- thirds of any required side yard. h. No person, company or organization shall fail to maintain the facilities required to be provided by this Section, or by any applicable provision of prior laws, variance, use permit, or precise plan heretofore or hereafter granted by the Planning Commission or City Council. No required parking shall be utilized in any manner so as to make it unavailable for the occupants, their clients or visitors of a building or use during the hours such building or use is normally occupied except for purposes of utilizing it for Temporary Outdoor Retail Sale Events or Temporary Outdoor Dining in accordance with the requirements of the DSP. This meaning shall not be construed to prohibit security devices. All permanent on -site parking, loading, or other vehicular use area shall be paved with approved concrete or asphaltic concrete. On -site parking areas to be used for no longer than one year shall be surfaced and maintained with an impervious material acceptable to the Director of Gemmun+#y, Planning and Building Safety so as to eliminate dust and mud. All on -site parking areas shall be graded and drained to dispose of all surface water in accordance with the Uniform Building Code. j. Any lights provided to illuminate any parking area shall be arranged so as to direct the light away from any residential dwelling unit. k. Temporary Use Parking. Outdoor Retail Sale Events and Temporary Outdoor Dining are required to provide parking based upon the parking requirements set forth in the DSP during the time period that such use is in operation. To the extent that the Outdoor Retail Sale Events or Temporary Outdoor Dining is located on parking spaces that are otherwise required for other uses located on the property, then in addition to the Temporary Parking spaces required for the Outdoor Retail Events or the Temporary Outdoor Dining the property owner or tenant is required to provide parking spaces to replace the parking spaces that are being utilized for the Outdoor Retail Sale Event or the Temporary Outdoor Page 18 of 21� Dining. Parking requirements for Temporary Outdoor Retail Sale Events and Temporary Outdoor Dining may be fulfilled by providing sufficient on= site parking, parking through an offsite parking covenant, or by obtaining parking space permits for the City Parking Garage, or any combination of these three options. To utilize Temporary Outdoor Dining, the property owner and tenant, if applicable, must execute an acknowledgement to be recorded in the County Recorder's Office that the Temporary Outdoor Retail Sale Event or Temporary Outdoor Dining use will cease if at any time the parking requirements are not met, including in the event that parking space permits expire and are not re- issued for the City Parking Garage. Chapter VII, Section 3, subsection c. of the Downtown Specific Plan to read as follows: "c. Parking Reductions: i) Parking Demand Study. The Director of Gemmunity, FmeenemiG and Development SeFYOGeg Planning and Building Safety may modify the required number of parking spaces or approve joint use or off- site parking, for fewer than 10 spaces, based on the submittal of a parking demand study. Reductions of 10 or more spaces require Planning Commission approval. Additionally, for any use for which the number of parking spaces is not listed, the Director of Planning and Building Safety or Planning Commission will specify the required number of spaces based on a parking demand study. A parking demand study must include, without limitation, information specifying the number of employees, customers, visitors, clients, residents and owner - occupancy of residence and business (for existing legal non - conforming residential uses), shifts, deliveries, parking spaces, or other criteria established by the Director of Planning and Building Safety. The study may also include the use of valet or attendant parking. ii). Parking In -Lieu Fees a. The number of parking spaces required by this chapter due to the addition of floor area to an existing building or the construction of a new building may be reduced by the payment of a parking in -lieu fee to be established bysetby4k►e City Council resolution from time to time. b. Any residential unit constructed after the adoption of this program, which is subsequently converted to a non - residential use is required to provide parking as required by this chapter for such use Page 19 of 21 or pay a parking in -lieu fee for the floor area converted to the non- residential use. C. Except as otherwise provided, theme parking in -lieu fee must be paid before the City issues +ssuaese -e-a Certificate of Occupancy. Funds collected by the City from such payment wiUmust be deposited in a special fund and used only by the City to acquire and or develop additional parking and related facilities which are determined by the City Council to be necessary to serve the downtown. Funds paid to the City for in -lieu parking are non- refundable. d. For good cause shown, as reasonably determined by the Director of Planning and Building Safety using objective criteria established by City Council resolution, the parking in -lieu fee may be paid over a period of time not to exceed twenty (20) years from the date the City issues a final Certificate of Occupancy. The obligation to pay such in -lieu fee must be secured with appropriate sureties identified by City Council resolution (including, without limitation, a restrictive covenant recorded against real property) and approved as to form by the City Attorney. el e. Parking provided by the City will be developed within or adjacent to boundaries of the Downtown Specific Plan. Payment of a parking in -lieu fee does not provide or vest any property owner with a special right, privilege or interest of any kind in any parking facility that may result from the payment of the fee. There is no guarantee that the City will build parking at any particular time or that it will build parking in a location that will be of advantage to the property owner paying the fee." SECTION 4: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 5: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. Page 20 of 21 J SECTION 6: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this day of May, 2009. Kelly McDowell, Mayor APPROVED AS TO FORM: 0 Mark D. Hensley, City Attorney ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of May 2009, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of May, 2009, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk P: \Planning & Building Safety \0 Planning - Old \PROJECTS (Planning) \826 - 850 \EA 834 \Council Docs \EA 834 DSP Amend Ord 04212009 Page 21 of 21 c� 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 accordance 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 acreage; 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; E. This Resolution relies upon the documentary and testimonial evidence submitted to the City during the public hearing held on , 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 designee (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: I.�JJ 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 CEQA Regulations § 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 , 2009. ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney By: Karl H. Berger Assistant City Attorney Kelly McDowell, Mayor 2 - - Cl) - - Z O Z O U cr F- U) Z_ Q ii>T7T u ■c■s usssc■■c■ ■ i sn ■■■■■ ■ea■l■e ■e MEIN ■■ IM111, aee ■■ee ■s ■■ : . . 8 � Downtown Specific Plan Districts WEST GRAND AVE TRANSITION DISTRICT (WGATD) ® GRAND AVE DISTRICT (GAD) MAIN ST DISTRICT (MSD) MAIN ST TRANSITIONAL DISTRICT (MSTD) ® NORTH RICHMOND ST DISTRICT (NRSD) W EL ® RICHMOND ST DISTRICT (RSD) C , DOWNTOWN SPECIFIC PLAN (DSP) ■ ■ ■ReR cc - - -- O if ■ ■i■ O Z O U cr F- U) Z_ Q ii>T7T u ■c■s usssc■■c■ ■ i sn ■■■■■ ■ea■l■e ■e MEIN ■■ IM111, aee ■■ee ■s ■■ : . . 8 � Downtown Specific Plan Districts WEST GRAND AVE TRANSITION DISTRICT (WGATD) ® GRAND AVE DISTRICT (GAD) MAIN ST DISTRICT (MSD) MAIN ST TRANSITIONAL DISTRICT (MSTD) ® NORTH RICHMOND ST DISTRICT (NRSD) W EL ® RICHMOND ST DISTRICT (RSD) C , DOWNTOWN SPECIFIC PLAN (DSP) ■ ■ ■ReR if ■ ■i■ ■ei■e■ ■eue■ ■■■■e■, ■e■se■ s• s DOWNTOWN SPECIFIC PLAN DISTRICTS City of El Segundo Q . 0 U) CL J Q U W CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC HEARING: April 23, 2009 SUBJECT: Environmental Assessment (EA) No. 834, Specific Plan Amendment No. 09 -01 and Zone Text Amendment No. 09 -01 APPLICANT: PROPERTY OWNER: City of El Segundo Various REQUEST: Environmental Assessment, Specific Plan Amendment, and Zone Text Amendment to create standards for temporary and permanent outdoor uses, including retail sales and outdoor dining, terms for permit fee parking, and to establish procedures for making parking in -lieu fee payments. PROPERTY INVOLVED: All properties within the Downtown Specific Plan I. Introduction In 2003, the City Council took several actions to assist property owners within the Downtown Specific Plan ( "DSP ") area meet the City's parking requirements. Specifically, the City Council amended the DSP to give property owners a choice between providing parking spaces or paying a fee in -lieu of parking spaces. The Council took this action recognizing that the DSP area has insufficient parking and because the City's lease of a parking structure ( "Parking Structure ") from 612 Twin Holdings, LLC provided additional parking within the DSP area. An independent study determined that the cost of providing parking spaces in a parking structure was $37,693, and therefore, supported an in -lieu fee amount of $37,693 per parking space. The City Council, however, chose to set the initial fees at $17,500 per space (after reduction to $12,500 per space for a limited time period). Few property owners have opted to pay the in -lieu parking fee since it became available in 2003. Fourteen parking spaces have been sold to date. However, some property owners expressed interest in paying the in -lieu fees over a period of time and /or entering into lease agreements with the City to acquire off -site parking within the Parking Structure. In addition, some property owners expressed interest in leasing parking spaces for limited times to accommodate temporary outdoor uses, such as retail uses and outdoor dining at restaurants. After considering the matter for several months, the Downtown Specific Plan sub- committee determined approving the proposed Specific Plan Amendment and Zone Text Amendment would help maintain and support businesses within the DSP by authorizing repayment plans for parking in -lieu fees for a period up to 20 years and parking space leasing plans for limited periods of time to be paid on a monthly basis. Protect Description The following applications are proposed: 1) Environmental Assessment No. 834 (EA No. 834) — The proposed project is exempt from the provisions of CEQA pursuant to CEQA Guideline § 15273 - Rates, Tolls, Fares, and Charges, § 15305 — Minor Alterations in Land Use Limitations, and § 15311 — Accessory Structures (See Exhibit A). 2) Specific Plan Amendment No. 09 -01 — A Specific Plan Amendment is required to set terms for permit fee parking, and establish procedures for making parking in- lieu fee payments. 3) Zone Text Amendment No. 09 -01 — A Zone Text Amendment to create standards for temporary and permanent outdoor uses, including retail sales and outdoor dining (See Exhibit B). II. Recommendation Staff recommends that the Planning Commission consider the facts in this report and public testimony, conduct a public hearing, and adopt Resolution No. 2654, recommending City Council approval of Environmental Assessment No. 834, Specific Plan Amendment No. 09 -01, and Zone Text Amendment No. 09 -01, with conditions. III. Background The proposed project amends the Downtown Specific Plan (DSP) Chapter VI, Development Standards involving all six Districts of the Downtown Specific Plan. The Downtown Specific Plan area encompasses the properties located on the 100 through 500 blocks of Main Street, the 100 through 200 blocks of Richmond Street, the west side of the 300 block of Richmond Street, a portion of the east side of the 300 block of Richmond Street, the lots fronting the 100 and 200 blocks of West Grand Avenue from Concord Street to Main Street, and a portion of the 100 block of East Grand Avenue from Main Street to the alley west of Standard Street. The Downtown Specific Plan (DSP) was adopted on August 1, 2000. The vision and philosophy for the Specific Plan included making the downtown area a focus point for the community, providing a good balance of uses, serving the residents, local employees and visitors, maintaining and enhancing its pedestrian friendly environment and its "village" character. 2 IV. Analysis Project Description The proposed amendment to the DSP has three specific goals: To modify and establish new permitted uses in the DSP. The amendment proposes "Temporary Outdoor Retail Sale Events" and "Temporary Outdoor Dining and Outdoor Dining" uses. The DSP currently allows permanent outdoor uses such as dining, gathering areas, newsstands and coffee carts, but it does not specifically allow outdoor temporary retail uses and temporary outdoor dining. This amendment would create temporary permitted uses in all six districts of the DSP. The DSP's Definitions section would be amended to include definitions for "Temporary Outdoor Retail Sale Events" and "Temporary Outdoor Dining and Outdoor Dining" uses. 2. To allow payment of the in -lieu fee for the purchase of parking over a period of time as an alternative in addition to paying the parking in lieu fee as a single payment up front before initiating the use. The City currently charges a flat fee of $17,500 per space. This amendment to the DSP would allow property owners or businesses to pay the in -lieu fee over a period of time, not to exceed twenty (20) years. 3. To allow the leasing of parking spaces from the City Parking Structure for limited periods of time to accommodate temporary uses or expansions of businesses. This leasing provision would accommodate retail businesses that wish to display their products outdoors on public and private property (including in private parking areas) for the purpose of daily or weekend sales. The leasing provision would also accommodate restaurants that may wish to provide outdoor seating for their patrons, but only for certain times of the year for a limited duration. For example, a restaurant could provide outdoor dining only during the summer months. The intent of all three changes is to make parking more available, flexible and affordable for downtown businesses. Draft procedures for Temporary Outdoor retail or dining To aid with the implementation of these amendments to the DSP, City staff will set in place specific procedures for paying the in -lieu fee and leasing parking spaces from the City Parking Structure. A brief description of these procedures is outlined below. For temporary outdoor uses: - The property owner or representative would have to apply for a Temporary Use Permit and obtain any other necessary permits (building, electrical, mechanical, and plumbing) as applicable. The property owner or representative would have to submit detailed plans as part of the permit review process. 3 �4U Staff would review the plans to ensure that all relevant codes (zoning, building, and fire) are adhered to. The property owner or representative would pay either a one -time in -lieu fee or enter into a lease agreement to pay on a pro -rated basis for a specified period of time. For permanent expansions or outdoor uses: - The property owner or representative would have to apply for and obtain all necessary permits (building, electrical, mechanical, plumbing) as applicable. - The property owner or representative would have to submit detailed plans as part of the permit review process. - Staff would review the plans to ensure that they adhered to all relevant codes (zoning, building, and fire). - The property owner or representative would pay either a one -time in -lieu fee or enter into an agreement with the City to pay on a pro -rated basis for a specified period of time up to twenty years. General Plan Consistency The General Plan land use designation for the project area is Downtown Specific Plan. This designation permits community serving retail and service uses, and offices in a pedestrian- oriented environment. The proposed amendment is consistent with this designation in that it proposes to assist community serving retail and service uses and offices maintain and expand their businesses. In addition, the amendment is consistent with the General Plan's Goals, Policies and Objectives which are discussed below. Specific Plan Consistency The proposed amendment is consistent with the vision statement of the Downtown Specific Plan, which states that the "Downtown is the heart of El Segundo. It is the focal point for the community and one of the cohesive elements that ties the community together..." The proposed amendment is consistent with this vision in that it helps local businesses by allowing temporary uses and expansions of these businesses, by providing adequate parking for those businesses, and by giving business owners flexibility in leasing or purchasing parking spaces. The proposed amendment to allow temporary uses would also promote more pedestrian- oriented activity in the Downtown. The amendment, which will result in increased availability of parking spaces for businesses, is also consistent with the parking section of the Specific Plan, the purpose of which is to provide for adequate parking standards, to assure the availability of parking spaces, and to mitigate potential on- street parking and traffic circulation problems. Findings of Fact ESMC § 15 -26 -4 requires the Planning Commission to make findings before recommending approval of a Specific Plan Amendment or a Zone Text Amendment. 4f The findings must include the facts and reasons which, in the opinion of the Planning Commission, make the approval of the amendment necessary. Staff believes that the findings can be made and has included them in the draft Resolution (See Exhibit A). General Plan and Specific Plan Findings As required under Government Code § 65454 the Planning Commission and City Council must find that the proposed amendment of the Downtown Specific Plan is consistent with the City's General Plan. Staff believes that the findings can be made and they are summarized below. The findings are listed in detail in the draft Resolution (Exhibit A). The amendment to the Downtown Specific Plan is consistent with several General Plan Element Goals, Objectives and Policies related to Land Use and Economic Development. The amendment would help preserve the Downtown area's village character and its role as a community focal point. It would also help ensure the economic viability and stability of local businesses by making parking more available and affordable. VI. Environmental Review The proposed project 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, and is therefore categorically exempt from further CEQA review under CEQA Regulations § 15273. Further, the proposed project is categorically exempt pursuant to CEQA Regulations § 15305 as a Class 5 categorical exemption (Minor Alterations In Land Use Limitations) and pursuant to CEQA Regulations § 15311 as a Class 11 categorical exemption (Accessory Structures). The proposed project does not result in significant changes in land use or density and only involves the placement and use of permanent and temporary accessory structures, such as fencing, tables, chairs, umbrellas, and mobile sales units. The project is not anticipated to have any significant impacts on traffic, noise, air quality, or water quality. There are adequate utilities and public services to serve the project. VIII. Conclusion Planning staff believes that the proposed Specific Plan Amendment and Zone Text Amendment would help maintain and expand businesses within the DSP. Therefore, Planning staff recommends that the Planning Commission adopt Resolution No. 2654 recommending City Council approval of Environmental Assessment No. 834, Specific Plan Amendment No. 09 -01, and Zone Text Amendment No. 09 -01 since the required findings for support can been made. I :' _S IX. Exhibits A. Draft Planning Commission Resolution No. 2654 and attachments (Draft City Council Ordinance and Draft City Council Resolution) B. Map of the Downtown Specific Plan Prepared by: Paul Samaras, Principal Planner Kimberly C stensen, AICP, Planning Manager Planning and Building Safety Department Greg rpegfer, Director Pla Ing and Building Safety Department PAPlanning & Building Safety\0 Planning - Old\PROJECTS (Plan ning) \826 - 850 \EA 834 \EA -834 PC report 04152009 i . 1 ,� U �0 6 RESOLUTION NO. 2654 A RESOLUTION RECOMMENDING CITY COUNCIL APPROVAL OF ENVIRONMENTAL ASSESSMENT NO. EA -834, SPECIFIC PLAN AMENDMENT NO. 09 -01, AND ZONE TEXT AMENDMENT NO. 09 -01 TO CREATE STANDARDS FOR TEMPORARY AND PERMANENT OUTDOOR USES, INCLUDING RETAIL SALES AND OUTDOOR DINING, TERMS FOR PERMIT FEE PARKING, AND ESTABLISH PROCEDURES FOR MAKING PARKING IN -LIEU FEE PAYMENTS. The Planning Commission of the City of El Segundo does resolve as follows: SECTION 1: The Planning Commission finds and declares that: A. On March 30, 2009, the City initiated the process to amend Downtown Specific Plan (DSP) regarding temporary and permanent outdoor uses, use of permit fee parking for temporary uses, and amending the City's existing parking in -lieu fee program. The application was reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC "); B. In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA "), the regulations promulgated thereunder (14 Cal. Code of Regulations § §15000, et seq., the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); C. The application was reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC "); D. