2009 OCT 6 - CC PACKETAGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 6, 2009 — 6:00 P.M.
Next Resolution # 4622
Next Ordinance # 1434
6:00 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.
SPECIAL ORDER OF BUSINESS:
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et sue.) for the purposes of
conferring with the City's Real Property Negotiator; and /or conferring with the City
Attorney on potential and /or existing litigation; and /or discussing matters covered under
Government Code Section §54957 (Personnel); and /or conferring with the City's Labor
Negotiators; as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(a) -1- matter
1. City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -0-
potential case (no further public statement is required at this time); Initiation of litigation
pursuant to Government Code §54956.9(c): -1- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matters
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
AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 6, 2009 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
Next Resolution # 4622
Next Ordinance # 1434
INVOCATION — Pastor Roger Kinsey, Pacific Baptist Church
PLEDGE OF ALLEGIANCE — Council Member Bill Fisher
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PRESENTATIONS
a. Presentation by the El Segundo Library introducing the "One City, One Book"
event during October and November.
b. Presentation of Certificates of Commendation for the efforts and teamwork which
saved the life of a swim participant at the Urho Saari Swim Stadium on August
27, 2009.
c. Proclamation announcing the month of October 2009 as "Family History Month"
d. Proclamation announcing October 4th through 10th as Fire Prevention Week.
ROLL CALL
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the
Agenda by title only.
Recommendation — Approval.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
1. Consideration and possible action to conduct a Public Hearing on the
operating and capital outlay requests up to $75,000 in the existing Citizens
Option for Public Safety (COPS) Supplemental Law Enforcement Services
Fund (SLESF) account by the Chief of Police. The grant requires that
expenditures will be utilized to supplement "front line law enforcement"
(includes hiring officers, funding special enforcement details, and
purchasing equipment). (Fiscal Impact: $75,000 from COPS grant fund)
Recommendation — (1) Open Public Hearing to consider funding requests from
the Chief of Police; (2) Discussion; (3) Adopt Resolution approving the use of
COPS grant funds to purchase equipment related to supplementation of "front
line law enforcement "; (4) Alternatively discuss and take other action related to
this item.
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C. UNFINISHED BUSINESS
2. Consideration and possible action regarding directing staff to draft another
proposed change to the City's film Ordinance (El Segundo Municipal Code
Section 4 -11) to include allowing potentially unlimited filming days in
commercial and industrial areas that are not within 275 feet of residential
properties (Fiscal Impact: None)
Recommendation — (1) Consideration and possible action to direct staff to draft a
proposed change to the ESMC filming Ordinance to include allowing potentially
unlimited filming days in commercial and industrial areas that are not within 275
feet of residential properties; (2) Alternatively, discuss and take other action
related to this item.
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.
3. Warrant Numbers 2573723 to 2574038 on Register No. 24 in the total
amount of $6,869,291.89 and Wire Transfers from 09/04/09 through 09/24/09
in the total amount of $2,635,721.23.
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 September 15, 2009 and Special
City Council Meeting Minutes of September 17, 2009.
Recommendation — Approval.
5. Consideration and possible action to waive the first reading and introduce
Ordinance No. 1433 adding a new Chapter 10 -5 to the El Segundo Municipal
Code ( "ESMC ") regulating water conservation methods. (Fiscal Impact:
None)
Recommendation — (1) Waive first reading and introduce Ordinance No. 1433;
(2) Alternatively discuss and take other action related to this item.
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6. Consideration and possible action regarding the acceptance of $158,486 in
grant funding from the U.S. Department of Homeland Security, through the
Office of Grants and Training, under Fiscal Year 2008 Urban Areas Security
Initiative (UASI) to pursue training and breathing equipment. (Fiscal Impact:
$158,486)
Recommendation — (1) Authorize the acceptance of $158,486 in grant funds from
the UASI 2008 grant program; (2) Authorize the City Manager to sign an
Agreement with the City of Los Angeles who will serve as grant administrator; (3)
Alternatively discuss and take other action related to this item.
7. Consideration and possible action to allow a banner from the El Segundo
High School Alumni Association to be hung over Main Street at no cost.
(Fiscal Impact: $178)
Recommendation — (1) Approve the request from the El Segundo High School
Alumni Association regarding its banners; (2) Alternatively, discuss and take
other action related to this item.
8. Consideration and possible action regarding the modification of an existing
Alcoholic Beverage Control (ABC) license for on -site sale and consumption
of alcohol (Type 41 — On -Sale Beer and Wine) at an existing restaurant
located at 223 Richmond Street (Second City Bistro), EA No. 828 for AUP
No. 09 -01. In addition, consideration regarding whether to issue an
encroachment permit for 223 Richmond Street in accordance with El
Segundo Municipal Code § 9 -2 -6. Applicant: Scott Reed c/o Second City
Bistro (Fiscal Impact: N /A)
Recommendation — (1) Receive and file this report without objecting to the
modification of a Type 41 ABC license at 223 Richmond Street; (2) Issue an
encroachment permit in accordance with El Segundo Municipal Code ( "ESMC ") §
9 -2 -6, relating to the encroachment into public right -of -ways; (3) Alternatively,
discuss and take other possible action related to this item.
9. Consideration and possible action to approve a Professional Service
Agreement with RRM Design Group for Architectural and Engineering
Service to develop conceptual and final design plans for construction of a
new Beach Lifeguard Station at the El Segundo Beach (south end of the
beach parking lot, at the end of Grand Avenue on Vista Del Mar) with
storage, and public restrooms including a shower and drinking fountain.
(Fiscal Impact: $294,554.00)
Recommendation — (1) Approve a Professional Service Agreement with RRM
Design Group; (2) Authorize the City Manager to execute the agreement in a
form as approved by the City Attorney; (3) Alternatively, discuss and take other
possible action related to this item.
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10. Consideration and possible action regarding the Adoption of Plans and
Specifications and authorization to advertise for bid the Seismic
Strengthening of the 3.1 Million Gallon Water Reservoir at 400 Lomita
Street — Project No PW 09 -13 (Fiscal Impact: $1,500,000.00
Recommendation — (1) Adopt Plans and Specifications; (2) Authorize staff to
advertise the project for receipt of construction bids; (3) Alternatively, discuss and
take other action related to this item.
11. Consideration and possible action regarding the acceptance of the Douglas
Street Gap Closure Project PW 05 -06. (Fiscal Impact: None)
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.
12. Consideration and possible action to extend the City's agreement with
Cassidy & Associates through September 30, 2010, for the provision of
legislative advocacy services in Washington, D.C., and approve federal
work plan (Fiscal Impact: $160,000 for FY 2009 -2010)
Recommendation — (1) Authorize the Mayor to execute the attached agreement
with Cassidy & Associates; (2) Approve the federal advocacy work plan as
outlined in Cassidy & Associates Memorandum of September 22, 2009; (3)
Authorize an additional appropriation of $20,000 from unappropriated reserves;
(4) Instruct the City Manager, affected departments, and the City's Washington,
D.C. advocate to work with the Congressional staff and local government
associations to pursue the City's federal funding and program objectives; (5)
Alternatively, discuss and take other action related to this item.
13. Consideration and possible action to extend the City's agreement with
MWW Group through September 30, 2010, for consultant and advocacy
services related to the City's interests and efforts concerning Los Angeles
International Airport (Fiscal Impact: $87,000)
Recommendation — (1) Authorize the Mayor to execute the attached agreement
with the MWW Group; (2) Alternatively, discuss and take other action related to
this item.
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14. Consideration and possible action to amend the City's agreement with
Shute, Mihaly & Weinberger, for legal services to the City of El Segundo in
connection with Los Angeles International Airport. (Fiscal Impact:
$125,000)
Recommendation — (1) Authorize the Mayor to execute an amendment to
Contract No. 3649 with Shute, Mihaly & Weinberger, in a form approved by the
City Attorney; (2) Alternatively, discuss and take other action related to this item.
15. Consideration and possible action authorizing the recording of the Notices
of Completion and authorizing the City Manager to accept completion of
work for 27 homes related to the City's Residential Sound Insulation
Program's Group 29 (Project No. RSI 08 -17) (Final Contract Amount:
$602,655.89)
Recommendation — (1) Authorize the City Clerk to file the City's Planning and
Building Safety Director's Notice of Completion in the County Recorder's Office;
(2) Authorize the City Manager, or designee, to close out Project No. RSI 08 -17;
(3) Alternatively discuss and take other action related to this item.
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
16. Consideration of whether to deny a proposal to allow: 1) the construction
of a six - story, 71,005 square -foot, 152 -guest suite hotel in -lieu of a six -
story, 61,104 square -foot, 167 -room hotel involving a change in brand from
an Aloft Hotel to a Cambria Suites Hotel; and 2) a Specific Plan to allow a
maximum floor area ratio (FAR) of 0.92 at 101 Continental Boulevard.
Applicant: JF El Segundo Owner, LLC (Fiscal Impact: N /A)
Recommendation — (1) Consider whether to deny a request by JF El Segundo
Owner, LLC to allow for the construction of a 71,005 square -foot, 152 -guest suite
hotel with a 0.92 FAR; (2) Alternatively, receive and file this report. If the City
Council does not deny the request, the applicant may submit an application,
including, without limitation, environmental documentation to comply with the
requirements of the California Environmental Quality Act ( "CEQA "), a Conditional
Use Permit, and a Specific Plan; (3) Alternatively, discuss and take other
possible 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 —
17. Consideration and possible action regarding introduction and first reading
of an Ordinance amending El Segundo Municipal Code § 1 -4 -4 to allow City
Council meetings scheduled for the same date as any regular or special
election as defined by Election Code § 318 to be held on election day.
(Fiscal Impact: None)
Recommendation — (1) Introduce and waive first reading of the Ordinance; (2)
Schedule second reading and adoption of the Ordinance on October 20, 2009;
(3) Alternatively discuss and take other action related to this item
Mayor Pro Tern Busch —
18. Consideration and possible action to direct staff to prepare necessary
documents to return the Transient Occupancy Tax to the pre -1996 rate of
10% on the April 2010 ballot. (Fiscal Impact: Approximately $1,053,000)
Recommendation — (1) Alternatively, discuss and take other action related to this
item.
Mayor McDowell —
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
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MEMORIALS —
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, et sue.) for the purposes of conferring with the City's Real Property
Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or
discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with
the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED: J--eY DATE: //��
TIME: 'el� %L7 I"' vn
NAME: "j, /' / C
10
roclamatt"On
Citp of (El Oegunbo, California
WHEREAS, within our Nation's libraries, genealogical societies and archives lie the
treasured records that detail the history of our Nation, our States, our
communities and our citizens; and
WHEREAS, an ever - growing number of people in our Nation, and in other nations, are
collecting, preserving and sharing genealogies, personal documents and
memorabilia that detail the life and times of families around the world; and
WHEREAS, the study of family history gives individuals a sense of their heritage and a
sense of responsibility in carrying out a legacy that their ancestors began;
and
WHEREAS, interest in our personal family history transcends all cultural and religious
affiliations; and
WHEREAS, the involvement of national, State, and local officials in promoting genealogy
and in facilitating access to family history records in archives and libraries
are important factors in the successful perception of nationwide
camaraderie, support and participation.
NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo,
California, hereby proclaim the month of October 2009 as "Family History Month" and
call upon members of the community to observe the month with appropriate ceremonies
and activities.
. ,��j�r •:_ /Y.� e �ir� � �r . / /C / /.� % /ii;i^� (�i...zrr %: (�iyz�r (..'i /cr���c /��,i -z-
01 i
b. Presentation of Certificates of Commendation for the efforts and teamwork
which saved the life of a swim participant at the Urho Saari Swim Stadium
on August 27, 2009.
c. Proclamation announcing the month of October 2009 as "Family History
Month"
rodamation
ettp of oil beaunbo, California
WHEREAS, Approximately 80% of all United States fire deaths occur in the home, and
every three hours someone looses their life in a home fire, with cooking,
heating and electrical fires representing the three leading causes of home fires;
and
WHEREAS, The vast majority of home fires can be prevented by taking simple safety
precautions; and
WHEREAS, The E1 Segundo Fire Department, which is dedicated to the safety of life and
property from the devastating effects of fires and other emergencies, is joined
by concerned citizens of our community, as well as businesses, the school
district, service clubs and other organizations, in its fire safety efforts.
NOW, THEREFORE, the Mayor and Members of the City Council of the City of El
Segundo, California, in commemoration of the great Chicago Fire of 1871, which killed 250
persons, left 100,000 homeless, and destroyed more that 17,400 buildings, and in order to raise
the awareness in the community of the importance of practicing fire prevention and fire safety
to avoid needless loss of property and life, do herebyproclaim the week of October 4 through
October 10, 2009 as:
FIRE PRE VEzV ION WEEK.
FURTHER, The Mayor and Members of the City Council join Fire Chief Kevin Smith in
inviting the El Segundo community to observe Fire Prevention Week by practicing fire
prevention and fire safety year -round and heeding the message `Stay Fire Smart. Don't Get
Burned'
EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 2009
AGENDA STATEMENT AGENDA HEADING: Special Orders of Business
AGENDA DESCRIPTION:
Consideration and possible action to conduct a Public Hearing on the operating and
capital outlay requests up to $75,000 in the existing Citizens Option for Public Safety
(COPS) Supplemental Law Enforcement Services Fund (SLESF) account by the Chief of
Police. The grant requires that expenditures will be utilized to supplement "front line law
enforcement" (includes hiring officers, funding special enforcement details, and
purchasing equipment). (Fiscal Impact: $75,000 from COPS grant fund)
RECOMMENDED COUNCIL ACTION:
1. Open Public Hearing to consider funding requests from the Chief of Police;
2. Discussion;
3. Adopt Resolution approving the use of COPS grant funds to purchase equipment
related to supplementation of "front line law enforcement."
4. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Draft Resolution
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $75,000
Additional Appropriation: N/A
Account Number(s): 120 - 400 - 0000 -3207
ORIGINATED BY: Bob Turnbull, Captain ,�
REVIEWED BY: David Cummings, Chief (
APPROVED BY: Jack Wayt, City Manager`
BACKGROUND AND DISCUSSION:
In 1996, the Legislature adopted Government Code §§ 30061 to 30064 to provide a block grant
for law enforcement purposes. This legislation, known as the Citizens Option for Public Safety
(COPS), requires a public hearing to consider the expenditure of funds.
In May 2009, the City was awarded $25,000 and approved for acceptance at the August 4, 2009
council meeting. In late August, 2009, we received notification from the County of Los Angeles,
Administrator of the COPS Grant, that our Annual report was due. During the audit of the E1
Segundo COPS account to complete the annual report, it was discovered that two unexpected
additional payments in $25,000 increments were deposited during fiscal year 08/09.
1
U1 5
Additionally, the City was advised by the grant administrator that the City should be awarded an
additional $25,000 prior to the end of September, totaling the $100,000 requirement by statute.
All listed funds are for FY 09/10.
All funds received under this grant must be utilized to supplement law enforcement activities and
cannot be used to supplant existing funding. In the past, the funds have been used to purchase
equipment directly used in "front line law enforcement." This includes replacement handguns
for all officers, less- than - lethal shotguns, tasers, DUI enforcement, and mobile data computers.
It is anticipated that a portion of these funds will be utilized during the fiscal year to purchase
similar equipment. Proposed purchases of equipment or use of these funds must be approved by
Council. Staff recommends the following items as four possible approved utilizations to be
made with the COPS grant funds.
1. Replace /upgrade station video monitoring and recording system.
2. Purchase a PIPS Automated License Plate Recognition System
3. Overtime funding for special enforcement details.
4. Overtime costs associated with training recruit police officers.
Uhl;
RESOLUTION NO.
A RESOLUTION PROVIDING FOR THE IMPLEMENTATION OF
THE CITIZENS OPTION FOR PUBLIC SAFETY (COPS)
PROGRAM.
BE IT RESOLVED by the Council of the city of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. Senate Bill 823 (SB 823) (Poochigian — Local law enforcement funding) was
chaptered into law on April 6, 2002 for supplemental local law enforcement
funding pursuant to the bill;
B. SB 823 provides $100,000,000 statewide for the Citizens for Public Safety
(COPS) Program;
C. The County of Los Angeles has established a Supplemental Law Enforcement
Service Fund (SLESF) in accordance with Section 30061 of the Government
Code to receive SB 823 funds which have been allocated for use in Los Angeles
County;
D. The City of El Segundo participates in the COPS Program and receives its share
of any funds available for the purpose of ensuring public safety; and
E. The City has established its own Supplemental Law Enforcement Service Fund
(SLESF) in accordance with Section 30061 of the Government Code;
F. The City Council has conducted a public hearing to consider funding requests
from the Chief of Police and shall determine the submitted requests as required
by SB 823.
SECTION 2: The City Council directs that the City maintain its own Supplemental Law
Enforcement Service Fund (SLESF) as required pursuant to Government Code §§ 30061 and
30063.
SECTION 3. The City Council requests that the City's share of the funding be allocated to
SLESF for purposes of front -line law enforcement.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution; record this
Resolution in the book of the City's original resolutions; and make a minute of the adoption of
the Resolution in the City Council's records and the minutes of this meeting.
SECTION 5: This Resolution will become effective immediately upon adoption and will remain
effective unless repealed or superseded.
SECTION 6: The City Clerk is directed to certify the adoption of this Resolution; record this
Resolution in the book of the City's original resolutions; and make a minute of the adoption of
the Resolution in the City Council's records and the minutes of this meeting.
SECTION 7: This Resolution will become effective immediately upon adoption and will remain
effective unless repealed or superseded.
PASSED AND ADOPTED this _ day of 12009.
Kelly McDowell,
Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the whole
number of members of the City Council of the City is five; that the foregoing Resolution No.
was duly passed and adopted by said City Council, approved and signed by the
Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said
Council held on the — day of 2009, and the same was so passed
and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Cindy Mortesen,
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
la
Karl H. Berger
Assistant City Attorney
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EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 2009
AGENDA STATEMENT AGENDA HEADING: Unfinished Business
AGENDA DESCRIPTION:
Consideration and possible action regarding directing staff to draft another proposed change to
the City's film Ordinance (El Segundo Municipal Code Section 4 -11) to include allowing
potentially unlimited filming days in commercial and industrial areas that are not within 275 feet
of residential properties. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Consideration and possible action to direct staff to draft a proposed change to the ESMC
filming Ordinance to include allowing potentially unlimited filming days in commercial
and industrial areas that are not within 275 feet of residential properties.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
FISCAL IMPACT: None
Amount Budgeted: $None
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: Steve Jones, Business Services Manager-5J
REVIEWED BY: Deborah Cullen, Director Finance
APPROVED BY: Jack Wayt, City
BACKGROUND AND DISCUSSION:
Subsequent to the September 17, 2009 Special City Council Meeting that was held to discuss
proposed changes to the current filming Ordinance, Council Member Fisher contacted staff
regarding adding another proposed change to the City's filming Ordinance. In short, the current
ordinance places a 20 day filming maximum on all of El Segundo neighbors when the intent of
the subcommittee was only to put a maximum number of filming days on a resident location.
This amendment would provide no filming day limits for industrial and commercial zones (given
that they are not within 275 feet of a residential property). The currently proposed revisions to
the Ordinance would place a 25 day limit on filming unless it is considered no impact filming.
Under the proposed change, neighboring commercial and industrial properties would still have
the right to object to and potentially prevent such filming based upon the protest procedures set
forth in the Section 4 -11 -21 of the ESMC (more than a 50% protest prevents low impact filming,
one protest prevents filming when street closures are required for filming, and more than a 10%
protest by properties located within 275 feet of a filming site prevents filming other than low or
no impact filming).
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While City staff has not identified all of the commercial and industrial properties that would
benefit from this change, it is believed that because of the proximity of homes to the downtown
commercial areas and homes being located throughout most of the Smokey Hollow area, that the
vast majority of the properties that would be affected by this proposed change are located east of
Sepulveda and south of El Segundo Boulevards.
Upon receiving direction on this issue, staff will prepare a draft ordinance for consideration by
the Council at its November 17, 2009 Council Meeting. This will allow sufficient time for the
City to provide 30 days notice of the proposed changes to the California Film Commission as
required by law.
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
09/4/09 THROUGH 09/24/09
Date
Payee
Amount
Description
7/23/2009
Employment Development
(58,643.33)
State Taxes Corr Memo
9/3/2009
Health Comp
499.75
Weekly claims
9/3/2009
Employment Development
389.71
State Taxes
9/3/2009
Employment Development
4,892.18
State Taxes
9/3/2009
Employment Development
50,588.00
State Taxes
9/3/2009
IRS
237,907.04
Federal Taxes
9/4/2009
UNUM
480.00
LTD
9/4/2009
State of CA EFT
1,148.62
Child support payment
9/4/2009
Nationwide EFT
37,297.08
457 payment
9/4/2009
CalPERS
412,443.69
Health premium
9/4/2009
UB
4,562.26
PARS payment
9/4/2009
Manufacturers & Traders
34,572.97
457 payment
9/8/2009
Federal Reserve
150.00
Employee Savings Bond
9/9/2009
Lane Donovan Golf Ptr
20,561.16
Payroll Transfer
9/10/2009
West Basin
1,404,801.33
H2O payment
9/15/2009
Heath Comp
747.78
Weekly claims
9/17/2009
Heath Comp
407.76
Weekly claims
9/17/2009
Employment Development
4,844.09
State Taxes
9/17/2009
Employment Development
50,688.69
State Taxes
9/17/2009
IRS
239,152.71
Federal Taxes
9/18/2009
Federal Reserve
250.00
Employee Savings Bond
9/18/2009
State of CA EFT
1,148.62
Child support payment
9/18/2009
Nationwide EFT
37,476.57
457 payment
9/18/2009
UB
4,648.48
PARS payment
9/18/2009
Manufacturers & Traders
34,524.41
457 payment Vantagepoint
9/21 /2009
La Salle
43,725.00
ABAG
9/23/2009
Lane Donovan Golf Ptr
22,961.18
Payroll Transfer
9/4- 9/24/09
Workers Comp Activity
43,495.48
SCRMA checks issued
2,635,721.23
DATE OF RATIFICATION: 10/06/09
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
DepLfty Citj Treasurer
I t,9-3
Date
Date
D e
2,635,721.23
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
`) 0
P: \City Treasurer \Wire Transfers\2009 \Wire 2009 Qtr 3rd \Wire Transfers 9- 24.xls Cl' 4 �.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, SEPTEMBER 15, 2009 — 5:30 P.M.
5:30 P.M. SESSION
CALL TO ORDER — Mayor ProTem Busch at 5:30 p.m.
ROLL CALL
Mayor McDowell
- Present - arrived at 5:45 p.m.
Mayor Pro Tern Busch
- Present
Council Member Brann
- Present
Council Member Fisher
- Present
Council Member Jacobson
- Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to
communicate to the City Council on behalf of another, and employees speaking on
behalf of their employer, must so identify themselves prior to addressing the City
Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
SPECIAL ORDER OF BUSINESS:
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)
items related to Business License Processing Fees and Firefighter Association
negotiations.
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) -0- matter
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -2-
potential case (no further public statement is required at this time); Initiation of litigation
pursuant to Government Code §54956.9(c): -0- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matters
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
PAGE NO. 1
U, t'J
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
SEPTEMBER 15, 2009
PAGE NO. 2
024
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, SEPTEMBER 15, 2009 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 7:00 p.m.
INVOCATION — Pastor Wes Harding, El Segundo Foursquare Church
PLEDGE OF ALLEGIANCE — Council Member Don Brann
PRESENTATIONS
a. Council Member Fisher presented a Proclamation announcing observance of the
33rd Annual Richmond Street Fair on Saturday, September 26, 2009.
b. Council Member Jacobson presented a Proclamation announcing week of
September 20th through 26th as Volunteer Recognition Week.
C. Mayor McDowell read a Proclamation declaring September 17 through 23, 2009
as Constitution Week.
ROLL CALL
Mayor McDowell
- Present
Mayor Pro Tern Busch
- Present
Council Member Brann
- Present
Council Member Fisher
- Present
Council Member Jacobson
- Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to
communicate to the City Council on behalf of another, and employees speaking on
behalf of their employer, must so identify themselves prior to addressing the City
Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
While all comments are welcome, the Brown Act does not allow Council to take action
on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
Denise Devasquali, South Bay Workforce Investment Group, gave a brief presentation
regarding on the 2008 -2009 4t" quarter summary.
Gail Church, Resident; spoke regarding the water conservation ordinance.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
PAGE NO. 3
Bill Watkins, Resident and Member of the Board of Education; spoke regarding the Joint
Use Agreement. He stated that the State budget to schools was reduced approximately
18 %. He thanked the Council for their past support and any future support they can
accommodate.
Liz Garnholtz, Resident; spoke regarding the budget and City's in -kind support and
funding for the schools.
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 Jacobson 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)
1. Consideration and possible action (Continued Public Hearing) regarding the
Fiscal Year 2009 -2010 Budget (including all City Revenues and Expenditures),
Five -Year Capital Improvement Plan and Adoption of Resolutions approving
Appropriation Limit, Preliminary Budget as amended, and Capital Improvement
Plan as amended. (Copies of the Fiscal Year 2009 -2010 Preliminary Budget can
be found in the Library, City Clerk's office, and on the City's website.) (Fiscal
Impact $118,874,000 in total appropriations; $111,975,950 in total estimated
revenues and prior year designations of $6,898,050.) (Fiscal Impact: None)
Mayor McDowell stated this is the time and place hereto fixed for a continued public
hearing regarding the Fiscal Year 2009 -2010 Budget (including all City Revenues and
Expenditures), Five -Year Capital Improvement Plan and Adoption of Resolutions
approving Appropriation Limit, Preliminary Budget as amended, and Capital
Improvement Plan as amended. (Copies of the Fiscal Year 2009 -2010 Preliminary
Budget can be found in the Library, City Clerk's office, and on the City's website.).
Clerk Mortesen stated that proper notice was completed and one written communication
had been received by City Clerk's Office and had been copied to Council and copies
provided for the public.
Deborah Cullen, Finance Director, gave a presentation.
Chris Thomason, El Segundo Firefighter Association President; spoke regarding the
proposed budget adoption and the reduction in staffing in the Fire Department.
MOTION by Council Member Jacobson, SECONDED by Council Member Brann to
close the Public Hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Mark Hensley, City Attorney, read by title only:
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
PAGE NO. 4 n
li1�.iU
RESOLUTION NO. 4615
A RESOLUTION ADOPTING THE 2009 -2010 FINAL OPERATING BUDGET FOR THE
CITY OF EL SEGUNDO AND ADOPTING THE 2009 -2010 CAPITAL IMPROVEMENT
BUDGET.
MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Fisher to adopt
Resolution No. 4615 adopting the 2009 -2010 Final Operating Budget and Five -Year
Capital Improvement Plan for the City of El Segundo, as amended in Section 4, to
reduce expenditures in the General Fund by $230,000 at the discretion of the City
Manager, and Section 5, transferring funds from the Capital Improvements Budget to
the General Fund to maintain the current funding to the El Segundo Unified School
District for Fiscal Year 2009 -2010 at $400,000. MOTION PASSED BY THE
FOLLOWING VOICE VOTE: AYES: MCDOWELL, BUSCH, FISHER, BRANN; NOES:
JACOBSON. 4/1
Mark Hensley, City Attorney, read by title only:
RESOLUTION NO. 4616
A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL SETTING ITS
APPROPRIATIONS LIMIT FOR FISCAL YEAR 2009 -2010 IN ACCORDANCE WITH
ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION.
MOTION by Council Member Busch, SECONDED by Council Member Fisher to adopt
Resolution No. 4616 setting its Appropriations Limit for Fiscal Year 2009 -2010 in
accordance with Article XIIIB of the California Constitution. 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.
2. Approved Warrant Numbers 2573484 to 2573723 on Register No. 23 in the total
amount of $686,552.61 and Wire Transfers from 08/21/09 through 09/03/09 in
the total amount of $233,660.86. 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.
3. Approved Regular City Council Meeting Minutes of September 1, 2009.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
PAGE NO. 5
4. Approved ongoing service agreements, amendments and issuance of blanket
purchase orders for Fiscal Year 2009/2010 in excess of $25,000 for the City
Manager's Office. (Fiscal Impact: $167,100) Authorized the City Manager to
execute a contract amendment and /or purchase order with Tyler Technologies
for maintenance of the existing Eden finance system, as approved to form by the
City Attorney, not to exceed $27,100; Authorized the City Manager to execute a
contract amendment and /or purchase order with Shannon David, Inc. for
professional services with the City's business recruitment and marketing,
program, as approved to form by the City Attorney, not to exceed $140,000.
5. Waived the formal bidding process pursuant to the El Segundo Municipal Code
Section §1 -7 -10 and authorized the Fire Department to piggy back on a City of
Orange Fire Department contract #78E45 for the purchase of a replacement fire
engine from Seagrave Fire Apparatus, LLC. (Fiscal Impact: $566,421)
6. Authorized the El Segundo Fire Department to waive the bidding process per El
Segundo Municipal Code §1 -7 -10 to purchase medical and pharmaceutical
supplies, and piggyback on the City of Berkeley's Bound Tree Medical, Inc.
( "Bound Tree ") Bid #09- 10348 -C, and authorized issuance of a blanket purchase
order to Bound Tree for FY 2009 -2010 for medical and pharmaceutical supplies;
Authorized the issuance of a blanket purchase order for FY 09 -10 to UCLA
Center for Pre - Hospital Care for continuing education, defibrillation training and
AED program oversight.
7. Authorized staff to continue to purchase gasoline and diesel fuel for City vehicles
and equipment through the use of spot market purchasing in an amount not to
exceed $321,000; Authorized the issuance of a blanket purchase order to
Metron Farnier & Actaris in an amount not to exceed $50,000 for the purchase of
single jet water meters for the City's water system; Authorized the issuance of a
blanket purchase order to Blue Diamond Materials, a division of Sully Miller
Contracting Company in an amount not to exceed $50,000 for the purchase of
asphalt paving materials for Street Maintenance Division projects.
8. Authorized the City Manager to extend ongoing service agreements with Baker &
Taylor Information Services for supplying books and other library materials, and
issuance of a blanket purchase order not to exceed $91,000; Authorized the City
Manager to amend /extend Contract #2235 to Innovative Interfaces, Inc., for
library computer network system maintenance and issuance of a blanket
purchase order not to exceed $30,000.
9. Authorized the City Manager to amend /extend Contract #3907, for ongoing
service agreements, as approved by the City Attorney, with U.S. Healthworks
Medical group, for pre - employment physical examinations and protocols for the
El Segundo Police Department (not to exceed $15,000), and occupational injury
and illness services and related medical testing (not to exceed $30,000), and
issuance of a Blanket Purchase Order, with a combined total not to exceed
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
PAGE NO. 6
(), 4 8
$45,000; Authorized the City Manager to amend /extend Contract #3912, for
ongoing service agreements, as approved by the City Attorney with Westchester
Medical Group /Center for Heart and Health for employee's Fitness for Duty
Examinations (not to exceed $60,000) and Executive Physical examinations (not
to exceed $10,000), and issuance of a Blanket Purchase Order, with the
combined total not to exceed $70,000.
10. Adopted Resolution No. 4617 establishing Basic Monthly Salary Ranges for the
job classifications of Community Cable Program Manager, Principal Engineer,
Residential Sound Insulation Manager, Senior Network Assistant, and Senior
Video Technician II (part- time); Adopted Resolution No. 4618 establishing new
Hourly Pay Rates for the City's unrepresented, Part-time, Temporary job
classifications; Approved the proposed Class Specifications for the job
classifications of Network Assistant, Principal Engineer, Senior Network
Assistant, and Senior Video Technician II; Approved the Examination Plan for
Senior Network Assistant.
11. PULLED FOR DISCUSSION BY COUNCIL MEMBER BRANN
12. PULLED FOR DISCUSSION BY COUNCIL MEMBER BRANN
13. Authorized the issuance of a blanket purchase order to Lane Donovan Partners,
LLC (Agreement # 3399) to provide management services for The Lakes at El
Segundo municipal golf course for an amount not to exceed $108,000;
Authorized the City Manager to enter into a contract for professional services .
with the South Bay Children's Health Center Association for the South Bay Youth
Project on -site counseling services at El Segundo Unified School District facilities
for an amount not to exceed $33,018; Authorized the City Manager to
amend /extend Agreement #3476 for ongoing maintenance agreement with Great
Scott Tree Service Inc. The extension will be for two (2) years commencing on
October 1, 2009 and ending on September 30, 2011 with three (3) one (1) year
renewal periods to be renewed upon mutual consent of the parties ending
September 30, 2014. Total cost for services not to exceed $100,000.
14. Waived second reading and adopted Ordinance No. 1432 for a zone change
from the General Commercial (C -3) Zone to the Corporate Office (CO) Zone on
the site located at 900, 950 and 960 Sepulveda and 901 and 915 Selby Street.
Applicant: The Boeing Company (Fiscal Impact: None)
15. Approved a budget appropriation for $150,000 to provide building plan check
consulting services; Authorized the City Manager to execute the Second
Amendment to the Professional Services Agreement with J. Lee Engineering Inc.
to provide building plan check consulting services for the Planning and Building
Safety Department through September 30, 2010 for Fiscal Year 2009 -10, in a
form approved by the City Attorney, to increase the amount in the agreement and
purchase order by $150,000 and to extend the term to expire on September 30,
2010.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
PAGE NO. 7
i21 �-
16. Approved a budget appropriation for $100,000 to provide building plan check
consulting services; Authorized the City Manager to execute the amendment to
the existing agreement with JAS Pacific to provide building inspection consulting
services in a form approved by the City Attorney, to increase the amount in the
agreement and purchase order by $100,000 and to extend the term for one year
through September 30, 2010.
17. Approved a budget appropriation for $50,000 to provide storm water plan review
services and implementation support of the City's Standard Urban Storm Water
Mitigation Plan (SUSWMP) Ordinance No. 1329; Authorized the City Manager to
execute the amendment to the existing agreement with John L. Hunter and
Associates, Inc. to provide plan review and inspection services in compliance
with SUSWMP Ordinance No. 1329 and extend the term for one year through
September 30, 2010.
18. Approved a budget appropriation of $80,000 to provide planning consulting
services; Authorize the City Manager to execute the Second Amendment to the
Professional Services Agreement with Willdan, in a form approved by the City
Attorney, to increase the amount in the agreement and purchase order by
$80,000 and to extend the term to expire on September 30, 2010 for planning
consulting services.
19. Authorized the City Manager to execute a one -year contract with the West
Covina Service Group for Computer Aided Dispatching /Records Management
System, Mobile Data Computer maintenance and operations, not to exceed
$68,500; Authorized the City Manager to execute a one -year contract with
Motorola for two -way radio repair and maintenance of the Communication
Center's radio assets and infrastructure, not to exceed $75,000; Authorized the
City Manager to execute a one -year contract with the Society for the Prevention
of Cruelty to Animals Los Angeles for animal sheltering services, not to exceed
$28,200; Authorized the City Manager to execute a one -year contract with
Duncan Solutions (formerly Enforcement Technology Inc.) for processing of
parking citations /collections, not to exceed $77,000; Authorized the City Manager
to execute a one -year contract with AT &T Connection Services for
communications related to mobile data computers and radio sites, not to exceed
$27,500.
20. Received and filed the revised Public Hearing date of November 3, 2009, to
consider proposed water service rate increases associated with providing water
services to property located in the City of El Segundo. (Fiscal Impact: None)
21. Awarded Contract No. 3991 to The Jones Payne Group for Design and Testing
Services related to the Residential Sound Insulation Program (Fiscal impact:
$945,220); Authorized the City Manager to execute a contract in a form approved
by the City Attorney.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
PAGE NO. 8
22. Approved Employment Agreement No. 3992 with Robert Hyland for the position
of Director of Human Resources, effective September 15, 2009. (Fiscal Impact:
$73,500) Authorized the City Manager to execute the agreement.
23. Approved Employment Agreement No. 3993 with David Cummings for the
position of Police Chief, effective September 15, 2009. (Fiscal Impact: $106,560)
Authorized the City Manager to execute the agreement.
24. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON
24A. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON
MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Fisher to approve
Consent Agenda items 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22,
and 23. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
11. Consideration and possible action regarding two adoption of Resolutions
providing for salary increases and benefit changes to Chapter 1A2
(Management - Confidential Series - includes all non - represented employees,
except the City Manager) of the El Segundo Administrative Code. (Fiscal Impact:
$130,965 Executive Management, Mid- Management/Confidential Employees.
$92,300 Public Safety Management Employees. Total Fiscal Impact $223,265.)
MOTION by Mayor Pro Tem Busch, SECONDED by Mayor McDowell to adopt
Resolution No. 4619, providing for salary and benefit changes to Chapter 1A2
Management - Confidential Series and Resolution No. 4620, adopting the Nationwide
Retirement Solutions Governmental Deferred Compensation Matching Plan and Trust.
MOTION PASSED BY THE FOLLOWING VOTE AYES: MCDOWELL, BUSCH,
FISHER, JACOBSON; NOES: BRANN. 4/1
12. Adopted Resolution No. 4621 approving a three -year Memorandum of
Understanding (Labor Agreement) No. 3994 between the City of El Segundo and
California Teamsters Public, Professional and Medical Employees Union, Local
911, Supervisory and Professional Employees' Bargaining Unit. (Fiscal Impact:
$162,470 in first year of Agreement.)
MOTION by Mayor Pro Tern Busch, SECONDED by Mayor McDowell to approve item
12. MOTION PASSED BY THE FOLLOWING VOTE: AYES: MCDOWELL, BUSCH,
FISHER, JACOBSON; NOES: BRANN. 4/1
24. Consideration and possible action regarding the adoption of Ordinance No. 1433
adding a new Chapter 10 -5 to the El Segundo Municipal Code ( "ESMC ")
regulating water conservation methods and amending ESMC §§ 1 -2A -1, 1 -2A -2,
and 1 -2A -3 to enforce Chapter 10 -5 with administrative citations. (Fiscal Impact:
None)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
PAGE NO. 9
C. 31
24A. Supplemental staff report for Consent Agenda Item. No. 24 regarding
consideration and possible action regarding the adoption of Ordinance No. 1433
adding a new Chapter 10 -5 to the El Segundo Municipal Code ( "ESMC ")
regulating water conservation methods and amending ESMC §§ 1 -2A -1, 1 -2A -2,
and 1 -2A -3 to enforce Chapter 10 -5 with administrative citations. (Fiscal Impact:
None)
Council consensus to direct staff to amend the Ordinance and return for introduction at
the next regular meeting with a proposed plan for educating the public and a program
for community education. The Ordinance to take effect on January 1, 2010.
F. NEW BUSINESS
G. REPORTS — CITY MANAGER — NONE
H. REPORTS — CITY ATTORNEY — NONE
REPORTS — CITY CLERK — NONE
J. REPORTS — CITY TREASURER — NONE
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Brann —
Item 25 was discussed during the Public Hearing on the FY 2009 -2010 Annual Budget.
25. Consideration and possible action to amend the City Manager's FY 2009 -2010
Budget recommendation for City financial assistance to El Segundo Unified
School District with a one -time budget augmentation of $150,000 above the base
annual cash contribution of $250,000 provided under the terms of the Funding
Agreement. (Fiscal Impact: Proposed Budget $250,000; Additional Request
$150,000; Total $400,000)
Announced his availability to meeting with city residence on September 23, 2009, from
10:00 a.m. to 2:00 p.m. at City Hall.
Council Member Fisher —
Congratulated the Tree Musketeers on their Grand Opening and the Environmental
Enhancement and Mitigation Grant they received that will allow for residents to receive
a tree.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
PAGE NO. 10
Ujw
Council Member Jacobson —
Spoke regarding the SCE event he attended and the upgrades that they are
implementing.
26. Consideration and possible action to direct staff to prepare an amendment to the
General Plan and process the re- zoning of the property located at 1916 E.
Imperial Highway. (Fiscal Impact: none)
MOVED by Council Member Jacobson, SECONDED by Mayor Pro Tern Busch to direct
staff to prepare an amendment to the General Plan and process the re- zoning of the
property located at 1916 E. Imperial Highway. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
Mayor Pro Tern Busch — NONE
Mayor McDowell —
Spoke regarding the Police and Fire Associations Pancake Breakfast held on Saturday,
September 12th. He also spoke regarding the Star Party this Friday at Hilltop Park.
Congratulated Steve Bradford, Southern California Edison, on his recent election to the
51St State Assembly District.
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.
Bill Watkins, Resident and School Board Member, thanked the Council for their support
of the Schools.
MEMORIALS — Birth of Preston Thomas Polis
CLOSED SESSION — NONE
ADJOURNMENT at 8:50 p.m.
Cindy Mortesen, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
PAGE NO. 11
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SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
THURSDAY, SEPTEMBER 17 — 6:00 P.M.
City Hall
City Council Chamber
350 Main Street
El Segundo, California 90245
A. CALL TO ORDER - 6:00 P.M.
Mayor McDowell led the Pledge of Allegiance
ROLL CALL:
Mayor McDowell - Present
Mayor Pro Tern Busch - Absent — Not participating due to a potential
conflict regarding his employer
Council Member Brann - Present
Council Member Fisher - Present
Council Member Jacobson- Present
B. PUBLIC COMMUNICATIONS (5 Minute Limit)
Jim Garza, Principal, El Segundo High School, and Resident; spoke in favor of changing
the Ordinance to expand filming days from 20 to 40.
Laura Brown - Markle, Resident; spoke in favor of changing the Ordinance to expand
filming days from 20 to 40.
Ray Gin, Resident and Teacher; spoke in favor of changing the Ordinance to expand
filming days from 20 to 40.
Nancy Cobb, Resident and Teacher; spoke in favor of changing the Ordinance to
expand filming days from 20 to 40.
Anna Zuke, Resident; spoke in favor of changing the Ordinance to expand filming days
from 20 to 40.
Wade Stevens, Resident; spoke regarding enforcement issues and of changing the
Ordinance to expand filming days from 20 to 40. He also supports the hiring of a monitor
for each production.
Susanne Fuentes, Resident; encouraged the Council not to change the Ordinance and
expand the number of allowable filming days.
Beth Murida, Resident; spoke in favor of changing the Ordinance to expand filming days
from 20 to 40.
Dora Polk, Resident; spoke against the changing the Ordinance.
x;34
Robin Funk, Resident; spoke in favor of changing the Ordinance to expand filming days
from 20 to 40. Suggested trying the expanded days for one year and then re- evaluate.
Stephanie Burns, Resident and Teacher; spoke in favor of changing the Ordinance to
expand filming days from 20 to 40. Suggested trying the expanded days for one year
and then re- evaluate.
C. BUSINESS
1. Consideration and discussion regarding the City's filming Ordinance and
regulations. (Fiscal Impact: None)
City Manger Jack Wayt expanded on the "filming day" definition.
MOTION by Council Member Brann, SECONDED, by Council Member Fisher to
amend ESMC 4 -11 -2 to change the term "impact zone" to "proximity zone ".
MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MCDOWELL,
FISHER, AND BRANN; NOES: JACOBSON. 3/1
2. MOTION by Council Member Fisher, SECONDED, by Council Member Brann to
amend ESMC 4 -11 -2 to change the definition "no impact filming" to be defined as
filming that occurs pursuant to the terms of a valid permit that is conducted in a
manner where light, sound, smell, or vibrations resulting from the filming, or
activities ancillary to filming, is imperceptible to properties near the filming site.
MOTION PASSED BY THE FOLLOWING VOICE VOTE; AYES, MCDOWELL,
FISHER, AND BRANN; NOES: JACOBSON. 3/1
3. MOTION by Council Member Brann, SECONDED, by Council Member Fisher to
amend ESMC 4 -11 -16 to authorize the City Manager to promulgate administrative
policies and procedures which would require some film permittees to use
particular types of equipment and utilize filming monitors..MOTION PASSED BY
UNANIMOUS VOICE VOTE. 4/0
4. MOTION by Council Member Fisher to amend ESMC 4 -11 -17 to increase the
maximum film days for a filming site from twenty days to forty days. There would
be no maximum filming days for no impact filming. If there are no neighbor
protests, filming days could be added to a film permit. MOTION FAILED FOR
LACK OF SECOND.
MOTION by Council Member Fisher, SECONDED by Council Member Brann to
include that if no neighbor protests, filming days could be added to a film permit.
MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MCDOWELL,
FISHER, AND BRANN; NOES: JACOBSON. 3/1
MOTION by Council Member Fisher, SECONDED by Council Member Brann to
amend ESMC 4 -11 -17 to increase the maximum film days for a filming site from
twenty days to forty days. MOTION FAILED BY THE FOLLOWING VOICE
VOTE: AYES: FISHER AND BRANN; NOES: MCDOWELL AND JACOBSON. 2/2
2 (1 J .1
MOTION by Council Member Fisher, SECONDED by Council Member Brann to
amend ESMC 4 -11 -17 to increase the maximum film days for a filming site from
twenty days to thirty days. MOTION FAILED BY THE FOLLOWING VOICE
VOTE: AYES; FISHER AND BRANN; NOES: MCDOWELL AND JACOBSON. 2/2
MOTION by Council Member Fisher, SECONDED by Council Member Brann to
amend ESMC 4 -11 -17 to increase the maximum film days for a filming site from
twenty days to twenty -five days. MOTION PASSED BY THE FOLLOWING VOICE
VOTE: AYES: MCDOWELL, FISHER, AND BRANN; NOES: JACOBSON. 3/1
5. Amend ESMC 4 -11 -23 to require filming, and all ancillary activities, to cease at
9:00 p.m. and prohibit filming on weekends. NO ACTION TAKEN.
6. MOTION by Council member Jacobson, SECONDED by Council Member Brann
to not prohibit or restrict filming in Library Park. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 4/0
7. MOTION by Council Member Jacobson, SECONDED by Council Member Fisher
to reduce the range of the "proximity zone" from 300 feet to 275 feet. MOTION
PASSED BY UNANIMOUS VOTE. 4/0
8. MOTION Council Member Jacobson, SECONDED by Mayor McDowell to redefine
non - impact by separating residential from non - residential. Residential non - impact
zones would be the portion of the zone outside of the 275 "proximity zone."
MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0
9. MOTION by Council Member Jacobson, SECONDED by Council Member Fisher
to prohibit filming activity after 9 p.m., except on strike days (when filming is
complete and the company leaves location). MOTION PASSED BY UNANIMOUS
VOICE VOTE. 4/0
10. MOTION by Council Member Jacobson, SECONDED by Council Member Fisher
to closely define still photography and commercial still photography. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 4/0
11. Council consensus to have staff return to Council with a recommendation on
adjusting the year so that it is uniform and easily applied.
12. MOTION by Council Members Jacobson, SECONDED by Council Member Fisher
to allow no impact filming on weekends. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 4/0
13. MOTION by Council Member Fisher, SECONDED by Mayor McDowell to revise
the notification procedures for impacted residents to be non - intrusive. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 4/0
u i 0
14. MOTION by Council Member Jacobson, SECONDED by Mayor McDowell to
establish a static central number to call for complaints that can directly forwarded
to the film monitor on any project. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 4/0
D. ADJOURNMENT at 8:00 p.m.
Cindy Mortesen
City Clerk
EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to waive first reading and introduce Ordinance No. 1433
adding a new Chapter 10 -5 to the El Segundo Municipal Code ( "ESMC ") regulating water
conservation methods. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1- Waive first reading and introduce Ordinance 1433.
2- Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Ordinance No. 1433
Council Staff Report (including attachments) for September 15, 2009
Supplemental Council Staff Report (including attachments) for September 15, 2009
Council Staff Report (including attachments) for September 1, 2009
Council Staff Report (including attachments) for April 21, 2009
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $NA
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: Dana Greenwood, Director of Public Works ,
REVIEWED BY: Karl Berger, Assistant City ttorney
APPROVED BY: Jack Wayt, City Manage/Q�
BACKGROUND AND DISCUSSION:
During its September 1, 2009 meeting, the City Council considered an Ordinance that would add
a new Chapter 10 -5 to the Municipal Code. The Ordinance was introduced at that time and the
second reading (incorporating requested changes) and adoption was scheduled for September 15,
2009.
At the September 15, 2009 City Council meeting, the City Council made additional changes to
the previously introduced ordinance. These changes were incorporated into the draft ordinance.
Consequently, the ordinance must be again introduced.
The substantive changes to the ordinance include the following:
• A change to the definition of "responsible person ";
• A change to Section 10 -5 -5, imposing a 15 minute limitation on watering;
038
• Adding Section 10 -5 -24 which requires that at least one written warning must be given to
persons upon the first violation of the chapter;
• Direction to the city manager to institute a public education campaign regarding the new
regulations; and
• Making the ordinance effective on January 1, 2010.
030
ORDINANCE NO.
AN ORDINANCE ADDING A NEW CHAPTER 10 -5 TO THE EL SEGUNDO
MUNICIPAL CODE ( "ESMC ") ESTABLISHING WATER CONSERVATION
MEASURES IN ACCORDANCE WITH WATER CODE § 375 AND
AMENDING ESMC §§ 1 -2A -1, 1 -2A -2, AND 1 -2A -3 TO ENFORCE ESMC
CHAPTER 10 -5 WITH ADMINISTRATIVE CITATIONS.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds as follows:
A. Protecting, conserving, and managing water supplies is an issue of
municipal concern. Contamination, drought, or damage to the City's
potable water infrastructure can lead to a water emergency.
B. The City receives all of its water from the West Basin Municipal Water
District ( "WBMWD ") and Metropolitan Water District of Southern California
( "MWD "; collectively, "Districts ").
C. It is in the public interest for the City to enact regulations for distribution
and use of potable water including, without limitation, water conservation
programs to encourage efficient water use and discourage waste.
SECTION 2: El Segundo Municipal Code ( "ESMC ") §§ 1 -2A -1, 1 -2A -2, and 1 -2A -3 are
amended to read as follows:
"1 -2A -1: Purpose.
This chapter is adopted pursuant to the city's police powers and Government Code
§ 53069.4 for the purpose of making any violations of El Segundo Municipal Code
§§ 5 -4 -1 to 5 -4 -13 (entitled "Storm Water and Urban Runoff Pollution Control') and
§§ 10 -5 -1 to 10 -5 -23 (entitled "Water Conservation ") subject to an administrative
fine and to set forth the procedures for the imposition and collection of such fines.
1 -2A -2: Applicability.
This chapter provides for administrative citations that are in addition to all other legal
remedies, criminal or civil, which the city may pursue to address violations of the
Storm Water Code and Water Conservation Code. The use of this chapter is at the
sole discretion of the code enforcement officer.
1 -2A -3: Definitions:
Unless the contrary is stated or clearly appears from the context, the following
definitions govern the construction of the words and phrases used in this chapter:
U4t�
"Water Conservation Code" means §§ 10 -5 -1 to 10 -5 -24 of the El Segundo
Municipal Code and any federal, state, or local regulation enforced by and through
the Water Conservation Code including, without limitation, pertinent provisions of
Titles 13 and 15 of this Code."
SECTION 3: A new Chapter 10 -5, entitled Water Conservation, is added to the ESMC
to read as follows:
"CHAPTER 10 -5
WATER CONSERVATION
10 -5 -1:
Purpose.
10 -5 -2:
Definitions.
10 -5 -3:
Water Conservation Program.
10 -5 -4:
Repair of Plumbing, Sprinkler and Irrigation System.
10 -5 -5:
Watering /Irrigation.
10 -5 -6:
Miscellaneous Restrictions.
10 -5 -7:
Commercial Car Washes.
10 -5 -8:
Washing of Equipment and Machinery.
10 -5 -9:
Cleaning of Structures.
10 -5 -10:
Cleaning of Surfaces.
10 -5 -11:
Water Spillage.
10 -5 -12:
Swimming Pools and Spas.
10 -5 -13:
Fountains, Decorative Basins, Ponds, Waterways.
10 -5 -14:
Cooling Systems.
10 -5 -15:
Commercial Laundry Facilities.
10 -5 -16:
Visitor - Serving Facilities.
10 -5 -17:
Restaurants.
10 -5 -18:
Construction.
10 -5 -19:
Use of Hydrants.
10 -5 -20:
Indiscriminate Use.
10 -5 -21:
Public Health and Safety.
10 -5 -22:
Water shortage contingency measures.
10 -5 -23:
Relief from compliance.
10 -5 -24:
Enforcement.
10 -5 -1: Purpose.
This Chapter is adopted pursuant to Water Code § 375 for the purpose of
establishing water conservation requirements and implementing contingency
measures in the event of water shortages.
10 -5 -2: Definitions.
A .#
2 C, 41
Unless the contrary is stated or clearly appears from the context, the
following definitions govern the construction of the words and phrases used
in this Chapter.
"Impervious surface" means a constructed or modified surface that cannot
effectively percolate water. The terms includes, without limitation, sidewalks,
driveways, gutters, and roads.
"Person" means a natural or corporate person who receives potable water
service from the City.
"Programmed" means a weather -based or senor -based irrigation controller
that was programmed in accordance with manufacturer's instructions and
site - specific conditions.
"Responsible person" means the person responsible for daily operations of
each residential or commercial premises located within the City's jurisdiction
including, without limitation, the property owner.
"Sensor -based irrigation controller' means an irrigation controller that
operates based upon input received from any combination of sensors such
as rain, light, and soil moisture, installed within or around an irrigated
landscape area.
"Weather -based irrigation controller" means an irrigation controller that
operates based on evapotranspiration rates and historic or real -time weather
data.
10 -5 -3: Water Conservation Program.
All water customers are required to adopt and put into use at the earliest
possible date drought water conservation programs.
10 -5 -4: Repair of Plumbing, Sprinkler and Irrigation System.
Responsible persons must, as soon as practicable, but not later than forty -
eight (48) hours after such person first discovers water leaks, commence
repair of any leaking pipes, faucets, plumbing fixtures, other water service
appliances, sprinklers, watering or irrigation systems, or distribution systems
and promptly complete such repair work, unless a waiver is obtained from
the City.
10 -5 -5: Watering /Irrigation.
Except as otherwise provided by this Section, it is unlawful for any person to
water their lawn or landscaping or permit their lawn or landscaping to be
3 C,, el
watered between the hours of nine (9:00) AM and five (5:00) PM. It is
unlawful for any person to water their lawn or landscaping or permit their
lawn or landscaping to be watered for a period longer than fifteen (15)
minutes per station each day. Notwithstanding these prohibitions, the
following is permitted:
A. Persons may operate an irrigation system between 9:00 AM and 5:00 PM
for the purpose of installing, repairing or routine maintenance of the same;
B. Persons may water between the hours of 9:00 AM and 5:00 PM using any
of the following methods:
Properly programmed weather -based and /or sensor -based
irrigation controllers;
2. Drip irrigation;
3. By hand, using a bucket; or
4. By hand, using a hose with an automatic shutoff nozzle.
10 -5 -6: Miscellaneous Restrictions. The following are unlawful for any person:
A. Allowing grass, lawns, groundcover, shrubbery, and open ground to be
watered at any time while it is raining.
B. Operating landscape irrigation system(s) that allow overspray or excess
runoff onto impervious surfaces (such as sidewalks, driveways, v- ditches,
gutters and roadways).
C. To use a water hose to wash any vehicle including, without limitation,
cars, trucks, boats, trailers, recreational vehicles, or campers, or any other
aircraft, tractor, or any other vehicle, or any portion thereof, unless the
hose is equipped with an automatic shutoff nozzle. Except for individual
residential vehicle washing, all wash water from vehicle washing /cleaning
activity must be prevented from discharging to the stormwater drainage
system.
10 -5 -7: Commercial Car Washes.
A. It is unlawful for commercial car wash facilities to permit the washing of
any boat or vehicle in such facility or on its premises, other than by the
following methods:
1. Use of mechanical automatic car wash facilities utilizing water
recycling equipment or utilizing recycled water;
4 0113
2. Use of a hose that operates on a timer for limited time periods and
shuts off automatically at the expiration of the time period;
3. Use of a hose equipped with an automatic shutoff nozzle; or
4. Use of bucket and hand washing.
B. All wash /rinse water must be captured and recycled or discharged into the
sanitary sewer system.
C. All new commercial conveyor car wash facilities must be equipped with a
water recycling system.
10 -5 -8: Washing of Equipment and Machinery.
It is unlawful for any person to use a water hose to wash any type of
equipment or machinery, or any portion thereof, unless the hose is equipped
with an automatic shutoff nozzle. All wash water from such washing/cleaning
activity must be prevented from discharging to the stormwater drainage
system.
10 -5 -9: Cleaning of Structures.
It is unlawful for any person to use water through a hose to clean the exterior
of any building or structure unless such hose is equipped with a shutoff
nozzle. All wash water from such activity must be prevented from
discharging to the stormwater drainage system.
10 -5 -10: Cleaning of Surfaces.
