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2010 AUG 03 - 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, AUGUST 3, 2010 — 5:00 P.M. Next Resolution # 4668 Next Ordinance # 1445 5:00 P.M. SESSION CALL TO ORDER ROLL CALL PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. ()1 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 sem.) 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) -3- matter 1. City of EI Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279 2. NSA Construction Group, Inc. vs. City of EI Segundo, LASC Case No. BC438182 3. Catbird Plumbing & Construction, Inc. v. Gonzales Construction, Inc. LASC Case No. BC440589. 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. APPOINTMENT AND PERFORMANCE EVALUATION OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -0- matter 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 and Bob Hyland CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -2- matters 1. City Property: 2161 EI Segundo Boulevard, EI Segundo (Fire Station No. 2) City Negotiators: City Manager, Assistant City Manager Negotiating Party: Wiseburn School District Under Negotiation: Price and Terms (potential lease or sale) 2. City Property: APN #4155-614-900 (Storm Water Detention Basin) City Negotiators: City Manager Negotiating Party: EI Segundo Unified School District Under Negotiation: Price and Terms (potential lease or sale) 2 002 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, AUGUST 3, 2010 - 7:00 P.M. Next Resolution # 4668 Next Ordinance # 1445 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Pastor Scott Lambert, Hilltop Christian Church PLEDGE OF ALLEGIANCE — Council Member Suzanne Fuentes 003 PRESENTATIONS a. Proclamation announcing August 7 and 8, 2010, St. Anthony School Golden Jubilee 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 (Public Hearing) regarding the introduction and first reading of an Ordinance approving Environmental Assessment EA No. 863 and Zone Text Amendment ZTA 10-03 to amend the C-4 (Commercial Center) Zone to allow: 1) medical and dental offices, not to exceed 5,000 square feet as permitted uses, and 2) automobile sales and service centers, not to exceed 70,000 square feet as a conditionally permitted use; and adopting Development Agreement No. 10-01 (Fourth Amendment to Development Agreement No.03-01 with Rosecrans - Sepulveda Partners, 2, LLC and PES Partners, LLC for EA 631) for the Plaza EI Segundo development project located at 710-860 South Sepulveda Boulevard, 700-740 Allied Way, and 2003-2015 East Park Place to allow the following uses: 1) a certified Farmer's Market to operate one day per week; 2) Medical and Dental Offices, not to exceed a total of 5,000 square feet of floor area; and 3) an Automobile Sales and Service Center, not to exceed 70,000 square feet; and to allow the entire Plaza EI Segundo Development (Phase 1) to be considered as a single parcel for the purpose of meeting the EI Segundo Municipal Code minimum parking requirements and to eliminate the requirement for individual parcels to have parking covenants recorded to transfer parking between parcels within the Phase 1 Development. Applicant: PES Partners, LLC. (Fiscal Impact: None). Recommendation — (1) Open Public Hearing; (2) Discussion; (3) Introduce and waive first reading of an Ordinance approving Environmental Assessment EA 863 and adopting Zone Text Amendment ZTA 10-03 and Development Agreement No. 09-01 (Fourth Amendment to Development Agreement No. 03- 01); (4) Schedule second reading and adoption of the Ordinance on August 17, 2010; (5) Alternatively, discuss and take other possible action related to this item. 4 004 2. Consideration and possible action to open a Public Hearing, consider testimony, and adopt a Resolution finding that the City conforms with the annual Congestion Management Program (CMP) and adopting the annual CMP Local Development Report, in accordance with California Government Code § 65089. (Fiscal Impact: None) Recommendation — (1) Open Public Hearing; (2) Discussion; (3) Adopt Resolution; (4) Alternatively, discuss and take other possible action related to this item. C. UNFINISHED BUSINESS 3. Consideration and possible action to (1) call for a special election on November 2, 2010; (2) place an initiative on the ballot to amend and increase by 2% the City's utility user tax ("UUT"); (3) place an initiative on the ballot to amend and increase by 2% the City's transient occupancy tax ("TOT"); and (4) take such additional, related, action that may be desirable. Fiscal Impact: Projected approximate annual revenue increase of $3,948,000 from the UUT and annual revenue increase of $964,000 from the TOT. Recommendation — (1) Adopt Resolution calling and requesting consolidation for a special municipal election for November 2, 2010; (2) Adopt Resolution placing an initiative on the ballot amending and increasing the UUT by 2% (increase in UUT on electricity, gas, water services from 3% to 5%, and communication service from 2% to 4%); (3) Adopt Resolution placing an initiative on the ballot amending the TOT by 2% (increase in TOT from 8% to 10%); (4) Consider Adopting a Resolution directing the City Attorney to prepare an impartial analysis for the two ballot initiatives; (5) Adopt a resolution establishing ballot argument procedures; (6) Determine whether the Council will appoint itself or members thereof to draft the arguments and rebuttal arguments in favor of the tax measures; (7) Take other related action. 4. Continuation of Council's consideration to transition the EI Segundo Fire Department's ("ESFD") services to the Consolidated Fire Protection District of Los Angeles County (aka the Los Angeles County Fire Department), including possible action to direct staff to undertake further analysis of potential impacts including, without limitation, an analysis pursuant to Elections Code § 9212 regarding an initiative petition currently being circulated that would require, if adopted, that ESFD's services be performed by the Countv. Recommendation — (1) Consideration and possible action to direct staff to undertake further analysis of the impacts of transitioning ESFD to the County including, without limitation, an analysis under Elections Code § 9212 regarding the initiative petition currently being circulated that would require, if adopted, that ESFD be transitioned to the County; (2) Alternatively, take other related action as directed by Council. 5 005 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. 5. Warrant Numbers 2578242 to 2578444 on Register No. 20 in the total amount of $773,347.03 and Wire Transfers from 7/09/10 through 07/22/10 in the total amount of $2,425,320.67. 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. 6. Regular City Council Meeting Minutes of July 20, 2010. Recommendation — Approval. 7. Consideration and possible action to approve and sign an Agreement with the City of Hawthorne to implement and maintain server -based Records Management System and related software applications developed by Tiburon Inc. (Fiscal Impact: One time costs not to exceed $235,000 from the already approved one-time start up cost of $517,500.00; $90,000 for annual contractual maintenance costs). Recommendation — (1) Authorize City Manager to execute an Agreement with the City of Hawthorne to implement and maintain server -based Records Management System and related software applications; (2) Alternatively discuss and take other action related to this item. 8. Consideration and possible action on the EI Segundo Police Department's acceptance and expenditure of one-time grant funds from the California Office of Traffic Safety (OTS) "DUI Enforcement and Awareness Program." (Fiscal Impact: $15,847.00 from OTS Grant Fund) Recommendation — (1) Approve request for the EI Segundo Police Department to accept and expend grant funds provided by the California Office of Traffic Safety; (2) Alternatively discuss and take other action related to this item. 6 006 9. Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license for on-site sale and off-site consumption of alcohol at an existing convenient store located at 601 North Sepulveda Boulevard. Applicant: Veronica Becerra (Fiscal Impact: N/A) Recommendation — (1) Receive and file this report without objecting to a new Type 20 ABC license at 601 North Sepulveda Boulevard; (2) Alternatively, discuss and take other possible action related to this item. 10. Consideration and possible action to adopt Ordinance No. 1444 approving Environmental Assessment EA 755 and Zone Text Amendment ZTA 07-02 to amend the EI Segundo Municipal Code ("ESMC") off-street parking and loading regulations (Fiscal Impact: N/A) Recommendation — (1) Waive second reading and adopt Ordinance No. 1444 for Environmental Assessment EA 755 and Zone Text Amendment ZTA 07-02; (2) Alternatively, discuss and take other possible action related to this item. 11. Consideration and possible action regarding a request from Mattel, Inc. to allow two temporary five hundred four (504) square -foot "Special Event Signs" on the south side of the parking structure located at 333 Continental Boulevard. Applicant: Mattel, Inc. (Fiscal Impact: None) Recommendation — (1) Approve Mattel's request to maintain two temporary oversized five hundred four (504) square -foot banners classified as "Special Event Signs" for a period of sixty five (65) days beginning August 24, 2010 and ending October 27, 2010; (2) Alternatively, discuss and take other possible action related to this item. 12. Consideration and possible action to adopt a resolution setting a public hearing on August 17, 2010 for Council consideration of a franchise agreement with Golden State Water Company to distribute potable water in the City of EI Segundo. (Fiscal Impact: 2% of gross annual receipt of Applicant arising from the use, operation or possession of the franchise.) Recommendation — (1) Adopt the draft resolution; (2) Alternatively, discuss and take other action related to this item. CALL ITEMS FROM CONSENT AGENDA 007 F. NEW BUSINESS G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY I. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Fuentes — Council Member Brann — Council Member Jacobson — 13. Consideration and possible action regarding Business License Tax Recommendation — (1) This item serves as a place holder. Currently meeting with businesses on this matter; (2) Alternatively, discuss and take other action related to this item. Mayor Pro Tem Fisher — Mayor Busch — 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. 008 MEMORIALS — CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, gt sem.) for the purposes of conferring with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with the City's Labor Negotiators. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE: cf �i U U TIME: 3; 3 0 0. rn , NAME: J. M 9 009 rortamatt"On QCio of QST 90egunbo, California WHEREAS, For 50 years St. Anthony School has been committed to providing El Segundo -area children from preschool to eighth grade with a strong academic education and learning experience, in a Christ -centered and faith -based environment; and WHEREAS, On Saturday and Sunday, August 7 and 8, 2010, the St. Anthony School Alumni Association will be celebrating 50 years of St. Anthony School with its 1St reunion of students from the Graduating Classes of 1963 through 2010; and WHEREAS, Students and alumni of St. Anthony School, along with community members and civic leaders are encouraged to acknowledge the significant role the school has played in promoting academic excellence and positive moral development of our youth, and are invited to participate in the weekend celebration. NOW, THEREFORE, on this 3rd day of August, 2010, the Mayor and Members of the City Council of the City of El Segundo, California, hereby proclaim August 7 and 8, 2010, St. Anthony School Golden Jubilee Weekend and invite the community to join St. Anthony School and members of St. Anthony School Alumni Association in celebrating 50years of, St. Anthony School and its service to the City of El Segundo. //r 'Z/111 /( (c�rrccf.-C'.�in�L ..�i'✓i %/Yirizi /( jtiii��/.�..C�il��t •. Jccxili�itc , %C.ici�,fi,J EL SEGUNDO CITY COUNCIL MEETING DATE: August 3, 2010 AGENDA STATEMENT AGENDA HEADING: Special Order of Business AGENDA DESCRIPTION: Consideration and possible action (Public Hearing) regarding the introduction and first reading of an Ordinance approving Environmental Assessment EA No. 863 and Zone Text Amendment ZTA 10-03 to amend the C-4 (Commercial Center) Zone to allow: 1) medical and dental offices, not to exceed 5,000 square feet as permitted uses, and 2) automobile sales and service centers, not to exceed 70,000 square feet as a conditionally permitted use; and adopting Development Agreement No. 10-01 (Fourth Amendment to Development Agreement No.03-01 with Rosecrans -Sepulveda Partners, 2, LLC and PES Partners, LLC for EA 631) for the Plaza El Segundo development project located at 710-860 South Sepulveda Boulevard, 700-740 Allied Way, and 2003-2015 East Park Place to allow the following uses: 1) a certified Farmer's Market to operate one day per week; 2) Medical and Dental Offices, not to exceed a total of 5,000 square feet of floor area; and 3) an Automobile Sales and Service Center, not to exceed 70,000 square feet; and to allow the entire Plaza El Segundo Development (Phase 1) to be considered as a single parcel for the purpose of meeting the El Segundo Municipal Code minimum parking requirements and to eliminate the requirement for individual parcels to have parking covenants recorded to transfer parking between parcels within the Phase 1 Development. Applicant: PES Partners, LLC. (Fiscal Impact: None). RECOMMENDED COUNCIL ACTION: 1. Open Public Hearing; 2. Discussion; 3. Introduce and waive first reading of an Ordinance approving Environmental Assessment EA 863 and adopting Zone Text Amendment ZTA 10-03 and Development Agreement No. 09- 01 (Fourth Amendment to Development Agreement No. 03-01); 4. Schedule second reading and adoption of the Ordinance on August 17, 2010; and/or 5. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Draft Ordinance 2. Draft Ordinance (strike-out/underline version) 3. Draft Fourth Amendment to Development Agreement No. 03-01 4. Planning Commission Staff Report Dated June 10, 2010 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, Planning a uilding Safety Director APPROVED BY: Jack Wayt, City Manage C 0i0 BACKGROUND AND DISCUSSION: I. Background The Plaza El Segundo Development site is approximately 41.7 acres and generally located at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue within the C-4 (Commercial Center) Zone. The development consists of 378,829 square feet of net floor area already built (Phase 1) and approximately 70,000 square feet that has been approved (Phase 113) but not constructed. The existing uses at the shopping center consist of large retail stores, specialty retail, a grocery store, restaurants, a spa and a small fitness center (yoga studio). The project is subject to the development standards in the C-4 Zone (ESMC Chapter 15- 5G), conditions of approval, mitigation measures, and the requirements adopted in Development Agreement No. 03-01 and its amendments. On February 19, 2010, as a result of poor economic conditions, PES Partners, LLC (the developer) requested Zone Text Amendment and a Development Agreement Amendment. The proposed Text Amendment would allow the following: A. dental and medical offices, not to exceed 5,000 square feet as a permitted use; and B. automobile sales and service centers, not to exceed 70,000 square feet as a conditionally permitted use. The proposed amendment to the Development Agreement would allow the following: A. a certified Farmer's Market to operate one day per week from 8 a.m. to 3 p.m.; B. Medical and Dental Offices, not to exceed a total of 5,000 square feet of floor area; C. an Automobile Sales and Service Center, not to exceed a total of 70,000 square feet of floor area; D. the entire Plaza El Segundo development Phase 1 property north of the Union Pacific Railroad and the Burlington Northern Santa Fe Railroad rights-of-way would be considered as a single parcel for the purpose of meeting the El Segundo Municipal Code (ESMC) minimum parking requirements and to eliminate the requirement for individual parcels to have parking covenants recorded to transfer parking between parcels within the Phase 1 Development. The specific language for both amendments is incorporated in the attached draft ordinance and Development Agreement. II. Analysis General Plan and Zoning Consistency The El Segundo General Plan land use designation for the subject site is currently Commercial Center and the Zoning designation is C-4 (Commercial Center). The project is consistent with its Zoning designation in that the proposed uses are compatible with 2 Oil those permitted in the C-4 Zone. In addition, the project includes a Zone Text Amendment to allow the proposed medical and dental office, and automobile sales and service center uses in the C-4 Zone. Furthermore, the project does not propose to add new floor area to the previously approved project and thus will remain consistent with the C-4 Zone development standards. The proposed project is also consistent with relevant City of El Segundo General Plan Element Goals, Objectives and Policies. The Land Use Element includes the goal of providing a stable tax base for the City, promoting high quality retail facilities and allowing development the flexibility to mix uses. The uses proposed in the development agreement will help achieve this goal by maintaining and expanding a vibrant high quality shopping center in the City. In addition, the Economic Development Element aims to create a strong healthy economic community, to retain existing businesses and maintain a stable tax base for the City. Permitting the proposed uses will help fill vacant commercial space at the shopping center and provide an alternative design and use for the Phase 113 portion of the center that has yet to be constructed. Therefore, the proposed amendments to the ESMC and the existing development agreement are consistent with the City of El Segundo General Plan as specified in the attached ordinance. Traffic Analysis and Trip Generation The City retained the services of Kimley-Horn and Associates, Inc., a traffic engineering consultant, to prepare a report evaluating the project -related trip generation for the proposed new mix of uses. The report concluded that any increase in traffic generated by the project would not exceed the maximum number of vehicle trips allowed by the FEIR and project approvals. Assuming the DA was amended, Phase 1 and Phase 113 are together estimated to generate approximately 15,124 weekday daily trips, of which 534 are estimated to occur during the AM peak hour and 1,446 are estimated to occur during the PM peak hour. Approximately 1,776 trips are estimated to occur during a Saturday midday peak hour. The respective number of trips allowed by the FEIR and project approvals is 16,645 weekday daily trips, 779 AM peak hour trips, 1,477 PM peak hour trips, and 2,205 Saturday midday peak hour trips. Therefore, the proposed Zone Text Amendment and Development Agreement Amendment would not result in a new significant impact or require additional mitigation measures. Environmental Review CEQA Guidelines § 15168(c)(2) states that if a project is proposed which has been the subject of a prior certified EIR or adopted Negative Declaration, and "[i]f the [City] finds that pursuant to Guidelines § 15162, no new effects could occur or new mitigation measures would be required, the [City] can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required." The proposed fourth amendment is consistent with the FEIR, entitled Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development Final 3 01? Environmental Impact Report (State Clearinghouse No. 2003121037), certified by the City Council on March 15, 2005 and the Statement of Overriding Considerations adopted as Section IV of City Council Resolution No. 4415. Additionally, the El Segundo City Council adopted an Addendum to the FEIR and re -adopted a Statement of Overriding Considerations as Section 5 of City Council Resolution No. 4542 on February 19, 2008. None of the elements set forth in Public Resources Code § 21166 or CEQA Guidelines § 15162 exists since the proposed changes in uses would not result in a new significant impact to the environment or require new mitigation measures. Accordingly, no subsequent or supplemental Environmental Impact Report, Mitigated Negative Declaration or Addendum is required to be prepared before adopting the draft Ordinance approving the proposed amendment. Planning Commission Action At its June 10, 2010 meeting, the Planning Commission reviewed the matter, considered the public testimony, and recommended to the City Council approval of Environmental Assessment No. EA -863, Zone Text Amendment ZTA 10-03, and Development Agreement No. 10-01. The applicant indicated agreement with Staff's report and that he was available to respond to questions from the Commission. No other members of the public spoke at the Planning Commission meeting or submitted any written correspondence regarding this matter. III. Recommendation Planning Division Staff recommends that the City Council introduce the attached draft Ordinance to adopt Zone Text Amendment ZTA 10-03 and Development Agreement No. 10-01 (Fourth Amendment to Development Agreement No. 03-01). Second reading and adoption of the Ordinance would occur on August 17, 2010. PAPlanning & Building Safety\Planning-Old\PROJECTS (Planning)\826-850\EA 831\EA-863\City Council\EA 863 CC staff report 08032010 4 U13 ORDINANCE NO. AN ORDINANCE AMENDING DEVELOPMENT AGREEMENT NO. 03-01 BETWEEN ROSECRANS-SEPULVEDA 2, LLC, AND ROSECRANS- SEPULVEDA 3, LLC (PES PARTNERS, LLC), AND THE CITY OF EL SEGUNDO AFFECTING THE PLAZA EL SEGUNDO DEVELOPMENT, AND AMENDING EL SEGUNDO MUNICIPAL CODE ("ESMC") C-4 (COMMERCIAL CENTER) ZONE REGULATIONS. The City Council of the City of EI Segundo does ordain as follows: SECTION 1: The City Council finds and declares that: A. On March 15, 2005, the City Council of the City of EI Segundo approved Environmental Assessment No. 631, General Plan Amendment (GPA No. 03-4), Zone Change (ZC No. 03-2) and Subdivision (SUB 03-7, Vesting Tentative Tract Map No. 061630), and Development Agreement No. 03- 01, to re -designate and re -zone an approximately 54.9 -acre property at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue. The applicant is developing a 425,000 square foot shopping center, known as Plaza EI Segundo; B. On February 19, 2010, the applicant filed an application for a Fourth amendment ("Fourth Amendment") to Development Agreement No. 03-01; C. The application from PES Partners, LLC was reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the EI Segundo Municipal Code ("ESMC"); D. 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); E. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for June 10, 2010; F. The Planning Commission held a public hearing regarding the application on June 10, 2010. Thereafter, the Planning Commission adopted Resolution No. 2676, recommending that the City Council amend Development Agreement No. 03-01; -,- 014 G. On August 3, 2010, the Council held a public hearing and considered the information provided by the Planning Commission, City Staff, public testimony, and representatives of the applicant PES Partners, LLC; and H. This Ordinance and its findings are made based upon the testimony and evidence presented to the Council at its August 3, 2010, public hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department. SECTION 2: Environmental Assessment. Because of the findings set forth in Planning Commission Resolution No. 2676, adopted June 10, 2010, which are incorporated by this reference, and the facts set forth in the administrative record including, without limitation, the staff report presented to the City Council, the proposed Fourth Amendment to Development Agreement No. 03-01 is consistent with the FEIR, entitled Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development Final Environmental Impact Report (State Clearinghouse No. 2003121037), certified by the City Council on March 15, 2005 and the Statement of Overriding Considerations adopted in Section 5 of City Council Resolution No. 4415 on March 1, 2005. Additionally, the EI Segundo City Council adopted an Addendum to the FEIR and re- adopted a Statement of Overriding Considerations as Section 5 of City Council Resolution No. 4542 on February 19, 2008. None of the elements set forth in Public Resources Code § 21166 or CEQA Guidelines § 15162 exist. Accordingly, the City need not prepare a subsequent or supplemental Environmental Impact Report, Mitigated Negative Declaration, or Addendum before the City Council adopts this Ordinance approving the Fourth Amendment to Development Agreement No. 03-01. Nevertheless, the City Council reaffirms and readopts the Statement of Overriding Considerations set forth in Exhibit "A" to Resolution No. 4415 adopted by the City Council at a duly noticed public hearing on March 15, 2005, which is incorporated by reference as if fully set forth in this Ordinance. SECTION 3: Amendments to the Development Agreement. Development Agreement No. 03-01 is amended as set forth in attached Exhibit "A," which is incorporated into this Ordinance by reference. SECTION 4: EI Segundo Municipal Code ("ESMC") § 15-5G-2 is amended to read as follows: "PERMITTED USES: The following uses are permitted in the C-4 zone: A. Fitness centers (indoor only). B. General offices not exceeding five thousand (5,000) square feet. C. Medical and dental offices, not to exceed 5,000 square feet. D. Pet supplies and services, including veterinary services. E. Restaurants and cafes. -2- 0 15- F. Retail and sales uses (excluding off site alcohol sales). G. Other similar uses approved by the director of planning and building safety, as provided by chapter 22 of this title." SECTION 5: ESMC § 15-5G-5 is amended to read as follows: "USES SUBJECT TO CONDITIONAL USE PERMIT: The following uses are allowed subject to obtaining a conditional use permit, as provided by chapter 23 of this title: A. On site sale and consumption of alcohol at bars. B. Video arcades with four (4) or more video or arcade machines. C. Automobile sales and service centers, not to exceed 70,000 square feet. D. Other similar uses approved by the director of planning and building safety, as provided by chapter 22 of this title." SECTION 6: 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: This Ordinance will remain effective until superseded by a subsequent ordinance. 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 EI 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. -3- �. 016 SECTION 9: This Ordinance will become effective on the thirty-first (31st) day following its passage and adoption. PASSED AND ADOPTED this day of August, 2010. Eric Busch, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 I, 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 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 August, 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 day of August, 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\Planning-Old\PROJECTS (Planning)\826-850\EA 831\EA-863.draft CC Ordinance.08.03.10 -a- 017 ORDINANCE NO. AN ORDINANCE AMENDING DEVELOPMENT AGREEMENT NO. 03-01 BETWEEN ROSECRANS-SEPULVEDA 2, LLC, AND ROSECRANS- SEPULVEDA 3, LLC (PES PARTNERS, LLC), AND THE CITY OF EL SEGUNDO AFFECTING THE PLAZA EL SEGUNDO DEVELOPMENT, AND AMENDING EL SEGUNDO MUNICIPAL CODE ("ESMC") C-4 (COMMERCIAL CENTER) ZONE REGULATIONS. The City Council of the City of EI Segundo does ordain as follows: SECTION 1: The City Council finds and declares that: A. On March 15, 2005, the City Council of the City of EI Segundo approved Environmental Assessment No. 631, General Plan Amendment (GPA No. 03-4), Zone Change (ZC No. 03-2) and Subdivision (SUB 03-7, Vesting Tentative Tract Map No. 061630), and Development Agreement No. 03- 01, to re -designate and re -zone an approximately 54.9 -acre property at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue. The applicant is developing a 425,000 square foot shopping center, known as Plaza EI Segundo; B. On February 19, 2010, the applicant filed an application for a Fourth amendment ("Fourth Amendment") to Development Agreement No. 03-01; C. The application from PES Partners, LLC was reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the EI Segundo Municipal Code ("ESMC"); D. 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); E. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for June 10, 2010; F. The Planning Commission held a public hearing regarding the application on June 10, 2010. Thereafter, the Planning Commission adopted Resolution No. 2676, recommending that the City Council amend Development Agreement No. 03-01; G. On August 3, 2010, the Council held a public hearing and considered the information provided by the Planning Commission, City Staff, public testimony, and representatives of the applicant PES Partners, LLC; and H. This Ordinance and its findings are made based upon the testimony and evidence presented to the Council at its August 3, 2010, public hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department. SECTION 2: Environmental Assessment. Because of the findings set forth in Planning Commission Resolution No. 2676, adopted June 10, 2010, which are incorporated by this reference, and the facts set forth in the administrative record including, without limitation, the staff report presented to the City Council, the proposed Fourth Amendment to Development Agreement No. 03-01 is consistent with the FEIR, entitled Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development Final Environmental Impact Report (State Clearinghouse No. 2003121037), certified by the City Council on March 15, 2005 and the Statement of Overriding Considerations adopted in Section 5 of City Council Resolution No. 4415 on March 1, 2005. Additionally, the EI Segundo City Council adopted an Addendum to the FEIR and re- adopted a Statement of Overriding Considerations as Section 5 of City Council Resolution No. 4542 on February 19, 2008. None of the elements set forth in Public Resources Code § 21166 or CEQA Guidelines § 15162 exist. Accordingly, the City need not prepare a subsequent or supplemental Environmental Impact Report, Mitigated Negative Declaration, or Addendum before the City Council adopts this Ordinance approving the Fourth Amendment to Development Agreement No. 03-01. Nevertheless, the City Council reaffirms and readopts the Statement of Overriding Considerations set forth in Exhibit "A" to Resolution No. 4415 adopted by the City Council at a duly noticed public hearing on March 15, 2005, which is incorporated by reference as if fully set forth in this Ordinance. SECTION 3: Amendments to the Development Agreement. Development Agreement No. 03-01 is amended as set forth in attached Exhibit "A," which is incorporated into this Ordinance by reference. SECTION 4: EI Segundo Municipal Code ("ESMC") § 15-5G-2 is amended to read as follows: "PERMITTED USES: The following uses are permitted in the C-4 zone: A. Fitness centers (indoor only). B. General offices not exceeding five thousand (5,000) square feet. C. Medical and dental offices, not to exceed 5.000 sauare feet. SD. Pet supplies and services, including veterinary services. DE. Restaurants and cafes. -2- 019 € F. Retail and sales uses (excluding off site alcohol sales). G. Other similar uses approved by the director of planning and building safety, as provided by chapter 22 of this title." SECTION 5: ESMC § 15-5G-5 is amended to read as follows: "USES SUBJECT TO CONDITIONAL USE PERMIT: The following uses are allowed subject to obtaining a conditional use permit, as provided by chapter 23 of this title: A. On site sale and consumption of alcohol at bars. B. Video arcades with four (4) or more video or arcade machines. C. Automobile sales and service centers, not to exceed 70,000 square feet. 6D. Other similar uses approved by the director of planning and building safety, as provided by chapter 22 of this title." SECTION 6: 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: This Ordinance will remain effective until superseded by a subsequent ordinance. 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 EI 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. -3- t SECTION 9: This Ordinance will become effective on the thirty-first (31st) day following its passage and adoption. PASSED AND ADOPTED this day of August, 2010. Eric Busch, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, 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 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 August, 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 day of August, 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\Planning-Old\PROJECTS (Planning)\826-850\EA 831\EA-863.draft CC Ordinance.08.03.10 strikeout -4- A RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF EL SEGUNDO 350 Main Street El Segundo, California 90245 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF EL SEGUNDO AND ROSECRANS-SEPULVEDA PARTNERS, 2, LLC AND PES PARTNERS, LLC (AREA A) THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 44386\1273112v18 7/19/2010 0 2 42 TABLE OF CONTENTS Paye 1. Recitals.................................................................................................................................1 2. Amendments to Section 4.1 of the Development Agreement..............................................3 3. Remainder of Development Agreement to Remain in Full Force and Effect......................3 DEFINITIONS............................................................................................................. EXHIBIT A 023 44386\1273112v18 i 7/19/2010 FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT This Fourth Amendment to Development Agreement ("Fourth Amendment") is made and entered into by and among the CITY OF EL SEGUNDO, a municipal corporation ("City") and ROSECRANS-SEPULVEDA PARTNERS, 2, LLC, a Delaware limited liability company ("RSP 2") and PES PARTNERS, LLC, a Delaware limited liability company ("PESP") as of this day of , 2010. RSP 2 and PESP are collectively referred to as "Developer." City and Developer are individually referred to as "Party" and collectively as "Parties." In consideration of the mutual covenants and agreements contained in this Fourth Amendment, City and Developer agree as follows: 1. Recitals. This Fourth Amendment is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties: 1.1 RSP 2's and PESP's predecessor -in -interest, Rosecrans -Sepulveda Partners, LLC ("RSP"), and the City are parties to a Development Agreement dated March 16, 2005 (the "Development Agreement"), which Development Agreement was recorded on April 6, 2005 in the Official Records of Los Angeles County as Instrument No. 05 0797875. 1.2 Unless otherwise stated in this Fourth Amendment, all capitalized terms used in this Fourth Amendment have the same definitions as set forth in the Development Agreement. 1.3 On November 10, 2005, RSP and RSP 2 executed an Assignment and Assumption Agreement (the "RSP 2 Assignment") whereby RSP conveyed to RSP 2, in accordance with the provisions of Section 3 of the Development Agreement, RSP's right, title, and interest in and to the Development Agreement and the Project Approvals with respect to approximately 4.7 acres of the Property (the "RSP 2 Property"). The RSP 2 Assignment was recorded on January 19, 2006 in the Official Records of Los Angeles County as Instrument No. 06 0128517. 1.4 On November 10, 2005, RSP and PESP's predecessor -in -interest, Rosecrans -Sepulveda Partners, 3, LLC ("RSP 3") executed an Assignment and Assumption Agreement (the "RSP 3 Assignment") whereby RSP conveyed to RSP 3, in accordance with the provisions of Section 3 of the Development Agreement, RSP's right, title, and interest in and to the Development Agreement and the Project Approvals with respect to approximately 37.3 acres of the Property (the "PESP Property" and/or "Phase IA"). The RSP 3 Assignment was recorded on January 19, 2006 in the Official Records of Los Angeles County as Instrument No. 06 0128518. 1.5 On July 31, 2007, RSP 3 executed an Assignment and Assumption Agreement ("PESP Assignment") whereby RSP 3 conveyed to PESP, in accordance with the provisions of Section 3 of the Development Agreement, RSP 3's right, title and interest in and to the Development Agreement and the Project Approvals with respect to the PESP Property. The PESP Assignment was recorded on August 3, 2007 in the Official Records of Los Angeles County as Instrument No. 2007 1838772. 44386\1273112v 18 1 7/19/2010 1.6 As of June 19, 2007, City, RSP 2 and RSP 3 executed Operating Memorandum No. 1 to the Development Agreement ("Operating Memorandum No. I"), which Operating Memorandum No. 1 was recorded on August 14, 2007 in the Official Records of Los Angeles County as Instrument No. 20071901777. 1.7 As of July 30, 2007, City, RSP 2 and RSP 3 executed a First Amendment to Development Agreement (the "First Amendment") which First Amendment was recorded on October 2, 2007 in the Official Records of Los Angeles County as Instrument No. 2007 2256909. 1.8 As of March 4, 2008, City, RSP 2 and PESP executed a Second Amendment to Development Agreement (the "Second Amendment") which Second Amendment was recorded on March 25, 2008 in the Official Records of Los Angeles County as Instrument No. 20080507797. For purposes of this Third Amendment, the term "Development Agreement" shall include the First and Second Amendments. 1.9 As of July 21, 2009, City, RSP 2 and PESP executed a Third Amendment to Development Agreement (the "Third Amendment") which Third Amendment was recorded on March 26, 2010 in the Official Records of Los Angeles County as Instrument No. 20100414500 For purposes of this Fourth Amendment, the term "Development Agreement" shall include the First, Second, and Third Amendments. 1.10 The limitations imposed within the Development Agreement were primarily intended to ensure that the Project remain principally retail in nature and to prevent significant competition with the business in downtown El Segundo. As the Project has evolved, the Developer realized that certain service-oriented businesses provide an excellent complement to the retail tenant base and, in fact, have and will greatly assisted in insuring the survival of the small tenants who are not destination -oriented. The addition of the proposed uses within this Fourth Amendment are consistent with the goal of maintaining a thriving retail center with minimal vacancies and with the attendant production of sales tax proceeds to the City. Without these uses, the Developer believes that the vacancies that currently exist will remain for the foreseeable future and the boutique tenants will face a greater chance of failure. 1.11 Section 4. 1.11 is added by this Fourth Amendment to allow the use of a certified farmer's market. The use is intended to be primarily the sale of retail goods such as but not limited to produce, baked goods, dairy products, flowers and other food and retail items direct to consumers from farmers and other vendors. A musician may be present, with amplified sound, to enhance the shopping experience at the farmer's market. The market will typically operate one day per week from 8 a.m. — 3 p.m., with set up between 7 a.m. — 8 a.m. and clean up between 3 p.m. -4 p.m., and will typically occupy one row of parking spaces in Phase 1. Traffic studies have shown that this use will not have a negative impact on the access or parking availability during the farmer's market operation. 1.12 Section 4.1.12 is added by this Fourth Amendment to allow the uses of medical and dental offices and ancillary uses on a limited basis, in Phase 1. 44386\1273112v18 2 7/19/2010 1.13 Section 4.1.13 is added by this Fourth Amendment to allow the use of an automobile sales and service center. This use is intended to allow the sale of new vehicles, used vehicles, vehicle parts (including but not limited to tires) and accessories directly to consumers, and including a storage lot and showroom, as well as a full service vehicle maintenance and repair center in Phase 113, subject to the issuance of a Conditional Use Permit by the City of El Segundo. 1.14 The City Council determined that none of the elements set forth in Public Resources Code § 21166 or CEQA Guidelines § 15162 ("CEQA Guidelines") exist. Accordingly, the City Council finds, in accordance with Public Resources Code § 21166 or CEQA Guidelines § 15162 ("CEQA Guidelines, that no subsequent or supplemental Environmental Impact Report or Mitigated Negative Declaration is required to be prepared before adopting the Ordinance approving this Fourth Amendment. 1.15 Section 15 of the Development Agreement provides for amendment of the Development Agreement upon mutual consent of the parties and in accordance with the procedures established by the Development Agreement Act. The City Council found that this Fourth Amendment has been adopted in conformance with the procedures of the Development Agreement Statute set forth in Government Code §§ 65865, et seq. 1.16 On June 10, 2010, the Planning Commission held a duly noticed public hearing on this Fourth Amendment and, at the conclusion thereof, adopted Resolution No. 2676, recommending to the City Council approval of this Fourth Amendment. 1.17 On , 2010, the City Council held a duly noticed public hearing on this Fourth Amendment and, at the conclusion thereof, introduced Ordinance No. and on , 2010, the City Council adopted Ordinance No. approving this Fourth Amendment. Ordinance No. became effective on .2010. 2. Amendments to Section 4.1 of the Development Agreement. Section 4.1 of the Development Agreement is amended to add new Sections 4.1.11, 4.1.12, 4.1.13 and 4.1.14 to read as follows: "4.1.11 Farmer's Market. A certified Farmer's Market, at which farmers and other vendors sell produce, baked goods, dairy products and other food and retail goods directly to consumers, is permitted to operate in the parking lot of Phase 1. A musician may be present, with amplified sound. The market will typically operate one day per week (Wednesday) from 8 a.m. — 3 p.m., with set-up between 7 a.m.-8 a.m. and clean-up between 3 p.m. -4 p.m. A site plan that includes the location of the Farmer's Market must be reviewed and approved to the satisfaction of the Director of Planning and Building Safety. " "4.1.12 Medical and Dental Office. Medical and dental offices and ancillary uses are permitted, provided such uses do not exceed a total of 5,000 square feet of floor area." 44386\1273112v 18 3 7/19/2010 "4.1.13 Automobile Dealership and Service Center. An automobile dealership which sells new vehicles, used vehicles, vehicle parts (including tires) and accessories directly to consumers, and including a storage lot and showroom, as well as an full service vehicle maintenance and repair center, is an allowable use in Phase 1B subject to a valid Conditional Use Permit issued by the City, provided such use does not exceed a total building area of 70,000 square feet." "4.1.14 Parking. The total number of parking spaces provided on an individual parcel need not comply with the El Segundo Municipal Code, provided that the total number of parking spaces within the entire Plaza El Segundo Phase 1 Shopping Center conform to the El Segundo Municipal Code and provided that such parking spaces are remain collectively available and accessible to all tenants of the Plaza El Segundo Phase 1 Shopping Center and their customers, employees and invitees." Remainder of Development Agreement to Remain in Full Force and EffectExcept as set forth in this Fourth Amendment, all terms and conditions of the Development Agreement shall remain in full force and effect. IN WITNESS WHEREOF, Developer and City have executed this Fourth Amendment on the date first above written. CITY: CITY OF EL SEGUNDO, a municipal corporation Eric Busch, Mayor ATTEST Cindy Mortesen City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney [SIGNATURES CONTINUED ON NEXT PAGE] 027 44386\127311208 4 7/19/2010 DEVELOPER ROSECRANS-SEPULVEDA PARTNERS, 2, LLC, a Delaware limited liability company By: CCA Sepulveda, LLC, a California limited liability company Its: Managing Member By: Name: Its: By: Name: Its: PES PARTNERS, LLC, a Delaware limited liability company By: Rosecrans -Sepulveda Partners 3, LLC, a Delaware limited liability company Its: Sole Member By: CCA Sepulveda, LLC a California limited liability company Its: Managing Member By:_ Name: Its: By:_ Name: Its: 44386\1273112v18 5 7/19/2010 0 � 8 STATE OF CALIFORNIA ) ss: COUNTY OF LOS ANGELES ) On , 2010 before me, (here insert name of the officer), Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public [Seal] STATE OF CALIFORNIA ) ss: COUNTY OF LOS ANGELES ) On , 2010 before me, (here insert name of the officer), Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public [Seal] 44386\1273112v18 6 7/19/2010 029 STATE OF CALIFORNIA ) ss: COUNTY OF LOS ANGELES ) On , 2010 before me, (here insert name of the officer), Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public [Seal] STATE OF CALIFORNIA ) ss: COUNTY OF LOS ANGELES ) On , 2010 before me, (here insert name of the officer), Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public [Seal] 000 44386\1 273112v 18 7 7/19/2010 EXHIBIT "A" DEFINITIONS Section CEQAGuidelines...................................................................................................................... 1.16 City.................................................................................................................................Introduction Developer.......................................................................................................................Introduction Development Agreement............................................................................................................. 1.1 FirstAmendment........................................................................................................................ 1.7 Operating Memorandum No. 1.................................................................................................... 1.6 Party/Parties...................................................................................................................Introduction PESP..............................................................................................................................Introduction PESPAssignment........................................................................................................................ 1.5 PESPProperty.............................................................................................................................. 1.4 PhaseIA ...................................................................................................................................... 1.4 Phase113 ....................................................................................................................................... 1.8 Phase1B Property........................................................................................................................ 1.8 RSP.............................................................................................................................................. 1.1 RSP2.............................................................................................................................Introduction RSP2 Assignment....................................................................................................................... 1.3 RSP2 Property............................................................................................................................. 1.3 RSP3........................................................................................................................................... 1.4 RSP3 Assignment....................................................................................................................... 1.4 SecondAmendment..................................................................................................................... 