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2010 APR 20 - CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Any writings or documents given to a majority of the City Council regarding any matter on this agenda that the City received after issuing the agenda packet, are available for public inspection in the City Clerk's office during normal business hours. Such Documents may also be posted on the City's website at www.elsegundo.org and additional copies will be available at the City Council meeting. Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 20, 2010 — 6:00 P.M. Next Resolution # 4648 Next Ordinance # 1442 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. 01 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): -0- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matters CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -1- matters 1. Represented Group: Police Support Services Employees Association (PSSEA), City Employees Association (CEA), Firefighters Association (FFA), Police Managers Association (PMA), Police Officers Association (POA), Supervisory and Professional Employees (S &P) Negotiators: Jack Wayt, Bob Hyland and Rich Kreisler CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters 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, APRIL 20, 2010 - 7:00 P.M. Next Resolution # 4648 Next Ordinance # 1442 7:00 P.M. SESSION CALL TO ORDER INVOCATION — PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson 3 U� PRESENTATIONS a. Presentation and recognition of the Election poll workers and Election night workers for their valuable services rendered to The City of El Segundo during the April 2010 Municipal Election. 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) 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. 1. Warrant Numbers 2576693 to 2576895 on Register No. 13 in the total amount of $624,167.65 and Wire Transfers from 3/26/10 through 4/8/10 in the total amount of $966,114.85. 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 04 2. Regular City Council Meeting Minutes of April 6, 2010 and Special Meeting Minutes of April 7, 2010. Recommendation — Approval. 3. Consideration and possible action regarding the adoption of Ordinance No. 1441 for a zone change from the Corporate Office (CO) Zone to the 199 North Continental Boulevard Specific Plan (NCBSP) Zone, a Zone Text Amendment, a Specific Plan, and a Development Agreement on the site located at 199 North Continental Boulevard. Applicant: JF El Segundo Owner, LLC (Fiscal Impact: $75,000 Contribution to parks and recreation capital improvement project to benefit children) Recommendation — (1) Waive second reading and adopt Ordinance No. 1441; (2) Alternatively, discuss and take other action related to this item. 4. Consideration and possible action regarding an additional thirty (30) day provisional appointment extension for the position of Interim Recreation Superintendent. (Fiscal Impact: Savings of $106,574 in Fiscal Year 2009- 2010) Recommendation — (1) Approve the additional thirty (30) day provisional appointment extension for the position of Interim Recreation Superintendent; (2) Alternatively, discuss and take other action regarding this item 5. Consideration and possible action to award a standard Public Works Contract to Mathew and Stewart Company, Inc. for the replacement of sanitary sewer mains at various locations within the Smoky Hollow Specific Plan area of the City of El Segundo. Project No.: PW 09 -09 (Fiscal Impact: $1,025,000.00) Recommendation — (1) Authorize the City Manager to execute a Standard Public Works Contract in a form as approved by the City Attorney with Mathew and Stewart Company, Inc., in the amount of $930,963.00; (2) Alternatively, discuss and take other action related to this item. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 05 G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY I. REPORTS — CITY CLERK 6. Consideration and possible action reciting the fact of the General Municipal Election held on April 13, 2010. (Fiscal Impact: None) Recommendation — (1) Read Resolution by title only; (2) Adopt Resolution; (3) Comments from Seated Council; (4) Alternatively, discuss and take other possible action related to this item. 7. Consideration and possible action regarding the administering of the Oath of Office to the Council Members Elect. (Fiscal Impact: None) Recommendation — (1) Clerk presents Certificate of election and administers oath of office to Council Members elect; (2) Comments from newly seated Council Members; (3) Alternatively, discuss and take other action related to this item. 8. Consideration and possible action regarding election of Mayor and Mayor Pro Tern by seated Council Members. (Fiscal Impact: None) Recommendation — (1) Clerk receives nominations for Mayor; (2) Mayor receives nominations for Mayor Pro Tem; (3) Alternatively, discuss and take other action related to this item. J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Brann — 0 0 Council Member Fisher - Council Member Jacobson - Mayor Pro Tern Busch - Mayor McDowell - PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. RECEPTION IMMEDIATELY FOLLOWING FOR OUTGOING AND INCOMING COUNCIL MEMBERS ADJOURNMENT POSTED: DATE: April 14, 2010 TIME: 2:50 p.m. NAME: c PRESENTATIONS a. Presentation and recognition of the Election poll workers and Election night workers for their valuable services rendered to The City of El Segundo during the April 2010 Municipal Election. POLL WORKERS: ELECTION VOLUNTEERS: Mary Shah George Bardwil Lou Kutil Maurice O'Brien Irving Erlandson Michael McDaniel Jane Dixon Judy Rameriz Kevin Coles Margie Randall Colleen Ramsey Maryam Jonas Barbara Pinchuk Mona Tobiason Marilynnn Thomas Betsy Kozykoski Blanche Heitkamp Holly Kobus Betty Combs Seane Nemeth Fran Richmond Jackie Day Carol McKinney Earthell "BUCK" Buckner Anthony Cunha Deborah Macko Chris Garrett Barbara Boots Judith Alvarez 08 V) Lu W Ir 0 s N O N 0 y Q a 0 cc CL a a LL O W F- Z O Z) ❑y Z m 7 C7 J W a O � J Q W F- LL OZ ra U ¢ Cl 3 N m N Om O m O 7 T v O a] 1�a) N m O c0 a m mN O nm O m o V a 8O pp (t� o (V Nor p OO O (N o ) o T "I (0 0 a m q m NN ,nmm Z U) lwi LL ¢ w W F ? 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T=F-2 LLU > JaU?LL3Io W J3¢ W W U a c0 W O, N a t2 T m N O O O O O O O O O O O O O O N _m a tN0 d C U N U U) y E o U) Z a p ¢ al a 3 c_ F a O f° F � N m �Q X al N Ti a at c W O N J c Cn a W o — Z 0 N W ¢S €o O o LL O O - ¢ — U U LL LLO Or wz F-- I U) OU 2 W 2 Z U 03 w 0 N Y U W S U O O N A) no N A E O N N n c U E N o cc — o m � o N O N t U U o m c n a1 h m C � N n U E U 66 W 0 11 U ¢ 0 U m 0 Q w W N a1 m N O E ui a O i. a w w II U z FII LL II Z a fD S LL ❑ ¢ \ W Q z N a nm C a U m c c °a � C U aI al 5 U N O a L_ 0 L N 3 _ DmC N a O` &ND c n y to O 5 O E m a o(C�l n � c a U C m C > N S N 4. a U m _, m v a'O O ID E m j N U N O � = o E E E' m� o E c N 0 0 0 m w 0 y m n U L a m m••�c3 ¢ ` A O T z V aa) w rnU E 16Q c N C � E =a ma O U , v 2 U w w II U z FII LL II Z a fD S LL ❑ CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 3/26/10 THROUGH 4/8/10 Date Payee Amount Description 3/29/2010 Health Comp 4,063.49 Weekly claims 3/31/2010 Health Comp 994.33 Weekly claims 3/31/2010 Unum 440.20 LTD 4/1/2010 Employment Development 4,765.66 State Taxes 4/1/2010 Employment Development 54,847.13 State Taxes 4/1/2010 IRS 248,284.66 Federal Taxes 4/2/2010 UB 4,429.97. PARS payment 4/2/2010 Manufacturers & Traders 41,979.62 457 payment Vantagepoint 4/2/2010 Federal Reserve Bank 50.00 Employee Savings Bonds 4/2/2010 Federal Reserve Bank 300.00 Employee Savings Bonds 4/2/2010 State of CA EFT 1,276.15 EFT Child support payment 4/5/2010 Cal Pers 415,199.04 Health 4/6/2010 Nationwide EFT 36,976.40 EFT 457 payment 4/7/2010 Cal Pers 92,639.13 Retirement 4/7/2010 Lane Donovan Golf Ptr 21,341.94 Payroll Transfer 3/26- 4/8/10 Workers Comp Activity 38,527.13 SCRMA checks issued 966,114.85 DATE OF RATIFICATION: 4/20/10 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: Deputy ity Tre urer Date DL&A�L 4h2- 1p Director off in_anc Date City ger D to Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. P: \City Treasurer \Wire Transfers\2010 \wire 2010 2nd Qtr \Wire Transfers 4 -8.xls 966,114.85 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 6, 2010 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 5:00 p.m. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Brann - Present Council Member Fisher - Present Council Member Jacobson - Present — arrived at 5:06 p.m. 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: Assistant City Attorney Karl Berger announced that Council would be meeting in closed session pursuant to the items listed on the agenda. CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a) -2- matter City of El Segundo vs. City of Los Angeles, et. al LASC Case No. BS094279 S & L Contracting vs. City of El Segundo, et. al. LASC Case No. BS125520 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -1- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matters MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE NO. 1 CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -1- matters. Represented Group: Police Support Services Employees Association (PSSEA), City Employees Association (CEA), Firefighters Association (FFA), Police Managers Association (PMA), Police Officers Association (POA), Supervisory and Professional Employees (S &P) Negotiators: Jack Wayt, Bob Hyland and Rich Kreisler CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters SPECIAL MATTERS: - 0- matter Council recessed at 6:40 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE NO. 2 1 � REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 6, 2010 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Father Alexei Smith, St. Andrews Russian Greek Catholic Church PLEDGE OF ALLEGIANCE — Council Member Don Brann PRESENTATIONS a. Council Member Fisher presented a Proclamation announcing April 11 -17, 2010 as "Environmental Education Week ". b. Mayor Pro Tern Busch read the Proclamation announcing the month of April 2010 as "Sexual Assault Awareness Month" and designate April 21, 2010 as "Denim Day ". C. Mayor McDowell presented a Commendation to retiring El Segundo Police Chief David Cummings and extend well wishes and much happiness to him in his retirement from the City of El Segundo Police Department. 