It is unlawful for any person to use water through a hose to clean any
sidewalk, driveway, roadway, parking lot, or any other outdoor paved or hard
surfaced area, unless all wash water from such activity is prevented from
discharging to the stormwater drainage system.
10 -5 -11: Water Spillage.
Every person must minimize water spillage into streets, curbs, or gutters and
minimize runoff beyond the immediate area of use. Every person is deemed
to have under his /her control at all times his /her water distribution lines and
facilities, and to know the manner and extent of his /her water use and excess
runoff.
10 -5 -12: Swimming Pools and Spas.
5 X44
It is unlawful for any person to empty and refill a swimming pool or spa
except to prevent or repair structural damage or to comply with public health
regulations. Discharge of pool water, other than directly to the sanitary sewer
system, must be consistent with this Code with regard to stormwater.
Discharge of pool filter backwash water to the stormwater drainage system is
prohibited. All pools and spas must be equipped with a water recirculation
device. The use of a pool /spa cover is encouraged to prevent evaporative
water loss.
10 -5 -13: Fountains, Decorative Basins, Ponds, Waterways.
It is unlawful for any person to use water to operate or maintain levels in
decorative fountains, basins, ponds, and waterways unless a recirculation
device is in use. Discharge of water, other than directly to the sanitary sewer
system, must be consistent with this Code with regard to stormwater.
Discharge of filter backwash water to the stormwater drainage system is
prohibited.
10 -5 -14: Cooling Systems.
No single pass cooling systems are permitted in new connections.
10 -5 -15: Commercial Laundry Facilities.
New commercial laundry facilities must be equipped with a water reclamation
system for rinse water.
10 -5 -16: Visitor - Serving Facilities.
The owner and manager of each hotel, motel, restaurant, and other visitor -
serving facility must ensure that such facility displays, in places visible to all
customers, placards or decals approved by the City, promoting public
awareness of the need for water conservation and /or advising the public that
waste of water is prohibited.
10 -5 -17: Restaurants.
Restaurants in the City cannot serve water to restaurant customers, except
upon request of the customer.
10 -5 -18: Construction.
A. It is unlawful to use potable water for compacting or dust control purposes
in construction activities where there is a reasonably available source of
recycled or other non - potable water approved by the California State
Department of Health Services and appropriate for such use.
6 (" 4 .)
B. All water hoses used in connection with any construction activities must
be equipped with an automatic shutoff nozzle when an automatic shutoff
nozzle can be purchased or otherwise obtained for the size or type of
hose in use.
10 -5 -19: Use of Hydrants.
It is unlawful for any person to utilize any fire hydrant for any purpose other
than fire suppression or emergency aid, without first obtaining written
approval from the City Manager, or designee.
10 -5 -20: Indiscriminate Use.
It is unlawful for any person to cause or permit the indiscriminate running of
water not otherwise prohibited by this chapter which is wasteful and without
reasonable purpose.
10 -5 -21: Public Health and Safety.
These regulations cannot be construed to limit water use which is
immediately necessary to protect public health or safety.
10 -5 -22: Water shortage contingency measures.
The City Council by resolution is authorized to require or impose reductions
in the use of water if such reductions are necessary in order for the City to
comply with water use restrictions imposed by federal, state or regional water
agencies or to respond to emergency water shortage conditions. Depending
on the expected duration and severity of the shortage, these measures may
include, without limitation, the following:
A. Prohibit the filling or emptying and refilling of swimming pools, excluding
normal maintenance of water levels due to evaporation.
B. Prohibit the use of a temporary fire hydrant meter from the City, or
otherwise using water through a temporary City water service.
C. Require all major water users to reduce their usage by the percentage
determined by the City Manager, or designee, to be necessary to sustain
adequate water supply for the City. Such percentage must be based both
on the rate of supply to the City and the rate of current water demand.
D. Impose an additional water surcharge above and beyond the existing City
water rates on all City residents, water users and water consumers who
fail or refuse to abide by the requirements, restrictions and priorities
7 04
adopted by the City in response to the emergency water shortage
condition.
E. Suspend all sales and deliveries of City water, or use of City water, for
construction or grading purposes.
F. Reduce or prohibit consumption or use of City water by residential,
recreational, commercial, industrial and institutional water users for
landscape irrigation purposes.
G. Initiate or implement additional or innovative actions to increase the
supply of water available to the City and to conserve the City's existing
water supply.
10 -5 -23: Relief from compliance.
The City Manager, or designee, may grant written waivers to persons who
apply on forms supplied by the City for:
A. Prohibited uses of water if it is found that a waiver is necessary to prevent
an emergency condition relating to health and safety, and if the person
seeking a waiver demonstrates that he or she implemented water
conservation measures in some other manner that achieves the
objectives of this Chapter. No waiver can be granted for the filling of any
decorative fountain, basin, pond, hot tub, spa or permanent swimming or
wading pool, unless the filling occurs as the result of performing
necessary leak repairs and unless the other provisions of this Section are
met.
B. No waiver can be granted unless the person demonstrates that he or she
has already achieved the maximum practical reduction in water
consumption as can be achieved by the affected property or business.
Any waiver granted must be based upon the water consumption rates of
similar water users, properties or businesses.
10 -5 -24: Enforcement.
At least one written warning must be provided to persons upon the first
violation of this Chapter. Second and subsequent violations may be
enforced in accordance with applicable law including, without limitation, this
Code. It is the code enforcement officer's responsibility to enforce this
Chapter'
SECTION 4: CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION. This
ordinance is exempt from review under the California Environmental Quality Act
8 04%
(California Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA regulations
(14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and
procedures to permit operation of existing facilities; minor temporary use of land;
ensure maintenance, restoration and protection of the environment; and regulate
normal operations of facilities for public gatherings. This Ordinance, therefore, is
categorically exempt from further CEQA review under Cal. Code Regs. Title 14, §§
15301, 15304(e), 15308, and 15323.
SECTION 5: PUBLIC NOTIFICATION. The City Manager, or designee, is directed to
provide public notification regarding the regulations set forth in this ordinance through
any reasonable means including, without limitation, newspaper publications, flyers
contained within the City's utility bills, and advertising on the City's PEG cable channel.
SECTION 6: SAVINGS CLAUSE. Repeal of any provision of the SPMC or any other
regulation by this Ordinance does not affect any penalty, forfeiture, or liability incurred
before, or preclude prosecution and imposition of penalties for any violation occurring
before, this Ordinance's effective date. Any such repealed part will remain in full force
and effect for sustaining action or prosecuting violations occurring before the effective
date of this Ordinance.
SECTION 7: SEVERABILITY. 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 8: VALIDITY OF PREVIOUS CODE SECTIONS. If this the entire Ordinance
or its application is deemed invalid by a court of competent jurisdiction, any repeal of
the SPMC or other regulation by this Ordinance will be rendered void and cause such
SPMC provision or other regulation to remain in full force and effect for all purposes.
SECTION 9: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of El Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting;
and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it
to be published or posted in accordance with California law.
SECTION 10: This Ordinance will take effect on January 1, 2010.
PASSED AND ADOPTED this day of , 2009.
Kelly McDowell, Mayor
9 U48
ATTEST:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Az
Karl H. Berger, Assistant City Attorney
10
0 43
EL SEGUNDO CITY COUNCIL MEETING DATE: September 15, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the adoption of Ordinance No. 1433 adding a
new Chapter 10 -5 to the El Segundo Municipal Code ( "ESMC ") regulating water
conservation methods and amending ESMC §§ 1 -2A -1, 1 -2A -2, and 1 -2A -3 to enforce
Chapter 10 -5 with administrative citations. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Waive second reading and adopt Ordinance No. 1433;
2. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Ordinance No. 1433
Council Staff Report for September 1, 2009
Sample ordinance from Metropolitan Water District (from 4/21/09)
Letter dated April 21, 2009 from Continental Development Corporation
Ordinance No. 1180, adopted April 21, 1992
Ordinance No. 1160, adopted February 19, 1991
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $N /A
Additional Appropriation: N/A
Account Number(s): N/A {{�°°
ORIGINATED BY: Dana Greenwood, Public Works Director 56K___>
REVIEWED BY:
APPROVED BY: Jack Wayt, City Manage
BACKGROUND AND DISCUSSION:
At the September 1, 2009 City Council meeting a staff report was submitted to make
modifications to Sections 10 -54, 10 -5 -7A, and 10- 5 -22E. The ordinance was subsequently
introduced and the second reading and adoption was scheduled for September 15, 2009, with
changes. If adopted, Ordinance No. 1433 will become effective in thirty days.
Council recommended revisions incorporated and reflected in the attached ordinance:
➢ Section 10 -5-4 — Amended to read plumbing breaks to be fixed "not later than forty -eight
(48) hours ".
➢ Section 10- 5 -7A.1 —Adding "or utilizing recycled water ".
➢ Strike Section 10- 5 -22Es�
24
'i 0-f
ORDINANCE NO.
AN ORDINANCE ADDING A NEW CHAPTER 10-5 TO THE EL SEGUNDO
MUNICIPAL CODE ( "ESMC ") ESTABLISHING WATER CONSERVATION
MEASURES IN ACCORDANCE WITH WATER CODE § 375 AND
AMENDING ESMC §§ 1 -2A -1, 1 -2A -2, AND 1 -2A -3 TO ENFORCE ESMC
CHAPTER 10-5 WITH ADMINISTRATIVE CITATIONS.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds as follows:
A. Protecting, conserving, and managing water supplies is an issue of
municipal concern. Contamination, drought, or damage to the City's
potable water infrastructure can lead to a water emergency.
B. The City receives all of its water from the West Basin Municipal Water
District ( "WBMWD ") and Metropolitan Water District of Southern California
( "MWD "; collectively, "Districts ").
C. It is in the public interest for the City to enact regulations for distribution
and use of potable water including, without limitation, water conservation
programs to encourage efficient water use and discourage waste.
SECTION 2: El Segundo Municipal Code ( "ESMC ") §§ 1 -2A -1, 1 -2A -2, and 1 -2A -3 are
amended to read as follows:
"1 -2A -1: Purpose.
This chapter is adopted pursuant to the city's police powers and Government Code
§ 53069,4 for the purpose of making any violations of El Segundo Municipal Code
§§ 5-4 -1 to 5-4 -13 (entitled "Storm Water and Urban Runoff Pollution Contron and
§§ 10 -5 -1 to 10 -5 -23 (entitled "Water Conservation ") subject to an administrative
fine and to set forth the procedures for the imposition and collection of such fines.
1 -2A -2: Applicability.
This chapter provides for administrative citations that are in addition to all other legal
remedies, criminal or civil, which the city may pursue to address violations of the
Storm Water Code and Water Conservation Code. The use of this chapter is at the
sole discretion of the code enforcement officer.
1 -2A -3: Definitions:
Unless the contrary is stated or clearly appears from the context, the following
definitions govern the construction of the words and phrases used in this chapter:
1 O ,,
"Water Conservation Code" means §§ 10 -5 -1 to 10 -5 -23 of the El Segundo
Municipal Code and any federal, state, or local regulation enforced by and through
the Water Conservation Code including, without limitation, pertinent provisions of
Titles 13 and 15 of this Code."
SECTION 3: A new Chapter 10 -5, entitled Water Conservation, is added to the ESMC
to read as follows:
"CHAPTER 10 -5
WATER CONSERVATION
10 -5 -1:
Purpose.
10 -5 -2:
Definitions.
10 -5 -3:
Water Conservation Program.
10 -5-4:
Repair of Plumbing, Sprinkler and Irrigation System.
10 -5-5:
WateringlIrrigation.
10 -5-6:
Miscellaneous Restrictions.
10 -5 -7:
Commercial Car Washes.
10 -5-8:
Washing of Equipment and Machinery.
10 -5 -9:
Cleaning of Structures.
10 -5 -10:
Cleaning of Surfaces.
10 -5 -11:
Water Spillage.
10 -5 -12:
Swimming Pools and Spas.
10 -5 -13:
Fountains, Decorative Basins, Ponds, Waterways.
10 -5 -14:
Cooling Systems.
10 -5 -15:
Commercial Laundry Facilities.
10 -5 -16:
Visitor - Serving Facilities.
10 -5 -17:
Restaurants.
10 -5-18:
Construction.
10 -5 -19:
Use of Hydrants.
10.5 -20:
Indiscriminate Use.
10 -5 -21:
Public Health and Safety.
10 -5 -22:
Water shortage contingency measures.
10.5 -23:
Relief from compliance.
10 -5 -1: Purpose.
This Chapter is adopted pursuant to Water Code § 375 for the purpose of
establishing water conservation requirements and implementing contingency
measures in the event of water shortages.
10 -5 -2: Definitions.
Unless the contrary is stated or clearly appears from the context, the
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following definitions govem the construction of the words and phrases used
in this Chapter.
"Impervious surface" means a constructed or modified surface that cannot
effectively percolate water. The terms includes, without limitation, sidewalks,
driveways, gutters, and roads.
"Person" means a natural or corporate person who receives potable water
service from the City.
"Programmed" means a weather -based or senor -based irrigation controller
that was programmed in accordance with manufacturer's instructions and
site - specific conditions.
"Responsible person" means the person responsible for daily operations of
every residential or commercial premises located within the City's jurisdiction
including, without limitation, the property owner.
"Sensor -based irrigation controller" means an irrigation controller that
operates based upon input received from any combination of sensors such
as rain, light, and soil moisture, installed within or around an irrigated
landscape area.
"Weather -based irrigation controller" means an irrigation controller that
operates based on evapotranspiration rates and historic or real -time weather
data.
10 -5 -3: Water Conservation Program.
All water customers are required to adopt and put into use at the earliest
possible date drought water conservation programs.
10 -5-4: Repair of Plumbing, Sprinkler and Irrigation System.
Responsible persons must, as soon as practicable, but not later than o - DNeted: seven two
tr-
eiaht 48 hours after such person first discovers water leaks, commence Deleted: 72
...
repair of any leaking pipes, faucets, plumbing fixtures, other water service
appliances, sprinklers, watering or irrigation systems, or distribution systems
and promptly complete such repair work, unless a waiver is obtained from
the City.
10 -5 -5: Watering /Irrigation.
It is unlawful for any person to water their lawn or landscaping or permit their
lawn or landscaping to be watered between the hours of nine (9:00) AM and
seven (5:00) PM, except as provided below:
3
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A. Persons may operate an irrigation system between 9:00 AM and 5:00 PM
for the purpose of installing, repairing or routine maintenance of the same;
B. Persons may water between the hours of 9:00 AM and 5:00 PM using any
of the following methods:
Properly programmed weather -based and /or sensor -based
irrigation controllers;
Drip irrigation;
By hand, using a bucket; or
4. By hand, using a hose with an automatic shutoff nozzle.
10 -5-6: Miscellaneous Restrictions. The following are unlawful for any person:
A. Allowing grass, lawns, groundcover, shrubbery, and open ground to be
watered at any time while it is raining.
B. Operating landscape irrigation system(s) that allow overspray or excess
runoff onto impervious surfaces (such as sidewalks, driveways, v- ditches,
gutters and roadways).
C. To use a water hose to wash any vehicle including, without limitation,
cars, trucks, boats, trailers, recreational vehicles, or campers, or any other
aircraft, tractor, or any other vehicle, or any portion thereof, unless the
hose is equipped with an automatic shutoff nozzle. Except for individual
residential vehicle washing, all wash water from vehicle washing /cleaning
activity must be prevented from discharging to the stormwater drainage
system.
10.5 -7: Commercial Car Washes.
A. It is unlawful for commercial car wash facilities to permit the washing of
any boat or vehicle in such facility or on its premises, other than by the
following methods:
1. Use of mechanical automatic car wash facilities utilizing water
recycling equipment or utilizing recycled water;
2. Use of a hose that operates on a timer for limited time periods and
shuts off automatically at the expiration of the time period;
3. Use of a hose equipped with an automatic shutoff nozzle; or
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4. Use of bucket and hand washing.
B. All wash /rinse water must be captured and recycled or discharged into the
sanitary sewer system.
C. All new commercial conveyor car wash facilities must be equipped with a
water recycling system.
10 -5-8: Washing of Equipment and Machinery.
It is unlawful for any person to use a water hose to wash any type of
equipment or machinery, or any portion thereof, unless the hose is equipped
with an automatic shutoff nozzle. All wash water from such washing /cleaning
activity must be prevented from discharging to the stormwater drainage
system.
10 -5 -9: Cleaning of Structures.
It is unlawful for any person to use water through a hose to clean the exterior
of any building or structure unless such hose is equipped with a shutoff
nozzle. All wash water from such activity must be prevented from
discharging to the stormwater drainage system.
10 -5 -10: Cleaning of Surfaces.
It is unlawful for any person to use water through a hose to clean any
sidewalk, driveway, roadway, parking lot, or any other outdoor paved or hard
surfaced area, unless all wash water from such activity is prevented from
discharging to the stormwater drainage system.
10 -5 -11: Water Spillage.
Every person must minimize water spillage into streets, curbs, or gutters and
minimize runoff beyond the immediate area of use. Every person is deemed
to have under his /her control at all times his/her water distribution lines and
facilities, and to know the manner and extent of his/her water use and excess
runoff.
10 -6-12: Swimming Pools and Spas.
It is unlawful for any person to empty and refill a swimming pool or spa
except to prevent or repair structural damage or to comply with public health
regulations. Discharge of pool water, other than directly to the sanitary sewer
system, must be consistent with this Code with regard to stormwater.
Discharge of pool filter backwash water to the stormwater drainage system is
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prohibited. All pools and spas must be equipped with a water recirculation
device. The use of a pool /spa cover is encouraged to prevent evaporative
water loss.
10 -5 -13: Fountains, Decorative Basins, Ponds, Waterways.
It is unlawful for any person to use water to operate or maintain levels in
decorative fountains, basins, ponds, and waterways unless a recirculation
device is in use. Discharge of water, other than directly to the sanitary sewer
system, must be consistent with this Code with regard to stormwater.
Discharge of filter backwash water to the stormwater drainage system is
prohibited.
10 -5 -14: Cooling Systems.
No single pass cooling systems are permitted in new connections.
10 -5 -15: Commercial Laundry Facilities.
New commercial laundry facilities must be equipped with a water reclamation
system for rinse water.
10 -5 -16: Visitor - Serving Facilities.
The owner and manager of each hotel, motel, restaurant, and other visitor -
serving facility must ensure that such facility displays, in places visible to all
customers, placards or decals approved by the City, promoting public
awareness of the need for water conservation and/or advising the public that
waste of water is prohibited.
10 -5 -17: Restaurants.
Restaurants in the City cannot serve water to restaurant customers, except
upon request of the customer.
10 -5 -18: Construction.
A. It is unlawful to use potable water for compacting or dust control purposes
in construction activities where there is a reasonably available source of
recycled or other non - potable water approved by the California State
Department of Health Services and appropriate for such use.
B. All water hoses used in connection with any construction activities must
be equipped with an automatic shutoff nozzle when an automatic shutoff
nozzle can be purchased or otherwise obtained for the size or type of
hose in use.
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10 -5 -19: Use of Hydrants.
It is unlawful for any person to utilize any fire hydrant for any purpose other
than fire suppression or emergency aid, without first obtaining written
approval from the City Manager, or designee.
10 -5 -20: Indiscriminate Use.
It is unlawful for any person to cause or permit the indiscriminate running of
water not otherwise prohibited by this chapter which is wasteful and without
reasonable purpose.
10 -5 -21: Public Health and Safety.
These regulations cannot be construed to limit water use which is
immediately necessary to protect public health or safety.
10 -5 -22: Water shortage contingency measures.
The City Council by resolution is authorized to require or impose reductions
in the use of water if such reductions are necessary in order for the City to
comply with water use restrictions imposed by federal, state or regional water
agencies or to respond to emergency water shortage conditions. Depending
on the expected duration and severity of the shortage, these measures may
include, without limitation, the following:
A. Prohibit the filling or emptying and refilling of swimming pools, excluding
normal maintenance of water levels due to evaporation.
B. Prohibit the use of a temporary fire hydrant meter from the City, or
otherwise using water through a temporary City water service.
C. Require all major water users to reduce their usage by the percentage
determined by the City Manager, or designee, to be necessary to sustain
adequate water supply for the City. Such percentage must be based both
on the rate of supply to the City and the rate of current water demand.
D. Impose an additional water surcharge above and beyond the existing City
water rates on all City residents, water users and water consumers who
fail or refuse to abide by the requirements, restrictions and priorities
adopted by the City in response to the emergency water shortage
condition.
E. Suspend all sales and deliveries of City water, or use of City water, for
Deleted: - * >Employ additional City
staff to monitor water usage, provide
assistance to water users to reduce
their water consumption, and to police
the enforcement of the requirements,
restrictions and priorities adopted by
the City In response to the emergency
.. water shortage condition. I
rormaMed: Bullets and Numbering
t.J J i
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construction or grading purposes.
F. Reduce or prohibit consumption or use of City water by residential, �w : Bullets and Numbering
recreational, commercial, industrial and institutional water users for
landscape irrigation purposes.
G. Initiate or implement additional or innovative actions to increase the �actea: Buners end Numbering
supply of water available to the City and to conserve the City's existing
water supply.
10 -5 -23: Relief from compliance.
The City Manager, or designee, may grant written waivers to persons who
apply on forms supplied by the City for:
A. Prohibited uses of water if it is found that a waiver is necessary to prevent
an emergency condition relating to health and safety, and if the person
seeking a waiver demonstrates that he or she implemented water
conservation measures in some other manner that achieves the
objectives of this Chapter. No waiver can be granted for the filling of any
decorative fountain, basin, pond, hot tub, spa or permanent swimming or
wading pool, unless the filling occurs as the result of performing
necessary leak repairs and unless the other provisions of this Section are
met.
B. No waiver can be granted unless the person demonstrates that he or she
has already achieved the maximum practical reduction in water
consumption as can be achieved by the affected property or business.
Any waiver granted must be based upon the water consumption rates of
similar water users, properties or businesses."
SECTION 4: CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION. This
ordinance is exempt from review under the California Environmental Quality Act
(California Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA regulations
(14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and
procedures to permit operation of existing facilities; minor temporary use of land;
ensure maintenance, restoration and protection of the environment; and regulate
normal operations of facilities for public gatherings. This Ordinance, therefore, is
categorically exempt from further CEQA review under Cal. Code Regs. Title 14, §§
15301, 15304(e), 15308, and 15323.
SECTION 5: SAVINGS CLAUSE. Repeal of any provision of the SPMC or any other
regulation by this Ordinance does not affect any penalty, forfeiture, or liability incurred
before, or preclude prosecution and imposition of penalties for any violation occurring
before, this Ordinance's effective date. Any such repealed part will remain in full force
and effect for sustaining action or prosecuting violations occurring before the effective
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date of this Ordinance.
SECTION 6: SEVERABILITY. If any part of this Ordinance or its application is
deemed invalid by a court of competent jurisdiction, the city council intends that such
invalidity will not affect the effectiveness of the remaining provisions or applications and,
to this end, the provisions of this Ordinance are severable.
SECTION 7: VALIDITY OF PREVIOUS CODE SECTIONS. If this the entire Ordinance
or its application is deemed invalid by a court of competent jurisdiction, any repeal of
the SPMC or other regulation by this Ordinance will be rendered void and cause such
SPMC provision or other regulation to remain in full force and effect for all purposes.
SECTION 8: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of El Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting;
and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it
to be published or posted in accordance with California law.
SECTION 9: This Ordinance will take effect on the 31st day following its final passage
and adoption.
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
lJ
Kelly McDowell, Mayor
X90
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EL SEGUNDO CITY COUNCIL MEETING DATE: September 1, 2009
AGENDA STATEMENT AGENDA HEADING: Old Business
AGENDA DESCRIPTION:
Consideration and possible action to introduce and waive first reading of an ordinance adding a
new Chapter 10 -5 to the El Segundo Municipal Code ( "ESMC ") regulating water conservation
methods and amending ESMC §§ 1 -2A -1, 1 -2A -2, and 1 -2A -3 to enforce Chapter 10 -5 with
administrative citations. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
(1) Introduce and waive first reading of an ordinance adding Chapter 10 -5 to the ESMC and
amending ESMC §§ 1 -2A -1, 1 -2A -2, and 1 -2A -3;
(2) Schedule second reading and adoption for September 15, 2009; -----_,
(3) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Draft Ordinance
Sample ordinance from Metropolitan Water District (from 4/21/09)
Letter dated April 21, 2009 from Continental Development Corporation
Ordinance No. 1180, adopted April 21, 1992
Ordinance No. 1160, adopted February 19, 1991
FISCAL IMPACT: Included in Adopted Budget
Amount Budg
Additional Al
Account Num
ORIGINATED BY: Karl
REVIEWED BY: _ _ - .
APPROVED BY: Mark
/A
A
N/A
g r, ssistant City Attorney
A -
;nsli'y, ity Attorney
BACKGROUND AND DISCUSSION:
As you are aware, in April 2009, the City Council considered a draft ordinance regulating water
conservation. That ordinance was the verbatim version of the Metropolitan Water District's
( "MWD ") draft model Water Conservation ordinance from December 2008. According to the
MWD, local water providers failing to adopt regulations that are at least as strict as MWD's
model ordinance would be ineligible to receive grant funding. In 2008, the City received grant
funds from Metropolitan Water District for the Environmental Expo in the amount of $3,000, and
most recently received $53,087 for the "It's Time to Get Serious " El Segundo Water
Conservation Banner Program.
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At its April 21"` meeting, the City Council discussed the proposed ordinance. A majority of the
Council concluded that MWD's ordinance did not meet the City's needs and directed the City
Attorney's office to redraft the ordinance.
Included with this staff report is the redrafted ordinance which largely incorporates regulations
from the City's previously enacted water conservation ordinances: Ordinance Nos. 1160 and 1180
(collectively, "Previous Regulations "). While it borrows sparingly from the MWD model
ordinance, the regulations are nevertheless just as strict. Among other things, the proposed
ordinance accomplishes the following:
• requires persons to adopt drought water conservation programs (per the Previous
Regulations);
• requires leak repairs within 72 hours (the Previous Regulations allow 48 hours; the
MWD allows 7 days after receiving notice);
• prohibits watering landscaping between 9 a.m. and 5 p.m. (which follows the MWD
model ordinance; the Previous Regulations prohibit watering between 10 a.m. and 4
P.M.);
• prohibits wasteful use of water through various means including, e.g., watering
sidewalks and washing cars without a bucket/shutoff nozzle (per Previous Regulations
and MWD);
• requires commercial car wash facilities to use water. recycling equipment (MWD
requires this beginning January 1, 2010);
• requires restaurants to serve water only upon request (both Previous Regulations and
MWD);
• allows the City Council to impose water use reductions by resolution to comply with
federal, state or regional restrictions because of emergency conditions (MWD has a
mandatory "Level" approach to which the City Council and Continental Development
Corporation objected; the proposed regulation allows greater flexibility);
• provides a procedure for waivers (per Previous Regulations and MWD); and
• allows administrative citations to be used for enforcing the water conservation
regulations (this allows for a civil proceeding rather than simply relying upon criminal
prosecution).
While staff generally tries to provide a redlined version of ordinances to assist with City Council
discussion, the extensive changes made by the City Attorney's office would make such
comparison impractical; most of the resulting document would show deleted language.
With the adoption of this ordinance there will be several new requirements that residents and ,
business owners need to be aware of. Staff will use various methods to get the information out to �� b IL
the public such as water bill stuffers, articles in the El Segundo Herald, the City's website and
Community Cable Channel.
647
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ORDINANCE No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF El SEGUNDO, CALIFORNIA, AMENDING CHAPTER
2.10 TO THE CITY OF EL SEGUNDO MUNICIPAL CODE REGARDING
POLICIES FOR WATER CONSERVATION
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO HEREBY FINDS,
DETERMINES AND DECLARES:
WHEREAS, The City of El Segundo recognizes Article X, Section 2 of the California
Constitution that declares that water resources be put to beneficial use, waste or unreasonable use
of unreasonable method of use of water be prevented, and conservation of water to be fully
exercised with a view to the reasonable and beneficial use thereof, and
WHEREAS, Article XI, Section 7 of the California Constitution declares that a city or
county may make and enforce within its limits all local, police, sanitary, and other ordinances
and regulations not in conflict with general laws; and
WHEREAS, California Water Code section 375 authorizes water suppliers to adopt and
enforce a comprehensive water conservation program to reduce water consumption and conserve
supplies; and
WHEREAS, The adoption and enforcement of a water conservation and supply shortage
program is necessary to manage the City's potable water supply in the short and long -term and to
avoid or minimize the effects of drought and shortage within the City. Such program is essential
to ensure a reliable and sustainable minimum supply of water for the public health, safety and
welfare; and
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO OF DOES ORDAIN AS
FOLLOWS:
SECTION 1. Title 10 Chapter 2 of Recreation and Parks Department of the City of
El Segundo is hereby amended to be added and read as:
Section 10.02.09: Water Conservation Requirements — Prohibition Against Waste
The following water conservation requirements are effective at all times. Violations of this section will
be considered waste and an unreasonable use of water.
a. Limits on Watering Hours: Watering or irrigating of lawn, landscape or other vegetated area
with potable water is prohibited between the hours of 9:00 a.m. and 5:00 p.m. on any day, except
by use of a hand -held bucket or similar container, a hand -held hose equipped with a positive self-
closing water shut -off nozzle or device, or for very short periods of time for the express purpose
of adjusting or repairing an irrigation system.
Al A
b. Limit on Watering Duration: Watering or irrigating of lawn, landscape or other vegetated area
with potable water using a landscape irrigation system or a watering device that is not
continuously attended is limited to no more than fifteen (15) minutes watering per day per station.
This subsection does not apply to landscape irrigation systems that exclusively use very low -flow
drip type irrigation systems when no emitter produces more than two (2) gallons of water per
hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard.
C. No Excessive Water Flow or Runoff: Watering or irrigating of any lawn, landscape or other
vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining
sidewalk, driveway, street, alley, gutter or ditch is prohibited.
d. No Washing Down Hard or Paved Surfaces: Washing down hard or paved surfaces, including
but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys,
is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use
of a hand -held bucket or similar container, a hand -held hose equipped with a positive self - closing
water shut -off device, a low - volume, high- pressure cleaning machine equipped to recycle any
water used, or a low- volume high- pressure water broom.
e. Obligation to Fix Leaks, Breaks or Malfunctions: Excessive use, loss or escape of water
through breaks, leaks or other malfunctions in the water user's plumbing or distribution system
for any period of time after such escape of water should have reasonably been discovered and
corrected and in no event more than seven (7) days of receiving notice from the City is
prohibited.
f. Re- circulating Water Required for Water Fountains and Decorative Water Features:
Operating a water fountain or other decorative water feature that does not use re- circulated water
is prohibited.
g. Limits on Washing Vehicles: Using water to wash or clean a vehicle, including but not limited
to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is
prohibited, except by use of a hand -held bucket or similar container or a hand -held hose equipped
with a positive self - closing water shut -off nozzle or device. This subsection does not apply to
any commercial car washing facility.
h. Drinking Water Served Upon Request Only: Eating or drinking establishments, including but
not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where food or drinks
are sold, served, or offered for sale, are prohibited from providing drinking water to any person
unless expressly requested.
Commercial Lodging Establishments Must Provide Guests Option to Decline Daily Linen
Services: Hotels, motels and other commercial lodging establishments must provide customers
the option of not having towels and linen laundered daily. Commercial lodging establishments
must prominently display notice of this option in each bathroom using clear and easily understood
language.
j. No Installation of Single Pass Cooling Systems: Installation of single pass cooling systems is
prohibited in buildings requesting new water service. -% .-) '6O
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k. No Installation of Non -re- circulating in Commercial Car Wash and Laundry Systems:
Installation of non -re- circulating water systems is prohibited in new commercial conveyor car
wash and new commercial laundry systems.
Restaurants Required to Use Water Conserving Dish Wash Spray Valves: Food preparation
establishments, such as restaurants or cafes, are prohibited from using non -water conserving dish
wash spray valves.
M. Commercial Car Wash Systems: Effective on January 1, 2010, all commercial conveyor car
wash systems must have installed operational re- circulating water systems, or must have secured
a waiver of this requirement from the City
Section 10.02.10: Level 1 Water Supply Shortage
a. A Level 1 Water Supply Shortage exists when the City determines, in its sole discretion, that due
to drought or other water supply conditions, a water supply shortage or threatened shortage exists
and a consumer demand reduction is necessary to make more efficient use of water and
appropriately respond to existing water conditions. Upon the declaration by the City of a Level 1
Water Supply Shortage condition, the City will implement the mandatory Level 1 conservation
measures identified in this section.
b. Additional Water Conservation Measures: In addition to the prohibited uses of water
identified in Section 10.01.09, the following water conservation requirements apply during a
declared Level 1 Water Supply Shortage:
1. Limits on Watering Days: Watering or irrigating of lawn, landscape or other vegetated
area with potable water is limited to three days per week on a schedule established and
posted by the City. During the months of November through March, watering or
irrigating of lawn, landscape or other vegetated area with potable water is limited to no
more than one day per week on a schedule established and posted by the City. This
provision does not apply to landscape irrigation zones that exclusively use very low flow
drip type irrigation systems when no emitter produces more than two (2) gallons of water
per hour. This provision also does not apply to watering or irrigating by use of a hand-
held bucket or similar container, a hand -held hose equipped with a positive self- closing
water shut -off nozzle or device, or for very short periods of time for the express purpose
of adjusting or repairing an irrigation system.
2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other
malfunctions in the water user's plumbing or distribution system must be repaired within
seventy-two (72) hours of notification by the City unless other arrangements are made
with the City
Section 10.02.11. Level 2 Water Supply Shortage
a. A Level 2 Water Supply Shortage exists when the City determines, in its sole discretion, that due
to drought or other water supply conditions, a water supply shortage or threatened shortage exists
and a consumer demand reduction is necessary to make more efficient use of water and
appropriately respond to existing water conditions. Upon the declaration by the City of a Level 2 (11 64
Water Supply Shortage condition, the City will implement the mandatory Level 2 conservation
measures identified in this section.
6'7:)
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b. Additional Conservation Measures: In addition to the prohibited uses of water identified in
Section 10.02.09 and 10.02.11, the following additional water conservation requirements apply
during a declared Level 2 Water Supply Shortage:
Watering Days: Watering or irrigating of lawn, landscape or other vegetated area with
potable water is limited to two days per week on a schedule established and posted by the
City During the months of November through March, watering or irrigating of lawn,
landscape or other vegetated area with potable water is limited to no more than one day
per week on a schedule established and posted by the City. This provision does not apply
to landscape irrigation zones that exclusively use very low flow drip type irrigation
systems when no emitter produces more than two (2) gallons of water per hour. This
provision also does not apply to watering or irrigating by use of a hand -held bucket or
similar container, a hand -held hose equipped with a positive self - closing water shut -off
nozzle or device, or for very short periods of time for the express purpose of adjusting or
repairing an irrigation system.
2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other
malfunctions in the water user's plumbing or distribution system must be repaired within
forty-eight (48) hours of notification by the City unless other arrangements are made with
the City.
Limits on Filling Ornamental Lakes or Ponds: Filling or re- filling ornamental lakes or
ponds is prohibited, except to the extent needed to sustain aquatic life, provided that such
animals are of significant value and have been actively managed within the water feature
prior to declaration of a supply shortage level under this ordinance.
Limits on Washing Vehicles: Using water to wash or clean a vehicle, including but not
limited to, any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized
or not, is prohibited except by use of a hand -held bucket or similar container, a hand -held
hose equipped with a positive self - closing water shut -off nozzle or device, by high
pressure /low volume wash systems, or at a commercial car washing facility that utilizes a
re- circulating water system to capture or reuse water.
5. Limits on Filling Residential Swimming Pools & Spas: Re- filling of more than one
foot and initial filling of residential swimming pools or outdoor spas with potable water is
prohibited.
Section 10.02.12. Level 3 Water Supply Shortage — Emergency Condition
a. A Level 3 Water Supply Shortage condition is also referred to as an "Emergency" condition. A
Level 3 condition exists when the City declares a water shortage emergency and notifies its
residents and businesses that a significant reduction in consumer demand is necessary to maintain
sufficient water supplies for public health and safety. Upon the declaration of a Level 3 Water
Supply Shortage condition, the City will implement the mandatory Level 3 conservation
measures identified in this section.
b. Additional Conservation Measures: In addition to the prohibited uses of water identified in _
Section 10.02.09, 10.02.10, and 10.02.11, the following water conservation requirements apply f) J
during a declared Level 3 Water Supply Shortage Emergency:
0 O()
q,kA
No Watering or Irrigating: Watering or irrigating of lawn, landscape or other vegetated
area with potable water is prohibited. This restriction does not apply to the following
categories of use, unless the City has determined that recycled water is available and may
be applied to the use:
i. Maintenance of vegetation, including trees and shrubs, that are watered using a
hand -held bucket or similar container, hand -held hose equipped with a positive
self —closing water shut -off nozzle or device;
ii. Maintenance of existing landscape necessary for fire protection;
iii. Maintenance of existing landscape for soil erosion control;
iv. Maintenance of plant materials identified to be rare or essential to the well -being
of protected species;
V. Maintenance of landscape within active public parks and playing fields, day care
centers, golf course greens, and school grounds, provided that such irrigation
does not exceed two (2) days per week according to the schedule established in
Section 10.02.11(b)(1) and time restrictions in Section 10.02.09(a) and (b)(1);
vi. Actively irrigated environmental mitigation projects.
Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other
malfunctions in the water user's plumbing or distribution system must be repaired within
twenty four (24) hours of notification by the City unless other arrangements are made
with the City.
Discontinue Service: The City, in its sole discretion, may discontinue service to
consumers who willfully violate provisions of this section.
Section 10.02.13. Procedures for Determination / Notification of Water Supply Shortage
a. Declaration and Notification of Water Supply Shortage: The existence of Level 1, Level 2 or
Level 3 Water Supply Shortage conditions may be declared by resolution of the City adopted at a
regular or special public meeting held in accordance with State law. The mandatory conservation
requirements applicable to Level 1, Level 2 or Level 3 conditions will take effect on the tenth day
after the date the shortage level is declared. Within five (5) days following the declaration of the
shortage level, the City must publish a copy of the resolution in a newspaper used for publication
of official notices. If the City activates a water allocation process, it must provide notice of the
activation by including it in the regular billing statement or by any other mailing to the address to
which the City customarily mails the billing statement for fees or charges for on -going water
service. A water allocation will be effective on the fifth day following the date of mailing or at
such later date as specified in the notice.
Section 10.02.14. Hardship Waiver
a. Undue and Disproportionate Hardship: If, due to unique circumstances, a specific
requirement of this chapter would result in undue hardship to a person using water or to property L' 6 U
upon which water is used, that is disproportionate to the impacts to water users generally or to
�81
Iq�r�
similar property or classes of water users, then the person may apply for a waiver to the
requirements as provided in this section.
b. Written Finding: The waiver may be granted or conditionally granted only upon a written
finding of the existence of facts demonstrating an undue hardship to a person using water or to
property upon which water is used, that is disproportionate to the impacts to water users generally
or to similar property or classes of water use due to specific and unique circumstances of the user
or the user's property.
Application: Application for a waiver must be on a form prescribed by the City and
accompanied by a non - refundable processing fee in an amount set by the Public Works
Director.
2. Supporting Documentation: The application must be accompanied by photographs,
maps, drawings, and other information, including a written statement of the applicant.
Required Findings for Waiver: An application for a waiver will be denied unless the
Public Works Director finds, based on the information provided in the application,
supporting documents, or such additional information as may be requested, and on water
use information for the property as shown by the records of the City or its Agent, all of
the following:
That the waiver does not constitute a grant of special privilege inconsistent with
the limitations upon other residents and businesses;
That because of special circumstances applicable to the property or its use, the
strict application of this chapter would have a disproportionate impact on the
property or use that exceeds the impacts to residents and businesses generally;
iii. That the authorizing of such waiver will not be of substantial detriment to
adjacent properties, and will not materially affect the ability of the City to
effectuate the purpose of this chapter and will not be detrimental to the public
interest; and
iv. That the condition or situation of the subject property or the intended use of the
property for which the waiver is sought is not common, recurrent or general in
nature.
4. Approval Authority: The Public Works Director must act upon any completed
application no later than ten (10) days after submittal and may approve, conditionally
approve, or deny the waiver. The applicant requesting the waiver must be promptly
notified in writing of any action taken. Unless specified otherwise at the time a waiver is
approved, the waiver will apply to; the subject property during the period of the
mandatory water supply shortage condition. The decision of the Public Works Director
will be final.
Section 10.12.15. Penalties and Violations
a. Misdemeanor: Any violation of this chapter may be prosecuted as a misdemeanor punishable by
imprisonment in the county jail for not more than thirty (30) days, or by a fine not exceeding one f
thousand dollars ($1,000), or by both.
l��-F
b. Penalties: Penalties for failure to comply with any provisions of the ordinance are as follows:
1. First Violation: The City will issue a written warning and deliver a copy of this
ordinance by mail.
2. Second Violation: A second violation within the preceding twelve (12) calendar months
is punishable by a fine not to exceed one hundred dollars ($100).
Third Violation: A third violation within the preceding twelve (12) calendar months is
punishable by a fine not to exceed two hundred and fifty ($250).
4. Fourth and Subsequent Violations: A fourth and any subsequent violation is
punishable by a fine not to exceed five hundred ($500).
Water Flow Restrictor: In addition to any fines, the City may install a water
flow restrictor device of approximately one gallon per minute capacity for
services up to one and one -half inch size and comparatively sized restrictors for
larger services after written notice of intent to install a flow restrictor for a
minimum of forty eight (48) hours.
5. Discontinuing Service: In addition to any fines and the installation of a water flow
restrictor, the City may disconnect a customer's water service for willful violations of
mandatory restrictions in this chapter.
C. Cost of Flow Restrictor and Disconnecting Service: A person or entity that violates this
ordinance is responsible for payment of the City's charges for installing and/or removing any
flow restricting device and for disconnecting and /or reconnecting service per the City's schedule
of charges then in effect. The charge for installing and/or removing any flow restricting device
must be paid to the City before the device is removed. Nonpayment will be subject to the same
remedies as nonpayment of basic water rates.
d. Separate Offenses: Each day that a violation of this ordinance occurs is a separate offense.
Notice and Hearing:
The City will issue a Notice of Violation by mail or personal delivery at least ten (10)
days before taking enforcement action. Such notice must describe the violation and the
date by which corrective action must be taken. A customer may appeal the Notice of
Violation by filing a written notice of appeal with the City no later than the close of
business on the day before the date scheduled for enforcement action. Any Notice of
Violation not timely appealed will be final. Upon receipt of a timely appeal, a hearing on
the appeal will be scheduled, and the City will mail written notice of the hearing date to
the customer at least ten (10) days before the date of the hearing.
Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the City
may take appropriate steps to prevent the unauthorized use of water as appropriate to the
nature and extent of the violations and the current declared water Level condition. U 6 8
Section 10.02.16. Severability
X 8 0
LPW
If any section, subsection, sentence, clause or phrase in this chapter is for any reason held invalid, the
validity of the remainder of the chapter will not be affected. The City Council of the City of El Segundo
hereby declares it would have passed this chapter and each section, subsection, sentence, clause or phrase
thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or is
declared invalid.
SECTION 2. Adoption and implementation of this ordinance is exempt from the provisions of
the California Environmental Quality Act pursuant to Section 15307 of the State CEQA Guidelines, as a
Class 7 Categorical Exemption.
SECTION 3. Any provision of the City of El Segundo Municipal Code or appendices thereto
inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, are
hereby repealed or modified t the extent necessary to affect the provision of this ordinance.
SECTION 4. Should any provision of this Ordinance be determined to be invalid or
unconstitutional all other provisions of this Ordinance shall remain in full force and effect as approved.
SECTION 5. The Mayor shall sign this Ordinance. The City Clerk shall certify to the passage
and adoption of this Ordinance; shall cause the same to be entered in the book of original Ordinances of
the City; shall make a minute of the passage and adoption thereof in the records of the meeting of the City
Council at which the same is passed and adopted; and shall cause to be posted the same in three public
places in the City of El Segundo in the time and manner provided by law. This Ordinance shall become
effective 30 days after its adoption.
PASSED AND APPROVED This 21" Day of April 2009.
Kelly McDowell, Mayor
Of the City of El Segundo,
California
ATTEST:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
Mark Hensley, City Attorney
U(3,9
I�-4-V1
CONTINENTAL DEVELOPMENT CORPORATION
HAND DELIVERED AND VIA ELECTRONIC MAIL
April 21, 2009
City Council
City of El Segundo
350 Main Street
El Segundo, CA 90245
Subject: Agenda Item 10 — Draft Water Conservation Ordinance
Honorable Mayor McDowell and City Council Members:
It is evident that the current water supply situation in California is highly uncertain.
California faces a third consecutive year of historically dry conditions, reservoir levels
have been drawn down over the past two years, and uncertainties and limitations have
been placed on imported water deliveries. The current water supply conditions mean that
all Californians must eliminate wasteful water use practices and focus on water
conservation and best practices for efficient use of potable water.
Continental Development Corporation (CDC) is committed to proactive resource
conservation and supports the City's action to amend and update its existing water
conservation ordinance to reflect current conditions. CDC respectfully submits the
following continents regarding the draft water conservation ordinance. These comments
focus on requests for clarification and suggestions for potential alternative methods to
achieve the objectives of the proposed ordinance with flexibility of implementation.
Sections 10.02.10.,11,12: Water Supply Shortage:
Further clarification is requested as to what event(s) and /or event thresholds may cause
the City to declare a Level 1, 2, or 3 Water Supply Shortage.
Section 10.02.10: Level 1 Water Supply Shortage:
1. Limits on Watering Days:
The proposed ordinance establishes limits on watering to no more than three days per
week except during the months of November through March when watering with
potable water is limited to one day a week with exceptions for drip irrigation systems
and by hand held hose with a shut -off nozzle.
The one day per week restriction during November through March presents potential
challenges for adequate maintenance of lawns and plantings in areas where hand
2041 ROSECRANS AVEMIE, PQ BOX 914 EL SEGUNDQ CAL FORK A 90245.0818
PHONE (310) 840 -1520 • FAX (310) 414-9(119
V 57
10
A.y:;
rn
CONTINENTAL DEVELOPMENT CORPORATION
April 21, 2009
El Segundo City Council
Page 2
watering with a hose is not possible due to lack of a nearby hose bib. Proposed
Section 10.02.09 Water Conservation Requirements — Prohibition Against Waste
includes item b. Limit on Watering Duration which limits watering duration to no
more than fifteen minutes watering per day per station. It is requested that the
ordinance provide an option to continue to water three days per week during the
months of November through March with watering duration limited to no more than
five minutes per day per station. This option imposes the same water use limit while
providing flexibility. Users equipped with irrigation systems and time clocks can
achieve the same water savings objective by using best practices in the utilization of
their irrigation systems.
Section 10.02.11 Level 2 Water Supply Shortage
1. Watering Days
Level 2 Water Shortage limits watering days to two days per week and includes
the Level 1 restriction to limit watering no more than one day per week during
November through March. It is requested that the same option requested for
Level I apply to Level 2, so t users may utilize their irrigation systems to continue
to water two days per week during November through March with a requirement
that watering duration limited to no more than 7 minutes per day per station. .
Section 10.02.12 Level 3 Water Supply Shortage — Emergency Conditions
No Watering or Irrigating: This measure limits maintenance of vegetation to
watering with hand held container or hand held hose with a shut -off nozzle.
Commercial complexes that typically use zoned irrigation systems are not equipped
with hose bibs in all the necessary locations that may be needed to reach and maintain
minimum vegetation, including trees and shrubs, with a hand held hose. It is
requested that users equipped with zoned irrigation systems with time clocks be
permitted to utilize the zone capability of the irrigation system to water vegetation
two days per week as long as the volume of water used does not exceed the volume of
water that would be used with a hand held hose and that all other requirements of the
ordinance are adhered to. This option provides flexibility to maintain minimum
vegetation in areas that cannot practically be reached with h hose.
As California continues to face dry conditions, water supply uncertainties and a
growing population, it is critical that everyone practice water conservation to help
meet our conservation goals. We need drought protection and reduced dependence
v•�1
• W.,
X94
CONTINENTAL DEVELOPMENT CORPORATION
April 21, 2009
El Segundo City Council
Page 3
on imported water supplies. Increased local control of our water supply will result in
a more stable and reliable supply of water.
CDC is committed to practicing proactive resource conservation and will continue to
investigate new strategies to expand its conservation efforts.
Thank you for consideration of our comments. I am available to answer any
questions regarding these comments at 310- 640 -1520, Fact. 205 or via email at
Sincerely,
Toni Reina
Planning Manager
:tr
Copy: Dana Greenwood, Public Works Director
Cindy Mortesen, City Clerk
Richard C. Lundquist, CDC
Lianne lbarra, CDC
Alex J. Rose, CDC
659
U 7
ORDINANCE NO. 1180
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RL
SEGUNDO DECLARING, A CONTINUANCE OF THE WATER SHORTAGE
EMERGENCY' RR9CZNDING CITY MANDATORY WATER CONSERVATION
ORDINANCE NO. 1360 AND ADOPTING THE CITY VOLUNTARY
WATER CONSERVATION ORDINANCE.
TAE CITY COUNCIL OF THE CITY OT EL SEGUNDO does ordain
as tollowsr
A22tion 3. Purpose and scope.
The City of El Segundo (hereinafter called city) receives
all of its potable (drinking) water supplies from the West Basin
Municipal Water District (hereinafter called WBMWD) which
District receives all of its potable water supplies from The
Metropolitan Water District Of southern California (hereinafter
called MWD). In February 1991 WBMWD and MWD respectively
declared water shortage emergencies and adopted mandatory water
conservation programs which required a 204 reduction in usage of
non - interruptible municipal and industrial water supplies. The
City of Rl Segundo as a 1004 user of non - interruptible treated
municipal and industrial water supplies from MWD and WBMWD was
and o WBMWD. no3/ 10/ 92 conservation
changedrthealevelsimilar
required of MWD
conservation to a 104 mandatory level effective 3/1/92.
On 3/27/92 MWD changed the 104 conservation requirement from that
of a mandatory program to that of a voluntary program.
Asst --- i- °• Findings.
The Council does hereby find, determine and declare as
follows:
a. The City .did on 2/19/91 adopt a Mandatory Water
Conservation Program as ordinance No, 116+0 effective that date
that established a mandatory level of conservation at 20W below
the baseline period of 1989 -90 as a requirement of WBMWD and MWD.
b. MWD on 3/10/92 changed the level of mandatory water
conservation to 104 of the 1989 -90 baseline period and
accordingly allocated an increased supply of water to the WBMWD.
C. MWD on 3/27/92 changed the mandatory conservation
program to that of a voluntary program at a level of 104 below
the 1989 -90 baseline year usage.
d. WBM D is proceeding "to change th ii conservation
program.
6. The change in the level of Mandatory Water Conservation
by MWD and WBMWD from 206 to 104 of the 1989. -90 baseline and from
mandatory to voluntary permits the City to do likewise,
f. The change in the level of Mandatory Water Conservation
by MWD, WBMWD and the City to 104 of the 1989 -90 baseline on a
voluntary basis will not have any significant adverse
environmental impacts an disclosed by environmental documents
prepared and distributed as required by law. A Notice of
Categorical Exemption has been filed and is hereby adopted and
approved.
g. Ordinance No. 1160 is hereby rescinded and replaced by
this Ordinance.
page 1 of 6
073
61160
12=42D —2. Water Allotment.
The
potable water oconsum d this
by City acustomers bydac minimum mofn lot
f
below the base year usage.
Secti�n 4. Use Restriction Guidelines.
a. All water customers are required to adopt and put into
Fuse at the earliest possible date drought water conservation
programs. Those customers whose consumption places them in the
1100 largest quantity consumers of water on a 12 -month basis in
Q \0• the City shall have filed under former Ordinance No. 1100 their
written conservation plans with the City. tuch'plana as accepted
C by the City shall hereby be considered to be consistent with this
Ordinance other than the goal thereof shall be to conserve 10% of
the 1989 -90 baseline year usage on a voluntary basis. Any new
business whose anticipated consumption would place them in the
top 100 users in the City shall file also a plan with the city
upon applying for the water service.
b. All uses by water service customers of the city and the
Programs of the top 100 users. are to be consistent with the
following restrictions concerning the use of water;
(1) With respect to practices:
L
Lawn Watering and landscape irrigation with
potable water is to be generally only permitted between the hours
of 4 p.m. and 1.0 a.m. Golf courses, parks, school grounds and S
recreational fields are to generally be irrigated within the
designated times. For the purpose of malhtenance. and testing the ld`�
Irrigation system minimum water use will be allowed during the
daytime.
landscape contra x Agricultural users, commercial nurseries,
ctors and irrigation of livestock and irrigation
of
�a
propagation beds may continue to irrigate with potable water
as management practices dictate, but are requested to curtail all
non - essential water
uses.
t
Hand watering is recommended to be done by
use of a hand-held
hose equipped with a positive shut -off nozzle,
a hand -held faucet - filled bucket of five gallons or less is
used,
or a drip irrigation system is used.
(2) With respect to exterior washing practices:
(a) Washing of building, facilities, equipment,
autos, trucks, . trailers, boatg, airpldngg W othe,r tys?RN of
.�
mobile equipment should be curtailed except where a hand -held
4.�s
hose equipped with a positive shut -off nozzle for quick rinses is
used.
Weak
(b) Washings are exempted from these regulations
where the health, safety and welfare of the public is contingent
upon frequent vehicle or other facility or equipment cleaning,
such as garbage trucks and vehicles used to transport food and
perishables.
(o) Water should not be used to wash down
sidewalks, driveways, parking areas, residential tennis courts,
patios or other paved areas except to alleviate immediate fire,
sanitation or health hazards.
Page 2 of 6
tJ ��
�9,
(d) Water should not be allowed to run off
landscape areas into adjoining streets, sidewalks, or other paved
areas due to incorrectly directed or maintained sprinklers or
excessive watering.
(3) With respect to ornamental or recreational uses.
(sI Pilling and refilling residential swimming
Pools and spas ghould'be held to a minimum, but if necessary
should only be done between the hours of 6 p.m. and 6 a.m. and reonds,
and artificial lakes£ isldiscouragedlandnthefrecycling oft water in
ponds, fountains, and artificial lakes is recommended.
(4) With respect to other uses:
(a) Water from fire hydrants is to only be used
for fire fighting and public health, safety, and welfare
activities including public street sweeping.
b) Water from meters installed on fire hydrants
may be used for construction purposes proved the contractor
practices conservation.
(c) Flushing of water mains should only be done
as necessary to protect the public health.
(d) Eating establishments should practice water
conservation for all water usages.
as soon asPo water system looks recommended
sibleaferbeingdiscovered d b repaired
be
e X0.5
allowed to continue for an unreasonable time..
The base year allocation to the City set by the
WBMWDIs a ned as a consecutive 12 monthly water delivery
amounts for the period of July 1, 1,999 through June 30, 1990,
inclusive.
AlUiSM g. Enforcement.
The Director of Public Works of the City of E1 Segundo or
his designated representative shall have the duty and are hereby
authorized to work with and assist water system customers in
meeting the provisions of this Ordinance and shall have all the
powers and authority contained in California Penal Code Section
836.5, including the power to issue written notice to appear.
Sect„ ions 7�. Nonsppiicatl9p of QrdtnAncs.
This ordinance shall be inoperative to the extent any
regulations and restrictions adopted pursuant to Division I,
Chapter 3, of the Water Code conflict.
WBMWD§S g This ordinance shall expire at such time as
WBMWD s ou13 terminate its corresponding Water Conservation
Ordinance.
5ecttigm 9. Severability.
If any section, subsection, sentence,-clause, phrase,
portion, or part of this Ordinance is for any reason held to be
invalid or unconstitutional by any court of competent
Jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have adopted this Ordinance and each
Page 3 of 6 V fy J
.� y 8
section, subsection, sentence, clause, phrase, part, or portion
thereof, irrespective of the fact that any one or more sections,
subsections, clauses, phrases, parts,or portions be declared
invalid or unconstitutional.
AlZiOn , The City Clerk shall certify to the adoption of
this r nancefshall cause the same to be entered in the book of
original ordinances of said City: shall make a minute of the
adoption thereof in the records of the meeting at which the same
is passed and adbpted: and shall cause it to be published in the
manner required by law.