1.8 ThirdAmendment..........................................................................................................Introduction 44386\1273112v18 Definitions -1 7/19/2010 CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC HEARING: June 10, 2010 SUBJECT: Environmental Assessment No. 863 for Zone Text Amendment ZTA 10-03 and Development Agreement No. 10-01 (Fourth Amendment to Development Agreement No. 03-011 APPLICANT: PES Partners, LLC — Daniel Crosser PROPERTY OWNER: PES Partners, LLC REQUEST: Amend the C-4 Zone to allow the following uses: 1) medical and dental offices, not to exceed 5,000 square feet as a permitted use; 2) automobile sales and service centers, not to exceed 70,000 square feet as a conditionally permitted use. Amend Development Agreement No. 03-01 for Plaza EI Segundo to allow the following uses: 3) A certified Farmer's Market to operate one day per week from 8 a.m. to 2 p.m.: 4) Medical and Dental Offices, not to exceed a total of 5,000 square feet of floor area; and 5) An Automobile Sales and Service Center, not to exceed 70,000 square feet. Amend Development Agreement No. 03-01 for Plaza El Segundo to: 6) allow the entire Plaza El Segundo Development (Phase 1) to be considered as a single parcel for the purpose of meeting the EI Segundo Municipal Code minimum parking requirements and to eliminate the requirement for individual parcels to have parking covenants recorded to transfer parking between parcels within the Phase 1 Development. PROPERTY INVOLVED: 710-860 South Sepulveda Boulevard; 700-740 Allied Way; 2003-2015 East Park Place I. Introduction & Background Discussion The Plaza EI Segundo Development site is approximately 41.7 acres and generally located at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue within the C-4 (Commercial Center) Zone. The development consists of 378,829 square feet 032 of net floor area already built (Phase 1) and approximately 70,000 square feet that has been approved (Phase 1 B) but not constructed. The existing uses at the shopping center consist of large retail stores, specialty retail, a grocery store, restaurants, a spa, a dance studio, and a small fitness center (yoga studio). The project is subject to the development standards in the C-4 Zone (ESMC Chapter 15-5G), conditions of approval, mitigation measures, and the requirements adopted in Development Agreement No. 03-01 and its amendments. On February 19, 2010, PES Partners, LLC (the developer) requested a Zone Text Amendment and a fourth amendment to the Development Agreement. The proposed zone text amendment would allow the following: A. dental and medical offices, not to exceed 5,000 square feet as a permitted use; and B. automobile sales and service centers, not to exceed 70,000 square feet as a conditionally permitted use. The proposed amendment to the Development Agreement would allow the following: A. a certified Farmer's Market to operate one day per week from 8 a.m. to 2 p.m.; B. Medical and Dental Offices, not to exceed a total of 5,000 square feet of floor area; C. an Automobile Sales and Service Center, not to exceed 70,000 square feet; D. the entire Plaza El Segundo development Phase 1 property north of the Union Pacific Railroad and the Burlington Northern Santa Fe Railroad rights-of-way would be considered as a single parcel for the purpose of meeting the EI Segundo Municipal Code (ESMC) minimum parking requirements and to eliminate the requirement for individual parcels to have parking covenants recorded to transfer parking between parcels within the Phase 1 Development. The applicant has requested these amendments to address the poor performance of the economy in general and the Plaza EI Segundo shopping center in particular. The overall economic conditions have had multiple impacts on the performance of the shopping center. First, the existing tenants are struggling and some are closing their businesses. Second, potential tenants hesitate to move their businesses to the shopping center and, as a result, the property owners are finding it difficult to fill vacant tenant spaces. In addition, due to the overall economic climate the property owners are finding it difficult to attract tenants for the undeveloped portion of Plaza EI Segundo. The applicant believes that allowing the proposed uses will help bring new tenants to the existing shopping center, create a more sustainable mix of uses, and potentially attract businesses. that may develop the undeveloped portion of the Plaza EI Segundo property. The specific language of the proposed amendment is incorporated in the attached draft ordinance. Staff believes that the proposed amendments will help improve the performance of the center. Over the past two years, staff has also observed businesses struggling and tenant spaces turning over. The proposed medical and dental uses will have more regular trips to the shopping center, which in turn may help other businesses as well. However, the Plaza EI Segundo development was primarily envisioned as a retail and X13 restaurant destination. In order to help preserve that high-end retail character, a 5,000 square -foot limit has been proposed on the area that medical and dental uses can occupy. The overall shopping center (including the undeveloped Phase 1 B portion) totals approximately 460,000 square feet. In response to a request for a permanent farmer's market, staff approved a farmer's market to operate at the center on a temporary basis. Both staff and the applicant believe that the farmer's market has been beneficial by creating more activity at the center. As part of this temporary approval, staff required the property owner to report on the parking demand and availability during the farmer's market operations. The reports indicated that the parking available to all businesses during the market's operations was adequate. As a result, staff believes that a permanent farmer's market will not have a negative impact on parking at the center. Site planning once a week for the farmers market will be subject to review and approval of the Director of Planning and Building Safety. The request to allow automobile sales and services centers as a permitted use is intended to potentially attract a tenant for the undeveloped portion of Plaza EI Segundo. Making this use a conditionally permitted use in the C-4 Zone and including it in the Development Agreement will make it easier for the property owners to attract a tenant to the center. In addition, staff believes that an automobile sales and service center would be a significant and stable source of tax revenue for the City. II. Traffic Analysis and Trip Generation The City retained the services of Kimley-Horn and Associates, Inc., a traffic engineering consultant, to prepare a report evaluating the project -related trip generation for the proposed new mix of uses. The report concluded that any increase in traffic generated by the project would not exceed the maximum number of vehicle trips allowed by the FEIR and ' project approvals. Assuming the DA was amended, Phase 1 and Phase 16 are together estimated to generate approximately 15,124 weekday daily trips, of which 534 are estimated to occur during the AM peak hour and 1,446 are estimated to occur during the PM peak hour. Approximately 1,776 trips are estimated to occur during a Saturday midday peak hour. The respective number of trips allowed by the FEIR and project approvals is 16,645 weekday daily trips, 779 AM peak hour trips, 1,477 PM peak hour trips, and 2,205 Saturday midday peak hour trips. Therefore, the proposed Zone Text Amendment and Development Agreement Amendment would not result in a new significant impact or require additional mitigation measures. III. Zonina and General Plan Consistencv The EI Segundo General Plan land use designation for the subject site is currently Commercial Center and the Zoning designation is C-4 (Commercial Center). The project is consistent with its Zoning designation in that the proposed uses are permitted in the C-4 Zone. In addition, the project does not propose to add new floor area to the previously approved project and thus will remain consistent with the C-4 Zone development standards. 3 034 i The proposed project is also consistent with relevant City of EI Segundo General Plan Element Goals, Objectives, and Policies summarized below. The General Plan Land Use Element goals and objectives include providing a stable tax base for the City, promoting high quality retail facilities and allowing development the flexibility to mix uses. The proposed uses will help maintain and expand a vibrant high quality shopping center, which will maintain and improve the tax base in the City. In addition, the Economic Development Element aims to create a strong healthy economic community, to retain existing businesses and maintain a stable tax base for the City. Permitting the proposed uses will help fill vacant commercial space at the shopping center and provide an alternative design and use for the Phase 1 B portion of the center that has yet to be constructed. Therefore, the proposed Zoning Text Amendment and amendments to the existing development agreement are consistent with the City of EI Segundo General Plan and as specified in the attached resolution. IV. Environmental Review CEQA Guidelines § 15168(c)(2) states that if a project is proposed which has been the subject of a prior certified EIR or adopted Negative Declaration, and "[i]f the [City] finds that pursuant to Guidelines § 15162, no new effects could occur or new mitigation measures would be required, the [City] can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required." The proposed fourth amendment is consistent with the FEIR, entitled Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development Final Environmental Impact Report (State Clearinghouse No. 2003121037), certified by the City Council on March 15, 2005 and the Statement of Overriding Considerations adopted as Section IV of City Council Resolution No. 4415. None of the elements set forth in Public Resources Code § 21166 or CEQA Guidelines § 15162 exists since the proposed changes in uses would not result in a new significant impact to the environment or require new mitigation measures. Accordingly, no subsequent or supplemental Environmental Impact Report, Mitigated Negative Declaration or Addendum is required to be prepared before adopting the draft Ordinance approving the proposed amendment. V. Conclusion and Recommendation Staff believes that the proposed Development Agreement and Zone Text amendments will help improve the performance of the Plaza EI Segundo shopping center and maintain a stable source of tax revenue for the City of EI Segundo. The proposed new uses are compatible with the existing uses at the center and are not anticipated to have significant negative impacts. Therefore, staff recommends that the Planning Commission review the facts as contained within this report,. conduct a public hearing, and adopt Resolution No. 2676 (Exhibit 1) which recommends that the City Council approve the draft DA amendment and Zone Text Amendment ZTA 10-03. 4 U3� VI. Exhibits 1. Draft Planning Commission Resolution No. 2676 2. Draft Ordinance 3. Fourth Amendment to Development Agreement 03-01 4. Trip Generation Report by Kimley-Horn and Associates, Inc., dated April 5, 2010 5. Site plans of Phase 1 and Phase 1 B 6. Applications Kimberly Chri ensen, AICP, Planning Manager Planning and uilding Safety Department Greg C enter,,0irector Planni and Building Safety Department PAPlanning & Building Safety\0 Planning - Old\PROJECTS (Planning)\851-875\EA 863\EA-863 DA Amendment PC staff report.06.10.10 5 036 r� RESOLUTION NO. 2676 A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL APPROVE A FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT NO. 03-01 FOR THE PLAZA EL SEGUNDO DEVELOPMENT PROJECT AND ZONE TEXT AMENDMENT ZTA 10-03 TO AMEND THE C-4 (COMMERCIAL CENTER) ZONE. The Planning Commission of the City of EI Segundo does resolve as follows: SECTION 1: The Planning Commission finds and declares that: A. On March 15, 2005, the City Council of the City of EI Segundo approved Environmental Assessment No. 631, General Plan Amendment (GPA No. 03-4), Zone Change (ZC No. 03-2) and Subdivision (SUB 03-7, Vesting Tentative Map No. 061630), and Development Agreement No. 03-01, to re -designate and re -zone an approximately 54.9 -acre property at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue. The applicant is developing a 425,000 square foot shopping center, known as Plaza El Segundo; B. On February 19, 2010, the' applicant filed an application for a Fourth amendment ("Fourth Amendment") to Development Agreement No. 03-01; C. The application from PES Partners, LLC was reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the EI Segundo Municipal Code ("ESMC"); D. 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); E. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for June 10, 2010; F. On June 10, 2010, the Commission opened the public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Commission by City Staff, public testimony, and representatives of the applicant; and G. This Resolution and its findings are made based upon the testimony and evidence presented to the Commission at its June 10, 2010, public hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department. SECTION 2: Factual Findings and Conclusions. The Commission finds that the following facts exist: A. The proposed Zone Text Amendment would allow medical and dental offices, not to exceed 5,000 square feet, as a permitted use in the C-4 Zone; B. The proposed Zone Text Amendment would allow automobile sales and service centers, not to exceed 70,000 square feet as a conditionally permitted use in the C-4 Zone; C. The proposed Development Agreement Amendment 'would allow a certified Farmer's Market to operate one day per week from 8 a.m. to 3 p.m.; D. The proposed Development Agreement Amendment would allow Medical and Dental Offices, not to exceed a total of 5,000 square feet of floor area; E. The proposed Development Agreement Amendment would allow an Automobile Sales and Service Center not to exceed 70,000 square feet; and F. The proposed Development Agreement Amendment would allow the entire Plaza EI Segundo Development Phase 1 property north of the Union Pacific Railroad and the Burlington Northern Santa Fe Railroad rights-of-way to be considered as a single parcel for the purpose of meeting the EI Segundo Municipal Code minimum parking requirements and to eliminate the requirement for individual parcels to have parking covenants recorded to transfer parking between parcels within the Phase 1 Development. SECTION 3: Environmental Assessment. Because of the facts set forth above and the Notice of Finding of Consistency, attached as Exhibit "A" and incorporated by reference, the proposed amendment is consistent with the FEIR, entitled Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development Final Environmental Impact Report (State Clearinghouse No. 2003121037), certified by the City Council on March 15, 2005 and the Statement of Overriding Considerations adopted as Section 5 of City Council Resolution No. 4415. Additionally, the EI Segundo City Council adopted an Addendum to the FEIR and re -adopted a Statement of Overriding Considerations as Section 5 of City Council Resolution No. 4542 on February 19, 2008. None of the elements set forth in Public Resources Code § 21166 or CEQA Guidelines § 15162 exists. Accordingly, -z- 038 no subsequent or supplemental Environmental Impact Report, Mitigated Negative Declaration or Addendum is required to be prepared before adopting the draft Ordinance approving the proposed Zone Text and Development Agreement amendments. SECTION 4: General Plan. The proposed project conforms. with the City's General Plan as follows: A. The General Plan contains relevant Goals, Objectives, and Policies in the Land Use Element. The goal stated in Goal LU4 is to "provide a stable tax base for the City through development of new commercial uses, primarily within a mixed-use environment, without adversely affecting the viability of Downtown." The proposed commercial uses would add to the stable tax base for the City by diversifying the mix of uses in the Plaza EI Segundo shopping center without adversely affecting the Downtown. B. The goal of Objective LU4-1 is to "promote the development of high quality retail facilities in proximity to major employment centers." The Plaza EI Segundo Development project is located in close proximity to major employment centers and the proposed commercial uses would help maintain it as a quality retail center and help create more employment opportunities in the City. C. The goal of Objective LU4-4 is 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 impacts, and encourage pedestrian environments." The proposed commercial uses within the Plaza EI Segundo Development project would help to provide synergistic relationships with the other retail businesses in the shopping center which would have the potential to maximize economic benefits, reduce traffic impacts because of reduced number of vehicle trips by consumers to multiple commercial uses within the shopping center, and to encourage greater pedestrian activities within the shopping center. D. The General Plan contains a number of relevant Goals, Objectives, and Policies in the Economic Development Element. Goal ED1 aims "to create in EI Segundo a strong, healthy economic community in which all diverse stakeholders may benefit." The proposed uses at the Plaza EI Segundo Development project would strengthen the shopping center, which is a major employer and tax contributor in the City of EI Segundo. As a result, the proposed uses would improve the employment base and have a positive fiscal impact on the City of EI Segundo. E. Objective ED1-1 is to build "support and cooperation among the City of EI Segundo and its businesses and residential communities for the mutual benefits derived from the maintenance and expansion of EI Segundo's -3- 039 economic base." Allowing the proposed uses at the Plaza EI Segundo Development .project is consistent with that objective in that it demonstrates the support and cooperation between the City of EI Segundo and one of its major business centers. F. According to Policy ED1-1.2, long -run efforts for economic development should focus on "diversification of EI Segundo's economic base in order to meet quality of life goals." The project would add to the diversification of the economic base in the City. Therefore, the uses permitted by this amendment will meet quality of life goals by benefiting the residential and business communities with more diverse retail uses not currently available in the City. G. Policies ED1-2.1 and ED1-2.2, both seek to promote land uses, which improve the City's retail and commercial tax base. The stated purpose of the Commercial Center Land Use Designation is to provide for retail and other commercial services which provide a fiscal benefit to the City. H. Goal ED2 aims "to provide a supportive and economically profitable environment as the foundation of a strong local business community." Allowing the proposed uses at the Plaza EI Segundo Development project would be consistent with this goal. I. Objective ED2-1 is "to strengthen the partnerships between local government, the residential community, and EI Segundo's business community." Allowing the proposed uses would be consistent with this objective, in that it would help strengthen the partnership between the City of EI Segundo and a major business center in the City. SECTION 5: Zone Text Amendment Findings. Based on the findings set forth in Section 2, the proposed Zone Text Amendment is consistent with the goals, policies, and objectives of the General Plan since it is: A. Consistent with the purpose of ESMC Title 15, which is to serve the public health, safety, and general welfare and to provide the economic and social advantages resulting from an orderly planned use of land resources. B. Necessary to facilitate the development process and ensure the orderly development of properties with an appropriate mix of uses. SECTION 6: Development Agreement Findings. The project approved as part of the Fourth Amendment to the Development Agreement would be as generally described in this Resolution relating to the addition of Sections 4.1.11, 4.1.12, 4.1.13, and 4.1.14 to the existing Development Agreement. Pursuant to City Council Resolution No. 3268, adopted June 26, 1984, the Planning Commission finds that: -4- U 4 0 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 Fourth Amendment to Development Agreement No. 03-01 would provide the following public benefits in exchange for valuable development rights (eight-year entitlement): 1. Increasing and further stabilizing the City's tax base through development of new commercial businesses. 2. The proposed amendment will provide fiscal benefit to the City by generating additional business license and sales tax revenue for the City's General Fund. 3. Increasing the diversity of retail uses and services in the City. 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. 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. These uses and development standards are similar and compatible with the other commercially zoned districts in the City. The proposed amendment to allow a certified Farmer's Market to operate one day per week from 8 a.m. to 2 p.m.; Medical and Dental Offices, not to exceed a total of 5,000 square feet of floor area; and an Automobile Sales and Service Center use, not to exceed 70,000 square feet; would be similar to and compatible with other uses permitted in the C-4 Zone. The proposed uses would be subject to the existing development standards in the C-4 Zone and adequate parking will be provided in compliance with the requirements of ESMC Chapter 15-15. C. The project is in conformity with the public convenience, general welfare and good land use practice. The proposed uses would be located within existing buildings in Phase 1 and future buildings in Phase 1 B in compliance with the existing development standards in the C-4 Zone. The C-4 Zone has a lower floor area ratio (0.275:1) than other commercial zones throughout the City. The uses would be compatible with other retail uses permitted in the C-4 Zone and continue diversification of the southeast quadrant of the City by providing a broad range of commercial uses consistent with the General Plan. D. The project will not be detrimental to the health, safety and general welfare. The proposed project will not create any negative environmental impacts in that it involves uses that are a minor alteration in land use limitations which do not result in any changes in land use or density and will not significantly increase traffic impacts. The uses will be contained within an existing shopping center without increasing the square footage -5- 041 or floor area ratio within the center. Adequate parking will be provided for the proposed uses in compliance with the requirements of ESMC Chapter 15-15. E. The project will not adversely affect the orderly development of property or the preservation of property values. The proposed C-4 development standards and development agreement will ensure that the project will be developed in an orderly fashion. SECTION 7: Recommendation. The Planning Commission recommends that the City Council adopt the draft ordinance, attached as Exhibit "B," and incorporated by reference, which would amend the C-4 (Commercial Center) Zone and Development Agreement No. 03-01 to allow: A. Medical and dental offices, not to exceed 5,000 square feet as a permitted use in the C-4 Zone; B. Automobile sales and service centers, not to exceed 70,000 square feet as a conditionally permitted use in the C-4 Zone; C. A certified farmer's market to operate one day per week from 8 a.m. to 3 p.m.; D. Medical and dental offices, not to exceed a total of 5,000 square feet of floor area; E. An automobile sales and service center, not to exceed 70,000 square feet; and F. The entire Plaza El Segundo Development Phase 1 property north of the Union Pacific Railroad and the Burlington Northern Santa Fe Railroad rights-of-way to be considered as a single parcel for the purpose of meeting the EI Segundo Municipal Code minimum parking requirements and to eliminate the requirement for individual parcels to have parking covenants recorded to transfer parking between parcels within the Phase 1 Development. SECTION 8: This Resolution will remain effective until superseded by a subsequent resolution. SECTION 9: The Commission Secretary is directed to mail a copy of this Resolution to PES Partners, LLC and to any other person requesting a copy. SECTION 10: This Resolution may be appealed within ten (10) calendar days after its adoption. All appeals must be in writing and filed with the City Clerk within this time period. Failure to file a timely written appeal will constitute a waiver of any right of appeal. SECTION 11. Except as provided in Section 10, this Resolution is the Planning Commission's final decision and will become effective immediately upon adoption. PASSED, APPROVED AND ADOPTED this 10th day of June 2010. ATTEST: Greg Carpenter, Secretary APPROVED AS TO FORM: Mark D. Hensley, City Attorney am David Wagner, Chairperson City of EI Segundo Planning Commission Karl H. Berger, Assistant City Attorney Wagner - Fellhauer - Baldino - Barbee - Newman - PAPlanning & Building Safety\0 Planning - Old\PROJECTS (Planning)\851-875\EA-863\Planning Commission\EA-863 PC. Reso.06.10.10. doc -7- 0 3 FINDING OF CONSISTENCY WITH GENERAL PLAN EIR AND THE FEIR FOR THE PLAZA EL SEGUNDO DEVELOPMENT CITY OF EL SEGUNDO AMENDMENT TO EL SEGUNDO MUNICIPAL CODE TO AMEND THE PERMITTED AND CONDITIONALLY PERMITTED USES IN THE C-4 (COMMERCIAL CENTER) ZONE June 2010 The City of EI Segundo has received an application that proposing to amend the EI Segundo Municipal Code (Chapter 15-5G — Commercial Zones) to allow medical and dental office uses as permitted uses and automobile sales and services centers as conditionally permitted uses in the C-4 (Commercial Center) Zone. In addition, it proposes to amend a Development Agreement adopted by Ordinance No. 1382 and subsequently amended by Ordinance Nos. 1406, 1417, and 1430(collectively the "DA"). The proposal constitutes a "project" under the California Environmental Quality Act (CEQA). Thus, environmental review is required pursuant to CEQA (Public Resources Code §§ 21000 et seq.), the State CEQA Guidelines (14 Cal. Code of Regs. §§ 15000, et seq.), and the City of EI Segundo CEQA Guidelines. This document serves as the project environmental documentation pursuant to CEQA. Background In 1992, EI Segundo adopted a comprehensive update of its General Plan, which included the Land Use and Economic Development elements. The 1992 General Plan and its subsequent amendments set forth policy for land use development in EI Segundo and within its sphere of influence. Additionally, on March 15, 2005, the EI Segundo City Council certified the FEIR, entitled Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development Final Environmental Impact Report (State Clearinghouse No. 2003121037), 2005 and adopted a Statement of Overriding Considerations as Section IV of City Council Resolution No. 4415 for the Plaza EI Segundo development. Further, the EI Segundo City Council adopted an Addendum to the FEIR and re -adopted a Statement of Overriding Considerations as Section 5 of City Council Resolution No. 4542 on February 19, 2008. The circumstances, impacts, and mitigation requirements identified in the General Plan EIR and the certified EIR and Addendum for the Plaza EI Segundo development remain applicable to the proposed amendments and the amendments do not raise any new issues and do not cause the level of impacts identified in the General Plan EIR to be exceeded. Specifically, the amendments to the EI Segundo Municipal Code (Chapter 15-5G — Commercial Zones) will allow medical and dental office uses as permitted uses and automobile sales and services centers as conditionally permitted uses in the C-4 ExhibitA Finding of Consistency 044 (Commercial Center) Zone. Amending the DA will implement these changes within the area affected by the DA. Relationship of the Zoning Text Amendments to the General Plan The proposed amendments to the EI Segundo Municipal Code ("ESMC") implement the goals, policies and programs outlined in the 1992 General Plan, including the Economic Development and Land Use elements. The Land Use Element was amended in 2005 to create a new "Commercial Center" Land Use designation. This designation "permits a mixture of community -serving retail, restaurants and other commercial service uses in an integrated shopping center design. This designation is intended to serve a broad cross section of the City and surrounding area. The maximum floor area ratio (FAR) is limited to 0.275." The amendments to the ESMC do not propose any changes to the FAR limits established for, and the proposed uses are consistent with, the Commercial Center Land Use designation. Adoption of the proposed amendments will not provide for any new development beyond that anticipated by land use policy set forth in the1992 General Plan Update and the subsequent 2005 update of the Land Use Element. Specifically, the proposed amendments are consistent with the following goals and policies of the General Plan Economic Development and Land Use elements: Land Use Element Goal LU4 is to "provide a stable tax base for the City through development of new commercial uses, primarily within a mixed-use environment, without adversely affecting the viability of Downtown." The proposed commercial uses would add to the stable tax base for the City by diversifying the mix of uses in the Plaza EI Segundo shopping center without adversely affecting the Downtown. Land Use Element Objective LU4-1 is to "promote the development of high quality retail facilities in proximity to major employment centers." The Plaza EI Segundo Development project is located in close proximity to major employment centers and the proposed commercial uses would help maintain it as a quality retail center and help create more employment opportunities in the City. Land Use Element Objective LU4-4 is 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 impacts, and encourage pedestrian environments." The proposed commercial uses within the Plaza EI Segundo Development project would help to provide synergistic relationships with the other retail businesses in the shopping center which would have the potential to maximize economic benefits, reduce traffic impacts because of reduced number of vehicle trips by consumers to multiple commercial uses within the shopping center, and to encourage greater pedestrian activities within the shopping center. Economic Development. Element Goal ED1 aims "to create in EI Segundo a strong, healthy economic community in which all diverse stakeholders may benefit." The proposed uses at Exhibit Finding of Consistency 2 c, 4 the Plaza EI Segundo Development project would strengthen the shopping center, which is a major employer and tax contributor in the City of El Segundo. As a result, the proposed uses would improve the employment base and have a positive fiscal impact on the City of EI Segundo. Economic Development Element Objective ED1-1 is to build "support and cooperation among the City of EI Segundo and its businesses and residential communities for the mutual benefits derived from the maintenance and expansion of EI Segundo's economic base." Allowing the proposed uses at the Plaza EI Segundo Development project is consistent with that objective in that it demonstrates the support and cooperation between the City of EI Segundo and one of its major business centers. According to Economic Development Element Policy ED1-1.2, long -run efforts for economic development should focus on "diversification of EI Segundo's economic base in order to meet quality of life goals." The project would add to the diversification of the economic base in the City. Therefore, the uses permitted by this amendment will meet quality of life goals by benefiting the residential and business communities with more diverse retail uses not currently available in the City. Economic Development Element Policies ED1-2.1 and ED1-2.2, both seek to promote land uses, which improve the City's retail and commercial tax base. The stated purpose of the Commercial Center Land Use Designation is to provide for retail and other commercial services which provide a fiscal benefit to the City. Economic Development Element Goal ED2 aims "to provide a supportive and economically profitable environment as the foundation of a strong local business community." Allowing the proposed uses at the Plaza EI Segundo Development project would be consistent with this goal. Economic Development Element Objective ED2-1 is "to strengthen the partnerships between local government, the residential community, and EI Segundo's business community." Allowing the proposed uses would be consistent with this objective, in that it would help strengthen the partnership between the City of EI Segundo and a major business center in the City. The proposed uses are consistent with all of the above goals, objectives, and policies. In addition, any automobile sales and service center proposed on the undeveloped portion of Plaza EI Segundo will be subject to a Conditional Use Permit. This permit will ensure that the proposed use will be reviewed and approved by the Planning Commission. Environmental Analysis As mentioned above, the proposed amendment is consistent with the FEIR, entitled ExhibitA Finding of Consistency 3 U4a Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development Final Environmental Impact Report(State Clearinghouse No. 2003121037), certified by the City Council on March 15, 2005 and the Statement of Overriding Considerations adopted as Section IV of City Council Resolution No. 4415. CEQA Guidelines § 15168(c)(2) states that if a project is proposed which has been the subject of a prior certified EIR or adopted Negative Declaration, and "[i]f the [City] finds that pursuant to Guidelines § 15162, no new effects could occur or new mitigation measures would be required, the [City] can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required." Section 15162 of the Guidelines defines the conditions under which a subsequent EIR would be required for a project as follows: (1) Substantial changes are proposed in the project which require major revisions of the EIR due to the involvement of new significant environmental effects or substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and/or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was adopted, shows any of the following: 1. The revised project will have one or more significant effects not discussed in the previous EIR; 2. Significant effects previously examined will be substantially more severe than shown in the previous EIR; 3. Mitigation measures or alterna tives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or 4. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. As stated above, the proposed amendments will not result in any land use policy change; thus, the project will not facilitate the creation of any additional development beyond that anticipated and accounted for at build -out by current land use policy in the General Plan or the approved FEIR and Addendum for the Plaza EI Segundo development. The proposed amendments will not result in any new environmental effect not already considered Exhibit Finding of Consistency 4 () t in the approved FEIR and Addendum. Findings Based on the above analysis, the City of EI Segundo hereby makes the following findings: 1. In 1992, the City of EI Segundo adopted a comprehensive General Plan update and certified a Final EIR. 2. In 2005, the City of EI Segundo certified a Final EIR and adopted a Statement of Overriding Considerations for the Plaza EI Segundo development. 3. In 2008, the City of EI Segundo adopted an Addendum to the Final EIR and re -adopted a Statement of Overriding Considerations for the Plaza EI Segundo development. 4. The proposed amendments will not facilitate the creation of any development beyond that anticipated and accounted for by the adopted General Plan or the certified Final EIR and Addendum for the Plaza El Segundo development. The Commercial Center Land Use designation sets a maximum FAR of 0.275 and the certified Final EIR and Addendum for the Plaza EI Segundo development sets a maximum building area of 448,829 square feet. The proposed amendments consist of text changes and will not result in additional floor area. 5. The proposed amendments consist of text changes. The ESMC (Chapter 15-5G — Commercial Zones) will be revised to allow medical and dental office uses as permitted uses and automobile sales and services centers as conditionally permitted uses in the C-4 (Commercial Center) Zone. 6. The Development Agreement amendment consists of adding permitted uses. The uses include: a certified Farmer's Market to operate one day per week from 8 a.m. to 3 p.m.; medical and dental offices that do not exceed a total of 5,000 square feet of floor area; an automobile sales and service center not to exceed 70,000 square feet. Additionally, the Development Agreement Amendment would allow the entire Plaza EI Segundo Development Phase 1 property north of the Union Pacific Railroad and the Burlington Northern Santa Fe Railroad rights-of-way to be considered as a single parcel for the purpose of meeting the EI Segundo Municipal Code minimum parking requirements and to eliminate the requirement for individual parcels to have parking covenants recorded to transfer parking between parcels within the Phase 1 Development. 7. Adoption of proposed amendments will not result in any new or increased environmental effects, and no new mitigation measures are required. 8. Pursuant to Section 151689(c)(2) of the CEQA Guidelines, no new environmental documentation is required for adoption of the amendments to the ESMC. ExhibitA Finding of Consistency S 048 C EXHIBIT B ORDINANCE NO. AN ORDINANCE AMENDING DEVELOPMENT AGREEMENT NO. 03-01 BETWEEN ROSECRANS-SEPULVEDA 2, LLC, AND ROSECRANS- SEPULVEDA 3, LLC (PES PARTNERS, LLC), AND THE CITY OF EL SEGUNDO AFFECTING THE PLAZA EL SEGUNDO DEVELOPMENT, AND AMENDING EL SEGUNDO MUNICIPAL CODE ("ESMC") C-4 (COMMERCIAL CENTER) ZONE REGULATIONS. The City Council of the City of EI Segundo does ordain as follows: SECTION 1: The City Council finds and declares that: A. On March 15, 2005, the City Council of the City of EI Segundo approved Environmental Assessment No. 631, General Plan Amendment (GPA No. 03-4), Zone Change (ZC No. 03-2) and Subdivision (SUB 03-7, Vesting Tentative Tract Map No. 061630), and Development Agreement No. 03- 01, to re -designate and re -zone an approximately 54.9 -acre property at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue. The applicant is developing a 425,000 square foot shopping center, known as Plaza EI Segundo; B. On February 19, 2010, the applicant filed an application for a Fourth amendment ("Fourth Amendment") to Development Agreement No. 03-01; C. The application from PES Partners, LLC was reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the EI Segundo Municipal Code ("ESMC"); D. 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); E. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for June 10, 2010; F. The Planning Commission held a public hearing regarding the application on June 10, 2010. Thereafter, the Planning Commission adopted Resolution No. 2676, recommending that the City Council amend Development Agreement No. 03-01; -1- iii 4 ) G. On July 6, 2010, the Council held a public hearing and considered the information provided by the Planning Commission, City Staff, public testimony, and representatives of the applicant PES Partners, LLC; and H. This Ordinance and its findings are made based upon the testimony and evidence presented to the Council at its July 6, 2010, public hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department. SECTION 2: Environmental Assessment. Because of the findings set forth in Planning Commission Resolution No. 2676, adopted June 10, 2010, which are incorporated by this reference, and the facts set forth in the administrative record including, without limitation, the staff report presented to the City Council, the proposed Fourth Amendment to Development Agreement No. 03-01 is consistent with the FEIR, entitled Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development Final Environmental Impact Report (State. Clearinghouse No. 2003121037), certified by the City Council on March 15, 2005 and the Statement of Overriding Considerations adopted in Section 5 of City Council Resolution No. 4415 on March 1, 2005. Additionally, the EI Segundo City Council adopted an Addendum to the FEIR and re- adopted a Statement of Overriding Considerations as Section 5 of City Council Resolution No. 4542 on February 19, 2008. None of the elements set forth in Public Resources Code § 21166 or CEQA Guidelines § 15162 exist. Accordingly, the City need not prepare a subsequent or supplemental Environmental Impact Report, Mitigated Negative Declaration, or Addendum before the City Council adopts this Ordinance approving the Fourth Amendment to Development Agreement No. 03-01. Nevertheless, the City Council reaffirms and readopts the Statement of Overriding Considerations set forth in Exhibit "A" to Resolution No. 4415 adopted by the City Council at a duly noticed public hearing on March 15, 2005, which is incorporated by reference as if fully set forth in this Ordinance. SECTION 3: Amendments to the Development Agreement. Development Agreement No. 03-01 is amended as set forth in attached Exhibit "A," which is incorporated into this Ordinance by reference. SECTION 4: EI Segundo Municipal Code ("ESMC") § 15-5G-2 is amended to read as follows: "PERMITTED USES: The following uses are permitted in the C-4 zone: A. Fitness centers (indoor only). B. General offices not exceeding five thousand (5,000) square feet. C. Medical and dental offices, not to exceed 5,000 sauare feet. GD. Pet supplies and services, including veterinary services. DE. Restaurants and cafes. u50 -2- C C € F. Retail and sales uses (excluding off site alcohol sales). G. Other similar uses approved by the director of planning and building safety, as provided by chapter 22 of this title." SECTION 5: ESMC § 15-513-5 is amended to read as follows: "USES SUBJECT TO CONDITIONAL USE PERMIT: The following uses are allowed subject to obtaining a conditional use permit, as provided by chapter 23 of this title: A. On site sale and consumption of alcohol at bars. B. Video arcades with four (4) or more video or arcade machines. C. Automobile sales and service centers, not to exceed 70.000 square feet. GD. Other similar uses approved by the director of planning and building safety, as provided by chapter 22 of this title." SECTION 6: 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: This Ordinance will remain effective until superseded by a subsequent ordinance. 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 EI 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. -3- Vii► � �. SECTION 9: This Ordinance will become effective on the thirty-first (31st) day following its passage and adoption. PASSED, APPROVED AND ADOPTED this day of July 2010. Eric Busch, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, 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 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 July 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 day of July, 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 PAPlanning & Building Safety\Planning-Old\PROJECTS (Planning)\826-850\EA 831\EA-863.draft CC Ordinance. PC.06.1 0.10 u'5 -4- C C. ORDINANCE NO. AN ORDINANCE AMENDING DEVELOPMENT AGREEMENT NO. 03-01 BETWEEN ROSECRANS-SEPULVEDA 2, LLC, AND ROSECRANS- SEPULVEDA 3, LLC (PES PARTNERS, LLC), AND THE CITY OF EL SEGUNDO AFFECTING THE PLAZA EL SEGUNDO DEVELOPMENT, AND AMENDING EL SEGUNDO MUNICIPAL CODE ("ESMC") C-4 (COMMERCIAL CENTER) ZONE REGULATIONS. The City Council of the City of. EI Segundo does ordain as follows: SECTION 1: The City Council finds and declares that: A. On March 15, 2005, the City Council of the City of EI Segundo approved Environmental Assessment No. 631, General Plan Amendment (GPA No. 03-4), Zone Change (ZC No. 03-2) and Subdivision (SUB 03-7, Vesting Tentative Tract Map No. 061630), and Development Agreement No. 03- 01, to re -designate and re -zone an approximately 54.9 -acre property at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue. The applicant is developing a 425,000 square foot shopping center, known as Plaza EI Segundo; B. On February 19, 2010, the applicant filed an application for a Fourth amendment ("Fourth Amendment") to Development Agreement No. 03-01; C. The application from PES Partners, LLC was reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the EI Segundo Municipal Code ("ESMC"); D. In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEOX), 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); E. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for June 10, 2010; F. The Planning Commission held a public hearing regarding the application on June 10, 2010. Thereafter, the Planning Commission adopted Resolution No. 2676, recommending that the City Council amend Development Agreement No. 03-01; 053 -1- G. On July 6, 2010, the Council held a public hearing and considered the information provided by the Planning Commission, City Staff, public testimony, and representatives of the applicant PES Partners, LLC; and H. This Ordinance and its findings are made based upon the testimony and evidence presented to the Council at its July 6, 2010, public hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department. SECTION 2: Environmental Assessment. Because of the findings set forth in Planning Commission Resolution No. 2676, adopted June 10, 2010, which are incorporated by this reference, and the facts set forth in the administrative record including, without limitation, the staff report presented to the City Council, the proposed Fourth Amendment to Development Agreement No. 03-01 is consistent with the FEIR, entitled Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development Final Environmental Impact Report (State Clearinghouse No. 2003121037), certified by the City Council on March 15, 2005 and the Statement of Overriding Considerations adopted in Section 5 of City Council Resolution No. 4415 on March 1, 2005. Additionally, the EI Segundo City Council adopted an Addendum to the FEIR and re- adopted a Statement of Overriding Considerations as Section 5 of City Council Resolution No. 4542 on February 19, 2008. None of the elements set forth in Public Resources Code § 21166 or CEQA Guidelines § 15162 exist. Accordingly, the City need not prepare a subsequent or supplemental Environmental Impact Report, Mitigated Negative Declaration, or Addendum before the City Council adopts this Ordinance approving the Fourth Amendment to Development Agreement No. 03-01. Nevertheless, the City Council reaffirms and readopts the Statement of Overriding Considerations set forth in Exhibit "A" to Resolution No. 4415 adopted by the City Council at a duly noticed public hearing on March 15, 2005, which is incorporated by reference as if fully set forth in this Ordinance. SECTION 3: Amendments to the Development Agreement. Development Agreement No. 03-01 is amended as set forth in attached Exhibit "A," which is incorporated into this Ordinance by reference. SECTION 4: EI Segundo Municipal Code ("ESMC") § 15-5G-2 is amended to read as follows: "PERMITTED USES: The following uses are permitted in the C-4 zone: A. Fitness centers (indoor only). B. General offices not exceeding five thousand (5,000) square feet. C. Medical and dental offices, not to exceed 5.000 square feet. GD. Pet supplies and services, including veterinary services. GE. Restaurants and cafes. 054 -2- € F. Retail and sales uses (excluding off site alcohol sales). G. Other similar uses approved by the director of planning and building safety, as provided by chapter 22 of this title." SECTION 5: ESMC § 15-5G-5 is amended to read as follows: "USES SUBJECT TO CONDITIONAL USE PERMIT: The following uses are allowed subject to obtaining a conditional use permit, as provided by chapter 23 of this title: A. On site sale and consumption of alcohol at bars. B. Video arcades with four (4) or more video or arcade machines. C. Automobile sales and service centers, not to exceed 70.000 square feet. GD. Other similar uses approved by the director of planning and building safety, as provided by chapter 22 of this title." SECTION 6: 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: This Ordinance will remain effective until superseded by a subsequent ordinance. 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 EI 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. Cis -3- SECTION 9: This Ordinance will become effective on the thirty-first (31st) day following its passage and adoption. PASSED, APPROVED AND ADOPTED this day of July 2010. Eric Busch, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, 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 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 July 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 day of July, 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 PAPlanning & Building Safety\Planning-Old\PROJECTS (Planning)\826-850\EA 831\EA-863.draft CC Ordinance.PC.06.10.10 u 5 G -4- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF EL SEGUNDO 350 Main Street El Segundo, California 90245 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF EL SEGUNDO AND ROSECRANS-SEPULVEDA PARTNERS, 2, LLC AND PES PARTNERS, LLC (AREA A) THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 44386\1273112v18 6/3/2010 C TABLE OF CONTENTS Page 1. Recitals............................................................................:....................................................1 2. Amendments to Section 4.1 of the Development Agreement..............................................3 3. Remainder of Development Agreement to Remain in Full Force and Effect......................3 DEFINITIONS............................................................................................................. EXHIBIT A t:'Jb 443861127311208 i 6/3/2010 C FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT This Fourth Amendment to Development Agreement ("Fourth Amendment") is made and entered into by and among the CITY OF EL SEGUNDO, a municipal corporation ("City") and ROSECRANS-SEPULVEDA PARTNERS, 2, LLC, a Delaware limited liability company ("RSP 2") and PES PARTNERS, LLC, a Delaware limited liability company ("PESP") as of this — day of , 2010. RSP 2 and PESP are collectively referred to as "Developer." City and Developer are individually referred to as "Party" and collectively as "Parties." In consideration of the mutual covenants and agreements contained in this Fourth Amendment, City and Developer agree as follows: 1. Recitals. This Fourth Amendment is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties: 1.1 RSP 2's and PESP's predecessor -in -interest, Rosecrans -Sepulveda Partners, LLC ("RSP"), and the City are parties to a Development Agreement dated March 16, 2005 (the "Development Agreement"), which Development Agreement was recorded on April 6, 2005 in the Official Records of Los Angeles County as Instrument No. 05 0797875. 1.2 Unless otherwise stated in this Fourth Amendment, all capitalized terms used in this Fourth Amendment have the same definitions as set forth in the Development Agreement. 1.3 On November 10, 2005, RSP and RSP 2 executed an Assignment and Assumption Agreement (the "RSP 2 Assignment") whereby RSP conveyed to RSP 2, in accordance with the provisions of Section 3 of the Development Agreement, RSP's right, title, and interest in and to the Development Agreement and the Project Approvals with respect to approximately 4.7 acres of the Property (the "RSP 2 Property"). The RSP 2 Assignment was recorded on January 19, 2006 in the Official Records of Los Angeles County as Instrument No. 06 0128517. 1.4 On November 10, 2005, RSP and PESP's predecessor -in -interest, Rosecrans -Sepulveda Partners, 3, LLC ("RSP 3") executed an Assignment and Assumption Agreement (the "RSP 3 Assignment") whereby RSP conveyed to RSP 3, in accordance with the provisions of Section 3 of the Development Agreement, RSP's right, title, and interest in and to the Development Agreement and the Project Approvals with respect to approximately 37.3 acres of the Property (the "PESP Property" and/or "Phase IA"). The RSP 3 Assignment was recorded on January 19, 2006 in the Official Records of Los Angeles County as Instrument No. 06 0128518. 1.5 On July 31, 2007, RSP 3 executed an Assignment and Assumption Agreement ("PESP Assignment") whereby RSP 3 conveyed to PESP, in accordance with the provisions of Section 3 of the Development Agreement, RSP 3's right, title and interest in and to the Development Agreement and the Project Approvals with respect to the PESP Property. The PESP Assignment was recorded on August 3, 2007 in the Official Records of Los Angeles County as Instrument No. 2007 1838772. 05,1- 44386\1273112x18 1 6/3/2010 1.6 As of June 19, 2007, City, RSP 2 and RSP 3 executed Operating Memorandum No. 1 to the Development Agreement ("Operating Memorandum No. 1"), which Operating Memorandum No. 1 was recorded on August 14, 2007 in the Official Records of Los Angeles County as Instrument No. 20071901777. 1.7 As of July 30, 2007, City, RSP 2 and RSP 3 executed a First Amendment to Development Agreement (the "First Amendment") which First Amendment was recorded on October 2, 2007 in the Official Records of Los Angeles County as Instrument No. 2007 2256909. 1.8 As of March 4, 2008, City, RSP 2 and PESP executed a Second Amendment to Development Agreement (the "Second Amendment") which Second Amendment was recorded on March 25, 2008 in the Official Records of Los Angeles County as Instrument No. 20080507797. For purposes of this Third Amendment, the term "Development Agreement" shall include the First and Second Amendments. 1.9 As of July 21, 2009, City, RSP 2 and PESP executed a Third Amendment to Development Agreement (the "Third Amendment") which Third Amendment was recorded on March 26, 2010 in the Official Records of Los Angeles County as Instrument No. 20100414500 For purposes of this Fourth Amendment, the term "Development Agreement" shall include the First, Second, and Third Amendments. 