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. Elyse Rothstein, representing South Bay Work Force Investment Board, gave a report. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE NO. 3 rL .1 Gregorio Daniel, Representative of Teamsters Local 911, stated the Union was successful in reaching an agreement with the City. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to read all ordinances and resolutions on the agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) Consideration and possible action to open a public hearing and receive testimony regarding: 1) an Environmental Assessment for a proposed Addendum to a Mitigated Negative Declaration; 2) a General Plan Amendment to change the Land Use Designation from Corporate Office to 199 North Continental Boulevard Specific Plan; 3) a Zone Change to re -zone the property from the Corporate Office (CO) Zone to the 199 North Continental Boulevard Specific Plan (NCBSP) Zone; 4) a Zone Text Amendment to establish the 199 North Continental Boulevard Specific Plan; 5) a Specific Plan to allow a maximum floor area ratio (FAR) of 0.92 for a hotel use; and 6) a Development Agreement to provide public benefits in exchange for development rights and to allow a six -story, 71,005 square -foot, 152 -room hotel at 199 North Continental Boulevard. Applicant: JF El Segundo Owner, LLC (Fiscal Impact: $75,000 Contribution to parks and recreation capital improvement projects to benefit children) Mayor McDowell state that this was the time and place to receive testimony regarding: 1) an Environmental Assessment for a proposed Addendum to a Mitigated Negative Declaration; 2) a General Plan Amendment to change the Land Use Designation from Corporate Office to 199 North Continental Boulevard Specific Plan; 3) a Zone Change to re -zone the property from the Corporate Office (CO) Zone to the 199 North Continental Boulevard Specific Plan (NCBSP) Zone; 4) a Zone Text Amendment to establish the 199 North Continental Boulevard Specific Plan; 5) a Specific Plan to allow a maximum floor area ratio (FAR) of 0.92 for a hotel use; and 6) a Development Agreement to provide public benefits in exchange for development rights and to allow a six -story, 71,005 square -foot, 152 -room hotel at 199 North Continental Boulevard. Applicant: JF El Segundo Owner, LLC. City Clerk Mortesen stated that proper notice was completed and no written communications had been received by City Clerk's Office. Greg Carpenter, Planning and Building Safety Director, gave a report. Cynthia Morgan, attorney representing Fisher Properties Group, spoke on behalf of the applicant. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE NO. 4 I r MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Busch to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Assistant City Attorney Karl Berger read by title only: RESOLUTION NO. 4647 A RESOLUTION APPROVING AN ADDENDUM TO A MITIGATED NEGATIVE DECLARATION FOR ENVIORNMENTAL ASSESSMENT NO. 844, GENERAL PLAN AMENDMENT NO. 09 -02, ZONE CHANGE NO. 09 -02, AND DEVELOPMENT AGREEMENT NO. 09 -03, TO ALLOW THE CONSTRUCTION OF A SIX STORY, 152 ROOM, 71,005 SQUARE -FOOT HOTEL AT 199 NORTH CONTINENTAL BOULEVARD. MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Brann to adopt Resolution No. 4647 approving an Addendum to a Mitigated Negative Declaration for Environmental Assessment No. 844, General Plan Amendment No. 09 -02, Zone Change No. 09 -02, Zone Text Amendment No. 09 -04, Specific Plan No. 09 -02, and Development Agreement No. 09 -03, to allow the construction of a six -story, 152 Room, 71,005 square -foot hotel at 199 North Continental Boulevard MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Assistant City Attorney Karl Berger read by title only: ORDINANCE NO. 1441 AN ORDINANCE APPROVING ZONE CHANGE NO. 09 -02, ZONE TEXT AMENDMENT NO. 09 -04, SPECIFIC PLAN NO. 09 -02, AND DEVELOPMENT AGREEMENT NO. 09 -03, ADDING EL SEGUNDO MUNICIPAL CODE (ESMC) § 15-3 - 2(A)(6) AND AMENDING ESMC §§ 15- 3 -2(A) AND 15 -3 -1 FOR THE 199 NORTH CONTINENTAL BOULEVARD SITE REZONING AND 199 NORTH CONTINENTAL BOULEVARD SPECIFIC PLAN PROJECT. Mayor Pro Tern Member Busch introduced the Ordinance. Second reading and adoption scheduled for April 20, 2010. 2. Consideration and possible action to open a public hearing and receive public testimony concerning adopting a resolution supporting the proposed issuance of Recovery Zone Facility Revenue Bonds (RZFRB) by the California Statewide Communities Development Authority (CSCDA) in an amount not to exceed $1,000,000 to finance the construction by SunEdison of a solar energy facility on the Whole Foods store located at 760 S. Sepulveda Blvd. (Fiscal Impact: None) Mayor McDowell state that this was the time and place to receive testimony regarding: adopting a resolution supporting the proposed issuance of Recovery Zone Facility MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE NO. 5 -� M J .i Revenue Bonds (RZFRB) by the California Statewide Communities Development Authority (CSCDA) in an amount not to exceed $1,000,000 to finance the construction by SunEdison of a solar energy facility on the Whole Foods store located at 760 S. Sepulveda Blvd. City Clerk Mortesen stated that proper notice was completed and no written communications had been received by City Clerk's Office. Bill Crowe, Assistant City Manager, gave a report. MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Jacobson to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 UNFINISHED BUSINESS MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Brann to adopt Resolution No. 4648 approving the issuance of Recovery Zone Facility Revenue Bonds by the California Statewide Communities Development Authority for the SunEdison California Portfolio. 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. 3. Approved Warrant Numbers 2576429 to 2576692 on Register No. 12 in the total amount of $1,486,273.54 and Wire Transfers from 3/4/10 through 3/25/10 in the total amount of $2,921,420.07. Authorized staff to release. Ratified: Payroll and Employee Benefit checks; checks released early due to contracts or agreement, emergency disbursements and /or adjustments; and wire transfers. 4. Approved Regular City Council Meeting Minutes of March 16, 2010. 5. Accepted the project as complete for pavement rehabilitation of Main Street from Mariposa Avenue to Imperial Highway. Project No.: PW 09 -11, Federal Project No.: LAES 699 (Fiscal Impact: $199,013.38) Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office. 6. Approved Change Order Number No. 1 in the amount of $216,772.09 and accepted the work as complete for the construction of the new Fire Station No. 2 at 2261 East Mariposa Avenue. Approved Capital Improvement Project. Project No.: PW 08 -06. (Fiscal Impact: $6,887,498.09) Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE NO. 6 n li 7. Approved revised Class Specification for the classification of Recreation Superintendent and approved the examination plan for Recreation Superintendent. (Fiscal Impact: None) 8. Waived the formal bidding process pursuant to the El Segundo Municipal Code §1 -7 -10 and authorized the Fire Department to purchase self- contained breathing apparatus equipment under a sole source purchase through Allstar Fire Equipment. The City will be reimbursed for these expenditures through the Urban Area Security Initiative Fiscal Year 2008 grant funding. (Fiscal Impact: $40,330.45) 9. Approved Amendment to October 1, 2007 — September 30, 2010 to the Memorandum of Understanding No. 4064 between the City of El Segundo ( "City ") and the California Teamsters, Public, Professional and Medical Employees Union, Local 911, Police Support Services Employees Bargaining Unit ( "Union "). MOTION by Council Member Brann, SECONDED by Council Member Fisher to approve Consent Agenda Items 3, 4, 5, 6, 7, 8, and 9. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 10. Consideration and possible action to approve and sign an Agreement with the South Bay Regional Public Communications Authority to provide emergency police and fire dispatch services. (FY 2010/11 Fiscal Impact: Net savings projected to be $1,382,645). A one -time start up cost of approximately $519,000.00 will occur over FY 2009/10 and 2010/11. Dave Cummings, Police Chief, gave a report. MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Jacobson to approve and sign Agreement No. 4065 with the South Bay Regional Public Communications Authority to provide emergency police and fire dispatch services. Authorized the City Manager to execute the ten (10) year Agreement. Modify the contract to define the Public Works channel as the City's channel. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 REPORTS — CITY MANAGER REPORTS — CITY ATTORNEY REPORTS — CITY CLERK REPORTS — CITY TREASURER MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE NO. 7 1� 1 REPORTS — CITY COUNCIL MEMBERS Council Member Brann — Reported on the opening of the Community Garden. Announced the El Segundo Teachers bi- annual reunion on April 24, 2010 at the Embassy Suites Hotel. Announced the exhibitions at the Da Vinci schools. Council Member Fisher — Spoke on the Broadway in the Park event. Council Member Jacobson — NONE Mayor Pro Tern Busch — Spoke on the Mayor's Good Friday Breakfast, and the Teen Center. Mayor McDowell — 11. Consideration and possible action to formally endorse the Los Angeles County Strategic Plan for Economic Development; prepared by the Los Angeles County Economic Development Corporation and adopted by the County Board of Supervisors. (Fiscal Impact: None) MOTION by Mayor McDowell, SECONDED by Jacobson to endorse the Los Angeles County Strategic Plan for Economic Development and authorize the Mayor to execute the Endorsement Form. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. — NONE MEMORIALS — NONE CLOSED SESSION — NONE ADJOURNMENT at 8:04 p.m. Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE NO. 8 Is SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL WEDNESDAY, APRIL 7, 2010 — 1:30 P.M. CALL TO ORDER — Mayor McDowell at 1:30 p.m. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Absent Council Member Brann - Absent 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 before addressing the City Council. Failure to do so is a misdemeanor and punishable by a fine of $250. SPECIAL MATTERS: -1- matter 1. Consideration and possible action to adopt a resolution authorizing the City Manager to execute California Department of Transportation (Caltrans) Master Agreements, Program Supplement Agreements, Fund Transfer Agreements and all other documents necessary for the administration of projects funded through Caltrans. (Fiscal Impact: Approximately $5,781,402 reimbursement of federal grant funds) MOTION by Council Member Fisher, SECONDED by Council Member Jacobson to read all ordinances and resolutions on the agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 3/0. MAYOR PRO TEM BUSCH AND COUNCIL MEMBER BRANN ABSENT. MOTION by Council Member Jacobson, SECONDED BY Council Member Fister to adopt Resolution No. 4648 authorizing the City Manager to execute California Department of Transportation (Caltrans) Master Agreements, Program Supplement Agreements, Fund Transfer Agreements and all other documents necessary for the administratroin of projects funded through Caltrans. (Fiscal Impact: Approximately $5,781,402 reimbursement of federal grant funds) MOTION PASSED BY UNANIMOUS VOICE VOTE. 3/0. MAYOR PRO TEM BUSCH AND COUNCIL MEMBER BRANN ABSENT. ADJOURNMENT at 1:36 p.m. Cathy Domann, Deputy City Clerk 19 EL SEGUNDO CITY COUNCIL MEETING DATE: April 20, 2010 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding the adoption of Ordinance No. 1441 for a zone change from the Corporate Office (CO) Zone to the 199 North Continental Boulevard Specific Plan (NCBSP) Zone, a Zone Text Amendment, a Specific Plan, and a Development Agreement on the site located at 199 North Continental Boulevard. Applicant: JF El Segundo Owner, LLC (Fiscal Impact: $75,000 Contribution to parks and recreation capital improvement projects to benefit children) RECOMMENDED COUNCIL ACTION: 1. Waive second reading and adopt Ordinance No. 1441; and /or 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Ordinance No. 1441 FISCAL IMPACT: $75,000 Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A dc- ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager I ' REVIEWED BY: Greg Carpenter, Director of anning and Building Safet APPROVED BY: Jack Wayt, City Manager I. Background and Discussion On April 6, 2010, the City Council adopted Resolution No. 4647 approving Environmental Assessment No. 844 to adopt an Addendum to the Mitigated Negative Declaration, implementing the Mitigation Monitoring and Reporting Program (MMRP), and approve General Plan Amendment No. 09 -02, to allow the construction of a 71,005 square foot hotel on a 1.75 acre site located at 199 North Continental Boulevard. The City Council also introduced and had first reading of an Ordinance for Zone Change No. 09 -02, Zone Text Amendment No. 09 -04, Specific Plan No. 09 -02, and Development Agreement No. 09 -03. If adopted, Ordinance No. 1441 will become effective in 30 days. P:\Planning & Building Safety \0 Planning - Old \PROJECTS (Planning) \826 - 850 \EA 844\April 20 Council Second Reading \Final Documents\EA -844 Cambria EA -844 ORD CC sr 2ndreading 042010.doc 3 ORDINANCE NO. 1441 AN ORDINANCE APPROVING ZONE CHANGE NO. 09 -02, ZONE TEXT AMENDMENT NO. 09 -04, SPECIFIC PLAN NO. 09 -02, AND DEVELOPMENT AGREEMENT NO. 09 -03, ADDING El SEGUNDO MUNICIPAL CODE (ESMC) § 15- 3- 2(A)(6) AND AMENDING ESMC §§ 15- 3 -2(A) AND 15 -3 -1 FOR THE 199 NORTH CONTINENTAL BOULEVARD SITE REZONING AND 199 NORTH CONTINENTAL BOULEVARD SPECIFIC PLAN PROJECT. The City Council of the City of El Segundo does ordain as follows: SECTION 1: The City Council finds and declares that: A. On December 1, 2009, JF El Segundo Owner, LLC, filed an application for an Environmental Assessment (EA No. 844), General Plan Amendment No. 09 -02, Zone Change No. 09 -02, Zone Text Amendment No. 09 -04, Specific Plan No. 09 -02, Development Agreement No. 09 -03, and Administrative Use Permit No. 09 -06 to re- designate and rezone an approximately 1.75 acre property at 199 North Continental Boulevard from Corporate Office (CO) Zone to 199 North Continental Boulevard Specific Plan (NCBSP) to allow construction of a six -story, 71,005 square -foot hotel with 152 rooms; B. The applications from the JF El Segundo Owner, LLC, were reviewed by the City of El Segundo Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC "); C. In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA "), the regulations promulgated thereunder (14 Cal. Code of Regulations § §15000, et seq., the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); D. An Addendum to the Initial Study /Mitigated Negative Declaration for EA No. 773 (approved by the El Segundo Planning Commission on September 25, 2008) was prepared pursuant to the requirements of CEQA Guidelines § 15164. Pursuant to CEQA, the Addendum need not be circulated for public review (CEQA § 15164(c)) however, an addendum is to be considered by the decision - making body before to making a decision on the project (CEQA § 15164(d)); E. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for March 18, 2010. Following the March 18th public hearing, the Planning Commission recommended that the City Council adopt this Ordinance; F. On April 6, 2010 the City Council held a public hearing and considered the information provided by City staff, public testimony and the applicant, JF El Segundo Owner, LLC; and G. This Ordinance and its findings are made based upon testimony and evidence presented to the Council at its April 6, 2010 hearing including, without limitation, the staff report submitted by the Department of Planning and Building Safety. SECTION 2: Factual Findings and Conclusions. The City Council finds and declares that the factual findings and conclusions set forth in Resolution No. 4647, adopted on April 6, 2010, are incorporated as if fully set forth. SECTION 3: Zone Change Findings. A. Based on the factual findings of this Ordinance, the proposed Zone Change is necessary to carry out the proposed project because the proposed General Plan Amendment would change the land use classification of the project site from Corporate Office (CO) to 199 North Continental Boulevard Specific Plan (NCBSP). The proposed Zone Change is necessary to maintain consistency with the proposed General Plan land uses designation of 199 North Continental Boulevard Specific Plan. B. ESMC Title 15 is intended to be the primary tool for implementing the goals, objectives and policies of the El Segundo General Plan. The zone change will maintain consistency with the proposed change in General Plan land use designation to 199 North Continental Boulevard Specific Plan and is also consistent with the following General Plan goals, objectives and policies discussed in Section 4 of Resolution No. 4647, adopted on April 6, 2010, which is incorporated as if fully set forth: 1. Land Use Element Policy LU4 -1.2 "all commercial facilities shall be built and maintained in accordance with Health and Safety Code requirements and shall meet seismic safety regulations and environmental regulations." 2 2. Land Use Element Objective LU4 -4 to "provide areas where development has the flexibility to mix uses, in an effort to provide synergistic relationships which have the potential to maximize economic benefit, reduce traffic impacts, and encourage pedestrian environments." 3. Land Use Element Policy LU4 -3.6 to "require landscaping, its maintenance, and permanent upkeep in all new office and mixed -use developments." 4. Land Use Element Policy LU5 -2.2 that "all outdoor storage shall be properly screened by masonry walls and landscaping." 