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for April 23, 2009; E. On April 23, 2009 the Commission held a public hearing to receive public testimony and other evidence regarding the applications including, without limitation, information provided to the Commission by City staff, and public testimony; and, F. This Resolution, and its findings, are made based upon the evidence presented to the Commission at its April 23, 2009 hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department. Page 1 of 6 �� SECTION 2: Factual Findings and Conclusions. The Commission finds that the following facts exist: A. Affected properties are located within the boundaries of the Downtown Specific Plan (DSP) area. The Downtown Specific Plan area encompasses the properties located on the 100 through 500 blocks of Main Street, the 100 through 200 blocks of Richmond Street, the west side of the 300 block of Richmond Street, a portion of the east side of the 300 block of Richmond Street, the lots fronting the 100 and 200 blocks of West Grand Avenue from Concord Street to Main Street, and a portion of the 100 block of East Grand Avenue from Main Street to the alley west of Standard Street. B. The General Plan Land Use designation for this area is Downtown Specific Plan. C. The Downtown Specific Plan includes the following Districts: Main Street District, Main Street Transitional District, North Richmond Street District, Richmond Street District, Grand Avenue District, and West Grand Avenue Transitional District. D. The land uses permitted in the Downtown Specific Plan include a variety of commercial uses, residential uses above the first floor, and recreational uses. E. Surrounding land uses in the area generally consist of multi - family residential dwellings to the north, the west and to the east; offices and industrial uses to the east, and industrial uses to the south. The surrounding area is a fully developed urban environment. F. The proposed amendment to the Downtown Specific Plan (DSP) would amend the Downtown Specific Plan (DSP) Chapter VI - Development Standards and Chapter VII - Parking involving all six Districts of the Downtown Specific Plan. The amendment would add temporary and permanent outdoor uses, including retail sales and outdoor dining, and would create methods for paying parking in -lieu fees. G. Downtown Specific Plan (DSP) Chapter I, Section D — Downtown Philosophy and Concept aims to maintain and enhance the pedestrian friendly environment, to maintain and enhance the "village" character, and to enhance the "Gaslamp" (San Diego) character of the downtown area. The amendment would add more outdoor uses and parking to the downtown area, both of which are critical to maintaining a pedestrian friendly environment and a "village" / "Gaslamp" character. Page 2 of 6 Ul 4 5 SECTION 3: General Plan and Specific Plan Findings. As required under Government Code § 65454 the proposed amendment of the Downtown Specific Plan is consistent with the City's General Plan as follows: A. The El Segundo General Plan land use designation is Downtown Specific Plan. This designation permits community serving retail and service uses, and offices in a pedestrian- oriented environment. B. The amendment to the Downtown Specific Plan is consistent with several General Plan Element Goals, Objectives and Policies related to Land Use and Economic Development. Specifically, it is consistent with Land Use Element Goal LU1 and Objective LU1 -4, in that the amendment will help preserve and maintain the City's Downtown as integral to the City's appearance and function. C. The amendment is also consistent with Land Use Element Goal LU4, Objective LU4 -2, Policy LU 4 -2.1, Policy LU4 -2.4, and Policy LU4 -2.5, in that the amendment will help maintain a stable tax base for the City and maintain the Downtown as a focal point for the community. The amendment will accomplish this by providing adequate parking for businesses in the Downtown area. D. The amendment is also consistent with Economic Development Element Goal ED3, Objective ED3 -1, Policy ED3 -1.2, Policy ED3 -1.4, and policy ED3 -1.5 in that the amended Downtown Specific Plan will help preserve and improve the business environment and image of Downtown El Segundo; it will help preserve an economically viable and stable Downtown area that uniquely contributes to the City's commercial options; it will augment the area's atmosphere and accessibility by helping to address its parking issues; and encourage a mix of retail and commercial businesses that stimulate pedestrian traffic and meet the communities changing needs for goods and services. E. The amendment is consistent with the philosophy and concept of the Downtown Specific Plan (DSP), in that the increased availability and affordability of parking will allow more outdoor uses such as "Temporary Outdoor Retail Sale Events" and `Temporary Outdoor Dining and Outdoor Dining," which are critical to maintaining and enhancing the pedestrian friendly and "village " / "Gaslamp" character of the Downtown area. SECTION 4: Zone Text Amendment Findings. Based on the factual findings of this Resolution, the proposed Zone Text Amendment is necessary to carry out the proposed project in order to amend the Downtown Specific Plan (DSP) Chapter VI - Development Standards and Chapter VII - Parking involving all six Districts of the Downtown Specific Plan. The amendment would add temporary and permanent outdoor uses, including retail sales and outdoor dining, and would create methods for paying parking in -lieu fees. In addition, pursuant to ESMC §15- 26 -4(b), the amendment is consistent with and Page 3 of 6 , necessary to carry out the purpose of the Zoning Code, which was established to serve the public health, safety, and general welfare and to provide the economic and social advantages resulting from an orderly planned use of land resources. The amendment is necessary, because it will increase the availability and affordability of parking, resulting in a more orderly development of the downtown area. The amendment will allow more outdoor retail sale and dining uses, which are essential to the economic and social viability of downtown businesses. SECTION 5: Environmental Assessment. Because of the facts set fort in Section 2, the proposed project 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, and is therefore categorically exempt from further CEQA review under CEQA Regulations § 15273. Further, the proposed project is categorically exempt from the requirements of the CEQA pursuant to CEQA Regulations § 15305 as a Class 5 categorical exemption (Minor Alterations In Land Use Limitations) and pursuant to CEQA Regulations § 15311 as a Class 11 categorical exemption (Accessory Structures). The proposed project does not result in significant changes in land use or density and only involves the placement and use of permanent and temporary accessory structures, such as fencing, tables, chairs, umbrellas, and mobile sales units. The project is not anticipated to have any significant impacts on traffic, noise, air quality, or water quality. There are adequate utilities and public services to serve the project. SECTION 6: Recommendations. The Planning Commission makes the following recommendations: A. The City Council should approve Environmental Assessment No. EA -834, Specific Plan Amendment No. 09 -01, and Zone Text Amendment No. 09- 01. B. The City Council should amend Chapters VI and VII, of the Downtown Specific Plan in the manner set forth in attached Exhibit "A" and incorporated into this resolution by reference. C. The City Council should adopt a Resolution establishing procedures for paying in -lieu fees in accordance with the El Segundo Downtown Specific Plan in the manner set forth in attached Exhibit "B" and incorporated into this resolution by reference. SECTION 7: 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 project. The findings and determinations constitute the independent findings and determinations of the Planning Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole. Page 4 of 6 �' �� SECTION 8: Limitations. The Planning Commission's analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the Planning Commission's knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework. SECTION 9: 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 particular finding, is not based in part on that fact. SECTION 10: This Resolution will remain effective unless superseded by a subsequent resolution. SECTION 11: The Commission Secretary is directed to mail a copy of this Resolution to any person requesting a copy. SECTION 12: 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. Page 5 of 6 1' SECTION 13: Except as provided in Section 12, this Resolution is the Planning Commission's final decision and will become effective immediately upon adoption. PASSED, APPROVED AND ADOPTED this 23`d day of April, 2009. ATTEST: Greg Carpenter, Secretary APPROVED AS TO FORM: Mark D. Hensley, City Attorney By: David Wagner, Chairperson City of El Segundo Planning Commission Karl H. Berger, Assistant City Attorney Wagner - Fellhauer - Baldino - Fuentes - Newman - PAPlanning & Building Safety \0 Planning - Old\PROJECTS (Planning) \826 - 850 \EA 834 \EA -834 PC Reso 04152009.doc Page 6 of 6 i_ 4 PLANNING COMMISSION RESOLUTION NO. 2654 EXHIBIT "A" ORDINANCE NO. AN ORDINANCE AMENDING THE DOWNTOWN SPECIFIC PLAN REGARDING TEMPORARY AND PERMANENT OUTDOOR USES, PERMIT FEE PARKING AND ESTABLISHING PROCEDURES FOR MAKING PARKING IN -LIEU FEE PAYMENTS. (SPECIFIC PLAN AMENDMENT NO. 09-01 AND ZONE TEXT AMENDMENT NO. 09-01) The City Council of the city of El Segundo does ordain as follows: SECTION 1: The Council finds and declares as follows: A. On March 30, 2009, the City initiated the process to amend Downtown Specific Plan (DSP) regarding temporary and permanent outdoor uses, use of permit fee parking for temporary uses, and amending the City's existing parking in- lieu fee program. The application was reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC "); B. In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA "), the regulations promulgated thereunder (14 Cal. Code of Regulations § §15000, et seq., the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); C. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for April 23, 2009; D. On April 23, 2009, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Planning Commission by city staff; and, adopted Resolution No. 2654 recommending that the City Council approve the proposed project; Page 1 of 21 �; ;� E. On May , 2009, the City Council held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the City Council by Planning and Building Safety Department, and adopted Resolution No. approving Environmental Assessment No. 834 for Specific Plan Amendment No. 09 -01; Zone Text Amendment No. 09 -01; and, SECTION 2: Specific Plan Findings. After considering the above facts, the City Council finds as follows: A. The General Plan Land use designation for the project is Downtown Specific Plan. B. The proposed amendment to the Downtown Specific Plan is consistent with the General Plan land use designation for the properties involved. C. The proposed amendment to expand and allow temporary and permanent outdoor uses, use of permit fee parking for temporary uses, and allow payment plans for the existing parking in -lieu fee would further General Plan goals, objectives, and policies to preserve and maintain the City's downtown (Objective LU 1 -4), help create an integrated, complimentary, and attractive multi -use downtown (Objective LU 4 -2), and would revitalize and upgrade commercial areas (Policy LU- 4 -2.1) by creating the opportunity for growth in the downtown area. D. This amendment could facilitate additional outdoor retail sales and dining in the DSP area and the construction of additional floor area in the DSP that is already permitted to occur by providing a mechanism for paying a parking in -lieu fee over a period of time. SECTION 3: Approvals. The Council amends the following provisions of the DSP: A. Main Street District — (300 -400 Blocks Main Street) 2. Permitted Uses- a. First floor street -front level, with a minimum building depth of 25 feet: Page 2of21 L.J� Retail sales and services Restaurants iii. Recreational uses iv. Governmental offices V. Banks, not to exceed 500 square feet vi. General offices vii. Medical - dental offices viii. Outdoor retail uses , ,such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review aped Fil Segunde MURiGipal Cede; gFeateF than 200 squaFe feet, also ix. Other similar pedestrian oriented retail - service uses and offices approved by the Director of Community, Development SeWiGeG Planning and Building Safety, as provided by Section V., Administration b. Above and behind street -front level, and adjacent to alleys: All uses listed above in a. Clubs and halls iii. Schools iv. Theaters V. Banks vi. Other similar uses approved by the Director ofd* Planning and Building Safety, as provided by Section V., Administration 3. Permitted Accessory Uses- a. Any use customarily incidental to a permitted use b. Outdoor storage, subject to conformance with SeGti9R 20.12.080EI Segundo MURisipal Municipal Code � 15 -2 -8, Screening, -Cede c. Indoor entertainment, dancing, and amplified sound, subject to ompliance with El Segundo Municipal Page 3 of 21 i ;� Code Chapter 4 -8, Entertainment Regulations, and Chapter 8.067 =2, Noise and Vibration Regulations, d. Temporary Outdoor Retail Sales Events e. Temporary Outdoor Dining and Outdoor Dining, subject to design review and compliance with El Segundo Municipal Code § 15 -2 -16, Outdoor Dining Areas d- f.Other similar accessory uses approved by the Director of Ge y-, Planning and Building Safety, as provided by Section V., Administration 4. Uses Subject to an Administrative Use Permit - (Chapter 20.7- 215 -22 of the El Segundo Municipal Code) a. On -site sale and consumption of alcohol at restaurants c. Off -site sale of alcohol at retail establishments d. Outdoor retail uses inGluding dining, paFty such as newsstands, coffee carts and flower stands, over 200 square feet in area, subject to design review and GenfeFmaRGe with Gede e. Video arcades with three or fewer machines f. Other similar uses approved by the Director of GemmuRity, Planning and Building Safety, as provided by Section V., Administration B. Main Street Transitional District - (100 -200 & 500 Blocks Main Street) 2. Permitted Uses- a. Retail sales and services b. Restaurants c. Recreational uses d. Governmental offices e. General offices Page 4 of 21 �� f. Medical - dental offices g. Clubs and halls h. Schools i. Theaters j. Banks k. Outdoor retail uses ' , paFty ,such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review PeFfflit I. Other similar uses approved by the Director of Gemmunity, F=GenemiG and Planning and Building Safety, as provided by Section V., Administration 3. Permitted Accessory Uses - a. Any use customarily incidental to a permitted use b. Outdoor storage, subject to conformance with SeGtien 20.12.080EI Segundo Municipal Code $ 15 -2 -8, Screening, ef the El S 19 Meeisipaf -6ede c. Indoor entertainment, dancing, and amplified sound, subject to ompliance with El Segundo Municipal Code Chapter 4 -8, Entertainment Regulations, and Chapter 8.067 =2, Noise and Vibration Regulations, d. Temporary Outdoor Retail Sales Events e. Temporary Outdoor Dining and Outdoor Dining, subject to design review and compliance with Section 15 -2 -16, Outdoor Dining Areas, of the El Segundo Municipal Code d- f.Other similar accessory uses approved by the Director ofGemmunity, EG9AeFniG and Development SeFviGes Planning and Building Safety, as provided by Section V., Administration 4. Uses Subject to an Administrative Use Permit - (Chapter X7,215 -22 of the El Segundo Municipal Code) a. On -site sale and consumption of alcohol at restaurants Page 5 of 21 b. Off -site sale of alcohol at retail establishments c. Outdoor retail uses inGluding d ning, paFty ,such as newsstands, coffee carts and flower stands, over 200 square feet in area, subject to design review and GOW9FmanGe with Cede d. Video arcades with three or fewer machines e. Other similar uses approved by the Director of Gemmunity, Planning and Building Safety, as provided by Section V., Administration C. Richmond Street District - (100 -200 Blocks Richmond Street) 2. Permitted Uses- a. Retail sales and services b. Restaurants c. Recreational uses d. Governmental offices e. General Offices f. Medical - dental offices g. Clubs and halls h. Schools i. Theaters j. Banks k. Bed and Breakfast Hotels I. Artist and design studios m. Outdoor retail uses ' , paFty ,such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review and GenfeananGe with SeGtoen 20.12.190, OutdeE)F Dining AFea6, of the El Segundo Muneeipal PeFmot Page 6 of 21 J J n. Other similar uses, approved by the Director of Gemmunity, EGGR9FAiG and Planning and Building Safety, as provided by Section V., Administration 3. Permitted Accessory Uses - a. Any use customarily incidental to a permitted use b. Outdoor storage, subject to conformance with SeGtien 20.12.080EI Segundo Municipal Code § 15 -2 -8, Screening, — of the El 9 MURisipal -Cede c. Indoor entertainment, dancing, and amplified sound, subject to ompliance with El Segundo Municipal Code Chapter 4 -8, Entertainment Regulations, and Chapter 8- 067 =2, Noise and Vibration Regulations, d. Temporary Outdoor Retail Sales Events e. Temporary Outdoor Dining and Outdoor Dining, subject to design review and compliance with El Segundo Municipal Code 4 15 -2 -16, Outdoor Dining Areas 4J.Other similar accessory uses approved by the Director often Planning and Building Safety, as provided by Section V., Administration 4. Uses Subject to an Administrative Use Permit - (Chapter 20. 7215 -22 of the El Segundo Municipal Code) a. On -site sale and consumption of alcohol at restaurants b. Off -site sale of alcohol at retail establishments c. Outdoor retail uses iAGIuding diRiRg, paFty ,such as newsstands, coffee carts and flower stands, over 200 square feet in area, subject to design review Cede d. Video arcades with three or fewer machines e. Other similar uses approved by the Director of Gemmunity, EGeAeFniG and Development SeWiGes Planning and Building Safety, as provided by Section V., Administration D. North Richmond Street District — (300 Block west side Richmond Street) J Page 7 of 21 2. Permitted Uses- a. Retail sales and services b. Restaurants c. Recreational uses d. Governmental offices e. General offices f. Medical - dental offices g. Clubs and halls h. Schools i. Theaters j. Banks k. Bed and Breakfast hotels I. Artists and design studios m. Outdoor retail uses ineluding dining, paFty ,such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review and Genf9FFnanGe with PeFfflit n. Other similar uses, approved by the Director of GWFIFFIURity, Development SeWiGes Planning and Buildina Safety, as provided by Section V., Administration 3. Permitted Accessory Uses- a. Any use customarily incidental to a permitted use b. Outdoor storage, subject to conformance with EI Segundo MUROGepal Municipal Code 4 15 -2 -8, Screening, of the El S 19 Gede c. Indoor entertainment, dancing, and amplified sound, subject to ompliance with El Segundo Municipal Code Chapter 4 -8, Entertainment Regulations, and Chapter 8:967_2, Noise and Vibration Regulations, d. Temporary Outdoor Retail Sales Events Page 8 of 21 -� " e. Temporary Outdoor Dining and Outdoor Dining, subject to design review and compliance with El Segundo Municipal Code § 15 -2 -16, Outdoor Dining Areas d- f.Other similar accessory uses approved by the Director of Gemmuni Planning and Building Safety, as provided by Section V., Administration 4. Uses Subject to an Administrative Use Permit - (Chapter 20215 -22 of the El Segundo Municipal Code) a. On -site sale and consumption of alcohol at restaurants b. Off -site sale of alcohol at retail establishments c. Outdoor retail uses inGluding diniRg, paFty aFear,),such as newsstands, coffee carts and flower stands, over 200 square feet in area, subject to design review and GepfeFmanGe with Cede d. Video arcades with three or fewer machines e. Other similar uses approved by the Director of Gemmunity, EGenem*G and Planning and Building Safety, as provided by Section V., Administration E. Grand Avenue District- (300 Block east side Richmond Street - former Ralph's market and adjacent lots) 2. Permitted Uses- a. First floor street -front level and adjacent to pedestrian access ways, including internal access ways, with a minimum building depth of 25 feet: i. Retail sales and services ii. Restaurants iii. Recreational uses iv. Governmental offices V. Banks, not to exceed 500 square feet vi. General offices vii. Medical - dental offices Page 9 of 21 `� viii. Bed and breakfast hotel ix. Outdoor retail uses iReluding diRing, Ay ,such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review and E=:! SeguRde Mui;iGipal Gede; gFeateF than 200 squaFe feet, also x. Other similar pedestrian oriented retail - service uses and offices, approved by the Director of GeFAFAunity, Planning and Building Safety, as provided by Section V., Administration b. Above and behind street -front level, and adjacent to alleys: All uses listed above in a. ii. Clubs and halls iii. Schools and daycare iv. Theaters V. Banks vi. Other similar uses approved by the Director of erg+ 1 Planning and Building Safety, as provided by Section V., Administration 3. Permitted Accessory Uses- a. Any use customarily incidental to a permitted use b. Outdoor storage, subject to conformance with SeGti9n 20.12.080EI Segundo Meais+palCode Municipal Code § 15 -2 -8, Screening, c. Indoor entertainment, dancing, and amplified sound, subject to ompliance with El Segundo Municipal Code Chapter 4 -8, Entertainment Regulations, and Chapter 8.067 =2, Noise and Vibration Regulations, d. Temporary Outdoor Retail Sales Events e. Temporary Outdoor Dining and Outdoor Dining, subject to design review and compliance with El Segundo Municipal Code § 15 -2 -16, Outdoor Dining Areas d:f.Other similar accessory uses approved by the Director ofGe Planning and Building Safety, as Page 10 of 21 provided by Section V., Administration 4. Uses Subject to an Administrative Use Permit - (Chapter 20.7-215-22 of the El Segundo Municipal Code) a. On -site sale and consumption of alcohol at restaurants b. Off -site sale of alcohol at retail establishments c. Outdoor retail uses inGluding diRing, pany ,such as newsstands, coffee carts and flower stands, over 200 square feet in area, subject to design review and GORfeffnanGe with Gede d. Video arcades with three or fewer machines e. Other similar uses approved by the Director of G9FAFAURity, Planning and Building Safety, as provided by Section V., Administration F. West Grand Avenue Transitional District- (North 200 Block of West Grand Avenue between Concord Street and the alley west of Richmond Street) 2. Permitted Uses- a. First floor street -front level, with a minimum building depth of 25 feet: i. Retail sales and services ii. Restaurants iii. Recreational uses iv. Government offices V. Banks vi. General offices vii. Medical - dental offices viii. Clubs and halls ix. Theaters X. Schools Page 11 of 21 ` 0 xi. Outdoor retail uses inGluding diRiRg, ,such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review aod xii. Other similar pedestrian oriented retail - service uses and offices approved by the Director of Planning and Building Safety, as provided by Section V., Administration. b. Above street -front level: i. All uses listed above in subsection (a). ii. Business tenant/owner- occupied residential units. iii. Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration. 3. Permitted Accessory Uses- a. Any use customarily incidental to a permitted use b. Outdoor storage, subject to compliance with El Segundo Municipal Code § 15 -2 -8, Screening c. Indoor entertainment, dancing, and amplified sound, subject to compliance with El Segundo Municipal Code Chapter 4 -8, Entertainment Regulations, and Chapter 7 -2, Noise and Vibration Regulations d. Temporary Outdoor Retail Sales Events e. Temporary Outdoor Dining and Outdoor Dining, subject to design review and compliance with El Segundo Municipal Code § 15 -2 -16, Outdoor Dining Areas d-.f.Other similar accessory uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration 4. Uses Subject to an Administrative Use Permit - (El Segundo Municipal Code Chapter 15 -22) a. On -site sale and consumption of alcohol at restaurants b. Off -site sale of alcohol at retail establishments c. Outdoor retail uses iAGludiRg diRiRg, paFty wea6),such as newsstands, coffee carts and flower stands, over 200 square feet in area, subject to design review and GemplianGe with -0 Page 12 of 21 b i d. Video arcades with three or fewer machines e. Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration G. West Grand Avenue Transitional District- (South 200 Block of West Grand Avenue between Concord Street and the alley west of Richmond Street) 2. Permitted Uses- a. First floor street -front level, with a minimum building depth of 25 feet: i. Retail sales and services ii. Restaurants iii. Recreational uses iv. Government offices v. General offices vi. Medical - dental offices vii. Outdoor retail uses inGluding dining, paFty ,such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review and GGMpliaAGe Qwtde9F uses that aFe gFeateF than 200 6quaFe feet alse FequiFe viii. Other similar pedestrian oriented retail - service uses and offices approved by the Director of Planning and Building Safety, as provided by Section V., Administration. b. Above street -front level: i. All uses listed above in subsection (a). ii. Business tenant/owner- occupied residential units. iii. Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration. 3. Permitted Accessory Uses- a. Any use customarily incidental to a permitted use b. Outdoor storage, subject to compliance with El Segundo Municipal Code § Page 13 of 21 u 621 15 -2 -8, Screening c. Indoor entertainment, dancing, and amplified sound, subject to compliance with El Segundo Municipal Code Chapter 4 -8, Entertainment Regulations, and Chapter 7 -2, Noise and Vibration Regulations d. Temporary Outdoor Retail Sales Events e. Temporary Outdoor Dining and Outdoor Dining, subject to design review and compliance with El Segundo Municipal Code 4 15 -2 -16, Outdoor Dining Areas d f.Other similar accessory uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration 4. Uses Subject to an Administrative Use Permit - (El Segundo Municipal Code Chapter 15 -22) a. On -site sale and consumption of alcohol at restaurants b. Off -site sale of alcohol at retail establishments c. Outdoor retail uses OnGluding diRing, paFty ,such as newsstands, coffee carts and flower stands, over 200 square feet in area, subject to design review and GOFApliaRGe with E4 d. Video arcades with three or fewer machines e. Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration H. Definitions The following are definitions of uses that are included in the Specific Plan. For definitions not included within this section, refer to Chapter 20.0815 -1 -6, Definitions, of the El Segundo Municipal Code. 20.08.14. Artist and Design Studios "Artist and design studios" means an establishment that provides work and retail sales and display space for artists, artisans, craftsperson's, and designers. 20.08 .168 Bank "Bank" means an establishment that provides financial services to individuals, firms and other entities. The term includes savings and loan institutions, loan and Page 14 of 21 �: lending institutions, credit unions and other uses providing similar financial services. 20 08.169 Bar "Bar" means an establishment primarily for the on -site sales and consumption of alcoholic beverages, generally without or with limited food service, as defined and licensed by the State of California, Department of Alcohol Beverage Control. Bars include cocktail lounges, nightclubs, taverns, pubs, saloons, and similar uses, but exclude restaurants. 20.08 66 Bed and Breakfast Hotel "Bed and Breakfast Hotel" means an establishment containing 75 or fewer guestrooms, intended or designed to be used for sleeping purposes by guests, and provides breakfast to guests. The use may also contain ancillary services such as meeting rooms, personal services, and food preparation and dispensing. Guest stays shall be limited to 30 consecutive days. One dwelling unit for the use of the proprietor shall be allowed. City Parking Garage "City Parking Garage" means the parking garage located at 121 West Grand Avenue. 20.08.246 Coffee cart "Coffee cart" means a small self- contained outdoor structure for the retail sale of coffee, other beverages, snacks, and similar products. A seating or dining area may also be provided as an accessory use. 20 .08.422 Flower stand "Flower stand" means a small self- contained outdoor structure for the retail sale of flowers and related products. 20.08.614. Newsstand "Newsstand" means a small self- contained outdoor structure for the retail sales of newspapers, magazines, periodicals, and similar products. 28 -88.616 Offices, Governmental "Offices, governmental" means an establishment maintained and used as a place of business by persons Page 15 of 21 LL b 4 employed by the government including City, County, State, Federal and similar governmental businesses, whose business activity consists primarily of providing services to people. 30.08.688 Retail sales and service "Retail sales and service" means an establishment that provides retail sales, rental, services processing, and repair of new merchandise, primarily intended for consumer or household use. Services provided include those of a personal convenience nature, and the cleaning, repair or sales of related products. 20.08.663 Recreational use "Recreational use" means an establishment providing participant or spectator recreation, amusement, exercise, or entertainment services. 30.08.868 Tattoo parlor "Tattoo parlor" means an establishment where the act or process of indelibly marking or coloring the skin of any person by the insertion of pigment under or in the skin or by the production of scars is conducted. Temporary Outdoor Dininq "Temporary Outdoor Dininq" means outdoor dinin located within the City right of way pursuant to an encroachment permit and /or is required to secure off - site parking or other outdoor dining for which the property does not have the required number of on -site Parkin spaces. Temporary Outdoor Dining is only allowed in conjunction with a permitted restaurant and is only permitted to utilize Temporary Outdoor Structures/ Facilities. Temporary Outdoor Dining requires a permit and is only allowed for such time period commensurate with the time period that Temporary Use Parking is provided in accordance with Section VII.2.k. of this Specific Plan. Temporary Outdoor Retail Sales Events "Temporary Outdoor Retail Sales Events" means outdoor retail sales events conducted outdoors on the same premises as, and are consistent in character with an existing retail store use. These events require a permit and may be allowed up to a total of 30 days in Page 16 of 21 - , — ti t) ,j any twelve month period. Temporary Outdoor Retail Sales Events can only be permitted to utilize Temporary Outdoor Structure /Facilities and must comply with the Temporary Use Parking requirements set forth in Section VII.2.k of this Specific Plan. Temporary Outdoor Structure /Facilities "Temporary Outdoor Structure /Facilities" includes awnings or canopies made of material or wood, tents, shade umbrellas, and similar types of structures that can be constructed and removed within a seven day period. Temporary Outdoor Structure /Facilities also include lighting and heating improvements that can be constructed and removed within a seven day period. Any applicant for Temporary Outdoor Structure/ Facilities must sign an acknowledgement that the Temporary Outdoor Structure /Facilities can be removed within a seven day period. All Temporary Outdoor Structure /Facilities must meet all zoning, building, fire, health and other applicable codes. VII. PARKING 2. General Provisions- a. No use or building shall be established, erected, enlarged or expanded unless parking facilities are provided and maintained as required by this Section. b. Parking facilities should be designed so that a car within a facility will not have to enter a street to move from one location to any other location within the same facility. c. Bumpers or tire stops a minimum 6 inches in height shall be provided in all parking areas abutting a building, structure, sidewalk, planting area, street or alley. d. All tandem parking spaces, where allowed, shall be clearly outlined on the surface of the parking facility. e. Parking facilities in all Districts shall be designed in such a manner that any vehicle on the property will be able to maneuver as necessary so that it may exit from the property travelling in a forward direction. However, Page 17 of 21 cars may exit onto an alley travelling in a reverse direction. f. Where the application of the following cumulative parking schedules results in a fractional space of .5 or greater, the number of required parking spaces shall be rounded up to the next whole number. g. No vehicular use area, except driveway access to a property, for any residential use shall be located, in whole or in part, in any required front yard or front two- thirds of any required side yard. h. No person, company or organization shall fail to maintain the facilities required to be provided by this Section, or by any applicable provision of prior laws, variance, use permit, or precise plan heretofore or hereafter granted by the Planning Commission or City Council. No required parking shall be utilized in any manner so as to make it unavailable for the occupants, their clients or visitors of a building or use during the hours such building or use is normally occupied except for purposes of utilizing it for Temporary Outdoor Retail Sale Events or Temporary Outdoor Dining in accordance with the requirements of the DSP. This meaning shall not be construed to prohibit security devices. i. All permanent on -site parking, loading, or other vehicular use area shall be paved with approved concrete or asphaltic concrete. On -site parking areas to be used for no longer than one year shall be surfaced and maintained with an impervious material acceptable to the Director of Ger a+ty-, Planning and Building Safety so as to eliminate dust and mud. All on -site parking areas shall be graded and drained to dispose of all surface water in accordance with the Uniform Building Code. j. Any lights provided to illuminate any parking area shall be arranged so as to direct the light away from any residential dwelling unit. k. Temporary Use Parking. Outdoor Retail Sale Events and Temporary Outdoor Dining are required to provide parking based upon the parking requirements set forth in the DSP during the time period that such use is in operation. To the extent that the Outdoor Retail Sale Events or Temporary Outdoor Dining is located on parking spaces that are otherwise required for other uses located on the property, then in addition to the Temporary Parking spaces required for the Outdoor Retail Events or the Temporary Outdoor Dining the property owner or tenant is required to provide parking spaces to replace the parking spaces that are being utilized for the Outdoor Retail Sale Event or the Temporary Outdoor Dining. Parking requirements for Temporary Outdoor Retail Sale Events and Temporary Outdoor Dining may be fulfilled by providing sufficient on= site parking, parking through an offsite parking covenant, or by obtaining parking space permits for the City Parking Garage, or any combination of these three options. To utilize Temporary Outdoor Dining, the property Page 18 of 21 owner and tenant, if applicable, must execute an acknowledgement to be recorded in the County Recorder's Office that the Temporary Outdoor Retail Sale Event or Temporary Outdoor Dining use will cease if at any time the parking requirements are not met, including in the event that parking space permits expire and are not re- issued for the City Parking Garage. Chapter VII, Section 3, subsection c. of the Downtown Specific Plan to read as follows: "c. Parking Reductions: i) Parking Demand Study. The Director of Community, 9G9R9FniG and Planning and Building Safety may modify the required number of parking spaces or approve joint use or off- site parking, for fewer than 10 spaces, based on the submittal of a parking demand study. Reductions of 10 or more spaces require Planning Commission approval. Additionally, for any use for which the number of parking spaces is not listed, the Director of Planning and Building Safety or Planning Commission will specify the required number of spaces based on a parking demand study. A parking demand study must include, without limitation, information specifying the number of employees, customers, visitors, clients, residents and owner - occupancy of residence and business (for existing legal non - conforming residential uses), shifts, deliveries, parking spaces, or other criteria established by the Director of Planning and Building Safety. The study may also include the use of valet or attendant parking. ii). Parking In -Lieu Fees a. The number of parking spaces required by this chapter due to the addition of floor area to an existing building or the construction of a new building may be reduced by the payment of a parking in -lieu fee to be established bysatby4he City Council resolution from time to time. b. Any residential unit constructed after the adoption of this program, which is subsequently converted to a non - residential use is required to provide parking as required by this chapter for such use or pay a parking in -lieu fee for the floor area converted to the non- residential use. C. Except as otherwise provided, theThe parking in -lieu fee must be paid before the City issues tsseanse -eta Certificate of Occupancy. Page 19 of 21 � l ��68 Funds collected by the City from such payment wi4must be deposited in a special fund and used only by the City to acquire and or develop additional parking and related facilities which are determined by the City Council to be necessary to serve the downtown. Funds paid to the City for in -lieu parking are non- refundable. d. For good cause shown, as reasonably determined by the Director of Planning and Building Safety using objective criteria established by City Council resolution, the parking in -lieu fee may be paid over a period of time not to exceed twenty (20) years from the date the City issues a final Certificate of Occupancv. The obligation to pay such in -lieu fee must be secured with appropriate sureties identified by City Council resolution (including, without limitation, a restrictive covenant recorded against real property) and approved as to form by the City Attorney. d-e. Parking provided by the City will be developed within or adjacent to boundaries of the Downtown Specific Plan. Payment of a parking in -lieu fee does not provide or vest any property owner with a special right, privilege or interest of any kind in any parking facility that may result from the payment of the fee. There is no guarantee that the City will build parking at any particular time or that it will build parking in a location that will be of advantage to the property owner paying the fee." SECTION 4: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 5: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. Page 20 of 21 ; 60 SECTION 6: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this day of May, 2009. Kelly McDowell, Mayor APPROVED AS TO FORM: M Mark D. Hensley, City Attorney ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of May 2009, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of May, 2009, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk P: \Planning and Building Safety\ Projects \P Ian ning- Old\826- 850 \EA - 834 \EA 834 DSP Amend Ord 04152009.doc Page 21 of 21 PLANNING COMMISSION RESOLUTION NO. 2654 EXHIBIT "B" 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 accordance 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 acreage; 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; E. This Resolution relies upon the documentary and testimonial evidence submitted to the City during the public hearing held on , 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 designee (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 CEQA Regulations § 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 , 2009. ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney :- Karl H. Berger Assistant City Attorney Kelly McDowell, Mayor 2 ti MINUTES OF THE MEETING OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA April 23, 2009 Chairman Wagner called the El Segundo Planning Commission meeting to order CALL TO ORDER at 7:00 p.m. in the El Segundo City Hall's Council Chambers, 350 Main Street, El Segundo, California. Commissioner Newman led the Pledge of Allegiance to the Flag. PRESENT: WAGNER, FUENTES, BALDINO and NEWMAN ABSENT: FELLHAUER None. Chair Wagner presented the Consent Calendar. None. PLEDGE TO FLAG ROLL CALL PUBLIC COMMUNICATIONS CONSENT CALENDAR CALL ITEMS FROM CONSENT Commissioner Fuentes moved, seconded by Commissioner Baldino, to approve MOTION the April 9, 2009, Minutes. Motion carried (4 -0). None. WRITTEN COMMUNICATIONS Chair Wagner presented Agenda Item H -2, Environmental Assessment No. EA- NEW BUSINESS — 834, Specific Plan Amendment No. 09 -01 and Zone Text Amendment No. 09 -01. PUBLIC HEARING for Applicant: City of El Segundo. Property Owner: Various. Address: All properties EA -834, SP 09 -01 and within the Downtown Specific Plan. ZTA 09 -01 Commissioner Newman recused herself from participating in Agenda Item H -2 for potential conflict of interest reasons. She left the Council Chambers. Principal Planner Paul Samaras presented the staff report (of record.) Commissioner Fuentes stated that she was curious about what happened if payment of parking in -lieu fees is extended up to 20 years, she asked what is the City's policy if the tenant space closes prior to the 20 years and it is has not been paid off. Director Carpenter addressed the Commission that the business aspects are still being worked out. He stated in response to Commissioner Fuentes that the new business or property owner would be given the opportunity to assume the remaining term for the parking space credit, or else take back the parking rights. El Segundo Planning Commission Meeting Minutes April 23, 2009 Pagel Commissioner Fuentes asked it there were any businesses currently on the payment plan. Mr. Carpenter replied "no" because no current payment plans exists. Commissioner Fuentes asked would the City charge any interest since it seems like a mortgage on a parking space. Mr. Carpenter replied 'yes ". Commissioner Baldino was curious how this came about and if some businesses raised some concerns. Mr. Samaras responded "yes" that some businesses had some interest in amending the existing in -lieu program in the downtown. Chair Wagner asked how many businesses might be interested in leasing or purchasing parking spaces on a temporary basis. Mr. Samaras stated that he did not have an exact figure. Chair Wagner asked if a weekly or monthly lease amount had been set for it. Planning Manager Kimberly Christensen stated no but that the monthly share would be determined as a prorated amount from the $17,500 total fee per space. Liz Garnholz, resident Ms. Garnholz stated her concerns regarding the project. Chair Wagner commented that the Resolution did not clarify if a lien on the property would be part of the plan. Assistant Attorney Karl Berger addressed the Commission. He stated that on Stamped Page 43 of the Draft Resolution for City Council consideration under Section 3 subsection B it would read as follows `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." Mr. Berger stated that City's staff contemplates recording it against the property so that subsequent owners and business owners would be aware of it. He stated that its issuance would be required for the parking requirement for that property. He stated that the subsequent property owner would have to continue to honor the deal made by the previous business owner or the City would take back the parking rights and the business would have to meet the parking requirements under the code. Commissioner Baldino moved, seconded by Commissioner Fuentes to approve MOTION Environmental Assessment No. 834, Specific Plan Amendment No. 0901 and Zone Text Amendment No. 09 -01, and to adopt Resolution No. 2654. Motion carried (3 -0). El Segundo Planning Commission Meeting Minutes April 23, 2009 Page 2 Commissioner Newman returned to the dais. None. Director Carpenter corrected Item I on the agenda stating that the