1.10 The limitations imposed within the Development Agreement were primarily intended to ensure that the Project remain principally retail in nature and to prevent significant competition with the business in downtown El Segundo. As the Project has evolved, the Developer realized that certain service-oriented businesses provide an excellent complement to the retail tenant base and, in fact, have and will greatly assisted in insuring the survival of the small tenants who are not destination -oriented. The addition of the proposed uses within this Fourth Amendment are consistent with the goal of maintaining a thriving retail center with minimal vacancies and with the attendant production of sales tax proceeds to the City. Without these uses, the Developer believes that the vacancies that currently exist will remain for the foreseeable future and the boutique tenants will face a greater chance of failure. 1.11 Section 4. 1.11 is added by this Fourth Amendment to allow the use of a certified farmer's market. The use is intended to be primarily the sale of retail goods such as but not limited to produce, baked goods, dairy products, flowers and other food and retail items direct to consumers from farmers and other vendors. A musician may be present, with amplified sound, to enhance the shopping experience at the farmer's market. The market will typically operate one day per week from 8 a.m. — 3 p.m., with set up between 7 a.m. — 8 a.m. and clean up between 3 p.m. -4 p.m., and will typically occupy one row of parking spaces in Phase 1. Traffic studies have shown that this use will not have a negative impact on the access or parking availability during the farmer's market operation. 1.12 Section 4.1.12 is added by this Fourth Amendment to allow the uses of medical and dental offices and ancillary uses on a limited basis, in Phase 1. 060 44386\1273112v18 2 6n12010 1.13 Section 4.1.13 is added by this Fourth Amendment to allow the use of an automobile sales and service center. This use is intended to allow the sale of new vehicles, used vehicles, vehicle parts (including but not limited to tires) and accessories directly to consumers, and including a storage lot and showroom, as well as a full service vehicle maintenance and repair center in Phase 1B, subject to the issuance of a Conditional Use Permit by the City of El Segundo. 1.14 The City Council determined that none of the elements set forth in Public Resources Code § 21166 or CEQA Guidelines § 15162 ("CEQA Guidelines") exist. Accordingly, the City Council finds, in accordance with Public Resources Code § 21166 or CEQA Guidelines § 15162 ("CEQA Guidelines, that no subsequent or supplemental Environmental Impact Report or Mitigated Negative Declaration is required to be prepared before adopting the Ordinance approving this Fourth Amendment. 1.15 Section 15 of the Development Agreement provides for amendment of the Development Agreement upon mutual consent of the parties and in accordance with the procedures established by the Development Agreement Act. The City Council found that this Fourth Amendment has been adopted in conformance with the procedures of the Development Agreement Statute set forth in Government Code §§ 65865, et seq. 1.16 On , 2010, the Planning Commission held a duly noticed public hearing on this Fourth Amendment and, at the conclusion thereof, adopted Resolution No. , recommending to the City Council approval of this Fourth Amendment. 1.17 On , 2010, the City Council held a duly noticed public hearing on this Fourth Amendment and, at the conclusion thereof, introduced Ordinance No. and on , 2010, the City Council adopted Ordinance No. approving this Fourth Amendment. Ordinance No. became effective on , 2010. 2. Amendments to Section 4.1 of the Development Agreement. Section 4.1 of the Development Agreement is amended to add new Sections 4.1.11, 4.1.12, 4.1.13 and 4.1.14 to read as follows: "4.1.11 Farmer's Maiket. A certified Farmer's Market, at which farmers and other vendors sell produce, baked goods, dairy products and other food and retail goods directly to consumers, is permitted to operate in the parking lot of Phase 1. A musician may be present, with amplified sound. The market will typically operate one day per week (Wednesday) from 8 a.m. — 3 p.m., with set-up between 7 a.m.-8 a.m. and clean-up between 3 p.m. -4 p.m. A site plan that includes the location of the Farmer's Market must be reviewed and approved to the satisfaction of the Director of Planning and Building Safety. " "4.1.12 Medical and Dental Office. Medical and dental offices and ancillary uses are permitted, provided such uses do not exceed a total of 5,000 square feet of floor area." 44386\1273112v18 3 6/7/2010 "4.1.13 Automobile Dealership and Service Center. An automobile dealership which sells new vehicles, used vehicles, vehicle parts (including tires) and accessories directly to consumers, and including a storage lot and showroom, as well as an full service vehicle maintenance and repair center, is an allowable use in Phase 113 subject to a valid Conditional Use Permit issued by the City, provided such use does not exceed a total building area of 70,000 square feet." "4.1.14 Parking. The total number of parking spaces provided on an individual parcel need not comply with the El Segundo Municipal Code, provided that the total number of parking spaces within the entire Plaza El Segundo Phase 1 Shopping Center conform to the El Segundo Municipal Code and provided that such parking spaces are remain collectively available and accessible to all tenants of the Plaza El Segundo Phase 1 Shopping Center and their customers, employees and invitees." Remainder of Development Agreement to Remain in Full Force and EffectExcept as set forth in this Fourth Amendment, all terms and conditions of the Development Agreement shall remain in full force and effect. IN WITNESS WHEREOF, Developer and City have executed this Fourth Amendment on the date first above written. CITY: CITY OF EL SEGUNDO, a municipal corporation Eric Busch, Mayor ATTEST Cindy Mortesen City Clerk APPROVED AS TO FORM: wo Mark D. Hensley, City Attorney [SIGNATURES CONTINUED ON NEXT PAGE] 44386\127311208 4 6/3/2010 06*2 DEVELOPER ROSECRANS-SEPULVEDA PARTNERS, 2, LLC, a Delaware limited liability company By: CCA Sepulveda, LLC, a California limited liability company Its: Managing Member By: Name: Its: By:_ Name: Its: PES PARTNERS, LLC, a Delaware limited liability company By: Rosecrans -Sepulveda Partners 3, LLC, a Delaware limited liability company Its: Sole Member By: CCA Sepulveda, LLC a California limited liability company Its: Managing Member By:_ Name: Its: By:_ Name: Its: 063 44386\127311208 5 6/3/2010 STATE OF CALIFORNIA ) ss: COUNTY OF LOS ANGELES ) On , 2010 before me, (here insert name of the officer), Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public [Seal] STATE OF CALIFORNIA ) ss: COUNTY OF LOS ANGELES ) On , 2010 before me, (here insert name of the officer), Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public [Seal] 064 44386\1273112v18 6 6/3/2010 STATE OF CALIFORNIA ) ss: COUNTY OF LOS ANGELES ) On , 2010 before me, (here insert name of the officer), Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public [Seal] STATE OF CALIFORNIA ) ss: COUNTY OF LOS ANGELES ) On , 2010 before me, (here insert name of the officer), Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public [Seal] x;'6:7 44386\127311208 7 6/3/2010 EXHIBIT "A" DEFINITIONS Section CEQAGuidelines...................................................................................................................... 1.16 City.................................................................................................................................Introduction Developer.......................................................................................................................Introduction DevelopmentAgreement............................................................................................................. 1.1 FirstAmendment........................................................................................................................ 1.7 OperatingMemorandum No. 1.................................................................................................... 1.6 Party/Parties...................................................................................................................Introduction PESP...........................................................................................................................Introduction PESPAssignment........................................................................................................................ 1.5 PESPProperty.............................................................................................................................. 1.4 PhaselA...................................................................................................................................... 1.4 Phase113 ....................................................................................................................................... 1.8 Phase1B Property........................................................................................................................ 1.8. RSP.............................................................................................................................................. 1.1 RSP2.............................................................................................................................Introduction RSP2 Assignment....................................................................................................................... 1.3 RSP2 Property............................................................................................................................. 1.3 RSP3............................................................................................................................................ 1.4 RSP3 Assignment........................................................................................................................ 1.4 SecondAmendment..................................................................................................................... 1.8 ThirdAmendment..........................................................................................................Introduction 0606 % 44386\327311208 Definitions -1 6/3/2010 ❑ � ❑ Kimley-Horn and Associates, Inc. April 5, 2010 Ms. Kimberly Christensen City of El Segundo 350 Main Street El Segundo,. CA 90245-3 813 Re: Trip Generation Analysis for the Proposed Revisions for Plaza El Segundo Phases 1 A and 1 B Dear Ms. Christensen: Kimley-Hom and Associates, Inc. (KHA) has prepared this report to evaluate the project -related Trip Generation for the proposed revisions to the Plaza El Segundo project Phases 1 A and 1 B. The project is located at the northeast comer of Sepulveda Boulevard and Rosecrans Avenue in the City of El Segundo. Approved Project Plaza El Segundo was originally approved by the City for 425,000 square feet of development in Phase 1, and another 425,000 square feet in Phase 2. The project was approved with the following maximum permitted trips: Project Phase Daily AM Peak PM Peak Saturday Midday Phase 1 16,645 779 1,477 2,205 Phase 2 9,214 254 869 1,174 Total Project 25,859 1,033 2,346 3,379 In a subsequent approval in February, 2008, Phase 1 was modified to include 378,829 square feet of completed development (Phase 1A) and an additional 70,000 square feet of shopping center development on an adjacent parcel (Phase 1 B). The project applicant now wishes to modify some of the land uses in Phase i A and 1 B. This analysis has been prepared to determine if the trips that would be generated by the proposed new mix of land uses would exceed the trip limit established by the City Council. ■ TEL 714 939 1030 FAX 714 938 9488 ■ Suite 400 765 The Ciry Drive Orange, California 92868 " N" . L�lt� r ate❑ Kimley-Horn and Associates, Inc, Ms. Kimberly Christensen. April 5, 2010, Page 2 Proposed Project The previously approved Phase I development includes 378.829 square feet of development for Phase IA, and 70,000 square .feet of shopping center for Phase 1B. The applicant proposes to convert 5,000 square feet of shopping center use in Phase IA to medical/dental office, and to change the land use in Phase 1B to an auto dealership. A summary of the proposed changes for Phase IA and 1B is shown in Table 1. Trip Generation Estimates Trip generation estimates for the proposed development were calculated based on the trip generation rates listed in the project's Conditions of Approval, dated February 19, 2008.' The source for these trip generation rates was the Institute of Transportation Engineers (ITE) Trip Generation (7th Edition) publication (2003). The list of land uses and trip generation rates in the Conditions of Approval did not include Auto Dealership or Medical/Dental Office uses, which are now proposed to be included in Phase 1. For this analysis, trip generation rates for land uses not specified in the Conditions of Approval are based on the 7a' Edition of the ITE Trip Generation manual,_ consistentwith the approved trip generation rates. Trip generation rates used in this analysis are shown on Table 2. Trip generation calculations included several adjustment factors, consistent with previously approved reports for Plaza El Segundo. • Pass -by reductions were applied to shopping center (25%), supermarket (351/6), and electronic superstore (10%) land uses to account for trips that are already occurring on the roadway. • Internal capture reduction of 20% was applied to the supermarket, electronic superstore, and quality restaurant land uses to account for customers who visit more than one land use during a single trip to the development. • Transit credit is applied to account for 5% of employees and 2% of customers who are anticipated to use transit to access the site. Table 3 shows that the revised Phase l A is forecasted to generate 13,193 daily trips, including 404 in the morning peak hour and 1,300 in the evening peak hour. It is anticipated to generate 1,615 trips during the Saturday midday peak hour. I City Council Resolution No. 4542 Exhibit "C", City Council Ordinance No. 1417, Exhibit "B", Conditions, of Approval. Copy attached. 068 Ms. Kimberly Christensen, April 5, 2010, Page 3 U69 TABLE 1 PLAZA EL SEGUNDO LAND USE SUMMARY Land Use [PHASE Square Footage 1__±2proved, Pro osed 1A Shopping Center 254,540 249,540 Supermarket 66 811 66,611 Electronic Superstore 42,735 42,735 Quality Restaurant 14,743 14,743 Medical -Dental Office — 5,000 PHASE 1A TOTAL 378,829 378 829 PHASE 1 B Shopping Center 70,000 — New Car Sales — 70,000 PHASE 1B TOTAL 70,000 70,000 TOTAL PHASE 1 448,829 448,829 U69 : D o � £ a w $ w 2 b o � a 2 G ¥ 2 w & Cq k % (3) & 9 - � 2 w V) o Lo CN � pi w W w :d% 2 � I- & o _ V Ci .& & - & .© c g q q o - w cq in a$ E g o$ CR L � o d & w 0 ■ M 0 La 2 § p q g � o d- d a d a U3 uj M . . uj c g s in $ q k � - d &6 d - RLu � . IL LO � $ o B m co Iq .0 LL LL LL LL u- LL � k k I � E $ k c E b CO Jm CD k 2 a [ § � R § ) 2 Z J L,?U � CO O N .� N (A tD t- O N co b Q F N 4m .�. N 0� r coo cq C-4 T O m N N CO r' �t CN7 r O N emsco - in w O O Q t� N C 010m r -- i ap c� n O O O e - p coq O CO LCO o 09 tM� oNf SQ O N ti CO .�. T c)+ M O N O- t�ppC9 00-014 d M i j tv O r O N W CD r— M N r O �p O N O N Mtrp aD Ln N v N co N N O N O N M r r r r r gW Qw ap O pp N t0 `' N O N M O cn i W C mO CO) .0 v c0 0 -- 2 0 lr7 _10 M W W a Q N CID � l0 O ONi �,�� l� N O m O aPD goW 0 O N S ui *- ai .- r F W W r C7 d yLLL LL LL LL LL 9L Y Y Y Y Y Y Q L W W S _ ui ao n N O O W. 00 com rneq W CIL W V CL EC O WW, Q C0O Q to Cc 21 c a o o o �. m _ a t mm ID CL 49 o �oIL IL C N N M .O N O N U O dc uj CL ° W ZN cn v LO P4 FN O O N N 00 v! D 9 0 0 00 0 0fO20 N Q Goco O O O O Ot- 1 H {7 coo 00 co r T y r \ M aoC-300� R 00 gn f7 O W 2 p Q O O N N /0 J N W C-4 r �• O LLY IL m W y Y 4 Q W CL co) ci ti d W m v Iz adC4 aicLo FC ., Z 0 4 d ac 3 c o ° ` m m,LO o � � lu d. 10CO o O O H W �a? v� z o a 4 o a a Z T 07 ❑�� Kimley-Horn and Associates, Inc. Ms. Kimberly Christensen, April 5, 2010, Page 7 Table 4 shows that the revised Phase 1 B is forecasted to generate 2,334 daily trips, including 144 in the morning peak hour and 185 in the evening peak hour. It is anticipated to generate 208 trips during the Saturday midday peak hour. After all trip generation credits are applied, the combination of Phase IA and 113 is expected to generate 15,124 daily trips, with 534 trips in the morning peak hour, 1,446 trips in the evening peak hour, and 1,776 trips during the midday peak hour on Saturdays. Table 4 also shows that the trips that would be generated by the proposed mix of land uses would not exceed the originally -established maximum number of trips allowed for the Phase 1 development. The proposed mix of land uses would generate 1,521 fewer daily trips, 245 fewer AM peak hour trips, and 31 fewer PM peak hour trips than the approved trip cap, with 429 fewer trips during the Saturday midday peak hour. Farmer's Market The city proposes to hold a Farmer's Market at Plaza EI Segundo one day a week, from 8:00 AM to 2:00 PM. The ITE Trip Generation manual does not provide trip generation rates for this use. Trips generated by the proposed Farmer's .Market would depend on a number of factors,including the number of vendors, the number of visitors, percentage of visitors using transit, vehicle occupancy 'rate, etc. Internet research shows that traffic analyses prepared for other Farmer's Markets indicate that trip generation rates ranged from 0.27 to 1.0 peak hour trips per vendor. This would only apply to the weekday morning peak hour, since the Farmer's Market would end at 2:00 PM. Although operational details of the Farmer's Market are not yet available, the number of trips associated with this use is not anticipated to be significant, and is not expected to cause a significant impact. Approved Trip Generation Rates At the time of project approvals, trip generation rates were based on the then -current version of the ITE Trip Generation manual, which was the 7`h Edition (2003). Since then, ITE has published the 8`h Edition (2008) of the Trip Generation manual. Some of the trip generation rates for approved land uses for Plaza El Segundo have changed slightly. For information purposes, a comparison of the trip generation rates from the 7`h and 8"' Editions for Plaza EI Segundo land uses is provided on Table 5. Review of Table 5 shows that, depending on the land use and the time period, trip generation rates have gone up or down slightly in some cases while in others, they have remained the same. Ms. Kimberly Christensen, APril 5, 2010, Page 8 Sources: Institute of Transportation Engineers (ITE) Trip Generation, 7th Edition (2003) and 8th Edition (2008) I'1 Trip Generation rates for the Saturday Midday, Peak Hour are based on Saturday Peak Hour of Generator. 121 Trip Generation rates for Shopping Center are based on the regression equation for the approved Shopping Center square footage (425,000 square feet). 131 Trip Generation rates for Supermarket are based on the regression equation for the approved Supermarket square footage (66,811 square feet). 141 Trip generation rates for Saturday peak hour were not available; Weekday PM peak hour rates were used. TABLE 5 TRIP GENERATION RATES COMPARISON OF ITE TRIP GENERATION 7th AND 8th EDITIONS Use AM Peak Hour Dail In Out Total PM Peak Hour Saturday Peak ZI'ILand In Out Total In Out Shopping Center 121- Land Use 820 7th Edition 40.93 0.54 0.34 0.88 1.84 1.99 3.83 2.71 2.50 5.22 8th Edition 40.93 0.52 0.33 0.85 1.93 2.01 3.95 2.69 12.48 5.16 Supermarket 13J - Land Use 850 7th Edition 87.78 2.79 1.79 4.58 .5,18 4.97 10.15 5.50 5.28 10..78 8th Edition 87.78 2.19 1.40 3.59 5.14 4.94 10.09 5.53 5.32 1 10.85 Free Standing Discount Store - Land Use 815 7th Edition 56.02 0.57 0.27 0.84 2.53 2.53 5.06 3.87 3.71 7,58 8th Edition 53.13 0.94 0-73_A 1.67 2.26 2.35 4.61 2.82 2.82 5.64 Electronic Superstore 141 - Land Use 863 7th Edition 45.04 0.15 0.1.3 1 0.28 2.21 2.30 4.5 2.21 2.30 1 4.5 8th Edition 45.04 0,15 0.13 0.28 2.21 2.30 4.5 2.21 2.30 4.5 Health Club 141- Land Use 493 7th Edition 43.00 1.77 1.29 3.06 3.63 2.13 5.76 3.63 2.13 5.76 8th Edition 43.00 1.81 1.16 2.97 1 3.70 2.?§j 5.96. 3.27 3.40 6.67 Fast -Food Restaurant with Drive -Through Window - Land Use 934 7th Edition 496.12 27.09 26.02 53.11 1 18.01 16.63 34.64 30.19 1 29.01 59.20 8th Edition 496.12 25.17 24.18 49.35 17.60 16.24 33.84 30.29 29.10 59.39 High Turnover (Sit -Down) Restaurant - Land Use 932 7th Edition 127.15 5.99 5.53 11.52 6.66 4.26 10.9212.60 7.40 20.00 8th Edition 127.15 5.99 5.53 11.52 6.58 4.57 11.15 7.46 6.61 14.07 Quality Restaurant - Land Use 931 7th Edition 89.95 0.66 0.15 0.81 5.02 2.47 7.49 6.38 1 4.44 10.82 8th Edition 89.95 0.66 0-151 0.81 1 5.02 1 2.47 7.49 t 6.38 1 4.44 10.82 Medical -Dental Office - Land Use 720 7th Edition. 36.13 1.96 0.52 2.48 1 1.00 1 2.72 3.72 1 2.07 1.56 3.63 8th Edition 36.13 1.82 0.48 2.36-1 0.93 2.53 3.46 2.07 1.56 3.63 New Car Sales - Land Use 841 7th Edition 33.34 1.52 0.53 2.05 1.03 1.61 2.64 1 1.51 1.46 2.97 8th Edition 33.34 1.50 0.53 2.03 1.01 1 1.58 2.59 1 1.51 1.46 2.97 Sources: Institute of Transportation Engineers (ITE) Trip Generation, 7th Edition (2003) and 8th Edition (2008) I'1 Trip Generation rates for the Saturday Midday, Peak Hour are based on Saturday Peak Hour of Generator. 121 Trip Generation rates for Shopping Center are based on the regression equation for the approved Shopping Center square footage (425,000 square feet). 131 Trip Generation rates for Supermarket are based on the regression equation for the approved Supermarket square footage (66,811 square feet). 141 Trip generation rates for Saturday peak hour were not available; Weekday PM peak hour rates were used. /► �❑KimieyHorn and Associates, Inc. Ms. K imberhv Christensen, April 5, 2010, Page 9 The trip generation estimates in this analysis are based on the 7a` Edition THR Generation manual, as required by the Conditions of Approval. Since the Phase 1 trip generation for the PM peak hour is the time period that is closest to the approved trip cap (within 31 trips), an evaluation of the 8'h Edition trip generation rates was conducted for the PM peak hour. If the 81h Edition rates were applied to the proposed Phase I mix of uses, the total PM peak hour trip generation would be 20 trips more than the approved 7'h Edition trip rates. This would still be under the approved trip cap for Phase 1, with a cushion of I 1 trips. Please contact me if you have any questions, or if you need additional information. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Serine Ciandella, AICP Stephen Chang, AICP Vice President Transportation Planner EL SEGUNDO CITY COUNCIL MEETING DATE: August 3, 2010 AGENDA STATEMENT AGENDA HEADING: Special Order of Business AGENDA DESCRIPTION: Consideration and possible action to open a Public Hearing, consider testimony, and adopt a Resolution finding that the City conforms with the annual Congestion Management Program (CMP) and adopting the annual CMP Local Development Report, in accordance with California Government Code § 65089. (Fiscal Impact: None). RECOMMENDED COUNCIL ACTION: 1. Open Public Hearing; 2. Discussion; 3. Adopt Resolution; and/or 4. Alternatively, discuss and take other possible related action to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Draft Resolution 2. 2010 Local Development Report 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 P ing and Building Safety APPROVED BY: Jack Wayt, City Manag BACKGROUND AND DISCUSSION: I. Backsround The Congestion Management Program (CMP) became effective with voter approval of Proposition 111 in June 1990. The CMP is a tool to facilitate coordination between transportation and land use decisions. It requires agencies to weigh the impacts of traffic generated by developments and requires the mitigation of additional congestion. In accordance with State law the Los Angeles County Metropolitan Transportation Authority (MTA) has adopted the CMP for Los Angeles County. Cities within the County are required to comply with the adopted CMP or risk the loss of Gas tax revenues received pursuant to Proposition 111. The MTA requires that by September 15` of each year, local agencies submit a self -certification Resolution and a Local Development Report pursuant to a noticed public hearing as required by State law. The self -certification Resolution consists of the following: A finding that the City is in conformance with the CMP. 2. Certification that the City will continue to implement the Transportation Demand Management Ordinance. (ESMC Chapter 15-16). 3. Certification that the City will continue to implement a Land Use Analysis Program. (City Council Resolution No. 3805). 4. 2010 Local Development Report. In previous years, the CMP required the City to calculate the total debits and credits accruing from building and demolition permits and transportation improvement strategies and to maintain a positive credit balance. The City's credit balance as of May 31, 2003 was 6,642. On February 18, 2004, MTA suspended the requirement that cities maintain a positive credit balance and suspended the requirement to calculate credits and debits resulting from construction activity and transportation improvements strategies while it prepares a nexus study to explore the feasibility of implementing a congestion mitigation fee to meet CMP Deficiency Plan requirements. The City's current credit balance remains frozen until MTA completes its study. Metro staff and their consultants are actively working on a proposed Congestion Mitigation Fee. The Congestion Mitigation Fee would be a one time fee applied to all types of new development. Metro staff provided a briefing to the South Bay Cities COG at the end of May outlining how the proposed program would work if authorized by the MTA and that locally adopted Congestion Mitigation Fee Programs that meet the CMP compliance requirements would replace the currently suspended Debit -Credit Methodology of the CMP Deficiency Plan. Cities that complied would retain their annual Section 2105 gas tax revenue and would ensure their eligibility for the Metro Call -For -Projects eligibility. El Segundo has a locally adopted traffic mitigation fee that is a one time fee applied to new development. El Segundo staff has been coordinating with MTA staff to ensure the eligibility and CMP compliance of its existing traffic mitigation fees. MTA staff anticipates completion of the study anticipated in late 2010. Local implementation would follow completion of the nexus study and adoption of the study by the MTA Board. This year the City is only required to report the number of new dwelling units permitted and the floor area of new non-residential buildings and demolitions. The attached Local Development Report summarized the development activity for the June 1, 2009 to May 31, 2010 reporting year. P:\\Planning & Building Safety\Planning - Old\CMP\CMP 08-09\2009-08-04CMP CC Report.doc 2 0'7 19 RESOLUTION NO. A RESOLUTION FINDING THE CITY TO BE IN COMPLIANCE WITH THE 2004 CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE LOCAL DEVELOPMENT REPORT PURSUANT TO GOVERNMENT CODE § 65089. The City Council of the city of El Segundo does resolve as follows: SECTION l: The City Council finds that: A. The Los Angeles County Metropolitan Authority ("MTA"), acting as the Congestion Management Agency for Los Angeles County, adopted the 2004 Congestion Management Program ("CMP") on July 22, 2004; B. As adopted, the CMP requires that MTA annually determine that Los Angeles County and cities within the County conform with all CMP requirements; C. Among other things, the CMP requires municipalities within Los Angeles County to submit Local Development Reports to the MTA by September 1 of each year; D. The City Council held a noticed public hearing on August 3, 2010 during which it considered the evidence presented by staff and the public regarding how the City has implemented measures designed to mitigate the impacts of traffic congestion resulting from new development; E. Based upon the August 3, 2010 public hearing, the City Council determined that: 1. By June 15 of odd -numbered years the City conducts annual traffic counts and calculated levels of service for selected arterial intersections consistent with the requirements identified in the CMP Highway and Roadway System Chapter; 2. The City adopted and continues to implement a transportation demand management ordinance consistent with the minimum requirements identified in the CMP Transportation Demand Management Chapter; 3. The City adopted and continues to implement a land use analysis program consistent with the minimum requirements identified in the CMP Land Use Analysis Program Chapter; and 4. The City adopted a Local Development Report, which is attached as Exhibit "A," and incorporated by reference, consistent with the requirements identified in the 2004 CMP. This report balances traffic congestion impacts due to growth within the City with transportation improvements, and demonstrates that the City meets its responsibilities under the County -wide Deficiency Plan consistent with the MTA Board adopted 2003 Short Range Transportation Plan. SECTION 2: In accordance with its findings, the City Council determines that the City of El Segundo is in compliance with all requirements of the CMP adopted by the Metro Board on July 22, 2004. SECTION 3: This Resolution will remain effective until superseded by a subsequent resolution. SECTION 4: This Resolution will take effect immediately upon adoption. PASSED AND ADOPTED this 3rd day of August, 2010. APPROVED AS TO FORM: Mark D. Hensley, City Attorney Karl H. Berger, Assistant City Attorney Eric Busch, Mayor City of El Segundo 2 081 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO' 1 I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 3rd day of August 2010, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk i;8 CITY OF EL SEGUNDO Date Prepared: July 27, 2010 2010 CMP Local Development Report Reporting Period: JUNE 1, 2009 - MAY 31, 2010 Contact: KIMBERLY CHRISTENSEN Phone Number: (310) 524-2340 CONGESTION MANAGEMENT PROGRAM FOR LOS ANGELES COUNTY I * IMPORTANT: All "#value!" cells on this page are automatically calculated. I Please do not enter data in these cells. DEVELOPMENT TOTALS RESIDENTIAL DEVELOPMENT ACTIVITY Single Family Residential Multi -Family Residential Group Quarters COMMERCIAL DEVELOPMENT ACTIVITY Commercial (less than 300,000 sq.ft.) Commercial (300,000 sq.ft. or more) Freestanding Eating & Drinking NON -RETAIL DEVELOPMENT ACTIVITY Lodging Industrial Office (less than 50,000 sq.ft.) Office (50,000-299,999 sq.ft.) Office (300,000 sq.ft. or more) Medical Government Institutional/Educational University (# of students) OTHER DEVELOPMENT ACTIVITY ENTER IF APPLICABLE ENTER IF APPLICABLE EXEMPTED DEVELOPMENT TOTALS Exempted Dwelling Units Exempted Non-residential sq. ft. (in 1,OC Dwelling Units 1.00 0.00 0.00 1,000 Net S .Ft.2 130.98 0.00 0.00 1.000 Net So.Ft? 0.00 3.96 42.36 0.00 0.00 0.00 0.00 0.00 0.00 Daily Trips 0.00 0.00 0 0 1. Note: Please change dates on this form for later years. Section 1, Page 1 2. Net square feet is the difference between new development and adjustments entered on pages 2 and 3. 1 q CITY OF EL SEGUNDO Date Prepared: July 27, 2010 2010 CMP Local Development Report Reporting Period: JUNE 1, 2009 - MAY 31, 2010 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0." P. -DEVELOPMENT ACTIVITY RESIDENTIAL DEVELOPMENT ACTIVITY Category Dwelling Units Single Family Residential 2.00 Multi-Familv Residential 1.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Commercial less than 300,000 s .ft. 0.00 Commercial 300,000 s .ft. or more 0.00 Freestanding Eating & Drinking 0.00 NON -RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Lodging 0.00 Industrial 3.96 Office less than 50,000 s .ft. 42.36 Office 50,000-299,999 s .ft. 0.00 Office 300,000 s .ft. or more 0.00 Medical 0.00 Government 0.00 Institutional/Educational 0.00 University # of students 0.00 OTHER DEVELOPMENT ACTIVITY Description Attach additional sheets if necessary) Daily Trips Enter "0" if none ENTER IF APPLICABLE 0.00 ENTER IF APPLICABLE 0.00 Section 1, Page 2 8" 1 ) , CITY OF EL SEGUNDO Date Prepared: Juiy 27, 2010 2010 CMP Local Development Report Reporting Period: JUNE 1, 2009 - MAY 31, 2010 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0." ... DEVELOPMENT ADJUSTMENTS IMPORTANT: Adjustments may be claimed only for 1) development permits that were both issued and revoked, expired or withdrawn during the reporting period, and 2) demolition of any structure with the reporting eriod. RESIDENTIAL DEVELOPMENT ADJUSTMENTS Category Dwelling Units Single Family Residential 3.00 Multi -Family Residential 0.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Commercial less than 300,000 s .ft. 130.98 Commercial 300,000 s .ft. or more 0.00 Freestanding Eating & Drinking 0.00 NON -RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Lodging 0.00 Industrial 0.00 Office less than 50,000 s .ft. 0.00 Office 50,000-299,999 s .ft. 0.00 Office 300,000 s .ft. or more 0.00 Medical 0.00 Government 0.00 Institutional/Educational 0.00 University # of students 0.00 OTHER DEVELOPMENT ACTIVITY Description Attach additional sheets if necessary) Daily Trips Enter "0" if none ENTER IF APPLICABLE 0.00 ENTER IF APPLICABLE 0.00 Section 1, Page 3 • CITY OF EL SEGUNDO Date Prepared: JUIy 27, 2010 2010 CMP Local Development Report Reporting Period: JUNE 1, 2009 - MAY 31, 2010 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0." 1 11 'A'DEVELOPMENT (NOT INCLUDED IN NEW DEVELOPMENT ACTIVITY TOTALS) LowNery Low Income Housing 0 Dwelling Units High Density Residential 0 Dwelling Units Near Rail Stations Mixed Use Developments 0 1,000 Gross Square Feet Near Rail Stations 0 Dwelling Units Development Agreements Entered 0 1,000 Gross Square Feet into Prior to July 10, 1989 0 Dwelling Units Reconstruction of Buildings 0 1,000 Gross Square Feet Damaged in April 1992 Civil Unrest 0 Dwelling Units Reconstruction of Buildings 0 1,000 Gross Square Feet Damaged in Jan. 1994 Earthquake 0 Dwelling Units Total Dwelling Units 0 Total Non-residential sq. ft. (in 1,000s) 0 Section 1, Page 4 Exempted Development Definitions: 1. Low/Very Low Income Housing: As defined by the California Department of Housing and Community Development as follows: - Low -Income: equal to or less than 80% of the County median income, with adjustments for family size. - Very Low -Income: equal to or less than 50% of the County median income, with adjustments for family size. 2. High Density Residential Near Rail Stations: Development located within 1/4 mile of a fixed rail passenger station and that is equal to or greater than 120 percent of the maximum residential density allowed under the local general plan and zoning ordinance. A project providing a minimum of 75 dwelling units per acre is automatically considered high density. 3. Mixed Uses Near Rail Stations: Mixed-use development located within 1/4 mile of a fixed rail passenger station, if more than half of the land area, or floor area, of the mixed use development is used for high density residential housing. 4. Development Agreements: Projects that entered into a development agreement (as specified under Section 65864 of the California Government Code) with a local jurisdiction prior to July 10, 1989. 5. Reconstruction or replacement of any residential or non-residential structure which is damaged or destroyed, to the extent of > or = to 50% of its reasonable value, by fire, flood, earthquake or other similar calamity. 6. Any project of a federal, state or county agency that is exempt from local jurisdiction zoning regulations and where the local jurisdiction is precluded from exercising any approval/disapproval authority. These locally precluded projects do not have to be reported in the LDR. V EL SEGUNDO CITY COUNCIL MEETING DATE: August 3, 2010 AGENDA STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action to (1) call for a special election on November 2, 2010; (2) place an initiative on the ballot to amend and increase by 2% the City's utility user tax ("UUT"); (3) place an initiative on the ballot to amend and increase by 2% the City's transient occupancy tax ("TOT"); and (4) take such additional, related, action that may be desirable. Fiscal Impact: Projected approximate annual revenue increase of $3,948,000 from the UUT and annual revenue increase of $964,000 from the TOT. RECOMMENDED COUNCIL ACTION: 1. Adopt Resolution calling a special election for November 2, 2010; 2. Adopt Resolution placing an initiative on the ballot amending and increasing the UUT by 2% (increase in UUT on electricity, gas, water services from 3% to 5%, and communication service from 2% to 4%); 3. Adopt Resolution placing an initiative on the ballot amending the TOT by 2% (increase in TOT from 8% to 10%); 4. Consider Adopting a Resolution directing the City Attorney to prepare an impartial analysis for the two ballot initiatives; 5. Adopt a resolution establishing ballot argument procedures; 6. Determine whether the Council will appoint itself or members thereof to draft the arguments and rebuttal arguments in favor of the tax measures; and 7. Take other related action. ATTACHED SUPPORTING DOCUMENTS: Resolutions; proposed draft initiatives for utility users tax amendments and business license tax amendments and Exhibit A survey of UUT and TOT imposed by other governmental agencies. FISCAL IMPACT: Amount Budgeted: Budget Adjustment Required Additional Appropriation: Yes $40,000 Account Number(s): N/A ORIGINATED BY: Mark Hensley, City Attorney REVIEWED BY: Deborah Cullen, Director APPROVED BY: Jack Wayt, City Manage �� 8'7 BACKGROUND AND DISCUSSION: At the July 20, 2010, City Council Meeting, the Council directed staff to prepare the documents necessary for Council to place a 2% increase to the City's TOT and UUT on the November 2, 2010 election. The UUT is imposed on non-residential uses in the City and the TOT is imposed on patrons using hotels and motels in the City. Both taxes are (and will remain) general taxes (meaning they will be deposited into the City's general fund and can be used for any lawful local government purpose). Article XIII C of the California Constitution (Proposition 218) generally allows a general tax increase to occur only on a city's general municipal election. El Segundo's general municipal election occurs in April of even numbered years. However, the California Constitution allows a general tax increase initiative to be placed on the ballot for elections other than the general municipal election if the City Council unanimously votes that an emergency exists justifying an initiative for a general tax increase. If placed on the ballot, these initiatives would require a majority of voter approval. Utility Users Tax The City currently imposes a 3% UUT on businesses for electricity, gas, water services and 2% for communication services. As shown on Exhibit A, the City charges less UUT than the surrounding jurisdictions. Staff estimates that for each 1% increase (in all UUT's combined) the City will collect an additional $1,974,000 in annual revenues (based on a two-year average for this revenue category). Transient Occupancy Tax The City currently imposes an 8% TOT on individuals occupying hotels or motels within the City. Exhibit A reflects that the City charges less, and in some cases substantially less than the surrounding jurisdictions. Staff estimates that for each 1% increase in TOT the City will collect an additional $482,000 in annual revenues (based on projected FY 09/10 year-end revenues). Historically, the City's TOT was raised in 1995 to 10%; it was then reduced in 1996 to 8%. Council Determination that an Emergency Condition Exists To place these initiatives on the ballot for November, the City Council must unanimously determine that an emergency exists. The Constitution does not define the term "emergency." And there is no case law that provides guidance for determining what constitutes an emergency for purposes of Article XIII C. However, generally courts will defer to the determination of a legislative body so long as there is a rational basis for the determination. It seems uncontroverted that the region, state and nation are facing one of the worst economic downturns in history. Experts predict that the United States could experience a "double -dip" recession or, at best, a very slow recovery. In June, the UCLA Anderson Forecast predicted a 3.4% GDP increase for 2010; a 2.4% GDP increase in 2011; and a 2.8% GDP increase for 2011. According to this source, these predictions are well below the 5% growth of previous recoveries and below the 3% "normal" growth of U88 GDP. In addition, the UCLA Anderson Forecast finds that unemployment in California will remain at 12.1% for 2010. These determinations were similar to those in the Los Angeles County Economic Development Corporation's (LAEDC) July report entitled "2010-2011 Mid - Year Update Economic Forecast and Industry Outlook" which generally finds that the national, state, and local economies will recover slowly for an extended period of time. According to all economic experts, this Recession is the longest since the 1930s; the nation's gross domestic product dropped by 3.7% between the fourth quarter of 2007 and the second quarter of 2009 — a greater drop than any other time since the Great Depression. The local regional economy has suffered along with the rest of the country and state. All municipal revenue streams have been affected by a decline in employment, household income, sales taxes, construction, and other types of tax revenue including transient occupancy tax. For El Segundo, the recession has significantly affected the City's ability to provide public services. This is reflected in the City's general fund expenditures exceeding the City's incoming general fund revenues by approximately $6.9 million in fiscal year 2008/2009; $10.4 million for fiscal year 2009/2010; and an anticipated $ 9.2 million for fiscal year 2010/2011. To balance the budget, and seek to reduce its expenditures, the City undertook a number of austerity measures including the following: • Instituting a flexible hiring freeze; • Curtailing expenditures for critical equipment and capital projects; • Allowing 31 full-time employee positions, including public safety, to remain vacant; • Decreasing its full-time workforce by 10% since fiscal year 2008/2009; • Decreasing its unreserved/undesignated General Fund balance by 25% and its Equipment Replacement Fund balance by 10% since fiscal year 2008/2009; and • Dipping into its reserve funds. It is apparent, however, that these measures are not enough. As revenue sources continue to evaporate or decline, the City's expenditures continue to increase. Among other things, the City is advised to expect a major increase to its mandated contribution to the Public Employees Retirement System for fiscal year 2011-12. General Ballot Measure Information Impartial Analysis The Council may, but is not required to, direct the city attorney to prepare an impartial analysis of the measure. The analysis must show both the effect of the measure on existing law and its operation. The analysis cannot exceed 500 words and must precede the arguments for and against the measure on the sample ballot.1 Ballot Arguments ' Elec. Code §9280. The following persons may write an argument, not exceeding 300 words, for or against the measure: 1. The City Council; 2. Councilmembers authorized by the City Council; 3. Voters eligible to vote on the measure (i.e., a registered voter in the city); 4. A bona fide citizens' association; or 5. Any combination of voters and associations. An argument cannot be accepted unless it is accompanied by the name(s) of the person(s) submitting it. If an organization submits an argument, it must include the organization's name and the name of at least one principal officer.2 Only the first five signatures appearing with an argument will be printed on the sample ballot.3 The city clerk must select a reasonable deadline for submitting arguments, taking into account that voters must be allowed to examine the elections material for at least 10 calendar days before printing.4 One argument for the measure and one argument against the measure must be printed on the sample ballots If there is more than one argument submitted, the city clerk must select from among them.6 The city clerk must give preference and priority to arguments in the following order: 1. The City Council, or Councilmembers authorized by the Council. 2. A bona fide association of citizens. 3. Individual voters eligible to vote on the measure. Rebuttal Arguments If the City Council adopts the provisions in Elections Code § 9285(a) by majority vote before the election, rebuttal arguments may be included on the sample ballot. If the Council adopts provisions of that section, the following rules apply:7 The city clerk must send copies of the argument supporting the measure to opponents of the measure, and must send copies of the argument against the measure to measure proponents. Each side is then entitled to submit a rebuttal argument, not exceeding 250 words.8 Rebuttal arguments must be submitted within ten (10) days after the deadline for filing direct arguments. Each rebuttal argument must be printed immediately following the direct argument it seeks to rebut.9 2 Elec. Code §9283. 3 Id 4 Elec. Code §§ 9286 and 9295. 5 Elec. Code §9282. 6 Elec. Code §9287. Elec. Code § 9285(b). B Elec. Code § 9285. 