5. Land Use Element Policy LU7 -1.2 in that "no new development shall be allowed unless adequate public facilities are in place or provided for." 6. Circulation Element Objective C1 -1 to "provide a roadway system that accommodates the City's existing and projected land use and circulation needs." 7. Circulation Element Policy C1 -1.2 to "pursue implementation of all Circulation Element policies such that all Master Plan roadways are upgraded and maintained at acceptable levels of service." 8. Circulation Element Policy C1 -1.5 to "implement roadway and intersection upgrades to full Circulation Element standards when needed to improve traffic operating conditions and to serve development." 9. Circulation Element Policy C1 -1.14 to "require a full evaluation of potential traffic impacts associated with proposed new development prior to project approval. Further, require the implementation of appropriate mitigation measures prior to, or in conjunction with, project development. Mitigation measures may include new roadway links on segments that would connect the new development to the existing roadway system, intersection improvements, and other measures. Mitigation measures shall be provided by or paid for by the project developer." 10.Circulation Element Policy C1 -3.2 to "ensure that the development review process incorporates consideration of off - street commercial loading requirements for all new projects." 3 11. Circulation Element Policy C2 -1.3 to "encourage new developments in the City to participate in the development of the citywide system of pedestrian walkways and require participation funded by the project developer where appropriate." 12. Circulation Element Policy C2 -1.4 to "ensure the installation of sidewalks on all future arterial widening or new construction projects, to establish a continuous and convenient link for pedestrians." 13. Circulation Element Policy 3 -1.1 to "require all new development to mitigate project - related impacts on the existing and future circulation system such that all Master Plan roadways and intersections are upgraded and maintained at acceptable levels of service through implementation of all applicable Circulation Element policies. Mitigation measures shall be provided by or paid for by the project developer." 14. Circulation Element Policy C3 -1.8 to "require the provision of adequate pedestrian and bicycle access for new development projects through the development review process." 15. Circulation Element Policy C3 -2.1 to "ensure the provision of sufficient on -site parking in all new development." SECTION 4: Zone Text Amendment Findings. Based on the factual findings of this Ordinance, the proposed Zone Text Amendment is necessary to carry out the proposed project to create the proposed 199 North Continental Boulevard Specific Plan (NCBSP) Zone, which would allow commercial development of the project site. Without an amendment to the ESMC, the current zoning would not permit a hotel development with a 0.92 Floor Area Ratio (FAR). An amendment to ESMC § 15- 3 -2(A) to create the 199 North Continental Boulevard Specific Plan (NCBSP) is necessary for consistency with the General Plan. Additionally, an amendment to ESMC § 15 -3 -1 to list the 199 North Continental Boulevard Specific Plan (NCBSP) Zone as a zoning classification with the City is necessary for consistency with the General Plan. SECTION 5: Specific Plan Findings. A. Based on the factual findings of this Ordinance, the proposed creation of the 199 North Continental Boulevard Specific Plan (NCBSP), which would allow commercial development of the project site, is necessary to carry out the proposed project. Without an amendment to the ESMC, the current zoning would not permit a hotel development with a 0.92 Floor Area Ratio (FAR). An 4 24 amendment to ESMC § 15- 3 -2(A) to create the 199 North Continental Boulevard Specific Plan (NCBSP) is necessary for consistency with the General Plan. Additionally, an amendment to ESMC § 15 -3 -1 to list the 199 North Continental Boulevard Specific Plan (NCBSP) Zone as a zoning classification with the City is necessary for consistency with the General Plan. The General Plan Land Use Designation of the project site is 199 North Continental Boulevard Specific Plan (NCBSP). This designation is for hotels not to exceed 0.92 floor area ratio (FAR), and general office, research and development, restaurants and cafes, medical - dental offices, not to exceed 0.80 floor area ratio (FAR). SECTION 6: Development Agreement Findings. Pursuant to City Council Resolution No. 3268, adopted June 26, 1984, the City Council finds that: A. The project is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan. The Development Agreement would provide the following public benefits in exchange for valuable development rights (eight -year entitlement): 1. Development of a property that is currently vacant and underutilized. 2. Increasing and further stabilizing the City's tax base through development of a new hotel. 3. Increase in employment opportunities for the City's residents. 4. Increasing City revenues through the generation of taxes that outweigh the City cost of services. 5. Development of a project that is consistent with the Elements of the General Plan. 6. Development of a Leadership in Energy and Environmental Design (LEED) Certified building. 7. Improvements to roadways and intersections in the project vicinity. 8. Contribution of $75,000 to the Recreation and Parks Department for capital improvement projects that will benefit children. 9. Contribution of $19,881.40 in police, fire, and library mitigation fees to offset the impacts of the project on public services, or such amount as may be required when the City issues certificates of occupancy. 10. Contribution of $217,940.00 in traffic impact mitigation fees (Zone 1 $2,564 per PM peak trip) traffic impact mitigation fees to offset the impacts of the project on public roadway infrastructure, or such amount as may be required when the City issues certificates of occupancy. 5 2 B. The project is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. The proposed project includes a new land use designation and zoning classification, which establishes the permitted uses and development standards that would apply to the project. These uses and development standards are similar and compatible with the other commercially zoned districts in the City. C. The project will not be detrimental to the health, safety and general welfare. The proposed project will not create any negative environmental impacts. The mitigation measures listed in the mitigated negative declaration are sufficient to reduce all identified environmental impacts to less than significant levels. D. The project will not adversely affect the orderly development of property or the preservation of property values. The proposed 199 North Continental Boulevard Specific Plan development standards and development agreement will ensure that the project will be developed in an orderly fashion. All mitigation measures will be implemented at the time and place impacts occur. SECTION 7: Approvals. A. The City Council adds ESMC § 15- 3- 2(A)(6) to read as follows: "6. 199 North Continental Boulevard Specific Plan There is one zone intended to be used within the boundaries of the 199 North Continental Boulevard Specific Plan. The zone is: NCBSP - 199 North Continental Boulevard Specific Plan" B. The City Council amends the current Zoning Map to reflect a change of the Project area which is bounded by and fronts on North Continental Boulevard to the east; 101 North Continental Boulevard to the south and west, and 201 North Continental Boulevard to the north from Corporate Office (CO) to 199 North Continental Boulevard Specific Plan. The corresponding changes to the Zoning Map as set forth in attached Exhibit "A," which is incorporated into this Ordinance by reference. C. The City Council adopts the 199 North Continental Boulevard Specific Plan, as set forth in attached Exhibit "B," which is incorporated into this Ordinance by reference. 6 <_' D. The City Council adopts the Development Agreement by and between the City of El Segundo, and JF EL Segundo Owner, LLC, as set forth in attached Exhibit "C," which is incorporated into this Ordinance by reference. SECTION 8: Environmental Assessment. Resolution No. 4647 adopted an Addendum to previously adopted Initial Study /Mitigated Negative Declaration (IS /MND) for this Project which, among other things, properly assesses the environmental impact of this Ordinance, and the Project, in accordance with CEQA. This Ordinance incorporates by reference the environmental findings and analysis set forth in Resolution No. 4647. SECTION 9: Repeal or amendment of any provision any penalty, forfeiture, or liability incurred before o imposition of penalties for any violation occurrin effective date. Any such repealed part will remain sustaining action or prosecuting violations occurring this Ordinance. of the ESMC will not affect preclude prosecution and before this Ordinance's in full force and effect for )efore the effective date of SECTION 10: 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 11: 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. 