next meeting is on May 14, 2009 and that there would be possibly four or five items for that meeting. PUBLIC HEARING CONTINUED BUSINESS REPORT FROM PLANNING AND BUILDING SAFETY DIRECTOR Commissioner Newman that Green Day will be in July. PLANNING COMMISSIONERS COMMENTS Bob Cummings, Director of Recreation and Parks, and the City's consultant OTHER BUSINESS presented a PowerPoint presentation to the Commission for the Aquatics Site Feasibility Study. Tim Lambert introduced a couple of his colleagues: Tom Ahn, architect from Rossetti and lead designer on the project, and Trish Soto an aquatics consultant from Councilman Hunsaker, a national aquatics design firm. Mr. Lambert stated that Ms. Soto would present the first half of the PowerPoint presentation covering the language, terminology, and the details of the aquatics design. Mr. Ahn would present the second half covering the site planning issues. Trish Soto presented the first half of the PowerPoint presentation regarding the terminology and details for the design. Tom Ahn presented the second half of the PowerPoint presentation regarding the site planning and design of the project. Commissioner Baldino asked staff what the process is that will unfold as the discussion of the site location continues. Mr. Carpenter stated that he hoped to narrow down what the community wants, select a preferred alternative that may involve acquisition of land through the school district, along with a discussion that needs to occur to see how realistic it is to acquire the land. Chair Wagner stated that in 2005 the Aquatics Committee discussed the Urho Saarhi and Imperial School sites. He stated that they were ruled out and that the best site was Hilltop Park being that the city owns the property and the existing equipment. He was concerned about why the discussion is occurring again and that he was concerned about taking the land from Richmond Street School. He stated that there isn't enough land already behind the school for activities related to gym and recess and he doesn't see the school district wanting anything but long term income on the property. Commissioner Newman asked what is the length of Urho Saarhi. Ms. Soto replied that the pool is 25 yards long and she was not sure of the width but guessed that it is over 60 feet. El Segundo Planning Commission Meeting Minutes April 23, 2009 Page 3 Commissioner Newman asked if the existing Urho Saarhi Swim Stadium meets the first requirement of the length of 25 meters. Ms. Soto stated that it met the length requirement for swimming only but in terms of water polo it does not meet the depth or length requirement as it is shallow at one end. Ms. Newman asked overall by how much. Ms. Soto replied 25 meters goal face to goal face is the water polo requirements at high school playoff level. She stated that the requirement would need to be slightly longer at least 30 meter and if all is deep the recreation requirement doesn't meet the Los Angeles County requirements so you will need to get the extra length for the step entries and the shallow water. Ms. Newman asked at Hilltop Park now there is an existing recreational pool out there now and as an idea we can use what we have correct. Ms. Soto replied that is correct. Commissioner Baldino raised the question to Mr. Cummings whether the City is planning to redo a study that was done in 2005. Recreation and Parks Director Bob Cummings stated that they are not trying to redo it but to validate it as a long term big project per Council's directive to go out and see if the recommendation is feasible and that things have changed since 2005. He indicated that the Imperial Street School has elected to use the property for surplus. He believes maybe the option is just looking at Hilltop alone. Chair Wagner has concerns about a facility in general in that a pool on City property has a certain amount of liability if someone gets injured or drowns. He inquired about the liability of the aquatic parks with slides and asked if that increases the risk of injury and the increase in potential liability to the City as far as payment to people that get injured. Ms. Soto stated that she wasn't aware of anything. Commissioner Fuentes asked if covering the pool helps to conserve water evaporation. Ms. Soto replied that it does and that she is able to do calculations to give an idea of what it would cost. Commissioner Fuentes asked if the County has any requirements or ordinances on pool covering. Ms. Soto replied `yes ", but they do not control the use as it is up to the owner of the pool to control the use of it properly. Commissioner Fuentes stated that Ms. Soto said that this project primarily will be used for water polo but Ms. Fuentes stated that rather it will be used for a community pool for all sixteen thousand people and will be designed for such. Ms. Fuentes is concerned that the use of the project be for the entire community. El Segundo Planning Commission Meeting Minutes April 23, 2009 Page 4 Ms. Soto commented that they tested each of the sites and was able to accommodate a pool function for high school, USA water polo, USA swimming and high school swimming, and that it would have shallow water for a swim lesson program and community use. Ms. Soto response that it would have the adequate depth of water to accommodate the water polo program that the current facility does not have. Ron Swanson, member of the Aquatics Task Force Mr. Swanson stated that he was a part of the Aquatics Task Force for about fifteen months. He responded to Chair Wagner's question regarding the 2005 report for Hilltop Park and stated that it took fifteen months. He stated that the cost for Hilltop was $6.2 million at that time and included a 25 x 30 yard pool, small play pool, and a bath house. He stated his concern regarding the project. Commissioner Newman asked Mr. Swanson if the Task Force concluded that there was enough support. Mr. Swanson stated that he believed that the percentage was to add 2.1 pools to the City of El Segundo which has been done. He commented that with Urho Saarhi, Hilltop and Acacia it has been done. Commissioner Newman asked if that took into consideration school, recreation, and competitive needs across the board. Mr. Swanson replied "yes" and that Hilltop Park would handle the community needs including for the little kids, competitive programs, the high school program, and USA swimming. Commissioner Fuentes asked staff if a copy of the 2005 report could be provided. Director Cummings respond "yes" and that the Recreation and Parks website has a link with a copy of the current feasibility study, public questionnaire where the community can read it and fill it out, and that the 2005 Master Plan will also be added to the website. Liz Garnholz Ms. Garnholz stated her concerns regarding the 2005 study and that it indicated 8 out of 10 people were satisfied with the Aquatics program and satisfied with the facility. She suggested that the Commission reads the 2005 report. Chair Wagner raised a concern and asked Judy Andoe about an entrance fee to water parks and to confirm that there isn't an entrance fee to the skate park. Recreation and Parks Department Supervisor Judy Andoe replied that there is not a fee for the skate park but in regard to the water park charging a fee could be considered. She stated that residents are not charged to enter Urho Saarhi plunge but non - residents are charged a small fee and would need a recreation card. She commented that charging is an option and is presented in the studies. Commissioner Newman asked if she knew what the site is currently generating in revenue. ` '7 El Segundo Planning Commission Meeting Minutes April 23, 2009 Page 5 Ms. Andoe replied that the Finance Department recently found out that money have been allocated into another fund and she is not able to provide accurate information at this time. Chairman Wagner adjourned the meeting. Motion carried (4 -0). The meeting adjourned at 8:16 p.m. PASSED AND APPROVED ON THIS 23rd DAY OF APRIL 2009 Greg Carpenter, Secretary of the Planning Commission and Director of The Planning and Building Safety Department David Wagner, Chairman Planning Commission City of El Segundo, California PAPlanning & Building Safety \0 Planning - Old\PLAN- COM\MINUTES\2009\2009 04 -23 Minutes.doc MOTION ADJOURNMENT El Segundo Planning Commission Meeting Minutes April 23, 2009 Page 6 EL SEGUNDO CITY COUNCIL MEETING DATE: May 20, 2009 AGENDA STATEMENT AGENDA HEADING: Committees, Commissions and Boards AGENDA DESCRIPTION: Consideration and possible action regarding the announcement of the appointment of candidates of the Recreation and Parks Commission, Planning Commission, Library Board of Trustees, Senior Citizen Housing Corporation Board and Environmental Committee. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Announce the appointees to the Recreation and Parks Commission, Planning Commission, Library Board of Trustees, Senior Citizen Housing Corporation Board and Environmental Committee, if any. 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $ None Additional Appropriation: N/A Account Number(s): ORIGINATED BY: Mishia Jennings, Executive Assistant -4'—� _ REVIEWED BY: (� APPROVED BY: Jack Wayt, City Mana r BACKGROUND AND DISCUSSION: Committee /Commission and Board # of Openings Appointees) Term Expire(s) Recreation and Parks Commission 2 05/30/2013 Planning Commission 1 06/30/2013 Library Board of Trustees 1 06/30/2012 Sr. Citizen Housing Corp. 2 06/30/2013 Environmental Committee 1 06/30/2013 2 p Z 8' LL 2 r �m OC� w< m� JO w F- LL U) O z �Z Q U ¢ ¢ Q 3 W w 0 O O N 01 ■ LL Q J Q O cc a Q LL W Q p NIm N w N m m- m W J, o", m, v O n N O VG m O O N O NOD NM N m N 0 0 O N N fq O Omi N N N m O N f N N 0 0 0 O N O 0 0 O O O 8.0 -- Nc�c�v N N n N 2 W Zf °13 w 0 Y U W S U 0 c z 0 o N m C m E ` Q c m o o � m o m p c m C m d O C O C O T O 0 N m t0 N � U 61 C � C O c O U m L Q U E `o O DC o p D m tUtl L L C N W O O O] Y C U) T m Q w N U 0 m w Q z E o u O O o U m m Q L ¢ U W 0 LL O O O ° n W z 4 ~ t Q Q :3 O V LL U U \y U W z z LL p ¢ Cc z w w Z z W N Z W _ ap ¢ z y J cc ¢ W W z SO LL Q a z¢ z ¢ z p w p Z c O z w z W O z Y n 7 U Z W p p a>: Oz�OOZ<LLm o w rFLL-az i zDLL¢ W p z p W U Q ¢ Q � m ¢ S Z Z p U q U4 oz m u to U U a O w H m U w> z o j¢ F- LL Z¢¢ U ¢ pU7zz ww¢ i F-r j a X - r'LL'ra LL Q a z i W z z z Q¢ N OU i w w 3 p r fn a W¢¢~ Z U a W CO Q Q Q w to LL= ¢ w Z%¢ H • F- LL w O p Q W Z N O J cr W W F- a a= w ¢ a o Q z¢au�w 000 W aQ �iO¢¢¢ Orp�-wOau� 1 W Q J IL LL Q¢ 3wn¢v tOJ m F W a QZaQ>a00 QOwxxp W ¢F-�n tna QUa. a <x x F-r2LL UJ QU- W >>i C� W 3¢ww0 f N N 0 0 0 O N O 0 0 O O O 8.0 -- Nc�c�v N N n N 2 W Zf °13 w 0 Y U W S U 0 c z 0 o N m C m E ` Q c m o o � m o m p c m C m d O C O C O T O 0 N m t0 N � U 61 C � C O c O U m L Q U E `o O DC o p D m tUtl L L C N W O O O] Y C U) T m Q w N U 0 m w Q z E o u O O o U m m Q L ¢ U W 0 LL O O O ° n W z 4 ~ t Q Q :3 O V LL U U \y 3 Cl w z Q m m 7 T U p CL U w c m c m v ° U o c h O m O o m C n w 00 Q m °y m O nn E o N O U L m N T ° t0 L U U C 0 m y Y C ? U mTm Q. w a s N U C of FdF N E c. m E E F c' m c W N N umi m y y @ n V= p n 0 o m ai 5 ° E c O O umi is N s c y D T m Q O m L N c U w n o L t E.. r �� m �n E m3 v 'c $ w LU a cn E " .D-s �( (D 01 C m m m N n U O n 2 0 0. U ¢ ti d EO 0 U 5 m 0 = W 0 t0 ¢ p 0 U ¢ LL Q W ¢ 5 LL u Q m z Q = 1 O u l� 3 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 04/24/09 THROUGH 05/07/09 Date Payee Amount Description 4/30/2009 Employment Development 60,279.98 State Taxes 4/30/2009 IRS 259,321.17 Federal Taxes 4/30/2009 Manufacturers & Traders 31,493.45 457 payment 5/1/2009 UBOC 4,639.13 PARS payment 5/1/2009 Nationwide EFT 33,070.48 457 payment 5/1/2009 Seimens 44,837.50 Qrtly Energy Payment 5/4/2009 State of CA 1,153.24 Child support withholdings 5/4/2009 Health Comp 2,108.93 Weekly claims 5/5/2009 CalPERS 406,299.97 Health premium 5/5/2009 UNUM 469.80 LTD 5/5/2009 Federal Reserve 400.00 Employee Savings Bond 5/6/2009 CalPERS 360,944.96 Retirement payment 5/6/2009 Lane Donovan Golf Ptr 22,463.08 Payroll Transfer 5/7/2009 Health Comp 654.94 Weekly claims 4/24 - 5/7/09 Workers Comp Activity 34,821.26 SCRMA checks issued 1,262,957.89 DATE OF RATIFICATION: 5/19109 TOTAL PAYMENTS BY WIRE: 1,262,957.89 Certified as to the accuracy of the wire transfers by: Deputj City easurer 5 %'7 /o Date 6-111109 Date �—// Zo Dat4 / Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. P: \City Treasurer \Wire Transfers\2009 \Wire 2009 Qtr 2nd \Wire Transfers 5- 07.xls REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 5, 2009 — 5:00 P.M. 5:00 P.M. SESSION — ADJOURNED DUE TO LACK OF QUORUM TO 6:00 P.M. CALL TO ORDER — Mayor McDowell at 6:00 p.m. ROLL CALL Mayor McDowell - Present Mayor Pro Tem 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. - NONE SPECIAL ORDER OF BUSINESS: NONE Mark Hensley, City Attorney, stated that Council would be meeting in closed session pursuant to items identified on the agenda and that the Government Code §54956.9(b) item was regarding the Siegel Claim No. 07-43. 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- matter 1. Pulido v. City of El Segundo, et al, LASC No. 06- 55539/06 -55798 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 5, 2009 PAGE NO. 1 Significant exposure to litigation pursuant to Government Code §54956.9(b): -1- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): - 0- matters 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 5, 2009 PAGE NO. 2 V8J REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 5, 2009 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — City Clerk Cindy Mortesen PLEDGE OF ALLEGIANCE — Council Member Don Brann PRESENTATIONS a. Council Member Fisher presented a Proclamation announcing May 16, 2009, as Kids Day American /International and urged families to participate in activities that reinforce positive, healthy life choices among children. b. Council Member Jacobson presented a Proclamation announcing May 30, 2009, as Super CPR Saturday and encouraging participation in CPR training. C. Council Member Brann presented a Proclamation announcing May 17 -23, 2009, as National Public Works Week. d. Mayor ProTem Busch presented a Proclamation announcing May 11 -15 as California Bike Commute Week. e. Mayor McDowell presented a proclamation announcing May 9, 2009 Public Safety Services Day and invited the community to participate in the joint Open House. Mayor McDowell presented a Proclamation to Chris Sherrill, Senior Citizen of the Year, and announced the month of May, 2009, as Older American month and inviting the community to participate in the Elderfest Celebration on May 16, 2009. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Brann - Present Council Member Fisher - Present Council Member Jacobson - Present MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 5, 2009 PAGE NO. 3 L% `t 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. Pursuant to the procedure set forth on the first page of this Agenda, Ms. Daphine Moote, an El Segundo Unified School District teacher and President of the El Segundo Teachers Association, has requested that the following item 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. 1. Consideration and possible action regarding a request by Daphine Moote, an El Segundo Unified School District teacher, to consider adoption of a Resolution in support of Propositions 1A-1F on the May 19th Special Election ballot. (Fiscal Impact: None) Bonnie Maye, representing the Teachers' Association requested Council consider adopting a Resolution in support of Propositions 1A-1F. Dave Burns, Resident; spoke in favor of the Council's support for Propositions 1A -1 F. Liz Garnholtz, Resident; spoke regarding the budget deficit, and the changes proposed by the propositions. 2. Pursuant to the procedure set forth on the first page of this Agenda, Mr. Geoff Yantz, Superintendent, El Segundo Unified School District, has requested that the following item 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. 2. Consideration and possible action regarding correspondence from Superintendent Geoff Yantz, dated April 29, 2009, concerning filming at El Segundo High School. (Fiscal Impact: None) Mayor ProTem Busch left the dias and did not participate on this item due a potential conflict of interest regarding his employment. Superintendent Yantz requested Council consider consenting to an additional ten days of filming. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 5, 2009 PAGE NO. 4 Jane Pimlot, Resident; spoke in favor of the Council's review of the filming ordinance. She read a letter from Resident June Williams in support of the review and extension of the number of filming days. Beth Murida, President of El Segundo PTA; spoke in favor of the Council's review of the filming ordinance. Bill Watkins, Resident and School Board Member; spoke in favor of the Council's review of the filming ordinance. He also spoke on the trucks entering and exiting the grounds, and stated that the benefits outweigh the inconvenience. Edie Rice, Resident; spoke in favor of the Council's review of the filming ordinance. Mike Rice, Resident; spoke in favor of the Council's review of the filming ordinance. David Burns, Resident; spoke in favor of the Council's review of the filming ordinance. Dora Polk, Resident; spoke against the Council's review of the filming ordinance. Jenni Davies, Resident; spoke in favor of the Council's review of the filming ordinance. Stated that the when trucks are parked but no filming is being done, it should not be counted as a "film day ". Suzanne Fuentes, Resident; represented a resident who lives in the impact area and stated her opposition to the revision of the filming ordinance. Ron Swanson, Resident; spoke in favor of the Council's review of the filming ordinance. Liz Garnholtz, Resident; stated that if the School District is being paid for the trucks being parked, that day should be counted. George Funk, Resident; spoke in favor of the Council's review of the filming ordinance. Nancy Peters, Resident; spoke regarding the "Relay for Life ". Invited cancer survivors to participate in the event. City Attorney Mark Hensley explained how ordinances are adopted and what the 20 day filming restriction includes. MOTION by Council Member Fisher to direct staff to reconvene the committee, and work on preparing an amendment to the ordinance creating options regarding the number of filming days allowed at the High School. MOTION FAILED DUE TO LACK OF SECOND. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 5, 2009 PAGE NO. 5 L% b MOTION by Mayor McDowell, SECONDED by Council Member Jacobson to form a sub - committee of Council Member Fisher and Brann and the same stakeholders to; a) review the film ordinance regarding the 20 day limitation and consent provisions; b) investigate the alternative sources of funding the amount the school district deems appropriate should the 20 day limitation remain; c) better define "no impact" filming; d) investigate possibly modifying the area between the girls gym and the cafeteria to allow for film trucks and equipment to enter and exit the school. MOTION FAILED BY THE FOLLOWING VOICE VOTE: AYES: MACDOWELL, JACOBSON; NOES: FISHER, BRANN. MAYOR PRO TEM BUSCH NOT PARTICIPATING. 2/2 MOTION by Council Member Fisher, SECONDED by Mayor McDowell to form a sub- committee of Council Member Fisher and Mayor McDowell and the same stakeholders to; a) review the film ordinance regarding the 20 day limitation and consent provisions; b) investigate the alternative sources of funding the amount the school district deems appropriate should the 20 day limitation remain; c) better define "no impact" filming; d) investigate possibly modifying the area between the girls gym and the cafeteria to allow for film trucks and equipment to enter and exit the school. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MCDOWELL, FISHER, JACOBSON, NOES: BRANN. MAYOR PRO TEM BUSCH NOT PARTICIPATING. 3/1 Mayor Pro Tern Busch returned to the dais. 2. Consideration and possible action regarding a request by Daphine Moote, an El Segundo Unified School District teacher, to consider adoption of a Resolution in support of Propositions 1A -1F on the May 19th Special Election ballot. (Fiscal Impact: None) NO ACTION WAS TAKEN ON THIS ITEM A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Council Member Brann, SECONDED by Council Member Fisher to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) 3. Consideration and possible action to conduct a continued Public Hearing regarding the adoption of a resolution increasing the civil penalties for parking violations regulated by Title 8 of the El Segundo Municipal Code by $5.00 due to changes in the Government Code. (Fiscal Impact: $55,630.00) MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 5, 2009 PAGE NO. 6 Mayor McDowell stated this is the time and place hereto fixed for a continued Public Hearing regarding the adoption of a resolution increasing the civil penalties for parking violations regulated by Title 8 of the El Segundo Municipal Code by $5.00 due to changes in the Government Code. Clerk Mortesen stated that proper notice was completed and no written communication had been received by City Clerk's Office. Dave Cummings, Police Chief, gave a report. MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Busch to adopt Resolution No. 4596 adopting a fine schedule pursuant to California Vehicle Code § 40203.5. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 C. UNFINISHED BUSINESS 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 2571296 to 2571531 on Register No. 14 in the total amount of $1,117,980.38 and Wire Transfers from 04/10/2009 through 04/23/2009 in the total amount of $1,600,735.18. 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 April 21, 2009. 6. Accepted $182,875 in grant funding from the U.S. Department of Homeland Security (DHS), Buffer Zone Protection Plan (BZPP) for protection of critical City facilities under the Infrastructure Protection Activities (IPA) for Federal Fiscal 2007. (Fiscal Impact: $182,875) Adopted Resolution 4598 Authorizing the City Manager and Police Chief to apply for, receive, and appropriate grant funds for acquisition of security devices required to protect public health and safety. Authorized the City Manager to sign the Subrecipient Agreement No. 3938 (SA) with the County of Los Angeles. 