9 Id. (J�v RESOLUTION NO. A RESOLUTION PLACING AN INITIATIVE ON THE NOVEMBER 2, 2010 BALLOT PURSUANT TO ARTICLE XIIIC, § 2(B), OF THE CALIFORNIA CONSTITUTION; ELECTIONS CODE § 9222; AND REVENUE & TAXATION CODE § 53724(C) REGARDING UTILITY USER TAXES. The City Council of the city of EI Segundo resolves as follows: SECTION 1: Pursuant to Article XIIIC, § 2(b), of the California Constitution; Elections Code § 9222; and Revenue & Taxation Code § 53724(c), the City Council places an ordinance on the ballot for a special municipal election to be held in the city of EI Segundo on Tuesday, November 2, 2010. SECTION 2: A copy of the ordinance to be considered by the voters is attached as Exhibit 'A" and incorporated by reference, and is approved by the City Council through adoption of this Resolution. The ballot measure will be designated as Measure B on the ballot, unless provided a different designation by the Los Angeles County Elections Division. SECTION 3: The City Council finds that an emergency exists as that term is used in Article XIIIC of the California Constitution based upon the following facts and circumstances, as well as the written and oral information presented at the Council Meeting before the time the Council approved this Resolution: A. The City's fiscal condition is negatively impacted by the unprecedented challenges in the worldwide and national financial markets and the chronic economic recession in the national, state, regional and local economies. B. The City's general fund expenditures exceeded the City's incoming general fund revenues by approximately $6.9 million in fiscal year 2008/2009. The on-going economic recession has significantly decreased the City's revenue sources and negatively impacted expenses requiring the City to institute various austerity measures including a flexible hiring freeze and expenditure curtailments for critical equipment and capital projects. C. The City is advised to expect a major increase to its mandated contribution to the Public Employees Retirement System in fiscal year 2011-12. D. The City's general fund expenditures exceeded the City's incoming -1- Ca9 general fund revenues by approximately $6.9 million in fiscal year 2008/2009 which necessitated that the City tap various reserve funds and cancel numerous expenditures to balance its budget for fiscal year 2008/2009. E. The City's general fund expenditures are anticipated to exceed the City's incoming general fund revenues by approximately $10.4 million for fiscal year 2009/2010, requiring that the City again utilize dwindling reserve funds and cancel numerous expenditures (programs and services) to balance its budget for fiscal year 2009/2010. Additionally during the course of the year the City did not fill 31 vacant positions including critical public safety positions. F. The City is forecasting that its general fund expenditures will exceed the City's incoming general fund revenues by approximately $ 9.2 million for fiscal year 2010/2011. The City anticipates again tapping various reserve funds, not filling 31 vacant positions and cancelling numerous expenditures (programs and services) and implementing measures to further reduce its personnel costs to balance its budget for fiscal year 2010/2011. G. The City has decreased its full-time workforce by 10% since fiscal year 2008/2009. H. The City has decreased its unreserved/undesignated General Fund balance by 25% and has decreased its Equipment Replacement Fund balance by 10% since fiscal year 2008/2009. The negative impacts of the current economic downturn are expect to take several more years before the economy begins to strengthen enough before local government agencies will see any significant restoration of revenues. The California Constitution prohibits the City from enacting new taxes without voter approval which prevents the City from generating new revenues to offset losses. K. The City Manager recommended comprehensive action to increase selected revenues including transient occupancy and utility user taxes, while controlling expenditures by reducing employee compensation, reducing full-time positions, modifying staffing schedules for municipal services, modifying terms and conditions of employment; reorganizing departmental functions, reducing equipment expenditures, and curtailing -2- various capital projects to eliminate an anticipated $9.2 million deficit in the General Fund. SECTION 4: Pursuant to Elections Code §§ 9222 and 13119 the exact form of the question to be voted on at the election as it should appear on the ballot is as follows: SHALL THE ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE Yes ❑ CHAPTER 3-7 TO INCREASE THE UTILITY USER TAXES TO FUND GENERAL MUNICIPAL SERVICES INCLUDING, WITHOUT LIMITATION, No ❑ POLICE PROTECTION AND CRIME SUPPRESSION SERVICES, FIRE PREVENTION AND SUPPRESSION SERVICES, AND PARK AND RECREATION FACILITIES AND SERVICES BE ADOPTED? SECTION 5: In accordance with California Constitution Article XIIIC, § 2(b), this Resolution must be adopted upon a unanimous vote of the entire City Council and will become effective immediately upon adoption. PASSED AND ADOPTED this day of August, 2010. Eric Busch, Mayor -3- x;+93 ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney Mark D Hensley, City Attorney -4- �I�) n L • It RESOLUTION NO. A RESOLUTION PLACING AN INITIATIVE ON THE NOVEMBER 2, 2010 BALLOT PURSUANT TO ARTICLE XIIIC, § 2(B), OF THE CALIFORNIA CONSTITUTION; ELECTIONS CODE § 9222; AND REVENUE & TAXATION CODE § 53724(C) REGARDING TRANSIENT OCCUPANCY TAXES. The City Council of the city of EI Segundo resolves as follows: SECTION 1: Pursuant to Article XIIIC, § 2(b), of the California Constitution; Elections Code § 9222; and Revenue & Taxation Code § 53724(c), the City Council places an ordinance on the ballot for a special municipal election to be held in the city of EI Segundo on Tuesday, November 2, 2010. SECTION 2: A copy of the ordinance to be considered by the voters is attached as Exhibit 'A" and incorporated by reference, and is approved by the City Council through adoption of this Resolution. The ballot measure will be designated as Measure A on the ballot, unless provided a different designation by the Los Angeles County Elections Division. SECTION 3: The City Council finds that an emergency exists as that term is used in Article XIIIC of the California Constitution based upon the following facts and circumstances, as well as the written and oral information presented at the Council Meeting before the time the Council approved this Resolution: A. The City's general fund expenditures exceeded the City's incoming general fund revenues by approximately $6.9 million in fiscal year 2008/2009. The City's fiscal condition has been negatively impacted by the unprecedented challenges in the worldwide and national financial markets and the chronic economic recession in the national, state, regional and local economies. B. The on-going economic recession has significantly decreased the City's revenue sources and negatively impacted expenses requiring the City to institute various austerity measures including a flexible hiring freeze and expenditure curtailments for critical equipment and capital projects. C. The City is advised to expect a major increase to its mandated contribution to the Public Employees Retirement System in fiscal year 2011-12. D. The City's general fund expenditures exceeded the City's incoming -1- C)95 general fund revenues by approximately $6.9 million in fiscal year 2008/2009 which necessitated that the City tap various reserve funds and cancel numerous expenditures to balance its budget for fiscal year 2008/2009. E. The City's general fund expenditures are anticipated to exceed the City's incoming general fund revenues by approximately $10.4 million for fiscal year 2009/2010, requiring that the City again utilize dwindling reserve funds and cancel numerous expenditures (programs and services) to balance its budget for fiscal year 2009/2010. Additionally during the course of the year the City did not fill 31 vacant positions including critical public safety positions. F. The City is forecasting that its general fund expenditures will exceed the City's incoming general fund revenues by approximately $ 9.2 million for fiscal year 2010/2011. The City anticipates again tapping reserve funds, not filling 31 vacant positions and cancelling numerous expenditures (programs and services) and implementing measures to further reduce its personnel costs to balance its budget for fiscal year 2010/2011. G. The City has decreased its full-time workforce by 10% since fiscal year 2008/2009. H. The City has decreased its unreserved/undesignated General Fund balance by 25% and has decreased its Equipment Replacement Fund balance by 10% since fiscal year 2008/2009. The region, state, and nation are undergoing one of the worst economic downturns in the history of our Nation and financial forecasts are that it may worse, or at best, take several more years before the economy begins to strengthen. J. The negative impacts of the current economic downturn are expect to take several more years before the economy begins to strengthen enough before local government agencies will see any significant restoration of revenues. K. The California Constitution prohibits the City from enacting new taxes without voter approval which prevents the City from generating new revenues to offset losses. L. The City Manager has recommended comprehensive action to increase selected revenues including transient occupancy and utility user taxes, -2- 0961 while controlling expenditures by reducing employee compensation, reducing full-time positions, modifying staffing schedules for municipal services, modifying terms and conditions of employment; reorganizing departmental functions, reducing equipment expenditures, and curtailing various capital projects to eliminate an anticipated $9.2 million deficit in the General Fund. SECTION 4: Pursuant to Elections Code §§ 9222 and 13119 the exact form of the question to be voted on at the election as it should appear on the ballot is as follows: SHALL THE ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE Yes ❑ § 3-4-3 TO INCREASE THE TRANSIENT OCCUPANCY TAXES TO FUND GENERAL MUNICIPAL SERVICES INCLUDING, WITHOUT LIMITATION, No ❑ POLICE PROTECTION AND CRIME SUPPRESSION SERVICES, FIRE PREVENTION AND SUPPRESSION SERVICES, AND PARK AND RECREATION FACILITIES AND SERVICES BE ADOPTED? SECTION 5: In accordance with California Constitution Article XIIIC, § 2(b), this Resolution must be adopted upon a unanimous vote of the entire City Council and will become effective immediately upon adoption. PASSED AND ADOPTED this day of August, 2010. Eric Busch, Mayor -3- 1� i ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney Mark D Hensley, City Attorney 10 ORDINANCE NO. AN INITIATIVE MEASURE AMENDING EL SEGUNDO MUNICIPAL CODE § 3-4-3 TO INCREASE THE TRANSIENT OCCUPANCY TAX TO FUND GENERAL MUNICIPAL SERVICES INCLUDING, WITHOUT LIMITATION, POLICE PROTECTION AND CRIME SUPPRESSION SERVICES, FIRE PREVENTION AND SUPPRESSION SERVICES, AND PARK AND RECREATION FACILITIES AND SERVICES. The people of the city of EI Segundo do hereby ordain as follows: SECTION 1: EI Segundo Municipal Code ("ESMC") § 3-4-3 (Imposition Rate) is amended in its entirety to read as follows: "A. Tax Imposed: For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax of ten percent (10%) of the rent charged by the operator. B. Payment To Operator: The tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator of the hotel or the at the time the rent is paid. If the rent is collected by a person other than the hotel then the payment of the tax shall be paid at the time the rent is paid to such person. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel or to the person collecting rent on behalf of the hotel, the Tax Administrator may require that the tax shall be paid directly to the Tax Administrator." SECTION 2: INTERPRETATION. This Initiative must be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub- section, sentence, clause, phrase, part, or portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Initiative. The voters declare that this Initiative, and each section, sub -section, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sub -sections, sentences, clauses, phrases, part, or portion is found to be invalid. If any provision of this Initiative is held invalid as applied to any person or circumstance, such invalidity does not affect any application of this Initiative that can be given effect without the invalid application. SECTION 3: SEVERABILITY. If any portion of this Initiative is held by a court of competent jurisdiction to be invalid, the remainder of the initiative and the application of such provision to other persons or circumstances shall not be affected thereby. We the People indicate our strong desire that: (i) the City Council use its best efforts to sustain Page 1 of 3 [C:\Documents and Settings%usiern Local Settings\Temporary Internet Files\OLK75\TOT Ord 07 26 10.doc] July 27, 2010 , and reenact that portion, and (ii) the City Council implement this Initiative by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Initiative, and then adopting or reenacting such portion as necessary or desirable to permit the planning and development of the Project. SECTION 4: CONSTRUCTION. This Initiative must be broadly construed in order to achieve the purposes stated in this Initiative. It is the intent of the voters that the provisions of this Initiative be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Initiative. SECTION 5: ENFORCEABILITY. Repeal of any provision of the EI Segundo Municipal Code 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: VALIDITY OF PREVIOUS CODE SECTIONS. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the ESMC or other city ordinance by this Ordinance will be rendered void and cause such previous ESMC provision or other the city ordinance to remain in full force and effect for all purposes SECTION 7: EFFECTIVE DATE. This Initiative will enact and impose a general tax. Accordingly, it will be submitted to a general election on November 2, 2010 for voter approval. If a majority of voters vote in favor of this Initiative, it will become valid and binding ten days after the date that the City Council certifies the election results in accordance with Elections Code § 9217. SECTION 8: The Mayor will sign this Initiative and the City Clerk will attest and certify to the passage and adoption of this Ordinance if a majority of the voters voting in the City's general election on November 2, 2010 approve the proposition asking whether the voters approve this Initiative. PASSED AND ADOPTED this day of , 2010. Eric Busch, Mayor Page 2 of 3 [C:\Documents and Settings\susiern Local Settings\Temporary Internet Files\OLK75\TOT Ord 07 26 10.doc] July 27, 2010 ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Page 3 of 3 [C:\Documents and Settings\susiem\Local Settings\Temporary Internet Files\OLK75\TOT Ord 07 26 10.doc] 101 July 27, 2010 ORDINANCE NO. AN INITIATIVE MEASURE AMENDING EL SEGUNDO MUNICIPAL CODE §§3-7-3(A), 3-7-4(A), 3-7-5(A), 3-7-6(A) AND 3-7-7(A) TO INCREASE THE UTILITY USERS TAX TO FUND GENERAL MUNICIPAL SERVICES INCLUDING, WITHOUT LIMITATION, POLICE PROTECTION AND CRIME SUPPRESSION SERVICES, FIRE PREVENTION AND SUPPRESSION SERVICES, AND PARK AND RECREATION FACILITIES AND SERVICES. The people of the city of EI Segundo do hereby ordain as follows: SECTION 1: EI Segundo Municipal Code ("ESMC") § 3-7-3(A) (Electricity Users Tax) is amended to read as follows: "A. Tax Imposed: There is hereby imposed a tax upon every commercial or industrial utility user in the city using electrical energy in the city. The tax imposed by this section shall be at the rate of five percent (5%) of the charges made for such energy and shall be paid by the commercial or industrial utility user paying for such energy. "Charges", as used in this section, shall include charges made for: 1) metered energy; and 2) minimum charges for service, including customer charges, services charges, demand charges, standby charges and annual and monthly charges, fuel cost adjustments, etc." SECTION 2: ESMC § 3-7-4(A) (Tax on Cogenerated Electricity) is amended in its entirety to read as follows: "A. Tax Imposed: There is hereby imposed a tax upon every commercial or industrial utility user in the city using cogenerated electrical energy in the city. The tax imposed by this section shall be at the rate of five percent (5%) of the value of the cogenerated energy. The value shall be equal to the price an electrical corporation, serving the city, would pay to purchase electrical energy from a cogenerator. The cogenerator shall install and maintain an appropriate utility -type metering system which will enable compliance with this Section." SECTION 3: ESMC § 3-7-5(A) (Gas Users Tax) is amended in its entirety to read as follows: "A. Tax Imposed: There is hereby imposed a tax upon every commercial or industrial utility user in the City other than a gas corporation, using in the City, gas which is delivered through mains or pipes. The tax imposed by this Section shall be at the rate of five percent (5%) of the charges made for such gas and shall be paid by the commercial or industrial utility user paying for such gas. "Charges", as used in this Section, shall include: 1) gas which is delivered through mains of pipes; and 2) minimum charges for services, including customer charges, service charges, and annual and monthly charges." Page 1 of 4 •► [C:\DocumeN ents and Settings\susiem\Local Settings\Temporary Internet Files\OLK75\Utility Tax Ord Increase 07 26 10.doc] � �� ;;` July 27, 2010 SECTION 4: ESMC § 3-7-6(A) (Water Users Tax) is amended in its entirety to read as follows: "A. Tax Imposed: There is hereby imposed a tax upon every commercial or industrial utility user in the City using water which is delivered though mains or pipes. The tax imposed by this Section shall be at the rate of five percent (5%) of the charges made for such water and shall be paid by the commercial or industrial utility user paying for such water." SECTION 5: ESMC § 3-7-7(A) (Communication Services User Tax) is amended in its entirety to read as follows: "A. A tax is imposed upon every service user in the City using communication services. The maximum tax imposed by this Section is four percent (4%) of the charges made for such services and must be collected from the service user by the communication services supplier or its billing agent. There is a rebuttable presumption that communication services billed to a billing or service address in the City are used, in whole or in part, within the City's boundaries and such services are taxable under this Chapter. If the billing address of the service user is different from the service address, the service address of the service user must be used for purposes of imposing the tax. As used in this Section, the term "charges" include the value of any other services, credits, property of every kind or nature, or other consideration provided by the service user in exchange for the communication services." SECTION 6. INTERPRETATION. This Initiative must be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub- section, sentence, clause, phrase, part, or portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Initiative. The voters declare that this Initiative, and each section, sub -section, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sub -sections, sentences, clauses, phrases, part, or portion is found to be invalid. If any provision of this Initiative is held invalid as applied to any person or circumstance, such invalidity does not affect any application of this Initiative that can be given effect without the invalid application. SECTION 7. SEVERABILITY. If any portion of this Initiative is held by a court of competent jurisdiction to be invalid, the remainder of the initiative and the application of such provision to other persons or circumstances shall not be affected thereby. We the People indicate our strong desire that: (i) the City Council use its best efforts to sustain and reenact that portion, and (ii) the City Council implement this Initiative by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Initiative, and then adopting or reenacting such portion as necessary or desirable to permit the planning and development of the Project. Page 2 of 4 [C:\Documents and Settings\susiem\Local Settings\Temporary Internet Files\OLK75\Utility Tax Ord Increase 07 26 10.doc]10 J July 27, 2010 SECTION &CONSTRUCTION. This Initiative must be broadly construed in order to achieve the purposes stated in this Initiative. It is the intent of the voters that the provisions of this Initiative be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Initiative. SECTION 9: ENFORCEABILITY. Repeal of any provision of the EI Segundo Municipal Code 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 10: VALIDITY OF PREVIOUS CODE SECTIONS. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the ESMC or other city ordinance by this Ordinance will be rendered void and cause such previous ESMC provision or other the city ordinance to remain in full force and effect for all purposes. SECTION 11: EFFECTIVE DATE. This Initiative will enact and impose a general tax. Accordingly, it will be submitted to a general election on November 2, 2010 for voter approval. If a majority of voters vote in favor of this Initiative, it will become valid and binding ten days after the date that the City Council certifies the election results in accordance with Elections Code § 9217. SECTION 12. The Mayor will sign this Initiative and the City Clerk will attest and certify to the passage and adoption of this Ordinance if a majority of the voters voting in the City's general election on November 2, 2010 approve the proposition asking whether the voters approve this Initiative. PASSED AND ADOPTED this day of , 2010. Eric Busch, Mayor Page 3 of 4 [C:\Documents and Settings\susiem\Local Setting s\Temporary Internet Files\OLK75\Utility Tax Ord Increase 07 26 10.doc] ,� 41 July 27, 2010 ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Page 4 of 4 [CADocuments and Settings\susiem\Local Settings\Temporary Internet Files\OLK75\Utility Tax Ord Increase 07 26 10.doc] y � July 27, 2010 �} RESOLUTION NO. A RESOLUTION CALLING A SPECIAL ELECTION ON NOVEMBER 2, 2010 PURSUANT TO ELECTIONS CODE §§ 9222 AND 10403. The City Council of the city of EI Segundo resolves as follows: SECTION 1: Pursuant to Elections Code §§ 9222 and 10403, the City Council calls for a special election to be held in the City of EI Segundo on Tuesday, November 2, 2010, for the purpose of considering two ballot measures. SECTION 2: Pursuant to Election Code § 10403, the City Council requests that the special election be consolidated with any general district, special district, or other election held on the same day in the same territory. SECTION 3: Pursuant to Elections Code §§ 9222 and 13119 the exact form of the questions to be voted on at the election as it should appear on the ballot is as follows: SHALL THE ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE Yes ❑ § 3-4-3 TO INCREASE THE TRANSIENT OCCUPANCY TAXES TO FUND GENERAL MUNICIPAL SERVICES INCLUDING, WITHOUT LIMITATION, No ❑ POLICE PROTECTION AND CRIME SUPPRESSION SERVICES, FIRE PREVENTION AND SUPPRESSION SERVICES, AND PARK AND RECREATION FACILITIES AND SERVICES BE ADOPTED? SHALL THE ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE Yes ❑ CHAPTER 3-7 TO INCREASE THE UTILITY USER TAXES TO FUND GENERAL MUNICIPAL SERVICES INCLUDING, WITHOUT LIMITATION, No ❑ POLICE PROTECTION AND CRIME SUPPRESSION SERVICES, FIRE PREVENTION AND SUPPRESSION SERVICES, AND PARK AND RECREATION FACILITIES AND SERVICES BE ADOPTED? SECTION 4: Copies of the ordinances to be considered by the voters are attached as Exhibits "A" and "B," and incorporated by reference, and were approved by the City Council by separate resolutions. The ballot measures will be designated as Measures A and B on the ballot, respectively, unless provided a different designation by the Los Angeles County Elections Division. -1- SECTION 5: The Los Angeles County Board of Supervisors is requested to issue instructions to the County Clerk to take any and all steps necessary for the holding of said consolidated election. SECTION 6: The polls will open at 7 a.m. on election day and remain open until 8 p.m. SECTION 7: The Los Angeles County Clerk is authorized to canvass the returns of the Special Election. The election will be held in all respects as if there were only one election, and only one form of ballot will be used. SECTION 8: The Los Angeles County Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 9: The City Clerk is directed to forward, without delay, to the Board of Supervisors of the County of Los Angeles, and to the Los Angeles County Elections Department, each, a certified copy of this Resolution. SECTION 10: The City of EI Segundo recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 11: This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this day of August, 2010. Eric Busch, Mayor -2- ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney M Mark Hensley, City Attorney -3- RESOLUTION NO. A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE BALLOT MEASURE REGARDING THE EL SEGUNDO UTILITY USERS TAX AND TRANSIENT OCCUPANCY TAX. The City Council of the city of EI Segundo resolves as follows: SECTION 1: Pursuant to Elections Code § 9280, the City Clerk is directed to transmit a copy of the ballot measures regarding the utility users tax and transient occupancy tax to the City Attorney for an impartial analysis. SECTION 2: Upon receiving the ballot measures, the City Attorney is directed to prepare an impartial analysis of the measures showing their effect, if any, on existing law and the operation of the measures. Such analysis must not be more than 500 words. SECTION 3: The City Clerk is directed to have the City Attorney's analysis printed before the arguments for and against the measures. Immediately below the impartial analysis, in not less than 10 point bold type, the City Clerk should have the following language printed: "The above statement is an impartial analysis of Measure . If you desire a copy of the legislation affected by this measure, please call the City Clerk's office at (310) and a copy will be mailed at no cost to you." SECTION 4: Pursuant to 42 U.S.C. § 1973aa-1 a., the City Clerk will: A. Translate the City Attorney's analysis into Spanish; B. Make translated copies of the City Attorney's analysis publicly available; SECTION 5: This Resolution will remain effective until superseded by a subsequent resolution. SECTION 6: This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this day of 12010. Eric Busch, Mayor -1- (CAADocuments and Settings\susiem\Local Settings\Temporary Internet Files\OLK75\TOT City Attorney analysis 7-26-10.docl July 27, 2010 Approved as to form: Mark D. Hensley, City Attorney 0 Mark Hensley, City Attorney -2- [CADocuments and Settings\susiem\Local Settings\Temporary Internet Files\OLK75\TOT City Attorney analysis 7-26-10.doc] July 27, 2010 RESOLUTION NO. A RESOLUTION ESTABLISHING REQUIREMENTS FOR BALLOT ARGUMENTS FILED WITH THE CITY CLERK TO BE INCLUDED WITH VOTER INFORMATION FOR A SPECIAL ELECTION ON NOVEMBER 2, 2010. The City Council of the city of EI Segundo resolves as follows: SECTION 1: Pursuant to Elections Code § 9281, qualified voters may submit arguments for and against the ballot measures, in addition to rebuttal arguments, for the November 2, 2010 election on forms provided by the City Clerk. SECTION 2: Arguments filed in accordance with this Resolution must comply with the following requirements in accordance with Elections Code §§ 9282, 9283, 9285, and 9286: A. Arguments must be in writing and not exceed three hundred (300) words except for rebuttal argument which may not exceed two hundred and fifty (250) words; B. Arguments may be submitted by the City Council; any councilmember authorized to submit an argument by the City Council; any individual voter eligible to vote on the measures; any bona fide association of citizens; or any combination of voters and associations; C. Arguments must be typewritten in at least a 12 point font; D. Arguments may not include underlining, italics, asterisks, or other, similar, type of formatting; E. Arguments must be accompanied by the printed name and signature or printed names and signatures of the person or persons submitting it, or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers. F. If more than five (5) signatures accompany an argument, only the first five (5) will be printed. G. Arguments for or against the ballot measures must be received in the City Clerk's office not later than August 16, 2010. Rebuttal arguments must be received not later than August 26, 2010. -1- [CADocuments and SettingsWShilling\Local Settings\Temporary Internet Files\OLKDE\TOT Ballot Statements.doc] July 29, 2010 SECTION 4: Pursuant to 42 U.S.C. § 1973aa-1 a, the City Clerk will: A. Translate all ballot arguments into Spanish; B. Make translated copies of ballot arguments publicly available. SECTION 5: This Resolution will remain effective until superseded by a subsequent resolution. SECTION 9: This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this day of , 2010. ATTEST: Cindy Mortesen, City Clerk Approved as to form: Mark. D. Hensley, City Attorney Mark D Hensley, City Attorney -2- Eric Busch, Mayor [C:\Documents and SettingsWShilling\Local Settings\Temporary Internet Files\OLKDE\TOT Ballot Statements.doc] July 29, 2010 Transient Occupancy Tax Rates - Calif Cities Source: CaliforniaCityFinance.com from State Controller and municipal code surveys. Population served by> % of city opulation> city Updated June 15, 2010 Count 431 Mean 9.6% Standard Deviation 1.8% Median 10.0% Minimum 3.5% Maximum 15.0% Population served by> % of city opulation> city County Rate Anaheim Orange 15.0% Beverly Hills Los Angeles 14.0% Inglewood Los Angeles 14.0% Los Angeles Los Angeles 14.0% Oakland Alameda 14.0% San Francisco San Francisco 14.0% Santa Monica Los Angeles 14.0% Palm Springs Riverside 13.5% Blythe Riverside 13.0% Del Mar San Diego 13.0% Garden Grove Orange 13.0% Mammoth Lak Mono 13.0% Artesia Los Angeles 12.5% Barstow San Bernardin 12.5% Pasadena Los Angeles 12.1% Agoura Hills Los Angeles 12.0% Alhambra Los Angeles 12.0% Avalon Los Angeles 12.0% Bakersfield Kern 12.0% Berkeley Alameda 12.0% Brisbane San Mateo 12.0% Buena Park Orange 12.0% Burlingame San Mateo 12.0% Calabasas Los Angeles 12.0% Calistoga Napa 12.0% Citrus Heights Sacramento 12.0% Commerce Los Angeles 12.0% Culver City Los Angeles 12.0% Desert Hot SpI Riverside 12.0% East Palo Alto San Mateo 12.0% Elk Grove Sacramento 12.0% Emeryville Alameda 12.0% Fresno Fresno 12.0% Half Moon Ba San Mateo 12.0% Hawthorne Los Angeles 12.0% Healdsburg Sonoma 12.0% Kingsburg Fresno 12.0% OA Long Beach Los Angeles 12.0% Malibu Los Angeles 12.0% Millbrae San Mateo 12.0% Monterey Par Los Angeles 12.0% Napa Napa 12.0% Palo Alto Santa Clara 12.0% Rancho Cordo Sacramento 12.0% Rohnert Park Sonoma 12.0% Sacramento Sacramento 12.0% Saint Helena Napa 12.0% San Bruno San Mateo 12.0% San Juan Bau San Benito 12.0% San Pablo Contra Costa 12.0% Santa Barbara Santa Barbara 12.0% Sausalito Marin 12.0% Seaside Monterey 12.0% Solana Beach San Diego 12.0% West Sacram Yolo 12.0% Windsor Sonoma 12.0% Yountville Napa 12.0% Ontario San Bernardin 11.8% West Hollywo Los Angeles 11.5% Cathedral City Riverside 11.0% Gardena Los Angeles 11.0% La Quinta Riverside 11.0% Riverside Riverside 11.0% Santa Ana Orange 11.0% Torrance Los Angeles 11.0% Vallejo Solano 11.0% San Diego San Diego 10.5% Adelanto San Bernardin 10.0% Alameda Alameda 10.0% Albany Alameda 10.0% Alturas Modoc 10.0% American Can Napa 10.0% Anderson Shasta 10.0% Angels Calaveras 10.0% Antioch Contra Costa 10.0% Arcadia Los Angeles 10.0% Arcata Humboldt 10.0% Arroyo GrandE San Luis Obisl 10.0% Arvin Kern 10.0% Atascadero San Luis Obis 10.0% Baldwin Park Los Angeles 10.0% Beaumont Riverside 10.0% Belmont San Mateo 10.0% Brea Orange 10.0% Brentwood I Contra Costa 10.0% Buellton Santa Barbara 10.0% Burbank Los Angeles 10.0% Calexico Imperial 10.0% Calimesa Riverside 10.0% Campbell Santa Clara 10.0% Canyon Lake Riverside 10.0% Capitola Santa Cruz 10.0% Carlsbad San Diego 10.0% Carmel Monterey 10.0% Carpinteria Santa Barbara 10.0% Chico Butte 10.0% Chino Hills San Bernardin 10.0% Chowchilla Madera 10.0% Chula Vista San Diego 10.0% Claremont Los Angeles 10.0% Cloverdale Sonoma 10.0% Clovis Fresno 10.0% Colton San Bernardin 10.0% Concord Contra Costa 10.0% Corning Tehama 10.0% Corona Riverside 10.0% Corte Madera Marin 10.0% Cotati Sonoma 10.0% Covina Los Angeles 10.0% Crescent City Del Norte 10.0% Cupertino Santa Clara 10.0% Cypress Orange 10.0% Daly City San Mateo 10.0% Dana Point Orange 10.0% Davis Yolo 10.0% Del Rey Oaks Monterey 10.0% Delano Kern 10.0% Diamond Bar Los Angeles 10.0% Dinuba Tulare 10.0% Duarte Los Angeles 10.0% Dunsmuir Siskiyou 10.0% EI Cajon San Diego 10.0% EI Centro Imperial 10.0% EI Cerrito Contra Costa 10.0% EI Monte Los Angeles 10.0% EI Paso De Rc San Luis Obisi 10.0% Encinitas San Diego 10.0% Escalon San Joaquin 10.0% Escondido San Diego 10.0% Eureka Humboldt 10.0% Fairfax Marin 10.0% Fairfield Solano 10.0% Fillmore Ventura 10.0% Fort Bragg Mendocino 10.0% Fortuna Humboldt 10.00 Fremont Alameda 10.0% Fullerton Orange 10.0% Galt Sacramento 10.0% Glendale Los Angeles 10.0% Goleta Santa Barbara 10.0% Grass Valley Nevada 10.0% r� Grover City San Luis Obisl 10.0% Hemet Riverside 10.0% Hercules Contra Costa 10.0% Hermosa Bea Los Angeles 10.0% Hesperia San Bernardin 10.0% Huntington Be Orange 10.0% Imperial Beacl San Diego 10.0% Indio Riverside 10.0% Irwindale Los Angeles 10.0% Isleton Sacramento 10.0% Jackson Amador 10.0% King City Monterey 10.0% La Mesa San Diego 10.0% La Puente Los Angeles 10.0% La Verne Los Angeles 10.0% Laguna Beach Orange 10.0% Laguna Hills Orange 10.0% Laguna Wood Orange 10.0% Lake Elsinore Riverside 10.0% Lake Forest Orange 10.0% Lakeport Lake 10.0% Larkspur Marin 10.0% Lincoln Placer 10.0% Loma Linda San Bernardin 10.0% Lomita Los Angeles 10.0% Lompoc Santa Barbara 10.0% Los Altos Santa Clara 10.0% Los Banos Merced 10.0% Los Gatos Santa Clara 10.0% Manhattan Be Los Angeles 10.0% Maricopa Kern 10.0% Marina Monterey 10.0% Martinez Contra Costa 10.0% Marysville Yuba 10.0% Menifee Riverside 10.00 Menlo Park San Mateo 10.0% Merced Merced 10.0% Mill Valley Marin 10.0% Milpitas Santa Clara 10.0% Monrovia Los Angeles 10.0% Montclair San Bernardin 10.0% Montebello Los Angeles 10.0% Monterey Monterey 10.0% Moorpark Ventura 10.0% Morgan Hill Santa Clara 10.0% Morro Bay San Luis Obisl 10.0% Mount Shasta Siskiyou 10.0% Mountain Viem Santa Clara 10.0% Murrieta Riverside 10.0% National City San Diego 10.0% Needles San Bernardin 10.0% Nevada City lNevada 1 10.0% 40 j1.16 Newark Alameda 10.0% Newport Bead Orange 10.0% Norwalk Los Angeles 10.0% Novato Marin 10.0% Oakley Contra Costa 10.0% Oceanside San Diego 10.0% Ojai Ventura 10.0% Orange Orange 10.0% Orinda Contra Costa 10.0% Orland Glenn 10.0% Oxnard Ventura 10.0% Pacific Grove Monterey 10.0% Pacifica San Mateo 10.0% Palmdale Los Angeles 10.0% Paradise Butte 10.0% Paramount Los Angeles 10.0% Perris Riverside 10.0% Petaluma Sonoma 10.0% Pico Rivera Los Angeles 10.0% Pinole Contra Costa 10.0% Pismo Beach San Luis Obisl 10.0% Placentia Orange 10.0% Placerville EI Dorado 10.0% Pleasant Hill Contra Costa 10.0% Point Arena Mendocino 10.0% Pomona Los Angeles 10.0% Port Hueneme Ventura 10.0% Poway San Diego 10.0% Rancho Cucar San Bernardin 10.0% Rancho Miragj Riverside 10.0% Rancho Palos Los Angeles 10.0% Red Bluff Tehama 10.0% Redding Shasta 10.0% Redlands San Bernardin 10.0% Redondo Bea Los Angeles 10.0% Redwood City San Mateo 10.0% Richmond Contra Costa 10.0% Ridgecrest Kern 10.0% Rio Vista Solano 10.0% Ripon San Joaquin 10.0% Rolling Hills Ei Los Angeles 10.0% Rosemead Los Angeles 10.0% Salinas Monterey 10.0% San Anselmo Marin 10.0% San Bernardin San Bernardin 10.0% San Buenaver Ventura 10.0% San Carlos San Mateo 10.0% San Clemente Orange 10.0% San Gabriel Los Angeles 10.0% San Jose Santa Clara 10.0% San Juan Cap Orange 10.0% San Leandro jAiameda 1 10.0% San Luis Obisl San Luis Obis 10.0% San Marcos San Diego 10.0% San Mateo San Mateo 10.0% San Rafael Marin 10.0% Santa Clarita Los Angeles 10.0% Santa Cruz Santa Cruz 10.0% Santa Fe Sprii Los Angeles 10.0% Santa Maria Santa Barbara 10.0% Santa Paula Ventura 10.0% Saratoga Santa Clara 10.0% Scotts Valley Santa Cruz 10.0% Sebastopol Sonoma 10.0% Shasta Lake Shasta 10.0% Simi Valley Ventura 10.0% Solvang Santa Barbara 10.0% Sonoma Sonoma 10.0% Sonora Tuolumne 10.0% South Lake Ta EI Dorado 10.0% South San Fr San Mateo 10.0% Susanville Lassen 10.0% Taft Kern 10.0% Temple City Los Angeles 10.0% Thousand Oal, Ventura 10.0% Tiburon Marin 10.0% Tracy San Joaquin 10.0% Truckee Nevada 10.0% Tulare Tulare 10.0% Ukiah Mendocino 10.0% Union City Alameda 10.0% Upland San Bernardin 10.0% Visalia Tulare 10.0% Vista San Diego 10.0% Watsonville Santa Cruz 10.0% Weed Siskiyou 10.0% West Covina Los Angeles 10.0% Westlake Villa Los Angeles 10.0% Westmorland Imperial 10.0% Wheatland Yuba 10.0% Whittier Los Angeles 10.0% Wildomar Riverside 10.0% Williams Colusa 10.0% Willows Glenn 10.0% Winters Y010 10.0% Woodland Yolo 10.0% Yorba Linda Orange 10.0% Yreka Siskiyou 10.0% Yuba City Sutter 10.0% Lafayette Contra Costa 9.5% Santa Clara Santa Clara 9.5% Sunnyvale Santa Clara 9.5% Indian Wells Riverside 9.3% Bellflower Los Angeles 9.0% Benicia Solano 9.0% Bishop Inyo 9.0% Camarillo Ventura 9.0% Carson Los Angeles 9.0% Clearlake Lake 9.0% Coachella Riverside 9.0% Dixon Solano 9.0% Downey Los Angeles 9.0% Fountain Valle Orange 9.0% Gilroy Santa Clara 9.0% Hawaiian Garc Los Angeles 9.0% La Mirada Los Angeles 9.0% Lathrop San Joaquin 9.0% Lawndale Los Angeles 9.0% Livingston Merced 9.0% Madera Madera 9.0% Manteca San Joaquin 9.0% Modesto Stanislaus 9.0% Oroville Butte 9.0% Palm Desert Riverside 9.0% Portola Plumas 9.0% Rialto San Bernardin 9.0% Santa Rosa Sonoma 9.0% Seal Beach Orange 9.0% Signal Hill Los Angeles 9.0% Turlock Stanislaus 9.0% Twentynine PE San Bernardin 9.0% Willits Mendocino 9.0% Hayward Alameda 8.5% Walnut Los Angeles 8.5% Walnut Creek Contra Costa 8.5% Atwater Merced 8.0% Auburn Placer 8.0% Bell Gardens Los Angeles 8.0% Big Bear Lake San Bernardin 8.0% Brawley Imperial 8.0% California City Kern 8.0% Calipatria Imperial 8.0% Chino San Bernardin 8.0% Colfax Placer 8.0% Colusa Colusa 8.0% Corcoran Kings 8.0% Coronado San Diego 8.0% Cudahy Los Angeles 8.0% Dublin Alameda 8.0% EI Segundo I Los Angeles 8.0% Ferndale lHumboldt 8.0% Folsom Sacramento 8.0% Fontana San Bernardin 8.0% Foster City San Mateo 8.0% Gonzales Monterey 8.0% Greenfield Monterey 8.0% Hanford Kings 8.0% Hollister San Benito 8.0% Imperial Imperial 8.0% Industry Los Angeles 8.0% Irvine Orange 8.0% La Palma Orange 8.0% Laguna Niguel Orange 8.0% Lakewood Los Angeles 8.0% Lemoore Kings 8.0% Lindsay Tulare 8.0% Livermore Alameda 8.0% Loomis Placer 8.0% Los Alamitos Orange 8.0% Mission Viejo Orange 8.0% Moreno Valley Riverside 8.0% Norco Riverside 8.0% Patterson Stanislaus 8.0% Pittsburg Contra Costa 8.0% Pleasanton Alameda 8.0% Porterville Tulare 8.0% Reedley Fresno 8.0% Rio Dell Humboldt 8.0% Rocklin Placer 8.0% San Dimas Los Angeles 8.0% San Jacinto Riverside 8.0% South EI Mont Los Angeles 8.0% South Gate Los Angeles 8.0% Stanton Orange 8.0% Stockton San Joaquin 8.0% Tehachapi Kern 8.0% Temecula Riverside 8.0% Trinidad Humboldt 8.0% Vacaville Solano 8.0% Waterford Stanislaus 8.0% Westminster Orange 8.0% Azusa Los Angeles 7.5% Compton Los Angeles 7.5% San Ramon Contra Costa 7.3% Sutter Creek Amador 7.3% Amador Amador 7.0% Gustine Merced 7.0% Highland San Bernardin 7.0% Huron Fresno 7.0% Lancaster Los Angeles 7.0% Oakdale Stanislaus 7.00 Victorville San Bernardin 7.0% Yucaipa San Bernardin 7.0% Yucca Valley San Bernardin 7.0% Danville Contra Costa 6.5% Apple Valley San Bernardin 6.0% Avenal Kings 6.0% Banning Riverside 6.0% loo,'r) A.40 Cerritos Los Angeles 6.0% Coalinga Fresno 6.0% Costa Mesa Orange 6.0% Etna Siskiyou 6.0% Glendora Los Angeles 6.0% Gridley Butte 6.0% Ione Amador 6.0% Lemon Grove San Diego 6.0% Lodi San Joaquin 6.0% Mcfarland Kern 6.0% Plymouth Amador 6.0% Roseville Placer 6.0% Santee San Diego 6.0% Selma Fresno 6.0% Soledad Monterey 6.0% Tustin Orange 6.0% Wasco Kern 6.00 Ceres Stanislaus 5.0% Dorris Siskiyou 5.0% Huntington Pa Los Angeles 5.0% Maywood Los Angeles 5.0% Clayton Contra Costa 4.0% Exeter Tulare 4.0% Firebaugh Fresno 4.0% Holtville Imperial 4.0% Riverbank 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U -1 ¢ U) in EL SEGUNDO CITY COUNCIL MEETING DATE: August 3, 2010 AGENDA STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Continuation of Council's consideration to transition the El Segundo Fire Department's ("ESFD") services to the Consolidated Fire Protection District of Los Angeles County (aka the Los Angeles County Fire Department), including possible action to direct staff to undertake further analysis of potential impacts including, without limitation, an analysis pursuant to Elections Code § 9212 regarding an initiative petition currently being circulated that would require, if adopted, that ESFD's services be performed by the County. RECOMMENDED COUNCIL ACTION: Consideration and possible action to direct staff to undertake further analysis of the impacts of transitioning ESFD to the County including, without limitation, an analysis under Elections Code § 9212 regarding the initiative petition currently being circulated that would require, if adopted, that ESFD be transitioned to the County. 2. Alternatively, take other related action as directed by Council. ATTACHED SUPPORTING DOCUMENTS: Feasibility Study for Provision of Fire Protection Services by Los Angeles County Fire Department FISCAL IMPACT: None Amount Requested: $ Additional Appropriation: Account Number(s): ORIGINATED BY: Kevin Smith, Fire Chief REVIEWED BY: Kevin Smith, Fire Chief APPROVED BY: Jack Wayt, City Manage BACKGROUND AND DISCUSSION: On December 1, 2009, the City Council directed that staff request the County of Los Angeles to prepare an analysis of a potential transition of ESFD services to the County. The County Fire Department has completed its Feasibility Study which is attached hereto as Exhibit A. The Feasibility Study is to be presented to the Los Angeles County Board of Supervisors for approval on August 17, 2010. The report generally provides for the County to staff Station 1 with a 3 -person paramedic assessment engine and a 2 -person paramedic squad, and Station 2 with a 3 -person paramedic A" 37 assessment engine and a 4 -person truck/quint apparatus, for a total of 12 on -duty daily plus fire prevention staffing, at an anticipated 2010-11 annual cost of $10.1 million. On May 13, 2010, the City Clerk's Office received a notice of intent to circulate a petition to require that the City transition its Fire Department services to the County. As required by law, the City Attorney's Office prepared the Title and Summary for the initiative. On May 20, 2010, the Clerk's Office transmitted such to the circulator of the petition. The circulator has up until November 17, 2010(180 days from the time the circulator was presented with the Title and Summary), to collect signatures for the petition. Elections Code § 9212 provides as follows: "a) During the circulation of the petition ... the legislative body may refer the proposed initiative measure to any city agency or agencies for a report on any or all of the following: (1) Its fiscal impact. (2) Its effect on the internal consistency of the city's general and specific plans ... the consistency between planning and zoning, and the limitations on city actions under Section 65008 of the Government Code.... (3) Its effect on the use of land, the impact on the availability and location of housing, and the ability of the city to meet its regional housing needs. (4) Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space. The report may also discuss whether the measure would be likely to result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to current residents and businesses. (5) Its impact on the community's ability to attract and retain business and employment. (6) Its impact on the uses of vacant parcels of land. (7) Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization. (8) Any other matters the legislative body requests to be in the report. (b) The report shall be presented to the legislative body within the time prescribed by the legislative body, but no later than 30 days after the elections official certifies to the legislative body the sufficiency of the petition." Since the City was already analyzing the potential transition of ESFD to the County months before the initiative petition was presented to the City Clerk's Office, the City is generally not constrained by the thirty day time limit in Elections Code § 9212. 2 �3 However, the Los Angeles County Feasibility Study does not contain any information regarding the initiative petition; the City Council may have specific questions or issues addressed that are unique to the initiative petition that it wants staff to address as allowed by the Elections Code. Additionally, Council may have questions or issues that relate to the potential transition of ESFD services to the County, regardless of whether such is the result of Council action or the initiative process. Staff understands that this is an important issue for the Council and the community and wants to be proactive in providing information necessary to the decision making process. 3 FEASIBILITY STUDY FOR THE PROVISION OF FIRE PROTECTION, PARAMEDIC AND INCIDENTAL SERVICES THE CITY OF EL SEGUNDO THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY July 23, 2010 4 FEASIBILITY STUDYFOR SER VICES To THE CITY OF EL SEGUNDO B17 THE CONSOLIDATED FIRE PROTECTIONDISTRICT OFLOSANGELES COUNTY TABLE OF CONTENTS I. Introduction............................................................................................................. 3 II. Executive Summary ................................................................................................ 4 III. City of EI Segundo.................................................................................................. 6 IV. Proposed Operation by the Fire District................................................................. 8 V. Financial Analysis.................................................................................................. 10 VI. Benefits of Annexing the City to the Fire District .................................................. 13 VII. Transition from City to District............................................................................. 22 VIII. Summary .............................................................................................................. 26 Appendix: Appendix A Glossary of Terms Appendix B Description of Consolidated Fire Protection District of Los Angeles County Appendix C Additional District Services Appendix D Annexation Process 2 FEASIBILITYSTUDYFOR SERVICES TO THE CITYOFEL SEGUNDO BY THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY I. INTRODUCTION On December 1, 2009, the EI Segundo City Council requested a proposal for the provision of Fire Protection, Paramedic, and Incidental Services from the Consolidated Fire Protection District of Los Angeles County (Fire District). On December 2, 2009, the Los Angeles County Board of Supervisors (Board) directed that the guidelines for preparing such proposals be revised to include specific criteria regarding liabilities, benefits, and financial risk. The new guidelines were prepared in consultation with the Chief Executive Office, Auditor -Controller, and County Counsel, and approved by the Board on July 13, 2010. In accordance with the recently approved guidelines, this feasibility study was prepared to outline for the Board the Fire District's preliminary recommendations for proposed staffing in the City of EI Segundo and provide preliminary findings regarding the: • reciprocal benefits to Los Angeles County and Fire District residents and businesses, as well as those of EI Segundo, including increased staffing and units that will be available to the Fire District and EI Segundo; • evaluation of any increased County risk exposures and costs, including but not limited to liability and workers compensation benefits, to ensure that the fee structure would include a proportional charge for such costs to the City of EI Segundo, and if appropriate, a charge back of any unique costs identified for the City's contract; and evaluation of the City of EI Segundo's financial solvency, in consultation with the Auditor -Controller, using the City's last published Comprehensive Annual Financial Report (CAFR). If authorized by the Board, the Fire Chief would submit this feasibility study to the City of EI Segundo for review. The City would then determine whether or not to proceed with negotiations for annexation to the Fire District. If the City decides to proceed, it would be required to sign a Reimbursement Agreement that ensures payment to the Fire District of its costs for evaluating the City's facilities, equipment and vehicles to determine potential one-time costs of conversion to Fire District operation. If negotiations with the City are successful, the Fire District would return to your Board with final recommendations and request that the Board make application to the Local Agency Formation Commission (LAFCO) to annex the City of EI Segundo to the Fire District. Appendix D outlines the steps in the annexation process. FEA.SIBITITY STUDYFOR SERVICES TO THE CITY OF EL SEGUNDO BY THE CONSOLIDATED FIRE PROTECTIONDISTRICT OF LOS ANGELES COUNTY II. EXECUTIVE SUMMARY Annexation of the City of EI Segundo to the Fire District would provide reciprocal benefits to both agencies. The City and Fire District's common boundary, alongside the western boundaries of the unincorporated area of Del Aire and the City of Hawthorne, is conducive for economically sharing resources. The City would benefit from the Fire District's regional and specialized resources, while the Fire District and Los Angeles County would benefit from the additional resources that would be staffed within the City. The Fire District would operate the City of EI Segundo's two fire stations, Station 1 located on Main Street on the western side of the City, and new Station 2 located on Mariposa Avenue on the eastern side, for a total 2010-11 estimated cost of $10.1 million. Constant staffing for both City stations with two assessment engine companies, one truck company and one paramedic squad would provide a total staffing of 12 uniformed personnel on -duty daily in the City, plus fire prevention staff. A service contract between the Fire District and the City would provide benefits to both agencies, including: ➢ Specialized Fire District resources such as hazardous materials and urban search and rescue squads are constantly staffed and would be available to respond within the City as needed. Within 5 miles of the City, 24 District units are constantly staffed and would respond to major or simultaneous incidents within the City. ➢ Engine and truck company response times to the unincorporated area of Del Aire would improve due to the proximity of EI Segundo Station 2, and City units would also be available as second -due units when simultaneous or large-scale incidents occur within the vicinity. The Fire District's fee structure ensures that the City of EI Segundo would pay its proportional share of costs associated with providing fire protection and emergency medical services, including expenses such as liability, workers compensation, and overhead. Additionally, a review of the City's 2009 Comprehensive Annual Financial Report concluded that it is anticipated that the City would be able to meet its financial commitments to the Fire District. Specifically, this study found: 1) The Fire District's rate structure for salary and employee benefits ensures the City of EI Segundo would proportionally share in the worker's compensation costs associated with positions assigned to the City of EI Segundo. 2) Transferring City employee would be required to leave retirement contributions on deposit with CalPERS and establish reciprocity with LACERA, limiting the Fire District's retirement benefit costs. The employee's LACERA contribution rate would be based on his or her age upon entering the CalPERS system. The Fire District's rate structure for salary and employee benefits includes a component for retirement costs for positions staffing City stations, and therefore the District costs would be fee offset. N 403 FEASIBILITYSTUDYFOR SERVICES TO THE CITYOFEL SEGUNDO BY THE CONSOLIDATED FIRE PROTECTIONDISTRICT OFLOSANGELES COUNTY 3) The Fire District's overhead rate includes actual liability costs incurred by the District over the last five fiscal years. The proposed annual fee for the City of EI Segundo would include a proportional amount of liability costs based upon City staffing costs. 4) The Los Angeles County's Office of the Auditor -Controller has assisted the District's review of the City's Comprehensive Annual Financial Reports (CAFR) for both 2008 and 2009. Based on the guidelines developed by the Government Finance Officers Association (GFOA) for evaluating a city's adequate level of fund balance necessary to mitigate current and future risks, the City met the GFOA's criteria for determining solvency in 2008 and 2009. Based upon the above evaluation, the following Board actions are recommended: 1) Authorize the Fire Chief of the Fire District to provide a copy of the Feasibility Study to the City of EI Segundo. 2) Authorize the Fire Chief to begin the process of negotiations and, should the City Council of the City of EI Segundo decide to proceed, to execute a Reimbursement Agreement with the City. 3) Upon successful conclusion of negotiations with the City, direct the Fire Chief to report back to your Board requesting adoption of a resolution making application to LAFCO for the annexation of the City to the Fire District and, upon LAFCO's approval of the annexation, to return to your Board requesting final approval of the negotiated annexation agreement as approved by the City Council. 14 4 FEASIBILITYSTUI7Y FOR SERVICES TO THE CITYOFEL SEGUNDO BYTHE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY III. THE CITY OF EL SEGUNDO The City of EI Segundo is located in southwest Los Angeles County. It is bordered by the unincorporated area of Del Aire and the City of Hawthorne to the east, the City of Los Angeles to the north, the City of Manhattan Beach to the south, and the Pacific Ocean to the west. t� 0�1� IMP R =i a 't ¢ '� t r 9 I � • � ! ti 1 ' tlt -� fit' b MAN�IpiTA "a , 4 n } EI Segundo is both a small coastal community, as well as a transitional corporate town. Despite its size of 5'/2 square miles, EI Segundo has the second highest concentration of Fortune 500 companies in California, behind only San Francisco. Some of the City's industrial sites are being transitioned into shopping malls, office space and sports facilities. The City is also adjacent to the Los Angeles International Airport and within 15 miles of the Port of Los Angeles, making the City very appealing for regional and international business opportunities. In 2006, EI Segundo won an Eddy award for being the most business -friendly city in Los Angeles County. Some of the pertinent statistics of the City are: Population: 16,700 Residents, 70,000 Daytime Area: 5.5 Square Miles Assessed Valuation: $9.9 Billion (2009) Annual Fire Dept. Emergency Incidents: 2,425 (3 -Year Average) EI Segundo Fire Department The City of EI Segundo Fire Department is currently administered by a Fire Chief, a Deputy Chief and three Battalion Chiefs that serve as platoon/shift commanders. Civilian employees serve as the Fire Marshal, Emergency Management Coordinator and Fire Prevention Specialists. 