7 �= SECTION 12: Effective Date. This Ordinance will become effective on the thirty - first (31st) day following its passage and adoption. PASSED, APPROVED AND ADOPTED this 20th day of April 2010. Kelly McDowell, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1441 was duly introduced by said City Council at a regular meeting held on the 6th day of April 2010, 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 20th day of April 2010, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Karl H. Berger, Assistant City Attorney PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \826 - 850 \EA 844Wpril 20 Council Second Reading \Final Documents\ EA -844. CC. Ordinance. 04.20.10.doc 8 199 North Continental Boulevard Proposed Zone Change City of El Segundo Zoning Map Prepared for: JF El Segundo Owner, By The City Of El Segundit March 2010 • a ilk w r 199 NORTH CONTINENTAL BOULEVARD SPECIFIC PLAN SPECIFIC PLAN No. 09-02 EL SEGUNDO, CALIFORNIA APPLICANT JF EL SEGUNDO OWNER, LLC PREPARED BY TRAYCI NELSON CITY OF EL SEGUNDO DEPARTMENT OF PLANNING AND BUILDING SAFETY MARCH 2010 J �� TABLE OF CONTENTS SECTION PAGE 1.0 SUMMARY ......................................................................................... ..............................1 1.1 PURPOSE AND AUTHORITY ................................................................. ..............................1 1.2 PROJECT HISTORY ............................................................................. ..............................2 1.3 PROJECT DESCRIPTION ...................................................................... ..............................2 1.4 CEOA COMPLIANCE .......................................................................... ..............................3 1.5 CURRENT GENERAL PLAN AND ZONING .............................................. ..............................3 2.0 PHYSICAL ENVIRONMENT ................................................................... ..............................4 2.1 PROJECT LOCATION AND ADJACENT LAND USES ................................ ..............................4 2.2 CIRCULATION .................................................................................... ..............................5 2.3 UTILITIES AND INFRASTRUCTURE ........................................................ ..............................5 3.0 LAND USE AND DEVELOPMENT STANDARDS ....................................... ..............................5 4.0 IMPLEMENTATION AND ADMINISTRATION ............................................. ..............................8 4.1 GENERAL ADMINISTRATION ................................................................ ..............................8 4.2 RELATIONSHIP TO THE ESMC ............................................................ ..............................8 4.3 AMENDMENT ...................................................................................... ..............................8 TABLES 1 PROJECT COMPARISON ...................................................................... ..............................2 2 DEVELOPMENT THRESHOLDS ............................................................. ..............................3 FIGURES 1 CAMBRIA SUITES HOTEL .................................................................... ..............................2 March 2010 199 North Continental Boulevard Specific Plan City Of El Segundo 0) 4 01- TABLE OF CONTENTS FIGURES PAGE 2 CURRENT GENERAL PLAN .................................................................. ..............................3 3 CURRENT ZONING DESIGNATIONS ....................................................... ..............................4 4 RELIEF MAP ...................................................................................... ..............................4 5 LOCATION MAP .................................................................................. ..............................4 6 AERIAL VIEW FROM THE SOUTHWEST ................................................. ..............................4 March 2010 199 North Continental Boulevard Specific Plan City Of El Segundo 199 NORTH CONTINENTAL BOULEVARD SPECIFIC PLAN 1.0 SUMMARY This Specific Plan has been prepared to allow flexibility in the development of a hotel or development of other uses consistent with the adjacent zoning district. The 199 North Continental Boulevard Specific Plan provides detailed text and exhibits which describes the hotel project and the improvements that are envisioned to occur within the project. The Specific Plan will guide the build - out of the project site in a manner that is consistent with City and State policies and standards and ensures that the project is developed in a coordinated manner. 1.1 PURPOSE AND AUTHORITY The purpose of this Plan is to provide a foundation for the proposed land uses on the subject property through the application of regulations, standards and design guidelines. The 199 North Continental Boulevard Specific Plan provides text and exhibits which describe the proposed land uses and associated guidelines. This Specific Plan must be adopted in accordance with the provisions of Government Code §§ 65450 through 65457, which grants local governments authority to prepare Specific Plans of development for any area regulated by a General Plan. Government Code §§ 65450 through 65454 establishes the authority to adopt a Specific Plan, identifies the required contents of a Specific Plan, and mandates consistency with the General Plan. According to Government Code § 65450, a Specific Plan must include text and a diagram or diagrams which specify all of the following in detail: The distribution, location, and extent of the uses of land, including open space within the area covered by the plan. The proposed distribution, location, extent, and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy and other essential facilities proposed to be located within the land area covered by the plan and needed to support the land uses described in the plan. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. A program of implementation measures including regulations, programs, public works projects and financing measures necessary to carry out the above items. A discussion of the relationship of the Specific Plan to the General Plan. A thorough review of the El Segundo General Plan shows that this Specific Plan is compatible and consistent with the goals and policies outlined in the General Plan. This Specific Plan will further the goals and policies of the General Plan. This Specific Plan was prepared to provide the essential relationship between the policies of the El Segundo General Plan and actual development in the project area. By functioning as a regulatory document, the 199 North Continental Boulevard Specific Plan provides a means of implementing and detailing the City of El Segundo's General Plan. All future development plans and entitlements within the Specific Plan boundaries must be consistent with the standards set forth in this document. March 2010 199 North Continental Boulevard Specific Plan City Of El Segundo 1,-) 0 1.2 PROJECT HISTORY On September 25, 2008, the El Segundo Planning Commission approved Environmental Assessment No. EA 733 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 (new address of 199 North 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 Zone. In August 2009, JF El Segundo Owner, LLC, submitted a new project requesting minor modifications to the original approval. 1.3 PROJECT DESCRIPTION The 1.75 acre 199 North Continental Boulevard Specific Plan area is paved with parking and was originally part of a larger 10.58 acre site which included the 101 Continental Boulevard property. A lot line adjustment created the 1.75 acre plan area. The project consists of a 71,005 square foot, 152 - room hotel with a 0.92 FAR; essentially a slightly larger hotel with a smaller footprint and overall building mass. Figure 1 Cambria Suites Hotel The revised project is similar to the original project and has some additional benefits: (1) the project generates fewer vehicle trips; (2) provides more favorable economic development; and (3) provides better hotel amenities. This Specific Plan implements the desire to support the revised project with an FAR in excess of that permitted by the Corporate Office (CO) Zone. A comparison is shown in Table 1; differences are highlighted in bold text. Table 1 Project Com arison rijft�r WWPA t; Construct a Construct a six- + 9,901 ,��. '� six -story, 61, story, S.F. s� , , 104 square- 71, 005 square - k..