PASSED, APPROVED AND ADOPTED this 21st day of April, 1992.
i
or of the t -of E1 Segundo
California
ATTEST:
C dy Mo / n,
ity M e (SEAL)
Pa98 4 of 6 1
663
iW a If
STATE OP CAIJFORNIA )
COUNTY OF LOS ANGF.L13S ) SS
CITY OF 1331. SEGUNDO )
1, Cindy Mortesen, City Clerk of the City of EI Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five;
that the foregoing ordinance, being ORDINANCE NO. 11.1180 is a full, true correct original
of ORDINANCE NO. 1180 of the said City of El Segundo, California, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL S13GUNDO
DECLARING A CONTINUANCP. OF 11IB WATER SHORTAGE EMERGENCY,
RESCINDING CITY MANDATORY WATER CONSERVATION ORDINANCE
NO. 1160 AND ADOPTING THE CITY VOLUNTARY WATER CONSFRVATION
ORDINANCE.
which was duly passed and adopted by the said City Council, approved and signed by the
Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of
the said Council held on the 21st DAY OF APM 1992, and the same was so passed
and adopted by the following vote:
AYES: Mayor Jacobson, Mayor ProTem Wise, Councilmembetx
Robbins, Swim, and West.
NOES: None
ABSTENTION: None
I do hereby further certify that pursuant to the provisions of Section 36933 of the
Government Code of the State of California, that the foregoing ORDINANCE NO. 1180
as duly and regularly published according to law and the order of the City Council of said
Cltyof El Segundo Herald, a weekly newspaper of general circulation, printed, published
and circulated within said City and that the some was so published therein on the
following day, to wit:
CIN 1
City lerk of th
City of EI Segundo, California
(SEAL)
664
0'7'7
1.1n
F3
I
q ORDINANCE N0. Itso
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF EL 8$GUNDO
DECLARING A WATER SHORTAGE EMERGENCY
ADOPTING MANDATORY WATER OON6ERVATrow
REGULATIONS AND B28TRICTXONO AND DECLARING
THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO does ordain
as follows:
AW =99 ;. Purpose and Scope
The City of El Segundo (hereinafter called City) receives
all of its potable water supplies from the Vest Basin Municipal
Water District, (hereinafter called WBMWD) which District
receives all of its potable water supplies from The Metropolitan
Water District of Southern California (hereinafter called MWD).
The WBMWD and MWD have declared water shortage emergencies as a
result of a continuing severe drought and have both adopted
mandatory water conservation regulations and restrictions. These
regulations and restrictions will significantly affect and limit
the City's efforts and responsibilities of providing potable
water to the City's citizens and businesses. The WBMWD requires
that each organization buying water adopt a conservation program
consistent with WBMWD's program. To assist the City in meeting
its obligations in a reasonable manner and to be responsive to
the drought situation the City needs to adopt a similar program.
ce kLQ"- Findings
The Council does hereby find, 44tarmine aqd declare as
follows:
a. The City obtains from the WBMWD all of the potable
water needed to serve its water using customers. The WBMWD
delivered 20,681.7 acre feet of potable water to the City in the
base year of June 1, 1989 to May 31, 1990, inclusive (hereinafter
called base year).
b. WBMWD on January 28, 1991, adopted a mandatory water
conservation program, the intent of which is to cause the overall
reduction in water usage of a minimum of lo%, commencing February
1, 1991 due to a water shortage caused by the drought which is
1 of 10
66G%
affecting most of the State of California. subsequently the MWD
adopted on February 12, 1991, a program of 20% reduction In water
usage to be effective March 1, 1991. The WBMWD on February 25,
1991 adopted a similar program to become effective March 1, 1991.
As a result, the allocation of water to the City for distribution
to City water system customers will be reduced by the WBMWD by
approximately 20 %, or 4,130 acre feet.
c. The ordinary demands and requirements of water using
consumers cannot be satisfied without depleting the available
water supply to the extent that there would be insufficient water
supplies for human consumption, sanitation and fire protection
due to the reduction in the supply allocation imposed by the
WBMWD due to the drought. The City, to protect the health,
welfare and safety of the community, must immediately impose
regulations and require all water customers within the city,s
boundaries to implement a drought water conservation program
thereby reducing the amount of water needed by those customers.
Should all of the water customers of the City implement their
individual water conservation programs, the amount of water
allocated can be equitably used to meet the primary health and
safety needs of the City,
d. The City supplies approximately 21,000 acre feet of
potable water in an average year to approximately 4,580 customer
meters serving many residential units, commercial and industrial
businesses.
s. The regulations and restrictions set forth herein will
not produce any significantly adverse environmental impacts as
disclosed by environmental documents prepared and distributed as
required by law. A negative declaration covering the adoption of
the regulations and restrictions described below is hereby
adopted and approved,
f. There is a need to put this ordinance into effect at
the earliest possible date as an Urgency Ordinance. That
effective date is hereby established to be February 19, 1991.
2 of 10
!!^�}
�t V V
667
Water Allotment
The purpose of this Ordinance is to reduce the amount of
potable water consumed by City customers by a minimum of 203
below the base year usage.
sa
®pg,®. Use Restriction Guidelines
a. All water customers are required to adopt and put into
use at the earliest possible date drought water conservation
programs. Those customers whose consumption places them in the
loo largest quantity consumers of water on a 12 -month basis in
the City shall file no later than March 15, 1991 their written
conservation plans with the City.
b. All programs should be consistent with the following
restrictions concerning the use of water:
(1) With respect to practices:
(a) Lawn watering and landscape irrigation with
potable water is permitted only between the hours of 4 p.m. and
30 a.m. Golf courses, parks, school grounds and recreational
fields are to be irrigated within the designated times. For the
purpose of maintenance and testing the irrigation system only,
minimum water use will be allowed during the daytime.
Agricultural users, commercial nurseries, landscape contractors
and irrigation of livestock and irrigation of propagation beds
may continue to irrigate with potable water as management
practices dictate, but are required to curtail all non - essential
water uses.
(b) Watering is permitted at gny tine if_a hand -._
held hose equipped with a positive shut -off nozzle is used, a
hand -held faucet - filled bucket of five gallons or less is used,
or a drip irrigation system is used.
(2) With respect to exterior washing practices:
(a) Washing of buildings, facilities, equipment,
autos, trucks, trailers, boats, airplanes and other types of
mobile equipment is restricted except where a hand -held hose
equipped with a positive shut -off nozzle for quick rinses is
used. whenever possible, such as when washing vehicles, a bucket
wash is required.
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(b) Washings are exempted from these regulations
where the health, safety and welfare of the public is contingent
upon frequent vehicle or other facility or equipment cleaning,
such as garbage trucks and vehicles used to transport food and
perishables.
(c) Water shall not be used to wash down
sidewalks, driveways, parking areas, residential tennis courts,
patios or other paved areas except to alleviate immediate fire,
sanitation or health hazards.
(d) Water shall not be allowed to run off
landscape areas into adjoining streets, sidewalks, or other paved
areas due to incorrectly directed or maintained sprinklers or
excessive watering.
(3) With respect to ornamental or recreational uses:
(a) Filling and refilling residential swimming
pools and spas is discouraged, but if necessary is only allowed
between the hours of 6 p.m. and 6 a.m.
(b) Filling and refilling of ponds, fountains,
and artificial lakes is discouraged and the recycling of water in
ponds, fountains, and artificial lakes shall be required.
(4) With respect to other uses:
(a) Water from fire hydrants shall only be used
for fire fighting and public health, safety, and welfare
activities including public street sweeping.
(b) Flushing of water mains is not permitted
except as necessary to protect the ]public health.
(c) Restaurants shall not serve water to their
customers unless specifically requested.
(5) Leaks shall be repaired as soon as possible after
being discovered and shall not be allowed to continue for more
than 48 hours.
fi&QtjQ_A. Base Year Billing systems
The WBMWD bills Monthly the City for water delivered in the
prior month based on meter readings that are taken on or about
the first day of each month.
The base year allocation to the City set by the WBMWD is1
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69
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defined as the consecutive 12 monthly water delivery amounts for
the period of June 1, 1989 through May 31, 1990, inclusive.
The City bills some of its customers monthly and some bi-
monthly.
The City's billing period for the monthly customer
approximates the monthly billing period of the WBMWD. A monthly
non - exempt customer will be subject to being billed by the City
for applicable surcharges /incentives /penalties for consumption
beginning March 1, 1991.
A bi- monthly non - exempt customer will be subject to being
billed by the City for applicable surcharges /incentives /penalties
for the respective first regular bi- monthly period for that
customer beginning after March 1, 1991 and ending following
termination of the Program.
fiag +ne 6, Enforcement
(a) The Director of Public Works of the city of
El Segundo or his designated representative shall have the duty
and are hereby authorized to enforce the provisions of this
Ordinance and shall have all the powers and authority contained
in California Penal Code Section 836.5, including he
g power to
issue written notice to appear.
(b) Each law enforcement officer of the City
shall, in connection with his duties imposed by law, diligently
enforce the provisions of this ordinance.
seetin Customers Exempt from
Surcharge /Incentive /Penalty Provisions of Ordinance
(a) All customers on the City Lifeline Water Rate
schedules are expected to do their reasonable best to conserve
water. The Lifeline customers shall be exempt from the
surcharge /incentive /penalty water rate portions of the City water
Conservation program as long as it appears that they are making a
reasonable effort at conserving water.
(b) All customers who consumed in the two (2)
years prior to March 1991 on the average the equivalence of 15
100's cubic feet (42.5 cubic meters) or less of water per month
per single family residence or per commercial or industrial 08 3
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business or who used the equivalence of 13 - 100's cubic feet
(36.$ cubic meters) or less of water per month per residential
unit in a multiple residential development shall be exempt from
the surcharge /incentive /penalty water rate portions of the City
water conservation program as long as it appears that they are
making a reasonable effort at conserving water.
Re^ *pion._ Relief from ordinance Provisions
A customer may file an application with the City Director of
Public Works for relief from any provision of this Ordinance,
including changes in the base year allocation.
The applicant for relief must submit an application in a
form acceptable to the City requesting such relief in whole or in
part from the water use curtailment /allowance provisions herein.
Relief and /or adjustment in the base year allocation may be
applied for on the basis of changed circumstances since the base
year period of June 1, 1989 to May 31, 1990, inclusive or the
nearest 12 month billing period thereto of the City water billing
system based on such reasons as change in the number of family
members, of number of occupants, or changes in business
practices, or business growth.
Upon receipt of the application the Director is within
fifteen (15) days to communicate with the applicant a decision
thereon. The Director shall take into consideration all relevant
factors presented by the customer.
The decision of the Director of Public Works shall be final
except for City Council review.
secr
I" Surcharge for Water conservation Program
All customers who are not exempt from the
surcharge /incentive /penalty rate provisions of this ordinance
shall be subject to a surcharge rate on their bill to pay for the
pro9.ram cost and to maintain the financial integrity of the City
Water system Fund. The Program Surcharge shall be an amount to
be established by the City Council by separate Resolution.
s&g o ®iLU Conservation incentive Credit for Using Less
Than 80$ of Base Year Allocation.
When a non-exempt customer has used a quantity of water less
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6711
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than the 80t base year allocation or for the respective billing
period there shall be applied by the city a credit amount to the
customer's bill for the billing period in the amount to be
established by the City council by separate Resolution.
ggLLga A" Penalty for Exceeding 80# of Base Year
Allocation.
(a) on the basis of each billing period's water
meter readings, should it be noted that a customer has used more
water than 8o% of the base year allocation level (exceeded level)
as allowed herein for the first time occurrence the customer is
to be given a written notice by the City and the customer shall
be billed on their regular bill for such excess usage at the
water rates of the City plus the additional penalty rate to be
established by the City Council by separate Resolution.
(b) Should it appear from visual inspection that
a customer is consuming an abnormally large quantity of water
through inefficient utilization of such water that customer is to
be given by the City a preliminary notice in writing, of such
situation. Such person shall have five (8) working days to
either correct such situation, or to terminate the use, or to
present to the City a plan of action to mitigate the situation to
the satisfaction of the Director of Public works.
(c) Should after such written notice(s) and /or
addition of the penalty to the water bill the customer has not
responded and /or made a reasonable effort to reduce its water
usasle and to causezvs- the- available -water supply, the City may
forthwith install a flow - restricting device in the customer
service restricting the flow of water to the customer's premises.
Before the City installs a flow- restricting device the customer
is to be given a notice in writing of such intended action.
Should the customer either not take responsible action or respond
to the City as to the customer's inability to comply with the
Ordinance within a reasonable time the City shall proceed to
Install the flow- restricting device.. The flow restricting
device will be removed by the City upon satisfactory evidence
presented to the City that the customer has mitigated the t J
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E'7
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situation. The customer will be charged for the actual cost of
installation and /or removal of the flow restricting device.
Actual cost shall include all City material, labor, equipment and
overhead charges.
(d) A customer allowing an adjacent customer to
connect to its private water system following installation of a
restrictive device shall after written notice by the City to
abate such practice and does not immediately cease such action
shall have a restrictive device installed by the City in their
service line at their expense for a period of a minimum of ten
(10) days or for as long a period of time as the connection
between the two customers' premises remains.
Notices
All written first notices will be given by the City either
in writing to the customer's mailing address by regular First
Class U. S. Mail or hand delivered to the customer service
address as convenient or appropriate to the City.
Any second or subsequent written notices shall be given by
the City by certified U.S. Mail to the customer's mailing address
and hand delivered to the service address.
Nonapplication of Ordinance
This ordinance shall be inoperative to the extent any
regulations and restrictions adopted pursuant to Division 1,
Chapter 3, of the Water Code conflict.
Sec on �a. Violation Penalty
Any customer appearing to have violated any bf the
provisions or failed to comply with any of the mandatory
requirements of the Ordinance shall be first notified in writing
of that violation or non-compliance and will be given an
appropriate period of time to respond and /or to mitigate the
situation causing the appearance of a violation. Should after
that time period no effective response or action has been taken
by the customer the City may deem the customer guilty of either
an infraction and /or of a misdemeanor. Any customer that in the
opinion of the City has violated this City ordinance may be
issued at the discretion of the Director of Public Works or his
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6 7 3
designee a citation of the City charging the customer with an
infraction of this Ordinance. The first citation issued shall
include a fine of one hundred dollars ($100.00). For each
subsequent citation issued in a ono (1) year period for
additional infractions the fine shall be increased respectively
by $50 over the prior citation up to a maximum of $250.00.
should the customer, after a minimum of three (3) citations, not
have complied with this ordinance that customer may be charged at
the discretion of the Director of Public Works or his designee
with a misdemeanor. Any customer convicted of a misdemeanor
under this Ordinance of the City shall be punished by a fine of
not more than one thousand dollars ($1,000.00), or by
imprisonment not to exceed six'(6) months, or by both such fine
and imprisonment. Each such customer charged with an infraction
or misdemeanor shall be guilty of a separate offense for each and
every day during any portion of which any violation of any
provision of the ordinances of the City is committed, continued,
or permitted by any such person, and he shall be punished
accordingly.
SRerien *F. This Ordinance shall expire at such time as
WBMWD should terminate its Water Conservation ordinance.
seat. Severability
If any section, subsection, sentence, clause, phase,
portion, or part of this Ordinance is for any reason held to be
invalid or unconstitutional by any court of competent
j.uriadict.ion, such decision shall not aftest tha validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have adopted this Ordinance and each
section, subsection, sentence, clause, phrase, part, or portion
thereof, irrespective of the fact that any one or more sections,
subsections, clauses, phrases, parts, or portions be declared
invalid or unconstitutional.
A&Q&JQQ.j7.* The city Council of the City of E1 Segundo
hereby declares that a serious water shortage exists and that the
protection of the public health, safety, and welfare of the
w
citizens of the community requires that this ordinance be adopted (_;
as an Urgency Ordinance.
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440
§e-t,� The City Clerk shall certify to the adoption of
this ordinance; shall cause the same to be entered in the book of
original ordinances of said City; shall make a minute of the
adoption thereof in the records of the meeting at which the same
is passed and adopted; and &hall cause it to be published in the
manner required by law.
PASSED, APPROVED AND ADOPTED this 19th day of February,
1991.
Mayor of the, ty of 81 Segundo,
0al1fornia
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061a
211
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Ronald L. Hart, City Clerk of the City of El Segundo, California, DO HERI3BY
CIiR'rlIY that the whole number of members of the City Council of the said City Is Ave;
that the foregoing ordinance, being Ordinance No. 1160 Is a full, true correct original of
Ordinance No. 1160 of the said City of El Segundo, California, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SP.GUNDO
DECLARING A WATER SHORTAGE EMERGENCY ADOPTING MANDATORY
WATER CONSERVATION REGULATIONS AND RESTRICTIONS AND
DECLARING THE URGENCY THEREOF,
which was duly passed and adopted by the said City Council, approved and signed by the
Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of
the said Council held on the 19th day of February, 1991, and the same was so passed and
adopted by the following vote:
AYES: C:ounciimembers Dannen, Clutter, West, Wise and
Mayor Jacobsen
NOES: None
ABSTENTIONS: None
I do hereby further certify that pursuant to the provisions of Section 36933 of the
Government Code of the State of California, that the foregoing Ordinance No. 1160 was
duly and regularly published according to law and the order of the City Council of said
City of El Segundo Herald, a weekly newspaper of general circulation, printed, published
and circulated within said City and that the same was so published therein on the
following day, to wit:
Ronald L. Hart
City Clerk of the
City of El Segundo, California
(Sr•.AI.)
�'7 F
2i2
EL SEGUNDO CITY COUNCIL MEETING DATE: September 15, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Supplemental staff report for Consent Agenda Item No. 24 regarding consideration and
possible action regarding the adoption of Ordinance No. 1433 adding a new Chapter 10 -5
to the El Segundo Municipal Code ( "ESMC ") regulating water conservation methods and
amending ESMC §§ 1 -2A -1, 1 -2A -2, and 1 -2A -3 to enforce Chapter 10 -5 with
administrative citations. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Waive second reading and adopt Ordinance No. 1433;
2. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Letter dated February 3, 2009 from MWD regarding grants
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $N /A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY:
REVIEWED BY:
APPROVED BY:
Karl H. Berger,
Mark D. Hensley, City
BACKGROUND AND DISCUSSION:
At the September 1, 2009, staff informed the City Council that, if adopted, the proposed
Ordinance would not make the City eligible to receive MWD grants. That information appears
to have been in error.
Attached for your information is a February 3, 2009 letter from MWD regarding water
conservation ordinances. Attachment 2 of that letter outlines the minimum requirements for
water conservation ordinances that would qualify cities to obtain grants. The City's ordinance
must include four minimum requirements:
1. Prohibited water uses (no washing down hard or paved surfaces; fix leaks
within reasonable time);
2. Outdoor irrigations practices (irrigation restrictions; no excessive water
flow or runoff);
3. Enforcement and penalties (may be elsewhere in the municipal code); and
4. Be complemented by a public information campaign.
I-r d Cz q
00
A review of the proposed Ordinance shows that it meets all four of these criteria. Consequently,
it appears that the City could obtain MWD grants with the proposed ordinance.
These requirements closely mirror State law. Water Code § 10631.5 sets forth what's required to
obtain state grants, including complying with Water Code § 10631. That Section (Water Code §
10631(f)) requires, among other things, that a potential grantee have in place "water waste
prohibitions" and "conservation pricing."
MWD adopted a "Water Supply Alert" resolution on June 10, 2008 which "urges" jurisdictions
to adopt and enforce "conservation and drought ordinances" that include
"tiered rate structures that promote conservation; restrictions on the hours of
outdoor watering; prohibitions on landscape irrigation runoff; provisions for water
efficient landscapes in new construction and landscape retrofits; hotlines or other
mechanisms for the public to report inefficient or prohibited water use;
restrictions on use of potable water for street cleaning; new or enhanced rebate
programs for water saving devices; new or enhanced incentives to maximize the
use of recycled water."
There is nothing that requires the City to adopt the MWD model ordinance verbatim. Indeed, the
model ordinance itself states that "[t]he model ordinance is a tool that can be adapted or revised
by member agencies and local governments to improve water use efficiency within their
jurisdictions "; "[t]he number of escalating water restriction levels and the actual triggers for
determining particular water supply conditions is left to the discretion of the adopting entity."
Lf��
MWD
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
Date: February 3, 2009
To: Member Agency Managers
From: Stephen N. Arakawa, Manager, Water Resource Management
Subject: Ordinance Prerequisite for Extraordinary Conservation Programs
On January 13, 2009, Metropolitan's Board authorized ordinance implementation criteria as a
prerequisite to participation in three extraordinary conservation programs:
• Phase II Public Sector Program
• Turf Removal Pilot Program
• New Enhanced Conservation Program.
Please note that board direction resulted in changes to the information letter submitted in January
and from our prior communications. A copy of our implementation schedule is provided in
Attachment 1. All of Metropolitan's other conservation programs do not require the prerequisite
for eligibility.
Ordinance Prerequisite Options
Metropolitan is initiating implementation of the three extraordinary conservation programs
within its budget capability. To comply with the Board's ordinance prerequisite, we request that
member agencies provide one of the following for each local jurisdiction, which can be a city,
water agency or county covering the proposed project site seeking an incentive.
1. Copy of the conservation ordinance and written description of the implementation plan
for a city, county, or water agency. Agencies that previously submitted ordinances to
Metropolitan must resubmit their ordinance and an implementation plan. Attachment 2
lists the required ordinance provisions. The implementation plan must enumerate the
applicable sections that address each of the required ordinance provisions. Metropolitan
will rely on written member agency assessments that local water efficiency requirements
are publicly communicated and enforced. Where agencies have ordinances with phased
implementation, the information provided must explain the phase currently in effect. To
be eligible for incentive funding, the phase in effect must comply with minimum
requirements at the time of funding.
2. Written pledge to develop an action plan and to work with a specific constituent
jurisdiction that would adopt a conservation ordinance and implementation plan including
the timeline for the following milestones:
0 14
Member Agency Managers
Page 2
February 3, 2009
• Infonm all local jurisdictions of need for conservation ordinance and
implementation
• Each jurisdiction secure commitment from its governing body to begin drafting
ordinance and implementation plan
• Develop draft ordinance and implementation plan
• Receive public input on draft ordinance and implementation plan
• Governing body adopt ordinance
• Enact ordinance
• Submit adopted ordinances and implementation plans to Metropolitan
3. Written statement attesting to and describing an alternative method or strategy that will
achieve at least 5 percent of additional water conservation savings in the local jurisdiction
over calendar year 2008 levels.
Prioritization
Priority for issuing financial incentives under the extraordinary programs will be given to
applicants that comply with Option 1.
Progress Reuortine
Staff will provide a progress report to Metropolitan's Board in June 2009. Sample progress
reports are provided in Attachment 3.
For jurisdictions that elect Option 1, member agencies must report on the status of public
communication and enforcement of the ordinance to Metropolitan by April 30 and October 30,
2009, and annually thereafter.
For jurisdictions that elect Option 2, member agencies must report status on progress to
Metropolitan on April 30, 2009. The report should include progress on each milestone
established above and remaining actions needed to complete work by July 1, 2009, in order for
that jurisdiction to remain eligible for the extraordinary conservation programs. Upon adoption,
member agencies must submit to Metropolitan a copy of the ordinance and implementation plan
and provide progress reports thereafter as outlined for Option 1.
For jurisdictions that elect Option 3, member agencies must provide reports on actual water
savings as compared to calendar 2008 levels by April 30 and October 30, 2009, and annually
thereafter.
0 193
Member Agency Managers
Page 3
February 3, 2009
Program Status
Currently, applications for Phase II Public Sector Program funding exceed $11 million. Since
program funding will be released on a fiscal year basis in increments of $5 million beginning this
fiscal year, it is in your best interest to submit the requested information outlined above as soon
as possible. With regards to the Enhanced Conservation Program, Metropolitan issued a
competitive Request for Proposals earlier this month and anticipates making selections and
negotiating agreements as early as April 2009. Additionally, we are awaiting execution of our
Turf Removal Pilot Program agreement with the Department of Water Resources, which has
indicated that funds will likely be suspended until further notice due to the unprecedented state
budget and financial crisis.
Please submit information in support of the ordinance prerequisite to the attention of
Mr. Raymond Jay. If you have any questions, please call Mr. Jay at (213) 217 -5777 or via email
at rjay @mwdh2o.com.
Stephen N. Arakawa
AMH:vs
o:\a\s\rn\2009\AMH—MemoMAOrdImplementRequest-doc
Attachments
cc: Board of Directors
Member Agency Conservation Coordinators
0 9
Attachment 1
Implementation Schedule
The key implementation milestones are summarized as follows:
January 2009 Participating member agencies must provide one of the following:
1. Copy of conservation ordinance and written description of the
implementation plan that meets the basic requirements; or
2. Written pledge to develop an action plan and to work with its
constituent jurisdictions (to be listed) to adopt conservation ordinances
and implementation plans; or
3. A written statement attesting to and describing an alternative method
or strategy that will achieve at least 5 percent of additional water
conservation savings in a local jurisdiction over calendar year 2008
levels.
April 2009 Participating member agencies submit progress reports on ordinance and
implementation plan development and adoption within their respective
jurisdictions. Reports must include progress toward the milestones.
Agencies choosing an alternative method or strategy must provide a
written report on water savings achieved over 2008 levels.
June 2009 Member agencies must submit one of the following:
1. Copy of conservation ordinance and description of implementation
plan to meet the basic requirements; or
2. A written statement attesting to and describing an alternative method
or strategy that will achieve at least five percent of additional water
conservation savings in a local jurisdiction over calendar year 2008
levels.
Metropolitan staff report to Board on service area progress.
July 2009 Ordinance prerequisite or alternative method or strategy required to
participate in the extraordinary conservation programs.
Begin FY 09/10 $5 million funding for Phase I1 Public Sector Program.
Note: After July 1, 2009, the written pledge to develop an action plan and to work with its
constituent jurisdictions to adopt conservation ordinances and implementation plans will no
longer be the basis for meeting the Board's ordinance prerequisite requirements.
6 9 5
Attachment 2
Basic Ordinance and Implementation Requirements for Extraordinary Conservation
Programs
The objective of the ordinance prerequisite is to achieve immediate and widespread efficiency
practices by retail water users and achieve water savings to contend with recent and potential
further water supply reductions to the region. Ordinance provisions are expected to be
complemented with public communication on the need for water -use efficiency and how to
achieve it. Examples of ordinance provisions have been provided to member agencies in the
form of model ordinances.
The measures described below are identified as basic requirements that would meet the criteria
for conservation ordinances and implementation:
Prohibited water uses
No washing down hard or paved surfaces
Fix leaks within reasonable time
2. Outdoor irrigation practices
Irrigation restrictions
No excessive water flow or runoff
3. Enforcement and penalty mechanisms; one or more of the following (these provisions
may be addressed by implementation practices separate from the ordinance):
— Administrative penalties
— Civil fines
— Flow restrictors
— Disconnection of service
— Misdemeanor
— Water allocation and penalties for exceeding allotment
— Escalating retail water rates
Alternative Compliance
A member agency would submit a written statement attesting to an alternative method or strategy
that a local jurisdiction would use to achieve at least 5 percent of additional water conservation
savings over calendar year 2008 levels. This would represent a proportionate share of the
200,000 acre -feet per year objective of new savings sought as a result of ordinance
implementation.
.t9
* Email notification of Agenda Packet posted to the City of El Segundo Website.
09 i
EL SEGUNDO CITY COUNCIL MEETING DATE: September 1, 2009
AGENDA STATEMENT AGENDA HEADING: Old Business
AGENDA DESCRIPTION:
Consideration and possible action to introduce and waive first reading of an ordinance adding a
new Chapter 10 -5 to the El Segundo Municipal Code ( "ESMC ") regulating water conservation
methods and amending ESMC §§ 1 -2A -1, 1 -2A -2, and 1 -2A -3 to enforce Chapter 10 -5 with
administrative citations. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
(1) Introduce and waive first reading of an ordinance adding Chapter 10 -5 to the ESMC and
amending ESMC §§ 1 -2A -1, 1 -2A -2, and 1 -2A -3;
(2) Schedule second reading and adoption for September 15, 2009;
(3) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Draft Ordinance
Sample ordinance from Metropolitan Water District (from 4/21/09)
Letter dated April 21, 2009 from Continental Development Corporation
Ordinance No. 1180, adopted April 21, 1992
Ordinance No. 1160, adopted February 19, 1991
FISCAL IMPACT: Included in Adopted Budget
Amount Budgete /A
Additional Appr r A
Account Number l.' ' N/A
ORIGINATED BY: Karl ssistant City Attorney
REVIEWED BY:
APPROVED BY: Mark Hensley, ity Attorney
BACKGROUND AND DISCUSSION:
As you are aware, in April 2009, the City Council considered a draft ordinance regulating water
conservation. That ordinance was the verbatim version of the Metropolitan Water District's
( "MWD ") draft model Water Conservation ordinance from December 2008. According to the
MWD, local water providers failing to adopt regulations that are at least as strict as MWD's
model ordinance would be ineligible to receive grant funding. In 2008, the City received grant
funds from Metropolitan Water District for the Environmental Expo in the amount of $3,000, and
most recently received $53,087 for the "It's Time to Get Serious " El Segundo Water
Conservation Banner Program.
[ ,i /11 f }
At its April 215` meeting, the City Council discussed the proposed ordinance. A majority of the
Council concluded that MWD's ordinance did not meet the City's needs and directed the City
Attorney's office to redraft the ordinance.
Included with this staff report is the redrafted ordinance which largely incorporates regulations
from the City's previously enacted water conservation ordinances: Ordinance Nos. 1160 and 1180
(collectively, "Previous Regulations "). While it borrows sparingly from the MWD model
ordinance, the regulations are nevertheless just as strict. rAmong other things, the proposed
ordinance accomplishes the following:
• requires persons to adopt drought water conservation programs (per the Previous
Regulations);
• requires leak repairs within 72 hours (the Previous Regulations allow 48 hours; the
MWD allows 7 days after receiving notice);
• prohibits watering landscaping between 9 a.m. and 5 p.m. (which follows the MWD
model ordinance; the Previous Regulations prohibit watering between 10 a.m. and 4
P.M.);
• prohibits wasteful use of water through various means including, e.g., watering
sidewalks and washing cars without a bucket/shutoff nozzle (per Previous Regulations
and MWD);
• requires commercial car wash facilities to use water recycling equipment (MWD
requires this beginning January 1, 2010);
• requires restaurants to serve water only upon request (both Previous Regulations and
MWD);
• allows the City Council to impose water use reductions by resolution to comply with
federal, state or regional restrictions because of emergency conditions (MWD has a
mandatory "Level" approach to which the City Council and Continental Development
Corporation objected; the proposed regulation allows greater flexibility);
• provides a procedure for waivers (per Previous Regulations and MWD); and
• allows administrative citations to be used for enforcing the water conservation
regulations (this allows for a civil proceeding rather than simply relying upon criminal
prosecution).
While staff generally tries to provide a redlined version of ordinances to assist with City Council
discussion, the extensive changes made by the City Attorney's office would make such
comparison impractical; most of the resulting document would show deleted language.
With the adoption of this ordinance there will be several new requirements that residents and
business owners need to be aware of. Staff will use various methods to get the information out to
the public such as water bill staffers, articles in the El Segundo Herald, the City's website and
Community Cable Channel.
y)99 647
ORDINANCE NO.
AN ORDINANCE ADDING A NEW CHAPTER 10-5 TO THE EL SEGUNDO
MUNICIPAL CODE ( "ESMC ") ESTABLISHING WATER CONSERVATION
MEASURES IN ACCORDANCE WITH WATER CODE § 375 AND
AMENDING ESMC §§ 1 -2A -1, 1 -2A -2, AND 1 -2A -3 TO ENFORCE ESMC
CHAPTER 10 -5 WITH ADMINISTRATIVE CITATIONS.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds as follows:
A. Protecting, conserving, and managing water supplies is an issue of
municipal concern. Contamination, drought, or damage to the City's
potable water infrastructure can lead to a water emergency.
B. The City receives all of its water from the West Basin Municipal Water
District ( "WBMWD ") and Metropolitan Water District of Southern California
( "MWD "; collectively, "Districts ").
C. It is in the public interest for the City to enact regulations for distribution
and use of potable water including, without limitation, water conservation
programs to encourage efficient water use and discourage waste.
SECTION 2: El Segundo Municipal Code ( "ESMC ") §§ 1 -2A -1, 1 -2A -2, and 1 -2A -3 are
amended to read as follows:
"1 -2A -1: Purpose.
This chapter is adopted pursuant to the city's police powers and Government Code
§ 53069.4 for the purpose of making any violations of El Segundo Municipal Code
§§ 5-4 -1 to 5-4 -13 (entitled "Storm Water and Urban Runoff Pollution Control) and
§4 10 -5 -1 to 10 -5 -23 (entitled "Water Conservation ") subject to an administrative
fine and to set forth the procedures for the imposition and collection of such fines.
1 -2A -2: Applicability.
This chapter provides for administrative citations that are in addition to all other legal
remedies, criminal or civil, which the city may pursue to address violations of the
Storm Water Code and Water Conservation Code. The use of this chapter is at the
sole discretion of the code enforcement officer.
1 -2A -3: Definitions:
Unless the contrary is stated or clearly appears from the context, the following
definitions govern the construction of the words and phrases used in this chapter:
A6 O G�8
"Water Conservation Code" means H 10 -5 -1 to 10 -5 -23 of the El Segundo
Municipal Code and any federal, state, or local regulation enforced by and through
the Water Conservation Code includina, without limitation, pertinent provisions of
Titles 13 and 15 of this Code."
SECTION 3: A new Chapter 10 -5, entitled Water Conservation, is added to the ESMC
to read as follows:
"CHAPTER 10 -5
WATER CONSERVATION
10 -5 -1:
Purpose.
10 -5 -2:
Definitions.
10 -5 -3:
Water Conservation Program.
10 -5-4:
Repair of Plumbing, Sprinkler and Irrigation System.
10 -5 -5:
Watering /Irrigation.
10 -5 -6:
Miscellaneous Restrictions.
10 -5 -7:
Commercial Car Washes.
10 -5-8:
Washing of Equipment and Machinery.
10 -5 -9:
Cleaning of Structures.
10 -5 -10:
Cleaning of Surfaces.
10 -5 -11:
Water Spillage.
10 -5 -12:
Swimming Pools and Spas.
10 -5 -13:
Fountains, Decorative Basins, Ponds, Waterways.
10 -5 -14:
Cooling Systems.
10 -5 -15:
Commercial Laundry Facilities.
10 -5 -16:
Visitor - Serving Facilities.
10 -5 -17:
Restaurants.
10 -5 -18:
Construction.
10 -5 -19:
Use of Hydrants.
10 -5 -20:
Indiscriminate Use.
10 -5 -21:
Public Health and Safety.
10 -5 -22:
Water shortage contingency measures.
10 -5 -23:
Relief from compliance.
10 -5 -1: Purpose.
This Chapter is adopted pursuant to Water Code § 375 for the purpose of
establishing water conservation requirements and implementing contingency
measures in the event of water shortages.
10 -5 -2: Definitions.
Unless the contrary is stated or clearly appears from the context, the
2 s tai Gill
following definitions govern the construction of the words and phrases used
in this Chapter.
"Impervious surface" means a constructed or modified surface that cannot
effectively percolate water. The terms includes, without limitation, sidewalks,
driveways, gutters, and roads.
"Person" means a natural or corporate person who receives potable water
service from the City.
"Programmed" means a weather -based or senor -based irrigation controller
that was programmed in accordance with manufacturer's instructions and
site - specific conditions.
"Responsible person" means the person responsible for daily operations of
every residential or commercial premises located within the City's jurisdiction
including, without limitation, the property owner.
"Sensor -based irrigation controller" means an irrigation controller that
operates based upon input received from any combination of sensors such
as rain, light, and soil moisture, installed within or around an irrigated
landscape area.
"Weather -based irrigation controller" means an irrigation controller that
operates based on evapotranspiration rates and historic or real -time weather
data.
10 -5 -3: Water Conservation Program.
All water customers are required to adopt and put into use at the earliest
possible date drought water conservation programs.
10 -5-4: Repair of Plumbing, Sprinkler and Irrigation System.
Responsible persons must, as soon as practicable, but not later than
seventy-two (72) hours after such person first discovers water leaks,
commence repair of any leaking pipes, faucets, plumbing fixtures, other
water service appliances, sprinklers, watering or irrigation systems, or
distribution systems and promptly complete such repair work, unless a
waiver is obtained from the City.
10 -5 -5: Watering /Irrigation.
It is unlawful for any person to water their lawn or landscaping or permit their
lawn or landscaping to be watered between the hours of nine (9:00) AM and
seven (5:00) PM, except as provided below:
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A. Persons may operate an irrigation system between 9:00 AM and 5:00 PM
for the purpose of installing, repairing or routine maintenance of the same;
B. Persons may water between the hours of 9:00 AM and 5:00 PM using any
of the following methods:
1. Properly programmed weather' based and /or sensor -based
irrigation controllers;
2. Drip irrigation;
3. By hand, using a bucket; or
4. By hand, using a hose with an automatic shutoff nozzle.
10 -5 -6: Miscellaneous Restrictions. The following are unlawful for any person:
A. Allowing grass, lawns, groundcover, shrubbery, and open ground to be
watered at any time while it is raining.
B. Operating landscape irrigation system(s) that allow overspray or excess
runoff onto impervious surfaces (such as sidewalks, driveways, v- ditches,
gutters and roadways).
C. To use a water hose to wash any vehicle including, without limitation,
cars, trucks, boats, trailers, recreational vehicles, or campers, or any other
aircraft, tractor, or any other vehicle, or any portion thereof, unless the
hose is equipped with an automatic shutoff nozzle. Except for individual
residential vehicle washing, all wash water from vehicle washing /cleaning
activity must be prevented from discharging to the stormwater drainage
system.
10 -5 -7: Commercial Car Washes.
A. It is unlawful for commercial car wash facilities to permit the washing of
any boat or vehicle in such facility or on its premises, other than by the
following methods:
Use of mechanical automatic car wash facilities utilizing water
recycling equipment;
2. Use of a hose that operates on a timer for limited time periods and
shuts off automatically at the expiration of the time period;
3. Use of a hose equipped with an automatic shutoff nozzle; or
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4. Use of bucket and hand washing.
B. All wash /rinse water must be captured and recycled or discharged into the
sanitary sewer system.
C. All new commercial conveyor car wash facilities must be equipped with a
water recycling system.
10 -5 -8: Washing of Equipment and Machinery.
It is unlawful for any person to use a water hose to wash any type of
equipment or machinery, or any portion thereof, unless the hose is equipped
with an automatic shutoff nozzle. All wash water from such washing /cleaning
activity must be prevented from discharging to the stormwater drainage
system.
10 -5 -9: Cleaning of Structures.
It is unlawful for any person to use water through a hose to clean the exterior
of any building or structure unless such hose is equipped with a shutoff
nozzle. All wash water from such activity must be prevented from
discharging to the stormwater drainage system.
10 -5 -10: Cleaning of Surfaces.
It is unlawful for any person to use water through a hose to clean any
sidewalk, driveway, roadway, parking lot, or any other outdoor paved or hard
surfaced area, unless all wash water from such activity is prevented from
discharging to the stormwater drainage system.
10 -5 -11: Water Spillage.
Every person must minimize water spillage into streets, curbs, or gutters and
minimize runoff beyond the immediate area of use. Every person is deemed
to have under his /her control at all times his /her water distribution lines and
facilities, and to know the manner and extent of his /her water use and excess
runoff.
10 -5 -12: Swimming Pools and Spas.
It is unlawful for any person to empty and refill a swimming pool or spa
except to prevent or repair structural damage or to comply with public health
regulations. Discharge of pool water, other than directly to the sanitary sewer
system, must be consistent with this Code with regard to stormwater.
Discharge of pool filter backwash water to the stormwater drainage system is
prohibited. All pools and spas must be equipped with a water recirculation
device. The use of a pool /spa cover is encouraged to prevent evaporative
water loss.
10 -5 -13: Fountains, Decorative Basins, Ponds, Waterways.
It is unlawful for any person to use water to operate or maintain levels in
decorative fountains, basins, ponds, and waterways unless a recirculation
device is in use. Discharge of water, other than directly to the sanitary sewer
system, must be consistent with this Code with regard to stormwater.
Discharge of filter backwash water to the stormwater drainage system is
prohibited.
10 -5 -14: Cooling Systems.
No single pass cooling systems are permitted in new connections.
10 -5 -15: Commercial Laundry Facilities.
New commercial laundry facilities must be equipped with a water reclamation
system for rinse water.
10 -5 -16: Visitor- Serving Facilities.
The owner and manager of each hotel, motel, restaurant, and other visitor -
serving facility must ensure that such facility displays, in places visible to all
customers, placards or decals approved by the City, promoting public
awareness of the need for water conservation and /or advising the public that
waste of water is prohibited.
10 -5 -17: Restaurants.
Restaurants in the City cannot serve water to restaurant customers, except
upon request of the customer.
10 -5 -18: Construction.
A. It is unlawful to use potable water for compacting or dust control purposes
in construction activities where there is a reasonably available source of
recycled or other non - potable water approved by the California State
Department of Health Services and appropriate for such use.
B. All water hoses used in connection with any construction activities must
be equipped with an automatic shutoff nozzle when an automatic shutoff
nozzle can be purchased or otherwise obtained for the size or type of
hose in use.
y J
10 -5 -19: Use of Hydrants.
It is unlawful for any person to utilize any fire hydrant for any purpose other
than fire suppression or emergency aid, without first obtaining written
approval from the City Manager, or designee.
10 -5 -20: Indiscriminate Use.
It is unlawful for any person to cause or permit the indiscriminate running of
water not otherwise prohibited by this chapter which is wasteful and without
reasonable purpose.
10 -5 -21: Public Health and Safety.
These regulations cannot be construed to limit water use which is
immediately necessary to protect public health or safety.
10 -5 -22: Water shortage contingency measures.
The City Council by resolution is authorized to require or impose reductions
in the use of water if such reductions are necessary in order for the City to
comply with water use restrictions imposed by federal, state or regional water
agencies or to respond to emergency water shortage conditions. Depending
on the expected duration and severity of the shortage, these measures may
include, without limitation, the following:
A. Prohibit the filling or emptying and refilling of swimming pools, excluding
normal maintenance of water levels due to evaporation.
B. Prohibit the use of a temporary fire hydrant meter from the City, or
otherwise using water through a temporary City water service.
C. Require all major water users to reduce their usage by the percentage
determined by the City Manager, or designee, to be necessary to sustain
adequate water supply for the City. Such percentage must be based both
on the rate of supply to the City and the rate of current water demand.
D. Impose an additional water surcharge above and beyond the existing City
water rates on all City residents, water users and water consumers who
fail or refuse to abide by the requirements, restrictions and priorities
adopted by the City in response to the emergency water shortage
condition.
E. Employ additional City staff to monitor water usage, provide assistance to
water users to reduce their water consumption, and to police the
7 654
enforcement of the requirements, restrictions and priorities adopted by the
City in response to the emergency water shortage condition.
F. Suspend all sales and deliveries of City water, or use of City water, for
construction or grading purposes.
G. Reduce or prohibit consumption or use of City water by residential,
recreational, commercial, industrial and institutional water users for
landscape irrigation purposes.
H. Initiate or implement additional or innovative actions to increase the
supply of water available to the City and to conserve the City's existing
water supply.
10 -5 -23: Relief from compliance.
The City Manager, or designee, may grant written waivers to persons who
apply on forms supplied by the City for:
A. Prohibited uses of water if it is found that a waiver is necessary to prevent
an emergency condition relating to health and safety, and if the person
seeking a waiver demonstrates that he or she implemented water
conservation measures in some other manner that achieves the
objectives of this Chapter. No waiver can be granted for the filling of any
decorative fountain, basin, pond, hot tub, spa or permanent swimming or
wading pool, unless the filling occurs as the result of performing
necessary leak repairs and unless the other provisions of this Section are
met.
B. No waiver can be granted unless the person demonstrates that he or she
has already achieved the maximum practical reduction in water
consumption as can be achieved by the affected property or business.
Any waiver granted must be based upon the water consumption rates of
similar water users, properties or businesses."
SECTION 4: CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION. This
ordinance is exempt from review under the California Environmental Quality Act
(California Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA regulations
(14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and
procedures to permit operation of existing facilities; minor temporary use of land;
ensure maintenance, restoration and protection of the environment; and regulate
normal operations of facilities for public gatherings. This Ordinance, therefore, is
categorically exempt from further CEQA review under Cal. Code Regs. Title 14, §§
15301, 15304(e), 15308, and 15323.
SECTION 5: SAVINGS CLAUSE. Repeal of any provision of the SPMC or any other
8 107 6 5. -
regulation by this Ordinance does not affect any penalty, forfeiture, or liability incurred
before, or preclude prosecution and imposition of penalties for any violation occurring
before, this Ordinance's effective date. Any such repealed part will remain in full force
and effect for sustaining action or prosecuting violations occurring before the effective
date of this Ordinance.
SECTION 6: SEVERABILITY. If any part of this Ordinance or its application is
deemed invalid by a court of competent jurisdiction; the city council intends that such
invalidity will not affect the effectiveness of the remaining provisions or applications and,
to this end, the provisions of this Ordinance are severable.
SECTION 7: VALIDITY OF PREVIOUS CODE SECTIONS. If this the entire Ordinance
or its application is deemed invalid by a court of competent jurisdiction, any repeal of
the SPMC or other regulation by this Ordinance will be rendered void and cause such
SPMC provision or other regulation to remain in full force and effect for all purposes.
SECTION 8: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of El Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting;
and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it
to be published or posted in accordance with California law.
SECTION 9: This Ordinance will take effect on the 31 st day following its final passage
and adoption.
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
1.08 6Jt� .,
CONTINENTAL DEVELOPMENT CORPORATION
HAND DELIVERED AND VIA ELECTRONIC MAIL
April 21, 2009
City Council
City of El Segundo
350 Main Street
El Segundo, CA 90245
Subject: Agenda Item 10 — Draft Water Conservation Ordinance
Honorable Mayor McDowell and City Council Members:
It is evident that the current water supply situation in California is highly uncertain.
California faces a third consecutive year of historically dry conditions, reservoir levels
have been drawn down over the past two years, and uncertainties and limitations have
been placed on imported water deliveries. The current water supply conditions mean that
all Californians must eliminate wasteful water use practices and focus on water
conservation and best practices for efficient use of potable water.
Continental Development Corporation (CDC) is committed to proactive resource
conservation and supports the City's action to amend and update its existing water
conservation ordinance to reflect current conditions. CDC respectfully submits the
following comments regarding the draft water conservation ordinance. These comments
focus on requests for clarification and suggestions for potential alternative methods to
achieve the objectives of the proposed ordinance with flexibility of implementation.
Sections 10.02.10., 11, 12: Water Supply Shortage:
Further clarification is requested as to what event(s) and /or event thresholds may cause
the City to declare a Level 1, 2, or 3 Water Supply Shortage.
Section 10.02.10: Level 1. Water Supply Shortage:
1. Limits on Watering Days:
The proposed ordinance establishes limits on watering to no more than three days per
week except during the months of November through March when watering with
potable water is limited to one day a week with exceptions for drip irrigation systems
and by hand held hose with a shut -off nozzle.
The one day per week restriction during November through March presents potential
challenges for adequate maintenance of lawns and plantings in areas where hand
iV
2041 ROSECRANS AVENUE, P.O. BOX 916, EL SEGUNDO. CALIFORNIA 90245-0916
PHONE (310) 640 -1520 • FAX (310) 414 -9279
65(
CONTINENTAL DEVELOPMENT CORPORATION
April 21, 2009
El Segundo City Council
Page 2
watering with a hose is not possible due to lack of a nearby hose bib. Proposed
Section 10.02.09 Water Conservation Requirements — Prohibition Against Waste
includes item b. Limit on Watering Duration which limits watering duration to no
more than fifteen minutes watering per day per station. It is requested that the
ordinance provide an option to continue to water three days per week during the
months of November through March with watering duration limited to no more than
five minutes per day per station. This option imposes the same water use limit while
providing flexibility. Users equipped with irrigation systems and time clocks can
achieve the same water savings objective by using best practices in the utilization of
their irrigation systems.
Section 10.02.11 Level 2 Water Supply Shortage
1. Watering Days
Level 2 Water Shortage limits watering days to two days per week and includes
the Level 1 restriction to limit watering no more than one day per week during
November through March. It is requested that the same option requested for
Level 1 apply to Level 2, so t users may utilize their irrigation systems to continue
to water two days per week during November through March with a requirement
that watering duration limited to no more than 7 minutes per day per station. .
Section 10.02.12 Level 3 Water Supply Shortage -- Emergency Conditions
No Watering or Irrigating: This measure limits maintenance of vegetation to
watering with hand held container or hand held hose with a shut -off nozzle.
Commercial complexes that typically use zoned irrigation systems are not equipped
with hose bibs in all the necessary locations that may be needed to reach and maintain
minimum vegetation, including trees and shrubs, with a hand held hose. It is
requested that users equipped with zoned irrigation systems with time clocks be
permitted to utilize the zone capability of the irrigation system to water vegetation
two days per week as long as the volume of water used does not exceed the volume of
water that would be used with a hand held hose and that all other requirements of the
ordinance are adhered to. This option provides flexibility to maintain minimum
vegetation in areas that cannot practically be reached with h hose.
As California continues to face dry conditions, water supply uncertainties and a
growing population, it is critical that everyone practice water conservation to help
meet our conservation goals. We need drought protection and reduced dependence
110
658
CONTINENTAL DEVELOPMENT CORPORATION
April 21, 2009
El Segundo City Council
Page 3
on imported water supplies. Increased local control of our water supply will result in
a more stable and reliable supply of water.
CDC is committed to practicing proactive resource conservation and will continue to
investigate new strategies to expand its conservation efforts.
Thank you for consideration of our comments. I am available to answer any
questions regarding these comments at 310 -640 -1520, Ext. 205 or via email at
treina @continentaldevelopment.com.
Sincerely,
Jart.'C�
Toni Reina
Planning Manager
M
Copy: Dana Greenwood, Public Works Director
Cindy Mortesen, City Clerk
Richard C. Lundquist, CDC
Lianne Ibarra, CDC
Alex J. Rose, CDC
659
ORDINANCE NO. 1180
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HL
SEGUNDO DECLARING A CONTINUANCE OF THE WATER SHORTAGE
EMERGENCY, RtBCZNDING CITY X&NDATORY WATER CONSERVATION
ORDINANCE NO. 1160 AND ADOPTING THE CITY VOLUNTARY
WATER CONSERVATION ORDINANCE.
THE CITY COUNCIL OF THE CITY OF EL SHGUNDO does ordain
as follows:
Section 1. Purpose and Scope.
The City of E1 Segundo (hereinafter called City) receives
all of its potable (drinking) water supplies from the West Basin
Municipal Water District (hereinafter called WBMWD) which
District receives all of its potable water supplies from The
Metropolitan Water District of Southern California (hereinafter
called MWD) . In February 1991 WBHWD and MWD respectively
declared water shortage emergencies and adopted mandatory water
conservation programs which required a 203 reduction in usage of
non - interruptible municipal and industrial water supplies. The
City of El Segundo as a look user of non - interruptible treated
municipal and industrial water supplies from MWD and WBMWD was
required to adopt a conservation program similar to that of MWO
and WBMWD. On 3/10/92 MWD changed the level of required
conservation to a 103 mandatory level effective 3/1/92.
on 3/27/92 MWD changed the 103 conservation requirement from that
of a mandatory program to that of a voluntary program.
Sect�o". Eindings.
The Council does hereby find, determine and declare as
follows:
a. The City did on 2/19/91 adopt a Mandatory water
Conservation Program as Ordinance No. 1160 effective that date
that established a mandatory level of conservation at 203 below
the baseline period of 1989 -90 as a requirement of WBMWD and MWD.
b. MWD on 3/10/92 changed the level of mandatory water
conservation to 103 of the 1989 -90 baseline period and
accordingly allocated an increased supply of water to the WBMWD.
C. MWD on 3/27/92 changed the mandatory conservation
program to that of a voluntary program at a level of 104 below
the 1989 -90 baseline year usage.
d. WBMWD is proceeding to change their conservation
program.
e. The change in the level of Mandatory water Conservation
by MWD and WBMWD from 203 to 103 of the 1989 -90 baseline and from
mandatory to voluntary permits the City to do likewise.
f. The change in the level of Mandatory Water Conservation
by MWD, WBMWD and the City to lot of the 1989 -90 baseline on a
voluntary basis will not have any significant adverse
environmental impacts as disclosed by environmental documents
prepared and distributed as required by law. A Notice of
Categorical Exemption has been filed and is hereby adopted and
approved.
g. Ordinance No. 1160 is hereby rescinded and replaced by
this Ordinance.
Page 1 of 6
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(1) With respect to practices:
Lawn watering and landscape irrigation with
potable water is to be generally only permitted between the hours
of 4 p.m. and 10 a.m. Golf courses, parks, school grounds and
recreational fields are to generally be irrigated within the
designated times. For the purpose of maintenance and testing the
irrigation system minimum water use will be allowed during the
daytime.
)( Agricultural users, commercial nurseries,
landscape contractors and irrigation of livestock and irrigation
of propagation beds may continue to irrigate with potable water
as management practices dictate, but are requested to curtail all
non - essential water uses.
Hand watering is recommended to be done by
use of a hand-h.11 hose equipped with a positive shut -off nozzle,
a hand -held faucet - filled bucket of five gallons or less is used,
or a drip irrigation system is used.
(2) With respect to exterior washing practices:
(a) Washing of building, facilities, equipment,
autos, trucks, trailers, boats, airplanes and other types of
mobile equipment should be curtailed except where a hand -held
hose equipped with a positive shut -off nozzle for quick rinses is
used. I&Snevey posatbte,
(b) Washings are exempted from these regulations
where the health, safety and welfare of the public is contingent
upon frequent vehicle or other facility or equipment cleaning,
such as garbage trucks and vehicles used to transport food and
perishables.
(c) Water should not be used to wash down
sidewalks, driveways, parking areas, residential tennis courts,
patios or other paved areas except to alleviate immediate fire,
sanitation or health hazards.
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Section ®3. Water Allotment.
The purpose of this Ordinance is to reduce the amount of
potable water consumed by city customers by a minimum of lot
below the base year usage.
Section 4. Use Restriction Guidelines.
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a. All water customers are required to adopt and put into
use at the earliest possible date drought water conservation
programs. Those customers whose consumltion places them in the
o• 100 largest quantity consumers of watet on a 12 month basis in
\ the City shall have filed under former Ordinance No. 1160 their
written conservation plans with the City. Such plans as accepted
by the City shall hereby be considered to be consistent with this
Ordinance other than the goal thereof shall be to conserve 10% of
the 1989 -90 baseline year usage on a voluntary basis. Any new
business whose anticipated consumption would place them in the
top loo users in the City shall file also a plan with the city
upon applying for the water service.
b. All uses by water service customers of the City and the
programs of the top 100 users are to be consistent with the
following restrictions concerning the use of water:
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(1) With respect to practices:
Lawn watering and landscape irrigation with
potable water is to be generally only permitted between the hours
of 4 p.m. and 10 a.m. Golf courses, parks, school grounds and
recreational fields are to generally be irrigated within the
designated times. For the purpose of maintenance and testing the
irrigation system minimum water use will be allowed during the
daytime.
)( Agricultural users, commercial nurseries,
landscape contractors and irrigation of livestock and irrigation
of propagation beds may continue to irrigate with potable water
as management practices dictate, but are requested to curtail all
non - essential water uses.
Hand watering is recommended to be done by
use of a hand-h.11 hose equipped with a positive shut -off nozzle,
a hand -held faucet - filled bucket of five gallons or less is used,
or a drip irrigation system is used.
(2) With respect to exterior washing practices:
(a) Washing of building, facilities, equipment,
autos, trucks, trailers, boats, airplanes and other types of
mobile equipment should be curtailed except where a hand -held
hose equipped with a positive shut -off nozzle for quick rinses is
used. I&Snevey posatbte,
(b) Washings are exempted from these regulations
where the health, safety and welfare of the public is contingent
upon frequent vehicle or other facility or equipment cleaning,
such as garbage trucks and vehicles used to transport food and
perishables.
(c) Water should not be used to wash down
sidewalks, driveways, parking areas, residential tennis courts,
patios or other paved areas except to alleviate immediate fire,
sanitation or health hazards.
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(d) Water should not be allowed to run off
landscape areas into adjoining streets, sidewalks, or other paved
areas due to incorrectly directed or maintained sprinklers or
excessive watering.
(3) With respect to ornamental or recreational uses:
(a) Filling and refilling residential swimming
pools and spas should be held to a minimum, but if necessary
should only be done between the hours of 6 p.m. and 6 a.m.
(b) Filling and refilling of ponds, fountains,
and artificial lakes is discouraged and the recycling of water in
ponds, fountains, and artificial lakes is recommended.