6 145 FEASIBILITYSTUDYFOR SERVICES TO THE CITY0FEL SEGUNDO BYTHE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY The City's fire protection and emergency medical services are provided from two fire stations. Fire Station 1 houses two fire engines, one paramedic rescue unit and one Battalion Chief. Fire Station 2 houses one fire engine, one fire truck (quint) and one paramedic rescue unit. When fully staffed, on -duty daily suppression staff is 19 per day (one Battalion Chief, four Captains, four Engineers, five Paramedics and five Firefighters). However, budgetary restrictions have reduced staffing in the City to a minimum of 14 personnel per day, depending on absences and vacancies. As a result, staffing on one engine and the truck is sometimes reduced from four to three persons, and one of the City's three engine companies is often not staffed. At each station, the City has a state-of-the-art rescue ambulance with updated equipment and full transportation capabilities, staffed with two paramedics on each vehicle. Other City resources that are not constantly staffed include one urban search and rescue (USAR) OES Type I heavy vehicle, two multi -casualty equipment trailers, and some reserve apparatus. The EI Segundo Fire Department has 24 members that have current OES Heavy Inventory Level Certification. Twelve of these members serve as USAR instructors. All suppression members are required to be Hazmat First Responder Operations (FRO) trained and Emergency Medical Technicians (EMTs). All paramedics are cross -trained as firefighter/paramedics. Dispatch & Communications The City recently contracted with the South Bay Regional Public Communications Authority, which serves as the City's public safety answering point (PSAP). Mutual Aid EI Segundo receives greater mutual aid through the Area G Mutual Aid Agreement (cities of EI Segundo, Manhattan Beach, Hermosa Beach, Redondo Beach and Torrance) and also through the Fire Department Mutual Apparatus and Equipment Loan Agreement with Area G cities (Torrance excluded). In addition, an Exchange for Fire Protection and Rescue Services (Automatic Aid) Agreement was executed by the City and the Fire District in 1996. This agreement authorizes a reciprocal exchange of services between the two agencies, at no cost to either agency, through a Memorandum of Understanding (MOU) that was approved by both agencies in 2006. The MOU details the day-to-day operations of both agencies and is not intended to replace or adjust any Uniform Mutual Assistance Agreement which may be in effect. The City also has automatic aid agreements with the cities of Manhattan Beach and Los Angeles. FEASIBII;ITI' STUDY FOR SER VICES TO THE CITY OF E_L SEGUNDO BY THE CONSOLIDATED FIRE PROTECTIONDISTRICT OF- LOSANGELES COUNTY IV. PROPOSED OPERATION BY THE FIRE DISTRICT The Fire District has evaluated the fire protection and emergency medical service needs of the City of EI Segundo and developed the following proposed staffing level, resource deployment, and an estimated 2010-11 annual fee structure for Fire District services: Operations Staffing: City Post (a) Estimated 2010-11 Position Station Equipment s Resource Cost 1 Assessment Engine 3 $1,810,008 (b) Paramedic Squad 2 $1,181,391 2 Assessment Engine 3 $1,874,229 Truck 4 $2,304,372 Total Daily On -Duty Station Staffing 12 Fire Prevention Staffing: Fire Protection Engineering Asst. II (Plan Check) 0.5 $59,587 Captain 0.25 $49,497 Fire Fighter Specialist (Inspector) 1.5 $251,382 Total Estimated Salary and Employee Benefits $7,530,466 Overhead @ 33.6539% 2,534,295 Estimated 2010-11 Annual Fee $10,064,761 Ambulance transport within the Fire District is normally done through private ambulance contracts administered by the Los Angeles County Department of Health Services (DHS). However, the Fire District will work with the City of EI Segundo and DHS to determine the viability of the City maintaining an ambulance transport program in concert with Fire District station personnel, similar to the program operated by the City of La Habra. (a) Three persons staff each post position through a 56 -hour work week. Station operations include overtime required to maintain 24-hour constant staffing. (b) The paramedic squad cost includes three paramedic bonuses --one for each of the two paramedics assigned to the squad itself, and one for the paramedic assigned to the assessment engine. 1 FEASIBILITY STUDYFOR SER VICES TO THE CITY OF EL SEGUNDO BY THE CONSOLIDATED FIRE PROTECTION DISTRICT OFLOS ANGELES COUNTY Below is the Fire District's proposed staffing as compared to the City's current configuration: (a) On 10/1/2009, staffing ran down to 17 due to budgetary reasons, up to 2 firefighters or one firefighter and one paramedic. This often reduced the staffing of one engine from 4 to 3 and the staffing of the Quint from 4 to 3. (b) On 3/1/2010, further budgetary reductions required that staffing can be run down to 14 per day. This often results in shutting down one Engine company. (c) The on -duty District Battalion Chief who would be assigned to the City is located at District Fire Station 161 and is not included in the District's total staffing in the City. Insurance Services Office (ISO) Fire Protection Class This City's current ISO protection class is a rating of "3". The annexation of the City to the Fire District and the proposed staffing level would not result in a rating change to the City. E City of El Segundo District Proposal Station Unit/Apparatus Type Staffing Unit/Apparatus Type Staffing Paramedic Assessment Engine 34(a) Engine 0-3(b) Paramedic Assessment Engine 3 1 Paramedic Rescue Unit 2 Paramedic Squad 2 Battalion Chief 1 Engine 3 Paramedic Assessment Quint 34(a) Paramedic Assessment Engine 3 2 Paramedic Rescue Unit 2 Quint 4 Total Daily Permanent Staffing 14-19 j 12(°) (a) On 10/1/2009, staffing ran down to 17 due to budgetary reasons, up to 2 firefighters or one firefighter and one paramedic. This often reduced the staffing of one engine from 4 to 3 and the staffing of the Quint from 4 to 3. (b) On 3/1/2010, further budgetary reductions required that staffing can be run down to 14 per day. This often results in shutting down one Engine company. (c) The on -duty District Battalion Chief who would be assigned to the City is located at District Fire Station 161 and is not included in the District's total staffing in the City. Insurance Services Office (ISO) Fire Protection Class This City's current ISO protection class is a rating of "3". The annexation of the City to the Fire District and the proposed staffing level would not result in a rating change to the City. E FI;ASIBILITI STUDY.FOR SI'RVICE,S TO THE CITYOF EL SLGUNDO BI' THE CONSOLIDATED FIRI PROTECTION DISTRICT OF LOS ANGELES COUNTY V. FINANCIAL ANALYSIS Annual Fee for District Services The Fire District's estimated 2010-11 Annual Fee is comprised of salaries, employee benefits, and overhead costs for the proposed staffing level to be provided within the City. This estimated annual fee amount can be compared to the City's current Fire Department budget, plus any Fire Department related costs incurred by the City and not a part of the Fire Department budget, to project the amount of savings the City would have realized had it been annexed to the Fire District the entire fiscal year. The annual fee, as described in this report, would fund all fire suppression, hazardous materials response, fire prevention, emergency medical services, and support functions such as dispatching, training, equipment maintenance, supplies, procurement, and all other services required for the effective operation of a modern fire department. The City would pay the annual fee directly from municipal funds. The annual fee would be prorated on a monthly basis; payments by the City would be due monthly in advance. Interest would be added to any payment received after the due date. Fire protection, hazardous materials, and emergency medical services would not be performed unless the City: • Has available funds previously appropriated to cover the annual fee and • Has paid the appropriated funds to the District. Approximately 60 days prior to the upcoming Fire District fiscal year (July 1 — June 30), the Fire District would provide the City an estimate of the fee for the following year. When the Fire District has information available to determine the actual annual fee, the Fire District would present the City with a statement reflecting the difference between the actual and estimated fee. An adjustment representing that difference would be charged or credited to the City over the following 12 months in the subsequent fiscal year. Annual Fee Payment Cap: The minimum term of an annexation agreement between the City and the Fire District would be ten years. A five and one-half percent (5.5%) payment cap would be placed on any increases to the City's annual fee each year for the first five years of the Agreement. This payment cap applies only to the City's annual fee payment amount (i.e., the salary, employee benefits, and overhead cost). Calculation of the payment cap would not include any conversion costs, credits, rebates, etc., which may be factored into the City's monthly payment amount. For the sixth year of the Agreement term, the payment cap would be the average of the immediately preceding four years' percentage increases in the annual fee plus one percent. For the seventh year of the Agreement and each subsequent year, the payment U17 FEASIBILIn'STUDI'FOR SERVICES TO THE CITYOFEL SEGUNDO BY THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY cap would be the average of the immediately preceding five years' percentage increases plus one percent. In any year where the City's annual fee payment amount exceeded the preceding year's payment amount plus the applicable payment cap, payment of the excess amount would be deferred to a subsequent fiscal year where the increase in the annual fee payment for that fiscal year over the preceding fiscal year is less than the payment cap. The excess amount would be repaid by the City in any subsequent fiscal year to the extent the City's annual fee payment increase in that fiscal year is less than the excess amount for that fiscal year. Workers Compensation: The "Resource Cost" as stated in the Estimated 2010-11 Annual Fee (page 8) is based upon "Uniform Position Costs" (UPC) calculations that comprise both salaries and employee benefits for firefighter series positions. Workers compensation costs are included as part of those employee benefit calculations. The total estimated workers compensation costs that the City of EI Segundo would fund, as included in the total Estimated Salary and Employee Benefits, is $518,311. Liability: The Fire District's overhead rate includes actual liability costs incurred by the District over the last five fiscal years. The overhead rate is charged as a factor to the total S&EB costs in the City. Therefore, the Estimated Annual Fee for services would include the City's proportional share of liability costs. Based upon the Estimated 2010-11 Annual Fee, the total estimated liability costs that the City of EI Segundo would fund as part of the overhead charge is $16,107. Fire District Special Tax: The City would not be a part of the Fire District's special tax for fire and paramedic services. Conversion Costs: Certain items of City apparatus, equipment, and facilities would require conversion, repair, upgrade, or replacement to be compatible with Fire District operations and meet Fire District standards. The City would be required to reimburse to the Fire District all expenditures made to convert to Fire District operations. A comprehensive evaluation and conversion cost estimate would be completed by the Fire District if negotiations are authorized. Before the survey is conducted for City stations and equipment, the City would be required to enter into a Reimbursement Agreement with the Fire District for the reimbursement of the costs incurred by the Fire District in completing the survey. Revenues: Revenues, if any, generated by the Fire District for its services would be revenues of the Fire District. Those revenues may include fees from hazardous materials inspections (recovery of costs) or others. Revenues derived by the City for Fire District services such 1 J FEASIBILITYSTUDYFOR SERVICES TO TATs CITYOFLG'L SEGZINDOBYTHE CONSOLIDATIsD FIRM PROTECTION DISTRICT OF LOS ANGELES COUNTY as business license inspections may be collected and retained by the City as long as they are not in conflict with any Fire District charges. Should the City undertake a City ambulance transport program, any revenues the City would derive from such a program would be retained by the City. City Annexations: The annual fee for service is predicated upon the City's current service requirements and boundaries. To maintain adequate levels of service, increases in fire and emergency medical services resources may be needed by the Fire District if City annexations occur. Should the City annex additional territory, City and Fire District would need to assess resultant service needs. EI Segundo Solvency Calculation EI Segundo's solvency calculation is based upon the City's 2008 and 2009 Comprehensive Annual Financial Reports (CAFR). Both the Government Finance Officers Association (GFOA) and the Los Angeles County Auditor -Controller's Office recommend that, at a minimum, the Unreserved (unrestricted) General Fund Balance for a city should be no less than two months of regular general fund operating revenue or regular general fund operating expenditures. In addition, the GFOA recommends that the financial resources available in other funds be considered in assessing the adequacy of the unrestricted fund balance. Therefore, the Auditor -Controller's Office recommends that the balance in the City of EI Segundo's Economic Uncertainty fund be included in tests to determine the City's solvency. Applying the GFOA and Auditor Controller's recommended criteria to the City's 2008 and 2009 CAFRs, in both years the total available fund balances have exceeded both the City's General Fund Revenue and General Fund Expenditures and, thus, the City of EI Segundo has met the criteria for determining solvency for 2008 and 2009, as follows: 2008 CAFR Analysis Unreserved General Fund Balance $14,004,971 Economic Security Fund $5,317,570 Total 2008 Fund Balances General Fund Revenue Two Month Fund Balance General Fund Expenditures Two Month Fund Balance 2009 CAFR Analysis Unreserved General Fund Balance $8,224,712 Economic Security Fund $2,129,495 Total 2009 Fund Balances General Fund Revenue Two Month Fund Balance General Fund Expenditures Two Month Fund Balance 12 $19,322,541 $8,720,085 $9,676,460 $10,354,207 $9,096,396 10,237, 576 V 51 FEASIBILITYSTUDYFOR SERVICES TO THE CITYOFEL SEGUNDO BY THE CONSOLIDA TED TIRE, PROTECTIONDISTRICTOFLOSANGELES COUNTY VI. BENEFITS OF ANNEXATION TO THE FIRE DISTRICT Both the City and the Fire District provide outstanding fire protection and emergency medical services. However, the Fire District, due to its overall size and economy of scale, is able to provide a broader range of in-depth, quality services than most municipal fire departments. There are certain benefits to being part of a larger organization that strives to be an attentive and responsive "hometown fire department" to each of the cities and communities it serves. For a general background of the Fire District, please see Appendix B. Regional Concept of Services Delivery The Fire District operates under a regional approach in providing emergency services to its Fire District cities and unincorporated areas of Los Angeles County. Some of the nearby cities and communities that are served by the Fire District include Inglewood, Hawthorne, Gardena, Lawndale, Lennox, Ladera Heights, Alondra Park, Del Aire, Athens and Westmont. To ensure the best response times possible, the closest available resource is dispatched to an incident, regardless of jurisdictional or municipal boundaries, thereby providing an optimum level of service. Both the Fire District and the City would benefit from annexation of the City as follows: Benefit to City: The City would benefit from the 24 District emergency response units located within five miles of the City stations, which would be available to provide enhanced responses to large incidents, and/or simultaneous incidents when the City's units are assigned to other incidents. A preliminary review of costs compared to the City of EI Segundo's $15.7 million budget for its Fire Department indicates City costs would be reduced. However, the City would need to make this determination after it carefully considered all costs and revenues associated with fire protection and emergency medical services in the City. Benefit to the County: The unincorporated Del Aire community, as well as some areas within the western Hawthorne area, would benefit from the proximity of City Station 2. In addition, because truck companies' jurisdictions cover a larger area than the first -in engine, the truck assigned to City Station 2 would greatly enhance the level of truck service available to the unincorporated Del Aire and Lennox communities, along with the District -served City of Hawthorne. The following map shows the District's jurisdiction that is within 5 miles of EI Segundo's two fire stations. These areas highlighted in yellow will particularly benefit from the additional service that would be available by annexing the City. 13 1 u �} F1sASIBILITY STUDYFOR SERVICES TO THE CITY OF EL SEGUNDO BY THE CONSOLIDATED FIRE PROTECTIONDISTRICT OF LOS ANGELES COUNTY District Areas within Five Miles of EI Segundo Stations Response Times In most cases, the Fire District would respond from the same City stations or closer Fire District stations on a "first -in" response. As a result, response times in the City would be equal to or better than the existing response times, since some areas of the City may be closer to an adjacent Fire District station. Response times in the Fire District areas of unincorporated Del Aire would improve due to the proximity of City Station 2, which would have first -in response jurisdiction in that community. Major or Simultaneous Incidents The City has addressed the need to respond to large, complex, or simultaneous incidents involving major loss of life or property through the use of automatic and mutual aid agreements. While these agreements can provide significant resources, emergency operations are less effective under these agreements than if City forces were an established part of the Fire District and all responding resources were under a unified command. Also, there is usually a dispatch "lag time" for automatic and mutual aid requests, which causes longer response times for assisting units. 14 IM 51,191110.1rem, 10 1 z a . ��% L u, ya a. cl � ��i yam■`■■^ y�,� Response Times In most cases, the Fire District would respond from the same City stations or closer Fire District stations on a "first -in" response. As a result, response times in the City would be equal to or better than the existing response times, since some areas of the City may be closer to an adjacent Fire District station. Response times in the Fire District areas of unincorporated Del Aire would improve due to the proximity of City Station 2, which would have first -in response jurisdiction in that community. Major or Simultaneous Incidents The City has addressed the need to respond to large, complex, or simultaneous incidents involving major loss of life or property through the use of automatic and mutual aid agreements. While these agreements can provide significant resources, emergency operations are less effective under these agreements than if City forces were an established part of the Fire District and all responding resources were under a unified command. Also, there is usually a dispatch "lag time" for automatic and mutual aid requests, which causes longer response times for assisting units. 14 FEASIBILITYSTUDYFOR SERVICES TO THE CITYOFEL SEGUNDO BY THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY Fire Ground and Emeraencv Operations The fire service has recognized standards for the provision of fire and emergency medical services. Some of these standards are dictated by federal or state regulations. Tasks such as commanding and coordinating responding units, operating the fire equipment, searching for and rescuing trapped persons, laying out and attacking the fire with hoses, etc., must be done by an adequate number of properly trained and equipped staff. All the tasks must be accomplished in rapid sequence within very limited and critical time frames. Criteria such as "prior to flash over," "confinement to building of origin," "prior to brain death," and "time to intervention" are applied. The service configuration presented in this Feasibility Study, with supporting Fire District resources, provides strengthened numbers of trained staff to quickly perform required tasks and meet standards within the City. Response Matrix The Fire District's Command and Control Division, Dispatch Services Center, utilizes standardized response profiles to dispatch resources to emergencies. Initial response for a building fire is dependent on the required fire flow in gallons of water per minute necessary to extinguish the fire. Following are a few examples of the Fire District's typical response to reported fires: Initial Commercial Response: The standard first alarm response for a commercial building fire is: Total average staffing level = 5 Engine Companies 2 Ladder Truck Companies 1 Paramedic Rescue Squad 2 Battalion Chiefs 29 If the initial response does not provide the necessary resources, greater alarms may be requested by the incident commander. Commercial Third Alarm: Response to a third alarm for a commercial building fire would result in the following: 13 Engine Companies 6 Truck Companies 2 Paramedic Rescue Squads 1 Hazardous Materials Task Force (Engine & Squad) 1 USAR Task Force (Engine and USAR Squad) 1 Mobile Air Unit 6 Battalion Chiefs, 2 Assistant Chiefs, 1 Deputy Chief Total average staffing level = 104 15 _ R 1 +� � FEASIBILITYSTUDYFOR SERVICES TO THL' CITYOFEL SEGUNDO BYTHE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY Refinery Third Alarm: 12 Engine Companies 3 Truck Companies 1 Paramedic Rescue Squad 2 Hazardous Materials Task Forces 1 USAR Task Force 1 Mobile Air Unit 1 Deluge Unit 1 Foam Unit 4 Battalion Chiefs, 2 Assistant Chiefs, 1 Deputy Fire Chief Total average staffing level = 88 Additional resources, including various specialized pieces of equipment, technical teams, etc., may be requested by the incident commander. When it is anticipated that an engine company would be out for 30 minutes or more in designated critical coverage areas, companies are automatically dispatched to "move -up" to pre -designated vacant stations near the greater alarm incident so that coverage is available for any subsequent emergency. Paramedic Services Sixty-seven (67) paramedic rescue squads are strategically assigned among the Fire District's 169 fire stations. Paramedic rescue squad personnel provide advanced life support, including drug therapy and sophisticated medical procedures, in addition to their basic firefighting duties. In 2005, the Fire District instituted the 12 -Lead Electrocardiogram (ECG) Program. The primary goal of this program is to improve patient care and outcomes by immediately correlating the chief complaint, clinical presentation, transport decision, and hospital intervention. The Fire District has the capability of responding numerous additional squads to an incident or area when a high demand for service occurs. In appropriate locations, the Fire District operates paramedic engine companies and paramedic assessment engines to increase the optimum use and efficiency of personnel. Hazardous Materials Services The Fire District provides hazardous materials response services to all of its jurisdictional area and, upon request and availability, to cities outside the Fire District's jurisdiction. Hazardous materials task force personnel (hazardous materials response squad and an accompanying engine) are trained to identify and deal with a hazardous materials release or potential release on emergency incidents. Related Services The Fire District conducts a variety of public service, educational, fire prevention, and related programs such as: the Explorer Program which introduces young people ages 15 through 21 to the fire service as a possible career through training and participation in actual situations; the Juvenile Fire Setters Program which provides youth counseling; the FEASIBILITYSTUDYFOR SERVICES TO THE CITYOFEL SEGUNDO BY THE CONSOLIDA TED FIRE PROTECTION DISTRICT OFLOSANGELE5 COUNTY Rescue Youth Program, operated in conjunction with the District Attorney's Office, which provides a mentoring program at District fire stations for at -risk youths that are between 12 and 14 years of age; and the Yogi Bear Schoolhouse earthquake simulator, which provides earthquake preparedness training. The Fire District also provides ocean lifeguard, forestry, hazardous materials regulation, and other health and safety related services. Lifeguard services are not included as part of this feasibility study. The Fire District's current contract for lifeguard services along the EI Segundo beach area would not be impacted should the City transition to Fire District services. Patient Transport The Fire District provides, without charge to patients, pre -hospital paramedic and emergency medical services, including Advanced Life Support (ALS). The Fire District does not provide ambulance transportation. Patients are transported to the hospital utilizing private ambulance service under contract with the Department of Health Services, using the exclusive operating area arrangement. The City may opt to pursue a City -run transport program from City stations for which the City could receive revenue. The Fire District would work with the City and the Department of Health Services to determine the viability of this option for the City. Regardless of whether the ambulance provider is private or City -sponsored, Fire District fire fighter paramedics would accompany the patient in the ambulance if needed for patient care. The private ambulance firm, or City, would charge the responsible private party for transportation. Fire Prevention Fire District fire prevention and related services are provided by both the Prevention and Operations Bureaus as follows: • Building inspections for all commercial, industrial, high-rise, and multi -residential occupancies. • Fire prevention inspections in connection with the issuance of business licenses, at the request of the City. • Inspection of schools and institutional occupancies. • Dwelling brush clearance inspections. • Public education programs. • Investigation of all fire hazard complaints, such as arson, from area residents. • Review of all building plans, subdivisions, conditional use permits, zone changes and water system improvement plans. • Review of applications for filming and special effects permits, sets requirements and conducts inspections at filming Jocations to ensure public safety and compliance with the Fire Code. 17 FEASII3ILITYSTVDYF'OR SERVICES TO THE CITYOFEL SEGUVDO BV THE CONSOLIDATED FIRE PROTECTIONDIS7RICT OF LOS ANGELES COUNTY Move -Up Coverage Fire District policy would require automatic engine company "move -up" coverage of any designated critical coverage City station(s) when the jurisdictional engines are committed to emergencies anticipated to least 30 minutes or more. Just as Fire District resources outside the City would be used to move up and cover a designated City station(s), a selected company in the City may be used to move up and cover stations outside the City when necessary. Automatic Aid The Fire District utilizes automatic aid agreements with other fire departments to provide the most expeditious response to designated areas on a day-to-day basis while maintaining a reciprocal exchange of services. The Fire District would continue to participate in the City's existing automatic aid agreements and mutual aid programs if the City were to annex to the Fire District. Modifications would be made as appropriate. Adiacent Fire District Resources There are 14 Fire District fire stations, staffed daily with 72 firefighters that are within 5 miles of the City which would provide direct and support service under the regional service delivery concept. Below is a chart listing all of the resources: DISTRICT STATIONS AND RESOURCES WITHIN FIVE MILES OF NEAREST CITY OF EL SEGUNDO BOUNDARY District Station Number Engine Company Quint/ Truck Company Paramedic Rescue Squad Fire Rescue Boat Post Position Staffing Distance to Nearest City Boundary (Miles) 14 X (a) X 6 4.85 18 X (a) 4 1.73 21 X X 5 1.84 58 X X 6 4.38 110 X (b) X X 9 4.81 158 X X 5 4.94 159 X (b) 4 3.92 160 X 3 0.33 161 X X 5 1.15 162 X 4 3.12 170 X (`) X (°) 6 3.37 171 X X 5 3.36 172 X X 5 4.10 173 X X 5 4.52 14 12 4 8 1 72 TOTAL UNITS (a) Paramedic Unit (b) Paramedic Assessment Unit (`) Assessment Light Force 18 JL �) FEASIBILITYSTUDYFOR SERVICES TO THE CITYOFEL SEGUNDOBYTHE CONSOLIDATED FIRE PROTECTION DISTRICT OFLOSANGELES COUNTY In addition, the map below illustrates the resources that are currently assigned within five miles of the City's borders: Los Angeles County Fire Stations Within Five Miles of the City of EI Segundo y a4r 8L{";t A%� r m, �i .AVS_.FMA� EI2, AV - s 'BE UR IMP ` -f aLT y fail ll! .�Tii^� aE SEO Np {u .'.—`:1T 'BLVP, F'�IdANHftf N;BBAC tI "ART Dispatch and Communications Dispatching for Fire District units in the City would be provided from the Fire District's Fire Command and Control Facility located at 1320 North Eastern Avenue, Los Angeles. Fire communications specialists staff the facility, all of whom are Emergency Medical Dispatchers (EMDs). They are trained to provide lifesaving instructions over the phone while persons are waiting for the arrival of emergency units. If the City annexes to the Fire District, the "911" emergency reporting system would remain in effect. A direct computer link and a direct telephone (ring -down) line or "speed dial" system would be maintained between the South Bay Regional Public Communications Authority (Authority), which is the City's PSAP (public safety answering point) and the Fire District Fire Command and Control Facility. All Fire District emergency vehicles contain mobile data terminals (MDTs) and automatic vehicle locators (AVLs) for the most efficient communication and allocation of resources. Command and other appropriate units use cellular phones in addition to radios. 19 r-, FEASIBILITYSTUDYFOR SERVICES TO THE CITY OFEL SEGUNDO BY THE CONSOLIDATED FIRE PROTECTIONDISTRICT OF LOS ANGELES COUNTY Coordination between City and Fire District Recognizing that constant liaison is essential between the City and its fire department, the area Assistant Fire Chief, who is located at Fire Station 164 in the neighboring City of Hawthorne, along with his Community Service Representative, would maintain a day-to-day working relationship with the City Manager and, through her/him, the City Council. The Assistant Fire Chief would be responsible for representation at meetings called by the City Clerk, meetings of the City Council, and other City staff meetings where Fire District input is needed. The Assistant Fire Chief would act as the personal representative of the Fire Chief of the Fire District on all daily operations between the City and the Fire District. Emergency Preparedness Internal City emergency management, programs, and responsibilities would remain with the City. Public Education Community and school education programs are provided as a Fire District service by local fire stations, assisted by the regional Community Services Representatives. Fire Cause and Arson Investigation Fire cause determination services are provided by the Fire District. According to established policy, either the engine company officer, Battalion Chief or, if necessary, the Fire Investigation Unit conducts an initial investigation and establishes the cause of the fire. Should the cause be determined to be arson, the Fire District's arson investigation service would handle the investigation assisted by the City Police Department. Hazardous Materials Programs Were the City to annex to the Fire District, the Fire District could become the administering agency for the City for the Hazardous Release Response Plan Inventory Program and the Risk Management and Prevention Program. The Fire District would collect all program -related fees as the administering agency. Fire District fee structure, as required by law, is designed only to offset the costs of administering the program. It would be necessary for the City to take the appropriate action necessary to transfer the administrative responsibilities and make required notifications to the City's Certified Unified Program Agency (CUPA) and the California Office of Emergency Services. Should the City request to retain some aspects of the Hazardous Materials Health Programs, the Fire District would work with City staff to determine the best way to implement a dual run program for the EI Segundo, which would be formalized in the service agreement between the Fire District and the City. 20 _ FEASIBILITY STUDYFOR SER VICES TO THE CITY OF EL SEGUNDO BY THE CONSOLIDATED FIRE PROTECTIONDISTRICT OFLOSANGELES COUNTY Hydrants The Fire District would annually inspect all fire hydrants within the City to ensure that they are mechanically operable and capable of delivering water in accordance with standard Fire District policy. The Fire District would notify the City of EI Segundo Water Division, in writing, of any maintenance requirements as soon as possible after such inspections and at any other time the Fire District becomes aware of maintenance or repair requirements. The Fire District would maintain liaison with the City's Water Division for water needs during emergencies and routine functions. Additional District Services See Appendix D for additional details regarding services provided by the Fire District. 21 FEASIBILITI'STUDYFOR SERVICES TO THE CITYOFEL SEGUNDO BYTHE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY VII. TRANSITION FROM CITY TO DISTRICT City Personnel The California Health and Safety Code (Section 13861) and the California Government Code (Sections 53292 and 55632) provide the legal authority for the Fire District to furnish services to the City and to blanket in or appoint City Fire Department personnel to Fire District status. Ultimately, the blanketing in of personnel is subject to joint agreement between the City Council and the Board of Supervisors, the details of which would be specified in an agreement for services. Firefighting personnel with less than six months' service with the City at the time of transfer to the Fire District, as well as trainees, reserves, auxiliaries, cadets, and fire fighter apprentices, could not be brought in as Fire District employees. Positions and salaries of all personnel blanketed in to the Fire District would be specified in the agreement for services between the City and the Fire District. There would be no reduction in salaries of City fire fighters blanketed in as Fire District fire fighter series employees. Appointment of non -uniformed civilian or non -medically qualified fire fighters for non -safety positions is subject to Fire District needs and negotiation and would require a probationary term for any of these employees. All personnel would be subject to a medical examination, drug screening, and an appropriate personnel review prior to acceptance as Fire District employees. Those not qualifying would remain the obligation of the City. Personnel costs associated with annexation of the City to the Fire District including transfer of any sick and/or vacation time as discussed below, would be defined during the negotiation process. Benefit Time All employees blanketed into the Fire District would receive benefits now provided to Fire District personnel. All time spent in rank as City/Fire District employees would be considered for purposes of determining benefit accrual. Some of the prevailing benefits and conditions are vacation time, holidays, sick leave, retirement plan, and group insurance. So that no employee is transferred to the Fire District without any available benefit time, the City would be required to transfer to the Fire District for each employee, to the extent the employee is entitled to such benefit time in City employment, a maximum of 20 vacation days, or 10 shifts, whichever is applicable, and 12 sick days, or 6 shifts, whichever is applicable. City would reimburse the Fire District for transferred benefit time at City salary rates. All remaining benefit time, such as vacation days, holidays, sick leave, etc., accrued prior to the employee's transfer to the Fire District would remain as obligations of the City. All City employees would be subject to the Hospital Insurance Tax and any other applicable federal regulations. 22 46 FEASIBILITY STUDYFOR SER VICES TO THI; CITY OF EL SEGUNDO BY THE CONSOLIDATED FIRE PROTECTIONDISTRICT OFLOSANGELES COUNTY CalPERS/LACERA Retirement A sworn City employee transferring to the Fire District would become a LACERA member on the first day of the month following the transfer of service to the Fire District. CalPERS and LACERA retirement systems are reciprocal. A transferring City employee would leave his or her retirement contributions on deposit with CalPERS and establish reciprocity. The member's LACERA contribution rate would be based on his or her age upon entering the earliest reciprocal system. At the time of retirement, a reciprocal member would receive retirement benefits from both agencies based on the benefits of reciprocity, such as adding service credit under each system to determine eligibility to retire and using the highest earnings under either system to calculate benefits from both. Service with CalPERS or other reciprocal system is not used to determine the amount Los Angeles County contributes towards the members' retiree health insurance premiums. Probation Any City employee on probation on the commencement date of service by the Fire District would remain on probation until the Los Angeles County probation requirement for the respective rank is met. Promoted Positions Current policy of the Fire District is to accept only as many officers and other promoted personnel as there are positions created within the Fire District as a result of the City's annexing to the Fire District. The City would be required to designate the following number of promoted positions and the remaining firefighting members would be blanketed in as fire fighters: 9 Captains 10 Fire Fighter Specialists / Engineers All personnel designated for promoted positions must be duly qualified to hold those positions. Seniority The annexation of the City to the Fire District would create 37 additional Fire District sworn positions; therefore, 37 uniformed personnel with the highest City Fire Department seniority would receive seniority rights based on service time with the City Fire Department. The remaining transferring employees would be assigned a seniority date consistent with the effective date of transfer and placed on the Fire District's seniority list in order of their relative service time with the City Fire Department. As those transferring uniformed employees with full seniority status leave Fire District service, the other 23 FEASIBILITYSTUDYFOR SERVICES TO THL' CITYOFEL SEGUNDO BY THE CONSOLIDATED FIREPROTECTIONDISTRICT OF LOS ANGELES COUNTY transferring uniformed employees would be assimilated into full seniority status based on their total time in service as uniformed City/Fire District employees. Employees would be eligible for promotional examinations within the Fire District without regard to the normal six-month period applicable to new employees. All time spent in rank as City/Fire District employees would be considered for purposes of determining eligibility for promotional examination. City Equipment The City would transfer to the Fire District its interest, right, and title, which shall be free and clear, in specified pieces of vehicular equipment which would be necessary for the operation within the City by the Fire District. Major fire equipment or other equipment essential to the operation of the vehicles or stations would also be transferred. All vehicles and major equipment transferred would be specified in an agreement for services negotiated by the City and the Fire District. Expendable equipment, tools, fixtures, furnishings, supplies, and all items incidental to the operation of the Fire Department would also be transferred but not specified. This includes all items currently in possession or assigned to the City Fire Department unless specifically excluded. The method by which any vehicles leased by the City would be transferred would be addressed in an agreement for services. An agreement for services would also specify the disposition of the equipment and vehicles transferred in the event the agreement is terminated. City Fire Department Facilities If the City were to annex to the Fire District, the two existing City fire stations would be occupied by the Fire District. The Fire District would lease the City fire stations for $1 per year, per facility. For the first five years, fire station maintenance and minor repairs would be the responsibility of the Fire District to the extent of $25,000 per station for the first year, and would increase by 5% each year until the sixth year. All repairs in excess of the Fire District's annual share would remain the responsibility of the City. Beginning the sixth year, all fire station minor repairs and maintenance would be the responsibility of the Fire District, and major repairs would be the responsibility of the City. Landscape Maintenance All routine maintenance of the landscaping at City Fire Stations would be performed by Fire District fire station personnel. Fuel Tanks The Fire District would maintain and utilize the above -ground fuel pump located at Fire Station 2. Costs to refuel Fire Department vehicles are included in the overhead component of the proposed annual fee. The City would retain all responsibility for previously removed and existing underground fuel tanks, fuel pumps, piping, etc., located 24 FEASIBILITYSTUDYFOR SERVICES TO THE CITYOFEL SEGUNDO BY THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY at the City fire stations occupied by the Fire District, including but not limited to any leaks, soil contamination and/or necessary remediation as a result thereof. Site Assessments Prior to the commencement of services by the Fire District, the City would be required to have performed an Electromagnetic Field Survey, a Phase I Site Assessment and Building Asbestos Survey, and a Phase II Site Assessment, if subsequently required, for the two proposed Fire District -staffed City fire stations. The site assessments would be conducted by a Cal -OSHA registered environmental assessor who would determine if asbestos, fuel, lead paint, or other environmental contaminants or hazards are present. All site assessment reports would be reviewed by the Fire District and its environmental services consultants to determine if pertinent standards have been met or if further mitigation measures are required. The City would be required to mitigate and abate all environmental hazards and provide evidence to the Fire District that all recommended measures have been completed and that all applicable laws and requirements have been complied with. Any residual contaminations discovered any time after Fire District occupancy would be the responsibility of the City to abate. All costs relating to Phase I and II site assessments and hazard abatement/mitigation measures would be borne by the City. Withdrawal from the Fire District An annexation agreement entered into by the City and the Fire District would be for a minimum term of ten (10) years. Should the agreement be terminated by either party subsequent to the initial term, the distribution of assets would be determined as defined in the agreement. The Fire District would not be obligated to return to the City any item such as apparatus, vehicles, furnishings, equipment, tools, or other personal property for which a monetary or in-kind credit was given to the City. 25 i6� FEASIBILITYSTUDYFOR SERVICES TO THE CITYOF.EL SEGUNDO BY THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY VII. SUMMARY Annexation of the City of EI Segundo to the Fire District would result in the City becoming an integral part of an organization that provides quality service to 58 cities and the unincorporated areas of Los Angeles County through a regional fire protection system. Under this regional concept, fire stations are strategically located throughout the service area, ensuring the most efficient use of resources for response to alarms. The existing City fire stations would be occupied by the Fire District. Daily, on -duty staffing would total 12 in the City. A total of 72 daily, on -duty staff, located within five (5) miles of the City's boundaries, would also be immediately available for fire, hazardous materials, and medical emergencies within the City. Participation in the Fire District offers a means for the City to provide and maintain a very high level of emergency services. It also affords the Fire District enhanced paramedic and truck coverage to the unincorporated Del Aire community and may improve engine company response times. Had the City been a part of the Fire District for the entire fiscal year, the estimated 2010-11 Annual Fee would have been $10.1 million. The initial agreement term of any service agreement would be a minimum of ten (10) years. 26,:� FEASIBILITYSTUDYFOR SERVICES TO THE CITYOFEL SEGUNDO BY THE CONSOLIDATED FIRE PROTECTIONDISTRICT OFLOSANGELES COUNTY APPENDIX A GLOSSARY ALS Advanced Life Support including emergency care by a certified paramedic (EMT -P) ASSESSMENT ENGINES The staffing on a Paramedic Assessment Engine includes one fire fighter paramedic. In addition to the care that EMTs provide, an assessment engine can provide advanced EMS care such as: heart monitoring and interpretation of cardiac rhythms; manual defibrillation and synchronized cardioversion; IV therapy; and advanced pharmacology drug calculations and admin- istration. A paramedic squad is dispatched simulta- neously with an assessment engine to assist with patient care and follow up at a receiving hospital, if necessary. BLS Basic Life Support including emergency care provided by an Emergency Medical Technician (EMT -1) BOARD OF SUPERVISORS The Los Angeles County Board of Supervisors, Board of Directors of the Consolidated Fire Protection District of Los Angeles County. CaIPERS California Public Employees Retirement System CITY The City of EI Segundo CITY COUNCIL The City Council of the City of EI Segundo FIRE DISTRICT The Consolidated Fire Protection District of Los Angeles County, also commonly referred to as the Los Angeles County Fire Department EMS Emergency Medical Services EMT -1 Emergency Medical Technician 1 — personnel certified to perform basic life support and first aid. EMT -D Emergency Medical Technician D — personnel certified to perform basic life support, first aid, and to operate an automatic defibrillator. Currently, all engine and truck companies carry automatic external defibrillators and their personnel are certified at the Emergency Medical Technician -Defibrillator (EMT -D) level. 27 FEASIBILITYSTUDYFOR SERVICES TO THL- CITYOFEL SEGUNDO BY THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY LACERA Los Angeles County Employees Retirement Association LIGHT FORCE A Light Force is comprised of a pumper engine and a ladder truck, staffed with a total of six uniformed personnel, which respond together as a unit. PARAMEDIC ENGINES The staffing on Paramedic Engines includes two fire fighter paramedics and, in addition to the care that EMTs and assessment engines can provide, can calculate and administer controlled drugs. Paramedic engines also maintain a disaster cache with medical inventory for chemical and biological acts of terrorism. Paramedic engines perform patient follow-up, if necessary, to a receiving hospital. A paramedic squad is not dispatched with a paramedic engine. QUINT A fire service apparatus that serves the dual purpose of a truck and also functioning as a pumper, carrying a water tank. TRUCK A fire service apparatus designed with ladder capabilities and rescue tools such as the "jaws of life." WILDLAND URBAN Area where development and wildland fuels meet at a INTERFACE well defined boundary. 28 1 FEASIBILITYSTUDYFOR SERVICES TO THE CITYOFEL SEGUNDO BY THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY DESCRIPTION OF CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY The Consolidated Fire Protection District of Los Angeles County was established in 1949 and is a "special district" under California law. Pursuant to California Government Code Section 55632, the Board of Supervisors of Los Angeles County, as the governing body of the District, may contract with any other neighboring city, county or fire protection district for the furnishing of fire protection to such other agency. Population and Resources The Fire District serves approximately 4.14 million people in 58 cities and all of the unincorporated areas of Los Angeles County. The Fire District is a nationally recognized fire department that provides a variety of high-quality emergency and safety-related services. The Fire District operates 169 fire stations with 163 staffed engine companies; 32 ladder truck companies, which include 19 quints that have both pumper and ladder truck features; 5 light forces, which are comprised of both an engine and truck company that respond in tandem; 4 hazardous materials response squads; 2 urban search and rescue task forces; 3 staffed paramedic air squads (with the capability of staffing an additional 7 air squads); and 67 paramedic rescue squads. In addition, numerous support services and special pieces of equipment are utilized. Organizational Structure The Fire District's organizational structure is as follows: Fire Chief Executive Support Planning Division II Chief Deputy II Emergency Operations Technical Services Division Regional Operations Bureau )eouty Chief Risk Management Division Central East Regional Regional Operations Operations Bureau Bureau )eputy Chief Deputy Chief 29 Compliance Office Medical Director/ Employee Services Section II Chief Deputy Business Operations 11 Employee Relations DivisionI--�— Professional Performance Section Administrative I I PreventionI I Special Services Services Services Bureau Bureau Bureau Chief I I Deputy Chief I I Deputy Chief I-'EASIBILITYSTUDYFOR SERVICES TO THE CI7Y OFEL SEGUNDO BYTHE CONSOLIDATED FIRL PROTECTION DISTRICT OF LOS ANGELES COUNTY For efficient management, the Fire District is divided into six functional bureaus, each commanded by a Deputy Chief: • Central, East, and North Regional Operations Bureaus The firefighting, hazardous materials emergency response, and emergency medical forces of the Fire District are assigned into these three regional Operations Bureaus. These forces are divided into nine field divisions, each under the command of an Assistant Fire Chief. Each field division is composed of two to three battalions. Each battalion is supervised 24 hours per day by a Battalion Chief. Six to twelve fire stations make up a battalion. The Battalion Chief provides overall supervision and administrative control of the stations and is the first line of management responsible for dealing with union -represented employees. An on -duty Fire Captain is assigned to each engine and truck company. The Fire Captain supervises the station and is responsible for the fire prevention and suppression, emergency medical, and other emergency and routine services that are provided within the station's jurisdictional area. The City of EI Segundo would be included in the Central Regional Operations Bureau. The Deputy Fire Chief in command of the Central Regional Operations Bureau is located at Fire Station 171 in the City of Inglewood. The local Assistant Fire Chief is located at Fire Station 164 in the City of Hawthorne. Prevention Services Bureau Comprised of the Prevention, Health/Hazardous Materials, and Forestry Divisions. • Special Services Bureau Comprised of the Command and Control, Fire Fleet Services, Construction and Maintenance, and Information Management Divisions. Administrative Services Bureau Comprised of the Human Resources, Financial Management, Organizational Development, and Materials Management Divisions. 