�� Yr foot hotel foot hotel 1.75 acre site 1.75 acre site N/C k (76,370 (76,370 square square feet) feet) „ 0.80:1 0.92:1 +.12 r 167 Rooms 152 Rooms -15 Rooms N 304 Square- 344 Square -feet +40 S.F. feet 1,257 Square- +678 S.F. 579 Square- n z feet feet 3 Conference +617 S.F. 1 Conference xr Room @ 690 Rooms @ 1,307 Square -feet Square -feet .:, total 1,059 S.F. 1,625 S.F. +566 S.F. 150 plus 2 139 parking -11 E loading spaces plus 2 spaces loading spaces (41 Parking spaces) N/A LEED Certified As noted Bldg. & $75,000 ,< s contribution to `x public park/ recreation capital ` improvement project (to benefit March 2010 199 North Continental Boulevard Specific Plan City Of El Segundo J `'fit 199 NORTH CONTINENTAL BOULEVARD SPECIFIC PLAN 1.4 CEQA COMPLIANCE Under the original proposal (Aloft Hotel), the El Segundo Planning Commission adopted an Initial Study /Mitigated Negative Declaration (IS /MND) pursuant to CEQA § 15070. Since the project underwent minor modifications, the City prepared an addendum to the original IS /MND. Pursuant to CEQA, an addendum to an adopted Negative Declaration or Mitigated Negative Declaration is needed if minor technical changes or modifications to the proposed project occur (CEQA Guidelines § 15164) and only if those minor changes do not result in any new significant impacts or a substantial increase in the severity of previously identified significant impacts. The addendum need not be circulated for public review (CEQA guidelines § 15164[c]); however, an addendum must be considered by the decision - making body before making a decision on the project (CEQA Guidelines § 15164[d]). An addendum for the revised Project was prepared and found that the project revisions do not result in significant modifications. Thus, the Initial Study /Mitigated Negative Declaration prepared for the previously approved project located on this same site, with addendum, will serve as the CEQA documentation for the 199 North Continental Boulevard Specific Plan. This environmental review is also applicable to future hotel development projects that are processed in conformance with this Specific Plan, thus requiring no further environmental documentation as noted in Sections 15162 of the State CEQA Guidelines. The document establishes the following development thresholds shown in Table 2 below. Table 2 Develonment Thresholds IS/MND Addendum Gross Floor Area Hotel 71,005 with a 0.92 floor area ratio FAR All other permitted uses As determined by the allowed by the 199 0.80 floor area ratio North Continental (FAR) Boulevard Specific Plan The Addendum to the Mitigated Negative Declaration analyzes the effects of a 71,005 square -foot hotel development with a 0.92 FAR. All other development within the Specific Plan area is subject to the requirements of the California Environmental Quality Act. 1.5 CURRENT GENERAL PLAN AND ZONING E GRAND AVE E EL SEGUNDO BLVD Figure 2 General Plan Land Use Element CORPORATE OFFICE LIGHT INDUSTRIAL Willi OPEN SPACE _ PARKING CORPORATE OFFICE The El Segundo General Plan land use classification and the zoning district designate the property as Corporate Office. This designation is intended to allow for general office and hotel uses and a mixture of food - serving uses with limited retail uses. March 2010 199 North Continental Boulevard Specific Plan City Of El Segundo 5a 0 m 0 7 m z enmev.rn IYlflfn heal E GRAND AVE E EL SEGUNDO BLVD Figure 3 Zoning Designations Com to Office (CO) Light MenutwWrinq (M -1) Open Space (O S) f 2.0 PHYSICAL ENVIRONMENT w z O The 1.75 acre project site slopes gently west and varies in elevation from approximately 117 feet to 134 feet above mean sea level, from west to east. Figure 4 Relief Map 2.1 PROJECT LOCATION AND ADJACENT LAND USES Regionally, the subject site is located in the northeast portion of the City of El Segundo, approximately one mile north of the boundary with the City of Manhattan Beach. The project site is approximately one - quarter mile east of Sepulveda Boulevard (Highway 1), one mile west of the San Diego Freeway (Interstate 405), and one mile south of Los Angeles International Airport (LAX). Figure 5 Location Map Locally, the project site is located on the northwest corner of El Segundo Boulevard and Continental Boulevard, immediately north of and adjacent to a 16 -story office tower currently occupied by Northrop Grumman. Various commercial, hotel, general office, light industrial uses, and associated parking lots surround the site. Figure 6 Aerial View from the Soutnwest March 2010 199 North Continental Boulevard Specific Plan City Of El Segundo 4 LOS AN G E L E S IMPERIALMM' IMPEMALAVE MAPLEAVE z w GRAND AVE O O V Oo — —.J 0 EL SEGUFDO BLVD o� G, r w H A R T H R M E 0 11 '` ROSECRANSAVE B E A C H MANHATTAN Figure 5 Location Map Locally, the project site is located on the northwest corner of El Segundo Boulevard and Continental Boulevard, immediately north of and adjacent to a 16 -story office tower currently occupied by Northrop Grumman. Various commercial, hotel, general office, light industrial uses, and associated parking lots surround the site. Figure 6 Aerial View from the Soutnwest March 2010 199 North Continental Boulevard Specific Plan City Of El Segundo 4 2.2 CIRCULATION exceed any assumptions for either population or commercial growth in the region. Access to the Specific Plan area will be via two driveways. Primary access would be from Continental Boulevard and secondary access would be from El Segundo Boulevard. A reciprocal access agreement is in place with the adjacent office tower for shared driveway access. Additionally, the existing westbound through lane at the intersection of El Segundo Boulevard and Continental Boulevard must be re- striped and converted to a right -turn only lane with signage. 2.3 UTILITIES AND INFRASTRUCTURE A. Water Service Water service is provided by the City Of El Segundo Public Works Department, Water Division and is currently available within the Specific Plan Area. A 16 -inch water line is available for use within Continental Boulevard located immediately east of the site. Additionally, south of the site and along El Segundo Boulevard there are several water lines ranging from 12- inches to 24- inches and a 42 -inch reclaimed water line. A 6 -inch reclaimed water line is currently under construction on Continental Boulevard between El Segundo Boulevard and Grand Avenue. The construction is scheduled for completion in May 2010. B. Sewer Service Sewer service within the project area which is east of Sepulveda Boulevard is provided by the Los Angeles County Sanitation District. Service connections can be made to the existing 21 -inch sewer line traversing Continental Boulevard via one of the 12 -inch lateral connections. C. Solid Waste Disposal Solid waste disposal is provided to commercial and industrial users by a variety of private haulers. Development within the Plan area would contract with a provider. Landfill capacity is adequate for the assumed population and commercial growth within Los Angeles County. The 199 North Continental Boulevard Specific Plan would not D. Gas Service Gas service is provided by Southern California Gas Company. There is an existing 6 -inch gas line located within Continental Boulevard and a 12 -inch and 20 -inch line within El Segundo Boulevard. E. Electric/Telephone and Cable Service Electric service is provided by Southern California Edison via existing underground lines along Continental Boulevard and El Segundo Boulevard. Telephone service is provided by AT & T and Sprint via existing lines in adjacent streets and cable service is provided by Time Warner Cable. F. Fire Suppression The El Segundo Fire Department (ESFD) provides fire protection services and emergency medical service to the City. The Specific Plan area is approximately one - quarter mile(s) from the newly constructed Fire Station 2 which is located within the Corporate Campus Specific Plan project area. The provision of water for fire suppression is available from existing water lines via adjacent hydrants. G. Drainage On -site drainage must comply with National Pollution Discharge Elimination System (NPDES) requirements. 3.0 LAND USE AND DEVELOPMENT STANDARDS The 199 North Continental Boulevard Specific Plan must be- administered in accordance with the El Segundo Municipal Code ( "ESMC"), except as noted herein. A. Permitted Uses The following uses are permitted in the 199 North Continental Boulevard Specific Plan: 1. Hotels not to exceed 0.92 FAR. 2. General offices. 3. Medical - dental offices. March 2010 199 North Continental Boulevard Specific Plan City Of El Segundo 4. Public uses, including, but not limited to fire and police stations, post offices and libraries. 5. Recreational facilities (public and private). 6. Research and development uses. 7. Restaurants and cafes. 8. Other similar uses approved by the Director of Planning and Building Safety, as provided by ESMC Chapter 15 -22. B. Permitted Accessory Uses 1. Any use customarily incidental to a permitted use. 2. Cafes. 3. Limited support service retail uses. 4. Other similar uses approved by the Director of Planning and Building Safety, as provided by ESMC Chapter 15 -22. C. Uses Subject to an Administrative Use Permit 1. The off -site sale of alcohol at limited support service retail establishments as an accessory use. 2. The on -site sale and consumption of alcohol at restaurants. 3. Other similar uses approved by the Director of Planning and Building Safety, as provided by ESMC Chapter 15 -22. D. Prohibited Uses The following uses are prohibited in the 199 North Continental Boulevard Specific Plan: 1. Drive - through restaurants. 2. Freight forwarding. 3. Helicopter landing facilities. 4. Service stations. 5. Video Arcades. E. Site Development Standards The 199 North Continental Boulevard Specific Plan standards apply to all uses in the Plan area. Where the Specific Plan does not regulate, new development must comply with the applicable sections of the ESMC. Otherwise, this Specific Plan regulates the primary development guidelines for the Specific Plan area. 1. General Provisions The development standards of the Specific Plan are intended to be consistent with the adjacent Corporate Office (CO) Zone with the added flexibility to allow the development of a hotel use with a 0.92 floor area ratio. 2. Lot Area The minimum lot area is 10,000 gross square feet. 3. Height No building or structure can exceed two hundred feet (200'). 