7. 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). (Fiscal Impact: $1,000) Authorized the City Manager to transfer the monies into the CPR General Fund account. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 5, 2009 PAGE NO. 7 1. 8. Approved an amendment to the Agreement No. 3874 with AKM Consulting Engineers to prepare a Water Rate Study for the City water utility. (Fiscal Impact: $28,404.00) Authorized the City Manager to execute the amendment with AKM Consulting Engineers for an amount not to exceed $28,404.00. 9. Approved the American Cancer Society's Relay for Life 2009 event request for a waiver of City- related fees per municipal code section 8 -8 -7 D 1 and use of the City logo artwork per municipal code 1 -3 -1 to 1 -3 -5. (Fiscal Impact: $6,500) Approved use of the City Seal for the public purpose of promoting public health and safety per ESMC § 1 -3 -3 to 1 -3 -5. 10. Approved the Annual Kids Day International event request for a waiver of City - related Special Event fees. (Fiscal Impact: $745) MOTION by Council Member Fisher, SECONDED by Council Member Brann to approve Consent Agenda Items 4, 5, 6, 7, 8, 9 and 10. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY — Announced that the City Council by unanimous vote in closed session authorized the City Attorney's Office to take action to cause the City to intervene in the legal action that has been commenced by the City of Los Angeles against AT &T regarding the public access channel service provided through AT &T video services. The litigation relates to the unacceptable level of service provided by AT &T with regard to local public access channels. REPORTS — CITY CLERK REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Brann — Announced his tour of Diamond Valley Lake in Temecula. Council Member Fisher — Reported on the Hometown Fair. Council Member Jacobson — Reminded the public about CPR Saturday, and announced the car show to be held at the Automobile Driving Museum on May 30, 2009. Mayor Pro Tern Busch — Reported on the Hometown Fair. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 5, 2009 PAGE NO. 8 Mayor McDowell — 11. Consideration and possible action to adopt a resolution opposing AB 155 (Mendoza), a bill imposing an unnecessary procedure burden upon local governments in managing their fiscal affairs by requiring local entities to first obtain approval of the California Debt and Investment Advisory Commission before filing for Chapter 9 bankruptcy protection. (Fiscal Impact: None) MOTION by Mayor McDowell, SECONDED by Mayor Pro Tern Busch to adopt Resolution No. 4597 opposing AB 155 and authorize legislative advocacy efforts to oppose passage of the bill. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. Liz Garnholtz, Resident; objected to the wording on the agenda regarding the opposition to Assembly Bill 155. Bill Watkins, Resident; thanked the Council for their deliberations on the High School filming issues. City Attorney Mark Hensley stated that the Brown Act requires the agenda to state what action the Council was being requested to consider and that the item regarding opposition to Assembly Bill 15 conforms to the Brown Act requirements. MEMORIALS — West Hollywood City Councilman Sal Guarriello CLOSED SESSION — NONE ADJOURNMENT at 9:00 p.m. Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 5, 2009 PAGE NO. 9 U5 U , ,� ti EL SEGUNDO CITY COUNCIL MEETING DATE: May 20, 2009 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding participating in the federal stimulus energy efficiency project grant funding program sponsored by the South Bay Cities Council of Governments by signing a Memorandum of Participation. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1) Authorize the City Manager to execute a Memorandum of Participation in a form approved by the City Attorney with the South Bay City Council of Governments ( SBCCOG); and 2) Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Memorandum of Participation FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $ Additional Appropriation: N/A Account Number(s): ORIGINATED BY: Lauren Mahakian, Sr. Administrative Ana REVIEWED BY: Dana Greenwood, Public o 1 Directore� r APPROVED BY: Jack Wayt, City Man a ,/-/ 'rtt ,, BACKGROUND AND DISCUSSION: The South Bay Cities Council of Governments ( SBCCOG) has entered into an agreement with a consultant, Energy Innovation Group, to provide assistance to its member cities and other public agencies within the South Bay to obtain federal stimulus dollars to fund energy efficiency projects for public buildings, schools and commercial buildings. The SBCCOG is requesting signed approval of the attached Memorandum of Participation in order to authorize the City of El Segundo to engage in the program. Authorization of participation will allow City staff to meet with the SBCCOG's consultant to review potential projects, conduct energy audits, prepare applications for grant funding, and for the City to be compensated from the grant funds acquired from the potentially approved projects. The City of El Segundo has no obligation to participate in any particular project that is identified. The City is not obligated to incur any cost or expense associated with the program, other than 15 41; 9 staff costs. Should a specific project require funding, Council will have the opportunity to consider the options and determine how to proceed with the project. Staff recommends that Council authorize the City Manager to sign the Memorandum of Participation allowing the City to support the SBCCOG's effort in securing federal stimulus energy efficiency grant funding for projects to improve public facilities within the City of El Segundo. Memorandum of Participation MEMORANDUM OF PARTICIPATION ENERGY EFFICIENCY FEDERAL STIMULUS GRANT PROGRAM SPONSORED BY THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS Participating Public Agency: Date: Participating Public Agency represents and warrants as follows: 1. Participating Public Agency is a member of the South Bay Cities Council of Governments ( "SBCCOG ") or owns property within the territorial jurisdiction of the SBCCOG. 2. Participating Agency's governing body or authorized designee has read and understands the Professional Services Agreement ( "Agreement ") between the SBCCOG and Energy Innovation Group ( "Consultant ") pertaining to the federal stimulus energy efficiency project grant funding program (the "program "). 3. Participating Agency desires to participate in the program, understanding that it will have no obligation to participate in any particular project or any project at all; that participation will require future actions of Participating Agency's governing body or authorized designee; that, aside from internal staff costs, Participating Agency is not obligated to incur any cost or expense associated with the program. Should a specific project require an Agency financial contribution, the Agency will be so advised prior to any making a binding commitment and will have the opportunity to choose whether or not to proceed with the project. 4. Participating Agency understands and acknowledges that the Consultant may have a financial interest in the projects it presents to Participating Agency, and that Participating Agency will evaluate and consider those projects independently of Consultant's recommendations. 5. Participating Agency understands and acknowledges that the Consultant will: (i) work directly with its staff to identify potential energy efficiency projects; (ii) conduct energy audits and prepare applications for grant funding for those projects; iii) seek grant funding from federal stimulus funds for projects involving Participating Agency's public buildings and infrastructure; and (iv) be compensated solely from the grant funds acquired for the project. Should Participating Agency pursue a project within the program, it will utilize Consultant, in its capacity as project manager, to implement and manage the project and disperse grant funds in order that it may recover its compensation for such services from the grant funding acquired for the project. Nothing herein, however, dictates the method by which a Participating Agency selects and awards contracts to contractors for the performance of any funded project. On the basis of the foregoing representations, warranties and understandings, Participating Agency by executing this instrument hereby memorializes its participation in the program and authorizes the Consultant to perform on its behalf the services set forth in the Agreement. The person signing below warrants and represents that he or she has authority to sign on behalf of and bind Participating Agency to the commitments set forth herein. Jack Wayt, City Manager Attest: City Clerk A EL SEGUNDO CITY COUNCIL MEETING DATE: May 20, 2009 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding the Adoption of Plans and Specifications and Authorization to advertise for bid the construction of the Washington Park Irrigation Improvements and transfer $29,961 in Transportation Development Act (TDA) Grant Funds to this project — Project No. PW 08 -08 (Fiscal Impact: $193,546.00) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Adopt Plans and Specifications; (2) Authorize staff to advertise the project for receipt of construction bids; (3) Transfer TDA Grant funds in the amont of $29,961 from account 118- 400 - 8203 -8604; and (4) Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: None. FISCAL IMPACT: Budget Adjustment Required Amount Budgeted: $163,585.00 Additional Appropriation: Yes Transfer $29,961 (TDA) from 118- 400 - 8203 -8604 Account Number(s): 301 - 400 - 8202 -8990 and 118- 400 - 8203 -8604 ORIGINATED BY: Dan Garcia, Assistant City Engineer -01 REVIEWED BY: Dana Greenwood, Public s Directorb�` APPROVED BY: Jack Wayt, City Maria r BACKGROUND AND DISCUSSION: The park's current irrigation system is an antiquated hydraulic system that uses parts that are no longer available and the irrigation controller has failed. This controller has been retrofitted as a temporary repair to keep the system functioning until a new system can be installed, one that will automatically control sprinklers with electric remote control valves. Construction of this project will improve staff's ability to maintain this park for the enjoyment of all park visitors. The new system will use recycled water and bring the existing system into compliance with the Los Angeles County Department of Public Health Guidelines. In January 2009, staff solicited, received two proposals and eventually retained Marina Landscape Inc. to design the Washington Park Irrigation Improvements. The total design cost was $9,415.00. This project was originally approved as a CIPAC FY 2007/2008 project for an estimated design and construction cost of $210,000. $37,000 was transferred in 2007 to the Stevenson Field Lighting Project. The remaining budget available for the construction of the irrigation system is $163,585.00. In addition to this design, the Los Angeles County Metropolitan Transportation Authority (LACMTA) has approved the utilization of Transportation Development Act (TDA) funds to construct a decomposed granite path as part of this project. This will improve ADA access from the Palm and Maple Avenues to the playground area. The TDA allocation of $29,961 will be available for drawdown after June 30, 2009. The total funds available to construct this project will be $193,546.00. Marina Landscape Inc. has completed their design to the satisfaction of staff. Staff recommends approval of Marina Landscape, Inc.'s plans & specifications and authorization to bid the project. U EL SEGUNDO CITY COUNCIL MEETING DATE: May 20, 2009 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding acceptance of the project to install an Enhanced Vapor Recovery (EVR) system at the fueling station located at the City Maintenance Yard (150 Illinois Street) Project No.: PW 08 -16 (Fiscal Impact: $65,975.00) RECOMMENDED COUNCIL ACTION: 1. Accept the work as complete. 2. Authorize the City Clerk to file a Notice of Completion in the County Recorder's Office. 3. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Notice of Completion FISCAL IMPACT: Included in Adopted Budget Amount Requested: $65,975.00 Additional Appropriation: No Account Number(s): 405- 400 - 0000 -6215 ORIGINATED BY: Maryam M. Jonas, Principal Engineer � REVIEWED BY: Dana Greenwood, Public \��Director APPROVED BY: Jack Wayt, City Manag BACKGROUND AND DISCUSSION: On January 20, 2009, the City Council awarded a contract to Fleming Environmental, Inc., to install the EVR equipment for gasoline vapor control at the City's fueling station for compliance with the South Coast Air Quality Management District (SCAQMD) Rule 461. The purpose of the EVR is to reduce gasoline vapor emissions at the dispensing facility. The City's fueling station consists of two (2) 10,000 gallon gasoline tanks located at the Public Works Facility Maintenance Yard at 150 Illinois Street. All work has now been completed to the satisfaction of the City and the required permits have been issued by the SCAQMD. Staff recommends acceptance of the project. The final contract amount is $65,975. Funding for this project is provided through the FY 2008- 2009 approved government building repair and maintenance fund. 7 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: Phase II Enhanced Vapor Recovery Upgrade at Maintenance Facility Project No.: PW 08 -16 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. 2. 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 4. The nature of the interest of the owner is: Public Facility A work of improvement on the property hereinafter described was field reviewed by the City Engineer on April 27, 2009. The work done was: installation of EVR equipment for gasoline vapor control. On May 20, 2009, 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: Fleming Environmental, Inc. 8. The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows: Public Facility. 9. The street address of said property is: 150 Illinois Street. Dated: Dana Greenwood 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 , 2009 at El Segundo, California. Dana Greenwood Public Works Director Notice of Completions\PW 08 -16 EL SEGUNDO CITY COUNCIL MEETING DATE: May 20, 2009 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding adoption of a Resolution of the City Council authorizing the City Manager and Police Chief to apply for, accept and expend grant monies from the U.S. Department of Justice on upgrades for existing online crime reporting system and police facility surveillance video. (Fiscal Impact: $15,119 from Byrne JAG Fund) RECOMMENDED COUNCIL ACTION: 1. Adopt Resolution authorizing the City Manager and Police Chief to apply for, accept, and expend grant monies from the Department of Justice. Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Resolution FISCAL IMPACT: None Amount Budgeted: $ 0 Additional Appropriation: Yes $15,119 Account Number(s): N/A ORIGINATED BV: Bob Turnbull, Captain 1�- REVIEWED BY: David Cummings, Chief o o ce 92� APPROVED BY: Jack Wayt, City Man, r BACKGROUND AND DISCUSSION: On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act of 2009 ("Recovery Act ") into law. As one of its many elements, the Recovery Act provides the U.S. Department of Justice ( "DOJ ") with funding for Justice Assistance Grants ("JAG ") to assist local law enforcement. The funds may be used for local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information systems for criminal justice, and criminal justice - related research and evaluation. The Bureau of Justice Statistics ( "BJS ") developed a formula which calculates direct allocations for local governments within each state based on their share of total violent crime reported within the state. Based on the BJS formula El Segundo is to be awarded $16,799. The City of Los Angeles, as grant administrator, is taking 10 %($1,680) of our allocation to use towards grant management, leaving funds totaling $15,119 for use by the City of El Segundo. These funds do not require any local matching funds. The Police Department will use the grant funds in two ways; first, to integrate our online police crime reporting system with our Records Management System for paperless communication and secondly to enhance our existing police facilities video surveillance equipment. Acquisition of such items will be accomplished in accordance with the ESMC and other applicable laws. 100 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER AND POLICE CHIEF TO APPLY FOR, RECEIVE, AND APPROPRIATE GRANT FUNDS IN ACCORDANCE WITH THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009. The City Council of the city of El Segundo does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. The American Recovery and Reinvestment Act of 2009 (the "Act ") provides the United States Department of Justice with funding for Justice Assistance Grants to assist local law enforcement. B. The funds may be used for local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information systems for criminal justice, and criminal justice - related research and evaluation. C. Based upon the formula provided by the Act, the City may receive a grant of $15,119 for public safety purposes. The City Council is informed and understands that, if the grant monies are distributed, the ESPD intends to use the money for a myriad of public safety purposes. D. ESPD must acquire any equipment or improve any facilities in accordance with the ESMC and any other applicable law. SECTION 2: The City Manager and Police Chief are authorized to apply for a grant of $15,119 from the United States Department of Justice to be used for the purposes identified in this Resolution. SECTION 3: The City Manager, or designee, is authorized to execute any required documents to receive the grant for the purposes identified herein. SECTION 4: The City Manager, or designee, is authorized to accept and spend the grant monies identified in this Resolution for the purposes set forth herein. SECTION 5: The City Council hereby amends or supplements the City's Budget for fiscal year 2008/2009 to appropriate the monies identified herein to pay for services, equipment, or improvements contemplated by the El Segundo Police Department as proposed by the City in support of its grant application. The City Manager, or designee, is authorized to implement the purpose of this section. SECTION 6: This Resolution will become effective immediately upon adoption. 101 PASSED AND ADOPTED this day of , 2009. Kelly McDowell, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing 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 day of , 2009, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY Karl H. Berger, Assistant City Attorney iU� EL SEGUNDO CITY COUNCIL MEETING DATE: May 20, 2009 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action on the awarding of RFP # 09 -07 (Police Uniforms and Accessories) to the two most responsive bidders, and authorize the City Manager to execute three (3) year agreements with a renewal option for each of an additional three (3) year period, for a maximum total contract length of six (6) years. (Fiscal Impact: Included in adopted budget) RECOMMENDED COUNCIL ACTION: 1. Award three (3) year contracts to Galls Uniforms and Carmen's Uniforms for use as the police department's primary suppliers of uniforms and accessories. 2. Authorize the City Manager to exercise the renewal option for each contract of an additional three (3) year period if in the City's best interest 3. Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Uniform Specification List FISCAL. IMPACT: Included in Adopted Budget Amount Budgeted: $60,000 (Equipment replacement) Additional Appropriation: N/A Account Number(s): 001- 400 - 3102 -4215 ORIGINATED BY: Bob Turnbull, Captain REVIEWED BY: David Cummings, Chief of ce APPROVED BY: Jack Wayt, City Manager BACKGROUND AND DISCUSSION: The police department uniform contract recently expired. RFP #09 -07 was issued to (5) five companies on March 23, 2009 with completed bid responses due back and opened on April 7, 2009. The City received responses from three (3) companies; Galls Uniforms, Quartermaster Uniforms, and Carmen's Uniforms. The RFP clearly stated there would be two award recommendations made by City Council to two different suppliers All three responses were evaluated ,vith the following criteria: physical location, level of service, facilities, ability to meet the departments needs, and cost. The department's most recent contract has been with Galls Uniform. They have consistently provided staff with acceptable service thus meeting the police department's standards. The department has also used Carmen's Uniforms in i U W Torrance for approximately seven years as a second source for department uniforms, which also provided quick, responsive, and quality service. The attached "Police Department Uniforms Specification List" matrix summarizes the three vendor's bids. The low bidder varies depending on the item to be purchased but consistently would be Gall's and Carmen's. The highest bidder was Quartermaster. Therefore, staff recommends that both Gall's Uniforms and Carmen's Uniforms be awarded as police department suppliers of uniforms and accessories. This will allow staff to purchase needed items from the lowest priced bidder. .104 s` N � N E ~ V LLJ =a It C1 N ~ U E =a M U N ~ U r (7 = d J C O d CL Vi C O C r 1r. 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(RSI 09 -06) (Fiscal impact: $854,434) RECOMMENDED COUNCIL ACTION: 1. Reject Bid submitted by S &L Specialty Contracting, Inc.; 2. Waive a minor bid irregularity and award a contract to Professional Building Contractors, Inc. for construction related to Group 31 of the Residential Sound Insulation Program; 3. Authorize the City Manager to execute a contract in a form approved by the City Attorney; and/or 4. Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Pages 10 and 11 of Bid submitted by S &L Specialty Contracting, Inc. 2. Email from Professional Building Contractors, Inc. dated May 8, 2009 3. Pages 1 -3 of the Bidder's Proposal and Statement submitted by Professional Building Contractors, Inc. 4. Letter from G &G Specialty Contractors, Inc. dated May 11, 2009 5. Letter from Professional Building Contractors, Inc. dated May 13, 2009 FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $10,570,900 Additional Appropriation: N/A Account Number(s): 116- 400 - 0000 -8960 ORIGINATED BY: James S. O'Neill, Program Manage d REVIEWED BY: Greg Carpenter, Director of Pl ' g & Building Safety APPROVED BY: Jack Wayt, City Managq-,-01 BACKGROUND AND DISCUSSION: On May 7, 2009 the City Clerk's office opened sealed bids for Group 31 (RSI 09 -06) of the City's Residential Sound Insulation (RSI) Program. The result of the bid opening was as follows: 1. S &L Specialty Contracting, Inc .................. .......................$770,250 2. Professional Building Contractors, Inc ....... .......................$776,760 3. G &G Specialty Contractors, Inc ................. .......................$780,974 4. Karabuild Development, Inc ....................... .......................$845,459 5. Sam Boo Construction . ............................... .......................$865,000 10 :�.I1 The Bid from S &L Specialty Contracting, Inc. (S &L) was reviewed by City staff and is non- responsive for the following reasons: ■ Subcontractors were not listed for roofing work or work related to fireplace specialties, indicating that S &L would self - perform such work. S &L, however, does not possess the required licenses to perform such work. The specifications require a C39 (roofing) license for roofing work and C29 (masonry) license for work related to fireplace specialties. According to the Contractor State License Board website, S &L only possesses B (general building), C20 (Warm -Air Heating, Ventilation and Air - Conditioning), and C 10 (electrical) licenses. Note that Professional Building Contractors, Inc. (PBC) questioned the Non - Collusion Affidavit and Bid Bond submitted by S &L (see attached email). Since the Bid from S &L is non- responsive for the reasons listed above, PBC's issues are moot. The Bid from Professional Building Contractors, Inc. (PBC) was reviewed by City staff and found to be responsive with the minor irregularity noted by G &G Specialty Contractors, Inc. (G &G) in the letter dated May 11, 2009. Upon review by City staff, the Total Bid (Contract Sum) should be $776,758, not the $776,760, and PBC has acknowledged this discrepancy in the letter attached. Staff is recommending that the City Council waive this minor irregularity. Bids from G &G Specialty Contractors, Inc., Sam Boo Construction, Inc. and Karabuild Development, Inc. were not reviewed by City staff due to the Bid amounts being higher than that of PBC's Bid, which was found to be responsive. The amount requested for the contract is $854,434 which represents the Total Bid amount and an additional 10% for potential change orders related to unforeseen conditions. Note that the Bids received on May 7th were in response to a second Notice Inviting Sealed Bids, after all Bids received on March 3, 2009 were rejected by the City Council on March 17`h for being non - responsive. The result of the original bid opening was as follows: 1. G &G Specialty Contractors, Inc ................. .......................$823,753 2. Y &M Construction ...... ............................... .......................$843,218 3. Professional Building Contractors, Inc ....... .......................$848,749 As City Council is aware, the City has witnessed a series of bid protests highlighting bidding errors and resulting in the rejection of bids. Although the City cannot prevent bidders from failing to meet bidding requirements, City staff has made many revisions to the contract documents to clarify the requirements to bidders to help avoid bidding errors that would render bids non - responsive. Should the City Council award a contract to PBC, the accepted Bid of $780,974 would represent a savings of over $46,995 compared to the lowest Bid received on March 3`d As the City Council is aware, eighty percent (80 %) of costs associated with the Residential Sound Insulation Program are paid by federal grant funding from the Federal Aviation Administration (FAA). This remains a funding source until those funds identified in the Grant Implementation Plan to the City of Los Angeles are exhausted. Remaining expenses, except for :i_ 1 elective "Owner Upgrades" selected by property owners, are paid for by funding received as part of the settlement agreement with LAWA. To date, the City's RSI Program has completed work at 921 homes, representing Groups 1 -29. liJ o1 UK ° N . is Al I a �L4 O r 3 w �L4 O r (p!S-W I£ &OJJ) 90- Iss it muo --ws 30 00!la!wa Z.7 (sP!S Pgig*S !AQI .oN --mv 3o awww nboj of jWv) *sqg ;o So!mdo moq (8t) ltpw 4n mqpA pq!nqns 09 mm pw 38Q q3n j3 pmmnp a4 pnm muMo Aq s 4 9nS pus smva4uoo (3S() =!mod inumH *BnuLvmQ ;o DolvmjnxJ tw pvm= m smm.o mom (=o gyp) MIA MIA (swam) MIA (mo "wn) xix (ao am) xix (mom) xia (*Vo *,=a) xix Page 1 of 1 O'Neill, James From: Dave deGroot [dave @pbcla.com) Sent: Friday, May 08, 2009 4:28 PM To: O'Neill, James Subject: El Segundo Groups 31 rebid, 34, 35 James, There have been a couple of issues brought to my attention with the bid submitted by California Averland Construction Inc on Group 35, and the bids submitted by S &L Specialty Contracting Inc. I am hoping to jet your feedback on them before I waste any time (mine or yours) protesting these items. I realize that you have no obligation to respond or give any information before the Staff recommendation is posted with the City Agenda so if you cannot answer can you at least tell me when the recommendations are expected to be posted. 1. The Non - Collusion Affidavit does not include the Jurat notarization as required. At the bottom of the page it clearly states `Must be subscribed and sworn before a Notary Public and Jurat notarization must be attached. A Jurat is required since it is a sworn statement. The Non - Collusion Affidavit is an specific item in the instruction to bidders so if this form is not correct or invalid since the Jurat is not attached will the City deem these bids non - responsive or will the City allow that Jurat to be submitted subsequent to the bid as an immaterial omission? 2. Bid Bond Notary — S &L submitted a standard bid bond form from their surety. I realize the specs state that a standard form can be used as long as it does not reduce the security stipulations protecting the City. However their form does not include any notaries for the signatures of S &L or the Surety company. Usually all bid bond forms require a notary for these signatures including the prior and present City of El Segundo sample bid bond forms. Again is this an irregularity that the City would accepted as an immaterial omission? Or would the City deem the form invalid and reject the bids. I would appreciate any feedback that you can give me. Thanks, Dave i1U 5/11/2009 City of El Segundo Residential Sound Insulation Project Number RSI 09-06 "Residential Sound Insulation Program — Group 31" To the Mayor and City Council City of El Segundo 350 Main St. El Segundo, CA 90245 The undersigned declares that he/she has examined the Contract Documents, including without limitation the "Instructions to Bidders" and the "Conditions of the Contract," and otherwise satisfied himself/herself as to the nature and location of the Work, and is fully informed as to all conditions and matters which can in any way affect the Work or its cost, and agrees to the following: To perform all Work in strict conformity with the requirements of the Contract Documents and at the following lump sum price: ID Address Description Engineer's Bid Estimate Amount Property Subtotal 31.01 846 Sheldon St. RSI Improvements . > T, TT tOF7 $ 31.02 844 Sheldon St. RSI Improvements S 2a Air Conditioning 1 31.03 735 W. Maple Ave. RSI Improvements ")�r A ' $ 0) , $ 31.04 Unit W. Imperial Ave., RSI Improvements �51-' �� 31.05 660 W. Maple Ave. RSI Improvements p, k 31.06 740 W. Sycamore Ave. RSI Improvements $ Air Conditioning U $ 31.07 912 Sheldon St. RSI Improvements %UIVISMUM $ S 31.08 527 W. Maple Ave. RSI Improvements ti`sy $ $1-} D51 Window 27 Upgrade. S 515 31.09 837 Loma Vista St. RSI Improvements N� S a $ ��, p Air Conditioning U $ I Electrical Upgrade : 0 S 31.10 825 Mucrest St. RSI Im vements ; ' `` $ $ Windows 20 & 21 Upgrade Bidder's Proposal and Statement 1 RSI 09-06 (Group 31 re -Bid) iii 0 N w 0 O .d U a 00 H H H 1 H H H H 1 H H ,{H \' � _ �) p O_ H4! H H (/9H H 4 H SAW GO) Go* HHH HH G"01) 44% H HHH HHH HHHH liy.�.' � � ��y. p. F�` _ ."s s. �:' - "'F. •y `f •fa. l.: �` ��1 TI- 5. �� �, j� � .. � CT` -.K y ��` � �'2 - �, �, ``� • 7 ; ; _ i •yi :."1 £ ... 4) 4) v u° ��'� a-� a• � a•� a •a a• V a•� w a u N O v 0 V O u u 0 u O a� 0 CL u p u u � o o 'a a ° 'b a ` •d °� ra u � .a °� •� 'd a � 'b o U ~ � ~ o U •� d U �"� � � d M A N o U o U o U 3aAr <CAwo`�a�AwAa`�AA=cln p� CA �j � a o Gn wAAi AAaAwr` dAwc`��CAwc rn rA 3 3 33 3 w x w 3 3 N N N NcM� Mme. N N �O N cn M Ch O M M M M M M M M M M 9 W Oo City of El Segundo Residential Sound Insulation 31.21 415 W. Oak Ave. RSI Improvements S .. ` ', M.. $ Window Grid,t;:::2 �G Upgrade Door B Grid $ 3g�3�g Upgrade- 31.22 770 W. Imperial Ave., RSI Improvements '' `= � �`� 01111 Unit 9 1 �r�.r' S � 31.23 770 W. Imperial Ave., RSI Improvements fist Y °° L r Unit 32 Total Bid (Contract Sum) �CN�n (words) 1 } �y0 $ rr 4)-140 1-C (figures) In case of discrepancy between the words and figures, the words must prevail. Notices: • Illegible Bids must be disqualified • If the Total Bid does not equal the total of the Schedule of Values, it is grounds for rejection of the Bid or rescinding a Notice of Award. • Inconsistencies between the Schedule of Values and the Plans for each Home are grounds for rejection of the Bid If awarded the Contract for the Work, the undersigned hereby agrees to execute the Contract within ten (10) calendar days as required by the Contract Documents (See Section 00 5100). Bid Security, which must not be less than ten percent (10 %) of the Total Bid (Contract Sum), is enclosed as a guarantee that the undersigned will enter into a Contract if awarded to the undersigned. Bidder further agrees that in the event Bidder fails to execute the Contract in accordance with the requirements of the Contract Documents after being awarded the Contract, Bidder will be liable for and forfeit to the City the amount of the difference between the amount of its Bid and the larger amount for which the City procures the Work. Name of Firm: PBC, Inr-- Address: 125 %bldm St., ES, CA 90245 Telephone Number: 310"524'-x680 Contractor's License Number: 765663 Type of License: Class B License Expiration Date: 7/31/09 Bidder's Proposal and Statement 3 RSI 09 -06 (Group 31 re-Bid) 11- fir'' -c209 14:13 From :310 322 4167 ©5!11/2009 13.37 4809213506 G & G SPECIALTY CONT 2209 W. 1" Street, Suite 113 Tempe, AZ 85231 (480) 971 -4079 G & G Specialty Contractors, Inc. (480) 921 -3506 Fax May 11, 2009 Mr. lames O'Neill City of El Segundo 350 Main Street k:l Segundo, CA 90245 RE: Residential Sound insulation Proziraw Group 31 Rebid Dear Mr. O'Neill, Paae:2,'2 PAGE 02/02 Please accept this letter as our notification of items on S & L Specialty Contracting and PBC's bids for the above referenced bid that we believe do not conform to the project specifications and issued addeudums. We have also tiotcd items on the other bidder's proposal which are not delineated here but we will provide to you itrcquested. • S &L o Bid bond form is not the proscribed form although we acknowledge that this form may have been pre - approved prior to bid date such as ours vas. o Per section 07.30.00 the roofing work must be completed by or under tic continuous direct supervi.nion of an individual whom has at least 2 years recent experience in the roofing trade and whose employer maintains a current C39 license. The Contractor currently does not hold this license nor did they list a subcontractor with this license. o Per section 10.32.00 all work in the fireplace specialties section must be completed by a contractor that holds a C29 masonry license_ Th. c Contractor currently does not hold this license nor did they list a subcontractor with this license. P13 o The individual amounts do not add up to the total bid amount. If you have any questions please call me at (480) 921 -4079. Sincerely, Jnmcs Scott GoodBallct Vice-President ARIZONA A4193232 K13-10181092 CALIFORNIA B 6339702 NEVADA A -23 #005763.1 P.02 F1 SEGUTff)0. CA 90-245 PBC INC. Fan:310- 524 -U584 )F May ii zuuy ii:alam ruut /uut PROFESSIONAL K)iLDING CONTRACTORS, INC. James O'Neill Prograan Manager City of El Segundo Residential Sound Insulation Program Dear Mr. O'Neill, 310 / 524-0580 FAX 310 / 52.1 -0584 I have reviewed the apparent inath error you have brought to our attention in the bid submitted for the Group 31 (rebid). The correct total for the project is actually .$776,758.00 and not $776,760.00 as the indicated in the bid total. The $2 difference is apparently an inadvertent rounding error in our excel program used to prepare ou..-, bid estimates for the projects. By this ietter I am confirming that the bid amount values for RSI Improvements/Ciparades entered for each property are correct and the total bid amount is $776,758.00 for the Group 31 Proj ect. I am also confirming that Professional Building Contractors Inc. will honor the correct amount of $776,758.00 if we are fortunate enough to be awarded this project by the City of E1 Segundo. I would like to add that this inadvertent error has no effect on any of the other values listed in the bid or the percentages of Suppliers, SubContractors, or DBE's identified in the bid proposal. Please feel free to contact lie with any additional questions. Resp ctfully,Submitted, David DeGroot, General Manager, PBC Inc. P.02 EL SEGUNDO CITY COUNCIL MEETING DATE: May 20, 2009 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding awarding a contract to Professional Building Contractors, Inc. for construction related to Group 34 (23 homes) of the City's Residential Sound Insulation Program (Project No. RSI 09 -04). (Estimated construction costs and retention: $739,710) RECOMMENDED COUNCIL ACTION: 1. Reject Bid submitted by S &L Specialty Contracting, Inc.; 2. Award a contract to Professional Building Contractors, Inc. for construction related to Group 34 of the Residential Sound Insulation Program; 3. Authorize the City Manager to execute a contract in a form approved by the City Attorney; and /or 4. Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Pages 10 and 11 of Bid submitted by S &L Specialty Contracting, Inc. 2. Email from Professional Building Contractors, Inc. dated May 8, 2009 3. Pages 1 -3 of the Bidder's Proposal and Statement submitted by Professional Building Contractors, Inc. FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $10,570,900 Additional Appropriation: N/A Account Number(s): 116- 400 -0000 -8960 ORIGINATED BY: James S. O'Neill, Program Manage aa REVIEWED BY: Greg Carpenter, Director of Pl i and Building SafetyJ_ APPROVED BY: Jack Wayt, City Managvr2) BACKGROUND AND DISCUSSION: On May 6, 2009 the City Clerk's office opened sealed bids for Group 34 (RSI 09 -04) of the City's Residential Sound Insulation (RSI) Program. The results of the bid openings were as follows: 1. S &L Specialty Contracting, Inc ...... ............................... $646,600.00 2. Professional Building Contractors, Inc ...... ....................$672,464.00 3. G &G Specialty Contractors, Inc ..... ............................... $686,974.00 4. Karabuild Development, Inc ...................... ....................$708,899.00 The Bid from S &L Specialty Contracting, Inc. (S &L) was reviewed by City staff and is non- responsive for the following reasons: ■ Subcontractors were not listed for roofing work or work related to fireplace specialties, indicating that S &L would self - perform such work. S &L, however, does not possess the required licenses to perform such work. The specifications require a C39 (roofing) i22 license for roofing work and C29 (masonry) license for work related to fireplace specialties. According to the Contractor State License Board website, S &L only possesses B (general building), C20 (Warm -Air Heating, Ventilation and Air - Conditioning), and C10 (electrical) licenses. Note that Professional Building Contractors, Inc. (PBC) questioned the Non - Collusion Affidavit and Bid Bond submitted by S &L (see attached email). Since the Bid from S &L is non- responsive for the reasons listed above, these issues are moot The Bid from Professional Building Contractors, Inc. (PBC) was reviewed by City staff and found to be responsive. Bids from G &G Specialty Contractors, Inc. and Karabuild Development, Inc. were not reviewed by City staff due to the Bid amounts being higher than that of PBC's Bid, which was found to be responsive. The amount requested for the contract is $739,710 which represents the Total Bid amount and an additional 10% for potential change orders related to unforeseen conditions. As the City Council is aware, eighty percent (80 %) of costs associated with the Residential Sound Insulation Program are covered by federal grant funding from the Federal Aviation Administration (FAA). This remains a funding source until those funds identified in the Grant Implementation Plan to the City of Los Angeles are exhausted. 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Q* II00gnS a 4!ump mm snPp!g oogeiwI PM" lopmppov oPm9aS 13 30 J!3 1.!'� 9# wnPuPPd -1 6002.62 NdV :PO3lPc" Iml 3o uonvd!na (SP!H PMS ftMA; I Q-'Oriot4 OWJO s=M=BnbW 01 JW-6) •sp!gja Sacuada aqi Jvv smog (8ti) !s.f1w3 fib ns aq 3snm Pun 38Q q3u )j pmTm9ns aq Inar muM A4 swpwlwNnS P'm w:) (38(l) mudmwa M=SnH gft=APMG 3o Qomt*ggwo aq Pop== m s=PP!S :=I uogsinsal PnnoS PPWPIWN opunloS i3 3n 40 (WO WJD) iii / A (am OPA3) N/A (w *PAD) N/A Is /A (Swam) N/A Ai /A • K/A coo► � � � `'`a� ��o� 7 �,;�i��1 �''`'C1'�'�� uogsinsal PnnoS PPWPIWN opunloS i3 3n 40 Page 1 of 1 O'Neill, James From: Dave deGroot fdave @pbcla.coml Sent: Friday, May 08, 2009 4:28 PM To: O'Neill, James Subject: El Segundo Groups 31 rebid, 34, 35 James, There have been a couple of issues brought to my attention with the bid submitted by California Averland Construction Inc on Group 35, and the bids submitted by S &L Specialty Contracting Inc. I am hoping to jet your feedback on them before I waste any time (mine or yours) protesting these items, I realize that you have no obligation to respond or give any information before the Staff recommendation is posted with the City Agenda so if you cannot answer can you at least tell me when the recommendations are expected to be posted. 1. The Non - Collusion Affidavit does not include the Jurat notarization as required. At the bottom of the page it clearly states "Must be subscribed and sworn before a Notary Public and Jurat notarization must be attached. A Jurat is required since it is a sworn statement. The Non - Collusion Affidavit is an specific item in the instruction to bidders so if this form is not correct or invalid since the Jurat is not attached will the City deem these bids non - responsive or will the City allow that Jurat to be submitted subsequent to the bid as an immaterial omission? 2. Bid Bond Notary — S &L submitted a standard bid bond form from their surety. I realize the specs state that a standard form can be used as long as it does not reduce the security stipulations protecting the City. However their form does not include any notaries for the signatures of S &L or the Surety company. Usually all bid bond forms require a notary for these signatures including the prior and present City of El Segundo sample bid bond forms. Again is this an irregularity that the City would accepted as an immaterial omission? Or would the City deem the form invalid and reject the bids. I would appreciate any feedback that you can give me. Thanks, Dave 1r_ o 5/11/2009 City of El Segundo Residential Sound Insulation 1:3 11) 1) 4 1W) J 110)VI-71.1ri,10 11.1 IFN v n! N1.0 Project Number RSI 09-04 "Residential Sound Insulation Program — Group 34" To the Mayor and City Council City of El Segundo 350 Main St. El Segundo, CA 90245 The undersigned declares that he/she has examined the Contract Documents, including without limitation the "Instructions to Bidders" and the "Conditions of the Contract" and otherwise satisfied himself/herself as to the nature and location of the Work, and is fully informed as to all conditions and matters which can in any way affect the Work or its cost, and agrees to the following: To perform all Work in strict conformity with the requirements of the Contract Documents and at the following lump sum price: Bidder's Proposal and Statement 1 Last Modified: April 30, 2009 Addendum #6 Engineer's Bid Property ED Address Description Estimate Amount Subtotal 34.01 201 E. Walnut Ave. RSI Improvements na. $ (Front unit) Air Conditioning Upgrade W2 $ $ -Electrical Secondary Door $ -Upgrade Bollards Upgrade $ 34.02 201 E. Walnut Ave. RSI Improvements $ Z?), 040 Air Conditioning -Upgrade s V M5 (Back unit) -Electrical Upgrade M Secondary Door -Upgrade ci?)4 Windows 9, 10 and 11 Upgrade Doors C and D Upgrade $ $ 34.03 1204 E. Walnut Ave. Irnprovements $ _RSI Air Conditioning Upgrade $ Electrical Upgrade $ E27 Bidder's Proposal and Statement 1 Last Modified: April 30, 2009 Addendum #6 A 0 W Ua QO 57 © NCN f+1 a a 9 oq d cJ LO D T) o Ln CO \� 7 H H H H H H H H H H 64 H H 409 H , ` LCD c� .