(4) With respect to other uses:
(a) Water from fire hydrants is to only be used
for fire fighting and public health, safety, and welfare
activities including public street sweeping.
b) Water from meters installed on fire hydrants
may be used for construction purposes proved the contractor
practices conservation.
(c) Flushing of water mains should only be done
as necessary to protect the public health.
(d) Eating establishments should practice water
conservation for all water usages.
A< Water system leaks are recommended to be repaired
as soon as possible after being discovered and should not be
allowed to continue for an unreasonable time..
r The base year allocation to the City set by the
WHMWD is eflned as a consecutive 12 monthly water delivery
amounts for the period of July 1, 1989 through June 30, 1990,
inclusive.
&egti ®. Enforcement.
The Director of Public Works of the City of E1 Segundo or
his designated representative shall have the duty and are hereby
authorized to work with and assist water system customers in
meeting the provisions of this ordinance and shall have all the
powers and authority contained in California Penal Code Section
836.8, including the power to issue written notice to appear.
^fi on 7. Nonapplication of ordinance.
This ordinance shall be inoperative to the extent any
regulations and restrictions adopted pursuant to Division I,
Chapter 3, of the Water Code conflict.
�secti1oon 8 This ordinance shall expire at such time as
WgMWD should terminate its corresponding Water Conservation
ordinance.
Sect"--2- Severability.
If any section, subsection, sentence, clause, phrase,
portion, or part of this ordinance is for any reason held to be
invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have adopted this Ordinance and each
Page 3 of 6
�0'
section, subsection, sentence, clause, phrase, part, or portion
thereof, irrespective of the fact that any one or more sections,
subsections, clauses, phrases, parts,or portions be declared
invalid or unconstitutional.
0. The City clerk shall certify to the adoption of
this Sr nance; � shall cause the same to be entered in the book of
original ordinances of said City; shall make a minute of the
adoption thereof in the records of the sheeting at which the same
is passed and adopted) and shall cause it to be published in the
manner required by law.
PASSED, APPROVED AND ADOPTED this 21st day of April, 1992,
or of he t rof E1 Segundo
CaWornis
ATTEST:
dy Mo , n,
ity C1 �(SBA�L)
Page 4 of 6
i
663
SPATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EI. SEGUNDO
I, Cindy Mortesen, City Clerk of the City of Ell Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five;
that the foregoing ordinance, being ORDINANCE NO, 1180 is a full, true correct original
of ORDINANCE NO. 1180 of the said City of El Segundo, California, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO
DECLARING A CONTINUANCE. OF THE WATER SHORTAGE EMERGENCY,
RESCINDING CITY MANDATORY WATER CONSERVATION ORDINANCE
NO. 1160 ANDADOPTING THE CITYVOLUNTARY WATER CONSERVATION
ORDINANCE.
which was duly passed and adopted by the said City Council, approved and signed by the
Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of
the said Council held on the 21st DAY OF APM 1992, and the same was so passed
and adopted*by the following vote:
AYES: Mayor Jacobson, Mayor ProTem Wise, Councilmembers
Robbins, Swiv, and West.
NOES: None
ABSTENTION: None
I do hereby further certify that pursuant to the provisions of Section 36933 of the
Government Code of the State of California, that the foregoing ORDINANCE NO. 1180
as duly and regularly published according to law and the order of the City Council of said
City of El Segundo Herald, a weekly newspaper of general circulation, printed, published
and circulated within said City and that the same was so published therein on the
following day, to wit:
CIN
City Jerk of th
City of El Segundo, California
(SEAL)
j h
�1t��64
ORDINANCE NO. 1160
AN ORDINANCE OF TAE CITY COUNCIL
Or THE CITY OF 8L SHGUNDO
DECLARING A WATER SHORTAGE EHERGBNCY
ADOPTING MAND36TORY WATER 0099ERVATION
REGULATIONS AND RESTRICTIONS AND DECLARING
THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO does ordain
as follows:
tiers �. purpose and Scope
The City of El Segundo (hereinafter called City) receives
all of its potable water supplies from the rest Basin Municipal
Water District, (hereinafter called WBMWD) which District
receives all of its potable water supplies from The Metropolitan
Water District of Southern California (hereinafter called MWD) .
The WBMWD and MWD have declared water shortage emergencies as a
result of a continuing severe drought and have both adopted
mandatory water conservation regulations and restrictions. These
regulations and restrictions will significantly affect and limit
the City's efforts and responsibilities of providing potable
water to the City's citizens and businesses. The WBMWD requires
that each organization buying water adopt a conservation program
consistent with WBMWD's program. To assist the City in meeting
its obligations in a reasonable manner and to be responsive to
the drought situation the City needs to adopt a similar program.
crrin Findings
The Council does hereby find, determine and declare as
follows:
a. The City obtains from the WBMWD all of the potable
water needed to serve its water using customers. The WBMWD
delivered 20,681.7 acre feet of potable water to the City in the
bass year of June 1, 1969 to May 31, 1990, inclusive (hereinafter
called base year).
b. WBMWD on January 28, 1991, adopted a mandatory water
conservation program, the :intent of which is to cause the overall
reduction in water usage of a minimum of 10 %, commencing February
1, 1991 due to a water shortage caused by the drought which is
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affecting most of the state of California. Subsequently the MWD
adopted on February 12, 1991, a program of 20% reduction in water
usage to be effective March 1, 1991. The WBMWD on February 25,
1991 adopted a similar program to become effective March 1, 1991.
As a result, the allocation of water to the City for distribution
to City water system customers will be reduced by the WBMWD by
approximately 20 %, or 4,130 acre feet.
C. The ordinary demands and requirements of water using
consumers cannot be satisfied without depleting the available
water supply to the extent that there would be insufficient water
supplies for human consumption, sanitation and fire protection
due to the reduction in the supply allocation imposed by the
WBMWD due to the drought. The City, to protect the health,
welfare and safety of the community, must immediately impose
regulations and require all water customers within the City's
boundaries to implement a drought water conservation program
thereby reducing the amount of water needed by those customers.
Should all of the water customers of the city implement their
individual water conservation programs, the amount of water
allocated can be equitably used to meet the primary health and
safety needs of the City.
d. The City supplies approximately 21,000 acre feet of
potable water in an average year to approximately 4,580 customer
meters serving many residential units, commercial and industrial
businesses.
e. The regulations and restrictions set forth herein will
not produce any significantly adverse environmental impacts as
disclosed by environmental documents prepared and distributed as
required by law. A negative declaration covering the adoption of
the regulations and restrictions described below is hereby
adopted and approved.
f. There is a need to put this ordinance into effect at
the earliest possible date as an Urgency Ordinance. That
effective date is hereby established to be February 19, 1991.
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la ton s. Water Allotment
The purpose of this ordinance is to reduce the amount of
potable water consumed by city customers by a minimum of 204
below the base year usage.
.S4CtLgD= . Use Restriction Guidelines
a. All water customers are required to adopt and put into
use at the earliest possible date drought water conservation
programs. Those customers whose consumption places them in the
100 largest quantity consumers of water on a 12 -month basis in
the City shall file no later than March 15, 1991 their written
conservation plans with the City.
b. All programs should be consistent with the following
restrictions concerning the use of water:
(1) With respect to practices:
(a) Lawn watering and landscape irrigation with
potable water is permitted only between the hours of 4 p.m. and
io a.m. Golf courses, parks, school grounds and recreational
fields are to be irrigated within the designated times. For the
purpose of maintenance and testing the irrigation system only,
minimum water use will be allowed during the daytime.
Agricultural users, commercial nurseries, landscape contractors
and irrigation of livestock and irrigation of propagation beds
may continue to irrigate with potable water as management
practices dictate, but are required to curtail all non - essential
water uses.
(b) Watering is permitted at any time if a hand-
held hose equipped with a positive shut -off nozzle is used, a
hand -held faucet- filled bucket of five gallons or less is used,
or a drip irrigation system is used.
(2) With respect to exterior washing practices:
(a) Washing of buildings, facilities, equipment,
autos, trucks, trailers, boats, airplanes and other types of
mobile equipment is restricted except where a hand -held hose
equipped with a positive shut -off nozzle for quick rinses is
used. Whenever possible, such as when washing vehicles, a bucket
wash is required. cc
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(b) Washings are exempted from these regulations
where the health, safety and welfare of the public is contingent
upon frequent vehicle or other facility or equipment cleaning,
such as garbage trucks and vehicles used to transport food and
perishables.
(c) water shall not be used to wash down
x
sidewalks, driveways, parking areas, residential tennis courts,
patios or other paved areas except to alleviate immediate fire,
sanitation or health hazards.
(d) Water shall not be allowed to run off
landscape areas into adjoining streets, sidewalks, or other paved
areas due to incorrectly directed or maintained sprinklers or
excessive watering.
(3) With respect to ornamental or recreational uses:
(a) Filling and refilling residential swimming
pools and spas is discouraged, but if necessary is only allowed
between the hours of 6 p.m. and 6 a.m.
(b) Filling and refilling of ponds, fountains,
and artificial lakes is discouraged and the recycling of water in
ponds, fountains, and artificial lakes shall be required.
(4) With respect to other uses:
(a) Water from fire hydrants shall only be used
for fire fighting and public health, safety, and welfare
activities including public street sweeping.
(b) Flushing of water mains is not permitted
except as necessary to protect the public health.
(c) Restaurants shall not serve water to their
customers unless specifically requested.
(5) Leaks shall be repaired as soon as possible after
being discovered and shall not be allowed to continue for more
than 48 hours.
a,g ien 5. Base Year Billing Systems
The WBMWD bills monthly the City for water delivered in the
prior month based on meter readings that are taken on or about
the first day of each month.
The base year allocation to the City set by the WBMWD is JL
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Gh,
defined as the consecutive 12 monthly water delivery amounts for
the period of June 1, 1989 through May 31, 1990, inclusive.
The City bills some of its customers monthly and some bi-
monthly.
The City's billing period for the monthly customer
approximates the monthly billing period of the WBMWD. A monthly
non - exempt customer will be subject to =being billed by the City
for applicable surcharges /incentives /penalties for consumption
beginning March 1, 1991.
A bi- monthly non- exempt customer will be subject to being
billed by the City for applicable surcharges /incentives /penalties
for the respective first regular bi- monthly period for that
customer beginning after March 1, 1991 and ending following
termination of the Program.
er�n�. Enforcement
(a) The Director of Public Works of the City of
E1 Segundo or his designated representative shall have the duty
and are hereby authorized to enforce the provisions of this
Ordinance and shall have all the powers and authority contained
in California Penal Code section 836.5, including the power to
issue written notice to appear.
(b) Each law enforcement officer of the City
shall, in connection with his duties imposed by law, diligently
enforce the provisions of this ordinance,
Saetien �. Customers Exempt from
Surcharge /incentive /Penalty Provisions of Ordinance
(a) All customers on the City Lifeline Water Rate
schedules are expected to do their reasonable best to conserve
water. The Lifeline customers shall be exempt from the
surcharge /incentive /penalty water rate portions of the City Water
Conservation program as long as it appears that they are making a
reasonable effort at conserving water.
(b) All customers who consumed in the two (2)
years prior to March 1991 on the average the equivalence of 15 -
100's cubic feet (42.5 cubic meters) or less of water per month
per single family residence or per commercial or industrial L I-' 1
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6 0
business or who used the equivalence of 13 - loo's cubic feet
(36.8 cubic meters) or less of water per month per residential
unit in a multiple residential development shall be exempt from
the surcharge /incentive /penalty water rate portions of the City
water Conservation program as long as it appears that they are
making a reasonable effort at conserving water.
se�tinna Relief from ordinance'Provisions
A customer may file an application with the City Director of
Public Works for relief from any provision of this ordinance,
including changes in the base year allocation.
The applicant for relief must submit an application in a
form acceptable to the City requesting such relief in whole or in
part from the water use curtailment /allowance provisions herein.
Relief and /or adjustment in the base year allocation may be
applied for on the basis of changed circumstances since the base
year period of June 1, 1989 to May 31, 1990, inclusive or the
nearest 12 month billing period thereto of the City water billing
system based on such reasons as change in the number of family
members, of number of occupants, or changes in business
practices, or business growth.
Upon receipt of the application the Director is within
fifteen (15) days to communicate with the applicant a decision
thereon. The Director shall take into consideration all relevant
factors presented by the customer.
The decision of the Director of Public Works shall be final
except for City Council review.
sentien 9. Surcharge for water Conservation Program
All customers who are not exempt from the
surcharge /incentive /penalty rate provisions of this ordinance
shall be subject to a surcharge rate on their bill to pay for the
program cost and to maintain the financial integrity of the City
Water System Fund. The Program Surcharge shall be an amount to
be established by the City Council by separate Resolution.
vpe }+ Conservation Incentive Credit for using Less
Than 80% of Base Year Allocation.
When a non - exempt customer has used a quantity of water less
JL42
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than the 803 base year allocation or for the respective billing
period there shall be applied by the City a credit amount to the
customer's bill for the billing period in the amount to be
established by the city Council by separate Resolution.
sea�cn 2�1_ Penalty for Exceeding 80* of Base year
Allocation.
(a) on the basis of eAch billing period's water
meter readings, should it be noted that a customer has used more
water than 80$ of the base year allocation level (exceeded level)
as allowed herein for the first time occurrence the customer is
to be given a written notice by the City and the customer shall
be billed on their regular bill for such excess usage at the
water rates of the City plus the additional penalty rate to be
established by the City Council by separate Resolution.
(b) Should it appear from visual inspection that
a customer is consuming an abnormally large quantity of water
through inefficient utilization of such water that customer is to
be given by the City a preliminary notice in writing, of such
situation. Such person shall have five (8) working days to
either correct such situation, or to terminate the use, or to
present to the City a plan of action to mitigate the situation to
the satisfaction of the Director of Public Works.
(c) Should after such written notice(s) and /or
addition of the penalty to the water bill the customer has not
responded and /or made a reasonable effort to reduce its water
usage and to conserve the available water supply, the City may
forthwith install a flow- restricting device in the customer
service restricting the flow of water to the customer's premises.
Before the City installs a flow - restricting device the customer
is to be given a notice in writing of such intended action.
Should the customer either not take responsible action or respond
to the City as to the customer's inability to comply with the
Ordinance within a reasonable time the City shall proceed to
install the flow - restricting device. The flow restricting
device will be removed by the City upon satisfactory evidence
presented to the City that the customer has mitigated the 4
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61711-1
situation. The customer will be charged for the actual cost of
installation and /or removal of the flow restricting device.
Actual cost shall include all City material, labor, equipment and
overhead charges.
(d) A customer allowing an adjacent customer to
connect to its private water system following installation of a
restrictive device shall after written' °notice by the City to
abate such practice and does not immediately cease such action
shall have a restrictive device installed by the City in their
service line at their expense for a period of a minimum of ten
(10) days or for as long a period of time as the connection
between the two customers' premises remains.
Ser_ien i Notices
All written first notices will be given by the City either
in writing to the customer's mailing address by regular First
Class U. s. Mail or hand delivered to the customer service
address as convenient or appropriate to the City.
Any second or subsequent written notices shall be given by
the City by Certified U.S. Mail to the customer's mailing address
and hand delivered to the service address.
§&CJ i e A j. . Nonapplication of Ordinance
This ordinance shall be inoperative to the extent any
regulations and restrictions adopted pursuant to Division I,
Chapter 3, of the Water Code conflict.
contion�a. Violation Penalty
Any customer appearing to have violated any of the
provisions or failed to comply with any of the mandatory
requirements of the Ordinance shall be first notified in writing
of that violation or non - compliance and will be given an
appropriate period of time to respond and /or to mitigate the
situation causing the appearance of a violation. Should after
that time period no effective response or action has been taken
by the customer the City may deem the customer guilty of either
an infraction and /or of a misdemeanor. Any customer that in the
opinion of the City has violated this City ordinance may be
issued at the discretion of the Director of Public Works or his
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6,7'.)
designee a citation of the city charging the customer with an
infraction of this ordinance. The first citation issued shall
include a fine of one hundred dollars ($100.00). For each
subsequent citation issued in a one (1) year period for
additional infractions the fine shall be increased respectively
by $50 over the prior citation up to a maximum of $250.00.
Should the customer, after a minimum -of three (3) citations, not
have complied with this Ordinance that customer may be charged at
the discretion of the Director of Public Works or his designee
with a misdemeanor. Any customer convicted of a misdemeanor
under this Ordinance of the City shall be punished by a fine of
not more than one thousand dollars ($1,000.00), or by
imprisonment not to exceed six (G) months, or by both such fine
and imprisonment. Each such customer charged with an infraction
or misdemeanor shall be guilty of a separate offense for each and
every day during any portion of which any violation of any
provision of the ordinances of the City is committed, continued,
or permitted by any such person, and he shall be punished
accordingly.
aa�rian �a_ This Ordinance shall expire at such time as
WBMWD should terminate its Water Conservation Ordinance.
ca flTl Ff _ Severability
If any section, subsection, sentence, clause, phase,
portion, or part of this Ordinance is for any reason hold to be
invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have adopted this Ordinance and each
section, subsection, sentence, clause, phrase, part, or portion
thereof, irrespective of the fact that any one or more sections,
subsections, clauses, phrases, parts, or portions be declared
invalid or unconstitutional.
AjgSj nn U The City Council of the City of E1 Segundo
hereby declares that a serious water shortage exists and that the
protection of the public health, safety, and welfare of the
citizens of the community requires that this ordinance be adopted
as an Urgency ordinance.
A . ) -
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&@anon aA. The City Clerk shall certify to the adoption of
this ordinance; shall cause the same to be entered in the book of
original ordinances of said City; shall make a minute of the
adoption thereof in the records of the meeting at which the same
is passed and adoptedf and shall cause it to be published in the
manner required by law.
PASSED, APPROVED AND ADOPTED this ;19th day of February,
1991.
L
�k ft-6.11
=]Ink
10 of 10
oL the, ty of E1 Segundo,
ifornia
1�C
67 )
STATE OF CA11FORNIA
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO
I, Ronald L Hart, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five;
that the foregoing ordinance, being Ordinance No. 1160 is a full, true correct original of
Ordinance No. 1160 of the said City of El Segundo, California, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF 17JE CITY OF EL SEGUNDO
DECLARING A WATER SHORTAGE EMERGENCY ADOPTING MANDATORY
WATER CONSERVATION REGULATIONS AND RESTRICTIONS AND
DECLARING THE URGENCY THEREOF.
which was duly passed and adopted by the said City Council, approved and signed by the
Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of
the said Council held on the 19th day of February, 1991, and the same was so passed and
adopted by the following vote;
AYES: Councilmembers Dannen, Clutter, West, Wise and
Mayor Jacobsen
NOES: None
ABSTENTIONS: None
I do hereby further certify that pursuant to the provisions of Section 36933 of the
Government Code of the State of California, that the foregoing Ordinance No. 1160 was
duly and regularly published according to law and the order of the City Council of said
City of El Segundo Herald, a weekly newspaper of general circulation, printed, published
and circulated within said City and that the same was so published therein on the
following day, to wit:
Ronald L. Hart
City Clerk of the
City of El Segundo, California
(SEAL)
G76
ORDINANCE No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF El SEGUNDO, CALIFORNIA, AMENDING CHAPTER
2.10 TO THE CITY OF EL SEGUNDO MUNICIPAL CODE REGARDING
POLICIES FOR WATER CONSERVATION
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO HEREBY FINDS,
DETERMINES AND DECLARES:
WHEREAS, The City of El Segundo recognizes Article X, Section 2 of the California
Constitution that declares that water resources be put to beneficial use, waste or unreasonable use
of unreasonable method of use of water be prevented, and conservation of water to be fully
exercised with a view to the reasonable and beneficial use thereof; and
WHEREAS, Article XI, Section 7 of the California Constitution declares that a city or
county may make and enforce within its limits all local, police, sanitary, and other ordinances
and regulations not in conflict with general laws; and
WHEREAS, California Water Code section 375 authorizes water suppliers to adopt and
enforce a comprehensive water conservation program to reduce water consumption and conserve
supplies; and
WHEREAS, The adoption and enforcement of a water conservation and supply shortage
program is necessary to manage the City's potable water supply in the short and long -term and to
avoid or minimize the effects of drought and shortage within the City. Such program is essential
to ensure a reliable and sustainable minimum supply of water for the public health, safety and
welfare; and
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO OF DOES ORDAIN AS
FOLLOWS:
SECTION 1. Title 10 Chapter 2 of Recreation and Parks Department of the City of
El Segundo is hereby amended to be added and read as:
Section 10.02.09: Water Conservation Requirements — Prohibition Against Waste
The following water conservation requirements are effective at all times. Violations of this section will
be considered waste and an unreasonable use of water.
a. Limits on Watering Hours: Watering or irrigating of lawn, landscape or other vegetated area
with potable water is prohibited between the hours of 9:00 a.m. and 5:00 p.m. on any day, except
by use of a hand -held bucket or similar container, a hand -held hose equipped with a positive self- y
closing water shut -off nozzle or device, or for very short periods of time for the express purpose jL 4 8
of adjusting or repairing an irrigation system.
6 '7
b. Limit on Watering Duration: Watering or irrigating of lawn, landscape or other vegetated area
with potable water using a landscape irrigation system or a watering device that is not
continuously attended is limited to no more than fifteen (15) minutes watering per day per station.
This subsection does not apply to landscape irrigation systems that exclusively use very low -flow
drip type irrigation systems when no emitter produces more than two (2) gallons of water per
hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard.
C. No Excessive Water Flow or Runoff: Watering or irrigating of any lawn, landscape or other
vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining
sidewalk, driveway, street, alley, gutter or ditch is prohibited.
d. No Washing Down Hard or Paved Surfaces: Washing down hard or paved surfaces, including
but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys,
is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use
of a hand -held bucket or similar container, a hand -held hose equipped with a positive self - closing
water shut -off device, a low- volume, high- pressure cleaning machine equipped to recycle any
water used, or a low - volume high- pressure water broom.
e. Obligation to Fix Leaks, Breaks or Malfunctions: Excessive use, loss or escape of water
through breaks, leaks or other malfunctions in the water user's plumbing or distribution system
for any period of time after such escape of water should have reasonably been discovered and
corrected and in no event more than seven (7) days of receiving notice from the City is
prohibited.
f. Re- circulating Water Required for Water Fountains and Decorative Water Features:
Operating a water fountain or other decorative water feature that does not use re- circulated water
is prohibited.
g. Limits on Washing Vehicles: Using water to wash or clean a vehicle, including but not limited
to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is
prohibited, except by use of a hand -held bucket or similar container or a hand -held hose equipped
with a positive self - closing water shut -off nozzle or device. This subsection does not apply to
any commercial car washing facility.
h. Drinking Water Served Upon Request Only: Eating or drinking establishments, including but
not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where food or drinks
are sold, served, or offered for sale, are prohibited from providing drinking water to any person
unless expressly requested.
Commercial Lodging Establishments Must Provide Guests Option to Decline Daily Linen
Services: Hotels, motels and other commercial lodging establishments must provide customers
the option of not having towels and linen laundered daily. Commercial lodging establishments
must prominently display notice of this option in each bathroom using clear and easily understood
language.
j. No Installation of Single Pass Cooling Systems: Installation of single pass cooling systems is
prohibited in buildings requesting new water service.
w? 8
k. No Installation of Non -re- circulating in Commercial Car Wash and Laundry Systems:
Installation of non -re- circulating water systems is prohibited in new commercial conveyor car
wash and new commercial laundry systems.
1. Restaurants Required to Use Water Conserving Dish Wash Spray Valves: Food preparation
establishments, such as restaurants or cafes, are prohibited from using non -water conserving dish
wash spray valves.
m. Commercial Car Wash Systems: Effective on January 1, 2010, all commercial conveyor car
wash systems must have installed operational re- circulating water systems, or must have secured
a waiver of this requirement from the City
Section 10.02.10: Level l Water Supply Shortage
a. A Level 1 Water Supply Shortage exists when the City determines, in its sole discretion, that due
to drought or other water supply conditions, a water supply shortage or threatened shortage exists
and a consumer demand reduction is necessary to make more efficient use of water and
appropriately respond to existing water conditions. Upon the declaration by the City of a Level 1
Water Supply Shortage condition, the City will implement the mandatory Level 1 conservation
measures identified in this section.
b. Additional Water Conservation Measures: In addition to the prohibited uses of water
identified in Section 10.01.09, the following water conservation requirements apply during a
declared Level 1 Water Supply Shortage:
1. Limits on Watering Days: Watering or irrigating of lawn, landscape or other vegetated
area with potable water is limited to three days per week on a schedule established and
posted by the City. During the months of November through March, watering or
irrigating of lawn, landscape or other vegetated area with potable water is limited to no
more than one day per week on a schedule established and posted by the City. This
provision does not apply to landscape irrigation zones that exclusively use very low flow
drip type irrigation systems when no emitter produces more than two (2) gallons of water
per hour. This provision also does not apply to watering or irrigating by use of a hand-
held bucket or similar container, a hand -held hose equipped with a positive self - closing
water shut -off nozzle or device, or for very short periods of time for the express purpose
of adjusting or repairing an irrigation system.
2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other
malfunctions in the water user's plumbing or distribution system must be repaired within
seventy -two (72) hours of notification by the City unless other arrangements are made
with the City
Section 10.02.11. Level 2 Water Supply Shortage
a. A Level 2 Water Supply Shortage exists when the City determines, in its sole discretion, that due
to drought or other water supply conditions, a water supply shortage or threatened shortage exists
and a consumer demand reduction is necessary to make more efficient use of water and
appropriately respond to existing water conditions. Upon the declaration by the City of a Level 2
Water Supply Shortage condition, the City will implement the mandatory Level 2 conservation
measures identified in this section.
i.i0 6179
b. Additional Conservation Measures: In addition to the prohibited uses of water identified in
Section 10.02.09 and 10.02.11, the following additional water conservation requirements apply
during a declared Level 2 Water Supply Shortage:
Watering Days: Watering or irrigating of lawn, landscape or other vegetated area with
potable water is limited to two days per week on a schedule established and posted by the
City During the months of November through March, watering or irrigating of lawn,
landscape or other vegetated area with potable, water is limited to no more than one day
per week on a schedule established and posted by the City. This provision does not apply
to landscape irrigation zones that exclusively use very low flow drip type irrigation
systems when no emitter produces more than two (2) gallons of water per hour. This
provision also does not apply to watering or irrigating by use of a hand -held bucket or
similar container, a hand -held hose equipped with a positive self - closing water shut -off
nozzle or device, or for very short periods of time for the express purpose of adjusting or
repairing an irrigation system.
2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other
malfunctions in the water user's plumbing or distribution system must be repaired within
forty-eight (48) hours of notification by the City unless other arrangements are made with
the City.
3. Limits on Filling Ornamental Lakes or Ponds: Filling or re- filling ornamental lakes or
ponds is prohibited, except to the extent needed to sustain aquatic life, provided that such
animals are of significant value and have been actively managed within the water feature
prior to declaration of a supply shortage level under this ordinance.
4. Limits on Washing Vehicles: Using water to wash or clean a vehicle, including but not
limited to, any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized
or not, is prohibited except by use of a hand -held bucket or similar container, a hand -held
hose equipped with a positive self - closing water shut -off nozzle or device, by high
pressure /low volume wash systems, or at a commercial car washing facility that utilizes a
re- circulating water system to capture or reuse water.
S. Limits on Filling Residential Swimming Pools & Spas: Re- filling of more than one
foot and initial filling of residential swimming pools or outdoor spas with potable water is
prohibited.
Section 10.02.12. Level 3 Water Supply Shortage — Emergency Condition
a. A Level 3 Water Supply Shortage condition is also referred to as an "Emergency" condition. A
Level 3 condition exists when the City declares a water shortage emergency and notifies its
residents and businesses that a significant reduction in consumer demand is necessary to maintain
sufficient water supplies for public health and safety. Upon the declaration of a Level 3 Water
Supply Shortage condition, the City will implement the mandatory Level 3 conservation
measures identified in this section.
b. Additional Conservation Measures: In addition to the prohibited uses of water identified in
Section 10.02.09, 10.02.10, and 10.02.11, the following water conservation requirements apply
during a declared Level 3 Water Supply Shortage Emergency:
3 C.
No Watering or Irrigating: Watering or irrigating of lawn, landscape or other vegetated
area with potable water is prohibited. This restriction does not apply to the following
categories of use, unless the City has determined that recycled water is available and may
be applied to the use:
Maintenance of vegetation, including trees and shrubs, that are watered using a
hand -held bucket or similar container, hand -held hose equipped with a positive
self — closing water shut -off nozzle or device;
ii. Maintenance of existing landscape necessary for fire protection;
iii. Maintenance of existing landscape for soil erosion control;
iv. Maintenance of plant materials identified to be rare or essential to the well -being
of protected species;
V. Maintenance of landscape within active public parks and playing fields, day care
centers, golf course greens, and school grounds, provided that such irrigation
does not exceed two (2) days per week according to the schedule established in
Section 10.02.11(b)(1) and time restrictions in Section 10.02.09(a) and (b)(1);
vi. Actively irrigated environmental mitigation projects.
2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other
malfunctions in the water user's plumbing or distribution system must be repaired within
twenty four (24) hours of notification by the City unless other arrangements are made
with the City.
Discontinue Service: The City, in its sole discretion, may discontinue service to
consumers who willfully violate provisions of this section.
Section 10.02.13. Procedures for Determination / Notification of Water Supply Shortage
Declaration and Notification of Water Supply Shortage: The existence of Level 1, Level 2 or
Level 3 Water Supply Shortage conditions may be declared by resolution of the City adopted at a
regular or special public meeting held in accordance with State law. The mandatory conservation
requirements applicable to Level 1, Level 2 or Level 3 conditions will take effect on the tenth day
after the date the shortage level is declared. Within five (5) days following the declaration of the
shortage level, the City must publish a copy of the resolution in a newspaper used for publication
of official notices. If the City activates a water allocation process, it must provide notice of the
activation by including it in the regular billing statement or by any other mailing to the address to
which the City customarily mails the billing statement for fees or charges for on -going water
service. A water allocation will be effective on the fifth day following the date of mailing or at
such later date as specified in the notice.
Section 10.02.14. Hardship Waiver
a. Undue and Disproportionate Hardship: If, due to unique circumstances, a specific
requirement of this chapter would result in undue hardship to a person using water or to property
upon which water is used, that is disproportionate to the impacts to water users generally or to
similar property or classes of water users, then the person may apply for a waiver to the
requirements as provided in this section.
b. Written Finding: The waiver may be granted or conditionally granted only upon a written
finding of the existence of facts demonstrating an undue hardship to a person using water or to
property upon which water is used, that is disproportionate to the impacts to water users generally
or to similar property or classes of water use due to specific and unique circumstances of the user
or the user's property.
Application: Application for a waiver must be on a form prescribed by the City and
accompanied by a non - refundable processing fee in an amount set by the Public Works
Director.
2. Supporting Documentation: The application must be accompanied by photographs,
maps, drawings, and other information, including a written statement of the applicant.
3. Required Findings for Waiver: An application for a waiver will be denied unless the
Public Works Director finds, based on the information provided in the application,
supporting documents, or such additional information as may be requested, and on water
use information for the property as shown by the records of the City or its Agent, all of
the following:
i. That the waiver does not constitute a grant of special privilege inconsistent with
the limitations upon other residents and businesses;
ii. That because of special circumstances applicable to the property or its use, the
strict application of this chapter would have a disproportionate impact on the
property or use that exceeds the impacts to residents and businesses generally;
iii. That the authorizing of such waiver will not be of substantial detriment to
adjacent properties, and will not materially affect the ability of the City to
effectuate the purpose of this chapter and will not be detrimental to the public
interest; and
iv. That the condition or situation of the subject property or the intended use of the
property for which the waiver is sought is not common, recurrent or general in
nature.
4. Approval Authority: The Public Works Director must act upon any completed
application no later than ten (l 0) days after submittal and may approve, conditionally
approve, or deny the waiver. The applicant requesting the waiver must be promptly
notified in writing of any action taken. Unless specified otherwise at the time a waiver is
approved, the waiver will apply to; the subject property during the period of the
mandatory water supply shortage condition. The decision of the Public Works Director
will be final.
Section 10.12.15. Penalties and Violations
a. Misdemeanor: Any violation of this chapter may be prosecuted as a misdemeanor punishable by
imprisonment in the county jail for not more than thirty (30) days, or by a fine not exceeding one
thousand dollars ($1,000), or by both.
X33 G8�
b. Penalties: Penalties for failure to comply with any provisions of the ordinance are as follows:
First Violation: The City will issue a written warning and deliver a copy of this
ordinance by mail.
2. Second Violation: A second violation within the preceding twelve (12) calendar months
is punishable by a fine not to exceed one hundred dollars ($100).
Third Violation: A third violation within the preceding twelve (12) calendar months is
punishable by a fine not to exceed two hundred and fifty ($250).
4. Fourth and Subsequent Violations: A fourth and any subsequent violation is
punishable by a fine not to exceed five hundred ($500).
i. Water Flow Restrictor: In addition to any fines, the City may install a water
flow restrictor device of approximately one gallon per minute capacity for
services up to one and one -half inch size and comparatively sized restrictors for
larger services after written notice of intent to install a flow restrictor for a
minimum of forty eight (48) hours.
5. Discontinuing Service: In addition to any fines and the installation of a water flow
restrictor, the City may disconnect a customer's water service for willful violations of
mandatory restrictions in this chapter.
C. Cost of Flow Restrictor and Disconnecting Service: A person or entity that violates this
ordinance is responsible for payment of the City's charges for installing and/or removing any
flow restricting device and for disconnecting and/or reconnecting service per the City's schedule
of charges then in effect. The charge for installing and/or removing any flow restricting device
must be paid to the City before the device is removed. Nonpayment will be subject to the same
remedies as nonpayment of basic water rates.
d. Separate Offenses: Each day that a violation of this ordinance occurs is a separate offense.
e. Notice and Hearing:
The City will issue a Notice of Violation by mail or personal delivery at least ten (10)
days before taking enforcement action. Such notice must describe the violation and the
date by which corrective action must be taken. A customer may appeal the Notice of
Violation by filing a written notice of appeal with the City no later than the close of
business on the day before the date scheduled for enforcement action. Any Notice of
Violation not timely appealed will be final. Upon receipt of a timely appeal, a hearing on
the appeal will be scheduled, and the City will mail written notice of the hearing date to
the customer at least ten (10) days before the date of the hearing.
2. Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the City
may take appropriate steps to prevent the unauthorized use of water as appropriate to the
nature and extent of the violations and the current declared water Level condition.
Section 10.02.16. Severability
. 3 ft
r) 83
If any section, subsection, sentence, clause or phrase in this chapter is for any reason held invalid, the
validity of the remainder of the chapter will not be affected. The City Council of the City of El Segundo
hereby declares it would have passed this chapter and each section, subsection, sentence, clause or phrase
thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or is
declared invalid.
SECTION 2. Adoption and implementation of this ordinance is exempt from the provisions of
the California Environmental Quality Act pursuant to Section; 15307 of the State CEQA Guidelines, as a
Class 7 Categorical Exemption.
SECTION 3. Any provision of the City of El Segundo Municipal Code or appendices thereto
inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, are
hereby repealed or modified t the extent necessary to affect the provision of this ordinance.
SECTION 4. Should any provision of this Ordinance be determined to be invalid or
unconstitutional all other provisions of this Ordinance shall remain in full force and effect as approved.
SECTION 5. The Mayor shall sign this Ordinance. The City Clerk shall certify to the passage
and adoption of this Ordinance; shall cause the same to be entered in the book of original Ordinances of
the City; shall make a minute of the passage and adoption thereof in the records of the meeting of the City
Council at which the same is passed and adopted; and shall cause to be posted the same in three public
places in the City of El Segundo in the time and manner provided by law. This Ordinance shall become
effective 30 days after its adoption.
PASSED AND APPROVED This 21" Day of April 2009.
Kelly McDowell, Mayor
Of the City of El Segundo,
California
ATTEST:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
Mark Hensley, City Attorney
F� 8 f
EL SEGUNDO CITY COUNCIL MEETING DATE: April 21, 2009
AGENDA STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Consideration and possible action to introduce an Ordinance amending Title 10; Chapter 2 of the
El Segundo Municipal Code, Water Conservation in Landscaping, to incorporate Metropolitan
Water District's Conservation Requirements, Water Use Regulations and Restrictions. (Fiscal
Impact: None)
RECOMMENDED COUNCIL ACTION:
(1) First reading of an Ordinance amending Title 10; Chapter 2 of the El Segundo Municipal
Code, Water Conservation to incorporate Metropolitan Water District's Conservation Program,
Water Use Regulations and Restrictions;
(2) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Draft Water Conservation Ordinance Amendment
Current Title 10 Chapter 2 of the El Segundo Municipal Code
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $N /A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Lauren Mahakian, Sr. Administrative Analys4k-
REVIEWED BY: Dana Greenwood, Public orks Director
APPROVED BY: Jack Wayt, City Manage
BACKGROUND AND DISCUSSION:
In March 1993, City Council adopted a water conservation ordinance that established policies for
the design, installation, and management of water conserving landscapes. The policies are
applicable to new industrial, commercial, office developments; to public and private parks and
other recreational areas; to multi - family (three or more) units; and to City road medians and
corridors. The policies do not apply to single- family residences (Title 10; Chapter 2 of City Code).
Last June 2008, the Metropolitan Water District (MWD) released a draft model Water
Conservation Ordinance, and finalized this draft in December. The proposed ordinance
incorporates the water provisions of MWD's model ordinance as it is MWD's goal to have most
of the purveyor cities utilizing water conservation requirements. The proposed amendment also
maintains the existing water conservation ordinance, but amends the current Chapter 2 of Title 10,
and adds Sections 9 through 16, which would incorporate MWD's conservation requirements.
MWD stated that if local water providers do not incorporate the elements that are at least as strict
as its model into their municipal ordinances, those cities will not be eligible to receive grant
funding. Last year, the City received grant funds from Metropolitan Water District for the 10
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Environmental Expo in the amount of $3,000, and most recently received $53,087 for the "It's
Time to Get Serious " El Segundo Water Conservation Banner Program.
HIGHLIGHTS OF THE PROPOSED ORDINANCE
Water Conservation Requirements - Prohibition against Waste
The following water conservation requirements are effective at all times; violations of this section
will be considered waste and an unreasonable use of water:
1. Watering or irrigating of lawn, landscape or other vegetated area is prohibited between the
hours of 9:00 a.m. and 5:00 p.m.
2. Operating a water fountain or other decorative water feature that does not use re- circulated
water is prohibited.
There are several anti -waste measures prohibiting watering non - porous surfaces and
targeting the reduction in water runoff. For example, Limits on Washing Vehicles: Using
water to wash or clean a vehicle, except by use of a hand -held bucket or similar container,
or a hand -held hose equipped with a positive self - closing water shut -off nozzle or device.
4. Restaurants will only be able to serve water upon request.
5. Motels must offer the option to not have linens laundered daily.
6. All car wash facilities must capture and recycle wastewater by 2012.
The Amendment gives three drought conditions in which water reduction measures would come
into affect:
Level 1 Water Supply Shortage:
Limits on watering days and obligations to fix leaks, breaks or malfunctions.
Level 2 Water Supply Shortage:
Watering or irrigating of lawn, landscape or other vegetated area is limited to two days per week;
obligation to fix leaks, breaks or malfunctions; limits on filling ornamental lakes or ponds; limits
on washing vehicles; and limits on filling residential swimming pools and spas.
Level 3 Water Supply Shortage - Emergency Condition: Level 3:
Water Supply Shortage condition is also referred to as an "Emergency" condition. A Level 3
condition exists when the City declares a water shortage emergency and notifies its residents and
businesses that a significant reduction in consumer demand is necessary to maintain sufficient
water supplies for public health and safety.
The following water conservation requirements apply during a declared Level 3 Water Supply
Shortage Emergency:
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1. No Watering or Irrigating: Watering or irrigating of lawn, landscape or other vegetated
area with potable water is prohibited.
2. Obligation to fix leaks, breaks and malfunctions
3. Discontinue Service: The City, in its sole discretion, may discontinue service to consumers
who willfully violate provisions of this section.
Public Notification
With the adoption of this ordinance there will be several new requirements that residents and
business owners need to be aware of. Staff will use various methods to get the information out to
the public such as water bill stuffers, articles in the El Segundo Herald, the City's website and
Community Cable Channel.
In conclusion, this amendment to our existing Ordinance promotes the efficient use of potable
water, by establishing permanent water use standards and prohibitions regarding the wasteful use
of water, to improve the City's water supply reliability.
A
ORDINANCE No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF El SEGUNDO, CALIFORNIA, AMENDING CHAPTER
2.10 TO THE CITY OF EL SEGUNDO MUNICIPAL CODE REGARDING
POLICIES FOR WATER CONSERVATION
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO HEREBY FINDS,
DETERMINES AND DECLARES:
WHEREAS, The City of El Segundo recognizes Article X, Section 2 of the California
Constitution that declares that water resources be put to beneficial use, waste or unreasonable use
of unreasonable method of use of water be prevented, and conservation of water to be fully
exercised with a view to the reasonable and beneficial use thereof; and
WHEREAS, Article XI, Section 7 of the California Constitution declares that a city or
county may make and enforce within its limits all local, police, sanitary, and other ordinances
and regulations not in conflict with general laws; and
WHEREAS, California Water Code section 375 authorizes water suppliers to adopt and
enforce a comprehensive water conservation program to reduce water consumption and conserve
supplies; and
WHEREAS, The adoption and enforcement of a water conservation and supply shortage
program is necessary to manage the City's potable water supply in the short and long -term and to
avoid or minimize the effects of drought and shortage within the City. Such program is essential
to ensure a reliable and sustainable minimum supply of water for the public health, safety and
welfare; and
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO OF DOES ORDAIN AS
FOLLOWS:
SECTION 1. Title 10 Chapter 2 of Recreation and Parks Department of the City of
El Segundo is hereby amended to be added and read as:
Section 10.02.09: Water Conservation Requirements — Prohibition Against Waste
The following water conservation requirements are effective at all times. Violations of this section will
be considered waste and an unreasonable use of water.
a. Limits on Watering Hours: Watering or irrigating of lawn, landscape or other vegetated area
with potable water is prohibited between the hours of 9:00 a.m. and 5:00 p.m. on any day, except
by use of a hand -held bucket or similar container, a hand -held hose equipped with a positive self -
closing water shut -off nozzle or device, or for very short periods of time for the express purpose
of adjusting or repairing an irrigation system.
i06
b. Limit on Watering Duration: Watering or irrigating of lawn, landscape or other vegetated area
with potable water using a landscape irrigation system or a watering device that is not
continuously attended is limited to no more than fifteen (15) minutes watering per day per station.
This subsection does not apply to landscape irrigation systems that exclusively use very low -flow
drip type irrigation systems when no emitter produces more than two (2) gallons of water per
hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard.
C. No Excessive Water Flow or Runoff: Watering or irrigating of any lawn, landscape or other
vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining
sidewalk, driveway, street, alley, gutter or ditch is prohibited.
d. No Washing Down Hard or Paved Surfaces: Washing down hard or paved surfaces, including
but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys,
is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use
of a hand -held bucket or similar container, a hand -held hose equipped with a positive self - closing
water shut -off device, a low- volume, high- pressure cleaning machine equipped to recycle any
water used, or a low - volume high - pressure water broom.
e. Obligation to Fix Leaks, Breaks or Malfunctions: Excessive use, loss or escape of water
through breaks, leaks or other malfunctions in the water user's plumbing or distribution system
for any period of time after such escape of water should have reasonably been discovered and
corrected and in no event more than seven (7) days of receiving notice from the City is
prohibited.
f. Re- circulating Water Required for Water Fountains and Decorative Water Features:
Operating a water fountain or other decorative water feature that does not use re- circulated water
is prohibited.
g. Limits on Washing Vehicles: Using water to wash or clean a vehicle, including but not limited
to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is
prohibited, except by use of a hand -held bucket or similar container or a hand -held hose equipped
with a positive self - closing water shut -off nozzle or device. This subsection does not apply to
any commercial car washing facility.
h. Drinking Water Served Upon Request Only: Eating or drinking establishments, including but
not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where food or drinks
are sold, served, or offered for sale, are prohibited from providing drinking water to any person
unless expressly requested.
i. Commercial Lodging Establishments Must Provide Guests Option to Decline Daily Linen
Services: Hotels, motels and other commercial lodging establishments must provide customers
the option of not having towels and linen laundered daily. Commercial lodging establishments
must prominently display notice of this option in each bathroom using clear and easily understood
language.
j. No Installation of Single Pass Cooling Systems: Installation of single pass cooling systems is
prohibited in buildings requesting new water service.
• r,
k. No Installation of Non -re- circulating in Commercial Car Wash and Laundry Systems:
Installation of non -re- circulating water systems is prohibited in new commercial conveyor car
wash and new commercial laundry systems.
Restaurants Required to Use Water Conserving Dish Wash Spray Valves: Food preparation
establishments, such as restaurants or cafes, are prohibited from using non -water conserving dish
wash spray valves.
m. Commercial Car Wash Systems: Effective on January 1, 2010, all commercial conveyor car
wash systems must have installed operational re- circulating water systems, or must have secured
a waiver of this requirement from the City
Section 10.02.10: Level 1 Water Supply Shortage
a. A Level I Water Supply Shortage exists when the City determines, in its sole discretion, that due
to drought or other water supply conditions, a water supply shortage or threatened shortage exists
and a consumer demand reduction is necessary to make more efficient use of water and
appropriately respond to existing water conditions. Upon the declaration by the City of a Level 1
Water Supply Shortage condition, the City will implement the mandatory Level I conservation
measures identified in this section.
b. Additional Water Conservation Measures: In addition to the prohibited uses of water
identified in Section 10.01.09, the following water conservation requirements apply during a
declared Level 1 Water Supply Shortage:
1. Limits on Watering Days: Watering or irrigating of lawn, landscape or other vegetated
area with potable water is limited to three days per week on a schedule established and
posted by the City. During the months of November through March, watering or
irrigating of lawn, landscape or other vegetated area with potable water is limited to no
more than one day per week on a schedule established and posted by the City. This
provision does not apply to landscape irrigation zones that exclusively use very low flow
drip type irrigation systems when no emitter produces more than two (2) gallons of water
per hour. This provision also does not apply to watering or irrigating by use of a hand-
held bucket or similar container, a hand -held hose equipped with a positive self - closing
water shut -off nozzle or device, or for very short periods of time for the express purpose
of adjusting or repairing an irrigation system.
2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other
malfunctions in the water user's plumbing or distribution system must be repaired within
seventy -two (72) hours of notification by the City unless other arrangements are made
with the City
Section 10.02.11. Level 2 Water Supply Shortage
a. A Level 2 Water Supply Shortage exists when the City determines, in its sole discretion, that due
to drought or other water supply conditions, a water supply shortage or threatened shortage exists
and a consumer demand reduction is necessary to make more efficient use of water and
appropriately respond to existing water conditions. Upon the declaration by the City of a Level 2
Water Supply Shortage condition, the City will implement the mandatory Level 2 conservation
measures identified in this section.
X108
iz1
b. Additional Conservation Measures: In addition to the prohibited uses of water identified in
Section 10.02.09 and 10.02.11, the following additional water conservation requirements apply
during a declared Level 2 Water Supply Shortage:
1. Watering Days: Watering or irrigating of lawn, landscape or other vegetated area with
potable water is limited to two days per week on a schedule established and posted by the
City During the months of November through March, watering or irrigating of lawn,
landscape or other vegetated area with potable water is limited to no more than one day
per week on a schedule established and posted by the City. This provision does not apply
to landscape irrigation zones that exclusively use very low flow drip type irrigation
systems when no emitter produces more than two (2) gallons of water per hour. This
provision also does not apply to watering or irrigating by use of a hand -held bucket or
similar container, a hand -held hose equipped with a positive self - closing water shut -off
nozzle or device, or for very short periods of time for the express purpose of adjusting or
repairing an irrigation system.
2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other
malfunctions in the water user's plumbing or distribution system must be repaired within
forty -eight (48) hours of notification by the City unless other arrangements are made with
the City.
Limits on Filling Ornamental Lakes or Ponds: Filling or re- filling ornamental lakes or
ponds is prohibited, except to the extent needed to sustain aquatic life, provided that such
animals are of significant value and have been actively managed within the water feature
prior to declaration of a supply shortage level under this ordinance.
4. Limits on Washing Vehicles: Using water to wash or clean a vehicle, including but not
limited to, any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized
or not, is prohibited except by use of a hand -held bucket or similar container, a hand -held
hose equipped with a positive self - closing water shut -off nozzle or device, by high
pressure/low volume wash systems, or at a commercial car washing facility that utilizes a
re- circulating water system to capture or reuse water.
5. Limits on Filling Residential Swimming Pools & Spas: Re- filling of more than one
foot and initial filling of residential swimming pools or outdoor spas with potable water is
prohibited.
Section 10.02.12. Level 3 Water Supply Shortage — Emergency Condition
a. A Level 3 Water Supply Shortage condition is also referred to as an "Emergency" condition. A
Level 3 condition exists when the City declares a water shortage emergency and notifies its
residents and businesses that a significant reduction in consumer demand is necessary to maintain
sufficient water supplies for public health and safety. Upon the declaration of a Level 3 Water
Supply Shortage condition, the City will implement the mandatory Level 3 conservation
measures identified in this section.
b. Additional Conservation Measures: In addition to the prohibited uses of water identified in
Section 10.02.09, 10.02.10, and 10.02.11, the following water conservation requirements apply
during a declared Level 3 Water Supply Shortage Emergency:
1 �} 1i
4.
1. No Watering or Irrigating: Watering or irrigating of lawn, landscape or other vegetated
area with potable water is prohibited. This restriction does not apply to the following
categories of use, unless the City has determined that recycled water is available and may
be applied to the use:
Maintenance of vegetation, including trees and shrubs, that are watered using a
hand -held bucket or similar container, hand -held hose equipped with a positive
self -- closing water shut -off nozzle or device;
ii. Maintenance of existing landscape necessary for fire protection;
iii. Maintenance of existing landscape for soil erosion control;
iv. Maintenance of plant materials identified to be rare or essential to the well -being
of protected species;
V. Maintenance of landscape within active public parks and playing fields, day care
centers, golf course greens, and school grounds, provided that such irrigation
does not exceed two (2) days per week according to the schedule established in
Section 10.02.11 (b)(1) and time restrictions in Section 10.02.09(a) and (b)(1);
vi. Actively irrigated environmental mitigation projects.
2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other
malfunctions in the water user's plumbing or distribution system must be repaired within
twenty four (24) hours of notification by the City unless other arrangements are made
with the City.
3. Discontinue Service: The City, in its sole discretion, may discontinue service to
consumers who willfully violate provisions of this section.
Section 10.02.13. Procedures for Determination / Notification of Water Supply Shortage
a. Declaration and Notification of Water Supply Shortage: The existence of Level 1, Level 2 or
Level 3 Water Supply Shortage conditions may be declared by resolution of the City adopted at a
regular or special public meeting held in accordance with State law. The mandatory conservation
requirements applicable to Level 1, Level 2 or Level 3 conditions will take effect on the tenth day
after the date the shortage level is declared. Within five (5) days following the declaration of the
shortage level, the City must publish a copy of the resolution in a newspaper used for publication
of official notices. If the City activates a water allocation process, it must provide notice of the
activation by including it in the regular billing statement or by any other mailing to the address to
which the City customarily mails the billing statement for fees or charges for on -going water
service. A water allocation will be effective on the fifth day following the date of mailing or at
such later date as specified in the notice.
Section 10.02.14. Hardship Waiver
a. Undue and Disproportionate Hardship: If, due to unique circumstances, a specific
requirement of this chapter would result in undue hardship to a person using water or to property
upon which water is used, that is disproportionate to the impacts to water users generally or to
.L J
similar property or classes of water users, then the person may apply for a waiver to the
requirements as provided in this section.
b. Written Finding: The waiver may be granted or conditionally granted only upon a written
finding of the existence of facts demonstrating an undue hardship to a person using water or to
property upon which water is used, that is disproportionate to the impacts to water users generally
or to similar property or classes of water use due to specific and unique circumstances of the user
or the user's property.
Application: Application for a waiver must be on a form prescribed by the City and
accompanied by a non - refundable processing fee in an amount set by the Public Works
Director.
2. Supporting Documentation: The application must be accompanied by photographs,
maps, drawings, and other information, including a written statement of the applicant.
3. Required Findings for Waiver: An application for a waiver will be denied unless the
Public Works Director finds, based on the information provided in the application,
supporting documents, or such additional information as may be requested, and on water
use information for the property as shown by the records of the City or its Agent, all of
the following:
That the waiver does not constitute a grant of special privilege inconsistent with
the limitations upon other residents and businesses;
That because of special circumstances applicable to the property or its use, the
strict application of this chapter would have a disproportionate impact on the
property or use that exceeds the impacts to residents and businesses generally;
iii. That the authorizing of such waiver will not be of substantial detriment to
adjacent properties, and will not materially affect the ability of the City to
effectuate the purpose of this chapter and will not be detrimental to the public
interest; and
iv. That the condition or situation of the subject property or the intended use of the
property for which the waiver is sought is not common, recurrent or general in
nature.
4. Approval Authority: The Public Works Director must act upon any completed
application no later than ten (10) days after submittal and may approve, conditionally
approve, or deny the waiver. The applicant requesting the waiver must be promptly
notified in writing of any action taken. Unless specified otherwise at the time a waiver is
approved, the waiver will apply to; the subject property during the period of the
mandatory water supply shortage condition. The decision of the Public Works Director
will be final.
Section 10.12.15. Penalties and Violations
a. Misdemeanor: Any violation of this chapter may be prosecuted as a misdemeanor punishable by
imprisonment in the county jail for not more than thirty (30) days, or by a fine not exceeding one
thousand dollars ($1,000), or by both.
b. Penalties: Penalties for failure to comply with any provisions of the ordinance are as follows:
1. First Violation: The City will issue a written warning and deliver a copy of this
ordinance by mail.
2. Second Violation: A second violation within the preceding twelve (12) calendar months
is punishable by a fine not to exceed one hundred dollars ($100).
3. Third Violation: A third violation within the preceding twelve (12) calendar months is
punishable by a fine not to exceed two hundred and fifty ($250).
4. Fourth and Subsequent Violations: A fourth and any subsequent violation is
punishable by a fine not to exceed five hundred ($500).
Water Flow Restrictor: In addition to any fines, the City may install a water
flow restrictor device of approximately one gallon per minute capacity for
services up to one and one -half inch size and comparatively sized restrictors for
larger services after written notice of intent to install a flow restrictor for a
minimum of forty eight (48) hours.
Discontinuing Service: In addition to any fines and the installation of a water flow
restrictor, the City may disconnect a customer's water service for willful violations of
mandatory restrictions in this chapter.
C. Cost of Flow Restrictor and Disconnecting Service: A person or entity that violates this
ordinance is responsible for payment of the City's charges for installing and/or removing any
flow restricting device and for disconnecting and/or reconnecting service per the City's schedule
of charges then in effect. The charge for installing and/or removing any flow restricting device
must be paid to the City before the device is removed. Nonpayment will be subject to the same
remedies as nonpayment of basic water rates.
d. Separate Offenses: Each day that a violation of this ordinance occurs is a separate offense.
e. Notice and Hearing:
1. The City will issue a Notice of Violation by mail or personal delivery at least ten (10)
days before taking enforcement action. Such notice must describe the violation and the
date by which corrective action must be taken. A customer may appeal the Notice of
Violation by filing a written notice of appeal with the City no later than the close of
business on the day before the date scheduled for enforcement action. Any Notice of
Violation not timely appealed will be final. Upon receipt of a timely appeal, a hearing on
the appeal will be scheduled, and the City will mail written notice of the hearing date to
the customer at least ten (10) days before the date of the hearing.
2. Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the City
may take appropriate steps to prevent the unauthorized use of water as appropriate to the
nature and extent of the violations and the current declared water Level condition.
Section 10.02.16. Severability
If any section, subsection, sentence, clause or phrase in this chapter is for any reason held invalid, the
validity of the remainder of the chapter will not be affected. The City Council of the City of El Segundo
hereby declares it would have passed this chapter and each section, subsection, sentence, clause or phrase
thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or is
declared invalid.
SECTION 2. Adoption and implementation of this ordinance is exempt from the provisions of
the California Environmental Quality Act pursuant to Section 15307 of the State CEQA Guidelines, as a
Class 7 Categorical Exemption.
SECTION 3. Any provision of the City of El Segundo Municipal Code or appendices thereto
inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, are
hereby repealed or modified t the extent necessary to affect the provision of this ordinance.