30 FEASIBILITYSTUDI'.FOR SERVICES TO THE CITI'OFEL SEGUNDOBYTHE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY APPENDIX C ADDITIONAL DISTRICT SERVICES Training The Fire District operates four regional training centers. A newly hired Fire District employee is given 17 weeks of intense training at the Fire District's training centers. Our training system is designed to ensure that only highly trained firefighting personnel are available for all emergency and non -emergency duties. In addition to basic firefighting skills, the recruit fire fighter is trained for medical emergencies and is certified as an EMT - 1 and EMT -D. For one year after graduation, the employee is on probation and is rated monthly on training progress. The probationary fire fighter receives daily drills and must pass a final examination before being approved for permanent employment. Ongoing training for all personnel is accomplished by mandatory, daily, two-hour drills. Personnel are continually introduced to new or improved emergency and non- emergency procedures. City firefighting personnel assimilated into the Fire District, if not already certified, would receive EMT -1 and EMT -D training and certification, and Class "B" commercial driver's training and licensing as required by the Department of Motor Vehicles. Those personnel would also receive various other orientations and training for their specific positions in the Fire District. Technical Expertise The District is a progressive leader in the fire service. It is comprised of many individuals and groups with specialized skills and equipment who provide a high degree of efficiency and cost-effectiveness for both routine and emergency functions. Although District urban search and rescue, hazardous materials squads and helicopter operations receive much publicity, the District's scope of expertise and specialization is wide and varied. A few examples follow: • Arson investigators are full-time professionals. • Specially trained members of the Joint Regional Intelligence Center (JRIC) Terrorism Early Warning Group (TEW) which is comprised of personnel from other agencies such as the Sheriff's Department, L. A. City Fire Department, L. A. City Police Department, Department of Health Services, FBI, the Rand Corp., and others. • Six OES/FEMA certified urban search and rescue dogs and one ATF certified arson dog. • Swift water rescue teams. 31 Y n FEASIBILITYSTUDYFOR SERVICE'S TO THE CITY OF EL SEGUNDO BY THE, CONSOLIDATED FIRE I'ROTECTIONDISTRICT OF LOS ANGELES COUNT' • Fire prevention staff are specialized and develop in-depth knowledge in particular areas. These areas include: Schools and Institutions — Conducts inspections of schools and institutional type buildings. Area Offices — Inspections include new construction, tenant improvement, large occupancies, public assemblies, some of the smaller projects and tenant improvement plan checks. Petroleum and Chemical Unit — Conducts inspections of refineries, large chemical plants, etc. Arson/Fire Investigation Unit — Conducts arson investigations and cause determination investigations. Engineering/Plan Check Section — Reviews all new construction/large tenant improvement plans for Fire Code requirements. Health/Hazardous Materials Division — Handles hazardous materials disclosure. • A full-time, professionally equipped video unit produces quality and effective audio and visual training materials. • Special committees provide procedures and training for railroad incidents, truck operations, wildland pre -attack, fire prevention and other specialized areas. • Experienced administrative paramedics or the District's Emergency Physician/Medical Director coordinate multi -casualty medical procedures. • A full-time, licensed breathing apparatus technician and experienced, trained assistants repair and maintain breathing apparatus. • Registered nurse/professional educators coordinate EMT training. • The Information Management Division, with approximately 49 skilled technicians, provides computer support to the field, administration, and the Command and Control Division (dispatching). • The District's 53 fire shop and field mechanics maintain the District's apparatus for maximum use and efficiency. • A state-of-the-art, computerized Command and Control Center dispatches and 32 ' FEASIBILITYSTUDYFOR SERVICES TO THE CITI'OFEL SEGUNDO BYTHE CONSOLIDATED FIRE PROTECTIONDISTRICT OF LOS ANGELES COUNTY manages the closest available resources on an incident. All first responder units are equipped with an automatic vehicle locator device (AVL) that sends real time data reflecting the location of each unit, unit type, and current rate of travel. Dispatching and command staff see exactly where resources are at any time so that units can be moved or repositioned, if necessary, to optimize the use of emergency first responders based upon their actual location. Following are examples of the District's specialized emergency apparatus and units: Urban Search and Rescue (USAR) Task Forces — Comprised of a USAR Squad and a USAR Engine, these two units combine to form a USAR Task Force that are specially trained to respond to technical rescues, collapsed structures, trench rescues, confined space rescues, swift water rescues, cliff rescues, major vehicle accidents with entrapment, and structure fires. Hazardous Materials Emergency Response Task Forces — Comprised of a Hazardous Materials Squad and Engine, these two units are staffed with firefighters who are specially trained to provide immediate response to hazardous chemical emergencies and collapse incidents and provide additional personnel for major emergencies. Water Tenders — Provide water if hydrants fail. Metropolitan Incident Resource Vehicle (MIRY) — A vehicle designed to convey supplies and equipment to support a multi -casualty mass decontamination operation. Tractors — Transport bulldozers and search and rescue trailers to incident sites. Rehabilitation and Food Trucks — Assist fire fighters working on incidents for extended times. Bulldozers — Dike off hazardous materials flows or flood waters, assist in rescue efforts, fire overhaul, and wildland firefighting. Light Units — Provide lighting and electricity for effective nighttime operations. Brush Patrol Trucks — Provide jurisdiction patrolling and immediate extinguishment of small fires in the urban interface areas. Foam Units — Provide special types of foam application for chemical and petroleum fires. These are separate from foam units carried on engine companies. Mobile Air Units — Provide on -scene refill of breathing apparatus to enable continuous firefighting operations. Mobile Command and Communication Centers — Allow on-site communication and 33 717 FEASIBILITYSTUDYFOR SERVICES TO THE CITI'OFEL SEGUNDO BY THE CONSOLIDATED FIRL' pROTECTIONDISTRICT OF LOS ANGELES COUNTY coordination of resources at major incidents such as floods, earthquakes, explosions, large industrial or life loss incidents. Helicopters — Provide paramedic treatment and transport in life-threatening situations as well as fire suppression water -dropping capabilities and air reconnaissance for major disasters. The District has 9 helicopters which includes 3 Firehawks with a water capacity of 1,000 gallons, and 6 Bell 412's. Emergency Support Teams (ESTs) — Strategically located two -person units provide first -alarm firefighting support to specific areas in the District to augment firefighting staffing. Deluge Units — Provide very large water streams for effective application and knockdown of large industrial fires. While the resources listed above are representative of the specialized capabilities of the District, application of these specialized resources in addition to the economy of scale the District enjoys leads to the high quality and wide variety of service the District offers the City. 34 �7 i. \ § ) ) / G }/ 0mmm*E`er»,20>r0:Ke:=,;,o „ we= &2®`l233lowwe=, - �;>/[§,p;,$)\)\/ ( (>>om 2) G)})(�(©A 289Rf44:01 > „ 2,! =>a{3%§zy d%m-Dorm/« ,%«\))2k(2*»z ; - %,5:m,`�®/!=§e , -m 2)§ M�-iw000mmz, »\k&z$\22) " `` )/(\22�)§�k , $`2 \\ _ (/)\ w:S®§d)r2 oz ZZ \\�\ \�� \�}_0 j ~) ) / cn 0 \ , ` to , �,Wo�,m o .§..;tSSb;ing6 .....»,..rr&..,; —004 wo Amm -0 ,,, ! > jQ \ �/ 2 }R ` \ / ) S § 5 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 7/09/10 THROUGH 7/22/10 Date Payee Amount Description 7/9/2010 Federal Reserve Bank 50.00 Employee Savings Bonds 7/9/2010 State of CA EFT 1,891.15 Child support payment 7/9/2010 Nationwide EFT 36,463.71 EFT 457 payment 7/9/2010 UB 4,341.17 PARS payment 7/9/2010 Manufacturers & Traders 33,076.00 457 payment Vantagepoint 7/12/2010 West Basin 1,623,417.28 H2O payment 7/14/2010 Cal Pers 95,477.73 Retirement 7/15/2010 Lane Donovan Golf Ptr 21,228.36 Payroll Transfer 7/16/2010 Cal Pers 221,828.38 Retirement 7/19/2010 Pitney Bowes 10,000.00 City Hall postage machine 7/20/2010 La Salle 43,725.00 ABAG 7/20/2010 Health Comp 2,513.91 Weekly claims 7/22/2010 Employment Development 4,807.70 State Taxes 7/22/2010 Employment Development 56,782.86 State Taxes 7/22/2010 IRS 254,984.39 Federal Taxes 7/9-7/22/10 Workers Comp Activity 14,733.03 SCRMA checks issued 2,425,320.67 DATE OF RATIFICATION: 8/03/10 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: roti Depdty City reasurer -112.1-1 io Date 722.1D Date Date 2,425,320.67 Information on actual expenditures is available in the City Treasurer's Office of the City of EI Segundo. P:\City Treasurer\Wire Transfers\2010\wire 2010 3rd Qtr\Wire Transfers 7-22.x1s 17 i REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 20, 2010 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor Busch at 5:00 p.m. ROLL CALL Mayor Busch - Present Mayor Pro Tem Fisher - Present Council Member Brann - Present Council Member Fuentes - 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. Mark Hensley City Attorney, announced that Council would be meeting in closed session pursuant to the items listed on the agenda, and that Government Code §54956.9(b) would only pertain to one item, DeQuan Hale, Claim No. 10-15. He also announced that Council would not be taking up the Government Code §54956.9(a) item, NSA Construction Group, Inc. vs. City of El Segundo, LASC Case No. BC438182. SPECIAL ORDER OF BUSINESS: 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 NSA Construction Group, Inc. vs. City of EI Segundo, LASC Case No. BC438182 — DELETED FROM AGENDA CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION MINUTES OF THE REGULAR CITY COUNCIL MEETING i h JULY 20, 2010 PAGE NO. 1 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. ONE ITEM DELETED FROM AGENDA APPOINTMENT AND PERFORMANCE EVALUATION OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -0- matter 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 and Bob Hyland CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -1- matters City Property: 2161 EI Segundo Boulevard, EI Segundo (Fire Station No. 2) City Negotiators: City Manager, Assistant City Manager Negotiating Party: Wiseburn School District Under Negotiation: Price and Terms (potential lease or sale) Council recessed at 6:50 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING 1 �� JULY 20, 2010 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 20, 2010 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Busch at 7:04 p.m. INVOCATION — Father Robert Victoria, St. Anthony's Catholic Church PLEDGE OF ALLEGIANCE — Mayor Pro Tem Bill Fisher PRESENTATIONS ROLL CALL Mayor Busch - Present Mayor Pro Tem Fisher - Present Council Member Brann - Present Council Member Fuentes - 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. Lauren Peters, Broadway in the Park, spoke on the upcoming Sound of Music production. Joe Harding, Hacienda Hotel, spoke against raising the Transient Occupancy Tax and suggested looking into a Parking Tax. Marissa Diaz, Hacienda Hotel, spoke against raising the Transient Occupancy Tax. Lieslie Evans, resident, spoke regarding the recent letter on the RSI Program. Heifa Fellen, 701 Hillcrest, spoke regarding the RSI Program and requested an explanation on how the Zones were established. Bob Eggers, 530 Sierra Place, spoke regarding the lack of funding for the RSI program. Char Franklin, Embassy Suites Hotel, spoke against raising the Transient Occupancy Tax. Also suggested looking into a Parking Tax. MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 20, 2010 1 PAGE NO. 3 Magda Khordoc, Director of Sales at the Embassy Suites, spoke against raising the Transient Occupancy Tax. Marsha Hansen, Executive Director, Chamber of Commerce, spoke regarding the Fire Ballot Initiative being circulated and suggested setting up a Task Force to come up with creative options for raising revenue. Jennifer Gardner, resident, spoke regarding the RSI program. George Hoops, resident, spoke regarding item 6, the Beach Cities Transit contract. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Council Member Brann, SECOND Mayor Pro Tem 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) C. UNFINISHED BUSINESS Continuation of Council's consideration to transition the EI Segundo Fire Department's ("ESFD") services to the Consolidated Fire Protection District of Los Angeles County (aka the Los Angeles County Fire Department), including possible action to direct staff to undertake further analysis of potential impacts including, without limitation, an analysis pursuant to Elections Code § 9212 regarding an initiative petition currently being circulated that would require, if adopted, that ESFD's services be performed by the County. Jack Wayt, City Manager, gave a report and stated that the proposal was due back from Los Angels County on Friday and that it would be posted on the City's website by Monday, July 26. Item continued to next City Council meeting. D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 2. Consideration and possible action to announce the appointee to the Environmental Committee. (Fiscal Impact: None) Mayor Busch announced the appointment of Karl Bruskotter to the Environmental Committee for a partial term to expire 6/30/12. E. CONSENT AGENDA MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 20, 2010 179 7(� / PAGE NO. 4 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 2578025 to 2578241 on Register No. 19 in the total amount of $1,204,669.88 and Wire Transfers from 6/25/10 through 7/08/10 in the total amount of $918,561.99 . Authorized staff to release. Ratifed: 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 July 6, 2010. 5. Approved Final Tract Map No. 70424, a 12 -unit commercial and industrial condominium property located at 215 - 237 California Street. (Fiscal Impact: None) Authorized the City Engineer and City Clerk to sign and record said Map. 6. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON 7. Accepted the work as complete for the annual contract for curb, gutter, handicap access ramps, sidewalk and other minor improvements at various locations citywide. Approved Capital Improvement Project. Project No. PW 09-08. CDBG Project No. 601209-09 (Fiscal Impact: $232,773.75) Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office. 8. Approved Change Order No. 1 in the amount of $840. Accepted the work as complete for the pavement rehabilitation of Mariposa Avenue from Sepulveda Boulevard to Nash Street. Project No.: PW 09-01, Federal Project No.: LAES 681 (Fiscal Impact: $210,341.65) Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office. 9. Adopted Plans and Specifications for rehabilitation of Grand Avenue from Sepulveda Boulevard to Duley Road. Approved Capital Improvement Project. Project No.: PW10-03 (Fiscal Impact: $350,000) Authorized staff to advertise the project for receipt of construction bids. 10. PULLED FOR DISCSSION BY COUNCIL MEMBER JACOBSON 11. Received and filed report regarding an Alcoholic Beverage Control (ABC) license that was approved for on-site sale and off-site consumption of alcohol at Village Wine and Cigar Shop located at 601 Virginia Street. Applicant: Abdo Diab Barakat (Fiscal Impact: N/A) 12. Adopted Plans and Specifications for Recreation Park Phase III Field Lighting Project. Project No.: PW10-07 (Fiscal Impact: $239,000). Authorized staff to advertise the project for receipt of construction bids. MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 20, 2010 PAGE NO. 5 13. Approved amendment to Agreement No. 3500 with CBS Outdoor, Inc. to provide, install, maintain and repair bus benches and bus shelters with or without advertising at various bus stop locations throughout the City. (Fiscal Impact: $56,000 Projected Income) Authorized the City Manager to execute an amendment with CBS Outdoor, Inc. for an additional five (5) years. 14. Accepted the work as complete for the Seismic Strengthening of the 3.1 MG Water Reservoir Project. Project No. PW 09-13. (Fiscal Impact: $738,944) Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office. 15. Approved the revised Class Specification for the classification of Management Analyst (Payroll) and approved the examination plan for Management Analyst (Payroll). Fiscal Impact: None. MOTION by Mayor Pro Tem Fisher, SECONDED BY Council Member Brann to approve Consent Agenda Items 3, 4, 5, 7, 8, 9, 11, 12, 13, 14, and 15. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 6. Consideration and possible action regarding to approve a cost sharing Agreement with Beach Cities Transit for operation of Transit Line 109 for FY 2010-11 through FY 2011-12; in conjunction with the cities of Hermosa Beach, Redondo Beach and Manhattan Beach. (Fiscal Impact: $ 66,289 for FY 2010-11 Proposition C funds; $114,025 for FY 2011-12) Authorized the City Manager to execute the two-year cost sharing agreement, in a form acceptable to the City Attorney. Joyce Rooney, Beach Cities Transit, responded to Council questions. MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tem Fisher to approve a cost sharing Agreement No. 4081with Beach Cities Transit for operation of Transit Line 109 for FY 2010-11; in conjunction with the cities of Hermosa Beach, Redondo Beach and Manhattan Beach. (Fiscal Impact: $ 66,289 for FY 2010-11 Proposition C funds) Authorized the City Manager to execute the one-year cost sharing agreement, in a form acceptable to the City Attorney. 10. Consideration and possible action to waived second reading and adopt Ordinance No. 1444 approving Environmental Assessment EA 755 and Zone Text Amendment ZTA 07-02 to amend the EI Segundo Municipal Code ("ESMC") off-street parking and loading regulations. (Fiscal Impact: N/A) Council Member Jacobson requested the Ordinance be amended so that the maximum garage size standard for single family homes would not apply to subterranean and semi -subterranean garages. MINUTES OF THE REGULAR CITY COUNCIL ME2010NG v PAGE NO. 6 Mayor Busch reintroduced Ordinance No reading and adoption for August 3, 2010. F. NEW BUSINESS 1444 as amended and schedule second 16. Report on the status of funding from the Federal Aviation Administration (FAA) and Los Angeles World Airports (LAWA) for future Residential Sound Insulation (RSI) treatment. (Fiscal Impact: None) Greg Carpenter, Director of Planning and Building Safety, gave a report and responded to Council questions. Council consensus to receive and file report. 17. Receive and file a report on the installation and maintenance and operation of photovoltaic electric generators on the roofs of City facilities. (Fiscal Impact: None) Stephanie Katsouleas, Public Works Director, gave a report. Council consensus to receive and file report. G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — Stated that in Closed Session the City Council unanimously voted to reject Claim No. 10-15, Dequan Hale, and instructed that legal counsel defend against the claim. REPORTS — CITY CLERK — NONE J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member Fuentes — spoke regarding the upcoming production of "Broadway in the Park" and noted that this was the 41St anniversary of Neil Armstrong landing on the Moon. Council Member Brann — Spoke regarding recent interview on "Spotlight on EI Segundo." Also spoke on recent City/School Task Force meeting and Broadway in the Park. 18. Consideration and possible action to review and discuss the City's reserve fund policies to improve the utilization of reserves for municipal budgetary and operational purposes. (Fiscal Impact: None) Council consensus to receive and file report. MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 20, 2010 PAGE NO. 7 19. Consideration and possible action to direct staff to prepare documents necessary for final Council action at the August 3, 2010 Council Meeting to place a ballot measure on the November election seeking voter approval to increase the City's transient occupancy tax ("TOT") and/or utility user tax ("UUT). (Fiscal Impact: unknown/depend on proposed amount of increase) MOTION by Mayor Busch, Seconded by Council Member Brann to direct staff to prepare documents necessary to place a ballot measure on the November 2010 election seeking voter approval to increase the City's TOT and UUT. MOTION PASSED BY THE FOLLOWING VOICE VOTE: MAYOR BUSCH, MAYOR PRO TEM FISHER, COUNCI MEMBERS JACOBSON AND FUENTES; NOES: COUNCIL MEMBER JACOBSON. 4/1 Council Member Jacobson — Spoke regarding the upcoming Broadway in the Park production. Mayor Pro Tem Fisher — NONE Mayor Busch — Reported on the City/School Affairs Committee meeting and upcoming improvements to the High School athletic fields and auditorium. 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. Scott Gobel, Southern California Edison, spoke regarding the "smart meters" being installed in the City. Michelle Lawson, 414 W. Oak, spoke regarding the RSI program. Marcella Lowe, Public Affairs Gas Company, spoke regarding the proposed UUT increases. Jim Lasky, 1524 E. Palm Avenue, spoke regarding the movement of the LAX South runway closer to El Segundo and impact on establishing RSI Zones. MEMORIALS — Tammy Tagami — Reeves. CLOSED SESSION — NONE MINUTES OF THE REGULAR CITY COUNCIL MEETINGQ JULY 20, 2010 v PAGE NO. 8 ADJOURNMENT at 9:40 p.m. Cathy Domann Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 20, 2010 PAGE NO. 9 EL SEGUNDO CITY COUNCIL MEETING DATE: August 3, 2010 AGENDA STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action to approve and sign an Agreement with the City of Hawthorne to implement and maintain server -based Records Management System and related software applications developed by Tiburon Inc. (Fiscal Impact: One time costs not to exceed $235,000 from the already approved one- time start up cost of $517,500.00; $90,000 for annual contractual maintenance costs). RECOMMENDED COUNCIL ACTION: 1. Authorize City Manager to execute an Agreement with the City of Hawthorne to implement and maintain server -based Records Management System and related software applications; 2. Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Proposed Agreement between City of El Segundo and City of Hawthorne FISCAL IMPACT: Amount Budgeted: $2,337,050 Additional Appropriation: N/A Account Number(s): 001- 400-3107-* ORIGINATED BY: Brian Evanski, Lieutenan. REVIEWED BY: Kevin Smith, Fire Chief an itch Tavera, Chief of Po1i"'� ___� ` APPROVED BY: Jack Wayt, City Manager BACKGROUND AND DISCUSSION: On April 6, 2010, the City Manager received authority from Council to enter into an Agreement with South Bay Regional Public Communications Authority (SBRPCA aka "RCC") to provide public safety dispatching services. The agreement between the City of El Segundo and the RCC was approved for an initial ten (10) year term with automatic renewal and extension options. Since that time, transition to the RCC has been ongoing. As part of the transition, El Segundo must implement the Tiburon software systems currently utilized by the RCC and the member agencies. As with the other member agencies including Gardena, Manhattan Beach, Hermosa Beach, El Camino College, Inglewood, and Palos Verdes, Tiburon has licensed the software to Hawthorne, and Tiburon has agreed to permit the sublicensing of the Tiburon systems by Hawthorne to El Segundo. The Tiburon systems will include licensing for Computer Aided Dispatching Workstations, Records Management System Workstations including Case Management, Mobile Reports Workstations, Mobile Data System Workstations, Correction Management System Workstations; and interfaces to Crime View Database, Evidence On Q (Evidence Bar Code System), Questys (Document Imaging System), and the existing Firehouse Records Management System. As part of this agreement, the City of Hawthorne will provide services with respect to the implementation and maintenance of hardware and software to support the use of Tiburon systems by El Segundo. Additionally, Hawthorne will provide training and technical support, as well as perform regular data and system backups on those servers under Hawthorne's control. This agreement between the cities of El Segundo and Hawthorne will be for an initial five (5) year term with an option for renewal. Total fees for the first year will be at a cost of $325,000 and will include the software license and interface fees, and the initial year maintenance costs. As directed by Council on April 6t', 2010, these costs would be funded from the equipment replacement budget. Additionally, annual maintenance fees of ninety (90) thousand dollars were approved by the City Council and will be included in the police budget. On July 27, 2010, the Hawthorne City Council approved this contract and authorized their City Manager to execute the agreement between the City of Hawthorne and the City of El Segundo. It is recommended City Council grant authority to the El Segundo City Manager to execute this Agreement with the City of Hawthorne. 2 -�� SOFTWARE SYSTEM MANAGEMENT AND SUBLICENSING AGREEMENT BETWEEN THE CITY OF HAWTHORNE AND THE CITY OF EL SEGUNDO This Agreement is made and entered into as of the day of , 2010, by and between the CITY OF EL SEGUNDO, a California municipal corporation (hereinafter "El Segundo'), and the CITY OF HAWTHORNE, a municipal corporation (hereinafter "Hawthorne"). RECITALS WHEREAS, El Segundo has determined a need and expressed its desire to utilize the Computer Aided Dispatch ("CAD"), Records Management ("RMS") and certain other public safety systems developed by Tiburon Inc. ("Tiburon"), as implemented and maintained by Hawthorne (the "Tiburon Systems"); and, WHEREAS, Hawthorne has developed certain expertise and experience in setting up, implementing and managing the Tiburon Systems; and WHEREAS, EI Segundo has determined a need and expressed its desire to implement and use the Tiburon Systems at certain designated locations without the responsibility for day-to- day central computer system management and Hawthorne has the available central computer system capacity, implementation and system management skills and ability to implement such a system and to provide on-going support and maintenance. WHEREAS, Tiburon has licensed to Hawthorne the software and other intellectual property comprising the Tiburon Systems, provides certain services with respect to the maintenance and support of the Tiburon Systems, and has agreed to permit the sublicensing of the Tiburon Systems by Hawthorne to El Segundo and to perform certain services in connection therewith as set forth in Exhibit C attached hereto (the "Tiburon Enhancement Proposal"); and WHEREAS, Hawthorne is willing to sublicense the Tiburon Systems to El Segundo under the terms set forth herein and to perform certain designated services as set forth herein in connection therewith; and WHEREAS, it has been determined that this Agreement is in the best interests of both El Segundo and Hawthorne; NOW, THEREFORE, in consideration of the mutual promises contained herein, El Segundo and Hawthorne agree as follows: f AGREEMENT DOCUMENTS The documents forming the entire Agreement between El Segundo and Hawthorne shall consist of this Agreement including: EXHIBIT A - Scope of Services EXHIBIT B - Payment Schedule and Consulting Service Fee Schedule EXHIBIT C - Tiburon Enhancement Proposal EXHIBIT D — Tiburon License Agreement EXHIBIT E — El Segundo Designated Facilities EXHIBIT F — EI Segundo Client Workstations and Other Hardware In the event any discrepancies or inconsistencies between the provisions of this Agreement and any of the above -referenced documents arise, the provisions of this Agreement will prevail. This Agreement and the Exhibits set forth above, contain all of the agreements, representations and understandings of the parties hereto, and supersede and replace any previous understandings, commitments or agreements, whether oral or written. 2. TERM - Deleted: 2003 The term of the Agreement shall be for an initial 5 year period from June X010 through 1 Deleted: 2008 May 2015; provided however that if the license of the Tiburon Systems to Hawthorne shall first terminate, this Agreement shall terminate concurrently therewith. El Segundo shall have the option to renew the term of this Agreement for an additional five (5) year term, provided that it notifies Hawthorne in writing of its intent to exercise such option not later than 45 days, nor more than 120 days, before the scheduled termination of this Agreement, and Hawthorne does not notify El Segundo at least 30 days prior to the scheduled termination of this Agreement of Hawthorne's nonacceptance of El Segundo's exercise of such option. It is hereby agreed that this Agreement shall remain in full force and effect absent termination pursuant to the terms and 188 conditions set forth below. Charges will be prorated for any portion of a month that services or equipment is in place should such cancellation occur. 3. SCOPE OF SERVICES Pursuant to, and as further set forth in, the Scope of Services, which is attached as EXHIBIT A hereto and incorporated as though fully set forth herein, Hawthorne agrees to maintain the computer servers upon which the server -based applications of the Tiburon Systems currently run, to maintain the server -based applications of the Tiburon Systems, to provide access to such Tiburon Systems to El Segundo, and to install the client -based applications of the Tiburon Systems on the Hardware (defined below) to be used over the Communications Equipment (defined below) and to otherwise perform the services set forth in such Scope of Services. Hawthorne acknowledges that maximum availability to the server applications of the Tiburon Systems is necessary for EI Segundo to meet El Segundo's public safety demands, but EI Segundo agrees that Hawthorne shall not be responsible for unscheduled computer network outages attributable to causes beyond Hawthorne's reasonable control, any failures, outages or downtime of the Communications Equipment or Hardware, failures of other communications equipment, failures or downtime of the Tiburon Systems software, power outages, or El Segundo's or any of its user's failure to properly, adequately and competently use the Tiburon Systems. Hawthorne shall afford comparable priority to the processing needs of El Segundo vis a vis the server based Tiburon Systems as shall be provided to other public safety agencies, and shall undertake reasonable efforts to maximize computer network availability for such processing for El Segundo consistent with the demands upon the Tiburon System for other public safety agencies. 4. EL SEGUNDO HARDWARE AND COMMUNICATIONS EQUIPMENT 18 j All computer workstations, local area networking equipment and all other hardware (the "Hardware") and the configuration of the Hardware (all as specified in EXHIBIT F hereto), which are necessary for the use and implementation of the client-based Tiburon Systems which are to be located at those facilities of El Segundo designated on EXHIBIT E attached hereto (the "Designated Facilities"), shall be acquired and maintained by EI Segundo at its sole cost and expense, and shall in all respects otherwise be and remain the sole responsibility of El Segundo. Further, El Segundo shall at its sole cost and expense obtain from, and have installed by, its telephone carrier a T-1 communications line and all networking equipment necessary to support the Tiburon Systems at the Designated Locations configured to connect with the Tiburon Systems server applications as currently maintained by Hawthorne, and at its option shall at its further sole cost and expense obtain from, and have installed by, its telephone carrier an ISDN line to be used as a backup in the event of any failure or downtime of such T-1 line, (together the T-1, networking equipment and optional ISDN line are together referred to as the "Communications Equipment"). El Segundo shall insure that all of the Hardware, the Communications Equipment and their configurations shall be in place and operational on or before the date specified in EXHIBIT B attached hereto as a condition to the further services of Hawthorne. Hawthorne shall make available to EI Segundo a link to JDIC/CLETS through the Tiburon Systems; it is understood, however, that El Segundo shall also maintain its own connection to JDIC/CLETS via the Sheriff Data Network, which connection is not supported by the Tiburon Systems and for which Hawthorne shall have no responsibility. Further, it shall be the responsibility of El Segundo to acquire and install, at El Segundo`s sole cost and expense, the Crystal Reports software to the extent such software is determined necessary by Hawthorne for the proper or optimal functioning of the Tiburon Systems or as determined desirable by El Segundo. 5. DUTY OF CARE. Hawthorne agrees to employ due care and attention discharging its obligations hereunder. El Segundo acknowledges that computer processing entails the likelihood of certain human and machine errors, omissions, delays, and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage. The operation of the client -based applications of the Tiburon Systems and the use by El Segundo of the software and services identified in this Agreement are the sole responsibility of El Segundo. Hawthorne's sole undertaking is limited to providing the software and services outlined herein in accordance with the terms and conditions of this Agreement. The provision of the software and services performed by Hawthorne to EI Segundo shall not be interpreted, construed, or regarded, either expressly or implied, as being for the benefit of or creating any obligation toward any third party or legal entity other than EI Segundo and Hawthorne's obligations under this Agreement extend solely to EI Segundo and not to any resident of EI Segundo or any other individual, corporation or other person. EI Segundo is responsible for adopting reasonable measures to limit El Segundo`s exposure with respect to potential losses and damages, including (without limitation) examination and confirmation of results prior to use thereof and provision for identification and correction of errors and omissions. El Segundo agrees that Hawthorne shall not be responsible for, and shall be released from, any and all liability or responsibility for any damages, direct or consequential, which may arise from, or occur as result of, El Segundo's use of the Tiburon Systems, any failure or inoperability of the Tiburon Systems (or any component thereof) or any services rendered by Hawthorne. Hawthorne shall not be liable under any circumstance for any lost profits, lost savings, or any other consequential damage that may arise from any use by El Segundo of the Tiburon Systems or the failure or inoperability of the Tiburon Systems (or any component thereof). Hawthorne shall bear no liability if the Tiburon Systems (or any component thereof) or the services rendered by Hawthorne hereunder do not meet any particular purpose for which El Segundo may use the Tiburon Systems. El Sequndo shall indemnify, defend and hold Hawthorne harmless from and against all losses, damages, claims, expenses, and attorneys' fees that may be sustained or asserted against Hawthorne arising from or connected with El Segundo's use of the Tiburon Systems or from the failure or inoperability of the Tiburon Systems (or any component thereof) or resulting from any breach by El Sequndo of any provision of this Agreement, except for any loss, damage, claim, expense or attorney's fees resulting solely from the gross negligence of Hawthorne. 6. SUBLICENSE Hawthorne agrees to sublicense to EI Segundo the right to use the Tiburon Systems software currently licensed to Hawthorne. EI Segundo shall be responsible for acquiring appropriate rights to all other software necessary to run the Tiburon Systems by El Segundo at the Designated Locations or any other location under its control, including without limitation the Crystal Reports software. All rights of El Segundo to use the Tiburon Systems software shall in all respects be subject to and governed by the Tiburon License Agreement between Tiburon and Hawthorne attached as EXHIBIT D hereto, except as modified by the Tiburon Enhancement Proposal attached as EXHIBIT C hereto. El Segundo acknowledges that it has read the terms of 192 the Tiburon License Agreement and agrees to comply with the terms and conditions of such Deleted. Tiburon License Agreement, and further agrees that neither it, nor any employee, agent or any other person under the control of EI Segundo, shall take any act, or permit any omission, that would cause a termination of the Tiburon License Agreement. Further, EI Segundo's right to use the Tiburon Systems software may not be transferred, leased, assigned, or sublicensed without Hawthorne's and Tiburon's prior written consent. This sublicense extends only to the Tiburon Systems software which is the intellectual property of Tiburon, or which Tiburon has the right to sublicense and has consented to this sublicense to EI Segundo. Hawthorne makes no representation or warranty that the Tiburon Systems software, or any of the software used in connection with the Tiburon Systems, is not infringing on the copyright, patent, trademark, trade secret or other intellectual property or proprietary rights of any third person, and shall not be responsible for any such infringement and merely passes through to El Segundo any warranty rights that it may have vis a vis Tiburon or any other third person with respect to any rights it may have under its warranties from Tiburon and any other third party in the event of any assertion of infringement. 7. OWNERSHIP OF SYSTEMS, MATERIALS AND DATABASE All systems, programs, operating instructions, and other documentation prepared by Hawthorne, or which are otherwise now those of Hawthorne, shall be and remain the property of Hawthorne. All data and source documents provided by EI Segundo and all output shall be, and remain, El Segundo's property. Upon termination of this Agreement, all of El Segundo's information retained by Hawthorne's custom database files shall be made available to EI Segundo on computer readable media, of a type suitable for use on the specified equipment, and Hawthorne shall return to El Segundo all documents and written records of transactions belonging to EI Segundo. Costs to cover such final servicing and handling of materials and custom database files are deemed to be included in the processing establishment fee. 8. SCHEDULE OF PERFORMANCE AND PAYMENT Hawthorne shall perform the Services and El Segundo shall make payment according to the terms and provisions of the Payment Schedule (EXHIBIT B). Further, El Segundo shall, at or before the times provided for, either pay directly to Hawthorne, or to Tiburon for the account of Hawthorne or the South Bay Regional Public Communications Authority (the "RCC"), all amounts stated as payable by Hawthorne or the RCC, whether for licensing, sublicensing, maintenance, service or support, all as provided for or contemplated under the Tiburon Enhancement Proposal and, in the event that Hawthorne shall be responsible for the payment of any other royalties, license fees or other amounts as a result of the sublicensing to El Segundo of the Tiburon Systems, any associated or imbedded software, or any maintenance, service or support to be provided other than by Hawthorne hereunder, El Segundo shall promptly upon demand by Hawthorne pay all such amounts. P. TRAINING. Deleted: ----- Page Break-- 4.94 El Segundo shall select personnel suitable to operate and use the Tiburon Systems and confirm that such personnel demonstrate the competence necessary to manage and operate the Tiburon Systems. As part of Hawthorne's services hereunder, Hawthorne shall, to the extent provided for in EXHIBIT A attached hereto, at time to time upon EI Segundo's request, provide El Segundo's personnel with training and instruction concerning the operation and use of the Tiburon System by conducting a training session(s) at a mutually convenient time at El Segundo's facility or, if in operation at the time, at the Hawthorne training facility. 10. AUDITS AND GOVERNMENT EXAMINATION. Hawthorne agrees to permit auditors or consultants retained by El Segundo to audit or review the procedures for handling and processing of data hereunder upon reasonable notice and compliance with Hawthorne's security procedures. The parties also acknowledge that certain federal and state agencies may require access to facilities of Hawthorne to audit the performance of the services by Hawthorne for El Segundo under this Agreement, and Hawthorne will cooperate with respect to all such governmental audits. 11. EL SEGUNDO RESPONSIBILITIES. El Segundo's responsibilities shall include the following: a. El Segundo, at its sole cost and expense and prior to delivery and installation of the Tiburon Systems at El Segundo's Designated Locations, shall prepare the Hardware, Communications Equipment and installation sites in an appropriate manner and shall cause the Hardware, Communications Equipment and installation sites installation sites to conform to any utility and communication interface specifications that Hawthorne or Tiburon may require. b. El Segundo shall promptly inspect and test the Tiburon Systems upon delivery by Hawthorne of a certificate of completion of installation and shall notify Hawthorne within 10 °i95 days after receipt of such certificate if Hawthorne determines any defect or failure of functionality of the Tiburon Systems as installed. C. EI Segundo shall provide Hawthorne personnel with the workspace necessary for the proper execution of its service obligations as necessary and required by Hawthorne. d. El Segundo will be solely responsible for maintaining the Hardware, the Communications Equipment, and all other hardware equipment as necessary to operate efficiently and to industry standards. e. El Segundo will make available network access time for the testing and maintenance of software as necessary and required by Hawthorne. 12. TERMINATION In addition to termination of this Agreement as a result of the termination of the license of the Tiburon Systems to Hawthorne as provided above, each party hereto shall have the right to Deleted: one hundred twenty (120) terminate this Agreement, without cause, by giving not less than sixty (60) days written notice of termination. In the event of termination, Hawthorne shall deliver to EI Segundo copies of all reports, documents, and other work generated for or with respect to El Segundo under this Agreement. Further, in the event of termination, El Segundo shall pay Hawthorne for services performed and reimbursable expenses incurred or contracted for prior to and through the date of termination. 13. MAINTENANCE The terms of maintenance of the System shall be as set forth in the scope of work. Deleted: -------Page Break ------- 14. TAXES. El Segundo shall promptly report and pay all applicable federal, state, and local taxes designated, levied, or based (1) upon the any consideration payable or paid by EI Segundo hereunder; (2) on account of this Agreement; or (3) with respect to use by El Segundo of the Tiburon Systems or any associated software, or the installation thereof at the Designated Locations. El Segundo shall indemnify and hold harmless Hawthorne from all claims and liability resulting from El Segundo failure to report or pay such amounts. 15. DISCLAIMER OF WARRANTIES. EL SEGUNDO UNDERSTANDS AND AGREES THAT NO WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF NON -INFRINGEMENT, SHALL APPLY TO THE SOFTWARE UNDER THIS AGREEMENT, WHICH IS FOR INSTALLATION, TRAINING, MAINTENANCE AND SUPPORT ONLY, EXCEPT AS ANY SUCH WARRANTY SHALL COME FROM TIBURON OR ANY ORIGINAL LICENSOR OF SUCH SOFTWARE. ALL IMPLIED WARRANTIES ARE HEREBY AND EXPRESSLY DISCLAIMED. Hawthorne's sole obligation for breach of this Agreement is limited to redoing any work previously done by Hawthorne which Hawthorne reasonably believes may remedy the problem experienced by El Segundo at Hawthorne's own expense, which shall be EI Segundo's sole and exclusive remedy. Any such redo of work is conditioned upon the software not having been altered or repaired by any individual other than Hawthorne employees or agents, and Hawthorne shall not be responsible for any defects resulting from the mishandling, abuse, misuse, improper storage or improper operation, including use in conjunction with equipment which is electrically or mechanically incompatible with or of inferior quality to the Hardware specified in Exhibit F, as well as failure to maintain the equipment as specified by Tiburon. 16. SECURITY AND PRIVACY. Hawthorne agrees that to the extent allowed by law, none of its officers or employees shall use or reveal any research or statistical information furnished by any person and identifiable to any specific private person for any purpose other than the purpose for which it was obtained. Copies of such information shall not without the prior written consent of the person furnishing such information, be admitted as evidence or used for any purpose in any action, suit or other judicial or administrative proceedings, unless ordered by a court of competent jurisdiction. EL SEGUNDO shall be notified immediately upon receipt of any such order of court, pertaining to production of such information. El Segundo recognizes that as users of the Hawthorne systems their personnel will have access to confidential criminal records, Department of Motor Vehicle Records, and other criminal justice information via cooperative local agencies' databases and JDIC/CLETS/NCIC. El Segundo further recognizes that all access to information through the use of Hawthorne systems is for law enforcement use only and is based on the "need to know" and the "right to know" and that misuse of such information may adversely affect an individual's civil rights and violates the law and/or CLETS Policy. El Segundo agrees to enforce use of Hawthorne systems with respect to CLETS Policy and Procedure and all applicable State and Federal Laws. 17. CHANGES TO FILES AND/OR HARDWARE CONFIGURATION. Any changes to files and/or hardware which may affect software performance, including but not limited to changes to existing or specified hardware configurations, network configurations, terminal and printer characteristics or modems without the prior written consent of Hawthorne shall, at Hawthorne's election, void this Agreement. Hawthorne may, at its option, provide requested support with respect to any such reconfigured systems on a time and material basis only apart from any other amounts owing from El Segundo hereunder. 98 18. CONFIDENTIAL TREATMENT OF INFORMATION. Hawthorne shall maintain in confidence, and shall not disclose to any third party, unless directed to do so in writing by El Segundo, or designee, all data and materials furnished by El Segundo, and Hawthorne agrees that such information shall not be used by Hawthorne for any purposes other than those necessary for the provision of services pursuant to this Agreement. Hawthorne's obligation under this Paragraph is limited to diligent compliance with the same methods and procedures that Hawthorne uses to protect its own confidential information from disclosure. Hawthorne further agrees to restrict access to any database or other information created for the output of information from EI Segundo. Hawthorne shall furnish El Segundo with a description of such restrictions upon El Segundo's request, BUT EL SEGUNDO ACKNOWLEDGES THAT ACCESS RESTRICTIONS, BY THEIR NATURE, ARE CAPABLE OF BYPASS AND HAWTHORNE pOES NOT AND CANNOT GUARANTEE THAT SUCH OUTPUT CANNOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH RESTRICTIONS. JEl ✓Segundo further acknowledges that all information will be available to other participating local agencies for the purpose of law enforcement activities including the South Bay Regional Public Communications Authority. 19. ASSIGNABILITY Subject to El Segundo's right to consent, which shall not be unreasonably withheld, the rights and obligations of Hawthorne under this Agreement may be assigned to another agency, person or entity which Hawthorne reasonably has sufficient expertise and experience to discharge Hawthorne's obligations hereunder. Due to the limited nature and scope of the licenses Hawthorne holds with respect to the Tiburon Systems and associated software and its limited rights to sublicense, El Segundo may not assign its rights or obligations under this Deleted: Deleted: EL Deleted: SEGUNDO j�� Agreement without the prior written consent of both Hawthorn and Tiburon. Any purported transfer without such prior written consent shall be void. 20. NO AGENCY AND INDEPENDENT CONTRACTOR. The parties hereto agree that Hawthorne and its employees, officers, and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of El Segundo. Hawthorne, its employees and its agents shall neither hold themselves out as nor claim to be officers, agents or employees of El Segundo for any reason or purpose. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture, partnership or joint powers authority between any of the parties hereto. No party is by virtue of the Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other, and their status is, and at all times will continue to be that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any other. No party shall hold itself out as having any authority or relationship in contravention of this Paragraph. 21. SUBCONTRACTORS Hawthorne may use such subcontractors as it may determine appropriate in order to provide the services hereunder. Hawthorne shall nevertheless ensure that any subcontractor of Hawthorne shall comply with this Agreement. -- - - - - Deleted: ---- Page Break------ �2. SEVERABILITY Should any provision of this Agreement contravene any law or valid regulation of any regulatory agency or self-regulatory body having jurisdiction over either party hereto, or should any provision otherwise be held invalid or unenforceable by a court or other body of competent jurisdiction, then each such provision shall be automatically terminated and performance by both 200 parties waived; provided, however, that should such provision reasonably be considered by either parties to be an essential element of this Agreement, and the parties be unable to agree upon the terms of an alternative provision within ninety (90) days following the contravening provision's termination, then this Agreement may be terminated in its entirety at the option of either party, which termination shall be effective upon the giving of notice thereof to the other party. 23. WAIVER The parties hereto each agree that any waiver by the other party of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. 24. NONDISCRIMINATION Neither Hawthorne nor El Segundo shall discriminate, in any way, against any person on the basis of age, sex, race, color, creed or national origin in connection with or related to the performance of this Agreement. 