4. Setbacks a. Front Yard. twenty five feet (25') minimum b. Side Yard. Fifteen feet (15') minimum, unless one of the following exists: i. If the side yard adjoins a dedicated street, a minimum of twenty five feet (25') must be provided; ii. If the side yard abuts a property with a different classification, the side yard setbacks must be the average of the two (2) side yard setbacks, but not less than ten feet (10'). c. Rear Yard. Ten feet (10'), unless one of the following conditions exists: i. If the rear yard adjoins an alley, dedicated street, public right of way, or if the primary access is through the rear yard, a minimum of twenty five feet (25') must be provided; ii. If the rear yard abuts a property with a different classification, the rear yard setbacks must be the average of the two (2) rear yard setbacks, but not less than ten feet (10'). 5. Lot Frontage Each Lot must have a minimum frontage on a street of one hundred feet (100'). March 2010 199 North Continental Boulevard Specific Plan City Of El Segundo -, Q 6 6. Building Area/Floor Area Ratio (FAR) a. Hotels: The total net floor area of all buildings cannot exceed the total net square footage of the property multiplied by 0.92. b. Other Uses: The total net floor area of all buildings cannot exceed the total net square footage of the property multiplied by 0.80. 7. Walls and Fences All walls and fences must comply with the provisions of ESMC § 15- 5E -7(G) and § 15 -2 -4. Decorative masonry, open work wrought iron and similar materials are permitted. The use of chain link and razor wire is prohibited. 8. Access All development projects must provide adequate access and facilities for various modes of transit. All development projects must comply with the City's transportation demand management program, ESMC Chapter 15 -16. In addition, all development projects must provide pedestrian access between buildings and transit facilities located on site and /or off site, if within adjoining public rights -of -way. If the building is part of a multi - building development project, then pedestrian access must be provided between buildings. 9. Landscaping Landscaping must be provided as required by ESMC Chapters 10 -2 and 15 -2. 10. Off - Street Parking and Loading Spaces Off - street parking and loading spaces must be provided as required by ESMC Chapter 15 -15. 11. Signs Signs located in the Specific Plan area must comply with the requirements of ESMC Chapter 15- 18 except as follows: Not more that two off site monument signs are allowed: one at the El Segundo Boulevard entrance and one at the Continental Boulevard entrance. These two signs must March 2010 comply with all other requirements of ESMC Chapter 15 -18. F. Design Features for Hotels The following minimum features must be included in all hotels within the Plan area: 1. Hotels must include a minimum of 1,000 square feet of meeting room space. 2. Hotels must include a minimum of 1,000 square feet of indoor fitness facilities. 3. Hotels must include outdoor recreational amenities, including a minimum of one of the following: pool, spa, tennis court, racquetball court, or similar recreational or athletic facilities, as approved by the Director of Planning and Building Safety. 4. Hotels must include a restaurant or cafe for hotel patrons. G. Design Standards The following minimum design standards must be incorporated in all projects within the Plan area: 1. All colors, textures, and materials on exterior elevation(s) must be coordinated to achieve a continuity of design. 2. Exterior building materials and design must be contemporary in nature and compatible with developments in the vicinity. 3. The buildings must have contrasting accent features that use at least two primary exterior building , materials (including, without limitation, stucco, stone, rock, and brick) and /or two exterior colors. 4. Building materials must be of non - reflective coatings and glazings and windows must use low- reflectivity glass. 5. Plans must be reviewed and approved by the Director of Planning and Building Safety 199 North Continental Boulevard Specific Plan City Of El Segundo 3 :1 for compliance with the Design Standards specified in Section 3(G) of this Plan. If the Director finds that such plans are noncompliant, an applicant may appeal that decision in accordance with the ESMC. H. Phasing All development projects must be completed in one phase of construction. 4.0 IMPLEMENTATION AND ADMINISTRATION A. Procedures In order to implement the Specific Plan, review and approval of the following applications is required: B. General Plan Amendment A General Plan Amendment (GPA 09 -02) is required to change the land use designation from Corporate Office (CO) to Specific Plan. C. Specific Plan The 199 North Continental Boulevard Specific Plan rezones the project area to Specific Plan and thereby establishes this Specific Plan (SP 09 -02) as the regulatory document governing the development of the site. The Specific Plan requires Planning Commission recommendation to City Council. D. Addendum to Mitigated Negative Declaration An Addendum to the previously adopted Mitigated Negative Declaration must be considered by the decision - making body before making a decision on the project. E. Zone Change and Zone Text Amendment A Zone Change (ZC 09 -02) to create the Specific Plan designation to replace the existing Corporate Office (CO) Zone designation and a Zone Text Amendment (ZTA 09 -04) to add the 199 North Continental Boulevard Specific Plan to ESMC § 15- 3-1 and 15 -3 -2 is required. Both require City Council approval. F. Development Agreement A Development Agreement (DA 09 -03) is required. 4.1 GENERAL ADMINISTRATION The 199 North Continental Boulevard Specific Plan must be administered and enforced by the City of El Segundo in accordance with the ESMC. A. Administrative Determinations Administrative Determinations must comply with ESMC Chapter 15 -22. B. Land Use Determinations The Director of Planning and Building Safety may grant administrative determinations related to uses in accordance with ESMC Chapter 15 -22. 4.2 RELATIONSHIP TO THE ESMC This Specific Plan augments the development regulations and standards of the City of El Segundo's zoning regulations. When an issue, condition or situation occurs which is not covered or provided for in this Specific Plan, the zoning regulations that are most applicable to the issue, condition or situation apply. Therefore, the Corporate Office (CO) zoning would apply. This Specific Plan supersedes any conflict with ESMC zoning regulations. 4.3 AMENDMENT In accordance with the Government Code §§ 65450- 65457, Specific Plans must be prepared, adopted and amended in the same manner as General Plans except that Specific Plans may be adopted by resolution or by ordinance. This plan may be amended as necessary in the same manner it was adopted, by ordinance. Said amendment or amendments do not require a concurrent General Plan amendment unless the Director of Planning and Building Safety determines March 2010 199 North Continental Boulevard Specific Plan City Of El Segundo 408 that the proposed amendment would substantially affect General Plan goals, policies, objectives or programs. March 2010 199 North Continental Boulevard Specific Plan City Of El Segundo 9 41 EL SEGUNDO CITY COUNCIL MEETING DATE: April 20, 2010 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding an additional thirty (30) day provisional appointment extension for the position of Interim Recreation Superintendent. (Fiscal Impact: Savings of $106,574 in Fiscal Year 2009 -2010) RECOMMENDED COUNCIL ACTION: 1. Approve the additional thirty (30) day provisional appointment extension for the position of Interim Recreation Superintendent. 2. Alternatively, discuss and take other action regarding this item ATTACHED SUPPORTING DOCUMENTS: El Segundo Municipal Code, Section 1 -6 -13 FISCAL IMPACT: Budget Adjustment Required Amount Budgeted: $212,450 Additional Appropriation: N/A Account Number(s): 001- 400 -5201 -4101 ORIGINATED BY: Bob Cummings, Recreation and Parks Director REVIEWED BY: Bill Crowe, Assistant City, ` anager APPROVED BY: Jack Wayt, City Manager �y�11 BACKGROUND AND DISCUSSION: On March 16, 2010, Council approved a thirty (30) day provisional appointment extension for the position of Interim Recreation Superintendent. The approved extension is through May 1, 2010. Recreation Supervisor Jeff Van Fossen has been performing the responsibilities of the position since the beginning of this fiscal year (October 1, 2009) at a cost savings of $82,892 to date. I would like to continue to utilize the provisional Interim Recreation Superintendent position through June 2010 until an eligibility list can be established for the position. The additional cost savings is $11,842 per month. In accordance with El Segundo Municipal Code Section 1- 6- 13(c), no person shall be employed by the City under provisional appointment for more than six (6) months in any fiscal year. The Code further states the provisional appointment may be extended for not more than thirty (30) days with Council approval. Therefore, I am requesting a thirty (30) day extension through June 1, 2010. If approved, staff plans to return to Council to request additional authorization to continue this appointment through June 2010. 