SECTION 4. Should any provision of this Ordinance be determined to be invalid or
unconstitutional all other provisions of this Ordinance shall remain in full force and effect as approved.
SECTION 5. The Mayor shall sign this Ordinance. The City Clerk shall certify to the passage
and adoption of this Ordinance; shall cause the same to be entered in the book of original Ordinances of
the City; shall make a minute of the passage and adoption thereof in the records of the meeting of the City
Council at which the same is passed and adopted; and shall cause to be posted the same in three public
places in the City of El Segundo in the time and manner provided by law. This Ordinance shall become
effective 30 days after its adoption.
PASSED AND APPROVED This 5th Day of May 2009.
Kelly McDowell, Mayor
Of the City of El Segundo,
California
ATTEST:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
Mark Hensley, City Attorney
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Chapter 2
WATER CONSERVATION IN LANDSCAPING
10 -2 -1: PURPOSE:
The purpose of this Chapter is to establish policies for the design, installation, and
management of water conserving landscapes in order to utilize available plant, water, and land
resources to avoid excessive landscape water demands while ensuring high quality landscape
design. (Ord. 1194, 3 -16 -1993)
10 -2 -2: APPLICATION OF POLICIES:
A. Applicability: These policies shall be applicable to new industrial, commercial, office and
institutional developments; to public and private parks and other public recreational areas;
to multi - family (3 or more units) residential and planned unit development common areas;
to model home complexes; and to City road medians and corridors.
B. Nonapplicability: These policies shall not be applicable to:
1. Cemeteries.
2. Registered historical sites.
3. Ecological restoration projects that do not require a permanent irrigation system.
4. Mined -land reclamation projects that do not require a permanent irrigation system.
5. Any project with a landscaped area less than one thousand (1,000) square feet, unless
the Director of Recreation and Parks determines that substantial compliance with the
purpose of this Chapter as stated in Section 100-2. -1 of this Chapter requires that a
landscape plan be submitted.
6. Any project or planting area that utilizes one hundred percent (100 %) reclaimed water.
C. Exemptions: The Director of Recreation and Parks may authorize exemptions to any of the
design and improvement standards in this Chapter. Such exemptions may be granted if the
Director finds that the proposed design or improvement is in substantial compliance with
the purpose and intent of this Chapter. (Ord. 1194, 3 -16 -1993)
10 -2 -3: DEFINITIONS:
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Unless the context specifically indicates otherwise, the meanings of terms used in this Chapter
shall be as defined in this Section:
DESIGNER: A person qualified to practice landscape architecture and /or irrigation design
DIRECTOR: The Director of Recreation and Parks of the City of El Segundo.
IRRIGATION SYSTEM: A complete connection of system components, including the water
distribution network and the necessary irrigation equipment and downstream from the backflow
prevention device.
PLANTING AREA: The parcel area less building pad, driveway, patio, deck, walkway and
parking area. "Planting area" includes water bodies (i.e., fountains, ponds, lakes) and natural
areas.
PLANTING PLAN: A planting plan shall identify location, spacing, numbers, container planting
sizes of all plant materials including common and botanical names.
REHABILITATED LANDSCAPE: Any planting area in which fifty percent (50 %) of existing
landscape materials are replaced or modified within any twelve (12) month period. Examples
include a change of plants or ground cover, and grading modifications. (Ord. 1194, 3 -16 -1993)
10 -2 -4: LANDSCAPE PLAN:
A. Required: Landscape plans shall be prepared in accordance with the policies set forth
herein and with any guidelines developed to help implement the provisions of this Chapter.
Such plans shall be submitted and approved prior to the issuance of building permits to
comply with the policies of this Chapter.
B. Application For Approval: Prior to the issuance of a building permit, a landscape plan
application shall be submitted and reviewed in accordance with this Chapter. Applications
for landscape plan approval shall be filed by the owner of the affected property or his agent,
or by a public entity to which the provisions of the Chapter apply, on forms furnished by the
Director of Recreation and Parks.
C. Approval: No landscape plan application shall be approved unless the Director finds that the
plan compliments the design of the project, is consistent with the provisions of this Chapter
and applicable landscape guidelines; compatible with adjacent existing or future public
landscaped areas, and with the elevations and appearances with existing structures
located upon lots within the immediate vicinity of the lot which is the subject of such
application.
D. Content Of Plan: Each landscape plan shall consist of the following elements including, but
not limited to, the following:
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1. Planting Plan: The planting plan shall identify location, spacing, numbers, container sizes
of all plant materials including common and botanical names, drawn on project base
sheets in a clear and legible fashion in accordance with the policies established to
implement the provisions of this Chapter.
2. Irrigation Plan: The irrigation plan shall identify all components of the irrigation system
drawn on project base sheets in a clear and legible fashion in accordance with the
policies established to implement the provisions of this Chapter. (Ord. 1194, 3 -16 -1993)
10 -2 -5: WATER FEATURES:
Decorative water features such as pools, ponds, and waterfalls used in landscaped areas shall
incorporate recycling of water, and shall use reclaimed water where it is feasible, cost
effective, and meets health standards. (Ord. 1194, 3 -16 -1993)
10 -2 -6: LANDSCAPE MAINTENANCE:
The property owner shall permanently and continuously maintain landscaping and irrigation in
a neat, clean and healthy condition, including removal of litter, proper pruning, mowing of
lawns, weeds, fertilizing, and watering; and replacement of diseased and /or dead plants and
malfunctioning or missing irrigation system components. (Ord. 1194, 3 -16 -1993)
10 -2 -7: MODEL HOME LANDSCAPING:
For each subdivision with model homes, the developer shall submit a landscape plan and
install landscaping for each model home, incorporating the policies of this Chapter and
including:
A. Signs identifying elements of the water conserving landscape and irrigation system design
placed around the model.
B. Literature describing water conserving landscapes to be available to individuals touring the
model. (Ord. 1194, 3 -16 -1993)
10 -2 -8: LANDSCAPE CERTIFICATE:
Upon completion of the installation of the landscaping, the designer or owner shall certify that
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the landscape complies with all policies of this Chapter. Certification shall be accomplished by
completion of a landscape certificate on a form approved by the Director. Failure to submit a
complete and accurate landscape certificate will delay final approval of the project and /or
discontinue water service. (Ord. 1194, 3 -16 -1993)
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EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the acceptance of $158,486 in grant funding from
the U.S. Department of Homeland Security, through the Office of Grants and Training, under
Fiscal Year 2008 Urban Areas Security Initiative (UASI) to pursue training and breathing
equipment. (Fiscal Impact: $158,486)
RECOMMENDED COUNCIL ACTION:
1. Authorize the acceptance of $158,486 in grant funds from the UASI 2008 grant program;
2. Authorize the City Manager to sign an Agreement with the City of Los Angeles who will
serve as grant administrator;
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: Budget Adjustment Required
Amount Budgeted: $158,486
Additional Appropriation: Yes
Account Number(s): 001 - 400 - 3202 -8104 Expenditure, Equipment $95,693
001 - 400 - 3202 -6223 Expenditure, Training $16,000
001- 400 - 3202 -4103 Expenditure, Overtime $46,793
001- 300 - 0000 -3735 Revenue
ORIGINATED BY: Lisa LeCates, Sr. Management Analyst
REVIEWED BY: Kevin S. Smith, Fire Chief
APPROVED BY: Jack Wayt, City Manag
BACKGROUND AND DISCUSSION:
In 2007 and 2008, the City accepted grant funding through the UASI 2006 program for breathing
equipment and Urban Search and Rescue (USAR) training. This grant outfitted all Fire
suppression personnel with state -of -the -art breathing apparatus, ensuring interoperability with
neighboring fire departments. The grant also provided USAR training, as well as overtime cost
reimbursement and leave replacement reimbursement while approved members were being
trained.
The UASI 2008 grant award primarily fiends two objectives: 1) Enable the Department to outfit
remaining uniformed personnel with the same state -of -the -art breathing equipment purchase
under the 2006 grant program, and 2) Maintain qualified staff on the USAR teams for each shift.
Additionally, the UASI 2008 grant award will provide Terrorism Liaison Officer training as part
of a regional program to train all Los Angeles area fire departments to the same standard.
1 15.
As in past UASI grants, the City of Los Angeles remains the grant administrator with oversight
by the California Emergency Management Agency (CalEMA).
In accordance with the City Council Policy regarding grant submissions:
1. The grant award is made by the U.S. Department of Homeland Security, through the
Office of Grants and Training. The grant is administered by the City of Los Angeles and
is overseen by the CalEMA.
2. The total amount being requested is: $158,486
3. Matching Funds Cost -Share — n/a
4. Source of Matching Funds Cost Share: n/a
5. The grant does not provide up front funding. Municipalities submit reimbursement
requests to the grant administrator after expenditures are made and processed for
payment. Approved requests are reimbursed by the City of Los Angeles in
approximately 60 days.
6. Conditions required under this rgrant:
a. Establish that an Equal Employment Opportunity Plan (EEOP) be in place prior to
spending grant funding beyond $25,000 in any single year.
b. All equipment (assets) purchased under the grant funding, if awarded, are
required to be maintained for regional deployment as may be needed under
federal grant rules. Replacement under the City's capital equipment replacement
standards is not required, but is o tp ional under existing City replacement policy.
c. The City of El Segundo shall maintain an asset inventory system for all items
purchased under the Homeland Security grant programs in accordance with a
Memorandum of Understanding issued through the City of Los Angeles as the
primary grant administrator.
EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 2009
AGENDA STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Consideration and possible action to allow a banner from the El Segundo High School
Alumini Association to be hung over Main Street at no cost. (Fiscal Impact: $178)
RECOMMENDED COUNCIL ACTION:
1. Approve the request from the El Segundo High School Alumni Association regarding
its banners;
2. Alternatively, take such additional, related, action that may be desirable.
ATTACHED SUPPORTING DOCUMENTS:
Letter from the El Segundo High School Alumni Association.
FISCAL IMPACT:
Amount Budgeted: $178
Additional Appropriation: No
Account Number(s):
ORIGINATED BY: Maryam Jonas, Principal Civil Engineer
REVIEWED BY: Dana Greenwood, Public W rks Director,
APPROVED BY: Jack Wayt, City Manager
BACKGROUND AND DISCUSSION:
Ms. Yvonne Burgett Wills, representing the El Segundo High School Alumni Association, asked
the City to hang a banner across Main Street at no cost to them. The banner would advertise the
80th year celebration for the High School during homecoming on October 16, 2009 and would
begin display the week of October 12, 2009.
While the City does not have a formal banner policy, banners (and their location) are generally
approved by the Public Works Department in accordance with El Segundo Municipal Code § 15-
18-12. Persons placing such banners must pay the City $178 for hanging and removing each
banner. Here, the El Segundo High School Alumni Association requests that the City waive the
fee.
1 cJ
f ,�
,)
El Segundo High School Alumni Association
)NOMM )6NOt • El Segundo, CA 90245
PO Box 2733
TO THE EL SEGUNDO CITY COUNCIL
The Board of Directors of the E.S.H.S. Alumni Association
respectfully request the E1 Segundo City Council to
explore the possibility of waiving the installation
charge for a street banner welcoming E.S.H.S. alumni
to the E.S.H.S. Homecoming October 16, 2009. This is an
annual event in the month of October which honors the
El Segundo educational system.
Thank you for your consideration.
0
Yvonne Burgett Wills
Secretary- Treasurer
For
Floyd Carr - Chairman
E.S.H.S. ALUMNI ASSOCIATION
EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the modification of an existing Alcoholic Beverage
Control (ABC) license for on -site sale and consumption of alcohol (Type 41 — On -Sale Beer and
Wine) at an existing restaurant located at 223 Richmond Street (Second City Bistro), EA No. 828
for AUP No. 09 -01. In addition, consideration regarding whether to issue an encroachment
permit for 223 Richmond Street in accordance with El Segundo Municipal Code § 9 -2 -6.
Applicant: Scott Reed c/o Second City Bistro (Fiscal Impact: N /A)
RECOMMENDED COUNCIL ACTION:
Receive and file this report without objecting to the modification of a Type 41 ABC license
at 223 Richmond Street;
2. Issue an encroachment permit in accordance with El Segundo Municipal Code ( "ESMC ") §
9 -2 -6, relating to the encroachment into public right -of -ways; and/or,
3. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Crime and Arrest Statistics by Reporting District (RD)
2. Police Reporting District Map
3. Planning Commission Staff Report dated September 10, 2009
4. Approval Letter to Applicant dated August 26, 2009
5. Public Works Department, Fire Department and Building Safety Department
Comments
6. Application and Plans
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
n
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager��
REVIEWED BY: Greg Carpenter, Planning and Building Safety Direct)
REVIEWED BY: Dana Greenwood, Public Works Director 4Z16b
APPROVED BY: Jack Wayt, City Manage
F�
55
BACKGROUND AND DISCUSSION:
I. Background
On April 4, 1995, the City Council decided to review all future Alcohol Beverage Control
(`ABC ") license applications. ABC regulations require a 30 -day review and comment period, for
alcohol sales at restaurants, after notice to the local police and planning departments. A protest
should relate to public health, safety or welfare concerns.
II. Analysis
According to the most recent Crime and Arrest statistics report (January 2009 — June 2009,
Exhibit 1) prepared by the Police Department, the restaurant is located in Reporting District
(RD) 112 which is in the Richmond Street District (RSD) within the Downtown Specific Plan
(DSP) Zone. The Crime and Arrest statistics show that the District had a total of 12 Part I crimes
(criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny- theft, motor
vehicle theft and arson) and 3 felony and misdemeanor arrests for a total of 15 crimes. The
Police Department and the Planning and Building Safety Department do not object to the
expansion of the area for the ABC license for an existing restaurant; El Segundo Municipal Code
§ 9 -2 -6 requires an encroachment permit for the outdoor dining area proposed within the public
right -of -way. The applicant applied for an encroachment permit which would allow the
placement of freestanding tables, chairs, railing, and planters in front of the establishment in a
portion of the Richmond Street sidewalk.
This license request is for the convenience of serving alcoholic beverages to the customers to
complement the food service at an existing restaurant that is requesting approval to expand the
area and remodel to meet fire, zoning and building safety regulations. The existing restaurant has
requested to allow a 100 square -foot outdoor dining area to encroach 4 feet into the public right -
of -way in front of the building adjacent to an existing 250 square -foot outdoor dining area and
the construction of a 750 square -foot outdoor dining area to the rear of the building. Restaurants
are a permitted use in the Richmond Street District (RSD) within the Downtown Specific Plan
(DSP) Zone. A six -foot wide sidewalk will remain for pedestrian passage adjacent to the outdoor
dining area located in the public right -of -way and will comply with ADA requirements. The
expansion of alcohol sales in the proposed new 850 square feet of outdoor dining area requires
an Administrative Use Permit (AUP), in accordance with the development standards contained
within the Downtown Specific Plan (DSP) Zone. Additionally, the applicant must purchase or
lease 13 in -lieu parking spaces from the City to meet the minimum required 13 parking spaces
for the use of a new 750 square —foot outdoor dining area proposed at the rear of the building.
The applicant's proposed hours of alcohol sale are expected to be during the hours the restaurant
is open. The restaurant's hours of operation will be from 9:00 a.m. to 11:00 p.m. Monday
through Sunday.
On August 26, 2009 the Director of Planning and Building Safety approved an Administrative
Use Permit application (EA No. 828 and AUP No. 09 -01) for 223 Richmond Street. The
Director's decision was forwarded to the Planning Commission on September 10, 2009, which
chose to receive and file the item.
The applicant has expressed interest in using the rear patio area on a temporary, seasonal basis. A
parking agreement and the required parking rental fees will be required for the months used on an
annual basis. The applicant has been informed that the agreement must be executed and payment
must be provided prior to the use of the rear patio. Alternatively, should the applicant request the
ability to use the outdoor dining area on a permanent basis, the applicant will have to pay for 13
parking spaces through the parking in -lieu program.
ABC license review requires mandatory findings that are regulated by the Department of
Alcoholic Beverage Control; the City's AUP process is separate. The Department of Alcoholic
Beverage Control (ABC) is responsible for running a complete background check on all alcohol
license applicants, as well as conducting site inspections, before issuing any type of alcohol
license.
III. Conclusion
Planning staff recommends that the Council receive and file the determination without objecting
to the modification of the existing Type 41 ABC license at 223 Richmond Street. The
recommendation to receive and file the determination without objecting to the modification of
the existing Type 41 ABC license is subject to the applicant executing the parking agreement and
payment of either the monthly parking fees for temporary usage or the parking in -lieu fee for
permanent usage. Further, the City Council should consider whether to issue an encroachment
permit for the establishment, pursuant to El Segundo Municipal Code ( "ESMC ") §§ 9 -2 -6.
\ \ \CH3K03 \ \ \CH3K03 \Shared Files \Dept \Planning & Building Safety \0 Planning - Old \PROJECTS (Planning) \826 - 850 \EA 828\2009.10.06.EA -828 CC SR.doc
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EL SEGUNDO POLICE DEPARTMENT
15�
Records /eg Page 1 7/20/2009
RECORDED
PERIOD: JANUARY
- JUNE, 2009
PART I CRIMES AND
ARRESTS STATISTICS
BY REPORTING DISTRICT RD
�. `'� ? $, ��i' ;�� _�� +_
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101
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102
8
7
z w NEC +66%
103
4
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104
11
2
°,. : = °`♦ +44%
105
10
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106
5
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107
20
7
_ xy +200%
108
5
4
0%
109
3
0
-66%
110
2
0
= ° -77%
-77%
112
12
3
+660/6
113
4
2
-33%
114
1
0
-88%
115
1
1
-77%
116
0
0
r _ 0%
201
4
-44%
202
8
2
' t ._• . O� a +11%
203
6
2
204
0
0
, i.UG 0%
205
11
5G....
+77%
206
4
0
I -55%
207
19
6
25" +177%
208
13
9
�•; +14 %
209
17
4
21w-- +133%
210
8
1
0° /O
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211
11
23
212
1
1
fv -77%
301
9
2
+22%
302
11
4:;
+66%
303
1
1
-77%
304
0
0
0_ 0%
305
5
-33%
306
4
2
f' f -33%
307
4
-44%
? ` 13'�t ,• _ _ +300%
308
23
13
309
6
2�r
310
2
0
.r., - -77%
x, A� �s, ' y -55%
° ` -55%
311
3
1
312
3
1?
313
2
0
_ ,�A -77%
314
0
0
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315
5
1
h,. ., ��� -33%
v .
316
4
1
" ` = I R -44%
317
3
0
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318
34
14
+433%
+188%
319
22
4
320
4
1
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322 4 1 -44%
1 °
323 1E 77 °/
' �•i '..': ":. E`a° sf .. , ,.et i�d `. �,a` s;,e., �€ ,. i _ ., mJ, c..a,; r' - aei ., a,: : 0 �,`
Number of Reporting Districts = 51
Average # of Part I Crimes per Reporting District = 7
Average # of Felony /Misdemeanor Part I Crime Arrests per Reporting District = 2
Average # of Crimes and Arrests per Reporting District = 9
Results from 01/01/2009 through 06/30/2009)
FORMULA: Add (Part I crimes + Felony/Misd Arrest) then subtract from the Average # of Crimes and Arrest
per Rd, divided by the Average # of Crimes and Arrests per RD and multiply by 100.
Sample: 14 +1= 15- 9 =619= .66x100 --+66%
15�
Records /eg Page 1 7/20/2009
CITY OF EL SEGUNDO
PLANNING COMMISSION STAFF REPORT
PUBLIC HEARING: September 10, 2009
SUBJECT: Environmental Assessment No. EA -828 and
Administrative Use Permit No. 09 -01
APPLICANT: Scott Reed
PROPERTY OWNER: Star Restaurant Holdings, LLC
REQUEST: A request for an Administrative Use Permit to allow
the expansion of alcohol sales in a new 750 square -
foot outdoor dining area at the rear of the building
and a new 100 square -foot sidewalk dining area in
front of the building in the public right -of -way for
the sale of beer and wine for on -site consumption
(Type 41 ABC) license at an existing restaurant
(Second City Bistro).
PROPERTY INVOLVED: 223 Richmond Street
I. INTRODUCTION
The applicant requests an Administrative Use Permit to expand the area for the sale
and consumption of beer and wine (Type 41 Alcoholic Beverage Control license) at
an existing restaurant at 223 Richmond Street. The request includes a new 750
square -foot outdoor dining area to the rear of the restaurant, and a new 100 square -
foot outdoor dining area that encroaches 4 feet into the public right -of -way adjacent
to an existing 250 square -foot covered outdoor dining area in the front side of the
building. The approval of a separate application for an encroachment permit is
required for the use of the public right -of -way and is subject to the requirements of
ESMC § 9 -2 -1. The permit is processed by the Public Works Department as a
condition of approval of this Administrative Use Permit and must be obtained from
the Public Works Department before any seating for outdoor dining can occur in the
public right -of -way. A six -foot wide sidewalk would remain for pedestrian passage
adjacent to the outdoor dining area. The project site is located in the Richmond
Street District (RSD) within the Downtown Specific Plan (DSP) Zone. The Director
made the necessary findings to grant an Administrative Use Permit for the on -site
sale and consumption of beer and wine and approved the Administrative Use Permit
by
on August 12, 2009 (see Exhibit A).
II. ANALYSIS
The restaurant currently has a Type 41 Alcoholic Beverage Control License. The
existing restaurant is approximately 2,238 square feet in total indoor area and
contains a covered outdoor dining area that is 250 square feet located fully on
private property in the front side of the building. A total of 56 seats are located within
the interior of the restaurant and 16 seats are located in the covered outdoor dining
area in the front side of the building. The outdoor dining area expansion in front of
the building would add 3 tables with 6 seats and would encroach 4 feet into the
public right -of -way. The new 750 square -foot outdoor dining area to the rear
contains 12 tables and 48 seats. The new proposed combined total area for the
restaurant is 3,338 square feet and contains 126 seats. The Planning and Building
Safety Director made the necessary findings to grant an Administrative Use Permit
for the on -site sale and consumption of alcohol and approved the Administrative
Use Permit on August 26, 2009 (see Exhibit A).
The following chart describes the proposed dining and seating areas.
PROPQSI=
y ,
'OF
`
SQUARE FOQTAGSyltl
SEATS .
;PROPQSED
RESTAURANT
Existing Indoor
Dining and Service
2,238 SF
56 seats
Area
Existing Covered
Front Outdoor Dining
250 SF
16 seats
Area
New Front Outdoor
100 SF
6 seats
Dining Area
New Rear Outdoor
750 SF
48 seats
Dining Area
Total
3,338 gross SF
126 seats
The zoning for the site is the Richmond Street District (RSD) within the Downtown
Specific Plan (DSP). Restaurants are a permitted use in this Zoning District in
accordance with Downtown Specific Plan (DSP) § Vl C.2(b). The proposed use (850
square -foot outdoor dining area addition for the expansion of beer and wine sales
2
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�6i
for on -site consumption at a restaurant) requires an Administrative Use Permit
approval in accordance with DSP § VI C.4(a) and ESMC § 15 -22 -5. The proposed
750 square -foot outdoor dining area expansion is a permitted accessory use,
subject to design review in accordance with DSP § VI C.4(e) and compliance with
ESMC § 15 -2 -16 outdoor dining area regulations. A separate approval for an
encroachment permit must be obtained from the Public Works Department before
the use of the proposed new 100 square -foot outdoor dining area in the public right -
of -way in front of the restaurant and is subject to the requirements of ESMC § 9 -2 -1.
The minimum number of required parking spaces for restaurant uses is one parking
space for every 75 square feet of dining area and one parking space for each 250
square feet of non - dining area (DSP §VII 3.b.iii). Under the current Downtown
Specific Plan Parking regulations the existing restaurant configuration together with
the proposed two outdoor dining areas is required 21 parking spaces (DSP § VII
3.b.iii). However, the restaurant is legal nonconforming as to the total number of on-
site parking spaces provided with only 4 existing parking spaces located at the rear
of the property. The new proposed 850 square feet of outdoor dining area for the
restaurant requires 9 additional parking spaces that would increase the total number
of spaces required to 13. The outdoor dining area is proposed at the rear of the
building where the 4 existing parking spaces are located. The outdoor dining area
is designed with a fence enclosure and gates that open toward the alley so that
when it is not in use for outdoor dining, the patio can be used again to provide 4
parking spaces.
In -lieu parking permit fees must be paid to the City for the 13 parking spaces when
the outdoor dining area is used subject to the requirements of Ordinance No. 1429.
The applicant has several options to comply with the requirements of the Ordinance.
The Ordinance allows the applicant to pay the required parking in -lieu fee to keep
the outdoor dining area at the rear of the restaurant on a permanent basis or on a
temporary basis.
For permanent use of the outdoor dining area, the applicant can either pay the full
fee amount for the required 13 parking spaces before initiating the use or may make
monthly payments for a maximum period not to exceed twenty years beginning
before the use is initiated. For temporary use of the outdoor dining area, the
applicant may use the outdoor dining area for a minimum of 1 month and can either
pay the full fee amount before initiating the use or may make monthly payments
beginning before the use is initiated for the duration of the temporary use.
3
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The following chart is the parking analysis for the proposed uses:
The current and proposed restaurant dining hours of operation are: Monday through
Sunday from 9:00 a.m. to 11:00 p.m. The outdoor dining areas will be open the
same hours as the restaurant. Food service must be available in the indoor and
outdoor dining areas during the dining hours. The outdoor dining area hours must
be limited to the same hours as the restaurant. Any change to the hours of
operation or the hours that alcohol may be served is subject to review and approval
by the Planning and Building Safety Director. No live entertainment is proposed in
the outdoor dining area.
Planning staff reviewed the application and the Planning and Building Safety
Director made the necessary findings to grant an Administrative Use Permit. The
attached letter specifies all of the required findings for the permit.
4
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PARCKING iRATlOtw
x n
Existing Covered
Front Outdoor Dining
250 SF —1 Space /75 SF
3 Parking Spaces
Area
Existing Indoor
959 SF —1 Space /75 SF
13 Parking Spaces
Dining Area
Existing Non - dining
1,279 SF -1 Space 1250 SF
5 Parking Spaces
Area
New Front Outdoor
0 Parking Spaces for the First
Dining Area
100 SF — 1 Space /75 SF
200 SF of Outdoor Dining Area; 0
Parking Spaces Required
New Rear Outdoor
0 Parking Spaces for the First
Dining Area
750 SF — 1 Space/75 SF
200 SF of Outdoor Dining Area; 9
Parking Spaces Required
30 parking spaces required and
13 In -lieu parking spaces will be
Total
3,332 gross SF
provided (9 for the outdoor dining
area expansion and 4 parking
spaces to replace the existing
legal on -sites aces
Note: Pursuant to El Segundo Municipal Code §15- 15 -2.G, fractional spaces are rounded to the nearest
whole number.
The current and proposed restaurant dining hours of operation are: Monday through
Sunday from 9:00 a.m. to 11:00 p.m. The outdoor dining areas will be open the
same hours as the restaurant. Food service must be available in the indoor and
outdoor dining areas during the dining hours. The outdoor dining area hours must
be limited to the same hours as the restaurant. Any change to the hours of
operation or the hours that alcohol may be served is subject to review and approval
by the Planning and Building Safety Director. No live entertainment is proposed in
the outdoor dining area.
Planning staff reviewed the application and the Planning and Building Safety
Director made the necessary findings to grant an Administrative Use Permit. The
attached letter specifies all of the required findings for the permit.
4
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Ill. ENVIRONMENTAL DETERMINATION
The proposed project is categorically exempt from the requirements of the California
Environmental Quality Act ( "CEQA ") pursuant to 14 California Code of Regulations
§ 15301 as a Class 1 categorical exemption (Existing Facilities) and pursuant to 14
California Code of Regulations § 15303 as a Class 3 categorical exemption (New
Construction or Conversion of Small Structures). The project includes an alcohol
license for an existing restaurant which results in a minor alteration in the operation
of an existing building involving a minor expansion of the existing use with the
addition of a 740 square -foot outdoor dining area at the rear of the building and a
100 square -foot outdoor dining area at the front of the building. The project is not
anticipated to have any significant impacts with regard to traffic, noise, air quality, or
water quality. There are adequate utilities and public services to serve the project.
There is adequate sidewalk width for pedestrian passage adjacent to the outdoor
dining area located in the public right -of -way.
IV. INTER DEPARTMENTAL COMMENTS
The project applications and plans were circulated to all relevant City Departments
and are attached to this report.
V. RECOMMENDATION
Receive and File.
VI. EXHIBITS
A. Administrative Use Permit Approval Letter, dated September 3, 2009
B. Interdepartmental Comments
C. Administrative Use Permit application
D. Plans
Prepared by: Maria Baldenegro, Assistant Planner
Kimberly Ch i tensen, AICP, Planning Manager
D artment o Planning & Building Safety
K
Areg Ca enter, Nirector
Department of Planning & Building Safety
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1VY
LiVA76 11IFF
Planning & Building Safety Department
September 3, 2009
Scott Reed
Elected Officials:
Second City Bistro
Kelly McDowell,
Mayor
223 Richmond Street
Eric K.
Pro Maayor yor P Pr o Tem
El Segundo, CA 90245
Carl Jacobson,
Council Member
Bill
RE: Environmental Assessment No. EA -828 and
Council Member
Coun
Don Brenn,
Council Member
Administrative Use Permit (AUP) No. 09 -01
Cindy Morte
City Clerk rk
To allow the expansion of alcohol sales in a new 100 square -foot
RalphLanphere,
City Treasurer
outdoor sidewalk dining area that will encroach 4 feet in the public
right -of -way in front of the building and a new 750 square -foot outdoor
dining area to the rear for the sale of beer and wine for on -site
Appointed Officials:
consumption (Type 41 ABC) license at an existing restaurant (Second
Jack Wayt,
City Bistro).
City Manager
Mark D. Hensley,
City Attorney
Address: 223 Richmond Street
Department Directors:
Bll/ Crowe,
Assistant City Manager
Deborah Cullen,
Dear Mr. Reed:
Finance
Robert Hyland,
Human Resources
Kevin Smith,
Fire Chief
This letter is to inform you that, in accordance with El Segundo Municipal
Debra Brighton,
Library Services
Code ( "ESMC ") Chapter 15 -22, the Planning Division reviewed our
y
Greg Carpenter,
Planning andBuilding
application for the above - referenced project and the Director of Planning
Safety
and Building Safety APPROVED Environmental Assessment No. EA -828
David Cummings, iand
Administrative Use Permit No. 09 -01 to expand the area for the sale
Dana Greenwood,
Public Works
and consumption of beer and wine at an existing restaurant at 223
Robert Cummings,
Recreation 8 Parks
Richmond Street. The Administrative Use Permit approval includes a new
100 square -foot outdoor sidewalk dining area in the public right -of -way
adjacent to an existing 250 square -foot covered outdoor dining area in
front of the building, and a new 750 square -foot outdoor dining area to the
www.e/segundo.org
rear of the existing 2,488 square -foot restaurant. The following are the
findings and facts in support of each finding for this decision:
bj
350 Main Street, El Segundo, California 90245 -3813
Phone (310) 524 -2380 FAX (310) 322 -4167
t
t
FINDINGS AND FACTS IN SUPPORT OF EACH FINDING:
Environmental Assessment No. 828
Finding 1
The proposed project is categorically exempt from the requirements
of the California Environmental Quality Act ( "CEQA ") pursuant to 14
California Code of Regulations § 15301 as a Class 1 categorical
exemption (Existing Facilities) and pursuant to 14 California Code
of Regulations § 15303 as a Class 3 categorical exemption (New
Construction or Conversion of Small Structures).
Facts in Support of Finding 1
The applicant requests approval to expand the alcohol sales in a new
750 square -foot outdoor dining area to the rear of an existing 2,488
square -foot restaurant with direct access from the interior, and a new
100 square -foot outdoor sidewalk dining area in front of the restaurant
that will encroach 4 feet in the public right -of -way adjacent to an
existing covered 250 square -foot outdoor dining area. A six -foot wide
sidewalk will remain for pedestrian passage adjacent to the outdoor
dining area. The request is for a combined total 3,338 square feet in
area. The project is an expansion of an existing restaurant which
results in a minor alteration in the operation of an existing building
involving a minor expansion of the existing use with 850 square feet of
new outdoor dining area. The project is not anticipated to have any
significant impacts with regard to traffic, noise, air quality, or water
quality. There are adequate utilities and public services to serve the
project. There is adequate sidewalk width for pedestrian passage
adjacent to the outdoor dining area located in the public right -of -way.
The property is in an urbanized area where it has adequate access
and all public services and facilities are available. Additionally, the site
is not in an area that is environmentally sensitive.
Administrative Use Permit 09 -01
Finding 1
There is compatibility of the particular use on the particular site in relationship to
other existing and potential uses within the general area in which the use is
proposed to be located.
iL 6
U
2
Facts in Support of Finding 1
The existing restaurant currently has a Type 41 Alcoholic Beverage Control
License for a 2,488 square -foot restaurant that includes 2,238 square feet of
indoor building area and a 250 square -foot covered outdoor dining area in front
of the building. The indoor dining area contains 56 seats and the covered outdoor
dining area contains 16 seats for a total of 72 seats.
2. The applicant proposes to add a new 750 square -foot rear outdoor dining area
containing 48 seats, and a new 100 square -foot front outdoor sidewalk dining
area containing 6 seats to expand the area for the sale and consumption of
alcohol at the restaurant. The proposed combined new total area for the
restaurant is 3,338 square feet with 126 seats.
3. The minimum number of required parking spaces for the new 850 square -foot
outdoor dining area addition to the restaurant is 9 spaces. No additional parking
spaces are required for the first 200 square -feet of outdoor dining area. The
existing 4 parking spaces are legal nonconforming. The applicant is requesting
approval to replace the four existing required parking spaces to the rear of the
property with a new 750 square -foot outdoor dining area containing 48 seats.
The approval and use of the new 750 square -foot outdoor dining area to the rear
of the building requires that the applicant purchase or lease from the City a total
of 13 in -lieu parking spaces. The conditions of approval require that the applicant
provide the required parking spaces through the in -lieu program or other means
satisfactory to the Director of Planning and Building and Safety to allow the use
of the new 750 square -foot outdoor dining area.
4. The General Plan land use designation for the site is Downtown Specific Plan.
The Downtown Specific Plan permits community serving retail and service uses,
including offices in a pedestrian- oriented environment.
5. The zoning for the site is the Richmond Street District (RSD) within the
Downtown Specific Plan (DSP). Restaurants are a permitted use in this Zoning
District in accordance with Downtown Specific Plan (DSP) § VI C.2(b). The
proposed use (850 square -foot outdoor dining area addition for the expansion of
beer and wine sales for on -site consumption at a restaurant) requires an
Administrative Use Permit approval in accordance with DSP § VI CA(a) and
ESMC § 15 -22 -5. The proposed 750 square -foot outdoor dining area expansion
is a permitted accessory use, subject to design review in accordance with DSP §
VI CA(e) and compliance with ESMC § 15 -2 -16 outdoor dining area regulations.
The Public Works Department must approve a separate application for an
encroachment permit for the use of the proposed 100 square -foot outdoor dining
area in the public right -of -way and is subject to the requirements of ESMC § 9 -2-
1.
67
6. The Downtown Specific Plan (DSP) Zone permits restaurants with outdoor dining
areas. The new outdoor dining area expansion for the existing restaurant is
similar and compatible with the surrounding land uses which include residential
units, commercial retail, restaurants, a music hall and office uses.
7. The applicant must obtain a State of California Department of Alcoholic Beverage
Control (ABC) license for on -site sale and consumption of beer and wine (Type
41) for the restaurant (Second City Bistro).
8. On September 10, 2009, the El Segundo Planning Commission is scheduled to
Receive and File the Administrative Use Permit request.
Finding 2
The proposed use is consistent and compatible with the purpose of the Zone in
which the site is located.
Facts in Support of Finding 2
1. The General Plan land use designation for the site is Downtown Specific Plan.
2. The zoning for the site is the Richmond Street District (RSD) within the
Downtown Specific Plan (DSP). Restaurants are a permitted use in this Zoning
District in accordance with Downtown Specific Plan (DSP) § VI C.2(b). The
proposed use (850 square -foot outdoor dining area addition for the expansion of
beer and wine sales for on -site consumption at a restaurant) requires an
Administrative Use Permit approval in accordance with DSP § VI CA(a) and
ESMC § 15 -22 -5. The proposed 750 square -foot outdoor dining area expansion
is a permitted accessory use, subject to design review in accordance with DSP §
VI CA(e) and compliance with ESMC § 15 -2 -16 outdoor dining area regulations.
The Public Works Department must approve a separate application for an
encroachment permit for the use of the proposed 100 square -foot outdoor dining
area in the public right -of -way and is subject to the requirements of ESMC § 9 -2-
1.
3. The purpose of the Richmond Street District (RSD) is the "entertainment center"
of El Segundo and is comprised of an eclectic mix of antique stores, bars,
restaurants and the Old Town Music Hall (Richmond Street 100 -200 blocks). This
street has a separate and distinct identity from Main Street, as it contains the
oldest commercial buildings in the City with development along the street near
the front property line. The proposed use is consistent with the zone in that it
serves residents, local employees, and visitors in a pedestrian- oriented
environment on the ground floor level.
4. The proposed use is consistent with the goals, objectives, policies, and programs
of the Downtown Specific Plan by expanding the neighborhood serving
4
3�8
commercial uses, maintaining the "small town" atmosphere with moderate
density, and improves the business environment of Downtown.
5. The proposed use is consistent with Economic Development Goal ED3 in that it
preserves and improves the business environment and image of Downtown El
Segundo. The proposed use is consistent with Objective ED3 -1 of economic
development in that it contributes to El Segundo's commercial options. The
proposed is consistent with Policy 3 -1.2, 3 -1.3, and 3 -1.5 in that it preserves
Downtown's economic viability, encourage revitalization efforts Downtown, and
encourage a mix of retail and commercial businesses that stimulate pedestrian
traffic and meet the communities need for changing needs for goods and
services.
6. The proposed use is consistent with Land Use Element Goal LU4 in that it
provides a stable tax base for the City through development of new commercial
uses without adversely affecting the viability of Downtown. The proposed use is
consistent with Objective LU4 -2 in that it serves as a focal point for the social
environment of the community. The proposed use is consistent Policy LU4 -2.1
as it revitalizes and upgrades commercial areas, making them a part of a viable,
attractive and people- oriented commercial district.
7. The surrounding land uses include: residential units, commercial retail,
restaurants, a music hall and office uses. The proposed new outdoor dining
areas are compatible with the surrounding uses.
Finding 3
• The proposed location and use and the conditions under which the use would be
operated or maintained will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity.
Facts in Support of Finding 3
1. The existing restaurant is located in the Downtown Specific Plan (DSP) Zone
within the Richmond Street District (RSD) and includes 850 square -feet of new
outdoor dining area. The restaurant and outdoor dining area meet all the
development standards of the (DSP) Zone and the required parking will be
provided in compliance with (DSP) § VII 3(a)(iii) Parking In -Lieu Fees.
2. The surrounding land uses include residential units, commercial retail,
restaurants, a music hall and office uses. The restaurant is a permitted use within
the Downtown Specific Plan (DSP) Zone and the new 850 square -foot outdoor
dining area is a permitted accessory use. On -site sale and consumption of
alcohol in new restaurants or outdoor dining areas are permitted with an
Administrative Use Permit.
5
3. The proposed hours of operation for the restaurant are: Monday through Sunday
from 9:00 a.m. to 11:00 p.m. The outdoor dining area would be open the same
hours as the restaurant and no live entertainment is proposed.
Finding 4
• Potential impacts that could be generated by the proposed use, such as noise,
smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized
and mitigated.
Facts in Support of Finding 4
1. The sale of alcohol will not create any new impacts that would not be normally
associated with the operation of a restaurant with indoor and outdoor dining
areas.
2. The proposed hours of operation for alcohol sales and the location of the
restaurant will help to minimize impacts on surrounding uses.
3. The proposed restaurant dining hours of operation are: Monday through Sunday
from 9:00 a.m. to 11:00 p.m. The outdoor dining area would be open the same
hours as the restaurant. Food service would be available in the indoor and
outdoor dining areas during the hours of operation. In addition, the subject site is
accessible to pedestrians from the surrounding area and the downtown.
4. In addition to complying with the requirements of the City of El Segundo and the
State of California Department of Alcoholic Beverage Control the restaurant is
subject to County Health Department regulations that address and monitor
impacts of fumes and odors.
Finding 5
• The State of California Department of Alcoholic Beverage Control has issued or
will issue a license to sell alcohol to the applicant.
Facts in Support of Finding 5
1. The applicant must obtain a license from the State of California Department of
Alcoholic Beverage Control (Type No. 41).
PLANNING AND BUILDING SAFETY DEPARTMENT DIRECTOR ACTION
Based on these findings and facts in support of these findings, the Planning and
Building Safety Department Director APPROVES the proposed project, subject to the
following conditions:
0
1. The proposed restaurant dining hours of operation are: Monday through Sunday
from 9:00 a.m. to 11:00 p.m. The outdoor dining areas will be open the same
hours as the restaurant. Food service must be available in the indoor and
outdoor dining areas during the dining hours. The outdoor dining hours must be
limited to the same hours as the restaurant. Food service must be available
inside the restaurant and in the outdoor dining areas during the dining hours.
Any change to the hours of operation or the hours that alcohol may be served is
subject to review and approval by the Director of Planning and Building Safety.
2. The seating for the restaurant must be limited to 56 seats in the interior dining
area, 16 seats in the covered outdoor dining area in front of the building, 48 seats
in the new outdoor dining area to the rear, and 6 seats in the new outdoor dining
area in the public right -of -way in front of the building and a total of 126 seats for
the subject site.
3. Any subsequent modification to the project as approved, including the floor plan
and areas where alcohol will be served, and /or the conditions of approval must
be referred to the Director of Planning or designee and Building Safety for
approval and a determination regarding the need for Planning Commission
review of the proposed modification.
4. The applicant must obtain and maintain all licenses required by the Alcoholic
Beverage Control Act (Business & Professions Code §§ 23300 et seq.). The
applicant must obtain and maintain a Type 41 license.
5. The applicant must obtain an encroachment permit from the Public Works
Department for any use of the public right -of -way for outdoor dining and is
subject to the requirements of ESMC § 9 -2 -1.
6. The restaurant operations must comply with ESMC §§ 7 -2 -1, et seq. regulating
noise and vibration.
7. The Planning and Building Safety Department and the Police Department must
be notified of any change of ownership of the approved use in writing within 10
days of the completion of the change of ownership. A change in project
ownership may be cause to schedule a hearing before the Planning Commission
regarding the status of the administrative use permit.
8. The applicant must comply with all regulations of the Alcoholic Beverage Control
Act and the regulations promulgated by the Alcoholic Beverage Control Board
including, without limitation, the regulations set forth in 4 Cal. Code of Regs. §§
55 et seq.
9. The applicant must post a sign in a clear and conspicuous location listing a
phone number at which a responsible party may be contacted during all open
hours of the establishment to address any concerns of the community regarding
1 ( y
7
noise in the restaurant, patio and parking lot. Said contact's name and phone
number must also be available through the restaurant staff at all times.
10. The applicant must, at all times, display a Designated Driver sign of at least
ten inches by ten inches (10" X 10 ") in the restaurant dining areas at eye level.
The sign must be worded in a way that reminds patrons who are consuming
alcohol to designate a non - drinking driver.
11. There must be no exterior advertising of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of
alcoholic beverages. Interior displays of alcoholic beverages which are clearly
visible to the exterior must constitute a violation of this condition.
12. All employees serving alcoholic beverages to patrons must enroll in and
complete a certified training program approved by the State Department of
Alcoholic Beverages Control (ABC) for the responsible sales of alcohol. The
training must be offered to new employees on not less than a quarterly basis.
13. Any and all employees hired to sell alcoholic beverages must provide evidence
that they have either:
a. Completed training from the State of California Department of Alcoholic
Beverage Control (ABC), Lakewood District Office administered
Leadership and Education in Alcohol and Drugs (LEAD) Program in the
form of an ABC - issued certificate; or,
b. Completed an accepted equivalent by the ABC, Inglewood District
Office to ensure proper distribution of beer, wine and distilled spirits to
adults of legal age. If any prospective employee designated to sell
alcoholic beverages does not currently have such training, then;
c. The ABC - licensed proprietors must have confirmed with the Planning
and Building Safety Department within fifteen (15) days of the Planning
Manager's decision, or by final project approval, that a date certain has
been scheduled within the local ABC Office to complete the LEAD
course.
d. Within thirty (30) days of taking said course, the employees, or
responsible employer must deliver each required certificate showing
completion to the Police Department.
14. The licensee must have readily identifiable personnel to monitor and control the
behavior of customers inside the building premises. Staff must monitor activity
outside in the parking lot and any adjacent property under the establishment's
control to ensure the areas are generally free of people and are cleared of
patrons and their vehicles one -half hour after closing.
8
15. If complaints are received regarding excessive noise, parking availability, lighting,
building access, and the like associated with the restaurant, and outdoor dining
area, the city may, in its discretion, take action to review the Administrative Use
Permit, including without limitation, adding conditions or revoking the permit.
16. The outdoor dining and seating areas must comply with ESMC § 15 -2 -16.
17. The building must not be occupied by more persons than allowed by the
California Building Code, as adopted by the ESMC.
18. The building and any outdoor seating must comply with California Building and
Fire Code requirements, as adopted by the ESMC.
19. The Applicant agrees to indemnify and hold the City harmless from and against
any claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising from the City's approval of Environmental Assessment
No. 828 and Administrative Use Permit No. 09 -01. Should the City be named in
any suit, or should any claim be brought against it by suit or otherwise, whether
the same be groundless or not, arising out of the City approval of EA -828 or AUP
09 -01, the Applicant agrees to defend the City (at the City's request and with
counsel satisfactory to the City) and will indemnify the City for any judgment
rendered against it or any sums paid out in settlement or otherwise. For purposes
of this section "the City" includes the City of El Segundo's elected officials,
appointed officials, officers, and employees.
PLANNING COMMISSION
Please be advised that this does not conclude the review process. This determination
will be transmitted to the Planning Commission at its September 10, 2009 meeting with
the recommendation that the Planning Commission Receive and File the determination.
The City Council will determine whether or not to protest the issuance of the ABC
License (Type 41) at its meeting on October 6, 2009.
If you have any questions, please contact the project planner Maria Baldenegro at (310)
524 -2341 for further information.
Sincerely,
Greg Ca enter, Director
DepartmeM of Planning and Building Safety
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60
E
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City of El Segundo PLANIw IN(7< DIVISION
INTER - DEPARTMENTAL CORRESPONDENCE
Circulation Date: July 6, 2009
TO: Robert Cummings, Recreation and Parks Director
(Attention: Mark Trujillo)
David Cummings, Police Chief
(Attention: Laurie Risk)
Dana Greenwood, Public Works Director
(Attention: Dan Garcia and Maryam Jonas)
Sam Lee, Building Safety Manager /Building Official
Kevin Smith, Fire Chief
(Attention: James Carver and Steve Tsumura)
Deborah Brighton, Library Services Director
Karl Berger, Assistant City Attorney
CC: Jack Wayt, City Manager
Deborah Cullen, Finance Direct
FROM: Greg Carpenter, Director
Kimberly Christensen, AICP, Planning Manager
Mana
9
STAFF
PLANNER: Maria Baldenegro, Assistant Planner
SUBJECT: Environmental Assessment No. EA -828 and AUP No. 09 -01
To allow the construction of a 740 square -foot outdoor dining
area and the sale of beer and wine for on -site consumption
(Type 41 ABC License) at an existing restaurant (Second City
Bistro).
Address: 223 Richmond Street
Applicant(s): Scott Reed
Business Name: Second City Bistro
Owner(s): Star Restaurant Holdings LLC
The applicant requests the approval of an Administrative Use Permit to construct
a new 740 square -foot outdoor dining area to the rear of the restaurant and to
allow on -site sale and consumption of beer and wine (Type 41 Alcoholic
Beverage Control license) at an existing restaurant at 223 Richmond Street. The
project site is located in the Richmond Street District (RSD) Zone within the
Downtown Specific Plan. The existing restaurant is approximately 2,492 square
feet in total indoor area contains a total of 72 seats. The existing covered outdoor
dining area on the front of the building provides seating for 12 and the remaining
60 seats are located inside of the restaurant. The new 740 square -foot outdoor
dining area at the rear of the building will allow for a total of 16 tables and 64
additional seats. The combined total restaurant area is 3,232 square feet with
136 seats.
The proposed project is categorically exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to 14 California Code of
Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities) and
pursuant to 14 California Code of Regulations § 15303 as a Class 3 categorical
exemption (New Construction or Conversion of Small Structures). The project
includes an alcohol license for a new restaurant, which results in a minor
alteration in the operation of an existing building involving a minor expansion of
the existing use with the addition of a 740 square -foot outdoor dining patio. The
project is not anticipated to have any significant impacts with regard to traffic,
noise, air quality, or water quality. There are adequate utilities and public
services to serve the project.
Attached for your review and comment is a copy of the application, and plans.
Please return the plans along with any comments by Tuesday, July 14,
2009. Should you have any questions about the project, please contact
Assistant Planner Maria Baldenegro at extension 2341.
Please email a copy of your comments to mbaidenearoAelse-gundo.ora.
COMMENTS:
Resolution #3448 requires an industrial waste permit for restaurants with seating capacity
of 150 seats or more. The permit requires the installation of a clarifier of 750 - gallon
capacity or a minimum of 30- minute flow detention time, which ever is greater. Please
ensure restaurant seating capacity is less than 150 seats.
Rqviewed By:
• A,,&. sl -, =t G Y M��-_ -7 (11,01
ignature Ma Title Date
Encl.: Application, and plans
% %CHWOMShared Files0eptTlanning & Building Safety\0 Planning - OIMPROJECTS (Planning)1828- 8501EA 84012009.EA- 828.IDC.dx
City of El Segundo
INTER - DEPARTMENTAL CORRESPONDENCE
Circulation Date: July 6, 2009
TO: Robert Cummings, Recreation and Parks Director
(Attention: Mark Trujillo)
David Cummings, Police Chief
(Attention: Laurie Risk)
✓Dana Greenwood, Public Works Director
(Attention: Dan Garcia and Maryam Jonas)
Sam Lee, Building Safety Manager /Building Official
Kevin Smith, Fire Chief
(Attention: James Carver and Steve Tsumura)
Deborah Brighton, Library Services Director
Karl Berger, Assistant City Attorney
CC: Jack Wayt, City Manager
Deborah Cullen, Finance Direct
FROM: Greg Carpenter, Director Q�/
Kimberly Christensen AICP PI ann i ng Manager
STAFF
PLANNER: Maria Baldenegro, Assistant Planner
SUBJECT: Environmental Assessment No. EA -828 and AUP No. 09 -01
To allow the construction of a 740 square -foot outdoor dining
area and the sale of beer and wine for on -site consumption
(Type 41 ABC License) at an existing restaurant (Second City
Bistro).
Address: 223 Richmond Street
Applicant(s): Scott Reed
Business Name: Second City Bistro
Owner(s): Star Restaurant Holdings LLC
The applicant requests the approval of an Administrative Use Permit to construct
a new 740 square -foot outdoor dining area to the rear of the restaurant and to
allow on -site sale and consumption of beer and wine (Type 41 Alcoholic
Beverage Control license) at an existing restaurant at 223 Richmond Street. The
project site is located in the Richmond Street District (RSD) Zone within the
Downtown Specific Plan. The existing restaurant is approximately 2,492 square
feet in total indoor area contains a total of 72 seats. The existing covered outdoor
dining area on the front of the building provides seating for 12 and the remaining
60 seats are located inside of the restaurant. The new 740 square -foot outdoor
L_
r
0
dining area at the rear of the building will allow for a total of 16 tables and 64
additional seats. The combined total restaurant area is 3,232 square feet with
136 seats.
The proposed project is categorically exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to 14 California Code of
Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities) and
pursuant to 14 California Code of Regulations § 15303 as a Class 3 categorical
exemption (New Construction or Conversion of Small Structures). The project
includes an alcohol license for a new restaurant, which results in a minor
alteration in the operation of an existing building involving a minor expansion of
the existing use with the addition of a 740 square -foot outdoor dining patio. The
project is not anticipated to have any significant impacts with regard to traffic,
noise, air quality, or water quality. There are adequate utilities and public
services to serve the project.
Attached for your review and comment is a copy of the application, and plans.
Please return the plans along with any comments by Tuesday, July 14,
2009. Should you have any questions about the project, please contact
Assistant Planner Maria Baldenegro at extension 2341.
Please email a copy of your comments to mbaldenegrolOft1seaundo org
COMMENTS:
Reviewed By:
Signature and Title Date
Encl.: Application, and plans
\ \CH3K03 \Shared Files\Dept\Planning & Building Safety \0 Planning - Old \PROJECTS (Planning) \826 - 850 \EA 840\2009.EA- 828.IDC.doc
:� '17
City of El Segundo
INTER - DEPARTMENTAL CORRESPONDENCE
TO: Maria Baldenegro, Assistant Planner -
FROM: Dan Garcia, Assistant City Engineer
DATE: July 8, 2009
SUBJECT: Comments for EA -828 and AUP 09 -01
After reviewing the proposed environmental assessment for the project at 223
Richmond Street, I have the following comments:
1. The applicant must ensure that encroachment permits if required and /or deemed
to be required by the City are secured from the Public Works Department before
commencing any and all work in the public right -of -way.
2. Owner agrees to indemnify and hold the City harmless from and against any
claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising from the City's approval of Environmental Assessment
No. 828. Should the City be named in any suit, or should any claim be brought
against it by suit or otherwise, whether the same be groundless or not, arising out
of the City approval of Environmental Assessment No. 828, agrees to defend the
City (at the City's request and with counsel satisfactory to the City) and will
indemnify the City for any judgment rendered against it or any sums paid out in
settlement or otherwise. For purposes of this section "the City" includes the City
of El Segundo's elected officials, appointed officials, officers, consultants, and
employees.
DG:MT
City of El Segundo
INTER - DEPARTMENTAL CORRESPONDENCE
Circulation Date: July 6, 2009
TO: Robert Cummings, Recreation and Parks Director
(Attention: Mark Trujillo)
David Cummings, Police Chief
(Attention: Laurie Risk)
Dana Greenwood, Public Works Director
(Attention: Dan Garcia and Maryam Jonas)
vSam Lee, Building lding Safety Mana er /BuHdina Official
Kevin Smith, Fire Chief
(Attention: James Carver and Steve Tsumura)
Deborah Brighton, Library Services Director
Karl Berger, Assistant City Attorney
CC: Jack Wayt, City Manager
Deborah Cullen, Finance Direct
FROM: Greg Carpenter, Director
Kimberly Christensen AICP Planning Manager
STAFF
PLANNER: Maria Baldenegro, Assistant Planner
SUBJECT: Environmental Assessment No. EA -828 and AUP No. 09 -01
To allow the construction of a 740 square -foot outdoor dining
area and the sale of beer and wine for on -site consumption
(Type 41 ABC License) at an existing restaurant (Second City
Bistro).
Address: 223 Richmond Street
Applicant(s): Scott Reed
Business Name: Second City Bistro
Owner(s): Star Restaurant Holdings LLC
The applicant requests the approval of an Administrative Use Permit to construct
a new 740 square -foot outdoor dining area to the rear of the restaurant and to
allow on -site sale and consumption of beer and wine (Type 41 Alcoholic
Beverage Control license) at an existing restaurant at 223 Richmond Street. The
project site is located in the Richmond Street District (RSD) Zone within the
Downtown Specific Plan. The existing restaurant is approximately 2,492 square
feet in total indoor area contains a total of 72 seats. The existing covered outdoor
dining area on the front of the building provides seating for 12 and the remaining
60 seats are located inside of the restaurant. The new 740 square -foot outdoor
dining area at the rear of the building will allow for a total of 16 tables and 64
additional seats. The combined total restaurant area is 3,232 square feet with
136 seats.
The proposed project is categorically exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to 14 California Code of
Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities) and
pursuant to 14 California Code of Regulations § 15303 as a Class 3 categorical
exemption (New Construction or Conversion of Small Structures). The project
includes an alcohol license for a new restaurant, which results in a minor
alteration in the operation of an existing building involving a minor expansion of
the existing use with the addition of a 740 square -foot outdoor dining patio. The
project is not anticipated to have any significant impacts with regard to traffic,
noise, air quality, or water quality. There are adequate utilities and public
services to serve the project.
Attached for your review and comment is a copy of the application, and plans.
Please return the plans along with any comments by Tuesday, July 14,
2009. Should you have any questions about the project, please contact
Assistant Planner Maria Baldenegro at extension 2341.