25. GOVERNING LAW This Agreement shall be governed and construed and its performance enforced under California law, with giving effect to principles of conflict of laws. Deleted: ------Page Break------ �6. VENUE In the event that suit is brought by either party to this Agreement, the parties agree that venue must be exclusively vested in the state courts of the County of Los Angeles, or where otherwise appropriate, exclusively in the United States District Court, Southern District of California, Los Angeles, California. 27. HEADINGS 201 The paragraph headings are not a part of this Agreement nor are they a part of any Attachment or Schedule hereto, and they have no effect upon the construction or interpretation of any part of this Agreement. 28. NOTICES All notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be personally served or mailed, postage prepaid and return receipt requested, addressed to the respective parties as follows: To EL SEGUNDO: City of El Segundo EI Segundo, CA Telephone: Facsimile: To HAWTHORNE: City of Hawthorne 4455 W. 126`11 Street Hawthorne, CA 90250 Hawthorne, CA 90250 with a copy to: Mussell Miya,_Esq., Acting City Attorney City of Hawthorne 4455 W. 126`11 Street Hawthorne, CA 90250 Deleted: . ------------ Deleted: r Deleted: u Deleted: j Deleted: u Notice shall be deemed effective on the date personally delivered, emailed or delivered by facsimile or, if mailed, three (3) days after deposit in the mail. WITNESS THE EXECUTION HEREOF as of the day and year first hereinabove written: APPROVED AS TO FORM: "EL SEGUNDO" CITY OF EL SEGUNDO, a municipal corporation ��G Deputy City Attorney Its: "HAWTHORNE" APPROVED AS TO FORM: CITY OF HAWTHORNE a California municipal corporation Russell Miyahira, Acting City Attorney for the City of Hawthorne Its: Deleted: Assistant 0 3 Appendix A SCOPE OF SERVICES 204 SCOPE OF SERVICES Hawthorne agrees to provide the following services to EL SEGUNDO Software Management — Hawthorne will provide training and technical support for the initial installation Tiburon workstation application software in accordance with the implementation plan. Such technical support at no additional cost is limited to the network implementation period. If additional support is necessary following this period, Hawthorne will provide that support at an hourly rate. Hawthorne will act as the secondary contact for software problem reporting with El Segundo staff being the first contact for El Segundo users. Hawthorne will troubleshoot each report and, if resolution is not immediately possible, Hawthorne will communicate the problem to Tiburon, Inc. and work with the Tiburon technical staff and EI Segundo staff to determine a remedy for the problem. Server Management — El Segundo will house and maintain their own servers for the purposes of local software distribution and Tiburon Browser management. Hawthorne will maintain all other servers necessary to support Tiburon applications and will perform the necessary set up for EI Segundo terminal access to applications and data. All terminal identities will be created on the Records Management Server (RMS) as per El Segundo's Tiburon licensing and as designated by El Segundo. Hawthorne will perform regular data and system backups of those servers under Hawthorne's control. Network Maintenance — Hawthorne will provide access to servers and data via T-1 interface maintained on Hawthorne's site. The means of communication to that router and the network infrastructure on the El Segundo site is solely the responsibility of the El Segundo. Hawthorne will work with EI Segundo and/or with a network consultant designated by EI Segundo to ensure that network communication is effectively established and maintained. Training — Hawthorne will provide 4 hours of training to El Segundo for general administrator training which will include the management of user, security, and tables. Hawthorne will provide 30 hours of training to El Segundo users for Corrections Management System use. Technical Support — Hawthorne will provide technical support and troubleshooting activity for EI Segundo users as a secondary resource after El Segundo's technical and supervisory personnel. Appendix B Payment Schedule and Consulting Service Fee Schedule Payment Schedule Upon execution of any Tiburon Enhancement Proposal related to El Segundo licensing and services, Hawthorne will invoice El Segundo for 50% of the total of that Tiburon Enhancement Proposal. Upon completion of the subject of any Tiburon Enhancement Proposal, Hawthorne will invoice El Segundo for the remaining 50% of the total of that Tiburon Enhancement Proposal. Hawthorne will invoice El Segundo for hourly Hawthorne services including training as such services are delivered on a monthly basis. 207 Hawthorne Consulting Service Fees Project Elatroant Involved GrOUDS Duration Cost onnectivity N etWork Overview Hawthorne , Police, ES Fire, ES IT, RCC WA PLWmnno Hawthorne R, ES IT, RCC News Insha6atiar of Network Infrastructure ES IT NIA InstaNOW of Data Lines InsblbtionfCon ration of yygN E Instagoon of Workstation Cliem 3oflwue Hawthome IT, ES IT, ES Carrier Hawb)ome IT ES IT HaWIhorne IT, ES IT 12 hours 5 hours NIA S 1.140.00 $ 475.00 System Configuration Fire CAD Con ration Plan' ESFD RCC Police CAD Con ration Plan' Pake RMS Tables Seto ESPD, RCC Hawthorne IT ESPD S 600.00 CADIRMS User 3etu Terminal and Printer QmWurahon Hawthorne IT, ESPD, RCC Hawthorne IT 20 haus $ 1,900.00 User Traini rs: ser Secuft Tables, emeral Adrnimstratan Hawthorne IT 4 TiburonARS Manhattan BeachJailers Hawthome 30lGener 4$49WO.(010RMS roje napernent ome 150 The hours and fees above are the estimated maximum amounts. Actual amounts may be less. 208 Appendix C Tiburon License Agreement 209 Appendix D Tiburon Enhancement Proposal Appendix E E1 Segundo Designated Facilities 211, Appendix F El Segundo Client Workstations and Other Hardware EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: August 3, 2010 AGENDA HEADING: Consent Agenda Consideration and possible action on the El Segundo Police Department's acceptance and expenditure of one-time grant funds from the California Office of Traffic Safety (OTS) "DUI Enforcement and Awareness Program." (Fiscal Impact: $15,847.00 from OTS Grant Fund) RECOMMENDED COUNCIL ACTION: 1. Approve request for the El Segundo Police Department to accept and expend grant funds provided by the California Office of Traffic Safety. 2. Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: OTS Grant Agreement OTS Grant Proposal FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: Yes $15,847.00 Account Number(s): N/A ORIGINATED BY: Carlos Mendoza, Lieutenant REVIEWED BY: Mitch Tavera, Chief of Pc APPROVED BY: Jack Wayt, City Manager BACKGROUND AND DISCUSSION: In January 2010, the El Segundo Police Department Special Operations Division applied for grant benefits from the California Office of Traffic Safety. In June 2010 the department received notification that tentative approval had been given for the funding request of approximately $15,847.00. The department is to use the funds for accepted strategies aimed at reducing the number of deaths and injuries in alcohol involved crashed. Some of these strategies include DUI/Driver's License checkpoints and DUI saturation patrols. The department has successfully participated in similar grants in the past. If awarded, the grant funds will reimburse the City for personnel costs associated to DUI enforcement during the period of October 1, 2010 to September 30, 2011. a 2103 f-,_ State of California `b '. Business, Transportation �"` &Housing Agency -.. PROJECT NUMBER AL1175 OFFICE OF TRAFFIC SAFETY GRANT AGREEMENT PAGE 1 (To be completed by applicant Agency) 1. PROJECT TITLE DUI ENFORCEMENT AND AWARENESS PROGRAM 2. NAME OF APPLICANT AGENCY 4. PROJECT PERIOD CITY OF Ei. SF,Gt. NDO Month — Day - Year From: 10-1-2010 3. AGENCY UNIT TO HANDLE PROJECT El SEGUNDO PO/ ICE DrPART.1fr_:vr To: 9-30-2011 5. PROJECT DESCRIPTION (Summarize the project plan covering the objectives, method of procedures, evaluation, and end product in approximately 100 words. Space is limited to 11 lines.) To reduce the persons killed and injured in alcohol involved crashes, "best practice" strategies will be conducted on an overtime basis. The funded strategies include DUI/driver's license checkpoints and DUI saturation patrols. This program will also develop a "HOT Sheet" program and conduct "Stakeout" operations for officers to concentrate on repeat DUI offenders on probation who have had their license suspended or revoked. "Court Sting" operations will focus on DUI offenders with a suspended or revoked driver license who get behind the wheel after leaving court. Through warrant service details, the police department will target repeat DUI violators who failed to appear in court or violate probation. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED: $15,847.00 7. APPROVAL SIGNATURES A. PROJECT DIRECTOR B. AUTHORIZING OFFICIAL OF APPLICANT AGENCY NAME: Tony de la Rambelje PHONE: (310) 524-2296 NAME: MITCH TAVERA PHONE: (310) 524-2280 TITLE: Traffic Sergeant FAX: (310) 640-8648 TITLE: Chief of Police FAX: (310) 607-9171 ADDRESS: 348 Main Street ADDRESS: 348 Main Street El Segundo, CA 90245 El Segundo, CA 90245 E-MAIL: tdelarambelie(a)elsetsundo.org E-MAIL: mtavera(&elsegundo.ore (Signature) (Date) (Signature) Date C. FISCAL OR ACCOUNTING OFFICIAL D. OFFICE AUTHORIZED TO RECEIVE PAYMENTS NAME: Deborah Cullen PHONE: (310) 524-2315 OFFICE: Ralph Lanphere TITLE: Finance Director FAX: (310) 640-2543 CITY TREASURER ADDRESS: 350 Main Street ADDRESS: 350 Main Street El Segundo, CA 90245 El Segundo, CA 90245 E-MAIL: (Signature) (Date) OTS -38 (Rev. 11/99) STATE OF CALIFORNIA BUSINESS, TRANSPORTATION AND HOUSING AGENCY OFFICE OF TRAFFIC SAFETY 2208 KAUSEN DRIVE, SUITE 300 ELK GROVE, CA 95758 www.ots.ca.gov (916) 509-3030 (800) 735-2929 (TT/TDD-Referral) (916) 509-3055 (FAX) June 25, 2010 Tony De La Rambelje, Sergeant Special Operations El Segundo Police Department 348 Main Street El Segundo, CA 90245 Dear Sergeant De La Rambelje: ARNOLD SCHWARZENEGGER, GOVERNOR DALE E. BONNER, SECRETARY CAL110aNIA O/IICL Of fRArr,C 5AJItY Grant No. AL 1175 COPY Congratulations! Through a competitive process, the Office of Traffic Safety (OTS) has tentatively approved your funding request for the proposal titled "DUI Enforcement and Awareness Program" in the amount of approximately $15,847.00. Your OTS Coordinator will contact you, to discuss your proposal and explain the Grant Agreement process, including a possible "Pre -Funding Assessment" meeting. In preparation, please visit our website, www. ots. ca.gov, at Grants and Programs, to view the Grant Program Manual, which. gives instructions for completing a Grant Agreement. The following are timelines for development of your Grant Agreement: Final Deadline for Draft Grant Agreement submitted to OTS Final Deadline for Final Grant Agreement submitted to OTS July 30, 2010 August 31, 2010 It is our goal to have all new grants start no later than October 1, 2010. Failure to meet these deadlines will jeopardize your funding. If approval from a City Council or the Board of Supervisors is required, you should begin that process now. Do not incur grant reimbursable costs prior to the receipt of your official approval packet from OTS or before your grant start date. OTS will initiate a statewide media news release regarding 2011 proposals selected for funding. Your agency should not publically announce this tentative award until the grant agreement is fully negotiated and signed by OTS. Again, congratulations on the success of your proposal. If you have any questions, please contact Ron Miller, Regional Coordinator, at (916) 509-3020 or e-mail at rmiller@ots.ca.gov. Sincerely, AVff2; l J't clil CHRISTOPHER J. MURPHY Director RM:kn Segundo Department Main Street • EI Segundo, California 90245-3885 (310) 524-2390 • Fax (310) 640-8648 January 28, 2010 Christopher J. Murphy Office of Traffic Safety 2208 Kausen Drive, Suite 300 Elk Grove, CA 957 Subject: El Segundo Police Department DUI Enforcement and Awareness Program Dear Mr. Murphy: COPY As required by federal statute, this letter shall serve as documentation that the City of El Segundo has requested the benefits of the DUI Enforcement and Awareness Program as part of its highway safety program. If you have any questions, or require additional information, please call Sgt. De La Rambelje at (310) 524-2298 or Email: tdelarambelje@elsegundo.org. Raymond D. Garcia, Aerations Lieutenan El Segundo Police Department RG: am "Working together to meet our community's needs" 2 0 .r STATE OF CALIFORNIA * OFFICE OF TRAFFIC SAFETY OTS -136 GME DUI Overtime (Rev. 11/09) Grants Made Easy Coversheet for Traffic Safety Proposals Federal Fiscal Year 2011 Agency Name: EI Segundo (1923) Department: Police Department Does your city contract law enforcement personnel from the county Sheriffs office? Proposal Title: DUI Enforcement and Awareness Program ❑ YES 2 NO Proposal Summary: To reduce the persons killed and injured in alcohol involved crashes, "best practice" strategies will be conducted on an overtime basis. The funded strategies include DUI/Driver's License checkpoints and DUI saturation patrols. This program will also develop a "Hot Sheet" program and conduct "Stakeout" operations for officers to concentrate on repeat DUI offenders on probation who have had their license suspended or revoked. Court "stings" operations will focus on DUI offenders with a suspended or revoked driver license who get behind the wheel after leaving court. Through warrant service details, the police department will target repeat DUI violators who failed to appear in court or violate probation. These strategies are designed to earn media attention thus enhancing the overall deterrent effect _ First Name: Last Name: Title: Address 1: Address 2: Address 3: City: hate: Phone #: FAX #: E-mail: Agency Contact Tony De La Rambelje Sergeant, Special Ope 348 Main St. E1 Segundo y.M1w_ `p _ �3 Zip Code: (310)524-2298 (310)640-8648 FFY 2011 Proposal - Coversheet 90245 Ext.. I verify the c s requested for personnel and benefits are accurat . I Fiscal Representative Page 1 �; GRANTS MADE EASY — DUI Overtime SCHEDULE A GRANT No: TBD GRANT DESCRIPTION Page 1 GRANT TITLE: DUI ENFORCEMENT AND AWARENESS PROGRAM AGENCY: EL SEGUNDO POLICE DEPARTMENT PROPOSED BEGINNING DATE: 10/1/10 PROPOSED ENDING DATE: 9/30/11 PROBLEM STATEMENT: Using local data (not OTS Rankings or SWITRS) complete the table below. Collision Type 2006 2007 2008 Collisions Victims Collisions Victims Collisions Victims Fatal 0 0 0 0 0 0 Injury 86 118 68 97 78 99 Fatal Injury Killed Injured Fatal Injury Killed Injured Fatal Inj u ry Killed Injured Alcohol Involved 0 2 0 2 0 4 0 8 0 6 0 9 Hit & Run 0 4 0 5 0 5 0 6 0 5 0 7 Nighttime 0 6 0 7 0 7 0 12 0 6 0 7 2100-0259 hours Please provide detailed answers to the following questions as part of the Problem Statement: 1 1. Describe current traffic unit complement (number of personnel and classifications). If applicable, describe how the size of the traffic unit has fluctuated in the past five years and why. 1 Lieutenant, 1 Sergeant, 4 Motor Officers. The unit has not fluctuated in the past five years. 2. How many sobriety checkpoints did your department conduct between October 1, 2008 and September 30, 2009? (Include checkpoints from all funding sources, i.e. OTS grants or mini -grants, and department funded) OTS Grant #: ; # of Checkpoints: 0 (Not AVOID) AVOID the 100; # of Checkpoints: 1 (In your jurisdiction) Mini -Grant #: ; # of Checkpoints: 0 # of Department Funded Checkpoints: 0 (Not OTS Funded) Additional Information: 3. What is the average number of DUI arrests and vehicles impounded per checkpoint? 13 DUI arrests and 28 impounds. 4. Does your agency participate in an AVOID DUI program? Yes a. AVOID the 100 DUI Campaign in Los Angeles County 5. What percent of your DUI arrests between October 1, 2008 and September 30, 2009 were made as a result of a collision? OTS -38b GME DUI Overtime (11/09) GRANTS MADE EASY — DUI Overtime SCHEDULE A GRANT No: TBD GRANT DESCRIPTION Page 2 3% - Based on total of 13 DUI traffic collisions and total 413 DUI arrests. 6. What percent of your collisions involve drivers with a suspended or revoked license? 7% - Based on total 22 unlicensed driver citations and 309 total traffic collisions. 7. What is the magnitude of your city's problem concerning repeat DUI offenders who violate probation or fail to appear in court? Do you currently have a program that proactively addresses this issue? Low rate of DUI offenders violating probation or appearing in court. We currently do not have a program to address this issue. 8. Do you have a backlog of unserved warrants for repeat DUI offenders? Yes, based on active warrants unserved. 9. How many of your traffic officers have received Standardized Field Sobriety Testing (SFST) training? All sworn personnel. A. What is your current administrative recovery fee for vehicles impounded for up to 30 days and how much of the fee goes to the General Fund vs. a special Traffic Offender Impound Account? How is it used? $35.00 vehicle release fee and $115.00 DUI vehicle release- all goes to the city's general fund/police services. PERFORMANCE MEASURES: Goals: Goals serve as the foundation upon which the grant is built. Goals are what you hope to accomplish by implementing a traffic safety grant program. 1. To reduce the number of persons killed in traffic collisions. 2. To reduce the number of persons injured in traffic collisions. To reduce the number of persons killed in alcohol -involved collisions. 4. To reduce the number of persons injured in alcohol -involved collisions. 5. To reduce hit & run fatal collisions. 6. To reduce hit & run injury collisions. OTS -38b GME DUI Overtime r') 6.11 .. GRANTS MADE EASY — DUI Overtime SCHEDULE A GRANT No: TBD GRANT DESCRIPTION Page 3 7. To reduce nighttime (2100 - 0259 hours) fatal collisions. 8. To reduce nighttime (2100 - 0259 hours) injury collisions. Objectives: Objectives are the tasks or activities undertaken during the grant period to make the goals a reality. Objectives are designed to move you closer to achieving your overall goals. Objectives are used to measure a grantee's success. To issue a press release announcing the kick-off of the grant by November 15, 2010. The press releases and media advisories, alerts, and materials must be forwarded to the OTS Public Information Officer at pio60ts.ca. ov and copy the OTS Coordinator for approval 14 days prior to the issuance date of the release. 2. To use the following standard language in all press, media, and printed materials: "Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration " 3. To email a draft of all grant -related media releases, media advisories, alerts and materials to the OTS Public Information Officer at pio(gots.ca.gov and copied to your OTS Coordinator for approval 14 - days prior to the issuance date of the release (media communications reporting the results of grant activities such as checkpoints and saturation patrols are exempt from this requirement). 4. To submit an application for the California Law Enforcement Challenge (http://www.chp.ca.gov/clec/index.html) to CHP and a copy to OTS by March 25, 2011 California Law Enforcement Challenge P.O. Box 942898 Sacramento, CA 94298-0001 Attention: Special Projects Section (052) 5. To conduct Standardized Field Sobriety Testing (SFST) training for 0 officers by March 31, 2011. 6. To conduct 2 DUI/DL checkpoints by September 30, 2011. Note: For combination DUI/DL checkpoints, departments must issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Also, according to the Attorney General's Office all DUI/DL checkpoint operations must have signs reading "DUI/Driver's License Checkpoint Ahead." To maximize effectiveness, it may be necessary to conduct a checkpoint operation at more than one location on any given day/ night. Each checkpoint should be highly publicized and visible. No occupant restraint citations will be issued at the checkpoints. OTS does not fund or support OTS -38b GME DUI Overtime (11/09) K.�tt GRANTS MADE EASY — DUI Overtime SCHEDULE A GRANT No: TBD GRANT DESCRIPTION Page 4 independent DL checkpoints. Only on an exception basis and with OTS pre -approval, will OTS fund checkpoint operations that begin prior to 1800 hours. 7. To conduct 0 DUI saturation patrols by September 30, 2011. To conduct 0 warrant service operations targeting multiple DUI offenders who violate probation terms or fail to appear in court by September 30, 2011. 9. To develop a "Hot Sheet" program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions by December 31, 2010. Updated Hot Sheets will be distributed to patrol and traffic officers every three to four weeks. 10. To conduct 0 "Stakeout" operations that employ police officers to observe the "worst of the worst" repeat DUI offender probationers with a suspended or revoked driver license by September 30, 2011. 11. To conduct 0 `Court Sting" operations to cite individuals driving from court after having their license suspended or revoked by September 30, 2011. NOTE: Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular police officer issue a specified or predetermined number of citations in pursuance of the goals and objectives hereunder. METHOD OF PROCEDURE: Phase I: Program Preparation and Training and Implementation (October 1, 2010 — December 31, 20 10) • The police department will develop operational plans to implement the "best practice" strategies outlined in the objectives section. • A draft news release will be submitted to OTS to announce the grant program. • All training needed to implement the program will be conducted this quarter. • All grant related purchases needed to implement the program will be made this quarter. • In order to develop the "Hot Sheets", research will be conducted to identify the "worst of the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI conviction. The Hot Sheets may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. Hot Sheets will be updated and distributed to traffic and patrol officers every three to four weeks. • The police department will meet with appropriate court personnel to help develop an operational plan to conduct court stings. OTS -38b GME DUI Overtime (11/09) GRANTS MADE EASY — DUI Overtime SCHEDULE A GRANT No: TBD GRANT DESCRIPTION Page 5 Phase II: Community Awareness (Throughout Grant Period) • The police department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Phase III: Data Gathering and Analysis (Throughout Grant Period) • The police department will submit a Quarterly Performance Report (QPR) and Quarterly Evaluation Data Form, Schedule C within 30 days following each calendar quarter. • The final QPR, Schedule C, Claim and Executive Summary are due to OTS by October 30, 2011. • Reports shall be completed in accordance with OTS requirements specified in the Grant Program Manual, Chapter 7, and submitted in compliance with the signed Acceptance of Conditions and Certifications (OTS -33) included within this agreement. METHOD OF EVALUATION: The Office of Traffic Safety will use the QPR data to determine whether the grant was successful. OTS will also select grants for monitoring reviews to ensure the accuracy of claimed costs. For example, OTS will review claimed costs to ensure they are supported by time sheets, vouchers, invoices, purchase orders, etc. ADMINISTRATIVE SUPPORT: This program has full support of the (El Segundo Police Department), and every effort will be made to continue the activities after the grant conclusion. The Q has endorsed this grant by resolution. OTS -38b GME DUI Overtime (11/09) 0 GRANTS MADE EASY - DUI Overtime SCHEDULE B - PAGE 1 DETAILED BUDGET ESTIMATE GRANT NO. TBD OTS -38d DUI Overtime 2 2 v (Rev. 11/09) FISCAL YEAR ESTIMATES COST CATEGORY FFY - 1 10/1/2010 TOTAL COST Thru 9/30/2011 TO GRANT A. PERSONNEL COSTS OVERTIME DUI/DL Checkpoints $13,968.00 $13,968.00 DUI Saturation Patrols 0.00 0.00 Warrant Service Patrols 0.00 0.00 Stakeouts 0.00 0.00 Court Stings 0.00 0.00 - �---- — Overtime Benefits @ 13.45% 1,879.00 1,879.00 Category Sub -Total $15,847.00 $15,847.00 B. TRAVEL EXPENSE In State $0.00 $0.00 Out of State 0.00 0.00 Cate ®ry Sub -Total $0.00 $0.00 C. CONTRACTUAL SERVICES None $0.00 $0.00 Category Sub -Total $0.00 $0.00 OTS -38d DUI Overtime 2 2 v (Rev. 11/09) GRANTS MADE EASY - DUI Overtime SCHEDULE B - PAGE 2 DETAILED BUDGET ESTIMATE GRANT NO. TBD OTS -38e DUI Overtime (Rev. 11/09)224 FISCAL YEAR ESTIMATES COST CATEGORY FFY - 1 10/1/2010 TOTAL COST Tom► 9/30/2011 TO GRANT D. EQUIPMENT # - List Type of Equipment > $5K/each $0.00 0.00 0.00 0.00 0.00 Category Sub-Totall $0.001 $0.00 E. OTHER DIRECT COSTS List Items < $5K/each $0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Category Sub-Totall $0.00 $0.00 F. INDIRECT COSTS None $0.00 $0.00 Category Sub -Total $0.001 $0.00 GRANT TOTAL $15,847.00 $15,847.00 OTS -38e DUI Overtime (Rev. 11/09)224 GRANTS MADE EASY — DUI Overtime SCHEDULE B-1 GRANT No. TBD BUDGET NARRATIVE Page 1 PERSONNEL COSTS: Overtime Budgeted grant activities will be conducted by agency personnel on an overtime basis. Grant funded operations may be conducted by personnel such as an Officer, Lieutenant, Sergeant, Corporal, Deputy, Community Services Officer, Dispatcher etc., depending on the titles used by the agency. Personnel will be deployed as needed to accomplish the grant goals and objectives. Costs are estimated based on an overtime hourly rate range of $109.00/hr to $27.00/hr. Overtime reimbursement (OT hourly rate and benefit) will reflect actual costs of the personnel conducting the appropriate operation up to the maximum range specified. Maximum Overtime Benefit Rate Unemployment Insurance 0% Social Security/FICA (OASDI) 6.2% Workers Compensation 4.7% Medicare 1.45% State Disability/SDI 1.1% (enter name and % of additional overtime benefit) 0% (enter name and % of additional overtime benefit) 0% Total Benefit Rate 13.45% TRAVEL EXPENSE: In -State Costs are included for appropriate staff to attend conferences and training events supporting the grants goals and objectives and/or traffic safety. Funds may be used to attend OTS approved training. Anticipated travel and events include local mileage for grant activities and meetings, OTS Summit, Vehicular Homicide Conference and (N/A). Note: To be eligible to attend the Vehicular Homicide Conference the grantee must have successfully completed the POST DWI Detection and SFST course along with completion of the Accident Scene Investigation course. The officer/detective selected to attend the Vehicle Homicide Conference should be currently assigned to work on DUI fatal collisions for their agency. All conferences, seminars or training not specifically identified in the Schedule B-1 must be approved by OTS. All travel claimed would be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. Out -Of -State Appropriate staff will attend (N/A) in support of the grant goals and objectives. All out-of-state travel trips not included in the grant agreement must receive written approval from OTS. OTS -38f GME DUI Overtime (Rev. 11/09) 2;� 5 GRANTS MADE EASY — DUI Overtime SCHEDULE B-1 GRANT No. TBD BUDGET NARRATIVE Page 2 CONTRACTUAL SERVICES: None EQUIPMENT (Items valued in excess of $5K each): Instructions: To maintain consistency with the Schedule -B (Excel Budget Spreadsheet), list the quantit of each equipment desired, a generic name (i.e. Dui trailer, Traffic Collision Reconstruction System, etc.), followed by a brief narrative description, explanation of how it will be used and your justification. Note: Each item must support grant objective activities. N/A OTHER DIRECT COSTS (Items valued less than $5K each): Instructions: List items using a generic name (i.e. PAS Devices, Radars, etc.), quantity desired followed by a brief narrative description, explanation of how it will be used and your justification. Note: Each item must support grant objective activities. N/A INDIRECT COSTS: None PROGRAM INCOME: There will be no program income generated from this grant. OTS -38f GME DUI Overtime (Rev. 11/09) t EL SEGUNDO CITY COUNCIL MEETING DATE: August 3, 2010 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license for on-site sale and off-site consumption of alcohol at an existing convenient store located at 601 North Sepulveda Boulevard. Applicant: Veronica Becerra (Fiscal Impact: N/A) RECOMMENDED COUNCIL ACTION: 1. Receive and file this report without objecting to a new Type 20 ABC license at 601 North Sepulveda Boulevard; and/or, 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Crime and Arrest Statistics by Reporting Districts (RD) 2. Police Reporting Districts Map 3. Planning Commission Staff Report dated July 22, 2010 4. Approval Letter to Applicant dated July 15, 2010 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: APPROVED BY: Greg Carpenter, Planning and uilding Safety Director Jack Wayt, City Manager AR BACKGROUND AND DISCUSSION: I. Background In 1995, the City Council directed staff to bring all future ABC licenses to it for review. For alcohol sales at a retail establishment, California regulations require a 30 -day review and comment period after notifying local police and planning departments. The grounds of a protest, if any, should relate to public health, safety or welfare concerns. Based upon previous Council direction, staff is providing background information regarding this application. II. Analysis According to the most recent Crime and Arrest statistics report (January 2010 — June 2010, Exhibit 1) prepared by the Police Department, the convenience store is located in Reporting District (RD) 210. Based on 2010 reported data prepared by the Police Department, the district had a total of 11 Part I crimes (criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny -theft, motor vehicle theft and arson), and 28 Part II crimes. The Reporting District is considered a high crime area with a total of 39 crimes reported between January and June 2010. However, the Police Department and the Planning and Building Safety Department do not object to a new ABC license for the proposed store. This license request will allow the sale of beer and wine in conjunction with the operations of a convenience store. A request for a new license is required, since no previous alcohol license existed at the proposed location. The applicant's proposed hours for alcohol sales will be Monday through Sunday from 6:00 a.m. to 12:00 a.m. The gas station and convenience store currently operates 24 hours a day from Monday through Sunday. On July 15, 2010, the Director of Planning and Building Safety approved an Administrative Use Permit application (EA No. 867, AUP No. 10-03) for 601 North Sepulveda Boulevard. The Director's decision was forwarded to the Planning Commission on July 22, 2010. On July 22, 2010, the Planning Commission chose to Receive and File the item with the conditions of approval. 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 this report without objecting to a new Type 20 ABC license at 601 North Sepulveda Boulevard. PPA\Planning & Building Safety\0 Planning - Old\PROJECTS (Planning)\851-875\EA-867\EA-867.ccsr.08.03. I O.doc EL SEGUNDO POLICE DEPARTMENT Records/eg Page 1 7/12/2010 PART I AND PART II CRIMES STATISTICAL REPORT REPORTED PERIOD: JANUARY -JUNE, 2010 HIGH CRIME AREA BY REPORTING DISTRICT REPO TIN DISTRICT PART I CRIMES PART II CRIMES TOTAL 10 15 1 5 7 106 109 6 12 4 18 14 110 4 5 111 01 1 1 2 9 1 11 115 1 4 5 116 0 2 2 01 1 6 7 202 4 7 11 03 5 6 11 04 2 6 8 5 6 13 1 206 11 6 11 14 17 11 3 2 3 5 04 1 6 7 05 2 4 6 306 2 4 7 309 1 11 12 310 0 1 1 11 4 10 14 312 3 7 1 313 2 2 4 14 0 0 0 315 2 3 5 316 1 1 2 317 0 11 17 4 21 1 6 7 322 0 6 6 323 2 2 4 TOTALS 287 1 618 905 Number of Reporting Districts = 51 Total Part I Crimes and Part II Crimes = 905 City Average for all Reporting Districts (905 / 51) = 18 Records/eg Page 1 7/12/2010 CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC HEARING: July 22, 2010 SUBJECT: Environmental Assessment No. EA -867 Administrative Use Permit No. 10-03 APPLICANT: Veronica Becerra PROPERTY OWNER: Airport Five Star, Inc. REQUEST: A Request for an Administrative Use Permit to allow the sale of beer and wine (Type 20 State of California Alcoholic Beverage Control License) at a gas station/convenience store PROPERTY INVOLVED: 601 North Sepulveda Boulevard I. INTRODUCTION The Planning and Building Safety Department received an application for an Administrative Use Permit to allow the sale of beer and wine for off-site consumption (Type 20 Alcoholic Beverage Control license) at a gas station/convenience store at 601 North Sepulveda Boulevard. The project site is located in the General Commercial (C-3) Zone on the block bounded to the south by East Mariposa Avenue and to the north by East Palm Avenue. The proposed use (on-site sale for off-site consumption of beer and wine at a retail establishment) requires an Administrative Use Permit (AUP) in accordance with ESMC § 15 -5C - 4(A). ANALYSIS The site is 14,687.32 square feet in area and is developed with a 1,700 square -foot building containing a 414 square -foot market, an office and three pump islands. The applicant is currently remodeling the building interior to remove three existing auto service repair bays to expand the 414 square -foot market to 1,463 square feet in area. The building will also contain an office, a restroom, and a backroom for storage that is a combined total of 237 square feet in area. The market expansion includes new refrigeration equipment and the display of alcohol for sale is proposed in 13 square feet of floor area. No expansion of the building itself is proposed. The '02 . minimum number of required parking spaces for the gas station and market including the conversion of the existing auto service repair floor area to a market is 6 spaces. There are currently 7 off-street parking spaces on the property including one accessible parking space. The gas station is a legal nonconforming use. The site was developed as a gas station in 1966 with three auto mechanic bays. The use became legal - nonconforming in 1969 when the Municipal Code was amended requiring Conditional Use Permits for auto service uses. Legal non -conforming uses are permitted to continue, and remodel or rebuild, however, they may not be enlarged, or re-established after abandonment. A portion of the building was converted to a market in 1998. Markets are a permitted use. The current (Type 20 ABC) license request is for the on-site sale of beer and wine for off-site consumption, which is a permitted accessory use with the approval of an Administrative Use Permit for retail establishments and is not considered an expansion of the nonconformity. The area surrounding the market is composed of commercial retail and restaurant uses to the east, a hotel (Hacienda) to the south, a parking lot for a hotel (Hacienda) to the north and the west, and multi -family residential uses west of the parking lot. These uses are compatible with the purpose and intent of the proposed use. The market serves the neighboring commercial and residential uses in the area, providing a convenient place within walking distance. The existing market will continue to meet the needs of the surrounding commercial and residential uses. The proposed location and use, and the conditions under which the use would be operated and maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The sale of alcohol will not create any new impacts that would not be normally associated with the operation of a market at a gas station. The parking lot is currently paved with asphalt and concrete, and is not expected to generate dust or smoke. The proposed use will not increase noise, fumes, vibration, odors, traffic, or hazards. The proposed hours of alcohol sales are limited to Monday through Sunday from 6:00 a.m. to 12:00 a.m. The market and gas station may operate 24 hours a day and seven days a week. The proposed hours of operation for alcohol sales and the location of the market will help to minimize impacts on surrounding uses. Any change to the hours of operation is subject to review and approval by the Director of Planning and Building Safety. Planning staff reviewed the application and the Planning and Building Safety Director made the necessary findings to grant an Administrative Use Permit. The attached letter (Exhibit A) specifies all of the required findings for the permit. 2 III. 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). The project includes an alcohol license for an existing market which results in a minor alteration in the operation of an existing building involving no expansion of the existing use. The project is not anticipated to have any significant impacts with regard to traffic, noise, air quality, or water quality. Moreover, there is no new building area proposed for this project. There are adequate utilities and public services to serve the project. IV. INTER -DEPARTMENTAL COMMENTS The project applications and plans were circulated to all the relevant City Departments and are attached to this report. All relevant comments have been incorporated as conditions of approval for the project. V. RECOMMENDATION Receive and File. VI. EXHIBITS A. Administrative Use Permit Approval Letter, dated July 15, 2010 B. Applications C. Inter -departmental Comments D. Plans and pictures Prepared y: Maria Baldenegro, Assistant Planner c Wimberly Christensen, AICP, Planning Manager Depa ftment of Planning & Building Safety rpeAter, Director ent of Planning & Building Safety PAPlanning & Building Safety\0 Planning - Old\PROJECTS (Planning)\851-875\EA-867\EA-867.pcsr.doc 3 r) c. 0 Elected Officials: Eric K. Busch, Mayor Bill Fisher, Mayor Pro Tom Cad Jacobson, Council Member Don Brann, Coundl Member Suzanne Fuentes, Council Member CindyMorteson, City CI" Ralph 4nphem City Treasurer Appointed Officials: Jack Wayt, City Manager Mark D. Hensley, City Attomey Department Directors: am Crowe, Assistant City Manager Deborah Cullen, Finance Robed Hyland, Human Resouress Kevin Smith, Fire Chief Debra Brighton, llbnuy Services ling Carpenter, Planning and Building Safety Mitch Teven, Police Chia, Stephanie KateouMas, Public Works Robed Cummings, Recreation A Parks www.elsegundo.org Planning & Building Safety Department July 15, 2010 Veronica Becerra 417 B. West Foothill Blvd., #157 EI Segundo, CA 90245 RE: Environmental Assessment No. EA -867 and Administrative Use Permit (AUP) No. 10-03 (REVISED) On-site sale and off-site consumption of beer and wine (Type 20 State of California Alcoholic Beverage Control License) at an existing gas station that includes a convenience store Address: 601 North Sepulveda Boulevard Dear Ms. Becerra: This letter is to inform you that, in accordance with EI Segundo Municipal Code ("ESMC") Chapter 15-22, the Planning Division reviewed your application for the above -referenced project and the Director of Planning and Building Safety APPROVED Environmental Assessment No. EA -867 and Administrative Use Permit No. 10-03 for the sale of beer and wine for off-site consumption at a gas station/convenience store at 601 North Sepulveda Boulevard. The following are the findings and facts in support of each finding for this decision: FINDINGS AND FACTS IN SUPPORT OF FINDINGS: Environmental Assessment No. 867 Finding 1 e 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). 350 Main Street, El Segundo, California 90245-3813 Phone (310) 524-2380 FAX (310) 322-4167 A Facts in Support of Finding 1 1. The applicant is requesting an alcohol license for the on-site sale and off-site consumption of beer and wine at an existing gas station that includes a convenience store, an office and three pump islands. The applicant is currently remodeling the building interior to remove three existing auto service repair bays to expand the 414 square -foot convenience store to 1,463 square feet in area. The building will also contain an office, a restroom, and a backroom for storage that is a combined total of 237 square feet in area. The interior convenience store expansion includes new refrigeration equipment and the display of alcohol for sale is proposed in 13 square feet of floor area. No addition to the building itself is proposed. The project results in a minor alteration in the operation of an existing building and minor interior improvements of the existing use. The property is in an urbanized and developed area where it has adequate access and all public services and facilities are available. Therefore, the project is not anticipated to have any significant impacts with regard to traffic, noise, air quality or water quality. Administrative Use Permit 10-03 Finding 1 • There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located. Facts in Support of Finding 1 1. The applicant proposes to provide on-site sale and off-site consumption of beer, and wine at an existing convenience store. The 1,700 square -foot building contains a 414 square -foot convenience store that is located in the General Commercial (C-3) Zone at 601 North Sepulveda Boulevard. The applicant is currently remodeling the interior of the store to expand the area from 414 square feet to 1,463 square feet. The replacement of the service bays with an expanded retail area will make the use more consistent with the purpose of the C-3 zoning district and adjacent uses. The conditions of approval for the project are intended to limit impacts on surrounding uses; including the removal of an existing waste oil tank, new slurry for the surface parking area, and requiring the exterior finish of the building for the remodel to match the existing materials of the building. 2. The hours of alcohol sales are limited to Monday through Sunday from 6:00 a.m. to 12:00 a.m. The convenience store and gas station may operate 24 hours a day and seven days a week. 3. The project site provides adequate on-site parking with six spaces required and seven spaces provided. 2 r� w- 4. The convenience store is compatible with, and is intended to support the surrounding land uses which include commercial retail and restaurant uses to the east, a parking lot for a hotel to the north and west, multi -family residential uses to the west, and a hotel (Hacienda) to the south. 5. The General Plan land use designation for the site is General Commercial and the zoning for the site is General Commercial (C-3). Markets are permitted uses in accordance with ESMC Chapter 15-5C and on-site sale of alcohol for off-site consumption requires the approval of an Administrative Use Permit (AUP) in accordance with ESMC § 15 -5C -4(A). Findina 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 of the site is General Commercial. Retail, hotels, and major medical facilities are permitted uses in this land use designation. 2. The zoning for the site is General Commercial (C-3) Zone. Retail uses are permitted uses and gas stations are conditionally permitted in this zoning district in accordance with ESMC. The proposed use, on-site sale and off-site consumption of beer and wine at an existing retail establishment, requires an Administrative Use Permit (AUP) in accordance with ESMC § 15 -5C -4(A). 3. The purpose of the General Commercial (C-3) Zone is for the development of commercial establishments which serve a broad cross section of retail and service uses. The proposed alcohol license for an existing retail establishment is consistent with the zone in that retail uses are permitted uses in the General Commercial (C-3) Zone. 4. The gas station is a legal nonconforming use, as it was permitted without a conditional use permit. The convenience store is a permitted use. The automobile service station and convenience store do not have an ABC license. The current (Type 20 ABC) license request is for the on-site sale of beer and wine for off-site consumption, which is subject to an Administrative Use Permit for a convenience store and is not considered an expansion of the nonconformity. 5. Legal non -conforming uses are permitted to continue, and remodel or rebuild, however, they may not be enlarged, expanded, extended, or reestablished after abandonment. The sale of alcohol is a permitted accessory use with the approval of an Administrative Use Permit to the legal -nonconforming use and is not considered an expansion of the nonconformity. 6. The minimum number of required parking spaces for the proposed market use is six (6) spaces and there are currently seven (7) off-street parking spaces on the property, including one handicap accessible space. 7. The proposed use is consistent with Land Use Element Goal LU4 in that it provides a stable tax base for the City through development of new commercial uses, primarily within a mixed-use environment, without adversely affecting the viability of Downtown. 8. The proposed use Is consistent with Land Use Element Objective LU4-1 in that it promotes retail facilities in proximity to major employment centers. 9. The surrounding land uses include: commercial retail, restaurants, a hotel (the Hacienda), surface parking for a hotel, and multi -family residential units. The proposed sale of alcohol at an existing convenience store will be compatible with the surrounding land 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 convenience store will continue to meet the needs of the surrounding residential and commercial community. The convenience store will provide additional service with the sale of beer and wine for off-site consumption. The convenience store currently does not have an Alcoholic Beverage Control License. A sufficient number of parking spaces will be provided on-site in compliance with ESMC Chapter 15-15. 2. The surrounding land uses include commercial retail and restaurant uses to the east, a hotel (Hacienda) to the south, a parking lot for the hotel to the north and west, and multi -family residential uses to the west. These uses are compatible with the purpose and intent of the proposed use. 3. The hours of alcohol sales are limited to Monday through Sunday from 6:00 a.m. to 12:00 a.m. The convenience store and gas station may operate 24 hours a day and seven days a week. Limiting the hours of operation for the sale of alcoholic beverages at the convenience store would ensure the protection of the public health, safety and welfare of adjacent residents to the west of the property. 2J7 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 The sale of alcohol will not create any new impacts that would not be normally associated with the operation of a convenience store. Any additional parking demand associated with the sale of alcohol will be accommodated with the existing seven (7) off-street parking spaces available on the site. Additionally, the subject site is accessible to pedestrians from the surrounding area. 2. The parking lot is currently paved with concrete and asphalt and is not expected to generate dust or smoke. The proposed use will not increase noise, fumes, vibration, odors, traffic or hazards. 3. The proposed hours of operation for alcohol sales and the location of the convenient store will help to minimize impacts on surrounding uses. The hours of alcohol sales are limited to Monday through Sunday from 6:00 a.m. to 12:00 a.m. The convenience store and gas station may operate 24 hours a day and seven days a week. 4. In addition to complying with the City of EI Segundo and the State of California Department of Alcoholic Beverage Control, the convenience store is subject to County Health Department regulations that address and monitor impacts of fumes and odors. Finding 5 • The State Department of Alcoholic Beverage Control has issued or will issue a license to sell alcohol to the applicant. Facts in Support of Finding 5 The applicant must obtain a license from the State of California Department of Alcoholic Beverage Control (Type No. 20). 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: 5 238 1. The hours of alcohol sales are limited to Monday through Sunday from 6:00 a.m. to 12:00 a.m. The convenience store and gas station may operate 24 hours a day and seven days a week. Any change to the hours of operation or the hours that alcohol may be sold is subject to review and approval by the Director of Planning and Building Safety or designee. 2. The alcohol available for sale within the convenience store will be limited to 13 square feet of interior floor area. 3. In addition to complying with the requirements of the City of EI Segundo and the State of California Department of Alcoholic Beverage Control the convenience store is subject to County Health Department regulations for the storage of food and beverages. 4. Any subsequent modification to the project as approved, including the floor plan and areas where alcohol will be sold, 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. 5. The applicant must obtain and maintain all licenses required by the Alcoholic Beverage Control Act (Business & Professions Code §§ 23300 of seq.). The applicant must obtain and maintain a Type 20 license. 6. 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. 7. 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. 8. The applicant must post a sign in a clear and conspicuous location listing a phone number at which a responsible party may be contacted during all open hours of the establishment to address any concerns of the community regarding noise, trash bin debris, debris in the convenience store, or debris in the parking lot. Said contact's name and phone number must also be available through the convenience store staff at all times. 9. 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. 6 10. All employees selling 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. 11. 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), Long Beach/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, Long Beach/Lakewood District Office to ensure proper distribution of beer and wine 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. 12. 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. 13. If complaints are received regarding excessive noise, fumes, parking availability, lighting, building access, and the like associated with the convenience store, the city may, in its discretion, take action to review the Administrative Use Permit, including without limitation, adding conditions or revoking the permit. 14. The applicant must provide a safe within the convenience store that is anchored to the concrete and must be noted on the plans to the satisfaction of the Police Department. 15. The applicant must install security cameras for monitoring and recording activity, which include, but are not limited to: cash handling/counting areas, the manager's office, the safe, all access doors, and any other areas deemed 7 ,r,r necessary by the Police Department. Monitoring and recording equipment must be stored in a secure area (ex. manager's office). 