4 1 -6 -13: APPOINTMENT IN CLASSIFIED SERVICE: A. Basis For Appointments: Appointments and promotions to vacant positions in the classified service shall be based on merit and fitness to be ascertained insofar as practicable by competitive examination. Appointments and promotions shall be made by the City Manager upon recommendation of the various department heads. B. Names Transmitted By Personnel Officer: When appointments and promotions are to be made to vacancies in the classified service, the names of the highest eligible persons willing to accept appointment shall be transmitted by the Personnel Officer to the department head in the order in which they appear on the list as follows: for one vacancy the names of three (3), for two (2) or secondary vacancies the names of five (5), for each additional or each subsequent vacancy, three (3) additional names shall be submitted and appointment shall be limited to any of these eligible persons. C. Provisional Appointment: In the absence of appropriate employment lists, a provisional appointment may be made of a person meeting the qualifications established for the classification. Any employment list shall be established within six (6) months, for any permanent position filled by provisional appointment. No person shall be employed by the City under provisional appointment for a total of more than six (6) months in any fiscal year except that the City Manager may, with approval of the City Council, extend the period of any provisional appointment for not more than thirty (30) days by any one action. D. Special Credit Not Allowed: No special credit shall be allowed in any examination or the establishment of any employment or promotional lists, for service rendered under a provisional appointment. E. Temporary Appointments: Appointments to temporary, emergency and seasonal positions may but need not be made from eligible lists and those appointed shall not be in the classified service. Appointments of this type shall include temporary employment for the replacement of employees on leave of absence other than military leave, or vacation, emergency appointments to meet emergencies which threaten life, property or the general welfare of the City, or for work seasonal in nature. F. Filling Vacancy During Suspension: During the period of suspension of any employee, or pending final action on proceedings to review the suspension, demotion or dismissal of an employee, the vacancy created may be filled only by temporary appointment. G. Transfer: With the approval of the City Manager, an employee may be transferred by the department head from one position to another position in the same class or a comparable class at the same salary level. If the transfer involves a change from one department in the classified service to another department in the classified service, the department heads and the employee involved must consent thereto before the action shall be considered effective. Transfers shall not serve to affect in any way the status, rights and privileges of an employee 43 under this Chapter. H. Reinstatement: The department head may, with the approval of the City Manager, reinstate to a vacant position any person who has resigned in good standing to a position in a class or equivalent class in which he had acquired status in the classified service; provided, that the reinstatement is accomplished within one year of the date of resignation. A reinstatement may, at the discretion of the department head, take precedence over any employment list except a re- employment list. (Ord. 586, 4 -10 -1962) 44 EL SEGUNDO CITY COUNCIL MEETING DATE: April 20, 2010 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to award a standard Public Works Contract to Mathew and Stewart Company, Inc. for the replacement of sanitary sewer mains at various locations within the Smoky Hollow Specific Plan area of the City of El Segundo. Project No.: PW 09 -09 (Fiscal Impact: $1,025,000.00) RECOMMENDED COUNCIL ACTION: Authorize the City Manager to execute a Standard Public Works Contract in a form as approved by the City Attorney with Mathew and Stewart Comapny, Inc., in the amount of $930,963.00. 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: Included in Adopted Budget Amount Requested: $1,025,000.00 Additional Appropriation: No Account Number(s): 301 - 400 - 8204 -8317 r- ORIGINATED BY: Maryam M. Jonas, Principal Engineer REVIEWED BY: Stephanie Katsouleas, Public Works Director APPROVED BY: Jack Wayt, City Manager BACKGROUND AND DISCUSSION: On November 3, 2009, the City Council authorized staff to advertise for the replacement of sanitary sewer mains at various locations throughout the Smoky Hollow area of the City of El Segundo. The project calls for replacing 6,325 lineal feet of deteriorated vitrified clay sewer pipe and rehabilitating an additional 1,475 lineal feet of sanitary sewer lines using a trenchless lining system. On February 16, 2010, the City Clerk received and opened sixteen (16) bids as follows: 1. Mathew and Stewart Co. Inc. $ 930,963.00 2. Miramontes Construction Co., Inc. $1,050,384.00 3. John T. Malloy, Inc. $1,174,065.00 4. Nikola Corporation $1,186,797.00 5. Y & M Construction, Inc. $1,197,992.00 6. Ramona, Inc. $1,202,789.00 5 7. Vasilj Inc, $1,220,718.50 8. Colich & Sons, L.P. $1,286,815.00 9. Cedro Construction, Inc. $1,345,608.00 10. Sully- Miller Contracting Co. $1,349,170.00 11. Mike Bubalo Construction Co., Inc. $1,380,547.00 12. Minako America Corporation $1,424,445.00 13. Kana Pipeline, Inc. $1,599,350.00 14. Williams Pipeline Contractors, Inc. $1,799,876.00 15. Blois Construction Inc. $1,851,636.00 16. Clarke Contracting Corporation $2,255,143.00 Staff recommends awarding the contract to the lowest responsible bidder, Mathew and Stewart Company, Inc. for $930,963.00. Mathew and Stewart Company, Inc. references were verified to confirm their successful experience with similar projects. The total amount of $1,025,000 requested includes both the contract amount and an additional $94,037.00 for contingencies. The Environmental Protection Agency (EPA) awarded the City $833,500 for this project. The grant requires a cost sharing match of 55% EPA to 45% City. The match requirement of $684,955 is available from the El Segundo Sewer Enterprise Fund. EL SEGUNDO CITY COUNCIL MEETING DATE: April 20, 2010 AGENDA STATEMENT AGENDA HEADING: City Clerk AGENDA DESCRIPTION: Consideration and possible action reciting the fact of the General Municipal Election held on April 13, 2010. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: (1) Read Resolution by title only; (2) Aopt Resolution; (3) Comments from seated Council; (2) Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Draft Resolution FISCAL IMPACT: None Amount Budgeted: $ Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Cathy Z a REVIEWED BY: Cindy APPROVED BY: Jack Wayt, City Ma BACKGROUND AND DISCUSSION: The regularly scheduled Municipal Election for City Council was held on April 13, 2010 for two (2) Council Seats and Measurers N & M. Staff recommends Council adopt the Resolution declaring the results. Resolution will be provided prior to the Council Meeting. /1" 6 EL SEGUNDO CITY COUNCIL MEETING DATE: April 20, 2010 AGENDA STATEMENT AGENDA HEADING: City Clerk AGENDA DESCRIPTION: Consideration and possible action regarding the administering of the Oath of Office to the Council Members Elect. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: (1) Clerk presents Certificate of election and administers oath of office to Council Members elect; (2) Comments from newly seated Council Members; (3) Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: None Amount Budgeted: $ Additional Appropriation: No Account Number(s): ORIGINATED BY: Cathy D Q REVIEWED BY: Cindy Mo APPROVED BY: Jack W , ity Maj BACKGROUND AND DISCUSSION: Election Code Section 10265 states that the Elections Official (City Clerk) shall immediately sign and deliver to each person elected a certificate of election. He or she shall also administer to each person elected the oath of office prescribed in the California Constitution. 4 B EL SEGUNDO CITY COUNCIL MEETING DATE: April 20, 2010 AGENDA STATEMENT AGENDA HEADING: City Clerk AGENDA DESCRIPTION: Consideration and possible action regarding election of Mayor and Mayor Pro Tem by seated Council Members. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: (1) Clerk receives nominations for Mayor; (2) Mayor receives nominations for Mayor Pro Tem; (3) Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Copy of Government Code Section 36801 FISCAL IMPACT: None Amount Budgeted: $ Additional Appropriation: No Account Number(s): ORIGINATED BY: Cathy Dom REVIEWED BY: Cindy ort APPROVED BY: Jack Wa ity Mai BACKGROUND AND DISCUSSION: Government Code Section 36801 states that the City Council shall meet at the meeting at which the declaration of the election results for a general municipal election is made and, following the declaration of the election results and the installation of elected officials, choose one of its members as Mayor and one of its members as Mayor Pro Tempore. EV 4 WAIS Document Retrieval CALIFORNIA CODES GOVERNMENT CODE SECTION 36801 -36815 36801. The city council shall meet at the meeting at which the declaration of the election results for a general municipal election is made pursuant to Sections 10262 and 10263 of the Elections Code and, following the declaration of the election results and the installation of elected officials, choose one of its number as mayor, and one of its number as mayor pro tempore. Page I of 1 http:// www. leginfo. ca. gov /cgi- binlwaisgate ?WAISdocID= 76668024422 +0 +0 +0 &WAI Sacti... 4/8/2010