Please email a copy of vour comments to mbaldenegro(M-elsegundo.org.
COMMENTS:
SEE /+7-r -9C- 4h z
Reviewed By:
S � +�- P C—h'lec-4< '7 -9
Signature and Title �V r �`t`'t Date
Encl.: Application, and plans
\ \CH3K03 \Shared Files \Dept \Planning & Building Safety \0 Planning - Old \PROJECTS (Planning) \828- 850 \EA 840\2009.EA- 828.IDC.doc
Environmental Assessment
Number: EA -828
Address: 223 Richmond St.
Building Code 2007 CBC
Occupancy: B /A -3
Allowable floor area/Occupant Load:
• Outdoor dining area 740 sq. ft.
• Maximum occupant load /number of seats is 49
Exiting:
• Tables and chairs cannot block an exit or access to restrooms.
Disabled Access:
• Provide one 30 "X60" disabled access area for each 20 seats or fraction thereof.
• Provide a minimum 36" aisle that gives access to the disabled access seating area.
Other note:
• Occupant load factor for the out door dining area, will be based on table A, which
is 1/30 sq ft of area. Thus the occupant load will be less than 100.
A K
ECE WEO
SEP 201 20091
PLANNING DIVISION
:�8i
r'
l
PLUMBING FIXTURES AND FIXTURE FITTINGS
Table A. Occupant Load Factor:
Occupancy *, **
Group A
1. Auditoriums, convention halls, dance floors,
lodge rooms, stadiums, and casinos
(use 1/ 2 "one -half' the number of fixed seating)
2. Conference rooms, dining rooms, drinking
establishments, exhibit rooms, gymnasiums,
lounges, stages, and similar uses, including
restaurants classified as Group B occupancies
3. Worship places; principal assembly area,
educational and activity unit
(use 1/2 "one -half' the number of fixed seating)
Group B
Office or public buildings (area accessible to
the public)
Group E
Schools for daycare, elementary, secondary
Educational Facilities Other than Group E
Colleges, universities, adult centers, etc.
Group F
Workshops, foundries and similar establishments
Group H
Hazardous materials fabrication and storage
Group I
Hospital general use area, health care facilities
Group M
Retail or Wholesale stores
Group R
Congregate residence, Group R -1
Group S
Warehouse
Occupant Load Factor (square feet)
(CBC 2001, Table A -29A)
15
(where no fixed seating is provided)
30
30
(where no fixed seating is provided)
200
50
50
2,000
2,000
200
200
200
5,000
Table A
* Any uses not specifically listed shall be based on similar uses listed in this table.
** For building or space with mixed occupancies, use appropriate occupancy group for each area (for
example, a school may have an "A" occupancy for the gymnasium, a'B" occupancy for the office, an
"B" occupancy for the classrooms, etc.)
Accessory areas may be excluded (for example: hallway, restroom, stair enclosure)
U FE 1J � V
a +I' DO
SEP 2 1 200 I
PLANNING DIVISION.,
47
o E E 01Y
FEB 2 0 2009 r
U
PLANNING O'
City of El Segundo
Planning and Building Safety
350 Main Street
El Segundo, CA 90245
(310) 524 -2344; FAX: (310) 322 -4167
www.elsegundo.org
APPLICATION FOR AN ADMINISTRATIVE USE PERMIT
Environmental Assessment No:— X28 AUP No: D —0
Applicant: - (kE25 ��► ��
Name (print type)
-V? 0�i ; C--
Address
City /St/Zip
Date:
ire) 149-71 3032ZZe)1�
o i FCr�r- Fax I� 1 ST12 C
Check One: Owner /`"c Lessee ❑
Email II CX
Signature
Agent ❑
Property Owner: oLr' . 11' �
Name (print or type) Pho a Fax
V�3 5r-
Address
cj �- j ✓�.J�f U � � ( >� `� �` E m
City /St/Zip T Signature
Representative of applicant: (i.e., attorney, expeditor, etc.)
Name (print or type) Phone Fax
Address Email
City /SUZip Signature QQ
EA -828; AUP 09 -01 l V
223 Richmond St.
Arch itect/Enaineer:
J�-ro N.-/- CA L
Name (print or type)
Addres
�_. 0 �
r
City /SVZip
Property situated at:
General location:
'112
Phone Fax
Email
Mac
(Exact legal descripti n. Provide attachment, if necessary).
- between �/�'l 041 aj�'
Address (Street/Avenue (Street/Avenue)
Zoning: rz General Plan Land Use Designation. M
El Segundo Municipal Code Sections Relating to Request:
Lei 4, cj►^C
Request: Under the provisions of Section 15 -22 -3 of the El Segundo Municipal Code, application for
consideration of an Administration Use Permit for the above described property.
1. Describe in detail the entire proposed project (type of construction, materials to be used, uses involved, i.e.,
bank, general office, industrial, restaurant, etc.) buildings, and other equipment necessary to the project.
27��T�Luo -TI e4\-� 6C— ftCK— -F4T� L) -
L
2. Describe the existing development on the site (include square footages and uses of each building).
4 t&X= AT-10 2,50 c���2 `- —Di /mil A- qq-L— 'L �► S
r-
EA-828; AUP 09.01
2 223 Richmond 5t. 1 ''t
3. Explain in detail why this pug (icular site is especially suited for the p, uposed development and how it is
compatible with the purpose of the zone. ,
AD) UST M-16 1 p
(G:t� c6 o bs ,
4. Describe how the proposed project relates to the development of adjacent properties and the immediate
area and will not have detrimental effects to the adjacent properties or neighborhood.
5
Describe the requested hours of operation of the proposed use /uses. Please list hours for each use if there
are multiple uses on the site. If the application is for an alcohol permit, please also clarify if any
entertainment is proposed and what are the requested hours of entertainment. Cp5lj
gVvr� � Cff'� OJ ' `szs� ► 1. �l C
ABr_ LS
ou,
If the application is for an alcohol permit, please list the type of alcohol license you are requesting (i.e., Type
41, On -site Sale and Consumption of beer and wine).
A,6C 1� 0��
3 EA -828; AUP 09 -01
223 Richmond St.
NOTE: Separate Affidavits must be submitted if there are multiple owners.
OWNER'S AFFIDAVIT
I, We " e 0 being duly sworn depose and say that I /we
the OWNEFtof the property involved in this application and that I /we have familiarized myself (ourselves)
with the rules and regulation of the City of El Segundo with respect to preparing and filing this application
and that the foregoing statements herein contained and the information documents and all plans attached
hereto are in all respects true and correct to the best of my /our knowledge and belief.
Signature Date
STATE OF CALIFORNIA, )
County of Los Angeles )ss.
On his day of ,20 before me, the undersigned Notary Public
in and for said County and State, personally appeared
known to me to be the person whose name subscribe to the within
instrument, and acknowledged to me that he /she executed the same.
WITNESS my hand and official seal.
Notary Public in and for said County and State
EA -828; AUP 09 -01
4 223 Richmond 5t.
OWNER'S AUTHORIZATION
I hereby authorize to act for me in all matters relevant to this
application. I understand that this person will be the primary contact on the project and will be sent all
information and correspondence.
Owner's Signature
APPLICANT AFFIDAVIT
Date
I, We am (are) the APPLICANT(S)
of the property involved in this application; I (we) have familiarized myself (ourselves) with the rules and
regulation of the City of El Segundo with respect to preparing and filing this application; and the information
documents and all plans is true and correct to the best of my (our) knowledge and belief.
licant's Signature Date
EA -828; AUP 09 -01 1
223 Richmond 51.
Procedures for filing application
Submit the application with the signatures of the owner /owners of the property owner(s) and applicant(s) to
the Planning Division along with the following documents:
1. Submit the properly completed application to the office of the Planning Division. Signature of the
owner, owners, lessee, and /or agent shall be notarized before a Notary Public.
2. File application property completed in the office of the Planning and Building Safety Dept. along
with completed Initial Study Applicant Questionnaire. Signature of the owner /owners, lessee (if
applicant), and /or agent shall be required on all applications.
Applicant shall provide all information, dr s, and other mater'als as req sted by the nrw
Department as indicated. +
1
4. Pay filing fee. eq,,fee schedule)
5. Applicant and affected property owners will be noti if"ed of time of hearing.
9
6. Applicant must be present at the hearing and may offer additional evidence to support his /her
support.
7. There shall be an additional fee for filing an appeal.
80 A map of all properties within a 300 -foot radius of the subject property, keyed to a list of names and
address of the current property owner(s). Planning Staff can assist in the preparation of the radius
map. The names and addresses of the property owner(s) can be obtained by contacting: Los Angeles
County Assessors Office, 24330 Narbonne Avenue, Lomita, California. Phone number: (310) 534-
6100.
Certification that the names and addresses provided are those of the property owner(s) currently listed
in the latest available Tax Assessor's records. (Your hearing may be delayed if an excessive number
of notices are returned).
10. Unaddressed business envelopes with no return address, stamped with first class postage, of
sufficient number to contact every property owner within the 300 -foot radius map. The subject
property owner(s), the applicant(s), and any other interested party which the applicant wants notified
(sufficient for two mailings).
11. Two sets of adhesive mailing labels and one copy of a list of names and addresses, both keyed
into the radius map in item #1 with the names and addresses of every person indicated in item #3.
12. Provide eight (8) sets of plans (site plans, floor plans, and elevations), preliminary title report (new
construction only), and all other information request by the Planning Division. All plans must be
folded to a maximum of 8 1/2" x 11".
13. Signature page of application must be notarized, as noted on the fee schedule.
14. Fish and Game Document Handling fee - $50.00 (all projects). County of Los Angeles Public
Hearing Notice posting fee - $50.00 (for projects with an Initial Study and Negative Declaration.
Mitigated Negative Declaration, or Environmental Impact Report. Not required for projects which
are exempt from CEQA). Two separate checks, each made payable to the County of Los
Angeles.
15. Any other information as determined necessary by the Director of Planning and Building Safety.
6 EA -828; AUP 09 -01
223 Richmond St. v V
LO
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68" BOX
TEL 26'W /CL
NEW OUTDOOR DINING AREA 100 SQ. FT. EXHIBIT
EXPANSION IN PUBLIC RIGHT -OF -WAY
(6 ADDITIONAL SEATS) �,�"
�
1�
30'
25'
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CLEARANCE
EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to approve a Professional Service Agreement with
RRM Design Group for Architectural and Engineering Service to develop conceptual and
final design plans for construction of a new Beach Lifeguard Station at the El Segundo
Beach (south end of the beach parking lot, at the end of Grand Avenue on Vista Del Mar)
with storage, and public restrooms including a shower and drinking fountain.
(Fiscal Impact: $294,554.00)
RECOMMENDED COUNCIL ACTION:
1. Approve a Professional Service Agreement with RRM Design Group
2. Authorize the City Manager to execute the agreement in a form as approved by
the City Attorney.
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Scope of Work and Rate Schedule
FISCAL IMPACT: Included in Adopted Budget
Amount Requested: $294,554.00
Additional Appropriation: No
Account Number(s): 301- 400 - 0000 -0000
ORIGINATED BY: Maryam M. Jonas, Principal Civil Engineer
REVIEWED BY: Dana Greenwood, Public WQrks Director
APPROVED BY: Jack Wayt, City Manager
BACKGROUND AND DISCUSSION:
On July 24, 2009, staff issued a Request for Proposals for Design of Beach Lifeguard Station and
received three (3) proposals on August 27, 2009. After initial review of the proposals, two (2)
consultants were interviewed by a three (3) member selection panel from Planning and Building
Safety and Public Works Departments.
The Panel evaluation was based on qualifications and experience. The rate structure was not
used, however, in the selection process since State Law (Section 4526 of the Government Code)
requires that professional services be selected on the basis of demonstrated competence and
necessary professional qualifications.
��
The following ranking has been established by the panel members.
RRM Design Group $265,889 plus $28,665 for LEED Certification
Rossetti Architectures $327,508 plus $62,557 for CEQA and
Environmental planning /Costal Permit
The scope of services includes:
Preliminary Conceptual Design
Survey the site, review geotechnical report, schematic design, recommend
environmentally - responsible materials and design practices, building floor plans,
sanitary sewer investigation and report, elevation and site plan.
2. Coastal Commission Permit and CEQA Documentation,
Develop Coastal Commission, Categorical Exemption and provide required
notifications including site survey and topographic map.
3. Design Development
Develop construction documents suitable for bidding purposes, based upon the
work completed in the preliminary report.
4. Construction Documents
Prepare construction documents to include final drawings, specifications,
calculations, and final cost estimate.
Bidding
This task will involve responding to contractor questions during the bid, attending
the pre -bid meeting, preparing addenda and bid review.
6. Construction Observation and Administration
The consultant will provide responses to requests for information, review of shop
drawings and preparation of as -built plans in Mylar and AutoCAD format.
The Base price for these services is $255,889. The base price does not cover reimbursable
expenses for this project estimated to be $10,000. Reimbursable expenses include the
consultant's reproduction costs, plotting, copying, special delivery, handling of documents, and
shipping. In addition, the cost for LEED Certification is estimated at $28,665.00 and it covers the
followings:
LEED Design $7,770.00
Commissioning $8,400.00
PV Panel Design $5,250.00
LEED Construction $7,245.00
The total cost Including LEED Certification is of $294,554.00
Funding for this project is available through the proposed 2009 -10 County of Los Angeles
budget. On June 22, 2009, the Los Angeles County Board of Supervisor approved $1.7 million
from Capital Project No. 77046 (Various 4th District Improvements) for the development, design,
and construction of a new lifeguard station at El Segundo Beach.
Fee Proposal
BASIC SERVICES
Task A.1 Site Investigation, Data Collection and Preliminary Design
$ 14,140
Task A.2 Coastal Commissioning Documentation (Optional)
TBD
Task A.3 CEQA Documentation
$ 4,524
Task A.4 Site Survey and Topographic Map
$ 18,900
Task A.5 Geotechnical Investigation
$ 5,775
Task A.6 Sewage Investigation
$ 3,150
Task A.7 Sustainable Practice Investigation
$ 1,840
Task B Design Phase
$ 172,605
Task C Bid Phase
$ 5,975
Task D Construction Phase
$ 28,980
Basic Services Fee Subtotal (Tasks A through D):
* *$ 255,889
OPTIONAL SERVICES
Task A.8 High Water Risk Assessment
$63,000
Task B.1 LEED Design
$7,770
Task B.2 Commissioning
$8,400
Task B.3 PV Panel Design
$5,250
Task D.1 LEED Construction
$7,245
*Scope and fee are based off of information gathered from site visit, discussions with City
Planning Staff and information contained within the RFP. It is understood that the desire
of the City is to connect the sewer lift station to the nearest County of Los Angeles sewer
main which our scope is based on. Should results of Task A.6 Sewage Investigations reveal
that it is not feasible to connect to the County line and the neighboring City of Los Angeles
line is more feasible the above scope of work would reduce along with associated fees. RRM
Design Group would welcome the opportunity to discuss in greater detail the scope of
services proposed on.
** Not including reimbursable.
Reimbursable budget to be $10,000. RRM Design Group reimbursable expenses shall
include photocopies at $.20 per copy. All other types of RRM Design Group reproductions
such as blueprinting, process camera, typesetting, mileage and printing shall be billed
at the local vendor's current rate plus 10% to cover our overhead and administrative
expenses.
rrm group
creating environments people enjoy" JL J
Scope of Services
Task A: Preliminary Conceptual Design Phase
Task A.1: Site Investigation, Data Collection and Preliminary Design
Approach:
A kick -off meeting will be conducted and serve to set a road map for the work ahead.
This meeting will focus on project goals and procedures. The goals will be: budget,
schedule, aesthetics and function. The procedures will be: key contacts for information
and/ or decisions, anticipated 'events' for approval, regulatory agency requirements
and design committee members and their role/ functions. Discussions will also focus
on overall project schedule and focused schedules for each main task. Early and often
involvement in developing the design and drawings by City staff will be paramount to
keeping the project on schedule and running efficiently. Based on the Project Program
and Site Analysis, RRM will collect data of work previously completed and will produce
one (1) site and building arrangement plan. It will reflect the primary arrangements
of the site and form of the building. Additionally, RRM will produce one (1) floor plan
layout based on the site arrangement study developed. A working meeting with the
City will be used to refine the floor plan design. Based on decisions from the floor plan
review, one (1) exterior design concept will be presented for review of the facility. The
exterior building elevations will show material options, roof profiles, building style and
colors. A working meeting with the City and Planning Department will be used to select
and refine the exterior building elevations and become the basis of design for future
phases.
Included during this task are review/ comments on the Geotechnical Report completed
concurrently. Discussions will focus on recommendations of the Geotechnical Engineer
on foundation systems.
Products:
• Schematic Design: Building floor plans, elevations and site plan
Meetings:
• Two(2) working meetings: One (1) for project kick off and verification and one (1) to
present site plan, floor plan and exterior elevations schemes
Task A.2: Coastal Commissioning Documentation
Approach:
With respect to the permitting of the lifeguard facility, it is our understanding that the
City of El Segundo has its own authority for issuing Coastal Development Permits within
El Segundo's Coastal Zone per its certified Local Coastal Plan (LCP) that was adopted
in the 1980's. Its LCP allows the lifeguard station and public restroom facility as an
expressly permitted use in the location where it is being proposed further, because
the facility is of such limited size that is well under what may otherwise require further
19
City of El Segundo I Design of Beach Lifeguard Station Project 14
Scope of Services
analysis under CEQA, it is the City's intention to issue a Categorical Exemption for the
project. Thus, on the surface, it would appear that there will be little need for the
planning, design, and permitting process to require close coordination with the staff of
the California Coastal Commission.
That being said, it must be remembered that the location of its proposed lifeguard
facility falls within the "Appealable Area" of the Coastal Zone which allows the staff
of the California Coastal Commission or members of the Coastal Commission itself to
appeal locally issued Coastal Development Permits to the Coastal Commission. While
the City does not anticipate any issues that would warrant an appeal of this facility, our
experience in the coastal zone on similar projects in the past tells us that it would not be
unwise to coordinate early in the process with the staff the Coastal Commission to ensure
that there will be no surprises. Thus, we have included an optional task to have two (2)
meetings with the staff of the California Coastal Commission, to ensure their support for
the issuance of local permits for this critical beach facility.
If, for any reason there should be an appeal of this facility to the Commission, it will be
important for the City to have a consultant on staff with the significant experience and a
solid track record of success in obtaining Coastal Development Permits directly from the
California Coastal Commission. At RRM Design Group, we will bring that experience and
expertise to your project.
Products:
• California Coastal Commission documentation
Meetings (optional):
• Two(2) working meetings with the California Coastal Commission: One (1) at the
outset of the process and One (1) after some conceptual alternatives have been
completed
Task A.3: CEQA Documentation
Approach:
Based on preliminary evaluation and discussion with City Planning staff, the project
is anticipated to qualify for a Class 3 Categorical Exemption (New Construction or
Conversion of Small Structures) pursuant to CEQA Guidelines §15303. To support
use of the Categorical Exemption, a review checklist will be prepared to summarize
findings based on existing available documentation (no additional technical studies are
proposed). The documentation and notice will be prepared by the RRM Team, with
the notice to be posted by the City subsequent to City Council action. In the event the
project does not qualify for a Categorical Exemption, the project scope of work would
need to be revisited.
15 City of El Segundo I Design of Beach Lifeguard Station Project
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Scope of Services
Products:
• Categorical Exemption documentation and notice
Task A.4: Site Survey and Topographic Map
Approach:
A topographic base map will be prepared for the selected Beach Lifeguard Station site
to include adjacent streets to the center line. The survey will focus on existing utility
documentation and topography. All improvements on each property and adjacent
streets and include existing utilities and hardscape. Existing title information (provided
by the City) will be used to indicate record boundaries and easements (if any) on the
survey.
Products:
• Site survey and topographic map
Meetings:
• One (1) meeting to present site survey and topographic map
Task A.5: Geotechnical Investigation
Approach:
Our team's Geotechnical Consultant will provide geotechnical services to gather known
information about the site, obtain undisturbed soil samples (2 borings at accessible
locations on the proposed site) to an approximate depth of 20 to 50 feet to identify if a
water table is present within that depth for liquefaction assessment, perform laboratory
tests on the samples and provide an engineering analysis of all field and lab data. The
engineering analysis will discuss the site and underlying soils as well as the seismicity
of the site and associated risks involved in developing the project at this location. The
Geotechnical Report will provide soil profiles and sections, foundation and differential
settlement assumptions, lateral pressures, subsurface water elevations, suitability of
on -site soils for backfill, a plot plan showing boring locations and soils bearing pressure
recommendations for different types of foundations and pavement sections that may be
appropriate.
Products:
• Geotechnical Engineering Report
Meetings:
• One (1) meeting at site with Geotechnical Consultant and City Building Department
Representative
98
City of El Segundo I Design of Beach Lifeguard Station Project 16
Scope of Services
Task A.6: Sewage Investigation
Approach:
Our team's Civil Consultant will provide services to gather information about the site's
proximity to adjacent sanitary sewage system connections. A report for the selected
Beach Lifeguard Station site's sewage system shall include a proposed design, operational
features, sustainable approach options to reduce impact on existing sewage systems
and recommendation of connection to either LA County Sanitary District or City of Los
Angeles. Opinions of probable cost will be developed with for each. A working meeting
with the City and Planning Department will be used to select the desired approach.
Sewage investigation shall start after completion of site survey.
Products:
• Sewage Investigation Report
Meetings:
• One (1) working meeting with the City Team to review the alternatives and select an
approach.
Task A.7: Sustainable Practice Investigation
Approach:
RRM is committed to the benefits of sustainable projects and green building practices.
RRM's in house LEED AP, Kirstie Acevedo and our consultant team will evaluate the Beach
Lifeguard Station in regards to applicable environmentally sustainable features that might
be recommended to the City Team for this project's inclusion. While LEED certification
is not a part of this project, RRM will utilize the LEED checklist to present sustainable
features along with an estimated construction budget increase for each feature.
Products:
• Recommendations for Environmentally - responsible materials and design practices
Meetings:
• One (1) working meeting with the City Team to review alternatives sustainable
approaches and set sustainable design goals
Task A.8: City Council Presentation
Approach:
RRM will attend a City Council meeting and assist in the presentation of the design. Final
conceptual architectural drawings of the building site plan, floor plans and elevations will
be presented for approval.
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17 City of El Segundo I Design of Beach Lifeguard Station Project
creating environments people enjoy
J
I
Scope of Services
Products:
• Presentation materials for building site plan, floor plan and elevations
Meetings:
• One (1) meeting to present design to City Council for approval
Task B: Design Phase
Approach:
RRM and our Consultant Team will prepare Construction Documents and a construction
cost estimate. RRM assumes that the project will be designed using the current
applicable CBC as amended by the County of Los Angeles and the City of El Segundo
and other applicable and current local codes. The Construction Documents will include
plans, materials and systems specifications and engineering reports and calculations. It
is anticipated that the design will include pier /pile foundations and that the structure will
need to address being designed in a Type "A" flood zone. RRM anticipates submittals at
50% and 90% stages of Construction Documents. The 50% submittal shall include 50%
drawings and reports. The 90% submittal shall include 90% drawings and reports and
will be submitted to the Building Department for Plan Check. A detailed cost estimate
will be generated at the 90% stage of Construction Documents.
Drawings will be submitted to the City and County Building Department for review and
building department permit check. Upon receiving comments from all agencies, RRM
and the Consultant Team will respond to review and plan check items and resubmit for
building permit issuance. The plans incorporating City and County Building Department
comments shall be considered the biddable plan set.
It is anticipated that the Design Team will respond to plan check comments generated
out of first plan check. Any additional comments beyond first plan check comments will
be billed on an hourly basis.
Products:
• Building and site improvement construction drawings
• Technical specifications
• Equipment and material cut sheets
• Engineering calculations and Title 24 energy documentation
• Construction cost estimate at 90% progress in CSI format
• T -24 Energy Analysis
• Water Quality Management Documentation
Meetings:
• One (1) Construction Document kickoff meeting with City Team
• One (1) 50% Construction Document meeting with City Team
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Scope of Services
• One (1) meeting to present 90% Construction Document package to City Team and to
submit to building department
Task C Bid Phase
Approach:
During the bidding process, speed and accuracy are crucial. With most disciplines in-
house and local, the RRM approach is to establish the means to quickly respond to the
contractors' requests as well as client- initiated revisions.
Products:
• Assistance in clarifications and addenda
• Pre -bid review meeting minutes
• Interpretations of Contract Documents in answering bidder's questions
• Review of bid results and consulting with City on award of contract
Meetings:
• One (1) Pre -bid meeting
• One (1) Bid opening
Task D: Construction Phase
Approach:
During construction prompt response to contractor's request for information, submittal
review and clarifications is critical. The RRM approach is to establish the means to
quickly respond to the contractor's requests. RRM assumes a six (6) month construction
schedule. During that time services to include:
• Attendance at Pre- Construction meeting at the site
• Eight (8) on -site reviews of construction progress with field reports attended by
Architect
• Construction progress review by consultants at rough -in stages
• Submittal/ shop drawing review
• Product substitution review (limited to 5 total)
• Clarifications/ field questions/ requests for information response
• Review of Contractor Application for Payment
• Preparation of change orders/ architect's supplemental instructions if necessary
• Final walk- through and punch -list; establishment of Date of Substantial Completion
Additional Services
Task E: Leed Construction Documentation
Approach:
During the Design Phase and Construction phase of the project the RRM Team will collect
data based upon the proposed design, and selected Contractor's submittals and prepare
19 City of El Segundo j Design of Beach Lifeguard Station Project
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Scope of Services
documents for construction review and comment by the US Green Building Council. The
Design Team will respond to comments from the USGBC and resubmit clarifications as
required.
Task F: Color Rendering
Approach:
Should the City request a professional level color rendering RRM Design Group will
produce a rendering suitable for framing and marketing purposes.
Products:
• One (1) color rendering
• One (1) CD -ROM containing electronic file ready for printing of rendering
Exclusions
The following services are excluded from our scope and fee:
• Off -site drainage
• Telecom m u ncation and security systems — RRM will coordinate these efforts with City
hired vendors and provide for 'skeletal' systems to be in place at time of construction.
• Hazardous materials/ asbestos abatement or evaluation. RRM will prepare specification
sections supplied by City regarding guidelines for removing hazardous materials. Work
to be completed by contractor at time of construction.
• Environmental documentation including a Negative Declaration /Mitigated Negative
Declaration, Environmental Impact Report, National Environmental Protection Act
(NEPA) Documentation
• Traffic, noise or air quality studies
• Preparation of any easement documents
• Preparation of a lot line adjustment
• Presentations to City Planning Commission
• Construction staking
• Street improvement/ signalization plans (minor street modifications are anticipated)
• Fire sprinkler drawings/ calculations other than riser location and performance
specification section
• Permit/ Plan Check/ Agency/ USGBC fees
• Specialized foundation system (i.e. mat/ post- tensioned) other than those noted in
scope of services
• Specialized framing system (i.e. moment and space frames)
• Independent verification of accuracy of City - provided information
• Preparation of Record Drawings at end of Construction
• Reproduction of plans for bidding and construction other than regular progress
submittals
• Geotechnical construction observation services
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EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 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 Seismic Strengthening of the 3.1 Million Gallon
Water Reservoir at 400 Lomita Street — Project No. PW 09 -13 (Fiscal Impact:
$1,500,000.00)
RECOMMENDED COUNCIL ACTION:
Recommendation — (1) Adopt Plans and Specifications; (2) Authorize staff to advertise
the project for receipt of construction bids; (3) Alternatively, discuss and take other
action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Estimate
FISCAL IMPACT: Budget Adjustment Required
Amount Budgeted: $518,450.00
Additional Appropriation: Yes $981,550 from the Water Enterprise Fund
Account Number(s): 501- 400 - 7103 -8227 $18,450 (FY 08/09), $500,000 (FY 09/10)
ORIGINATED BY: Dan Garcia, Assistant City Engineer`""'
8
REVIEWED BY: Dana Greenwood, Public Works Director �p
APPROVED BY: Jack Wayt, City Manag f
BACKGROUND AND DISCUSSION:
In November 2008, Tetra Tech's Final Structural Evaluation /Analysis Report for Reservoir
Seismic Vulnerability of the 3.1 MG (million gallon) Water Reservoir revealed that the top of
wall in -plane connection and diaphragm shear are not adequate on the existing facility to
withstand the impact of a major earthquake. While the reservoir would still be capable of
retaining the water in storage following a design seismic event, the analysis indicated that the
roof of the structure needed additional reinforcement and the walls needed strengthening for the
reservoir to remain fully operational as a source of potable water. CIPAC 09/10 evaluated this
project recently and ranked it as the No. 1 priority project for this year.
10
203
The actual bid date will be scheduled after the November 3, 2009 City Council meeting where
the recommended Water Rate increases will be considered. The funding for this project is as
follows:
1. CIPAC 08/09 $ 18,450.00 (remainder after funding design)
2. CIPAC 09/10 $500,000.00 (FY 09/10 appropriation)
3. Fund 501 $981,550.00 (TBD after the Nov. 3 Rate Study)
Total Estimated Cost $1,500,000.00
Construction is currently scheduled to take place in the winter months when demand on the
system is lower. The retrofit is expected to take 4 months to complete after the Notice to Proceed
is issued.
Tetra Tech, Inc.
City of El Segundo
Cost Estimate for
Seismic Strengthening of 3.1 MG Reservoir
(90% Submittal)
Date :
8/26/09
Job No.
134- 25607 -08001
By:
E. Yuen
Checked:
V. Ramirez
RESERVOIR RETROFIT - Replacement of Roof Sheathing and Concrete Wall Retrofit
ITEM
QUANTITY
UNIT
DESCRIPTION
UNIT PRICE
TOTAL
General
1
1
LS
Mobilization and Demobilization
$81,291
$81,291
2
1
LS
Clean and Disinfect
$15,000.00
$15,000
Structure Retrofit
Exterior Wall
3
11,000
SF
Shotcrete
$30.00
$330,000
4
46,000
LB
Reinforcing
$2.50
$115,000
5
1,000
EA
Dowels Set in Epoxy Adhesive
$75.00
$75,000
6
460
LF
Curb at inside face of exterior wall
$100.00
$46,000
Interior Wall
7
2,400
SF
Shotcrete
$30.00
$72,000
8
7,000 1
LB
Reinforcing
$2.50
$17,500
9
300
EA
Dowels Set in Epoxy Adhesive
$75.00
$22,500
Shear Transfer Braced Frames
10
5,700
LB
Steel Angle Frames
$25.00
$142,500
11
700
LB
1 1/2" W x 1/4" T Steel Plates
$15.00
$10,500
12
384
EA
-Lag Screws
$6.00
$2,304
13
144
EA
Adhesive Anchors
$75.00
$10,800
14
300
BF
3x4 Blocking
$24.00
$7,200
15
48
EA
Repair vent screens at transfer frames
$300.00
$14,400
Roof Framing
16
1
Bddging at joist supports
$10,000.00
$10,000
17
1
Repair joist
$3,000.00
$3,000
Appurtenances
18
2
EA
Modify Hatch Curbs
$3,000.00
$6,000
19
1
LS
Demolish existing ladder runs
$2,000.00
$2,000
20
1
EA
Ladder
$8,000.00
$8,000
21
35
LF
Guardrailing
$300.00
$10,500
Roof Sheating Replacement
22
19,000
SF
Remove Existing Roofing
$2.10
$39,900
23
25,000
SF
New Plywood Sheathing
$3.00
$75,000
24
2,000
BF
Blocking for Diaphragm
$8.00
$16,000
25
19,000
SF
New Roofing
$5.80
$110,200
SUBTOTAL
$1, 242, 595
Contingency
20%
$248,519
TOTAL ESTIMATE $1,491,114
USE $1,600,000
P:\25607 \134- 25607- 08001 \Engineering \Structural \Cost Estimates \Final Design Cost Estimate 25607 -08001 r) 0 5
EL SE UNDO CITY COUNCIL
MEETING DATE: October 6, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the acceptance of the Douglas Street Gap
Closure Project PW- 05 -06.
(Fiscal Impact: $ None )
RECOMMENDED COUNCIL ACTION:
Recommendation - (1) Accept the work as complete; (2) Authorize the City Clerk to file
a Notice of Completion in the County Recorder's Office; and (3) Alternatively, discuss
and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Notice of Completion
FISCAL IMPACT: Included in Adopted Budget
Amount Requested: $N /A
Additional Appropriation: No.
Account Number(s): N/A
ORIGINATED BY: Dana Greenwood, Public Works Director
REVIEWED BY: Bill Crowe, Assistant Cit Manager
APPROVED BY: Jack Wayt, City Manager
BACKGROUND AND DISCUSSION:
Staff has been working with both Cal Trans and FHWA to finalize the paperwork associated
with this complicated project. This project involved State, Local and Federal Grant Funds, in
addition to a loan from the California Infrastructure and Economic Development Bank (I- Bank).
Accepting the work and filing the Notice of Completion will allow the City to drawn down the
remaining funds in the I -Bank Account ($1,980,038.36.). The Notice of Completion will be filed
with the Los Angeles County Recorder's Office if the City Council concurs.
1 1
�.Ur
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 : Acceptance of Douglas Street Gap Closure Project
Project No.: PW 05 -06
Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that:
1. The undersigned is an officer of the owner of the interest stated below in the property
hereinafter described.
2. The full name of the owner is: City of El Segundo
3. The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245
4. The nature of the interest of the owner is: Public street right -of -way
5. A work of improvement on the property hereinafter described was field reviewed by the
City Engineer on September 18, 2009. The work done was: under the overpass
6. On October 6, 2009, the City Council of the City of El Segundo accepted the work of this
contract as being complete and directed the recording of this Notice of Completion in the
Office of the County Recorder.
7. The name of the Contractor for such work of improvement was: SEMA Construction
B. 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:
Extension and connection of public roads.
9. The street address of said property is: Douglas Street between Park Place and Alaska
Avenue.
Dated:
Dana Greenwood
Director of Public Works /City Engineer
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
Director of Public Works /City Engineer
Notice of Completions\ ��
EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to extend the City's agreement with Cassidy & Associates
through September 30, 2010, for the provision of legislative advocacy services in Washington,
D.C., and approve federal work plan. (Fiscal Impact: $160,000 for FY 2009 -2010)
RECOMMENDED COUNCIL ACTION:
1. Authorize the Mayor to execute the attached agreement with Cassidy & Associates;
2. Approve the federal advocacy work plan as outlined in Cassidy & Associates Memorandum
of September 22, 2009;
3. Authorize an additional appropriation of $20,000 from unappropriated reserves;
4. Instruct the City Manager, affected departments, and our Washington, D.C. advocate to work
with the Congressional staff and local government associations to pursue the City's federal
funding and program objectives;
5. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Agreement between Cassidy & Associates and the City of El Segundo
2. Cassidy & Associates memorandum outlining a proposed work plan for FY 2009 -2010
FISCAL IMPACT: Budget Adjustment Required
Amount Budgeted: $140,000
Additional Appropriation: Yes $20,000
Account Number(s): 001 - 400 - 2901 -6407
ORIGINATED BY: Bill Crowe, Assistant City ManageX
REVIEWED BY: Bill Crowe, Assistant City Manager
APPROVED BY: Jack Wayt, City Manager
BACKGROUND AND DISCUSSION:
Over the past decade, Cassidy & Associates has been successful in federal advocacy on behalf of
the City. In addition to their policy work, which has ranged from aviation noise impact related
advocacy to base support and retention lobbying on behalf of Los Angeles Air Force Base,
Cassidy has been successful at securing federal appropriations for the City on a variety of
infrastructure projects. These included projects that supported implementation of the City's
Sewer Master Plan and the Douglas Street Gap Closure. Federal funds of over $10 million have
been secured since fiscal year 2000 for these important infrastructure projects.
12
Earlier this year, Cassidy submitted three projects to Congresswoman Harman's office for
consideration in the federal FY 2010 appropriations cycle -- $2,500,000 for the Arterial Streets
Rehabilitation Project, $1,000,000 for Energy Savings Projects at City Hall and Fire Station No.
2, and $2,260,315 for the city's fiber optic network (I -Net). After discussions with her office, it
was decided the best opportunity for securing increased funding for the City this calendar year
would be in the reauthorization of the so called "SAFETEA" or highway bill. Consequently,
Cassidy submitted and documented a detailed $5,000,000 request to the Transportation
Reauthorization bill (reauthorization of SAFETEA) for the Park Place Extension. If
appropriated, these funds would be dedicated primarily for the construction of the Park Place
Extension and augment the initial $750,000 in federal funding secured toward this project.
Looking forward to the federal FY 2011 work program, Cassidy will be assessing funding
opportunities for various energy savings projects, the city's I -Net, arterial streets rehabilitation,
and additional funding for the Park Place Extension. Cassidy speculates there may be
opportunities for funding these projects in Interior and Environment Appropriations bill,
Commerce, Justice, and Science Appropriations bill, Transportation, Housing and Urban
Development Appropriations bill, and Homeland Security Appropriations bill.
Therefore, it is recommended that City Council (1) approve an agreement with Cassidy &
Associates for federal legislative advocacy services for a monthly retainer of $13,333 or
$160,000 annually; (2) approve the federal advocacy work plan as outlined in Cassidy &
Associates Memorandum of September 22, 2009; and (3) appropriate an additional $20,000 from
unappropriated reserves; and (4) instruct the City Manager, affected departments, and Cassidy &
Associates to work with congressional members, their staff and local government associations to
pursue the City's federal funding and program objectives.
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this 6th day of October, 2009,
between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter
referred to as "City" and Cassidy & Associates hereinafter referred to as
"Consultant ". This Agreement shall be in full force and effect through September
30, 2010, unless extended by mutual agreement of City and Consultant. In
consideration of the mutual covenants and conditions set forth herein, the parties
agree as follows:
1. SCOPE OF SERVICES. Consultant agrees to perform the services
set forth in Exhibit "A" "SCOPE OF SERVICES" and made a part hereof.
Consultant represents and warrants that it has the qualifications,
experience and facilities to properly perform said services in a thorough,
competent and professional manner and shall, at all times during the term
of this Agreement, have in full force and effect, all licenses required of it by
law, including, but not limited to, a valid El Segundo Business License.
Consultants shall begin its services under this Agreement on October 1,
2008. Consultant shall complete each of the services set forth in Exhibit A
to the City's satisfaction. If the City is not satisfied with any such services,
the Consultant shall work on such matter until the City approves of the
service. Further, Consultant shall complete the services set forth in Exhibit
A strictly according to the schedule provided therein.
Additionally, Consultant shall provide the services specified in Exhibit A in
compliance with the following conditions: All work performed by
Consultant shall be directed through the City Manager or designee; all
work requested of Consultant by the City shall be directed by the City
Manager or designee; consultant shall submit periodic reports of work
product and progress on stated goals outlined in Exhibit A to the City
Manager not less frequently than once each month.
2. STATUS OF CONSULTANT. Consultant is and shall at all times
remain as to the City a wholly independent contractor. The personnel
performing the services under this Agreement on behalf of Consultant
shall at all times be under Consultant's exclusive direction and control.
Neither City nor any of its officers, employees or agents shall have control
over the conduct of Consultant or any of Consultant's officers, employees
or agents, except as set forth in this Agreement. Consultant shall not at
any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of
the City. Consultant shall not incur or have the power to incur any debt,
obligation or liability whatever against City, or bind City in any manner.
Consultant shall not disseminate any information or reports gathered or
created pursuant to this Agreement without the prior written approval of
City except information or reports required by government agencies to
enable Consultant to perform its duties under this Agreement.
3. CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS.
Consultant shall keep itself informed of applicable local, state and federal
laws and regulations which may affect those employed by it or in any way
affect the performance of its services pursuant to this Agreement.
Consultant shall observe and comply with all such laws and regulations
affecting its employees. City and its officers and employees, shall not be
liable at law or in equity as a result of any failure of Consultant to comply
with this section. Without limiting the foregoing, Consultant shall not
expend any funds in violation of: California Constitution, Article 16, Section
6; Government Code, Section 81000 et. seq. ( "Political Reform Act "); or
any other federal or state law governing the expenditure of public funds.
Consultant shall be solely responsible for submittal of all documents,
forms and other information that may be required by all applicable
agencies as a result Contractor's performing the services specified in this
Agreement.
4. PERSONNEL. Consultant shall make every reasonable effort to
maintain the stability and continuity of Consultant's staff assigned to
perform the services hereunder and shall obtain the approval of the City
Manager of all proposed staff members performing services under this
Agreement prior to any such performance.
5. COMPENSATION AND METHOD OF PAYMENT. Compensation
to the Consultant shall be paid as a fixed monthly retainer not to exceed
thirteen thousand three hundred and thirty -three dollars ($13,333) per
month. Payments shall be made in approximately thirty (30) days after
receipt of each invoice as to all non - disputed fees. If the City disputes any
of consultant's fees it shall give written notice to Consultant in 30 days of
receipt of an invoice of any disputed fees set forth on the invoice.
6. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not
be compensated for any services rendered in connection with its
performance of this Agreement which are in addition to those set forth
herein or listed in Exhibit "A ", unless such additional services are
authorized in advance and in writing by the City Manager. Consultant
shall be compensated for any additional services in the amounts and in
the manner as agreed to by City Manager and Consultant at the time
City's written authorization is given to Consultant for the performance of
said services.
7. ASSIGNMENT. All services required hereunder shall be performed
by Consultant, its employees or personnel under direct contract with
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Consultant. Consultant shall not assign to any subcontractor the
performance of this Agreement, nor any part thereof, nor any monies due
hereunder, without the prior written consent of City Manager.
8. FACILITIES AND RECORDS. City agrees to provide: suitably
equipped and furnished office space, public counter, telephone, and use
of copying equipment and necessary office supplies for Consultant's on-
site staff, if any. Consultant shall maintain complete and accurate records
with respect to sales, costs, expenses, receipts and other such information
required by City that relate to the performance of services under this
Agreement. Consultant shall maintain adequate records of services
provided in sufficient detail to permit an evaluation of services. All such
records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible.
Consultant shall provide free access to the representatives of City or its
designees at reasonable times to such books and records, shall give City
the right to examine and audit said books and records, shall permit City to
make transcripts therefrom as necessary, and shall allow inspection of all
work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
9. TERMINATION OF AGREEMENT. This Agreement shall expire on
September 30, 2010, unless extended by mutual agreement of City and
Consultant. The City upon 30 days written notice or 120 days by
contractor written notice may terminate with or without cause this
Agreement. In the event of such termination, Consultant shall be
compensated for non - disputed fees under the terms of this Agreement up
to the date of termination.
10. COOPERATION BY CITY. All public information, data, reports,
records, and maps as are existing and available to City as public records,
and which are necessary for carrying out the work as outlined in the
Scope of Services, shall be furnished to Consultant in every reasonable
way to facilitate, without undue delay, the work to be performed under this
Agreement.
11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of,
or in the event of termination, suspension or abandonment of, this
Agreement, all original maps, models, designs, drawings, photographs,
studies, surveys, reports, data, notes, computer files, files and other
documents prepared in the course of providing the services to be
performed pursuant to this Agreement shall, become the sole property of
City. With respect to computer files, Consultant shall make available to
the City, upon reasonable written request by the City, the necessary
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computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
12. RELEASE OF INFORMATION /CONFLICTS OF INTEREST.
A. All information gained by Consultant in performance of this
Agreement shall be considered confidential and shall not be released by
Consultant without City's prior written authorization excepting that
information which is a public record and subject to disclosure pursuant to
the California Public Records Act, Government Code. 6250, et seg.
Consultant, its officers, employees, agents or subcontractors, shall not
without written authorization from the City Manager or unless requested by
the City Attorney, voluntarily provide declarations, letters of support,
testimony at depositions, response to interrogatories or other information
concerning the work performed under this Agreement or relating to any
project or property located within the City. Response to a subpoena or
court order shall not be considered "voluntary" provided Consultant gives
City notice of such court order or subpoena.
If Consultant or any of its officers, employees, consultants or
subcontractors does voluntarily provide information in violation of this
Agreement, City has the right to reimbursement and indemnity from
Consultant for any damages caused by Consultant's conduct, including
the City's attorney's fees.
Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons,
complaint, subpoena, notice of deposition, request for documents,
interrogatories, request for admissions or other discovery request, court
order or subpoena from any party regarding this Agreement and the work
performed thereunder or with respect to any project or property located
within the City. City retains the right, but has no obligation, to represent
Consultant and /or be present at any deposition, hearing or similar
proceeding. Consultant agrees to cooperate fully with City and to provide
City with the opportunity to review any response to discovery requests
provided by Consultant. However, City's right to review any such
response does not imply or mean the right by City to control, direct, or
rewrite said response.
B. Consultant covenants that neither they nor any officer or
principal of their firm has any interest in, or shall they acquire
any interest, directly or indirectly which will conflict in any
manner or degree with the performance of their services
hereunder. Consultant further covenants that in the
performance of this Agreement, no person having such
interest shall be employed by them as an officer, employee,
agent, or subcontractor without the express written consent
of the City Manager.
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13. DEFAULT. In the event that Consultant is in default of any
provision of this Agreement, City shall have no obligation or duty to
continue compensating Consultant for any work performed after the date
of default and can terminate this Agreement immediately by written notice
to the Consultant.
14. INDEMNIFICATION. Consultant agrees to the following:
A. Indemnification for Professional Services. Consultant will save
harmless and indemnify, including, without limitation, City's defense costs
(including reasonable attorney's fees), from and against any and all suits,
actions, or claims, of any character whatever, brought for, or on account
of, any injuries or damages sustained by any person or property resulting
or arising from any negligent or wrongful act, error or omission by
Consultant or any of Consultant's officers, agents, employees, or
representatives, in the performance of this Agreement.
B. Indemnification for other Damages. Consultant 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 this Agreement, or its performance. 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, Consultant will defend City (at City's request and with
counsel satisfactory to City) and will indemnify CITY for any judgment
rendered against it or any sums paid out in settlement or otherwise.
C. For purposes of this section "City" includes City's officers, officials,
employees, agents, representatives, and certified volunteers.
D. It is expressly understood and agreed that the foregoing provisions
will survive termination of this Agreement.
E. The requirements as to the types and limits of insurance coverage
to be maintained by Consultant as required by this Agreement, and any
approval of said insurance by City, are not intended to and will not in any
manner limit or qualify the liabilities and obligations otherwise assumed by
Consultant pursuant to this Agreement, including, without limitation, to the
provisions concerning indemnification.
F. Consultant represents it is skilled in the professional calling
necessary to perform the services and duties agreed to hereunder by
Consultant, and City relies upon the skills and knowledge of Consultant.
Consultant shall perform such services and duties consistent with the
standards generally recognized as being employed by professionals
performing similar service in the State of California.
G. Consultant is an independent contractor and shall have no authority
to bind City nor to create or incur any obligation on behalf of or liability
against City, whether by contract or otherwise, unless such authority is
expressly conferred under this agreement or is otherwise expressly
conferred in writing by City.
CONSULTANT HAS READ THIS SECTION 14 IN ITS ENTIRETY
AND KNOWINGLY AND WILLINGLY ACCEPTS THE
OBLIGATIONS CONTAINED HEREIN.
15. INSURANCE.
A. Insurance Requirements. Consultant shall provide and
maintain insurance acceptable to the City Attorney in full force and effect
throughout the term of this Agreement, against claims for injuries to
persons or damages to property which may arise from or in connection
with the performance of the work hereunder by Consultant, its agents,
representatives or employees. Insurance is to be placed with insurers
with a current A.M. Best's rating of no less than A:VII. Consultant shall
provide the following scope and limits of insurance:
(a) Minimum Scope of Insurance. Coverage shall be at
least as broad as:
(i) Insurance Services Office form Commercial
General Liability coverage (Occurrence Form
CG 0001).
(ii) Insurance Services Office form number CA
0001 (Ed. 1/87) covering Automobile Liability,
including code 1 "any auto" and endorsement
CA 0025, or equivalent forms subject to the
written approval of the City.
(iii) Workers' Compensation insurance as required
by the Labor Code of State of California and
Employer's Liability insurance and covering all
persons providing services on behalf of the
Consultant and all risks to such persons under
this Agreement. (Not needed if Self- employed
with no employees.)
(iv) Errors and omissions liability insurance
appropriate to the Consultant's profession.
(b) Minimum Limits of Insurance. Consultant shall
maintain limits of insurance no less than:
(i) General Liability: $1,000,000 per occurrence for
bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form
with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the
activities related to this Agreement or the general
aggregate limit shall be twice the required occurrence
limit.
(ii) Automobile Liability: Including owned, non -
owned and hired vehicles for bodily injury and
property damage with (See cover letter (page
1) for actual dollar level Requirements):
❑ At least $1,000,000 per occurrence.
❑ $100,000 - $300,000 per occurrence.
❑ As required by State Statutes. A copy
of your current policy must be submitted
naming yourself and or your company.
(iii) Workers' Compensation and Employer's
Liability: Workers' Compensation as required
by the Labor Code of the State of California
and Employers Liability limits of $1,000,000 per
accident.
(iv) Errors and Omissions or Malpractice or
Professional Liability: At least $1,000,000
per occurrence.
B. Other Provisions. Insurance policies required by this
Agreement shall contain the following provisions:
(a) All Policies. Each insurance policy required by this
paragraph 15 shall be endorsed and state the coverage shall
not be suspended, voided, canceled by the insurer or either
party to this Agreement, reduced in coverage or in limits
except after 30 days' prior written notice by Certified mail,
return receipt requested, has been given to the City.
(b) General Liability and Automobile Liability
Coverages.
(i) City, its officers, officials, and employees and
volunteers are to be covered as additional insureds as
respects: liability arising out of activities Consultant
performs, products and completed operations of
Consultant; premises owned, occupied or used by
Consultant, or automobiles owned, leased or hired or
borrowed by Consultant. The coverage shall contain
no special limitations on the scope of protection
afforded to City, its officers, officials, or employees.
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(ii) Consultant's insurance coverage shall be
primary insurance as respect to City, its officers,
officials, employees and volunteers. Any insurance or
self insurance maintained by City, its officers, officials,
employees or volunteers shall apply in excess of, and
not contribute with, Consultant's insurance.
(iii) Consultant's insurance shall apply separately
to each insured against whom claim is made or suit is
brought, except with respect to the limits of the
insurer's liability.
(v) Any failure to comply with the reporting or other
provisions of the policies including breaches of
warranties shall not affect coverage provided to
the City, its officers, officials, employees or
volunteers.
(c) Workers' Compensation and Employer's Liability
Coverage. Unless the City Manager otherwise agrees in
writing, the insurer shall agree to waive all rights of
subrogation against City, its officers, officials, employees
and agents for losses arising from work performed by
Consultant for City.
C. Other Requirements. Consultant agrees to deposit with
City, at or before the effective date of this contract,
certificates of insurance necessary to satisfy City that the
insurance provisions of this contract have been complied
with. The City Attorney may require that Consultant furnish
City with copies of original endorsements effecting coverage
required by this Section. The certificates and endorsements
are to be signed by a person authorized by that insurer to
bind coverage on its behalf. City reserves the right to
inspect complete, certified copies of all required insurance
policies, at any time.
(a) Consultant shall furnish certificates and
endorsements from each subcontractor identical to those
Consultant provides.
(b) Any deductibles or self- insured retentions must be
declared to and approved by City. At the option of the City,
either the insurer shall reduce or eliminate such deductibles
or self- insured retentions as respects the City, its officers,
officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and
claims.
(c) The procuring of such required policy or policies of
insurance shall not be construed to limit Consultant's liability
hereunder nor to fulfill the indemnification provisions and
requirements of this Agreement.
16. ENTIRE AGREEMENT. This Agreement is the complete, final,
entire and exclusive expression of the Agreement between the parties
hereto and supersedes any and all other agreements, either oral or in
writing, between the parties with respect to the subject matter herein.
Each party to this Agreement acknowledges that no representations by
any party which are not embodied herein and that no other agreement,
statement, or promise not contained in this Agreement shall be valid and
binding.
17. GOVERNING LAW. The City and Consultant understand and
agree that the laws of the State of California shall govern the rights,
obligations, duties and liabilities of the parties to this Agreement and also
govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the Los Angeles County Superior Court.
18. ASSIGNMENT OR SUBSTITUTION. City has an interest in the
qualifications of and capability of the persons and entities who will fulfill
the duties and obligations imposed upon Consultant by this Agreement. In
recognition of that interest, neither any complete nor partial assignment of
this Agreement may be made by Consultant nor changed, substituted for,
deleted, or added to without the prior written consent of City. Any
attempted assignment or substitution shall be ineffective, null, and void,
and constitute a material breach of this Agreement entitling City to any
and all remedies at law or in equity, including summary termination of this
Agreement.
18. MODIFICATION OF AGREEMENT. The terms of this Agreement
can only be modified in writing approved by the City Council and the
Consultant. The parties agree that this requirement for written
modifications cannot be waived and any attempted waiver shall be void.
20. AUTHORITY TO EXECUTE. The person or persons executing this
Agreement on behalf of Consultant warrants and represents that
he /she /they has /have the authority to execute this Agreement on behalf of
his /her /their corporation and warrants and represents that he /she /they
has /have the authority to bind Consultant to the performance of its
obligations hereunder.
21. NOTICES. Notices shall be given pursuant to this Agreement by
personal service on the party to be notified, or by written notice upon such
party deposited in the custody of the United States Postal Service
addressed as follows:
City:
Jack Wayt
City of El Segundo
350 Main Street
El Segundo, California 90245 -3895
Telephone (310) 524 -2301
Facsimile (310) 322 -7137
Consultant:
Gerry Warburg
Cassidy & Associates
700 Thirteenth Street N.W., Suite 400
Washington D.C. 20005 -5917
The notices shall be deemed to have been given as of the date of
personal service, or three (3) days after the date of deposit of the same in
the custody of the United States Postal Service.
22. SEVERABILITY. The invalidity in whole or in part of any provision
of this Agreement shall not void or affect the validity of the other provisions
of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first above written.
Company Name: Cassidy & Associates
M
Title
CITY OF EL SEGUNDO
Mayor
ATTEST:
Cindy Mortesen
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley
City Attorney
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CASSIDY & ASSOCIATES
700 Thirteenth Street, NW, Suite 400
Washington, DC 20005
MEMORANDUM
TO: Mayor Kelly McDowell
Members of the City Council
City of El Segundo
FROM: Gerry Warburg and Christine O'Connor
Cassidy & Associates
DATE: September 22, 2009
RE: Work on behalf of City of El Segundo in Washington
INTRODUCTION
Thank you for the privilege of working on behalf of your community as federal government
relations advocates for the City of El Segundo in Washington D.C. This memorandum serves to
briefly summarize past, present and future work plans, including results and goals. We welcome
the opportunity to address any questions or suggestions members of the City Council or staff
may have. We look forward to the continued opportunity to serve the taxpayers and citizens of
El Segundo in the year ahead.
PAST ACCOMPLISHMENTS
Our work in Washington has focused on a series of infrastructure and funding issues crucial to El
Segundo citizens. Some have been primarily regulatory and policy in nature —such as the
continued struggle to shape city, state and federal policy towards the proposed renovation and
expansion of Los Angeles International Airport, or the effort to discourage the Pentagon and the
Base Closure Commission from acting to shut Los Angeles Air Force Base. Others have been
primarily budget opportunities, such as our successful efforts to persuade and assist our
congressional delegation to secure federal funds totaling nearly $10 million for El Segundo,
funds available in a highly competitive process of lobbying for earmarks for infrastructure
improvements. To date, these include:
$3,350,000 for Douglas Street Gap Closure
$865,000 for Smoky Hollow sewage renovation
$5,200,000 for the South Bay Corridor Transportation Improvement Project
$750,000 for the Park Place Extension
Here, we have advanced successful City efforts to secure funds for projects as diverse as the
Douglas Street Gap Closure or the Smoky Hollow sewage renovation. We have succeeded in
helping the City win numerous funding grants to support such projects, while ensuring bipartisan
support, sympathy and understanding for the challenges confronting our City officials.
CURRENT EFFORTS
Earlier this year, we submitted three projects to Congresswoman Harman's office for
consideration in the FY 10 appropriations cycle -- $2,500,000 for the Arterial Streets
Rehabilitation Project, $1,000,000 for Energy Savings Projects at City Hall and Fire Station No.
2, and $2,260,315 for the Institutional Network. After discussions with her office, it was decided
the best opportunity for securing increased funding for the City of El Segundo this calendar year
would be in the reauthorization of the so called "SAFETEA" or highway bill.