- cX H GM H H HH VlHH VlHH N!H HHHHHHH H HH 60) 6460) HH HHSl9H t�' � * r 4 � k � t ^�i s r. s. r ., oF• #,;;C7 0 s , c � � 3 z" Os da an 0 to o u Y3 0o u �g oo a 00 � � C _ y Q Q o q --- lo„ :6 2 0: a o° tic 23o` �a`` w�a�C�w3�i `a�3a`�3�a�`�wr`�wa`�`` N 1- --4 M (D N M O N V) w %n N N N N N N NN h 00 h 00 01 V1 00 %C 00 00 00 O% ON O� t- 00 Q O N M v h �D t- 00 O� conR M t��1 QO 57 © NCN f+1 a a 9 oq d City of El Segundo Residential Sound Insulation Program 34.20 922 Main St. #S RSI Imvrovements 1256WIN S 14 S 34.21 922 Main St. #6 RSI rovements r "` $ tp 34.22 922 Main St. #7 RSI Improvements � < ' S 11 O9 $ `1 34.23 922 Main St. #8 RSI Improvements = 'I ' $ Q $ 1-1 "Uf &Tl h Total Bid (Contract Sum) - i m 11-cOUSMd Ear Huf *f,-d (words) (figs) In case of discrepancy between the words and figures, the words must prevail. Notices: ■ Illegible Bids must be disqualified ■ If the Total Bid does not equal the total of the Schedule of Values, it is grounds for rejection of the Bid or rescinding a Notice of Award. ■ Inconsistencies between the Schedule of Values and the Plans for each Home are grounds for rejection of the Bid If awarded the Contract for the Work, the undersigned hereby agrees to execute the Contract within ten (10) calendar days as required by the Contract Documents (See Section 00 S 100). Bid Security, which must not be less than ten percent (10 %) of the Total Bid (Contract Sum), is enclosed as a guarantee that the undersigned will enter into a Contract if awarded to the undersigned. Bidder further agrees that in the event Bidder fails to execute the Contract in accordance with the requirements of the Contract Documents after being awarded the Contract, Bidder will be liable for and forfeit to the City the amount of the difference between the amount of its Bid and the larger amount for which the City procures the Work. Name of Firm: Address: Telephone Number: Contractor's License Number: Type of License: License Expiration Date: PBC, Inc. 125 9*1don St., II Segundo, G 90245 . .. Cass B 7-31-09 Type of Entity: ❑ Sole Proprietorship ❑ Partnershipil Corporation ❑ Other I declare under penalty of perjury that the foregoing is true and correct. Bidder's Proposal and Statement 3 Lust Modified: April 30.2009 Addendum #6 EL SEGUNDO CITY COUNCIL MEETING DATE: May 20, 2009 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding award of contract to Professional Building Contractors, Inc. for construction related to Group 35 (23 homes) of the City's Residential Sound Insulation Program. (RSI 09 -08). (Fiscal impact: $699,435) RECOMMENDED COUNCIL ACTION: 1. Reject Bid submitted by California Averland Construction, Inc. 2. Reject Bid submitted by S &L Specialty Contracting, Inc. 3. Award a contract to Professional Building Contractors, Inc. for construction related to Group 35 of the Residential Sound Insulation Program 4. Authorize the City Manager to execute a contract in a form approved by the City Attorney; and/or 5. Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Pages 8, 10 and 11 of Bid submitted by California Averland Construction, Inc. 2. Pages 10 and 11 of Bid submitted by S &L Specialty Contracting, Inc. 3. Email from Professional Building Contractors, Inc. dated May 8, 2009 4. Pages 1 -3 of the Bidder's Proposal and Statement submitted by Professional Building Contractors, Inc. FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $10,570,900 Additional Appropriation: N/A Account Number(s): 116- 400 - 0000 -8960 ORIGINATED BY: James S. O'Neill, Program Manager REVIEWED BY: Greg Carpenter, Director o & Building Safety APPROVED BY: Jack Wayt, City Manage BACKGROUND AND DISCUSSION: On May 7, 2009 the City Clerk's office opened sealed bids for Group 35 (RSI 09 -08) of the City's Residential Sound Insulation (RSI) Program. The result of the bid opening was as follows: 1. California Averland Construction, Inc ........................... $578,827.' 2. S &L Specialty Contracting, Inc ................. .................... $621,900.00 3. Professional Building Contractors, Inc ...... ....................$635,850.00 4. G &G Specialty Contractors, Inc ................ ....................$638,974.00 5. Y &M Construction, Inc .................. ............................... $679,780.00 6. Sam Boo Construction .................... ............................... $753,000.00 The Bid from California Averland Construction, Inc. (California Averland) was reviewed by City staff and is non - responsive for the following reasons: • Subcontractors were not listed for roofing work or work related to fireplace specialties, indicating that California Averland would self - perform such work. California Averland, however, does not possess the required licenses to perform such work. The specifications require a C39 (roofing) license for roofing work and C29 (masonry) license for work related to fireplace specialties. According to the Contractor State License Board website, California Averland only possesses a B (general building) license and a C36 (plumbing) license. • The required Manufacturer and Supplier information for secondary sliding glass doors was not provided. The applicable section of the Bidding Document was left blank. • The Bid Bond submitted was on a City form which was replaced with Addendum #3, despite California Averland acknowledging Addendum #3 in their Bid. The Bid from S &L Specialty Contracting, Inc. (S &L) was reviewed by City staff and is non- responsive for the following reasons: ■ Subcontractors were not listed for roofing work or work related to fireplace specialties, indicating that S &L would self - perform such work. S &L, however, does not possess the required licenses to perform such work. The specifications require a C39 (roofing) license for roofing work and C29 (masonry) license for work related to fireplace specialties. According to the Contractor State License Board website, S &L only possesses B (general building), C20 (Warm -Air Heating, Ventilation and Air - Conditioning), and C10 (electrical) licenses. Note that Professional Building Contractors, Inc. (PBC) questioned the Non - Collusion Affidavits submitted by California Averland and S &L, and Bid Bond submitted by S &L. Since the Bids from California Averland and S &L are non - responsive for the reasons listed above, PBC's issues are moot. The Bid from Professional Building Contractors, Inc. (PBC) was reviewed by City staff and found to be responsive. Bids from G &G Specialty Contractors, Inc. (G &G), Y &M Construction, Inc. (Y &M), and Sam Boo Construction, Inc. (Sam Boo) were not reviewed by City staff due to the Bid amounts being higher than that of PBC's Bid, which was found to be responsive. The amount requested for the contract is $699,435 which represents the Total Bid amount and an additional 10% for potential change orders related to unforeseen conditions. As the City Council is aware, eighty percent (80 %) of costs associated with the Residential Sound Insulation Program are covered by federal grant funding from the Federal Aviation Administration (FAA). This remains a funding source until those funds identified in the Grant Implementation Plan to the City of Los Angeles are exhausted. Remaining expenses, except for elective "Owner Upgrades" selected by property owners, are paid for by funding received as part of the settlement agreement with LAWA. To date, the City's RSI Program has completed work at 921 homes, representing Groups 1 -29. A. j City of El Segundo Residential Sound Insulation Secondary Slidiag Glom Doors Comact person Contest Person COMPS" Coff"y Address Address City / State / Zip Cade City / State / Zip Code Phan Number Phone Number Fax Number Fax Number Email Address Errril Address HVAC Equipment N/A VIG BAIOUzI err, = Person CAryrier Cootaet person ReA +;23 4 Av- Company j 11 (4411 Gt (M Dl-_ �T ComPa" 209- Sou+k Quit,Tc Address CA qi%, -1 Address UGr H J q o Ci / State / Zip e 1 8 - 4911 ,6re^, City / State / Zip Code h j1 -) S�[ 9 - 5-100 Ph ne Number a Number Fax Number t4 1AC Fax Number NIA Email Address Email Address Fireplace Glass Glom �ufaN Kwi%#h y as MAnli�'it.l[ufer 4 ConwA Person Contact Person Company 841DO M4l ro& Ave Company Add" //�� 1-421 FAK4Uj& rA 9040 Address City / State / Zi Code (32M 4U - 4929 City / State / Zip Code Number a") bSl - 139-1 Phone Number Fax Number Fax Number Err" Address I Email Address Fireplaee Designation of Manufacturers and Suppliers 8 RSI 09 -08 (Group 35) Addendum #3 0 C w� U AG uu c c a0 R.vv� u 4b 8.v u y oo o ° u w 0 �rw p b � CLu • o Qa s $ k twD e E� °ou �8 �10"v ...i c O v �•a o f >•�•� •� � Y •r.J' F. we C a ° •V; V1 C R V C °s 6.9 � � r O C ; O N u o-� 3 0 czo° ° y P. 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UT UWgnS se AJQ �snm &aPPiH �7 iiij 3 i i -�Ii '� Ti ► �' ='� 009nnm PUWS PMWP!S*X opunSaS I33o Apo C# umPuappV c._ (S£ dnojo) 80-60 IS-d smpaAuoNnS 3o nogsa maQ ^� (SP1S PQTWS IWAQI aouoN ado =mannbei (a J2aW) -spig3o 8arnydo a Smog (8b) jqft 4m3 uRum pawmgm aq 3Snm Pus 3SQ qow j% pmlagm aq unm mupo �Cq &wp=uooqns PUN SsopaquaJ (3Ha) udWu3 ssaaasnG a8e pesiQ Io g4ra'J wqj popmmai an SAPW.0 :moH no.Mrdw WmoS req Opun%S 133o Ago (MO O'PI7) N/A (moo MPBO) N/A x/x (aeo•pnj) I1 /A (mo apn:)) xi /A (am moo) N/A no.Mrdw WmoS req Opun%S 133o Ago Page 1 of 1 O'Neill, James From: Dave deGroot (dave @pbcla.com] Sent: Friday, May 08, 2009 4:28 PM To: O'Neill, James Subject: El Segundo Groups 31 rebid, 34, 35 James, There have been a couple of issues brought to my attention with the bid submitted by California Averland Construction Inc on Group 35, and the bids submitted by S &L Specialty Contracting Inc. I am hoping to jet your feedback on them before I waste any time (mine or yours) protesting these items. I realize that you have no obligation to respond or give any information before the Staff recommendation is posted with the City Agenda so if you cannot answer can you at least tell me when the recommendations are expected to be posted. 1. The Non - Collusion Affidavit does not include the Jurat notarization as required. At the bottom of the page it clearly states *Must be subscribed and sworn before a Notary Public and Jurat notarization must be attached. A Jurat is required since it is a sworn statement. The Non - Collusion Affidavit is an specific item in the instruction to bidders so if this form is not correct or invalid since the Jurat is not attached will the City deem these bids non - responsive or will the City allow that Jurat to be submitted subsequent to the bid as an immaterial omission? 2. Bid Bond Notary — S &L submitted a standard bid bond form from their surety. I realize the specs state that a standard form can be used as long as it does not reduce the security stipulations protecting the City. However their form does not include any notaries for the signatures of S &L or the Surety company. Usually all bid bond forms require a notary for these signatures including the prior and present City of El Segundo sample bid bond forms. Again is this an irregularity that the City would accepted as an immaterial omission? Or would the City deem the form invalid and reject the bids. I would appreciate any feedback that you can give me. Thanks, Dave r, i 1 � 5/10/2009 City of El Segundo Residential Sound Insulation Project Number RSI 09-08 "Residential Sound Insulation Program — Group 35" To the Mayor and City Council City of El Segundo 350 Main St. El Segundo, CA 90245 The undersigned declares that he/she has examined the Contract Documents, including without limitation the "Instructions to Bidders" and the "Conditions of the Contract," and otherwise satisfied himself/herself as to the nature and location of the Work, and is fully informed as to all conditions and matters which can in any way affect the Work or its cost, and agrees to the following: To perform all Work in strict conformity with the requirements of the Contract Documents and at the following lump sum price: ID Address Description Engineer's Estimate Bid Amount Property Subtotal 35.01 1128 E. Acacia Ave RSI Improvements :' ; S S Z Air Conditioning Upgrade ;.yr,.4 $ 31,E 5 Electrical Upprade '� s Electrical Upgrade s 1 �;. s �J Sill Damage Upgrade 35.02 1128 E. Acacia Ave RSI Improvements $ s 2-Di Vp Window 5 Upgrade �:� $ Ili Door B U e d s 35.03 803 Hillcrest Street RSI Improvements $ s.1 2 Electrical U $ Window 13,14, and 15 Upgrade }h, A/C U $ 1 35.04 701 W. Sycamore Ave. RSI Improvements 0!-A" ,. S 31, I $ a Door A Upgrade .= s 35.05 1133 E. Acacia Ave. RSI Improvements $ $ 35.06 506 W. Sycamore Ave. RSI Improvements ' ' ` $ Door C Upgrade Window 11 Upgrade j. >h { S?:<, $ Bidder's Proposal and Statement 1 RSI 09 -08 (Group 35) Addendum #3 1A 8 City of El Segundo Residential Sound Insulation 35.07 1127 E. Acacia Ave. RSI Improvements v � S Door A Upgrade S Door B Upgrade S Window 15 & 16 s . ` 35.08 35.11 810 Loma Vista St. 520 W. Sycamore Ave RSI Im rovements RSI Improvem cnts Air Conditioning, U $ S $ 31�g $ $ I 1 Bollard Upgrade $ Electrical Upgrade ; "' $ Electrical U $ ( 35.12 517 E. Walnut Ave RSI Improvements $ -7 1 DS , s 31 I L"1 � Air Conditioning Electrical Upgrade $ 35.13 1739 Virginia St. RSI Improvements $ 35.14 739'/2 Virginia St. RSI Improvements 4,-77; S `( $ 5 3, Door B Upgrade Air Conditioning Upgrade '� $ 1 Electrical U $ 35.15 909 McCarthy Ct RSI Improvements_ s: 4, ,. $ 5DJ $ 55,q OZ Air Conditioning Upgrade Electrical Ui a $ -1 Upgrade indo S & 1 S s 35.16 658 W. Sycamore Ave RSI Improvements $ 351 $ 35.17 207 E. Sycamore Ave RSI rovements ;> $ CV 35.18 939 McCarthy Ct RSI Improvements S Z $3 Door C Upgrade $ Door A Upgraade <- $ Lp 35.19 770 W. Imperial, #84 RSI Improvements x 35.20 836 Main St, Unit 1 RSI Improvements s11,155 Door AUpgrade Window 7,` U e r$ y 5 35.21 836 Main St, Unit 2 RSI Improvements Door A & BYi:t; Upgrade , r� WAY., $ 35.22 836 Main St, Unit 3 RSI Improvements $ Door A Upgrade " $ ,Gtz -t — si vi Oy Bidder's Proposal and Statement RSI 09 -08 (Group 35) Addendum #3 `S City of El Segundo Residential Sound Insulation 35.23 836 Main St, Unit 4 RSI Improvements S 5i -1 5 Door A Upgrade "ya S 35.24 836 Main St., Unit 5 RSI Improvements , 5� $ I l' Door A Upgrade 4 .. $ 35.25 836 Main St., Unit 6 RSI Improvements :;f ' a `' $ $ Door A Upgrade : °Sr $ `1 f ix tau -6td Total Bid (Contract Sum) ss X50 - 00 (words) (figures) In case of discrepancy between the words and figures, the words must prevail. Notices: ■ Illegible Bids must be diequalifled • If the Total Bid does not equal the total of the Schedule of Values, it is grounds for rejection of the Bid or rescinding a Notice of Award. • Inconsistencies between the Schedule of Values and the Plana for each Home are grounds for rejection of the Bid If awarded the Contract for the Work, the undersigned hereby agrees to execute the Contract within ten (10) calendar days as required by the Contract Documents (See Section 00 5100). Bid Security, which must not be less than ten percent (10 %) of the Total Bid (Contract Sum), is enclosed as a guarantee that the undersigned will enter into a Contract if awarded to the undersigned. Bidder further agrees that in the event Bidder fails to execute the Contract in accordance with the requirements of the Contract Documents after being awarded the Contract, Bidder will be liable for and forfeit to the City the amount of the difference between the amount of its Bid and the larger amount for which the City procures the Work. Name of Firm: PBC, Inc. Ate: 125 S%ldan St., FS, G 90245 Telephone Number: Contractor's License Number: Type of License: License Expiration Date: � Class B 7/31/09 Type of Entity-0 Sole Proprietorship ❑ PartnershipOCorporation ❑ Other Bidder's Proposal and Statement 3 MI 09 -08 (Group 35) Addendum #3 -� EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: May 20, 2009 AGENDA HEADING: Consent Agenda Consideration and possible action to approve a maintenance agreement between the City of El Segundo and Thomas Properties Group, Inc. for sanitary sewer, water and from storm drain facilities located between Mariposa Avenue, Nash Street, Atwood Way and Douglas Street. (Fiscal Impact: None ) RECOMMENDED COUNCIL ACTION: (1) Approve the attached Maintenance Agreement in a form as approved by the City Attorney for maintenance of sanitary sewer, water and storm drain facilities located between Mariposa Avenue, Nash Street, Atwood Way and Douglas Street; (2) Authorize the City Manager to execute the Agreement; and (3) Alternatively discuss and take other action related to this item. Maintenance Agreement and Associated Exhibits FISCAL IMPACT: Included in Adopted Budget Amount Requested: S Additional Appropriation: N/A Account Number(s): ORIGINATED BY: Dana Greenwood, Director of Public Work REVIEWED BY: APPROVED BY: Jack Wayt, City Manager BACKGROUND AND DISCUSSION: The Thomas Properties Group (TPG) completed the installation of water, wastewater and storm drain facilities between Mariposa Avenue, Nash Street, Atwood Way and Douglas Street as part of the Campus El Segundo commercial development project. Because the new infrastructure benefits development other than Campus El Segundo and will be tied into existing City infrastructure systems, the City has agreed to assume responsibility for maintenance and repairs, while TPG has agreed to assume responsibility for street surface repairs and replacement, including those damaged as a result of City maintenance activities. The attached maintenance agreement outlines the responsibilities and conditions of both parties for the new facilities. 13 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of El Segundo 350 Main Street El Segundo, CA 90245 No fee per Government Code § 6103 MAINTENANCE AGREEMENT TRACT NO. 53570 This MAINTENANCE AGREEMENT ( "Agreement ") is made and entered into this 20th day of May, 2009, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY ") and THOMAS PROPERTIES GROUP, INC., a California Corporation ( "DEVELOPER ") with reference to the following facts: RECITALS A. DEVELOPER is constructing a commercial development identified as Tract No. 53570 as approved by the City Council (the "Project ") on the real property located at 700 -800 N. Nash Street, bounded by Mariposa Avenue, Nash Street, Douglas Street, and Atwood Way, as more particularly described on Exhibit "A" attached hereto (the "Property ") B. As part of the Project, DEVELOPER has constructed on, under, and adjacent to the Property the underground water, reclaimed water, sanitary sewer, and storm drain improvements more particularly described on Exhibit "B" attached hereto (collectively, the "Improvements "). C. The Improvements will benefit development other than the Project and will be tied into existing City infrastructure systems. Accordingly, DEVELOPER has conveyed the Improvements to CITY by Grant Deed dated May 6, 2009 and accepted by the City Council pursuant to Resolution No. 4255. D. DEVELOPER and CITY desire to set forth the respective obligations with respect to maintenance of the Improvements as set forth herein. Therefore, the Parties agree as follows: 1. MAINTENANCE AND REPAIR. A. City acknowledges and agrees that certain other utilities (the "Other Utilities ") cross the Improvements at various points. B. CITY is responsible for the operation, maintenance and /repair of the Improvements constructed within the easement depicted in Exhibit A at its sole cost and expense. Maintenance of the Improvements will be undertaken by CITY in accordance with its regular business practices with regard to public facilities within CITY's jurisdiction. C. Notwithstanding anything to the contrary contained herein, DEVELOPER is responsible, at its sole cost and expense, for the repair of any private streets on the Property that may be damaged as a result of CITY's repair of the Improvements. 2. CITY NOT LIABLE FOR PLANS AND SPECIFICATIONS. CITY is not an insurer or surety for the design or construction of the Improvements. And no CITY official, officer, or employee is liable or responsible for any claim arising during construction of the Improvements. 3. WARRANTY OF IMPROVEMENTS. DEVELOPER warrants that the plans and specifications for the Improvements comply with all applicable CITY specifications. DEVELOPER further warrants that the plans and specifications can be relied upon to accomplish the maintenance work contemplated by this Agreement in a good, workmanlike manner and in accordance with accepted construction practices. 4. WARRANTY OF WORK. DEVELOPER warrants that the Improvements were constructed in a manner consistent with CITY's specifications and the highest industry standards. Should any Improvement fail to comply with this warranty or any other provision of this Agreement within one (1) year after CITY's final acceptance, DEVELOPER must, without delay and without cost to CITY, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. Should DEVELOPER fail to act promptly or in accordance with this requirement or should the exigencies of the case require repairs or replacements to be made before DEVELOPER can be notified, CITY may, at its option, make the necessary repairs or replacements or perform the necessary work and DEVELOPER must pay to CITY the actual cost of such repairs plus fifteen percent (15 %) for CITY's administrative overhead costs. This Section is not a waiver of any other right CITY may have for correcting faulty workmanship or defective materials. 144J INDEMNIFICATION. A. DEVELOPER indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of DEVELOPER's negligence or willful misconduct in connection with this Agreement or its performance, except to the extent caused by CITY's negligence or willful misconduct. Should 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 this Agreement, or its performance, DEVELOPER must defend CITY (at CITY's request and with counsel satisfactory to CITY) and indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers. C. The foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. D. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. 6. NOTICES. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows: To CITY: City of El Segundo Public Works Department 350 Main Street El Segundo, CA 90245 To DEVELOPER: Thomas Properties Group, Inc. Mr. Dennis Watsabaugh City National Plaza 515 South Flower Street, 6'h Floor Los Angeles, CA 90071 i4� B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 7. CITY'S LEGAL FEES. DEVELOPER agrees to pay all legal fees incurred by CITY in preparing this document. Payment of such fees is a condition precedent to CITY's obligations under this Agreement and must be made at or before the time CITY accepts the Improvements. 8. COMPLIANCE WITH LAW. DEVELOPER will comply with all laws applicable to this Agreement including, without limitation, federal, state, and local laws requiring permitting and licenses. All such compliance will be at DEVELOPER's own cost. 9. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 10. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 11. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 12. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver. 13. GOVERNING LAW. This Agreement has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement will be in Los Angeles County. 14. AUTHORITY /MODIFICATION. This Agreement is subject to and conditioned upon approval and ratification by the El Segundo City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. 4,� This Agreement may be modified by written agreement. CITY's City Manager may execute any such amendment on behalf of CITY. 15. BINDING UPON SUCCESSORS. The terms of this Agreement constitute a burden and benefit upon the Property. Accordingly, this Agreement will be recorded and the term will run with the Property and become binding upon the parties and their respective heirs, successors and assigns. 16. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between DEVELOPER and CITY with respect to the subject matter hereof. There are no other understandings, terms or other agreements expressed or implied, oral or written. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY: CITY OF EL SEGUNDO, a municipal corporation Jack Wayt, City Manager ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney IN Karl H. Berger, Assistant City Attorney TPG: TPG -EL SEGUNDO PARTNERS, LLC, a California limited liability company By: THOMAS PROPERTIES GROUP, L. P., a Maryland limited partnership Its Manager By: THOMAS PROPERTIES GROUP, INC., a Delaware corporation Its General Partner By: Dennis Watsabaugh, Vice President i�lti SCALE: 1" =250' EXHIBIT " A t' SHEET 1 OF 1 EASEMENT TO OPERATE, MAINTAIN AND REPAIR UNDERGROUND WATER, RECLAIMED WATER, SANITARY SEWER AND STORM DRAIN IMPROVEMENTS. IN THE CITY OF EL SEGUNDO COUNTY OF LOS ANGELES, STATE OF CALIFORNIA cn — INDICATES PROPERTY COVERED BY EASEMENT PS O M A S Apr. 23, 1000 - 14:06:58 DWQ Nome: W: \ITH0030502 \furvey \IegoIe \STREET EXHIBIT.dwg Updoted By: dhoword � wP� R I I °I"1 I � I w w x V) a z 4 .. 23.5'- ui C6 N CAMPUS DRIVE# w a () z CL CB �� �z o: C a 34' 47' 23.5' �R /W CB kR /W .� i a Cl I N � I W a ---- - - ~ - -- MARIPOSA AVENUE LEGEND C I � </ CB) I 8t' I 34' �. R/W ICB �- 34'MAPLE AVENUE R/W 4 47' 23.5' 2 23.5' w Uj V) I I N V) L N Lo f f a � � � 'CB C CB LnN R R/W i i R/W m � � B I II II 1 R/W 1 1 1 1 ..-52' 1 1 28' 1 1 1 -------------- 18" RCP STORM DRAIN (CB) EXISTING CATCH BASIN �- 24" RCP STORM DRAIN CB NEW CATCH BAS N 36" RCP STORM DRAIN EXISTING STORM DRA N THOMAS PROPERTIES GROUP, LLC Campus El Segundo Public Storm Drain Exhibit PSOMAS DATE: 12 -20 -07 REVISED ON: JOB No.1TH0050302 EXHIBIT B Page 1 of 3 �} THOMAS PROPERTIES GROUP, LLC Campus El Segundo Public Storm Drain Exhibit PSOMAS DATE: 12 -20 -07 REVISED ON: JOB No.1TH0050302 EXHIBIT B Page 1 of 3 �} A��00 WPB o z� Qo >z a I I I' 34' I L - - - - -- � II 1 R/W 34'1APLE A !rj .l I I I 1 I 47' i 23.5' � N 1 1 I WI W i w , A��00 WPB o z� Qo >z a I I I' 34' I L - - - - -- � II 1 R/W 34'1APLE A !rj 47' ' I I 23.5' � N 23.5' I WI W i w , Q ' Z I N n I r d I a f 1 LO L/W I I CD N I CAMPUS DRIVE — �I � ' R/W I �n W rri N i� d N i I 24':- LEGEND-J)" MARIPOSA AVENUE /' EXISTING VCP SEWER �— 8° VCP SEWER --- 10" VCP SEWER 12" VCP SEWER 15" VCP SEWER aT 23.5 , w a N QQ WII U Y i� 06 U-) N LO N VFNl1F _ R/W 23.5' �I 1 I' I 1 kE R/w I R/W I R/W .52' -28' 18" VCP SEWER THOMAS PROPERTIES GROUP, LLC F- N Q O (RAP•C SCALE Campus El Segundo Public Sewer Line Exhibit EXHIBIT B Page 2 of 3 '• 4 P S 0 M A S DATE: 12 -20 -07 REVISED ON: JOB NoI TH0030502 t i I 1 1 I I I I , I I I I I I I , 1 I + i I I 34' I - I I CK I I R/W� z� > V� r� I 34' 34'MAPLE AVENUE j l cco 1 r I + 1 R/W 47' M 47' 23.5' 23.5' 23.5' 23.5' I I w 1 V) (i => w (nc~i> I ' Ln Uj IY I W N QI I I J in M En I Z i N CL it v R/W I Ln o I R/W l Ln-- I N — — — CAMPUS DRIVE - - -- R/W U-) , 0 I " ' wi j I N I D I 1 � I w —a,=OI I I 24' 28' 1 I --------- MAMPOWAVENM ------------------ ------------ LEGEND250 i25 6 GRAFIH�C SC--E -- - -- EXISTING DIP WATER 6" DIP WATER Campus El Segundo Public Water Line Exhibit --- 10" DIP WATER — 12" DIP WATER P S O M A S THOMAS PROPERTIES GROUP, LLC DATE: 12 -20 -07 REVISED ON: JOB No:1TH0030502 SHEET 3 OF EXHIBIT B Page 3 or 3 EL SEGUNDO CITY COUNCIL MEETING DATE: May 20,2009 AGENDA STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding the presentation of fiscal year 2008 -2009 Midyear Financial Review and approval of fiscal year 2009 -2010 Budget Calendar. (Fiscal Impact: none) RECOMMENDED COUNCIL ACTION: (1) Receive and file FY 2008 -2009 Midyear Financial staff report. 2) Direct staff to proceed with Fiscal Year 2009 -2010 Budget Calendar, 3) Alternatively discuss and take other action related to this item ATTACHED SUPPORTING DOCUMENTS: 1.Proposed 2009 -2010 Budget Calendar 2.Report of purchases and contracts $10,001 to $25,000 for the 2nd quarter FISCAL IMPACT: None Amount Budgeted: $0 Additional Appropriation: N/A Account Number(s): None ORIGINATED BY: Angelina Garcia, Fiscal Services Manager REVIEWED BY: Deborah Cullen, Director 9�"Fi ance APPROVED BY: Jack Wayt, City BACKGROUND AND DISCUSSION: Midyear Financial Review Fiscal Year 2008 -2009 Staff has reviewed all revenues and expenditures for midyear Fiscal Year 2008 -2009, with an emphasis on the General Fund, to determine if all sources and uses are on target with the originally adopted budget and to highlight any areas that may end the fiscal year significantly above or below budget. As we review the midyear results and begin the budgeting process for FY 2009 -2010, the City faces uncertain economic times and financial challenges that are unprecedented. The State budget deficit may impact municipalities and further erode our ability to accurately forecast a balanced budget. The good news is that our practice of fiscal conservatism will provide the City some protection during these uncertain times. Although the length of the current recession is unknown, staff will continue to control expenditures and monitor revenues to ensure proactive planning for the City's future. 14 iii Detailed information is provided below, but for summary purposes staff is projecting that revenues will fall short of the adopted budget by $2,580,500. To minimize the projected deficit staff has taken the following actions: • A hiring freeze has been instituted for all vacancies. Approval to fill vacant positions is at the discretion of the City Manager; • Staff has been asked to review all consulting contracts and reduce if possible; and • City overtime is being reviewed for possible saving opportunities. As a result, staff projects expenditures will come in $2,500,500 under the adopted budget, leaving the City with a deficit of $80,000. Currently the City has sufficient General Fund unreserved /undesignated funds available to accommodate the estimated shortfall while maintaining the City's fund policy reserve of 20% of General Fund Expenditures. Currently the unreserved /undesignated General Fund balance is 22% of total General Fund expenditures (net of operating transfers) as of September 30, 2008. With these measures in place staff is confident that the identified deficit will be reduced or minimized. General Fund Revenues The following is a list of major General Fund revenues, and the performance of each source through midyear: Revenue Source Prior Year Midyear FY 2007 -2008 Current Year Midyear FY2008- 2009 Adopted Budget % Received Year -End Estimate Variance Over/ (Under) Business License $ 9,350,572 8,853,910 9,912,700 89.32% 8,943,344 (969,356) Sales & Use Tax 5,037,473 4,953,732 9,149,800 54.14% 9,149,800 Property Tax 3,175,383 3,383,363 5,781,000 58.53% 5,464,325 (316,675) Transient Occupancy (TOT) 2,462,562 2,029,001 4,853,800 41.80% 4,212,259 (641,541) Charges for Services 2,152,206 1 ,974,243 4,444,000 44.42% 4,299,000 (145,000) Electric Utility Tax 1,687,493 1,852,067 3,502,000 52.89% 3,603,858 101,858 Franchise Tax 164,071 184,749 3,319,680 5.57% 3,426,238 106,558 Sales Tax in Lieu 1,808,960 1,733,955 3,200,000 54.19% 3,467,911 267,911 Cogeneration Electric 1,040,029 867,461 2,750,000 31.54% 1,859,223 (890,777) License& Permits 592,940 835,514 1,557,200 53.65% 1,693,947 136,747 Gas Utility Tax 832,437 765,494 1,250,000 61.24% 1,617,068 367,0618 Transfers In 1,970,375 2,383,350 4,931,700 48.33% 4,931,700 - Other Revenues 2,840,125 2,669,564 6,133,070 43.53% 5,535,777 597,293 Total General Fund Revenues $ 33,114,626 32,486,404 60,784,950 53.44% 58,204,450 2,580,500 iJ Sales & Use Tax and Sales Tax in Lieu combined is the City's largest revenue source, accounting for 22% of the General Fund revenues. Sales and Use Tax receipts for the City's October through December sales (4`h quarter for sales tax reporting) were 5.7% higher than the same quarter last year. Actual sales activity was down 0.7% when reporting aberrations were factored out. The City has experienced strong sales in office equipment, home furnishings and restaurants with beer and wine although these gains were partially offset by declines in sales of business services and transportation non -auto. Taxable sales for all of Los Angeles County showed a decline to fourth quarter last year of 13.4 %. The current economy will continue to impact this revenue stream but fortunately the City's diverse sales tax base has provided a bit of stability through midyear. Sales Tax in Lieu is received in two payments each year (January and May) and is currently on target to make budget at yearend. Sales & Use Tax FY 2008 Actual Revenue: $9,573,863 FY 2009 Adopted Budget: $9,149,800 FY 2009 Yearend Estimate: $9,149,800 Sales Tax in Lieu FY 2008 Actual Revenue: $3,197,128 FY 2009 Adopted Budget: $3,200,000 FY 2009 Yearend Estimate: $3,467,911 Business License Tax is the City's second largest General Fund revenue source, accounting for 18% of total revenues. The majority of this revenue stream is collected in January and February, and based on the revenues received in the first 6 months of the fiscal year this category will not meet the adopted budget projection. There have been two impacts to this revenue source; an increase in sales tax credits for this fiscal year and a decrease in the number of businesses in the City. Our records show that there has been a reduction of 359 business licenses issued in this fiscal year coupled with 8% increase in the number of companies receiving sales tax credits that offsets a portion or the entire business license tax. Staff is currently working diligently to identify all new businesses through the AB 163 process and to collect any license taxes due to the City. This category is estimated to end the year below budget by $969,400. Business License Tax FY 2008 Actual Revenue: $9,720,166 FY 2009 Adopted Budget: $9,912,700 FY 2009 Yearend Estimate: $8,943,344 Property Tax is currently 6.55% or $207,980 more than the same period last year. Based on research that staff has performed and discussions with our consultants the housing slowdown has begun to impact this revenue source, and we anticipate ending the year approximately $300,000 below budgeted amounts. We are still expecting an impact from property tax delinquencies county -wide, which affect all cities in the county, since these delinquencies are allocated across all cities within the county, not just to the city in which the delinquency occurs. Our consultants iJ0; expect to have the delinquency rate by July 1 so staff will be able to incorporate this number in FY 2009 -2010 budget. Property Taxes FY 2008 Actual Revenue: $5,919,767 FY 2009 Adopted Budget: $5,781,000 FY 2009 Yearend Estimate: $5,464,325 Real Property Transfer Tax has shown a significant decrease due to the drop in property sales volume. Historically this revenue at midyear is at 38% of budget; however, currently this revenue is only at 11% of budget. This is being driven by the median price of homes and the drop in actual sales. In FY 2007, single- family residential property sales volume was 137 units, with a median sales price of $830,000 and in FY 2008, single- family residential property sales volume was 110 ( a decrease of 19.7 %), with a median price of $693,500 (a decrease of 16.4 %). This revenue source will most likely be below adopted budget by an estimated $311,000. Real Property Transfer Tax FY 2008 Actual Revenue: $303,203 FY 2009 Adopted Budget: $400,000 FY 2009 Yearend Estimate: $ 88,537 Transient Occupancy Tax is currently 17.61% or $433,561 below the same period last year, with 41.80% of budget received. Through the first quarter of FY 2008 -2009, TOT was showing a slight lag compared to the first quarter of FY 2007 -2008, and that trend has continued. Based on staff inquiries the decrease in this category is due to lower than expected occupancy levels driven by the reduction in tourism and business travel. Staff will continue to monitor and report any changes due to the economic conditions at third quarter, but is projecting this revenue source to fall short of the budgeted amount by $641,000. Transient Occupancy Tax FY 2008 Actual Revenue: $4,842,887 FY 2009 Adopted Budget: $4,853,800 FY 2009 Yearend Estimate: $4,212,259 Franchise Tax is currently on target when compared to the same period last year. The majority of this revenue is received in two payments made in April of each year, and based on receipts through April 30`h the City has received $3.4 million, exceeding budget by $106,000. Franchise Tax FY 2008 Actual Revenue: $3,119,995 FY 2009 Adopted Budget: $3,319,680 FY 2009 Yearend Estimate: $3,426,238 iJ� Gas Utility Tax is currently at 61.24% of budget. Based on the uncertainty of the operational status of the local power plant, staff had estimated a decrease in this category for the FY 2008- 2009 budget. The good news is that the local power plant is reporting revenues each month and the City has received unexpected revenues. This revenue source continues to be difficult to forecast. Staff has taken a very conservative approach of not including revenues from the local power plant, which provides the City with a buffer in case the revenue stream does stop completely as had been projected in the past few years. Gas Utility Tax FY 2008 Actual Revenue: $1,831,811 FY 2009 Adopted Budget: $1,250,000 FY 2009 Yearend Estimate: $1,617,068 Cogenerated Electric Utility User's Tax is estimated to come in significantly lower than budget by $891,000 attributable to a reduction in the Short Run Avoided Cost (SRAC), which is the cost that the local refinery pays Southern California Edison (SCE) for electricity purchased and used to value the Cogenerated production for the tax payment. This SRAC formula is tied to changes in natural gas prices, which have dropped unexpectedly and significantly over the past year. Based on staff research, the price for natural gas megawatt per hour in March 2008 was $89 and in March 2009 the price per megawatt hour is $43 and estimates are that the price will continue to drop over the summer months. Cogenerated Electric Utility User's Tax FY 2008 Actual Revenue: $2,504,864 FY 2009 Adopted Budget: $2,750,000 FY 2009 Yearend Estimate: $1,859,223 Interest on Investments has experienced a significant reduction due to the current economic crisis and the result of the Federal Reserve Bank's rate reduction in short-term and long -term interest rates. Additionally, as explained in the first quarter review the City's portfolio at the end of FY 2007 -2008 was significantly impacted by the loss of portfolio value of $3.8 million. This loss was offset with interest gains and at yearend resulted in a net loss of $1.9 million. Currently, the City's portfolio is invested in Local Agency Investment Funds (LAIF) (47% of the portfolio value), money market accounts (5% of the portfolio value), negotiable CD's, (2% of the portfolio value), Federal Agency Issues (20% of the portfolio value), and miscellaneous securities (26% of the portfolio value). The average return on our miscellaneous securities through midyear was 4.8 %, and LAIF was 1.8 %, and with the total average return for entire portfolio being 3.1%. The estimates for the average return at yearend for misc, securities is 3.1 %, LAIF will fall to 1.0 %, and the total average return for the portfolio is estimated to be 2.6 %. These rate reductions will result in a decrease in expected earnings on investments. We are estimating interest income will be lower that budget by $764,000. i J;j Interest on Investments FY 2008 Actual Loss: $ 1,825,582 FY 2009 Adopted Budget: $ 2,200,000 FY 2009 Yearend Estimate: $ 1,435,946 Charges for Services includes Zoning and Planning fees, Plan Check fees, Plan Retention fees, Energy Plan Check fees, and Planning Service fees have a combined budget of $4,444,000, and the City has received $1,974,243 or 44.42% combined through midyear. Staff had factored in the continued slowdown in housing and construction in the budget estimate for FY 2008 -2009, and this revenue group is trending close to the budget estimate. At this time staff is estimating this revenue group to end the year slightly below budget by $281,000. Charges for Services FY 2008 Actual Revenue: $ 4,465,919 FY 2009 Adopted Budget: $ 4,444,460 FY 2009 Yearend Estimate: $ 4,163,846 License and Permits In the first quarter this revenue group recorded revenues of $242,574 over same period last year, primarily due to the issuance of one building permit in the amount of approximately $240,000. At midyear this revenue stream is tracking closely to estimated budget and is anticipated to end the year slightly over budget by $137,000. License and Permits FY 2008 Actual Revenue: $ 1,342,308 FY 2009 Adopted Budget: $ 1,557,200 FY 2009 Yearend Estimate: $ 1,693,947 Total Estimated Revenues Revenues in all other funds appear to be on target. Staff will provide a more in -depth analysis during the second Strategic Planning Session in July 2009. General Fund Expenditures The General Fund expenditures through March 31, 2009 are projected to come in under budget, as illustrated in the following table: The following is summary of General Fund expenditures by major categories: Elected Officials and Administrative Support Services The Elected Officials category, which consists of the City Council, City Clerk and City Treasurer, is currently on target to come in 2.6% under budget. The Administrative Support category, which includes the City Manager's office, Finance and Human Resources, is currently on target to come in 9.3% under budget, primarily due to cost savings on salaries for unfilled positions and cost savings in legal fees. Public Safety The Police Department is projected to come in under budget at year -end, primarily due to cost savings on salaries for unfilled positions. Mid -year expenditures totaled $8,322,233 or 47.25% of budget. The Fire Department is projected to come in under budget at year -end as well, primarily due to cost savings on salaries for unfilled positions. Mid -year expenditures totaled $7,211,274 or 49.35% of budget. JL Ji' (Over) % (Over) Projected Under Under Budget Midyear Year -End Budget Budget Department 08/09 08/09 08/09 (Projected) Projected Elected Officials $ 816,650 371,626 795,153 21,497 2.63% Administrative Support 5,766,950 2,345,570 5,229,873 537,077 9.31% Police 17,611,709 8,322,233 17,075,307 536,402 3.05% Fire 14,613,850 7,211,274 14,368,028 245,822 1.68% Planning /Building Safety 3,361,400 1,174,397 2,461,725 899,675 26.76% Public Works 5,990,900 2,922,521 5,968,336 22,564 0.38% Recreation and Parks 4,647,150 1,892,980 4,378,635 268,515 5.78% Library 2,150,050 990,207 2,150,050 - 0.00% Nondepartment 4,782,290 2,064,858 4,813,340 (31,050) -0.65% Transfers to Other Funds 1,044,000 582,300 1,044,000 - 0.00% Total General Fund Expenditures $60,784,949 27,877,966 58,284,449 2,500,500 4.11% The following is summary of General Fund expenditures by major categories: Elected Officials and Administrative Support Services The Elected Officials category, which consists of the City Council, City Clerk and City Treasurer, is currently on target to come in 2.6% under budget. The Administrative Support category, which includes the City Manager's office, Finance and Human Resources, is currently on target to come in 9.3% under budget, primarily due to cost savings on salaries for unfilled positions and cost savings in legal fees. Public Safety The Police Department is projected to come in under budget at year -end, primarily due to cost savings on salaries for unfilled positions. Mid -year expenditures totaled $8,322,233 or 47.25% of budget. The Fire Department is projected to come in under budget at year -end as well, primarily due to cost savings on salaries for unfilled positions. Mid -year expenditures totaled $7,211,274 or 49.35% of budget. JL Ji' Planning and Building Safety Mid -year expenditures totaled $1,174,397 or 35% of the budget. This department continues to maximize staffing efficiency with consultant resources; this, in turn enables them to more effectively control expenditures when necessary due to the uncertain economic conditions and fluctuation in the volume of permit applicants. This department is projected to come in under budget at year -end. Public Works This function's General Fund divisions consist of Government Buildings, Engineering, Street Services, Street Maintenance, Traffic Safety, Solid Waste Recycling, Wastewater, Storm Drains, Equipment Maintenance and Administration. As of March 31, 2009, the department is right on target with actual expenditures at $2,922,521 or 49% of budget. Recreational, Cultural and Information Services The Recreation, Cultural and Information Services function includes the Recreation and Parks Department and the Library Department. For the first six months of the fiscal year, the Recreation and Parks department is slightly below budget with actual expenditures at $1,892,980 or 41% of budget. Currently, the Parks Division is $870,564 or 19% of budget and the Recreation Division is $1,022,416 or 22% of budget. Library Services is on target with budget at $990,207 or 46.06% of expenditures realized though the first six months of the fiscal year. Nondepartment Nondepartment expenditures are currently projected to come in over budget. This is primarily due to slightly higher retiree health costs than anticipated. Summary With half of the fiscal year complete, General Fund expenditures are at 45.86% of budget and are projected to come in under budget by approximately 4 %. Expenditures and revenues in all other funds appear to be on target with budget. .i J g N O c N 'a C) j N L > `) N O cn C Q1 7 N C O cc9 LL y c `. 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