Therefore, we submitted and documented a detailed $5,000,000 request to the Transportation
Reauthorization bill (reauthorization of SAFETEA) for the Park Place Extension. These funds
would be dedicated in El Segundo primarily for the completion of the Park Place Extension. In
FY 2008, we were able to secure an initial $750,000 in federal funding toward this project.
The House of Representative is eager to enact the highway bill before the end of the calendar
year, while some in the Senate would rather enact a short extension and complete reauthorization
next calendar year. While Congress has just returned from the August Recess, with health care,
climate change and annual appropriations bills all in must pass istuations, it is still not
completely clear what the exact timeline for reauthorizing this essential highway bill legislation
will be.
LOOKING FORWARD
We have begun discussions about funding opportunities for FY 11 with Mayor McDowell and
City staff. Among projects currently under consideration are: Smoky Hollow, various energy
savings projects, Institutional Network, Arterial Streets Rehabilitation, and last pieces of the Park
Place Extension. There may be considerable opportunities for funding these projects in Interior
and Environment Appropriations bill, Commerce, Justice, and Science Appropriations bill,
Transportation, Housing and Urban Development Appropriations bill, and Homeland Security
Appropriations bill.
We will continue to work with Mayor McDowell and City staff to prioritize and update these
projects in the coming weeks for FY 11 consideration.
CONCLUSION
We appreciate the confidence placed in us by City staff and officials. We welcome the spirit of
teamwork and candor that mark both our brainstorming sessions and our systematic, cooperative
follow through. We look forward to continued success working together to advance your public
interests in the twelve months ahead.
Rehabilitation Project, $1,000,000 for Energy Savings Projects at City Hall and Fire Station No.
2, and $2,260,315 for the city's fiber optic network (I -Net). After discussions with her office, it
was decided the best opportunity for securing increased funding for the City this calendar year
would be in the reauthorization of the so called "SAFETEA" or highway bill. Consequently,
Cassidy submitted and documented a detailed $5,000,000 request to the Transportation
Reauthorization bill (reauthorization of SAFETEA) for the Park Place Extension. If
appropriated, these funds would be dedicated primarily for the construction of the Park Place
Extension and augment the initial $750,000 in federal funding secured toward this project.
Looking forward to the federal FY 2011 work program, Cassidy will be assessing funding
opportunities for various energy savings projects, the city's I -Net, arterial streets rehabilitation,
and additional funding for the Park Place Extension. Cassidy speculates there may be
opportunities for funding these projects in Interior and Environment Appropriations bill,
Commerce, Justice, and Science Appropriations bill, Transportation, Housing and Urban
Development Appropriations bill, and Homeland Security Appropriations bill.
Therefore, it is recommended that City Council (1) approve an agreement with Cassidy &
Associates for federal legislative advocacy services for a monthly retainer of $13,333 or
$160,000 annually; (2) approve the federal advocacy work plan as outlined in Cassidy &
Associates Memorandum of September 22, 2009; and (3) instruct the City Manager, affected
departments, and Cassidy & Associates to work with congressional members, their staff and
local government associations to pursue the City's federal funding and program objectives.
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EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to extend the City's agreement with MWW Group
through September 30, 2010, for consultant and advocacy services related to the City's
interests and efforts concerning Los Angeles International Airport. (Fiscal Impact:
$87,000)
RECOMMENDED COUNCIL ACTION:
1. Authorize the Mayor to execute the attached agreement with the MWW Group;
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Agreement between MWW Group and the City of El Segundo
2. MWW Group memorandum outlining proposed work plan for FY 2009 -2010
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $87,000
Additional Appropriation: N/A
Account Number(s): 01- 400 - 2901 -6406
ORIGINATED BY: Bill Crowe, Assistant City Manager
REVIEWED BY:
APPROVED BY: Jack Wayt, City
BACKGROUND AND DISCUSSION:
The City's current agreement with the MWW Group expired on October 1, 2009. Over recent
years, the MWW Group has served as an advisor and advocate for the City regarding issues
relating to Los Angeles World Airports (LAWA) and Los Angeles International Airport (LAX).
MWW Group has worked with elected and appointed officials of the City of Los Angeles
advocating El Segundo's position with regard to the implementation of the Settlement
Agreement with LAWA and safety and operational improvements to the north airfield complex.
It is clear that significant work remains to ensure development and implementation of a balanced
airfield plan, which does not over rely upon the capacity of the southern runways. During the
coming year, MWW Group also proposes to work with all parties on addressing concerns over
runway selection and early turns on the South Airfield, as well as, to continue advocating that the
City of Los Angeles make good on its commitments to "regionalize" air service at its Ontario
Airport. Additionally, MWW Group has offered to represent the City's transportation interests as
they relate to the Green Line extension, Crenshaw Transit Corridor and Harbor Subdivision
projects.
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Staff is recommending an extension of the current agreement at a funding level of $87,000; a
reduction of $9,000 from FY 2008 -2009.
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this 6th day of October, 2009,
between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter
referred to as "City" and MWW Group hereinafter referred to as "Consultant ".
This Agreement shall be in full force and effect through September 30, 2010,
unless extended by mutual agreement of City and Consultant. In consideration
of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. SCOPE OF SERVICES. Consultant agrees to perform the services
set forth in Exhibit "A" "SCOPE OF SERVICES" and made a part hereof.
Consultant represents and warrants that it has the qualifications,
experience and facilities to properly perform said services in a thorough,
competent and professional manner and shall, at all times during the term
of this Agreement, have in full force and effect, all licenses required of it by
law, including, but not limited to, a valid El Segundo Business License.
Consultants shall begin its services under this Agreement on October 1,
2008. Consultant shall complete each of the services set forth in Exhibit A
to the City's satisfaction. If the City is not satisfied with any such services,
the Consultant shall work on such matter until the City approves of the
service. Further, Consultant shall complete the services set forth in Exhibit
A strictly according to the schedule provided therein.
Additionally, Consultant shall provide the services specified in Exhibit A in
compliance with the following conditions: All work performed by
Consultant shall be directed through the City Manager or designee; all
work requested of Consultant by the City shall be directed by the City
Manager or designee; consultant shall submit periodic reports of work
product and progress on stated goals outlined in Exhibit A to the City
Manager not less frequently than once each month.
2. STATUS OF CONSULTANT. Consultant is and shall at all times
remain as to the City a wholly independent contractor. The personnel
performing the services under this Agreement on behalf of Consultant
shall at all times be under Consultant's exclusive direction and control.
Neither City nor any of its officers, employees or agents shall have control
over the conduct of Consultant or any of Consultant's officers, employees
or agents, except as set forth in this Agreement. Consultant shall not at
any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of
the City. Consultant shall not incur or have the power to incur any debt,
obligation or liability whatever against City, or bind City in any manner.
Consultant shall not disseminate any information or reports gathered or
created pursuant to this Agreement without the prior written approval of
City except information or reports required by government agencies to
enable Consultant to perform its duties under this Agreement.
3. CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS.
Consultant shall keep itself informed of applicable local, state and federal
laws and regulations which may affect those employed by it or in any way
affect the performance of its services pursuant to this Agreement.
Consultant shall observe and comply with all such laws and regulations
affecting its employees. City and its officers and employees, shall not be
liable at law or in equity as a result of any failure of Consultant to comply
with this section. Without limiting the foregoing, Consultant shall not
expend any funds in violation of: California Constitution, Article 16, Section
6; Government Code, Section 81000 et. seq. ( "Political Reform Act "); or
any other federal or state law governing the expenditure of public funds.
Consultant shall be solely responsible for submittal of all documents,
forms and other information that may be required by all applicable
agencies as a result Contractor's performing the services specified in this
Agreement.
4. PERSONNEL. Consultant shall make every reasonable effort to
maintain the stability and continuity of Consultant's staff assigned to
perform the services hereunder and shall obtain the approval of the City
Manager of all proposed staff members performing services under this
Agreement prior to any such performance.
5. COMPENSATION AND METHOD OF PAYMENT. Compensation
to the Consultant shall be paid as a fixed monthly retainer not to exceed
seven thousand two hundred and fifty dollars ($7,250) per month.
Payments shall be made in approximately thirty (30) days after receipt of
each invoice as to all non - disputed fees. If the City disputes any of
consultant's fees it shall give written notice to Consultant in 30 days of
receipt of an invoice of any disputed fees set forth on the invoice.
6. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not
be compensated for any services rendered in connection with its
performance of this Agreement which are in addition to those set forth
herein or listed in Exhibit "A ", unless such additional services are
authorized in advance and in writing by the City Manager. Consultant
shall be compensated for any additional services in the amounts and in
the manner as agreed to by City Manager and Consultant at the time
City's written authorization is given to Consultant for the performance of
said services.
7. ASSIGNMENT. All services required hereunder shall be performed
by Consultant, its employees or personnel under direct contract with
4.. V
Consultant. Consultant shall not assign to any subcontractor the
performance of this Agreement, nor any part thereof, nor any monies due
hereunder, without the prior written consent of City Manager.
8. FACILITIES AND RECORDS. City agrees to provide: suitably
equipped and furnished office space, public counter, telephone, and use
of copying equipment and necessary office supplies for Consultant's on-
site staff, if any. Consultant shall maintain complete and accurate records
with respect to sales, costs, expenses, receipts and other such information
required by City that relate to the performance of services under this
Agreement. Consultant shall maintain adequate records of services
provided in sufficient detail to permit an evaluation of services. All such
records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible.
Consultant shall provide free access to the representatives of City or its
designees at reasonable times to such books and records, shall give City
the right to examine and audit said books and records, shall permit City to
make transcripts therefrom as necessary, and shall allow inspection of all
work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
9. TERMINATION OF AGREEMENT. This Agreement shall expire on
September 30, 2010, unless extended by mutual agreement of City and
Consultant. The City upon 30 days written notice or 120 days by
contractor written notice may terminate with or without cause this
Agreement. In the event of such termination, Consultant shall be
compensated for non - disputed fees under the terms of this Agreement up
to the date of termination.
10. COOPERATION BY CITY. All public information, data, reports,
records, and maps as are existing and available to City as public records,
and which are necessary for carrying out the work as outlined in the
Scope of Services, shall be furnished to Consultant in every reasonable
way to facilitate, without undue delay, the work to be performed under this
Agreement.
11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of,
or in the event of termination, suspension or abandonment of, this
Agreement, all original maps, models, designs, drawings, photographs,
studies, surveys, reports, data, notes, computer files, files and other
documents prepared in the course of providing the services to be
performed pursuant to this Agreement shall, become the sole property of
City. With respect to computer files, Consultant shall make available to
the City, upon reasonable written request by the City, the necessary
4,. -,
computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
12. RELEASE OF INFORMATION /CONFLICTS OF INTEREST.
A. All information gained by Consultant in performance of this
Agreement shall be considered confidential and shall not be released by
Consultant without City's prior written authorization excepting that
information which is a public record and subject to disclosure pursuant to
the California Public Records Act, Government Code. 6250, et se g.
Consultant, its officers, employees, agents or subcontractors, shall not
without written authorization from the City Manager or unless requested by
the City Attorney, voluntarily provide declarations, letters of support,
testimony at depositions, response to interrogatories or other information
concerning the work performed under this Agreement or relating to any
project or property located within the City. Response to a subpoena or
court order shall not be considered "voluntary" provided Consultant gives
City notice of such court order or subpoena.
If Consultant or any of its officers, employees, consultants or
subcontractors does voluntarily provide information in violation of this
Agreement, City has the right to reimbursement and indemnity from
Consultant for any damages caused by Consultant's conduct, including
the City's attorney's fees.
Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons,
complaint, subpoena, notice of deposition, request for documents,
interrogatories, request for admissions or other discovery request, court
order or subpoena from any party regarding this Agreement and the work
performed thereunder or with respect to any project or property located
within the City. City retains the right, but has no obligation, to represent
Consultant and /or be present at any deposition, hearing or similar
proceeding. Consultant agrees to cooperate fully with City and to provide
City with the opportunity to review any response to discovery requests
provided by Consultant. However, City's right to review any such
response does not imply or mean the right by City to control, direct, or
rewrite said response.
B. Consultant covenants that neither they nor any officer or
principal of their firm has any interest in, or shall they acquire
any interest, directly or indirectly which will conflict in any
manner or degree with the performance of their services
hereunder. Consultant further covenants that in the
performance of this Agreement, no person having such
interest shall be employed by them as an officer, employee,
agent, or subcontractor without the express written consent
of the City Manager.
X4-8
13. DEFAULT. In the event that Consultant is in default of any
provision of this Agreement, City shall have no obligation or duty to
continue compensating Consultant for any work performed after the date
of default and can terminate this Agreement immediately by written notice
to the Consultant.
14. INDEMNIFICATION. Consultant agrees to the following:
A. Indemnification for Professional Services. Consultant will save
harmless and indemnify, including, without limitation, City's defense costs
(including reasonable attorney's fees), from and against any and all suits,
actions, or claims, of any character whatever, brought for, or on account
of, any injuries or damages sustained by any person or property resulting
or arising from any negligent or wrongful act, error or omission by
Consultant or any of Consultant's officers, agents, employees, or
representatives, in the performance of this Agreement.
B. Indemnification for other Damages. Consultant 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 this Agreement, or its performance. 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, Consultant will defend City (at City's request and with
counsel satisfactory to City) and will indemnify CITY for any judgment
rendered against it or any sums paid out in settlement or otherwise.
C. For purposes of this section "City" includes City's officers, officials,
employees, agents, representatives, and certified volunteers.
D. It is expressly understood and agreed that the foregoing provisions
will survive termination of this Agreement.
E. The requirements as to the types and limits of insurance coverage
to be maintained by Consultant as required by this Agreement, and any
approval of said insurance by City, are not intended to and will not in any
manner limit or qualify the liabilities and obligations otherwise assumed by
Consultant pursuant to this Agreement, including, without limitation, to the
provisions concerning indemnification.
F. Consultant represents it is skilled in the professional calling
necessary to perform the services and duties agreed to hereunder by
Consultant, and City relies upon the skills and knowledge of Consultant.
Consultant shall perform such services and duties consistent with the
standards generally recognized as being employed by professionals
performing similar service in the State of California.
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G. Consultant is an independent contractor and shall have no authority
to bind City nor to create or incur any obligation on behalf of or liability
against City, whether by contract or otherwise, unless such authority is
expressly conferred under this agreement or is otherwise expressly
conferred in writing by City.
CONSULTANT HAS READ THIS SECTION 14 IN ITS ENTIRETY
AND KNOWINGLY AND WILLINGLY ACCEPTS THE
OBLIGATIONS CONTAINED HEREIN.
15. INSURANCE.
A. Insurance Requirements. Consultant shall provide and
maintain insurance acceptable to the City Attorney in full force and effect
throughout the term of this Agreement, against claims for injuries to
persons or damages to property which may arise from or in connection
with the performance of the work hereunder by Consultant, its agents,
representatives or employees. Insurance is to be placed with insurers
with a current A.M. Best's rating of no less than A:VII. Consultant shall
provide the following scope and limits of insurance:
(a) Minimum Scope of Insurance. Coverage shall be at
least as broad as:
(i) Insurance Services Office form Commercial
General Liability coverage (Occurrence Form
CG 0001).
(ii) Insurance Services Office form number CA
0001 (Ed. 1/87) covering Automobile Liability,
including code 1 "any auto" and endorsement
CA 0025, or equivalent forms subject to the
written approval of the City.
(iii) Workers' Compensation insurance as required
by the Labor Code of State of California and
Employer's Liability insurance and covering all
persons providing services on behalf of the
Consultant and all risks to such persons under
this Agreement. (Not needed if Self- employed
with no employees.)
(iv) Errors and omissions liability insurance
appropriate to the Consultant's profession.
(b) Minimum Limits of Insurance. Consultant shall
maintain limits of insurance no less than:
(i) General Liability: $1,000,000 per occurrence for
bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form
with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the
activities related to this Agreement or the general
aggregate limit shall be twice the required occurrence
limit.
(ii) Automobile Liability: Including owned, non -
owned and hired vehicles for bodily injury and
property damage with (See cover letter (page
1) for actual dollar level Requirements):
❑ At least $1,000,000 per occurrence.
❑ $100,000 - $300,000 per occurrence.
❑ As required by State Statutes. A copy
of your current policy must be submitted
naming yourself and or your company.
(iii) Workers' Compensation and Employer's
Liability: Workers' Compensation as required
by the Labor Code of the State of California
and Employers Liability limits of $1,000,000 per
accident.
(iv) Errors and Omissions or Malpractice or
Professional Liability: At least $1,000,000
per occurrence.
B. Other Provisions. Insurance policies required by this
Agreement shall contain the following provisions:
(a) All Policies. Each insurance policy required by this
paragraph 15 shall be endorsed and state the coverage shall
not be suspended, voided, canceled by the insurer or either
party to this Agreement, reduced in coverage or in limits
except after 30 days' prior written notice by Certified mail,
return receipt requested, has been given to the City.
(b) General Liability and Automobile Liability
Coverages.
(i) City, its officers, officials, and employees and
volunteers are to be covered as additional insureds as
respects: liability arising out of activities Consultant
performs, products and completed operations of
Consultant; premises owned, occupied or used by
Consultant, or automobiles owned, leased or hired or
borrowed by Consultant. The coverage shall contain
no special limitations on the scope of protection
afforded to City, its officers, officials, or employees.
(ii) Consultant's insurance coverage shall be
primary insurance as respect to City, its officers,
officials, employees and volunteers. Any insurance or
self insurance maintained by City, its officers, officials,
employees or volunteers shall apply in excess of, and
not contribute with, Consultant's insurance.
(iii) Consultant's insurance shall apply separately
to each insured against whom claim is made or suit is
brought, except with respect to the limits of the
insurer's liability.
(v) Any failure to comply with the reporting or other
provisions of the policies including breaches of
warranties shall not affect coverage provided to
the City, its officers, officials, employees or
volunteers.
(c) Workers' Compensation and Employer's Liability
Coverage. Unless the City Manager otherwise agrees in
writing, the insurer shall agree to waive all rights of
subrogation against City, its officers, officials, employees
and agents for losses arising from work performed by
Consultant for City.
C. Other Requirements. Consultant agrees to deposit with
City, at or before the effective date of this contract,
certificates of insurance necessary to satisfy City that the
insurance provisions of this contract have been complied
with. The City Attorney may require that Consultant furnish
City with copies of original endorsements effecting coverage
required by this Section. The certificates and endorsements
are to be signed by a person authorized by that insurer to
bind coverage on its behalf. City reserves the right to
inspect complete, certified copies of all required insurance
policies, at any time.
(a) Consultant shall furnish certificates and
endorsements from each subcontractor identical to those
Consultant provides.
(b) Any deductibles or self- insured retentions must be
declared to and approved by City. At the option of the City,
either the insurer shall reduce or eliminate such deductibles
or self- insured retentions as respects the City, its officers,
officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and
claims.
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(c) The procuring of such required policy or policies of
insurance shall not be construed to limit Consultant's liability
hereunder nor to fulfill the indemnification provisions and
requirements of this Agreement.
16. ENTIRE AGREEMENT. This Agreement is the complete, final,
entire and exclusive expression of the Agreement between the parties
hereto and supersedes any and all other agreements, either oral or in
writing, between the parties with respect to the subject matter herein.
Each party to this Agreement acknowledges that no representations by
any party which are not embodied herein and that no other agreement,
statement, or promise not contained in this Agreement shall be valid and
binding.
17. GOVERNING LAW. The City and Consultant understand and
agree that the laws of the State of California shall govern the rights,
obligations, duties and liabilities of the parties to this Agreement and also
govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the Los Angeles County Superior Court.
18. ASSIGNMENT OR SUBSTITUTION. City has an interest in the
qualifications of and capability of the persons and entities who will fulfill
the duties and obligations imposed upon Consultant by this Agreement. In
recognition of that interest, neither any complete nor partial assignment of
this Agreement may be made by Consultant nor changed, substituted for,
deleted, or added to without the prior written consent of City. Any
attempted assignment or substitution shall be ineffective, null, and void,
and constitute a material breach of this Agreement entitling City to any
and all remedies at law or in equity, including summary termination of this
Agreement.
18. MODIFICATION OF AGREEMENT. The terms of this Agreement
can only be modified in writing approved by the City Council and the
Consultant. The parties agree that this requirement for written
modifications cannot be waived and any attempted waiver shall be void.
20. AUTHORITY TO EXECUTE. The person or persons executing this
Agreement on behalf of Consultant warrants and represents that
he /she /they has /have the authority to execute this Agreement on behalf of
his /her /their corporation and warrants and represents that he /she /they
has /have the authority to bind Consultant to the performance of its
obligations hereunder.
21. NOTICES. Notices shall be given pursuant to this Agreement by
personal service on the party to be notified, or by written notice upon such
�..JJ
party deposited in the custody of the United States Postal Service
addressed as follows:
Cam:
Jack Wayt
City of El Segundo
350 Main Street
El Segundo, California 90245 -3895
Telephone (310) 524 -2301
Facsimile (310) 322 -7137
Consultant:
Coby King
MWW Group
660 South Figueroa Street, Suite 1400
Los Angeles, CA 90017
Telephone (213) 486 -6560
Facsimile (213) 486 -6501
The notices shall be deemed to have been given as of the date of
personal service, or three (3) days after the date of deposit of the same in
the custody of the United States Postal Service.
22. SEVERABILITY. The invalidity in whole or in part of any provision
of this Agreement shall not void or affect the validity of the other provisions
of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first above written.
Company Name: MWW Group
am
Title
CITY OF EL SEGUNDO
Mayor
ATTEST:
Cindy Mortesen
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley
City Attorney
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" i`�11 � .. s � 0 J �w
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MEMORANDUM
September 24, 2009
To: Jack Wayt
City Manager
Fm: Coby King
Senior Vice President & General Manager /Los Angeles
uF. rnnr;nnerl puhlle Affairs Work on LAX Issues
MWW Group is pleased to continue to serve as advisor to the City of El Segundo (the City or El
Segundo) on issues relating to Los Angeles World Airports (LAWA) and Los Angeles International
airport (LAX).
With South Airfield issues mostly resolved, it is in the City's interest to remain actively engaged on
North Airfield issues, in particular how and when improvements to the Northside are planned and
implemented. Special attention needs to be paid to the dynamic between improvements that
address the legitimate safety issues which exist on the Northside, and LAWA's desire to make
improvements to fully accommodate the New Large Aircraft which are now operating at LAX.
It is our belief that while safety -only improvements can be implemented relatively quickly, efforts
by LAWA to implement broader improvements will be met with fierce resistance by both the
Westchester residential and business communities, and will be delayed for a long period of time.
It is in the city's interest that any improvements on the Northside be made as quickly as possible.
Additionally, as airport improvements are implemented, it is important to keep the channels of
communication open with LAWA as to any possible impacts on El Segundo and its residents. I will
continue to be a leading part of this dialogue between El Segundo and LAWA on resolving LAX
operational issues. We will continue to work with all parties to attempt to resolve concerns over
runway selection and early turns on the South Airfield.
We will continue to serve as El Segundo's representative to LAWA and City of Los Angeles officials
on all matters concerning LAX and its future. We are also working with appropriate offices of the
Los Angeles County Board of Supervisors. We will also continue to attend all meetings of the
Specific Plan Advisory Committee as well as the myriad of other meetings that are held concerning
LAX issues.
We also realize the importance of continuing to push the City of Los Angeles to "make good" on its
commitments to regionalize air service at its Ontario Airport as well as to push other
municipalities to do their part in meeting regional aviation demand as well. We will continue to be
an advocate for El Segundo in this regard. To this end, we will continue to help coordinate and
actively participate in the regular regionalization meetings between LAWA and the "Petitioners"
660 South Figueroa Street, Suite 1400 Los Angeles, CA 90017 T. 213.486.6560 F. 213.486,6501
www.mww,r.on)
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from the settlement. We are also working with the City of Palmdale in connection with their
takeover of Palmdale Airport.
In addition, we are pleased to be able to bring our expertise in transportation issues to the Green
Line extension and the proposed Crenshaw Transit Corridor, as well as the Harbor Subdivision. As
these issues directly relate to LAX ground transportation issues, including the proposed LAX
People Mover, we see this as well within our scope.
Please let me know if you have any questions. Thank you.
d I . ) "
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EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to amend the City's agreement with Shute, Mihaly &
Weinberger, for legal services to the City of El Segundo in connection with Los Angeles
International Airport. (Fiscal Impact: $125,000)
RECOMMENDED COUNCIL ACTION:
1. Authorize the Mayor to execute an amendment to Contract No. 3649 with Shute,
Mihaly & Weinberger, in a form approved by the City Attorney;
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Contract agreement between Shute, Mihaly & Weinberger and the City of El Segundo
FISCAL IMPACT: Budget Adjustment Required
Amount Budgeted: $43,000
Additional Appropriation: Yes $82,000
Account Number(s): 01- 400 - 2901 -6406
ORIGINATED BY: Bill Crowe, Assistant City Manager
REVIEWED BY:
APPROVED BY: Jack Wayt, City
BACKGROUND AND DISCUSSION:
Since 1999, the City of El Segundo has utilized the legal services of Shute, Mihaly &
Weinberger in connection with Los Angeles International Airport (LAX). The expertise and
services of Shute, Mihaly & Weinberger were instrumental in achieving the landmark Settlement
Agreement with LAWA, and the firm remains a key resource in representing El Segundo's on-
going interests in connection with LAX.
While expenses for airport related legal services have run on average less than $150,000 over the
past three years, Shute, Mihaly & Weinberger projects a 10 -15% reduction expenditures during
FY 2009 -2010. To accomplish this, Shute, Mihaly & Weinberger will voluntarily reduce its rate
by approximately 11% effective October 1, 2009. Additionally, they will continue to find
opportunities to streamline and limit their activities on behalf of the City.
Primary activities for Shute, Mihaly & Weinberger in the coming fiscal year are: (1) Represent
El Segundo in Caltrans variance proceeding for LAX; (2) Assist El Segundo with its efforts to
improve compliance with LAX preferential runway policy and address problem of early turns;
(3) Monitor and advise regarding LAX Master Plan implementation (major projects include
14
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TBIT expansion, Midfield Satellite Concourse, Crossfield Taxiway Project, Specific Plan
Advisory Study Process, North Airfield, Consolidated Rental Car Facility) and prepare comment
letters and take other actions as directed; (4) Monitor and advise regarding LAWA compliance
with Settlement Agreement (including continued gate monitoring approximately once each year);
(5) Assist El Segundo staff with LAWA grant funding process for residential sound insulation;
and (6) Monitor and advise regarding LAWA's air pollution apportionment study.
Staff is recommending the City Council authorize an amendment to Contract No. 3649 at a
funding level of $125,000, and appropriate an additional $82,000 from unappropriated reserves
to augment the $43,000 account balance.
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SHUTE, MIHALY & WEINBERGER LLP
ATTORNEYS AT LAW
E. CLEMENT SHUTE, JR. -
MARK I. WEINBERGER (19462005)
FRAN M. LAYTON
RACHEL B. HOOPER
ELLEN J. GARBER
TAMARA 5. GALANTER
ELLISON FOLK
RICHARD S. TAYLOR
WILLIAM J. WHITE
ROBERT S. PERLMUTTER
OSA L. WOLFF
MATTHEW D. ZINN
CATHERINE C. ENGBERG
AMY J. BRICKER
'SENIOR COUNSEL
Jeff Stewart, City Manager
City of El Segundo
350 Main Street
El Segundo, CA 90245
Dear Jeff,
396 HAYES STREET
SAN FRANCISCO, CALIFORNIA 94 1 02
TELEPHONE: (4 1 5) 552 -7272
FACSIMILE: (4 1 5) 552-58 1 6
WWW. SMWLAW. COM
August 1, 2006
Re: Legal Retainer Agreement
3649,
GABRIEL M.B. ROSS
DEBORAH L. KEETH
WINTER KING
KEVIN P. BUNDY
ANDREA RUIZ—ESOUIDE
SHERIDAN J. PAUKER
LAUREL L. IMPETT, AICP
CARMEN J. BORG, AICP
URBAN PLANNERS
DAVID NAWI
ANDREW W. SCHWARTZ
OF COUNSEL
This letter sets forth the terms under which Shute, Mihaly & Weinberger LLP
( "Firm ") will continue to provide legal services to the City of El Segundo ( "Client ") in
connection with the Los Angeles International Airport ( "LAX "). If you agree to the terms of
this retainer agreement ( "Agreement "), please sign one copy of this letter and return it to me at
your earliest convenience. The second copy of this letter is for your files.
1. Legal Services to Be Provided
The Firm has been retained to provide the following legal services: represent and
advise Client with respect to administrative and planning processes for the ongoing operation of
and proposed modifications to LAX. The Firm is not being retained for litigation at this time.
2. Legal Fees, Costs and Billing Practices
The Firm's hourly billing rates for these services will be as follows:
Partner /Senior Counsel
$ 395
Jr. Partner
$ 325
Sr. Associate
$ 250
Jr. Associate /Fellow
$ 225
Planner
$ 200
Assoc. Planner
$ 175
Law Clerk
$ 100
Ir
is
,1649 y
o .
Clem Shute is a Senior Counsel with the Firm, Robert Perlmutter is a Parter and I
am currently a Jr. Partner. Our time will we be billed at the corresponding rates on the above
list. Other more junior members of the Firm will be billed at rates corresponding to their
position at the Firm. In the event any other attorneys at the Firm begin billing on this matter at
the Partner, Senior Counsel or Junior Partner rates on the above list, the Firm will notify Client
in writing.
Fees will be charged in increments of one -tenth of an hour. Travel time will be
billed at rates one half of those listed on the above schedule. The hourly rates on the above
schedule may be changed by the Firm on written notice to Client. These rates are subject to
reasonable increases, and we anticipate reviewing and updating our rates on an annual basis. At
your request, we have agreed that we will not increase our rates until January 2008. If Client
declines to pay for the Firm's services at any increased rates, the Firm will have the right to
withdraw as Client's attorneys. The Firm has errors and omission insurance coverage applicable
to the services being provided under this Agreement.
Client will also reimburse Firm for costs incurred in the course of representation,
including fees fixed by law or assessed by public agencies, long- distance telephone, facsimile,
messenger services, postage, photocopying, and charges for electronic legal research time. The
Firm will provide detailed monthly billing statements for fees and costs incurred. Client agrees
to pay the Firm's billed costs and fees within thirty (30) days of billing.
3. Authorized Representative of Client
Client designates Kelly McDowell, Mayor of the City of El Segundo, as the
authorized representative to direct the Firm and to be the primary person to communicate with
the Firm regarding the subject matter of this Agreement. This designation is intended to
establish a clear line of authority and to minimize potential uncertainty, but not to preclude
communication between the Firm and other representatives of Client. Unless directed otherwise
by Client, all correspondence and bills will be directed to the City Manager.
4. Discharge and Withdrawal
Client may discharge the Firm at any time by providing written notice to the Firm,
which is effective upon receipt by the Firm. In the event of such discharge, if the Firm is
Client's attorney of record in any proceeding, the Firm will promptly provide Client with a
substitution of attorney form. Client will execute and return the substitution of attorney form
immediately upon receipt from the Firm.
The Firm may withdraw at any time as permitted under the Rules of Professional
Conduct of the State Bar of California. A valid reason for withdrawal by the Firm would
include, but not be limited to, Client's consent, Client's breach of this Agreement, Client's
failure to pay fees and costs as provided in this Agreement, Client's conduct renders it
unreasonably difficult for the Firm to carry, out the representation effectively, or any fact or
24 4 1
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circumstances that would render the Firm's continuing representation unlawful or unethical. At
such time as the Firm's services conclude, all unpaid fees for legal and related services and costs
and expenses will immediately become due and payable.
5. Case Files
After the Firm's services conclude, the Firm will, upon Client's request, deliver
the files for this matter to Client. If Client does not request the files for this matter, the Firm will
retain them for a period of five years after the matter is closed. If Client does not request
delivery of the files for this matter before the end of the five -year period, the Firm will have no
further obligation to retain the files and may, at the Firm's discretion, destroy them without
further notice to Client. At any point during the five -year period, Client may request delivery of
the files.
6. No Guarantee
Nothing in this Agreement and nothing in the Firm's statements to Client will be
construed as a promise or guarantee about the outcome of this matter. The Firm makes no such
promises or guarantees.
We look forward to continuing to work with you on this matter. If this Agreement
is satisfactory, please execute one of the enclosed copies and return it to me. The other copy is
for your records.
7. Amendment
Any amendment to this Agreement shall be in writing.
Very truly yours,
MIHALY & WEINBERGER LLP
0l
OSA L. WOLFF
AND AGREED:
STEWART
MANAGER
J
DATED: �� f
. . 1'.
Approved as to Form:
MARK HE SLEY
CITY ATTORNEY
(SAETAINER \olw005 (El Segundo) (v.2).wpdj
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EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 2008
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action authorizing the recording of the Notices of Completion and
authorizing the City Manager to accept completion of work for 27 homes related to the City's
Residential Sound Insulation Program's Group 29 (Project No. RSI 08 -17).
(Final Contract Amount: $502,655.89)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Clerk to file the City's Planning and Building Safety Director's Notice of
Completion in the County Recorder's Office;
2. Authorize the City Manager, or designee, to close out Project No. RSI 08 -17; and /or
3. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
List of homes included in Groups 29
Planning and Building Safety Director's Notice of Completion
FISCAL IMPACT: Included in Adopted Budget
Amounts Budgeted: $547,800
Additional Appropriation: N/A
Account Number(s): 116 - 400 - 0000 -8960
ORIGINATED BY: James S. O'Neill, Program Manager yyA�
REVIEWED BY: Greg Carpenter, Director o lann g and Building Safety /G
APPROVED BY: Jack Wayt, City Managey�/
BACKGROUND AND DISCUSSION:
This projects is part of the City's Residential Sound Insulation (RSI) Program financed by
federal grants from the Federal Aviation Administration (FAA) and the settlement agreement
with Los Angeles World Airports (LAWA).
The RSI Program offers modifications to owners of qualifying residential property in the City of
El Segundo that reduce interior sound levels of noise generated by air traffic from neighboring
Los Angeles International Airport (LAX).
At its meeting on November 18, 2008 the City Council awarded a construction contract to S &L
Specialty Contracting, Inc. (S &L) for construction for 27 homes, commonly referred to as Group
29 of the RSI Program. The final contract amount is $502,655.89.
is
Exhibit A
Residential Sound Insulation Program
Group 29
1D#
Project Address
29.01
900 Cedar St., #201
29.02
900 Cedar St., #101
29.03
915 Pepper Street, Unit 1
29.04
915 Pepper Street, Unit 2
29.05
915 Pepper Street, Unit 3
29.06
915 Pepper Street, Unit 4
29.07
915 Pepper Street, Unit 5
29.08
915 Pepper Street, Unit 6
29.09
332 E. Imperial Avenue, Unit 1
29.10
332 E. Imperial Avenue, Unit 2
29.11
332 E. Imperial Avenue, Unit 3
29.12
332 E. Imperial Avenue, Unit 4
29.13
332 E. Imperial Avenue, Unit 5
29.14
332 E. Imperial Avenue, Unit 6
29.15
332 E. Imperial Avenue, Unit 7
29.16
332 E. Imperial Avenue, Unit 8
29.17
332 E. Imperial Avenue, Unit 9
29.18
332 E. Imperial Avenue, Unit 10
29.19
332 E. Imperial Avenue, Unit 11
29.20
332 E. Imperial Avenue, Unit 12
29.21
332 E. Imperial Avenue, Unit 13
29.22
332 E. Imperial Avenue, Unit 14
29.23
332 E. Imperial Avenue, Unit 15
29.24
332 E. Imperial Avenue, Unit 16
29.25
332 E. Imperial Avenue, Unit 17
29.26
332 E. Imperial Avenue, Unit 18
29.27
332 E. Imperial Avenue, Unit 19
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: Residential Sound Insulation Program — Group 29
Project No.: RSI 08 -17
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 interest stated below in the property hereinafter described.
2. The project owner's name is: City of El Segundo
3. The full addresses of the project are: attached as Exhibit A and incorporated by reference
4. The nature of the interest of the owner is:
5. A work of improvement on the property hereinafter described was field reviewed by City representatives
on: see attached Exhibit A
6. The work done was: Residential Sound Insulation Program Improvements
7. On October 6, 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.
8. The name of the Contractor for such work of improvement was: S &L Specialty Contractors, Inc.
9. 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: Private Residence(s) listed in Exhibit A
10. The street address of said properties are: set forth in Exhibit A
Dated: October 7. 2009
Greg Carpenter
Planning and Building Safety Director
VERIFICATION
I, the undersigned, say: I am the Director of Planning and Building Safety 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 October 7, 2009 at El Segundo, California.
Greg Carpenter
Planning and Building Safety Director
Notice of Completion
EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 2009
AGENDA STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Consideration of whether to deny a proposal to allow: 1) the construction of a six - story, 71,005
square -foot, 152 -guest suite hotel in -lieu of a six - story, 61,104 square -foot, 167 -room hotel
involving a change in brand from an Aloft Hotel to a Cambria Suites Hotel; and 2) a Specific
Plan to allow a maximum floor area ratio (FAR) of 0.92 at 101 Continental Boulevard.
Applicant: JF El Segundo Owner, LLC (Fiscal Impact: N /A)
RECOMMENDED COUNCIL ACTION:
1. Consider whether to deny a request by JF El Segundo Owner, LLC to allow for the
construction of a 71,005 square -foot, 152 -guest suite hotel with a 0.92 FAR; or
2. Alternatively, receive and file this report. If the City Council does not deny the
request, the applicant may submitt a full application, including, without limitation,
environmental documentation to comply with the requirements of the California
Environmental Quality Act ( "CEQA "), a Conditional Use Permit, and a Specific
Plan; or,
3. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Planning Commission Staff Report, dated September 10, 2009 and attachments
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager
REVIEWED BY: Greg Carpenter, Director of Planning and Building Safety
APPROVED BY: Jack Wayt, City Manag r�l
BACKGROUND AND DISCUSSION:
I. Introduction
The applicant, JF El Segundo Owner, LLC, proposes a slightly larger hotel with fewer rooms
than currently allowed by Conditional Use Permit No. 07 -07 and to implement a Specific Plan to
allow an increase in the maximum allowable floor area ratio (FAR). The proposed Specific Plan
would impose requirements for a LEED certified building and the incorporation of public art to
be located on site. The property is located in the Corporate Office (CO) Zone.
16
II. Background
On September 25, 2008, the El Segundo Planning Commission approved Environmental
Assessment No. EA -773 and Conditional Use Permit No. 07 -07 to allow construction of a six -
story, 61,104 square -foot hotel on a 1.75 acre site located at 101 Continental Boulevard, at the
northwest corner of El Segundo Boulevard and Continental Boulevard, immediately north and
adjacent to the Northrop Tower (formerly the Xerox Tower). The Hotel (Aloft Hotel) was
approved for a total of 167 rooms at a maximum FAR of 0.80 as permitted in the Corporate
Office (CO) Zone.
On August 24, 2009, JF El Segundo Owner, LLC proposed to modify the existing approvals.
The proposal would reduce the number of rooms in the approved hotel and implement a Specific
Plan to allow for a maximum floor area ratio (FAR) of 0.92 that would be limited to the parcel
for the hotel.
[The remainder of this page is intentionally left blank]
11,18 2
'_ 4
III. Proposed Proiect/Analysis
JF El Segundo Owner, LLC proposes to change the approved 167 -room Aloft Hotel to a 152 -
room Cambria Suites Hotel. The proposed change would result in a reduction of 15 rooms due
to the larger room size provided in the Cambria Suites brand and the amount and size of
amenities and open space, and would result in an increase in total net floor area from 61,104
square -feet to 71,005 square -feet. The proposed Cambria Suites building would be constructed
in approximately the same location on the site. The proposed Cambria Suites Hotel would be
similar to the Aloft Hotel, however, the visual building mass of the Cambria Suites Hotel would
decrease due to a more compact design. The building footprint of the Aloft Hotel is roughly
15,885 square -feet and the Cambria Suites footprint is roughly 14,744 square -feet. The
following diagram (Exhibit A) shows the Aloft Hotel building footprint superimposed in red
over the proposed Cambria Suites.
The following renderings further illustrate the difference in building mass when viewed from El
Segundo Boulevard looking north. The second rendering shows the outline of the Aloft Building
superimposed in red over the Cambria Suites Hotel.
The smaller footprint would allow for additional green space around the property which would
enhance the overall aesthetics of the building and surrounding grounds. A comparison of the two
projects is shown in Table 1; differences are highlighted in bold text.
Table 1
Aloft and Cambria Suites
Construct a six - story, 61, 104 Construct a six - story,
square -foot hotel 71, 005 square -foot hotel
1.75 acre site (76,370 square 1.75 acre site (76,370 square
feet) feet)
0.80:1 0.92:1
167 Rooms
304 Square -feet
579 Square -feet
152 Rooms
344 Square -feet
1,257 Square -feet
1 Conference Room @ 690 3 Conference Rooms @ 1,307
Square -feet Square -feet total
1,059 S.F.
150 plus 2 loading spaces
N/A
1,236
1,625 S.F.
139 plus 2 loading spaces (41
Parking spaces)
LEED Certified Building
Public Art Incorporated
1,125
+9,901
Square
feet
No
Change
+.12
-15
Rooms
+40
Square
feet
+678
Square
feet
+617
Square
feet
+566 S.F.
-11
As noted I
-111
Access to the site would remain unchanged and would be available via two driveways. Primary
access would be from Continental Boulevard and secondary access would be from El Segundo
Boulevard. A reciprocal access agreement would still be required with the office tower for
shared driveway access.
The applicant believes that this new concept (Cambria Suites) with larger rooms and more
generous amenities would be a better fit for the El Segundo market which caters more to the
surrounding office towers and the business traveler. The Cambria Suites concept would
essentially double the size of the fitness area and the conference room space. Additionally, the
applicant expressed concerns about the Aloft Hotel which reportedly entered into several markets
very quickly resulting in, according to the applicant, underperformance. The applicant believes
that the Cambria Suites would be a more stable and suitable choice for themselves and for the
City of El Segundo.
Green Building and Public Art
In October and November of 2008, the City Council directed staff to research the possibility of a
Public Art and/or Green Building program in exchange for other development incentives such as,
increased FAR, relaxed parking standards, etc. While no specific action was taken, Council
directed staff to research the matter further and report back at a later date. The applicant has
indicated that the Cambria Suites would be built as a LEED certified building. The applicant has
also indicated that they would contribute up to one -half of one percent of the total building
valuation of the project, which equates to approximately $75,000, toward on -site public art.
Specific Plan
In order to achieve a more defined project with specific development standards and design
guidelines, the applicant proposes a Specific Plan be prepared for the project. The Specific Plan
is an implementation tool that City staff could use to control and define development within the
defined project area by detailing the design, type, location and intensity of uses within the project
area. The Specific Plan would give the City the flexibility to create standards for the
development of a wide range of projects or solutions to any type of land use issue; for example,
flexibility in FAR could be defined for specific uses within the plan area such as limiting it to a
hotel use and LEED certification could be required for any hotel development within the project
area. A Specific Plan area can cover a very large area or it can be as small as one acre in size
and involve a single project. For example, the Smoky Hollow Specific Plan area covers roughly
123 acres; the Corporate Campus Specific Plan area which covers 46 acres; and the Downtown
Specific Plan area which covers 25.8 acres. In this case, the Cambria Suites project site is 1.75
acres (76,370 square- feet).
In place of a Specific Plan, staff is researching the potential of advising the applicant to utilize
the Development Agreement process. The Development Agreement could incorporate similar
public benefit requirements.
6
Fiscal Analvsis
While a fiscal analysis of the project is not required or relevant to the land use decision, the
applicant has provided an analysis for the Cambria Suites Hotel as an informational item; the
analysis is based on the following assumptions:
1. Expected construction start up on the Cambria Suites in March of 2010, and the
construction period to last for 14 months, with an estimated open date of May 1, 2011.
2. Year 1 figures are based on the opening date shown to the end of the calendar year.
3. Year 1 occupancy is a "ramp up" period. The Cambria Suites project would have a much
higher occupancy rate since it will be open for a longer period in Year 1.
4. The applicant believes that there will be a higher daily room rate with the Cambria Suites
than the ALOFT since the rooms are bigger and this hotel has more extensive amenities. (The
total revenue is only slightly higher however due to the decrease in the number of rooms.)
The applicant believes that once the economy rebounds, the occupancy and rates may rise above
the projections below. However, the occupancy rates and transient occupancy tax figures
provided below on the next page are based on a more conservative estimate.
[The remainder of this page is intentionally left blank]
�J�
Table 2
r iscat
Calendar Year 1 Opening 5/1/2011
Occupancy 60%
Average Daily Rate $135
Revenue Per Available Room $81
Year 2 (Full Year 2012)
Occupancy 78%
Average Daily Rate $146
Revenue Per Available Room $114
Year 3
Occupancy 83%
Average Daily Rate $155
Revenue Per Available Room $129
Year 4
Occupancy 83%
Average Daily Rate $160
Revenue Per Available Room $133
Year 5
Occupancy 83%
Average Daily Rate $164
Revenue Per Available Room $136
Source: JF El Segundo Owners, LLC, July 2009
Based on the applicant's analysis submitted for the Aloft Hotel, the Cambria Suites Hotel would
generate more Transient Occupancy Tax revenue based on the increase in room size and the
increase in average daily room rate.
., 8
IV. Conclusion
On September 10, 2009, this proposal was presented to the Planning Commission to provide the
Planning Commission an opportunity to advise the City Council regarding whether to deny the
proposal outright, or allow a full application to be processed. The Planning Commission
discussed the proposal and voted 4 -0 to receive and file the request and refer the matter to the
City Council for further consideration. The Planning Commission discussed the reduced
environmental impacts of the revised hotel proposal and the benefits of incorporating public art
and a LEED certified building into the project. The City Council can either deny the request or,
if the City Council does not deny the request, the applicant may submit a full application for
processing. If an application were processed, the City would still have the discretion of denying
any proposed project. This matter is an informational item only. If the City Council does not take
any action regarding this matter, the City would then process an application in accordance with
applicable law. Should the City Council deny the proposal, no additional CEQA review is
required.
PA\Planning & Building Safety \0 Planning - Old\PROJECTS (Planning) \826- 850\EA 844 \Council Meeting 10.06.09\EA- 844.CC
Report.10.06.09.doc
-- 9
�.JJ
CITY OF EL SEGUNDO
PLANNING COMMISSION STAFF REPORT
PUBLIC HEARING: September 10, 2009
SUBJECT: Environmental Assessment No. EA -844,
Conditional Use Permit No. 09 -05, and Specific
Plan No. 09 -02
APPLICANT: JF El Segundo Owner, LLC
PROPERTY OWNER: JF El Segundo Owner, LLC
REQUEST: Proposal to modify the original approval of
Environmental Assessment No. 773 for a
Mitigated Negative Declaration and Conditional
Use Permit No. 07 -07 to allow the construction of
a 1) a six - story, 71,005 square -foot, 152 -guest
suite hotel in -lieu of a six - story, 61,104 square -
foot, 167 -room hotel involving a change of the
brand from an Aloft Hotel to a Cambria Suites
Hotel and 2) a Specific Plan to allow a maximum
floor area ratio (FAR) of 0.92.
PROPERTY LOCATION: 101 Continental Boulevard
Introduction
The applicant, JF El Segundo Owner, LLC is proposing to modify the original
approval, for Environmental Assessment No. 773 and Conditional Use Permit
No. 07 -07, which allowed for the construction of a six -story, 61,104 square foot
Aloft Hotel on a 1.75 acre site located at 101 Continental Boulevard. The
proposal is a request for a slightly larger hotel with fewer rooms and a Specific
Plan to allow an increase in the maximum allowable floor area ratio (FAR). The
requested Specific Plan proposes requirements for a LEED certified building and
the incorporation of public art to be located on site. The property is located in the
Corporate Office (CO) Zone.
Recommendation
Planning staff recommends that the Planning Commission Receive and File this
report and refer the matter to the City Council for further consideration.
e- r
6w50
III. Background
On September 25, 2008, the El Segundo Planning Commission approved
Environmental Assessment No. EA -773 and Conditional Use Permit No. 07 -07 to
allow construction of a six -story, 61,104 square -foot hotel on a 1.75 acre site
located at 101 Continental Boulevard, at the northwest corner of El Segundo
Boulevard and Continental Boulevard, immediately north and adjacent to the
Northrop Tower (formerly the Xerox Tower). The Hotel (Aloft Hotel) was
approved for a total of 167 rooms at a maximum FAR of 0.80 as permitted in the
Corporate Office (CO) Zone.
On August 24, 2009, JF El Segundo Owner, LLC submitted Environmental
Assessment No. 844, Conditional Use Permit No. 09 -05 and Specific Plan No.
09 -02 requesting modification of the original approval. The modification would
require an amendment to the Environmental Assessment that was prepared for
the Aloft Hotel (a Mitigated Negative Declaration), an amendment to the
Conditional Use Permit which is required for a hotel in the CO Zone, and a
proposed Specific Plan to allow for a maximum floor area ratio (FAR) of 0.92 that
would be limited to the parcel for the hotel.
[The remainder of this page is intentionally left blank]
IV. Proposed Prolect/Analysis
JF El Segundo Owner, LLC proposes to change the approved 167 -room Aloft
Hotel to a 152 -room Cambria Suites Hotel. The proposed change would result in
a reduction of 15 rooms due to the larger room size provided in the Cambria
Suites brand and the amount and size of amenities and open space, and would
result in an increase in total net floor area from 61,104 square -feet to 71,005
square -feet. The proposed Cambria Suites building would be constructed in
approximately the same location on the site. The proposed Cambria Suites Hotel
would be similar to the Aloft Hotel, however, the overall building mass of the
Cambria Suites Hotel would decrease; the building footprint of the Aloft Hotel is
roughly 15,885 square -feet and the Cambria Suites footprint is roughly 14,744
square -feet. The following diagram (Exhibit A) shows the Aloft Hotel building
footprint superimposed in red over the proposed Cambria Suites.
�SC�
The following renderings further illustrate the difference in building mass when
viewed from El Segundo Boulevard looking north. The second rendering shows
the outline of the Aloft Building superimposed in red over the Cambria Suites
Hotel.
The smaller footprint would allow for additional green space around the property
which would enhance the overall aesthetics of the building and surrounding
grounds. A comparison of the two projects is shown in Table 1; differences are
highlighted in bold text.
Table 1
Aloft and Cambria Suitpa Cmmnnri*^n
�u0
5
Project �tem } f,
Approved Aloft Hob iii,
Proposed CambriaSuites Change
Pro' °t
six-story, Construct a ,
ry
Construct asix -story, + 9,901
Desr�plorl;;
61, 104 square -foot
71, 005 square -foot hotel Square
..,
hotel
feet
Pa , 5ie' y'
1.75 acre site (76,370
1.75 acre site (76,370 No
1 fNR
square feet)
square feet) Change
ly4
s� for:
0.80:1
0.92:1
+.12
the CO ZQrtie,;
Total` Rooms
167 Rooms
152 Rooms
-15
Rooms
IoomSize -
304 Square -feet
344 Square -feet
+40
Square
feet
Fitness ('Aree
579 Square -feet
1,257 Square -feet
+678
..
Square
feet
Conference
1 Conference Room @
3 Conference Rooms @
+617
RoQrr1S
690 Square -feet
1,307 Square -feet total
Square
feet
ie$ta" r "an/�r
1,059 S.F.
1,625 S.F.
+566
S.F.
Pat ink 1Y
150 plus 2 loading
139 plus 2 loading
-11
each first ";100
spaces
spaces ( -11 Parking
room$. 3/ -4fQr
spaces)
each of ,
11eXta 10Q
rortleps!1a.:
Pupl��c.3enefifi
N/A
LEED Certified Building
As
Public Art incorporated
noted
�u0
5
Access to the site would remain unchanged and would be available via two
driveways. Primary access would be from Continental Boulevard and secondary
access would be from El Segundo Boulevard. A Reciprocal Access Agreement
would still be required with the office tower for shared driveway access. The
zoning and surrounding land uses are as follows:
Existing Land Use Zone /General Plan
North: General Office Buildings Corporate Office (CO)
South: Raytheon Campus Light Manufacturing (M -1)
East: General Office /Hotel Uses Corporate Office (CO)
West: General Office Parking Structures Corporate Office (CO)
The applicant believes that this new concept (Cambria Suites) with larger, more
spacious rooms and more generous amenities would be a better fit for the El
Segundo market which caters more to the surrounding office towers and the
business traveler. The Cambria Suites concept would essentially double the size
of the fitness area and the conference room space. Additionally, the applicant
has indicated concerns about the Aloft Hotel, which has entered into several
markets very quickly, which in turn, has caused the brand to under perform
nationwide at an even greater pace than most other hotel brands; the applicant
believes that the Cambria Suites would be a more stable and suitable choice for
themselves and for the City of El Segundo.
Green Building and Public Art
In October and November of 2008, the City Council directed staff to research the
possibility of a Public Art and /or Green Building program in exchange for other
development incentives such as, increased FAR, relaxed parking standards, etc.
While no specific action was taken, Council directed staff to research the matter
further and report back at a later date. The applicant has indicated that the
Cambria Suites would be built as a LEED certified building. The applicant has
also indicated that they would contribute up to one -half of one percent of the total
building valuation of the project, which equates to approximately $75,000, toward
on -site public art.
Specific Plan
In order to achieve a more defined project with specific development standards
and design guidelines, the applicant is requesting that a Specific Plan be
prepared for the project. The Specific Plan is an implementation tool that City
staff could use to control and define development within the defined project area
by detailing the design, type, location and intensity of uses within the project
area. The Specific Plan would give the City the flexibility to create standards for
the development of a wide range of projects or solutions to any type of land use
issue; for example, flexibility in FAR could be defined for specific uses within the
plan area such as limiting it to a hotel use, LEED certification could be required
for any hotel development within the project area, and so forth. The Specific
Plan area can cover a very large area or it can be as small as one acre in size
6
and involve a single project; for example the Smoky Hollow Specific Plan area
which covers roughly 123 acres, the Corporate Campus Specific Plan area which
covers 46 acres, and the Downtown Specific Plan area which covers 25.8 acres.
In this case, the Cambria Suites project site is 1.75 acres (76,370 square- feet).
Fiscal Analysis
While a fiscal analysis of the project is not required or relevant to the land use
decision, the applicant has provided an analysis for the Cambria Suites Hotel as
an informational item; the analysis is based on the following assumptions:
1. Expected construction start up on the Cambria Suites in March of 2010,
and the construction period to last for 14 months, with an estimated open
date of May 1, 2011.
2. Year 1 figures are based on the opening date shown to the end of the
calendar year.
3. Year 1 occupancy is a "ramp up" period. The Cambria Suites project
would have a much higher occupancy rate since it will be open for a
longer period in Year 1.
4. The applicant believes that there will be a higher daily room rate with the
Cambria Suites than the ALOFT since the rooms are bigger and this hotel
has more extensive amenities. (The total revenue is only slightly higher
however due to the decrease in the number of rooms.)
The applicant believes that once the economy rebounds, the occupancy and
rates may rise above the projections below. However, the occupancy rates and
transient occupancy tax figures provided below on the next page are based on a
more conservative estimate.
4r, b 6 9
7 4-
Table 2
�+vV�vv. V� LI vvaullMV VYYIICI �� LLIJ� JUI�/ LVVy
Calendar Year 1
O enin 5/1/2011
Occupancy
60%
Average Daily Rate
$135
Revenue Per Available
Room
$81
Rwenow
$fit 954 880
` $236 39p
Year 2 Full Year 2012
Occupancy
78%
Avera a Daily Rate
$146
Revenue Per Available
Room
$114
Revenue `
$6 ~324 720
$505 978
Year 3
Occupancy
83%
Average Daily Rate
$155
Revenue Per Available
Room
$129
Revenue
$7156 920
$572554
Year 4
Occupancy
83%
Average Daily Rate
$160
Revenue Per Available
Room
$133
t`ievetlue `'
$7 378 840
$590`307
Year 5
Occupancy
83%
Average Daily Rate
$164
Revenue Per Available
Room
$136
t
T..�X � �1`T'#�.:
Cnurnn• IC CI Cenn...d.. 11........... 1 1 n L.L.
nnn.. -
. $ 508 851'
�+vV�vv. V� LI vvaullMV VYYIICI �� LLIJ� JUI�/ LVVy
Based on the analysis submitted for the Aloft Hotel, the Cambria Suites Hotel
would generate more Transient Occupancy Tax revenue based on the increase
in room size and the increase in average daily room rate.
V. Environmental Review
The proposed project (Cambria Suites Hotel) would at minimum require an
Addendum to the Mitigated Negative Declaration in accordance with the
California Environmental Quality Act (CEQA). The Addendum to the Initial Study
and Mitigated Negative Declaration would be processed once formal, fully
detailed Specific Plan and Conditional Use Permit Applications are submitted for
the proposed new Cambria Suites hotel development.
VI. Conclusion
This proposed matter is being presented to the Planning Commission to provide
the Planning Commission an opportunity to advise the City Council regarding
whether to deny the proposal outright, or allow a full application to be processed.
If an application were processed, the City would still have the discretion of
denying any proposed project. This matter is an informational item only. If the
City Council does not take any action regarding this matter, the City would then
process an application in accordance with applicable law. Should the City
Council deny the proposal, no additional CEQA review is required.
VII. Exhibits
A. Applicant's Modification Application
B. Applicant's Brand Change Analysis
C. Conceptual color renderings and plans
D. Cambria Suites Sustainable Building Operations & Maintenance
Memorandum
Prepared by: Trayci Nelson, Project Consultant
A /Y
Kimberly Chrl sen, AICP, Planning Manager
Depart ent of annin Building Safety
Greg C rpent r, Direc or
Depa ent o Planning & Building Safety
PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \826 - 850 \EA 844 \September 10 Planning
Commission\2009.9.01. EA- 844PCsr.doc
9 116 A
It
SSE V�Q
City of El Segundo
Planning and Building Safety Dept.
350 Main Street
El Segundo, CA 90245
(310) 524 -2344; FAX (310) 322 -4167
www.elsegu_ n`�n
APPLICATION FOR A MODIFICATION
TO A DISCRETIONARY APPROVAL
Environmental ssessment No: ��N Date: q`
Modification to Project EA No: CW 0-J -XD--J
Applicant:
AAr UC- LA1 ZZ-�- (366 5(, -7 31g
e (pr tort ,Jt UW s� Phone Fax
ess
amity /St2ip S na e
Check One: Owner Lessee ❑ Agent ❑
Property Owner:
sa e. 6L5 a,/p Ic &f
Name (print or type)
Address
City/St/Zip
Phone
Email
Fax
Signature
10180 nt "e t., g v CUP 09,05
d.
C % ►, Z27 -1360 56r 6 -9,�- 3318'
hone
rM.ii ,,,o . Fax
�
.
City /St/Zlp
ign ture
Zoning: 0 General Plan Land Use Designation: 4:�
El Segundo Municipal Code Sections Relating to Request:
1. Describe the proposed modification with this application. (Attach additional sheets if necessary).
2. Provide a description to justify the modification: (Attach additional sheets, if necessary).
A i I . . A
3. Describe the existing development on the site, Include square footages, and uses of each building.
2
NOTE: Separate Affidavits must be submitted if there are multiple owners.
(�f OWNER'S AFFIDAVIT
1, We a ► U,f�j being duly sworn depose and say that I /we am
the OWNER of the property involved in this ap Yi1cation and that Uwe have familiarized myself (ourselves) with the
rules and regulation of the City of El Segundo with respect to preparing and filing this application and that the
foregoing statements herein contained and the information documents and all plans attached hereto are in all
respects true and correc a est of my /our knowledge and belief.
r 20 0-L
ign tu
Da e
STATE OF CALIFORNIA, )
County of Los Angeles )ss.
On this day of 20 before me, the undersigned Notary
Public in and for said County and State, personally appeared
known to me to be the person whose name
within instrument, and acknowledged to me that he /she executed the same.
WITNESS my hand and official seal.
subscribe to the
Notary Public in and for said County and State
3 r`�'
,t
STATE OF FLORIDA, )
County of Palm Beach )ss.
On this QNA day of !">fGt
"67 20 09 before me, the undersigned
Notary Public in and for said County and Sta personally appeared
known to me to be the person whose name I "agef subscribe
to the within instrument, and acknowledged to me that he /she executed the same.
WITNESS my hand and official seal.
Y Notary Publio State of Florida
Adrians V Vasquez My Commission DDS63696
Expires 03/1 S /2013
Notary Public in and for said Co ty d State
I hereby authorize
I understand that this person wi
correspondence.
I, We
the AGEN o 1
rules and re
foregoing state
respects true a
AGENT AUTHORIZATION
S
�r
to act for me /us in all matters relevant to this application.
on the project and will be sent all information and
Date
20
AGENT AFFIDAVIT
being duly sworn depose and say that I /we am
property involved in this application and that I /we have familiarized myself (ourselves) with the
)n of the City of El Segundo with respect to preparing and filing this application and that the
ants herein contained and the information documents and all plans attached hereto are in all
correct to the best of my /our knowledge and belief.
Signature Date 20
STATE OF CALIFORNIA, )
County of Los Angeles )ss.
On this day of 20 before me, the undersigned Notary
Public in and for said County and State, personally appeared
known to me to be the person whose name subscribe to the
within instrument, and acknowledged to me that he /she executed the same.
WITNESS my hand and official seal.
4
Notary Public in and for said County and State
Application for Modification to a Discretionary Approval
(Question 1 & 2)
Fisher Property Group proposes to change the currently approved 167 key Aloft Hotel at 101
Continental Blvd. to a 152 key Cambria Suites Hotel.
Since we designed the Aloft hotel and it was approved, a new concept has been created that we think is
a better fit for the El Segundo market, the Cambria Suites. The Cambria Suites offers larger guestrooms
and more amenities than the Aloft, making it a more attractive option for the business traveler. In
addition, it is an attractive design, both interior and exterior, that will be independently striking and
maintain a strong synergy with the surrounding office towers. Something else that has occurred since
we selected the Aloft brand is a shift in the brand itself to something we no longer feel is the right fit for
El Segundo. The Aloft has expanded in locations that we consider detrimental to the brand integrity,
and as a result has been underperforming nationwide to an even greater extent than most other hotel
brands.
Although the site FAR of the Cambria Suites would increase to .92 from the Aloft's .80, which is the
number approved by City Code, we are requesting a Specific Plan with conditions that would serve to
restrict or limit this project's development. The Specific Plan would limit the increase in FAR to this
project only and would not open the entire C -O zone to this increase. The increase in FAR would not
increase environmental impacts, in fact, the actual impact of the hotel would be reduced because the
number of rooms would decrease by 15, from 167 to 152. This would result in less traffic, less sewer,
water, noise and air quality impacts, and any other environmental factors. The proposed design utilizes
less land area on the site. The Aloft has a 15,885 square feet footprint but the Cambria Suites is only
14,744 square feet. This 1,141 square feet reduction of ground building area will allow for more
landscaping and is accomplished while keeping the building at its approved 6 -story .height. This
additional green space can be seen from El Segundo Blvd., enhancing the aesthetics of the building and
surrounding grounds. This can be seen in the site plans, where the Aloft floor plan is superimposed over
the proposed Cambria Suites plan to show the differences in building mass.
The reason the Cambria Suites has an increased FAR despite fewer guestrooms and a smaller footprint
than the Aloft is due to its increased room sizes, and amount and size of amenities and open space. For
example, the average guestroom size in the Cambria Suites is 344 sq. ft. versus 304 sq. ft. in the Aloft.
The conference and meeting space in the Cambria Suites includes a full executive boardroom and totals
1,307 sq. ft. whereas the Aloft has one meeting room that is 690 sq. ft. (617 sq. ft. difference) The bar &
restaurant and seating area totals 1,624 sq. ft. in the Cambria Suites and 1,059 sq. ft. in the Aloft (565
sq. ft. difference). The fitness area is 1,257 sq. ft. in the Cambria Suites versus 579 sq. ft. in the Aloft
(678 sq. ft. difference). The table in Exhibit A shows a more detailed breakdown of these calculations.
As we have discussed, we are willing to do the following: 1) The Cambria Suites can be made a LEED-
certified building. 2) We are happy to contribute up to $75,000 toward the public art on our site. As part
of this, we will either personally hire an art consultant and have the Council approve their proposal, or
cater to whatever process the Council envisions.
The hotel industry has been hit hard, and it is more important than ever to find the best fit for the
market. In El Segundo, with the prevalence of class "A" businesses and the new companies coming to
the area, the size of the guestrooms and amount and types of guest amenities are extremely important.
�.�V
C_
Guests today want larger, more attractive workout facilities, more dining options available more hours
of the day, and a suite -style room with space to work and live. Cambria Suites furnishes the right
product in the right location. The last reason for the change is fiscal, and we have prepared an analysis
of both the Aloft and Cambria Suites showing future revenue and bed tax. The numbers provided are
only an estimate, and they are based on a later construction start date for the Aloft due to our unease
over the brand. The assumptions are as follows:
1) We would expect to start construction on the Cambria Suites in March of 2010 and the
construction period to last for 14 months, with an estimated open date of May 1, 2011. We
estimate (at the earliest) to begin construction on the Aloft in June of 2010 and the construction
period to last for 16 months, with an estimated open date of October 1, 2011.
2) Year 1 figures are based on the opening date shown to the end of the calendar year. Year 1
occupancy is a "ramp up" period. The Cambria Suites project has a much higher occupancy rate
since it will be open for a longer period in Year 1.
3) We believe that we will receive a higher daily rate with the Cambria Suites than the Aloft since
the rooms are bigger and this hotel has more and better amenities. (The total revenue is only
slightly higher however due to the decrease in the number of rooms.)
4) We believe that once the economy rebounds, the occupancy and rates may rise above the
projections below. However, we cannot assume this to be the case and therefore took a
conservative view.
127.1
� � ti
ALOFT
ed T x
Cambria Suites
: W-,"*,
keys -167
$Yo
keys -152
Calendar Year 1
Opening
10/1/2011
Opening
5/1/2011
Occupancy
35%
60%
Average Daily Rate
$125
$135
Revenue Per Available Room
$44
$81
Revenue
$661,320
$$2 6
$2,954,880
Year 2 (Full Year 2012)
Occupancy
73%
78%
Average Daily Rate
$135
$146
Revenue Per Available Room
$99
$114
Revenue
$6,034,545
$482,764
$6,324,720
$505,978:
Year 3
Occupancy
80%
83%
Average Daily Rate
$144
$155
Revenue Per Available Room
$115
$129
Revenue
$7,009,825
$560,786
$7,156,920
$572,S5q"
Year 4
Occupancy
80%
83%
Average Daily Rate
$149
$160
Revenue Per Available Room
$119
$133
Revenue
$7,253,645
$58001
$7,378,840
y$59( ;5307
Year 5
Occupancy
80%
83%
Average Daily Rate
$153
$164
Revenue Per Available Room
$122
$136
Revenue
$7,436,510
$94;.`2;1
$7,545,280
6,[ { i� r • 74..x
I' FSIK ti
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7
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EXHIBIT A
Room and Amenities Breakdown for Aloft and Cambria
�-(J
ALOFT
Cambria
Suites
keys
square feet
keys
square feet
King
102
280
108
319
King Suite
4
520
Double Queen
55
327
13
392
One Bedroom Suite
1
606
One Bedroom Tower Suite
15
345
Two Bedroom Suite
3
606
Accessible King
5
404
4
319
Acc Double Queen
5
449
1
392
Acc One Bedroom
2
345
Acc Two bedroom
1
606
T`>1L
167`
304av9 sq ft
152E
344 avg 3q ft;
Conference Rooms
1
690
2
1,097
Board Room
0
0
1
148
Meeting Storage
0
0
1
62
Bar / Dining/ Lounge Area
1
1,059
1
1,624
Fitness / Workout
1
579
1
1,257
Back of House
1
3,173
1
4,435
Al?
o f
JM
�-(J
EL SEGUNDO PROPOSED BRAND CHANGE ANALYSIS
167 Key ALOFT Hotel vs. 152 Key Cambria Suites Hotel
July 24, 2009
Fisher Property Group proposes to change the currently approved 167 key ALOFT
Hotel to a 152 key Cambria Suites Hotel. This is a reduction of 15 keys, but an increase
in adjusted FAR square footage from 61,104 square feet to 71,005 square feet *, for an
increase of 9,901 square feet.
I. Square Footage and Amenities
The following chart shows a square footage breakdown comparing the two brands. In
addition, we have attached a copy of the proposed 152 key Cambria Suites breakdown
of rooms, public spaces, and amenities *. This will help explain why with less rooms and
a smaller footprint, there is actually more square footage in the Cambria due to its
increased room sizes and amenities.
*Please be advised that the amenities chart shows a total building square footage of
84,622 sq ft. which does not reflect the adjusted FAR square footage of 71,005 sq ft.
This is obtained by removing the elevator shafts, mechanical rooms, stairways, and
thickness of interior walls, elements that account for the 4,682 sq ft differential. Please
refer to the Cambria Suites plans in the package (Scheme 6) dated 6/22/09 — First Floor
Plan, Second Floor Plan and Typical Floor Plan to see as indicated by the shading on
the plans the elements that are removed in the adjusted FAR calculation.*
1 �:r�
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�, ;)
ALOFT
Cambria
Suites
keys
square feet
keys
square feet
King
102
280
108
319
King Suite
4
520
Double Queen
55
327
13
392
One Bedroom Suite
1
606
One Bedroom Tower Suite
15
345
Two Bedroom Suite
3
606
Acc King
5
404
4
319
Acc Double Queen
5
449
1
392
Acc One Bedroom
2
345
Acc Two bedroom
1
606
TOTAL
167
304 avg sq!;ft
152 .
'$44.avg sq ft
Conference Rooms
1
690
2
1,097
Board Room
0
0
1
148
Meeting Storage
0
0
1
62
Bar / Dining/ Lounge Area
1
1,059
1
1,624
Fitness / Workout
1
579
1
1,257
Back of House
1
3,173
1
4,435
Art.q 3 >�
ALOFT
M¢RIA
$�Z
�I r- r r
�, ;)
II. Footprint and Site Plan
The Cambria Suites utilizes less land area on the site as shown on the site plan by Law -
Kingdon Architecture (scheme 6) dated June 22, 2009. This plan (including the floor
plans), as well as the approved ALOFT site plan, are attached. The ALOFT floor plan is
superimposed over the proposed Cambria Suites plan to show the differences in
building mass.
ALOFT: 15,885 square feet footprint
Cambria Suites: 14,744 square feet footprint
This 1,141 square feet reduction of ground building area will allow for more landscaping
and is accomplished while keeping the building at its approved 6 -story height. This
additional green space can be seen from El Segundo Blvd enhancing the aesthetics of
the building and surrounding grounds.
III. Fiscal Analysis of ALOFT and Cambria Suites
As per your request, the following chart is a Fiscal Analysis of both hotel types showing
future revenue and bed tax, based on the following assumptions:
1) We anticipate starting construction sooner on the Cambria Suites because we
are not willing to move forward with the ALOFT as scheduled based on recent
decisions by Starwood. (They are expanding in locations that we consider
detrimental to the brand integrity.)
2) We would expect to start construction on the Cambria Suites in March of 2010
and the construction period to last for 14 months, with an estimated open date of
May 1, 2011. We estimate (at the earliest) to begin construction on the ALOFT in
June of 2010 and the construction period to last for 16 months, with an estimated
open date of October 1, 2011.
3) Year 1 figures are based on the opening date shown to the end of the calendar
year.
4) Year 1 occupancy is a "ramp up" period. The Cambria Suites project has a much
higher occupancy rate since it will be open for a longer period in Year 1.
5) We believe that we will receive a higher daily rate with the Cambria Suites than
the ALOFT since the rooms are bigger and this hotel has more and better
amenities._ .(The total. revenue is only Slightly higher_ however due to the decrelse.
in the number of rooms.)
3
1. 1 0
6) We believe that once the economy rebounds, the occupancy and rates may rise
above the projections below. However, we cannot assume this to be the case
and we are forced to take a conservative view as is shown on the chart below.
iI..•
4 It- $
ALOFT
ed.T
Cambria Suites
T;i
keys - 167
-.�89fi:
keys - 152
g,
Calendar Year 1
Opening
10/1/2011
Opening
5/1/2011
Occupancy
35%
60%
Average Daily Rate
$125
$135
Revenue Per Available Room
$44
$81
Revenue
$661,320
$51,906
$2,954,880
$236;390
Year 2 (Full Year 2012)
Occupancy
73%
78%
Average Daily Rate
$135
$146
Revenue Per Available Room
$99
$114
Revenue
$6,034,545
$482,764
$6,324,720
$505,978
Year 3
Occupancy
80%
.83%
Average Daily Rate
$144
$155
Revenue Per Available Room
$115
$129
Revenue
$7,009,825
$560,7,8f.,
$7,156,920
$371,4
Year 4
Occupancy
80%
83%
Average Daily Rate
$149
$160
Revenue Per Available Room
$119
$133
Revenue
$7,253,645
,
$7,378,840
$S9Q;Q7
Year 5
Occupancy
80%
83%
Average Daily Rate
$153
$164
Revenue Per Available Room
$122
$136
Revenue
$7,436,510
$._.
$7,545,280
xy
t. rd
_
.
iI..•
4 It- $
IV. Lodging Trends in LA County
We included lodging trend reports by PKF, a nationally recognized hotel research
expert, for the months of April and May 2009 showing the trends for the LA market. The
purpose of these reports is to show that the hotel industry has been hit hard, and it is
more important than ever to find the best fit for the market. In El Segundo, with the
prevalence of class "A" businesses and the new companies coming to the area, the size
of the guestrooms and amount and types of guest amenities are extremely important.
Guests today want larger, more attractive workout facilities, more dining options
available more hours of the day, and a suite -style room with space to work and live.
Based on the analysis above, Cambria Suites furnishes the right product in the right
location. We are confident enough in the brand that we are willing to sacrifice room
count by 15 keys. The Cambria Suites is a new concept and was not available at the
time we started this project.
5 `' S
I. Cambria Breakdown
IV. PFK Reports
FCC
At
LOS ANGELES
U.S. LODGING TURNING POINT ARRIVES BUT
GROWTH REMAINS ON DISTANT HORIZON
PKF Hospitality Research (PKF -HR) recently announced
that, according to its June 2009 edition of Hotel Horizons ®,
rooms revenue per available room (RevPAR) will reach its
cyclical low point in the third quarter of 2009. This will bring
to a close the escalating trend of declines in RevPAR that
began in the third quarter of 2008, according to Smith Travel
Research (STR).
In May 2009, Moody's Economy.com downgraded its outlook
of a 2.9 percent national employment decline to 3.8 percent,
causing PKF =HR to revise its RevPAR forecast for the year.
Given the correlation between employment and lodging
demand, the new expectation is for RevPAR to decline 17.5
percent in 2009, followed by another 3.5 percent decline in
2010.
The good news is that the bottom of the current cycle for the
U.S. hotel industry is soon to arrive. The bad news is that
2009 will be the weakest year on record for the domestic
lodging industry, and 2010 is going to be disappointing as
well. Accordingly, industry participants need to calibrate their
expectations when analyzing lodging performance
measurements. If you are wondering when we'll start to see
actual growth in RevPAR, then you'll have to wait until 2011.
However, if you want to know when the operating
environment is going to get a little less painful, that's
happening right now.
While many markets are experiencing the lingering effects of
new supply openings, the light at the end of the lodging
demand tunnel has now appeared. According to STR, hotel
demand first began to contract in the first quarter of 2008
and we expect this to persist through the end of this year;
thus, we are now more than half way home towards a
demand turnaround.
PKF -HR has identified the turning points and inflection points
on the current business cycle. Knowing these milestones
allows hotel owners and operators to property prepare their
operating and capital budgets, as well as investment
strategies, for the remainder of 2009 and the years to come.
Given where we are at in the cycle, turning points denote the
bottoming out of a measure, while inflection points mark
when the Important indicators exhibit positive growth.
Accordingly, all the major lodging statistics turn in 2009, but
PKF
Consulting
865 South Figueroa Street
Suite 3500
Los Angeles CA 90017
Telephone (213) 680 -0900
Telefax (213) 623 -8240
www.pkfc.com
April 2009
occupancy won't begin to inflect until 2010, and ADR will not
exhibit growth until 2011.
Hotel Horizons® is a quarterly series of reports containing
five -year forecasts of performance for the U.S. lodging
industry and 50 major markets across the country. The
lodging forecasts presented in the June 2009 edition of Hotel
Horizons® are based on Smith Travel Research (STR) hotel
performance data through March 2009 and Moody's
Economy.com's May 2009 economic forecast for the nation.
Less of a Decline
Year - over -year quarterly declines in the demand for U.S.
lodging accommodations started in the first quarter of 2008
and peaked at negative 8.0 percent in the first quarter of
2009. The June 2009 edition of Hotel Horizons® forecasts
demand to decline each of the remaining quarters of 2009,
but at a diminishing pace. The projected quarterly declines in
demand for the remainder of 2009 average just 4.7 percent.
Beyond 2009, the forecast calls for average annual
increases in demand of 3.2 percent for the next four years,
well above the 1.9 percent long -term average.
Concurrent to lower declines in demand is a similar
reduction in the opening of new hotel rooms. As we progress
through 2009 and into 2010, we will begin to see a
contraction in residual effects of the construction activity that
started in 2006 and 2007. New hotel openings peaked in the
first quarter of 2009 when year- over -year supply grew 3.2
percent. For the remainder of 2009, supply growth
diminishes each quarter. In 2010, the annual change in
supply is forecast to drop to 1.4 percent.
The deceleration in supply growth is a bit deceiving. The
investment money that funded the current surge in new
hotels is all chasing the same customer. If you look at the
types of hotels that will open up in 2009 and 2010, they are
heavily concentrated in two chain - scales. Just over 76
percent of net room growth this year and next occurs in the
upscale and mid - scale without food and beverage chain -
scale segments.
» »Continued on Page 4 >>
Source: PKF Consulting
Statistics And Trends Of Rooms Business In Los Angeles
PKF Consulting
BY LOCATION
MONTH OF APRIL 2009
DOWNTOWN
DOWNTOWN 2
HOLLYWOOD
SAN FERNANDO VALLEY
PASADENA
SAN GABRIEL VALLEY
SANTA MONICA
AIRPORT
MARINA DEL REY
SOUTH BAY
LONG BEACH
BEVERLY HILLS
WEST HOLLYWOOD
OTHER WEST L.A.
1 -5 CORRIDOR/WHITTIER
SANTA CLARITA
AVERAGE DAILY RATE OCCUPANCY PERCENT REVPAR
2009 2008 VAR 2009 2008 VAR 2009 2008 VAR
$121.64
$140.00
-13.1%
50.11%
72.07%
- 30.5%
$60.95
$100.90
- 39.6%
$79.77
$89.53
- 10.9%
74.92%
82.08%
-8.7%
$59.77
$73.48
- 18.7%
$182.13
$196.16
-7.2%
71.04%
79.18%
- 10.3%
$129.38
$155.32
- 16.7%
$112.57
$129.70
- 13.2%
66.31%
78.49%
- 15.5%
$74.65
$101.81
- 26.7%
$146.18
$175.68
- 16.8%
65.09%
79.51%
- 18.1%
$95.14
$139.68
- 31.9%
$95.11
$105.79
-10.1%
58.74%
70.70%
- 16.9%
$55.87
$74.80
- 25.3%
$233.18
$277.17
-15.9%
77.17%
83.72%
-7.8%
$179.96
$232.06
- 22.5%
$94.95
$109.68
- 13.4%
71.87%
81.34%
- 11.6%
$68.25
$89.21
-23.5%
$150.37
$167.75
- 10.4%
66.66%
79.39%
- 16.0%
$100.24
$133.18
- 24.7%
$112.83
$126.79
- 11.0%
68.87%
81.31%
- 15.3%
$77.71
$103.09
- 24.6%
$145.25
$162.01
- 10.3%
66.09 %
71.77%
-7.9%
$96.00
$116.27
- 17.4%
$377.67
$438.86
- 13.9%
63.33%
76.57%
- 17.3%
$239.17
$336.06
- 28.8%
$186.82
$226.84
- 17.6%
64.53%
78.97%
- 18.3%
$120.56
$179.12
- 32.7%
$212.38
$274.27
- 22.6%
66.60%
69.74%
-4.5%
$141.45
$191.27
- 26.1%
$89.90
$99.54
-9.7%
71.88%
79.02%
-9.0%
$64.62
$78.65
- 17.8%
$108.23
$119.03
-9.1%
63.46%
69.15%
-8.2%
$68.68
$82.32
- 16.6%
OVERALL AVERAGE $141.26 $163.26 - 13.5% 65.89% 77.22% - 14.7% $93.07 $126.08 - 26.2%
AVERAGE DAILY RATE OCCUPANCY PERCENT REVPAR
2009 2008 VAR 2009 2008 VAR 2009 2008 VAR
JANUARY TO APRIL 2009
DOWNTOWN
$137.32
$139.67
-1.7%
55.68 %
74.31%
-25.1%
$76.47
$103.79
- 26.3%
DOWNTOWN 2
$78.29
$83.41
-6.1%
75.46%
83.05%
-9.1%
$59.08
$69.27
-14.7%
HOLLYWOOD
$177.95
$197.44
-9.9%
70.29%
78.77%
-10.8%
$125.08
$155.52
- 19.6%
SAN FERNANDO VALLEY
$115.65
$128.75
- 10.2%
64.59%
73.68%
- 12.3%
$74.69
$94.86
- 21.3 %u
PASADENA
$156.90
$174.88
- 10.3%
62.53%
76.37%
-18.1%
$98.11
$133.56
- 26.5%
SAN GABRIEL VALLEY
$99.71
$105.89
-5.8%
61.82%
69.58%
-11.1%
$61.64
$73.68
-16.3%
SANTA MONICA
$243.00
$279.86
- 13.2%
71.67%
82.01%
- 12.6%
$174.15
$229.52
-24.1%
AIRPORT
$100.49
$111.34
-9.7%
72.38%
80.34%
-9.9%
$72.73
$89.45
- 18.7%
MARINA DEL REY
$152.38
$167.04
-8.8%
63.34%
73.99%
- 14.4%
$96.52
$123.60
- 21.9%
SOUTH BAY
$115.40
$125.77
-8.2%
69.63%
79.26%
-12.1%
$80.36
$99.69
- 19.4%
LONG BEACH
$145.99
$148.16
-1.5%
66.24%
72.93%
-9.2%
$96.70
$108.05
- 10.5%
BEVERLY HILLS
$389.44
$435.48
- 10.6%
64.08%
76.97%
-16.7%
$249.53
$335.17
- 25.6%
WEST HOLLYWOOD
$200.64
$234.88
- 14.6%
58.95%
73.59%
- 19.9%
$118.27
$172.84
-31.6%
OTHER WEST L.A.
$237.06
$277.35
- 14.5%
66.40%
74.36%
- 10.7%
$157.41,
$206.23
- 23.7%
1 -5 CORRIDOR/WHITTIER
$92.48
$100.31
-7.8%
70.13%
78.94%
- 11.2%
$64.86
$79.18
- 18.1%
SANTA CLARITA
$113.20
$121.55
-6.9%
59.33%
66.86%
-11.3%
$67.16
$81.27
- 17.4%
OVERALL AVERAGE
$147.66
$163.46
-9.7%
65.96%
76.34%
-13.6%
$97.40
$124.79
- 22.0%
Statistics And Trends Of Rooms Business In Los Angeles
PKF Consulting
BY
MONTH OF APRIL 2009
AVERAGE DAILY RATE OCCUPANCY PERCENT REVPAR
2009 2008 VAR 2009 2008 VAR 2009 2008 VAR
Less than $55.00
$48.59
$50.62
-4.0%
71.35%
81.44%
- 12.4%
$34.67
$41.23
-15.9%
$55.01 - $85.00
$70.42
$82.80
-14.9%
71.40%
79.27%
-9.9%
$50.28
$65.63
-23.4%
$85.01 - $100.00
$93.98
$107.22
-12.4%
65.32%
76.61%
-14.7%
$61.39
$82.14
-25.3%
$100.01 - $150.00
$120.77
$137.08
-11.9%
63.33%
76.86%
-17.6%
$76.49
$105.37
- 27.4%
$150.01 - $200.00
$167.78
$200.14
-16.2%
70.51%
77.47%
-9.0%
$118.31
$155.05
-23.7%
$200.01 - $300.00
$235.60
$268.12
-12.1%
66.58%
77.51%
-14.1%
$156.86
$207.82
-24.5%
Over $300.00
$479.20
$552.67
-13.3%
58.88%
73.75%
- 20.2%
$282.14
$407.59
-30.8%
OVERALL AVERAGE
$141.26
$163.26
-13.5%
65.89%
77.22%
-14.7%
$93.07
$126.08
- 26.21/6
JANUARY TO APRIL 2009
Less than $55.00
$55.01 - $85.00
$85.01 - $100.00
$100.01 - $150.00
$150.01 - $200.00
$200.01 - $300.00
Over $300.00
OVERALL AVERAGE
BY SIZE
MONTH OF APRIL 2009
$48.31
$50.61
-4.5%
70.27%
78.20%
-10.1%
$33.95
$39.58
-14.2%
$72.74
$81.49
-10.7%
69.78%
76.85%
-9.2%
$50.76
$62.63
-19.0%
$92.15
$103.36
-10.8%
66.85%
75.93%
- 12.0%
$61.60
$78.48
-21.5%
$123.52
$132.47
-6.8%
65.12%
75.88%
-14.2%
$80.43
$100.52
-20.0%
$172.42
$190.48
-9.5%
67.03%
77.33%
-13.3%
$115.57
$147.29
-21.5%
$235.22
$263.31
-10.7%
65.76%
77.00%
-14.6%
$154.67
$202.75
-23.7%
$506.45
$555.87
-8.9%
58.84%
74.31%
-20.8%
$298.01
$413.04
- 27.8%
$147.66
$163.46
-9.7%
65.96%
76.34%
-13.6%
$97.40
$124.79
- 22.01/6
AVERAGE DAILY RATE OCCUPANCY PERCENT REVPAR
2009 2008 VAR 2009 2008 VAR 2009 2008 VAR
Under 100 rooms
$130.62
100 -199 rooms
$142.30
200 - 299 rooms
$142.43
300 - 600 rooms
$158.00
Over 600 rooms
$115.15
OVERALL AVERAGE
$141.26
JANUARY TO APRIL 2009
Under 100 rooms
$131.15
100 - 199 rooms
$144.86
200 - 299 rooms
$147.44
300 - 600 rooms
$166.41
Over 600 rooms
$126.99
OVERALL AVERAGE
$147.66
$151.51
-13.8%
70.61%
81.10% -12.9%
$92.24
$122.87
-24.9%
$165.47
-14.0%
67.63%
76.52%
-11.6%
$96.23
$126.61
-24.0%
$169.39
- 15.9%
64.43%
71.45%
-9.8%
$91.77
$121.03
-24.2%
$182.24
-13.3%
66.83%
79.13%
-15.5%
$105.59
$144.20
- 26.8%
$130.27
-11.6%
62.56%
80.05%
-21.8%
$72.04
$104.29
-30.9%
$163.26
-13.5%
65.89%
77.22%
- 14.7%
$93.07
$126.08
- 26.21/6
$153.36
-14.5%
69.07%
78.78%
-12.3%
$90.58
$120.81
-25.0%
$164.79
-12.1%
66.44%
75.08%
- 11.5%
$96.24
$123.73
-22.2%
$169.10
-12.8%
63.44%
71.40%
-11.2%
$93.53
$120.74
-22.5%
$180.72
$134.03
-7.9%
-5.3%
66.99%
65.48%
77.66%
80.19%
- 13.7%
- 18.3%
$111.48
$83.16
$140.35
$107.48
-20.6%
-22.6%
$163.46
-9.7%
65.96%
76.34%
- 13.6%
$97.40
$124.79
-22.0%
�: 8 3
Despite the overall slowdown in hotel openings, the extreme reductions in demand will still cause the national occupancy level
to decline in both 2009 and 2010. However, the pace of the occupancy diminution will ease considerably as the reality of new
competition subsides: PKF -HR forecasts occupancy to decrease by 8.1 percent in 2009 and another 0.2 percent in 2010.
Pricing Power Plummets
In an environment with all -time record low occupancy levels, the pressure on hotel operators to discount their room rates is
significant. Best practices may state that discounting does not induce demand, and we know the negative impact that rate
reductions have on the bottom -line. However, we are simply in a time and place when the laws of supply and demand trump a
more optimal practice. At every hotel there is a fixed minimal level of operating expenses that needs to be offset by any
revenue that a manager believes they can get.
PKF -HR is forecasting average daily room rates to decline 10.2 percent in 2009, and decrease another 3.3 percent in 2010.
We'll see the greatest degree of rate concessions this summer, but the level of discounting will diminish from then on. Nine
consecutive quarters of year- over -year reductions in room rates (fourth quarter 2008 to fourth quarter 2010) is great news for
travelers, but a major cause of concern for hotel owners and their lenders.
Local Markets Vary
The RevPAR inflection points for the nation's largest hotel markets do vary from city to city. Our research has found that 70 to
80 percent of a hotel's performance systematically is linked to the local economy. Given the variations in the economic outlook
for the different regions of the nation, our forecasts of RevPAR growth differ accordingly. Fourteen of the 50 markets in the
Hotel Horizons® universe are forecast to achieve year- over -year gains in RevPAR during the first half of 2010, while another
30 cities will not enjoy RevPAR growth until the last half of next year. RevPAR increases for the remaining six markets are
delayed until 2011.
Brutal Bottom Line
Given the forecast 17.5 percent decline in RevPAR for 2009, PKF -HR is projecting total hotel revenues to decrease 16.0
percent for the year. U.S. hotel managers, as they have in the past, will cut costs by 7.5 percent, but that will not be enough to
avoid a decline in the typical hotel's net operating income (NOI). PKF -HR is forecasting that the typical U.S. hotel will suffer a
37.8 percent decline in NOI in 2009 and an additional 9.2 percent in 2010. It should be noted that U.S. hotels will continue to
generate a positive NOI. However, given the projected declines in NOI, hotel profit margins are forecast to be well below the
long -term average of 25.7 percent.
Fewer guests paying lower prices is a recipe for evaporating profits. Add to that the potential for an increase in fixed charges
such as utility costs, insurance, and property taxes and the situation could get ugly quickly. Not many current industry
participants were around 72 years ago, the last time PKF -HR recorded a unit -level profit decline in excess of 20 percent.
Needless to say, profit declines in excess of 30 percent have a wide- ranging impact on hotel values, debt coverage, default
covenants, and solvency. As of June 9, 2009, TREPP was reporting that 3.2 percent of the commercial mortgage- backed
securities lodging loans that they track were in delinquency. This is up from 0.5 percent in June of 2008.
Strong Inflection: Beyond 2010
While the cumulative declines In revenue and profits during the current industry recession exceed those of previous industry
downturns, the magnitude of forecast recovery will be exceptionally robust. In 2011 and 2012, PKF -HR forecasts that RevPAR
will increase on an average annual basis of 9.2 percent, while profits will rise at a 17.8 percent pace. If you are an owner,
investor, or lender that can weather this year and next, the return to prosperity should be strong and quick.
To purchase Hotel Horizons® forecast reports for the United States, or one of 50 individual markets, please visit
the firm's online store at www.HotelHorizons.com, or call (866) 842 -8754.
•
is compiled and produced by PKF Consulting. Readers are advised that PKF
Consulting does not represent the data contained herein to be definitive. Neither should the
contents of this publication be construed as a recommendation of policies or actions. Quotatio
and reproduction of this material are permitted with credit to PKF Consulting. A„
/ ,
May 2009 Los Angeles County
IQ MA&M
oil
We Have Answers!
In the midst of what is perhaps the greatest
decline in the hotel industry in modem history,
many hoteliers find themselves looking for
answers. When will key metrics such as average
daily rate and occupancy turn positive again?
How have new supply additions changed the
market dynamics of the local area? Why have
guest levels declined and what can be done to
generate roomnights from the various segments
of demand? Answers to these questions, and
more like them, have been the specific focus of
PKF Consulting for more than 75 years.
Interestingly enough, the firm traces its roots back
to the Great Depression and was formed at that
time to specifically address the needs of financial
institutions, who following bankruptcy proceed-
ings, found themselves owning unfamiliar hotel
assets, and seeking operational advice.
tmilady, many hotel owners today find them-
selves in an analogous predicament. At the
peak of the recent hotel cycle a large collection of
buyers purchased hotel properties in the last few
years taking advantage of an abundance of
capital and attractive financing options. In doing
so, many of these transactions were underwritten
with optimistic expectations. As a result, many of
these recent owners find themselves in an
uncomfortable position as total revenues are
predicted to fall as much as 20 percent year -over-
year, and hoteliers can only slash expenses to a
certain degree without jeopardizing the integrity
and service levels of their respective properties.
At this point, relatively new hotel owners may find
themselves asking and hoping to answer difficult
questions, both those -posed within the
organization and by outside sources. At the
property level, discussions are likely to focus on
how and where to position the property, the kinds
of packages or value -added amenities and
activities that can be offered, as well as other
strategic initiatives that are likely to be discussed
by hotel ownership, members of the executive
committee, and the management company as
applicable. From the owner's prospective it is
also likely that the individuals, institution or
groups responsible for the financing of the hotel
will also have a keen interest in the property's
future projected cash flows. Indeed, the
continued future operation of the hotel may
depend on the accuracy of these forecasts and
the ability of stakeholders involved to reach a
consensus.
At PKF Consulting we believe that we are in a
unique position to assist owners and
operators facing the challenges present in today's
unprecedentedly tumultuous hospitality industry.
Headquartered in San Francisco, PKF Consulting
has offices in Atlanta, Boston, Bozeman, Dallas,
Houston, Indianapolis, Los Angeles, New York,
Philadelphia, and Washington, DC, so that we
may better serve the needs of our clients on a
regional and local basis. In addition, many local
offices also track local market conditions and
prepare reports similar to the one that you are
holding in your hand today. Further, in order to
provide a more complete range of services, PKF
Consulting is the parent company of PKF Capital,
which offers real estate transaction and capital
markets services, and PKF Hospitality Research,
a hospitality - related market research firm.
PKF
OOM LTII01
865 S. Figueroa Street, Suite 3500, Los Angeles, CA 90017
(213) 680 -0900 Ph 1(213) 623 -8240 Fx I www.pkfe.com
» »Continued on Page.4 >>
4_8J
Statistics And Trends Of Rooms Business In Los Angeles
PKF Consulting
BY LOCATION
MONTH OF MAY 2009
AVERAGE DAILY RATE OCCUPANCY PERCENT REVPAR
2009 2008 VAR 2009 2008 VAR 2009 2008 VAR
DOWNTOWN
$157.02
$162.20
-3.2%
65.96%
74.03%
-10.9%
$103.57
$120.08
- 13.7%
DOWNTOWN 2
$94.32
$91.29
3.3%
69.35%
74.78%
-7.3%
$65.41
$68.27
-4.2%
HOLLYWOOD
$163.22
$201.47
-19.0%
70.97%
76.77%
-7.6%
$115.84
$154.66
-25.1%
SAN FERNANDO VALLEY
$111.43
$126.99
-12.2%
65.94%
75.47%
-12.6%
$73.48
$95.83
-23.3%
PASADENA
$148.39
$167.79
- 11.6%
67.56%
78.15%
-13.5%
$100.25
$131.13
-23.5%
SAN GABRIEL VALLEY
$95.09
$104.50
-9.0%
58.59%
70.85%
- 17.3%
$55.71
$74.04
-24.7%
SANTA MONICA
$227.13
$273.83
- 17.1%
72.66%
80.36%
-9.6%
$165.04
$220.07
-25.0%
AIRPORT
$92.50
$106.51
- 13.2%
75.09%
82.91%
-9.4%
$69.46
$88.31
-21.3%
MARINA DEL REY
$149.97
$177.07
-15.3%
63.48%
75.26%
-15.7%
$95.20
$133.27
-28.6%
SOUTH BAY
$108.25
$124.05
-12.7%
67.27%
76.37%
-11.9%
$72.82
$94.74
-23.1%
LONG BEACH
$125.49
$145.10
- 13.5%
61.33%
73.02%
-16.0%
$76.96
$105.96
-27.4%
BEVERLY HILLS
$346.56
$429.31
-19.3%
57.67%
71.45%
-19.3%
$199.86
$306.72
-34.8%
WEST HOLLYWOOD
$187.49
$232.35
-19.3%
67.02%
74.23%
-9.7%
$125.66
$172.47
-27.1%
OTHER WEST L.A.
$210.27
$268.91
-21.8%
66.71%
72.97%
-8.6%
$140.28
$196.22
- 28.5%
1 -5 CORRIDOR/WHITTIER
$92.30
$98.02
-5.8%
71.58%
80.38%
-10.9%
$66.07
$78.79
-16.1%
SANTA CLARITA
$107.00
$118.55
-9.7%
64.97%
72.51%
-10.4%
$69.52
$85.96
-19.1%
OVERALL AVERAGE
$139.16
$161.60
-13.9%
67.44%
76.47%
- 11.8%
$93.86
$123.58
-24.1%
AVERAGE DAILY RATE OCCUPANCY PERCENT R VPAR
2009 2008 VAR 2009 2008 VAR 2009 2008 VAR
JANUARY TO MAY 2009
DOWNTOWN
$142.04
$144.37
-1.6%
57.84%
74.25%
-22.1%
$82.16
$107.19
-23.4%
DOWNTOWN 2
$81.36
$84.89
-4.2%
74.21%
81.36%
-8.8%
$60.38
$69.06
-12.6%
HOLLYWOOD
$174.92
$198.24
-11.8%
70.43%
78.36%
-10.1%
$123.20
$155.34
-20.7%
SAN FERNANDO VALLEY
$114.40
$127.72
-10.4%
64.46%
73.75%
-12.6%
$73.73
$94.19
-21.7%
PASADENA
$155.06
$173.41
-10.6%
63.55%
76.73%
-17.2%
$98.54
$133.06
-25.9%
SAN GABRIEL VALLEY
$98.74
$105.59
-6.5%
61.12%
69.85%
-12.5%
$60.35
$73.76
- 18.2%
SANTA MONICA
$239.58
$278.60
-14.0%
71.88%
81.66%
-12.0%
$172.21
$227.52
-24.3%
AIRPORT
$98.74
$110.29
-10.5%
72.96%
80.88%
-9.8%
$72.03
$89.21
-19.3%
MARINA DEL REY
$151.87
$169.20
-10.2%
63.37%
74.26%
-14.7%
$96.24
$125.65
-23.4%
SOUTH BAY
$113.96
$125.43
-9.1%
69.14%
78.66%
-12.1%
$78.79
$98.66
-20.1%
LONG BEACH
$141.83
$147.51
-3.8%
65.18%
72.95%
-10.7%
$92.45
$107.61
-14.1%
BEVERLY HILLS
$381.24
$434.27
-12.2%
62.74%
75.82%
-17.2%
$239.20
$329.28
-27.4%
WEST HOLLYWOOD
$197.58
$234.34
-15.7%
60.65%
73.72%
-17.7%
$119.83
$172.77
-30.6%
OTHER WEST L.A.
$231.40
$275.65
-16.1%
66.47%
74.07 %
-10.3%
$153.80
$204.18
-24.7%
1 -5 CORRIDOR/WHITTIER
$92.45
$99.84
-7.4%
70.43%
79.23%
-11.1%
$65.11
$79.10
-17.7%
SANTA CLARITA
$111.84
$120.89
-7.5%
60.48%
68.01%
-11.1 %
$67.64
$82.23
-17.7%
OVERALL AVERAGE
$145.76
$162.96
- 10.69/6
66.23 %
76.34%
-13.2%
$96.54
$124.40
-22.4%
r... U
Statistics And Trends Of Rooms Business In Los Angeles
PKF Consulting
BY RATE
MONTH OF MAY 2009
AVERAGE DAILY RATE OCCUPANCY PERCENT REVPAR
2009 2008 VAR 2009 2008 VAR 2009 2008 VAR
Less than $55.00
$49.63
$51.51
-3.7%
68.65%
82.48%
-16.8%
$34.07
$42.49
- 19.8%
$55.01 - $85.00
$69.03
$80.34
-14.1%
70.65%
80.23%
-12.0%
$48.77
$64.46
-24.3%
$85.01 - $100.00
$93.90
$107.89
-13.0%
67.62%
77.37%
-12.6%
$63.49
$83.47
-23.9%
$100.01 - $150.00
$121.72
$138.43
-12.1%
67.54%
75.86%
-11.0%
$82.21
$105.01
-21.7%
$150.01 - $200.00
$166.04
$190.66
-12.9%
69.45%
77.12%
-9.9%
$115.32
$147.04
-21.6%
$200.01 - $300.00
$225.82
$257.11
-12.2%
65.73%
73.89%
-11.0%
$148.43
$189.97
-21.9%
Over $300.00
$456.60
$554.07
-17.6%
53.22%
69.61%
-23.5%
$242.98
$385.66
-37.0%
OVERALL AVERAGE
$139.16
$161.60
- 13.91/6
67.44%
76.47%
-11.8%
$93.86
$123.58
-24.1%
JANUARY TO MAY 2009
Less than $55.00
$48.87
$51.13
-4.4%
70.28%
79.20%
-11.3%
$34.34
$40.50
-15.2%
$55.01 - $85.00
$73.42
$83.15
-11.7%
69.06%
76.93%
-10.2%
$50.70
$63.96
-20.7%
$85.01 - $100.00
$92.35
$103.23
-10.5%
66.43%
75.48%
-12.0%
$61.35
$77.92
- 21.3%
$100.01 - $150.00
$122.78
$132.63
-7.4%
65.67%
75.97%
-13.6%
$80.63
$100.76
-20.0%
$150.01 - $200.00
$171.44
$192.30
-10.8%
67.99%
77.84%
-12.7%
$116.55
$149.69
-22.1%
$200.01 - $300.00
$236.77
$267.53
-11.5%
64.95%
75.62%
-14.1%
$153.77
$202.31
-24.0%
Over $300.00
$495.71
$554.35
-10.6%
57.74%
73.32%
- 21.2%
$286.24
$406.44
-29.6%
OVERALL AVERAGE
$145.76
$162.96
-10.6%
66.23%
76.34%
-13.2%
$96.54
$124.40
- 22.4%
BY SIZE
MONTH OF MAY 2009
AVERAGE DAILY RATE OCCUPANCY PERCENT REAR
2009 2008 VAR 2009 2008 VAR 2009 2008 VAR
Under 100 rooms
$130.27
$156.90
-17.0%
69.84%
80.54% -13.3%
$90.99
$126.36
-28.0%
100 -199 rooms
$137.29
$161.32
- 14.9%
66.55%
75.30% - 11.6%
$91.36
$121.47
- 24.8%
200 - 299 rooms
$137.75
$166.02
- 17.0%
63.37%
71.67% -11.6%
$87.29
$118.98
-26.6%
300 - 600 rooms
$152.99
$177.57
- 13.8%
68.26%
76.61% -10.9%
$104.42
$136.03
-23.2%
Over 600 rooms
$124.91
$136.59
-8.6%
70.84%
81.49% -13.1%
$88.49
$111.31
-20.5%
OVERALL AVERAGE
$139.16
$161.60
-13.9%
67.44%
76.47% -11.8%
$93.86
$123.58
-24.1%
JANUARY TO MAY 2009
Under 100 rooms
$130.96
$154.10
- 15.0%
69.23%
79.14% -12.5%
$90.66
$121.95
-25.7%
100 -199 rooms
$142.90
$163.52
-12.6%
66.26%
74.98% - 11.6%
$94.69
$122.60
- 22.8%
200 - 299 rooms
$145.47
$168.56
- 13.7%
63.45%
71.47% - 11.2%
$92.30
$120.47
- 23.4%
300 - 600 rooms
$163.56
$180.07
-9.2%
67.26%
77.44% - 13.2%
$110.00
$139.45
-21.1%
Over 600 rooms
$126.52
$134.58
-6.0%
66.61%
80.47% - 17.2%
$84.28
$108.29
- 22.2%
OVERALL AVERAGE
$145.76
$162.96
- 10.60/6
66.23%
76.348/6 - 13.2%
$96.54
$124.40
-22.40/.
'42,37
Given this multilayered approach and wealth of market data, PKF Consulting is staffed and equipped to
provide the hotel and real estate industries with key services such as:
❖ Real Estate Valuations
❖ Resort and Recreation Studies
❖ Conference Center and Public Assembly Studies
❖ Asset Advisory Services
❖ Market Positioning
❖ Financial Feasibility Studies
❖ Litigation Support
❖ Market Research
❖ Workouts and Receiverships
We would be pleased to assist you with all of your hospitality needs and do not hesitate to contact us if
we can be of assistance in the future.
To learn more about PKF Consulting, our Annual Trends® in the Hotellndustryreport, or our local Monthly Trends®
Publication please visit www.pkfc.com /store/ or contact us at latrends @pkfc.com.
compiled and produced by PKF Consulting. Readers are advised that PKF
Consulting does not represent the data contained herein to be definitive. Neither should the
contents of this publication be construed as a recommendation of policies or actions. Quotation
and reproduction of this material are permitted with credit to PKF Consulting. r,
I
September 2, 2009
Rick Mielbye
Senior Vice President - Development
Fisher Property Group. Inc.
50 Cocoanut Row, Suite 211
Palm Beach, FL 33480
RE: El Segundo Cambria Suites - Sustainable Building Operations and Maintenance
Mr. Mielbye:
Choice Hotels International is currently considering various sustainable building design, operations and
maintenance programs aimed at achieving LEED certification, through the U.S. Green Building Council. In
particular we are currently reviewing our Cambria Suites brand for these opportunities and look to release
a "LEED compatible" prototype, version 1.5, by fall of 2010. However, we are in the process that if
approved by the City of El Segundo, to employ as many of these items as practically possible in order to
obtain LEED certification for our proposed El Segundo project.
Under the LEED Version 3 released earlier this year, achieving LEED certification is dependent on meeting
the USGBC's minimum score of 40 points. Points are earned through careful site selection, building design
and construction, product selection, and operations and maintenance. Based on our preliminary review
of the El Segundo site, Choice Hotels, its licensees and developers, will seek to obtain LEED certification in
part by employing practices from Choice Hotel's "Room to be Green" program. Examples of operation and
maintenance strategies from this program include:
Energy Conservation:
• Hotel uses energy efficient indoor lighting solutions, such as compact fluorescent (CFL) bulbs and
LED exit signs. Addressable areas include common space, corridors, guestrooms, or back office.
• Programmable on /off timers and /or occupancy sensors for lighting and HVAC for common areas
• High efficiency and /or EnergySTARTM compliant appliances, such as in -room PTAC units
• Double- paned, Low E or Thermapane windows
• Solar, geothermal, or other renewable energies for hot water or other major systems
• Ozone washing machines (no hot water)
• Use of the EnergySTART" Portfolio Manager tool to record energy usage, available through
www.energystar.gov
• Sea] air leaks in walls, ceilings, windows, doors, and floors
• Use of elastomeric cool roof coating
• Frequent filter changes for PTAC and other major appliances as per manufacturers
recommendation
• Light dimmers in common areas
Water Conservation:
• Hotel offers all guests a towel and linen re -use program (both are encouraged) via approved in-
room collateral and signage.
• Low -flow showerheads in guest bathrooms
• Low -flow toilets in guest bathrooms
• High efficiency laundry equipment
• Water - efficient landscaping around building exterior
• Use of a rain water collection system for exterior irrigation
• Use of flush -free appliance, like urinals, in appropriate locations
Recycling and Waste Reduction:
• In accordance with State or Local Recycling Laws, the hotel has a program with designated
recycling receptacles for staff and guest use. Addressable areas include common space, corridors,
vending areas, guestrooms, and back - office.
• Proper recycling efforts for bulk deliveries containers, including corrugated cardboard
• Storage of old and /or burned out fluorescent lamps, CFLs, and CRTs in a central accumulation area
to send to proper consolidation or recycling facilities
• Donate leftover edible food to food pantries or other charitable organizations in local area
• On or off -site composting for leftover food and food products
• Use of recyclable materials for to -go food containers (non- Styrofoam)
• Waste cooking oils sent for reuse to an approved DEM facility
• Purchase and store supplies in bulk to reduce package waste
• Use of proper recycling and /or removal techniques for business machines, computers, printers, ink,
and toner
• Use office paper products with 20% or more post consumer recycled content
Sustainable Product Usage:
• Use environmentally preferable cleaning products wherever possible, eliminating toxic chemicals
which are hazardous to human and environmental health
• Use some locally farmed food
• Use some organically grown foods
• Use ionization process to clean pool or other water
• Use of vacuums and cleaning device filters that have been certified for air quality control
• Use of automated hand towel dispensers in appropriate locations
• Use of toilet and tissue paper made from 100% recycled materials.
Choice recognizes that obtaining LEED Certification is achieved through whole building systems analysis
and understanding how the hotel will function as efficiently as possible. Therefore, while employing many
of these strategies may assist us in achieving LEED certification, not all will prove to be practical. As such
this list should not be considered a list of minimum requirements nor should it be considered exhaustive of
our efforts in obtaining LEED Certification.
In closing, Choice recognizes the importance of employing environmentally friendly operation and
maintenance programs on this project, and will consider all practical strategies.
Regards,
A. Rob Tessar, Jr., LEED AP
Director of Real Estate Development Services
- Choice - Hotels -- International
no0
EL SEGUNDO CITY COUNCIL
MEETING DATE: October 6, 2009
AGENDA STATEMENT AGENDA HEADING: Council Member Carl Jacobson
AGENDA DESCRIPTION:
Consideration and possible action regarding introduction and first reading of an
Ordinance amending El Segundo Municipal Code § 1 -4 -4 to allow City Council meetings
scheduled for the same date as any regular or special election as defined by Election
Code § 318 to be held on election day. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Introduce and waive first reading of the Ordinance.
2. Schedule second reading and adoption of the Ordinance on October 20, 2009
3. Alternatively discuss and take other action related to this item
ATTACHED SUPPORTING DOCUMENTS:
Draft Ordinance
FISCAL IMPACT: None
Amount Budgeted: $
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: Carl Jacobson, Council Member
REVIEWED BY:
APPROVED BY: Jack Wayt, City
BACKGROUND AND DISCUSSION:
In 2000 the City Council decided to pass Ordinance No. 1317 to change from the traditional
Tuesday meeting date on election day to moving it to the next business day. This has caused
Council Members to miss important committee assignments.
The City Clerk's office has prepared a draft ordinance amending the Municipal Code to allow
Council meetings scheduled for the same date as any election, where voters registered in El
Segundo are eligible to vote, to be held on election day.
General municipal elections are held on the second Tuesday in April of even years and will not
be affected by this amendment.
r) 44 4 1
ORDINANCE NO.
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
SECTION 1 -4 -4 RELATING TO CITY COUNCIL MEETINGS.
The City Council of the city of El Segundo does ordain as follows:
SECTION 1: El Segundo Municipal Code ( "ESMC ") § 1 -4 -4 B is amended to read as
follows:
"1 -4 -4: MEETINGS:
B. Holidays: Should the date of a regular meeting fall upon a holiday when city
hall offices are closed or on an eleetfon dat leetion as define' by
cc tie r� Code § 31 Q , and ucE2ssvta4ute fof eleetions, ��= PV+ory any registered inl Segundo —af° eligible to vote, - then the regular meeting will be
scheduled for the next succeeding business day. "
SECTION 2: 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 3: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of El Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting; and,
within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be
published or posted in accordance with California law.
SECTION 4: This Ordinance will become effective thirty (30) days following its
passage and adoption.
PASSED AND ADOPTED this day of 12009.
Kelly McDowell, Mayor
1.
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES 1 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 , 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 , 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
IC
Karl H. Berger
Assistant City Attorney
0 (4 -) 2. A. . . )
EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 2009
AGENDA STATEMENT AGENDA HEADING: Mayor Pro Tern Eric Busch
AGENDA DESCRIPTION:
Consideration and possible action to direct staff to prepare necessary documents to return
the Transient Occupancy Tax to the pre -1996 rate of 10% on the April 2010 ballot.
(Fiscal Impact: Approximately $1,053,000)
RECOMMENDED COUNCIL ACTION:
1) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: Potential
Amount Budgeted: $4,450,000 FY 2009 -2010 TOT Revenue Budget
Additional Appropriation: Yes $1,053,000
Account Number(s):
ORIGINATED BY: Deborah Cullen, Finance Director
REVIEWED BY: Eric Busch, Mayor Pro
APPROVED BY: Jack Wayt, City Mana€
BACKGROUND AND DISCUSSION:
Currently the Transient Occupancy Tax (TOT) rate for the City is 8 %. This tax rate was
decreased from 10% to 8% in April 1996 and has remained at 8% since that time.
A survey of 457 cities in California showed that the median TOT rate is 10% and the median rate
for surrounding cities is 12 %;
• 10% Hermosa Beach
• 10% Manhattan Beach
• 12% Redondo Beach
• 12% Hawthorne
• 14% Los Angeles (Westchester)
A 1% increase in the tax would increase TOT revenue by an estimated $525,000 over the FY
08/09 projected year -end revenues.
40t 1 a
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