16. Before a building permit is issued, a schematic plan of the camera system must be submitted and approved by the Police Department. The camera specification notes must be included on the schematic plan. 17. Before a building permit is issued, the Police Department's minimum camera requirements must be listed on the building plans with the camera specifications and include the following: a. All security cameras must be in color. b. Cameras, especially those viewing customers as they enter the business or stand at cash registers, must capture the individual from the waist to the top of the head, straight on. C. Cameras must be situated low enough so that caps/hats or other disguises (typically used when committing a crime) will not obstruct the view of the individual's face. This will provide the best possible picture for identification during the investigation process. d. The maximum mounting height must be 8 feet. e. The recording equipment must be digital and must have a minimum of thirty (30) day storage. Security camera recordings must be made available to law enforcement agencies for investigation purposes upon request. f. A schematic plan of the camera system must be submitted and approved by the Police Department before the issuance of a building permit for the remodel. g. The Camera Specification Notes must be included on the schematic plan page. h. A minimum security camera plan shall be: One camera facing each POS (2), one camera facing the safe (it may be possible to cover the safe and the POS closest to it) and one camera at the main entry door capturing customers as they exit. 18. The building must not be occupied by more persons than allowed by the California Building Code, as adopted by the ESMC. 19. The building must comply with California Building and Fire Code requirements, as adopted by the ESMC. 20. The applicant must remove an underground oil/water separator in the auto bay before the installation of refrigerator equipment or occupancy occurs in the store. 21. The applicant must remove the underground waste oil tank in front of the store to the satisfaction of the Fire Department. 24 11 22. The applicant must provide to the Fire Department all chemical inventories maintained at the property, including underground tank documents and plans. 23. The applicant must install new landscaping and automatic sprinklers in the existing planter located at the south east corner of the property. 24. The surface parking area must be slurry sealed and re -striped to retain the existing 7 parking spaces as currently configured in conjunction with the proposed interior remodel and fagade remodel subject to all required permits to the satisfaction of the Director of Planning and Building Safety. 25. The missing sign on the south wall of the convenience store building must be repaired, replaced or the wall must be repaired. The peeling/faded paint must be removed from the windows or replaced to the satisfaction of the Director of Planning and Building Safety. 26. 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. 867 and Administrative Use Permit No. 10-03. 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 -867 or AUP 10-03, 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 EI 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 July 22, 2010 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 20) at its meeting on August 3, 2010. If you have any questions regarding this project, please contact project planner Maria Baldenegro at (310) 524- 2341. Sincerely, ent of Planning and Building Safety PAPlanning & Building Safety\0 Planning - OMPROJECTS (Planning)\861-6761EA-867\EA-867.AUP LTR.doc EL SEGUNDO CITY COUNCIL MEETING DATE: August 3, 2010 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to adopt Ordinance No. 1444 approving Environmental Assessment EA 755 and Zone Text Amendment ZTA 07-02 to amend the El Segundo Municipal Code (`SSMC") off-street parking and loading regulations (Fiscal Impact: N/A) RECOMMENDED COUNCIL ACTION: 1. Waive second reading and adopt Ordinance No. 1444 for Environmental Assessment EA 755 and Zone Text Amendment ZTA 07-02; and/or 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Ordinance No. 1444 FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A C. ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager REVIEWED BY: Greg Carpenter, Director onanning and Building Safety APPROVED BY: Jack Wayt, City Managc t BACKGROUND AND DISCUSSION: I. Background On June 15, 2010, the City Council introduced an Ordinance to approve Environmental Assessment EA 755 and Zone Text Amendment ZTA 07-02 to amend the off-street parking and loading regulations. On July 20, 2010, the City Council discussed the Ordinance further and re- introduced the Ordinance as amended. The Ordinance as revised is presented for a second reading and adoption. If adopted without change, Ordinance No. 1444 will become effective in 30 days. II. Discussion During the discussion, the City Council decided to amend the provisions regarding the Single - Family Dwelling Maximum Garage Dimensions in ESMC 15-15-5(I)(3), to allow an exception to the maximum size for garages that are fully or semi -subterranean. Specifically, the City Council decided to amend the language as follows: 463. Single -Family Dwelling Maximum Garage Dimensions. Individual garages for single- family dwellings must not exceed 900 square feet in size or a four -car capacity, whichever is 10 1 j less. Subterranean garages and semi-subterraneana�rages that meet the definition of a basement are exempt from this requirement." PAPlanning & Building Safety\0 Planning - Old\PROJECTS (Planning)\751-775\EA-755\City Council 08032010\EA-755 Parking and Loading ZTA CC Report 2nd reading 08032010.doc 4'44 ORDINANCE NO. 1444 AN ORDINANCE AMENDING EI SEGUNDO MUNICIPAL CODE ("ESMC") PARKING AND LOADING REGULATIONS. SECTION 1: The City Council finds and declares as follows: A. On March 22, 2007, City staff provided the Planning Commission a status report on research regarding possible amendments to EI Segundo Municipal Code ("ESMC") Chapter 15-15 regulating parking and loading; B. On April 3, 2007, the City Council directed staff to recommend changes to the ESMC; C. On April 5, 2007, the City of EI Segundo filed an application t amend the ESMC's regulations regarding parking and loading; D. On September 22, 2009, City staff met with the Planning and Building Safety Advisory Group to review and discuss the off-street parking and loading standards; E. On November 12, 2009, the Planning Commission considered staff's recommendations and provided staff further direction; F. On December 15, 2009, the City Council considered staff and Planning Commission recommendations. It directed staff to prepare proposed changes to the ESMC; G. This Ordinance was prepared and reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the ESMC; H. In addition, the City reviewed the project's potential environmental impacts of this Ordinance pursuant to 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); I. The Planning and Building Safety Department completed its review and scheduled the public hearing regarding the application before the Planning Commission for May 27, 2010; Page 1 of 54 J. On May 27, 2010, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the proposed amendment, including, without limitation, information provided to the Planning Commission by City staff and public testimony; K. On May 27, 2010, the Planning Commission adopted Resolution No. 2674 recommending City Council approve Environmental Assessment No. EA - 755 for Zone Text Amendment No. 07-02; L. On June 15, 2010, the City Council held a public hearing and considered the information provided by City staff and public testimony; and adopted an ordinance approving Environmental Assessment No. EA -755 for Zone Text Amendment No. 07-02; M. In adopting this Ordinance, the Council intends simply to regulate parking and loading, impose the community's design standards, and protect public health and safety; and N. When adopting this Ordinance, the City considered the entire administrative record concerning parking and loading regulations including, without limitation, information set forth in staff reports presented to the EI Segundo Planning Commission and City Council; public testimony; the City's General Plan; and other evidence set forth in the record or commonly known to the community. SECTION 2: Findings. The findings set forth in Planning Commission Resolution No. 2674 are incorporated into this Ordinance by reference as if fully set forth. SECTION 3: All instances of the term "Director of Community, Economic and Development Services" set forth in the ESMC sections affected by this Ordinance are amended to read "Director of Planning and Building Safety." SECTION 4: The definitions of "Cafe," "Drive -Through Restaurant" and "Food -to -Go" set forth in ESMC § 15-1-6 are respectively renamed "Restaurant, Cafe," "Restaurant, Drive -Through," and "Restaurant, Food -to -Go." The terms "Cafe," "Drive -Through Restaurant," and "Food -to -Go," as used in the ESMC, however, may be used interchangeably with "Restaurant, Cafe," "Restaurant, Drive -Through," and "Restaurant, Food -to -Go." The definitions of these terms remain unchanged. SECTION 5: EI Segundo Municipal Code ("ESMC") § 15-1-6 is amended to read as follows: Page 2 of 54 "15-1-6: DEFINITIONS: CAFE: See RESTAURANT, CAFE. DRIVE-THROUGH RESTAURANT: See RESTAURANT, DRIVE-THROUGH. FAST FOOD RESTAURANT: See RESTAURANT, FAST FOOD. FOOD -TO -GO: See RESTAURANT, FOOD -TO -GO. FULL SERVICE RESTAURANT: See RESTAURANT, FULL SERVICE. RESTAURANT: Any business establishment, building, or structure where food or drink are prepared and served for consumption either on or off the premises, which may also include as accessory uses, service to persons over an interior counter, outside the structure, or from an outdoor service window. Any restaurant with an automobile service window shall be considered a drive-through restaurant." SECTION 6: A new definition of "Restaurant, Fast Food" is added to ESMC§ 15-1-6 to read as follows: "RESTAURANT, FAST FOOD. A restaurant where customers purchase food and beverages and either consume the food and beverages on the premises within a short period of time or take the food and beverages off the premises. Typical characteristics of a fast food restaurant include, without limitation, the purchase of food and beverages at a walk-up window or counter; no table service by a server; payment for food and beverages before consumption; and the packaging of food and beverages in disposable containers. A restaurant is not be considered a fast food or take-out restaurant solely on the basis of incidental or occasional take-out sales." SECTION 7: A new definition of "Restaurant, Full Service" is added to ESMC§ 15-1-6 to read as follows: Page 3 of 54 �4 "RESTAURANT, FULL SERVICE. A restaurant where customers purchase food and beverages and consume the food and beverages on the premises. Typical characteristics of a full service restaurant, include, without limitation, table service by a server; payment for food and beverages after consumption; and serving food and beverages in non -disposable containers. A full service restaurant may include incidental or occasional take-out sales." SECTION 8: The definition of "Floor Area (Net)" set forth in ESMC § 15-1-6 is amended to read as follows: "FLOOR AREA (NET): The area of all floors or levels included within the exterior surrounding walls of a building or structure. The total space devoted to high or medium bay labs, in the M-1 Zone only, may be multiplied by a factor of 0.5 to determine the net floor area. Space devoted to the following shall not be included when determining the total net floor area within a building or structure: A. Elevator shafts. B. Stairwells. C. Courts or atriums uncovered and open to the sky. D. Rooms exclusively holding building operating equipment. E. Parking spaces at or above grade and access thereto; provided, that in commercial and manufacturing zones: 1. Not less than the front fifty percent (50%) of the ground floor is devoted to commercial/manufacturing use; and 2. At least one full level of parking below grade is provided. F. Structures devoted exclusively to parking. G. Restrooms in common areas of nonresidential buildings." SECTION 9: The definition of "Offices, General' set forth in ESMC § 15-1-6 is amended to read as follows: "OFFICES, GENERAL: Offices maintained and used as a place of business conducted by persons whose business activity consists principally of services to the person as distinguished from the handling of commodities. This does not include medical -dental offices. General offices include, but are not limited to the following: Page 4 of 54 A. Administrative/Business. Establishments providing direct services to consumers, such as credit, lending, and trust agencies, data processing services, detective agencies, employment, insurance agencies, real estate offices, stenographic, secretarial and word processing services, union offices and utility company offices. B. Broadcasting Offices and Studios. Commercial and public communications uses, including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings. C. Production. Office -type facilities occupied by businesses engaged in the production of intellectual property. Production uses include computer software production and programming services, media post production services, graphic design, fashion, photography and commercial art studios, writers and artists offices. D. Professional. Professional offices include accounting; advertising agencies; architectural, engineering, planning and surveying services; attorneys; auditing and bookkeeping services; consulting; corporate; counseling services; court reporting services; educational services; literary and talent agencies; management and public relations services; scientific and research organizations." SECTION 10: ESMC § 15-1-6 is amended to add and amend the following definitions: "* * *COMMERCIAL: A. Retail sales. Alcohol sales (off-site), building material stores, convenience stores, general retail stores, and warehouse retail showrooms. General retail stores: General retail stores include sales, without limitation, of appliances, art gallery, artists' supplies, bakeries (retail only), bicycles, books and periodicals, cameras and photographic supplies, clothing and accessories, computer and computer equipment, electronics, department stores, drug and discount stores, collectable items sales, curio, gift and souvenir shops, dry goods, fabric and sewing supplies, florists and houseplant stores (indoor), furniture and home furnishings, grocery stores, hardware, hobby materials, household and kitchen goods, jewelry, luggage and leather goods, musical instruments, parts and accessories, newsstands, orthopedic supplies, pharmacies, religious goods, small wares, specialty shops, sporting goods and equipment, stationery, and toys and games. Page 5 of 54 B. Retail services. Personal Services and Business and Consumer Support Services. Personal Services: Personal services include, without limitation, barber shops and beauty salons, clothing rental, dry cleaning pick-up stores with limited equipment, hair, nail, facial, and personal care, laundromats (self-service laundries), photo development, shoe repair shops, tailors, tanning salons. Personal Services do not include massage establishments. Business and Consumer Support Services: Business and consumer support services include, without limitation, establishments primarily providing consumers and businesses with services, including maintenance, repair and service, testing, rental, as well as the following: business equipment repair services (except vehicle repair, see "vehicle sales and services - maintenance/repair"), computer-related services (rental, repair), copying, quick printing, and blueprinting services, equipment rental businesses within buildings, film -processing laboratories, heavy equipment repair services where repair occurs on the client site, household appliance and equipment repair services, janitorial and maid services, mail advertising services (reproduction and shipping), photocopying and photofinishing, protective services (other than office -related), window cleaning. Personal Services and Business and Consumer Support Services may also include accessory retail sales of products related to the services provided. C. Financial institutions. Banks and trust companies, credit agencies, credit unions, investment companies, lending and thrift institutions, securities/commodity contract brokers and dealers, security and commodity exchanges, vehicle finance (equity) leasing agencies. Financial institutions do not include check cashing or pay day loan facilities. RECREATIONAL FACILITIES: A. Public recreational facilities are facilities that are operated by a government agency. 1. Indoor: Examples include, without limitation, indoor entertainment, multi- purpose recreational buildings, and studios for dance, art, music, photography, and martial art. 2. Outdoor: Examples include, without limitation, Athletic fields, ball parks and bleachers, basketball, racquetball, tennis, and volleyball courts, golf courses, Page 6 of 54 t:, r ,, i. IJ parks and other areas of active or passive recreational usage, swimming pools, trails and bicycle trails. B. Private/Commercial. 1. Indoor: Examples include, without limitation, arcades, billiard/pool halls, bowling alleys, indoor entertainment, racquetball and tennis courts, and skating rinks. 2. Outdoor: Examples include, without limitation, amusement centers (arcades, skating rinks, miniature golf, and similar uses), golf courses, miniature golf, racquetball and tennis courts. SCHOOLS, PRIVATE: Private schools are educational institutions that include, without limitation, adult level, business, vocational, and trade schools; boarding schools; colleges and universities; private pre-schools, elementary schools, middle or junior high schools, and high schools; military academies; professional schools (law, medicine, etc.), seminaries/religious ministry training facilities. Private schools also include specialized non -degree granting schools offering instruction in: art, ballet and other dance, computers and electronics, cooking, drama, driver education, language, and music. VEHICLE SALES AND SERVICES: The sales, rental, repair, alteration, restoration, towing, painting, or finishing of automobiles, trucks, recreational vehicles, boats, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This includes, without limitation, the following categories: A. Accessories Installation. Minor facilities that specialize in the addition of supplemental convenience items or devices to vehicles that do not involve the primary operating system of a vehicle (such as motors or transmissions) or structural features (such as body, chassis, or suspension). For example, these establishments provide installation of alarms, stereos, and window tinting. B. Vehicle Sales/Rental. Retail establishments selling or renting automobiles, trucks and vans. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. The term does not include the sale of auto parts/accessories separate from a vehicle dealership (see "Auto Parts Sales"); bicycle and moped sales (see "Retail: General Retail Stores"); tire recapping establishments; or "Service Stations," which are separately defined. C. Vehicle Parts Sales. Stores that sell new automobile parts, tires, and accessories. May also include minor parts installation (see "Vehicles Sales and Page 7 of 54 Services"). The term does not include businesses dealing exclusively in used parts. D. Car Washes. Permanent, self-service and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. E. Impounding/Storage. Facilities that provide impounding and storage of towed or impounded vehicles. Does not include towing (see "Vehicle Sales and Services: Towing"). F. Maintenance/Repair. The installation, replacement, tuning, or maintenance of the various parts, equipment, or operating systems of a vehicle, which includes body and fender work, engine overhauling and replacement, transmission work, automobile painting, and car washing. G. Accessory retail sales and services. Includes retail sales and services, storage of tires, car parts and other automobile supplies, and limited automobile sales. Automobile sales cannot exceed eight (8) automobiles per month; not more than three (3) automobiles can be displayed at one time. H. Mobile Home and Recreational Vehicle Sales. Retail establishments selling and/or renting the following new or used vehicles and products: Boats, campers/camper shells, golf carts, jet skis, mobile homes, motor homes, motorcycles, snowmobiles, travel/recreational trailers, and other recreational vehicles. I. Service Stations. (See definition of "Service Stations") J. Towing. Facilities that provide vehicle towing. Does not include storage of towed or impounded vehicles (see "Vehicle Sales and Services: Impounding/Storage). SECTION 11: ESMC § 15-2-6 is amended to read as follows: "CORNER CLEARANCE: For the purpose of safe visibility, all corner lots, and reverse corner lots must maintain a triangular area, described as follows: One angle must be formed by the front and side property lines, and the sides of this angle must be fifteen feet (16) in length, measured along the front and side property lines; the third side of this triangle must be a straight line connecting the two (2) other lines at their endpoints. Within the area comprising this triangle, no trees, fences, shrubs, retaining walls, buildings and structures, or other physical obstructions must be permitted to exceed thirty inches (30") in height from street grade, unless it is a tree which is trimmed to provide a minimum of twelve feet (12') of visibility from street grade under the canopy Page 8 of 54 created by the branches. FIGURE 1 - CORNER CLEARANCE AND DRIVEWAY VISIBILITY 1B-0' MN. 1. 1, 10'-'J._ L IV DRIVEWAY •,•,•,•,•,`,',',',',',',',',' APPROACH '.`. .`.`.`.`. _ SIDEWALK � \7.DRIvEWAY. a CORNER VISWL TRIMUUST NOT CONTAIN m IMIGLE M� LANDSCAPING GREATER THAN 80' IN HEIGHT FROM STREET GRADE, UNLESS R IS A TREE WHICH IS TRIMMED TO PROVIDE 12 -FOOT HIGH VISIBILITY FROM STREET GRADE UNDER THE CANOPY CREATED BY THE BRANCHES (ESMC i I&") 4 • Q 10-0' BY 10'-0" DRIVEWAY V18S31LITY TRIANGLE MUST NOT CONTAIN LANDSCAPING GREATER THAN 3W IN HEIGHT FROM STREET GRADE, UNLESS R 18 A TREE WHICH IS TRIMMED TO PROVIDE 12 -FOOT HIGH VISIBILITY FROM STREET GRADE UNDER CANOPY CREATED BY THE BRANCHES (SSMC 6162-11) SECTION 12: ESMC § 15-2-11 is amended to read as follows: "DRIVEWAY VISIBILITY: A. Triangle Area Required: To provide visibility for pedestrians and drivers, a visibility triangle must be formed along each side of the driveway located on the subject property. Within this area fences, walls, and landscaping must not be allowed to exceed thirty inches (30") in height from street grade, unless it is a tree which is trimmed to provide a minimum of twelve feet (12') of visibility from street grade under the canopy created by the branches. B. Location And Description: The triangular area must be located adjacent to, but outside the driveway area, and must be described as follows: one angle must be formed by the intersection of the driveway and the property line abutting the street, the sides of which must be ten feet (10') in length. The third side of this triangle must be a straight Page 9 of 54 line connecting the two (2) other lines at their end points. FIGURE 1 - CORNER CLEARANCE AND DRIVEWAY VISIBILITY ry TRIANGLE MUSTNOT LANDSCAPING GREATER THAN Xr IN HEIGHT FROM STREET GRADE, UNLE88 RISA TREE WHEN IS TRIMMED TO PROVIDE 12 -FOOT HIGH VISIBILITY FROM STREET GRADE UNDER THE CANOPY CREATED BY THE BRANCHES (ESNIC ®16-24) DRIVEWAY APPROACH '.•. .'.'.'.'. d � ,DRIVEWAY , e 4 • d I d • d • 1v-0' BY 1174' DRIVEWAY VISISLITY TRIANGLE MUST NOT CONTAIN LANDSCAPING GREATER THAN 80• W HEIGHT FROM STREET GRADE, UNLESS RIS A TREE WHICH 18 TRIMMED TO PROVIDE 12 -FOOT HIGH VISIBILITY FROM STREET GRADE UNDER THE CANOPY CREATED BY THE BRANCHES (ESMC 916.2-11) SECTION 13: ESMC § 15-2-14 is amended to read as follows: "A. Requirement; Purpose: The goal of this Section is to ensure that adequate landscape areas and permanent irrigation facilities are provided for all new development. The area extending between a building(s) and property lines must contain both soft (plantings) and hard (rock, brick, concrete) landscape materials, except for those portions devoted to vehicular parking and loading. All new landscape areas must comply with ESMC Title 10, Chapter 2 relating to Water Conservation in Landscaping. The purpose of these landscape areas is: B. Components: To achieve these purposes, the landscape criteria is divided into three (3) separate components: those areas related to "vehicular use areas"; areas related to "building perimeter"; and those areas related to the "property Page 10 of 54 SIDEWALK _ a ry TRIANGLE MUSTNOT LANDSCAPING GREATER THAN Xr IN HEIGHT FROM STREET GRADE, UNLE88 RISA TREE WHEN IS TRIMMED TO PROVIDE 12 -FOOT HIGH VISIBILITY FROM STREET GRADE UNDER THE CANOPY CREATED BY THE BRANCHES (ESNIC ®16-24) DRIVEWAY APPROACH '.•. .'.'.'.'. d � ,DRIVEWAY , e 4 • d I d • d • 1v-0' BY 1174' DRIVEWAY VISISLITY TRIANGLE MUST NOT CONTAIN LANDSCAPING GREATER THAN 80• W HEIGHT FROM STREET GRADE, UNLESS RIS A TREE WHICH 18 TRIMMED TO PROVIDE 12 -FOOT HIGH VISIBILITY FROM STREET GRADE UNDER THE CANOPY CREATED BY THE BRANCHES (ESMC 916.2-11) SECTION 13: ESMC § 15-2-14 is amended to read as follows: "A. Requirement; Purpose: The goal of this Section is to ensure that adequate landscape areas and permanent irrigation facilities are provided for all new development. The area extending between a building(s) and property lines must contain both soft (plantings) and hard (rock, brick, concrete) landscape materials, except for those portions devoted to vehicular parking and loading. All new landscape areas must comply with ESMC Title 10, Chapter 2 relating to Water Conservation in Landscaping. The purpose of these landscape areas is: B. Components: To achieve these purposes, the landscape criteria is divided into three (3) separate components: those areas related to "vehicular use areas"; areas related to "building perimeter"; and those areas related to the "property Page 10 of 54 perimeter," set forth below. 4. Minimum sizes for plant material: a. The minimum tree container size for all trees on a site must be provided as follows: i. At least 20% of the trees must be 36 -inch box size or larger. ii. At least 30% of the trees must be 24 -inch box size or larger. iii. The remaining 50% must be 15 -gallon size or larger. iv. The Director of Planning and Building Safety may approve smaller tree container sizes than required based on site conditions, however no tree may be smaller than a 15 -gallon size. b. Shrubs must be planted from a minimum 5 -gallon -size container. One - gallon -size containers may be allowed for shrubs that are not commonly available in 5 -gallon -size containers, subject to approval by the Director of Planning and Building Safety." SECTION 14: ESMC § 15-4A-8 is amended to read as follows: "OFF STREET PARKING AND LOADING SPACES: Off street parking must be provided as required by chapter 15 of this title, but in no case can a driveway or curb cut be less ten feet (10') in width. Where the driveway access and curb cut is to a two (2) car or larger garage which exits directly onto the front street, the driveway and curb cut cannot be less than sixteen feet (16') in width. Driveway entrances and exit locations must be provided in conformance with subsection 15-15-50 of this title." SECTION 15: ESMC § 15-4A-10 is amended to read as follows: "VEHICULAR ACCESS: Where an R-1 lot abuts an alley, vehicular access to the lot must be from the alley, except when eighty percent (80%) or more of the properties on the block have existing vehicular access from the street. For the purposes of this section, the "block" is defined as the properties on the same side of the street between the nearest intersecting streets. Curb cuts and driveways must be installed in conformance with section 15-4A-8 of this article and subsection 15-15-50 of this title." SECTION 16: ESMC § 15-413-10 is amended to read as follows: "VEHICULAR ACCESS: Where an R-2 lot abuts an alley, vehicular access to the lot must be from the alley, except when eighty percent (80%) of more of the properties on Page 11 of 54 the block have existing vehicular access from the street. For the purposes of this Section, the "block" is defined as the area on both sides of the street between the nearest intersecting streets. Curb cuts and driveways must be installed in conformance with subsection 15-15-50 of this Title." SECTION 17: ESMC § 15-4C-9 is amended to read as follows: "VEHICULAR ACCESS: Where an R-3 lot abuts an alley, vehicular access to the lot must be from the alley. Curb cuts and driveways must be installed in conformance with subsection 15-15-50 of this Title." SECTION 18: ESMC § 15 -4E -5(B) is amended to read as follows: "PARKING FOR R-1 ZONES: B. Off -Street Parking: Off-street parking spaces must be provided for a second dwelling unit in addition to that required for the main residence. The number and type of parking spaces must comply with Chapter 15 of this Title as it relates to two-family dwellings. The required parking space may not block any required existing enclosed space for the existing underlying zone, nor conflict with access to a required parking space." SECTION 19: ESMC Chapter 15-15 (Off -Street Parking and Loading Spaces) is amended in its entirety to read as follows: "Chapter 15 OFF-STREET PARKING AND LOADING SPACES SECTION: 15-15 - 1: Purpose 15-15 - 2: Applicability 15-15 - 3: General Provisions 15-15 - 4: Plan Preparation and Permit Approval 15-15 - 5: Parking Area Development Standards 15-15 - 6: Required Parking Spaces 15-15 - 7: Off -Street Loading Space Standards Page 12 of 54 15-15-1: PURPOSE. The purpose of this Chapter is to provide for adequate off-street parking and loading standards, to ensure that parking spaces are suitably maintained and available for the use of the occupants of the site and to mitigate associated on -street parking and traffic circulation problems throughout the City. 15-15-2: APPLICABILITY. A. The provisions of this Chapter apply in all zones of the City unless specifically provided otherwise in an adopted specific plan. B. The provisions of this Chapter apply at the time a building or structure is erected, altered, or expanded, or when the use is established, changed or expanded. C. Parking spaces and loading spaces established by this Chapter must be improved as required by this Chapter before new buildings or structures are occupied or existing buildings or structures are expanded or modified for a new use. D. The provisions of this Chapter apply to parking facilities for authorized temporary uses or special events, except where specifically exempted by the Director of Planning and Building Safety. 15-15-3: GENERAL PROVISIONS: A. Compliance. It is unlawful for any person to violate any part of this Chapter including, without limitation, any discretionary or ministerial permit issued by the City pursuant to this Code or Chapter. B. Availability. It is unlawful for required parking to be utilized in any manner inconsistent with the lawful uses of property including, without limitation, rendering it unavailable for property occupants, patrons, or visitors of a building or use during normal hours of operation. This meaning shall not be construed to prohibit security devices. C. Maintenance. Parking spaces, driveways, maneuvering aisles, turnaround areas, and landscaping areas must be maintained free of debris, graffiti, and litter; and striping, paving, walls light standards, and all other facilities must be maintained in good condition. D. Location of Parking. All required parking must be located on the same lot or building site as the uses for which such spaces are required, unless an Off -Site Parking covenant is approved in compliance with this Chapter. E. Mixed or Multiple Uses and/or Occupancies. A site with multiple uses or mixed occupancies must provide the aggregate number of parking spaces required by this Page 13 of 54 chapter for each separate use. On site parking spaces for one use cannot be considered as providing required parking spaces for any other use, except when authorized through an Off -Site Parking Covenant in accordance with this Chapter. F. Fractional Spaces. Where the application of cumulative parking requirements results in a fractional space, then the fractions are rounded to the nearest whole number. G. Expansion or Remodeling of Building, or Change in Use. 1. Expansion of Building or Use, Generally. Upon change or expansion of a building, or outdoor use area resulting in additional floor area devoted to a use, additional outdoor use area, or an increase in the number of dwelling units on a lot, additional parking and loading spaces must be provided only for the additional floor area, outdoor use area, or residential units without diminishing the existing parking, unless such parking exceeds the requirements of this chapter. 2. Addition of Floor Area to a Dwelling Unit. Notwithstanding any other provision of this Chapter, the cumulative addition of 1,000 square feet of floor area to a residential unit upon the effective date of this ordinance must comply with the minimum parking requirements for residential units as established in this Chapter. 3. Change of Use, Generally. When the use of a building changes to another use that is required to have the same number of parking spaces, no additional parking spaces are required for the new use, regardless of the number of spaces provided by the previous use, if the previous use was legally established and the number of spaces has not decreased. When a change in use requires more off-street parking than the previous use, additional parking spaces must be provided equal in number to the difference between the total number of spaces required by the new use and the number of spaces required for the immediately previous use. When a change in use requires less off-street parking than the previous use, no additional parking spaces are required. H. Off -Site Parking. 1. Applicability. The Director of Planning and Building Safety may approve off-site parking locations within the city for nonresidential uses to meet the parking requirements of this chapter. Such off-site parking locations must be secured with a covenant, approved by the city attorney, and recorded in the county recorder's office before the city issues building permits. The off-site parking spaces used to satisfy the parking requirements for a different site must be surplus to the required parking spaces required for uses of the off-site location. Alternatively, the Planning Commission may approve a reduction of required parking spaces as provided in this Chapter. Page 14 of 54 2. Director Review, The Director of Planning and Building Safety may review off- site parking covenants for a maximum of twenty (20) parking spaces or 20 percent of the required number of parking spaces, whichever is less. The parking covenant may include such conditions as the Director of Planning and Building Safety may lawfully impose. 3. Planning Commission Review. The Planning Commission must review all off-site parking covenants for more than 20 parking spaces. The parking covenant may include such conditions as the Planning Commission may lawfully impose. 4. Off -Site Parking Findings of Approval. Requests for off-site parking must meet the following requirements: a) The off site parking must be located so that it will adequately serve the use for which it is intended. In making this determination, the following factors, among other things, must be considered. L Proximity of the off-site parking facilities; ii. Ease of pedestrian access to the off-site parking facilities; iii. Provisions for transportation to and from the off-site parking facility (e.g. shuttle or valet services); iv. The type of use the off-site parking facilities are intended to serve (i.e. off-site parking) may not be appropriate for high turnover uses such as retail sales and services. I. Joint Use/Shared Parking. Uses that share parking facilities on the same lot may be granted parking space reductions when they have significantly different peak hours of operation. Joint Use/Shared Parking reductions may be granted in compliance with this Chapter (Reductions in the Number of Required Parking Spaces). J. Parking Exceptions. 1. Director Review. The Director of Planning and Building Safety may review and approve requests for administrative adjustments from the requirements of this chapter as provided in Chapter 24 (Adjustments) of this Title including, without limitation, the design and layout of parking facilities; the required number of parking spaces; the dimensions of parking spaces; the type of loading spaces required; aisles; driveways and curb cuts; paving materials and colors; and striping. The types and extent of adjustments the Director of Planning and Building Safety is authorized to review administratively or is authorized to review subject to a public hearing are specified in Sections 15-15-5, 15-15-6, and 15-15-7 of this Chapter. Page 15 of 54 2. Planning Commission Review. The Planning Commission must review requests for parking reductions as specified in Section 15-15-6(C) of this Chapter and may review administrative adjustments referred by the Director of Planning and Building Safety. K. Failure to Maintain Required Parking. In the event on site parking and loading area facilities required to be provided under this code are not maintained for licensed vehicle parking and truck loading area purposes to the extent required, the Director of Planning and Building Safety may revoke a certificate of occupancy for structures that fail to maintain required onsite parking and loading facilities. The Director of Planning and Building Safety must provide a property owner at least ninety (90) days to comply with this code, including any ministerial or discretionary permits as to parking if it appears that a violation was reasonably beyond the control of the person required to comply with this chapter. Should a certificate of occupancy be revoked, the premises affected cannot be occupied or used for any purpose until a new certificate of occupancy is issued. 15-15-4 PLAN PREPARATION AND PERMIT APPROVAL. A. A person seeking a building permit, change of occupancy, or change in design to a parking and loading area must submit a parking and loading area plan, in a form approved by the Director of Planning and Building Safety, to the Director of Planning and Building Safety. The plans must clearly indicate the location, size, shape and design, of all curb cuts, lighting, landscaping, and parking spaces in full compliance with code requirements. B. The City cannot issue a building permit until the applicant presents satisfactory evidence to the Director of Planning and Building Safety that parking and loading facilities required by the provisions of this chapter will be provided and maintained. 15-15-5: PARKING AREA DEVELOPMENT STANDARDS A. Access and Circulation. 1. Design. Parking facilities must be designed so that a car within a facility will not have to enter a street to move from one location to any other location with in the same facility. 2. Exit. Parking facilities in nonresidential zones must be designed in such a manner that any vehicle on the property will be able to maneuver as necessary so that it may exit from the property traveling in a forward direction. However, vehicles may exit onto an alley traveling in a reverse direction. 3. The Director of Planning and Building Safety may approve administrative adjustments from the Site Access and Circulation standards as provided in Page 16 of 54 Chapter 24 (Adjustments) of this Title. B. Driveway and Parking Area Paving and Surfacing. All permanent on-site parking, loading, vehicle storage and vehicle sales areas must be paved with approved concrete or asphaltic concrete. On-site parking areas to be used for not longer than one year must be surfaced and maintained with an impervious material acceptable to the Director of Planning and Building Safety so as to eliminate dust and mud. All on-site parking areas must be graded and drained so as to dispose of all surface water in accordance with the applicable storm water regulations. The Director of Planning and Building Safety may at his discretion, approve alternative paving material such as decorative concrete, grasscrete, brick, or similar material of equivalent durability. The Director of Planning and Building Safety may approve administrative adjustments from the Driveway and Parking Area Paving standards as provided in Chapter 24 (Adjustments) of this Title. C. Parking Area Striping. All parking spaces must be clearly striped with white, double 4 -inch wide stripes, one foot apart. The Director of Planning and Building Safety may approve administrative adjustments from the parking area striping standards as provided in Chapter 24 (Adjustments) of this Title. The alternative designs may include, without limitation, the use of colored concrete and other decorative materials. Approved striping alternatives must clearly identify parking spaces and distinguish them from adjoining walkways and drive aisles. Page 17 of 54 FIGURE 1 - PARKING AREA STRIPING 2'-0" O Y = 6" WIDE BY 6" HIGH CONCRETE TIRE STOP Z ANCHORED TO THE GROUND. J 4" WIDE PAINTED z WHITE STRIPES. 6" I I MINIMUM WIDTH _T rt D. Parking Space Location. 1. Residential Spaces. a) Guest Spaces. No required guest parking space for any residential use may be located, in whole or in part, in any required front yard or front two-thirds (2/3) of any required side yard. b) Required Spaces. Required parking spaces, excepting required guest parking spaces, for any residential use must be located within a required garage or carport as required in Section 15-15-5S of this title. 2. Nonresidential Spaces. a) Parking spaces may encroach into a required landscaped setback up to a maximum of fifty (50%) of the required setback area, provided a minimum landscaped setback of five (5) feet is maintained. Page 18 of 54 b) Parking spaces that back-up directly into a driveway entrance must maintain a minimum landscaped setback of twenty (20) feet from any street -facing property line. c) Access by Alley. Where vehicular access is provided by an alley, parking may intrude into the required rear yard; provided, however, the amount of setback intruded upon must be replaced by increasing the other required yards on-site by an equivalent amount. FIGURE 2 - PARKING SPACE LOCATION DRIVEWAY APPROACH WY ZILI 1 I ICOMMERCIAL I BUILDING 1 I ' 1 I I I I I I X4r VEHICLE 1 I OVERHANG E. Parking Lot Slope. The maximum slope for parking lots is five percent (5%). The Director of Planning and Building Safety may approve administrative adjustments from the parking lot slope standard as provided in Chapter 24 (Adjustments) of this Title. Page 19 of 54 F. Tire Stops. 1. Dimensions. Tire stops must be a minimum of six (6) inches wide by six (6) inches in height. 2. Location. Concrete tire stops must be provided in all parking lot areas abutting a building, structure, sidewalk, planting area, street or alley. Tire stops shall be located two (2) feet from the front of a parking space. 3. In lieu of a tire stop, a continuous concrete curb may be provided. The vehicle overhang area may be landscaped, however this landscaped area does not count toward the required Vehicle Use Area landscaping. FIGURE 3 - TIRE STOP DESIGN AND LOCATION LANDSCAPING CONCRETE TIRE 8 CONCRETE WALKWAY ORSMWALK CONTINUOUS CURB TIRE STOP ALTERNATIVE .. LANDSCAPING CONCRETE TIRE STOP W 2'-0' 3!4" RADIUS 0• ANCHORING DOWEL Page 20 of 54 06 A 4. The Director of Planning and Building Safety may approve adjustments from the parking lot slope standard as provided in Chapter 24 (Adjustments) of this Title. G. Lighting. 1. All required parking areas must be illuminated with a minimum level of maintained 1.25 foot-candles of light during all hours of operation. 2. Lights provided to illuminate any parking area or vehicle sales areas as permitted by this code must be arranged so as to direct the light away from any premises upon which a residential dwelling unit is located. 3. Parking area light standards located within 50 feet of a property line must not exceed 25 feet in height. 4. The Director of Planning and Building Safety may approve administrative adjustments from the lighting standards as provided in Chapter 24 (Adjustments) of this Title. H. Landscaping. 1. All new or substantially redesigned parking areas must provide landscaping as provided in Chapter 2 (General Provisions) of this Title. I. Parking Space Dimensions 4 RA: .,.Lir, r. a r,ono in+nrinr rlimnncinnc I. wn ff Space Type --- Minimum Width Minimum Length Commercial Standard 8.5 feet 18 feet Residential Standard 9 feet 20 feet Residential — Narrow Lots* 8.5 feet 20 feet Vehicle Lift 11 feet 21 feet Compact 8.5 feet 15 feet Parallel 8.5 feet 24 feet Accessible ** ** Motorcycle 5 feet 9 feet Bicycle 2 feet 5 feet * Lots under 40 feet in widtn ** The dimensions of accessible parking spaces must comply with the Americans with Disabilities Act (A.D.A.), Title III and California Code of Regulations (CCR), California Access Code, Title 24. Page 21 of 54 2. Single -Family Dwelling Minimum Garage Dimensions. Two -car garages for single-family dwellings must have minimum interior dimensions of 20' x 20,' except for narrow lots as indicated above. 3. Single -Family Dwelling Maximum Garage Dimensions. Individual garages for single-family dwellings must not exceed 900 square feet in size or a four -car capacity, which ever is less. Subterranean garages and semi -subterranean garages that meet the definition of a basement are exempt from this requirement. 4. The Director of Planning and Building Safety may approve adjustments to the Parking Space Dimensions standards as provided in Chapter 24 (Adjustments) of this Title. J. Compact Spaces Permitted. Compact parking is allowed for office, industrial, hotel, and recreational uses up to a Page 22 of 54 maximum of twenty percent (20%) of required parking spaces. Parking provided in excess of the required number may be compact in size. Compact spaces cannot be allowed for retail uses. K. Tandem Spaces Permitted. All tandem parking spaces, where allowed, must be clearly outlined on the surface of the parking facility. Use Percentage (%) of Percentage (%) of Maximum total required spaces total required spaces Depth in Smoky Hollow 1 Single-family and 100% N/A 2 spaces Two -Family Dwellings 2 Multiple -Family Prohibited ** Prohibited** N/A Residential 3 Retail Uses and Prohibited 30% 3 spaces Services 4 Industrial Uses*** 20% 85% 3 spaces 5 Offices 20% 85% 3 spaces Restaurants JProhibited 10% 3 spaces * Tandem spaces for Single and Two-f-amiiy aweiiings must oe assignea w Ulu sdiiic unit. ** Tandem parking is permitted for Multiple -Family Residential developments involving density bonuses, pursuant to Government Code § 65915. *** Includes manufacturing, warehousing, and research and development uses The Director of Planning and Building Safety may approve tandem parking and/or administrative adjustments to the tandem parking standards as provided in Chapter 24 (Adjustments) of this Title, subject to conditions. The conditions may include recording of a covenant agreement, requiring a parking attendant, requiring valet service, and other operational conditions. The Director of Planning and Building Safety may also approve tandem parking in excess of the above limits for permitted temporary uses and/or special events. L. Parking Clearance and Obstructions. Vertical Clearance The minimum vertical clearance for all parking areas must be seven 7 feet. Page 23 of 54 it L+'I1 -6 4 Exceptions Storage cabinets and other obstructions shall be permitted in an area above the front end of parking spaces that must be at least 4.5 feet above the ground and no more than 3.5 feet from the front end of the space Horizontal Parking spaces located next to walls, columns, or similar Clearance obstructions must provide an additional one foot of clearance on the side of the obstruction. Exceptions 1. Columns or similar obstructions are permitted in the one - foot clearance area four feet of the front and rear end of a parking space. 2. Walls, columns, or similar obstructions may project six inches into the front end corners of a parking space. Disabled Access Where necessary to comply with the Americans with Disabilities Act (A.D.A.), Title III and California Code of Regulations (CCR), California Access Code, Title 24, parking facilities may deviate from the Parking Clearance and Obstructions standards. Page 24 of 54 FIGURE 5 - REQUIRED CLEARANCE AND PERMITTED OBSTRUCTIONS STORAGE CABINET GARAGE DOOR OPENING J 6' 2'-0' COLUMN COLUMN v MINIMUM SPACE WIDTH 'v I I 1' I I I I I I The Director of Planning and Building Safety may approve adjustments to the Parking Clearance and Obstructions standards as provided in Chapter 24 (Adjustments) of this Title. M. Vehicle Ramps. Ramp sloe 20% maximum Transitions required At each end of ramps that exceed a 6% slope Transition length Eight feet minimum Transition sloe At least 50% of the main ramp slope The Director of Planning and Building Safety may approve adjustments to the Parking Clearance and Obstructions standards as provided in Chapter 24 (Adjustments) of this Title. M. Vehicle Ramps. Ramp sloe 20% maximum Transitions required At each end of ramps that exceed a 6% slope Transition length Eight feet minimum Transition sloe At least 50% of the main ramp slope Page 25 of 54 The Director of Planning and Building Safety may approve administrative adjustments to the Vehicle Ramps standards as provided in Chapter 24 (Adjustments) of this Title. N. Drive Aisle Width and Parking Row Depth. 1. General drive aisle width and parking space depth requirements. Parking angle FIGURE 6 - VEHICLE RAMP DESIGN Aisle width - two way Standard space depth R R DRIVEWAY B B APPROACH C D EXISTING—� 12 feet 18 feet CONCRETE 50% OF � CURB � SLOPE 's� � 9 feet M 5096 OF I 450 LOPE 18 feet 12.7 feet 10.6 feet 10.6 feet 600 16 feet 18 feet 15.6 feet 8� �^ LENGTH OF 8'-0' 13 feet g0° JTRANSITION MAINRAMP TRANSITION 25 feet The Director of Planning and Building Safety may approve administrative adjustments to the Vehicle Ramps standards as provided in Chapter 24 (Adjustments) of this Title. N. Drive Aisle Width and Parking Row Depth. 1. General drive aisle width and parking space depth requirements. Parking angle Aisle width - one way Aisle width - two way Standard space depth Compact space depth Space width A B B C C D 00 - parallel 12 feet 18 feet 8.5 feet 8.5 feet 24 feet 300 12 feet 18 feet 9 feet 7.5 feet 7.5 feet 450 15 feet 18 feet 12.7 feet 10.6 feet 10.6 feet 600 16 feet 18 feet 15.6 feet 13 feet 13 feet g0° 25 feet 25 feet 18 feet 15 feet 8.5 feet Page 26 of 54 �i0 FIGURE 7 - PARKING AISLE AND PARKING SPACE DIMENSIONS ANGLED PARKING ADD 1'A' FOR END SPACE NEXT TO WALL OR SIMSAR ADD V0 FOR SPACE NEM S OBSTRUCTION ENDTO WALL OR SIMILAR OBSTRUCTION / C / A' JIf ' O O O t�D D PARALLEL PARKING ;dig �S Y N6 B 4' WDE PAINTED WHITE STRIPE C ADD 1'A" FOR END SPACE NEM I'M WALL OR SIMILAR OBSTRUCTION 1'V D J D J +e I I J10 - FACE OF CONCRETE CURB 2. Exceptions for 900 parking angle. For 900 parking, the parking aisle width can deviate from the above requirements based on the following table. Page 27 of 54 rary Exceptions for 90° parking angle7i24 Parkin Spaces only)* Parkin space minimum widthrkin aisle width 8.5 feet feet 9.0 feet feet 9.5 feet 23 feet 10 feet 22 feet * The exceptions for 90" parKing ao not apply io garages iu, b1i lylu ai lu-1al1lily dwellings 3. The Director of Planning and Building Safety may approve adjustments to the Drive Aisle Width and Parking Space Depth standards as provided in Chapter 24 (Adjustments) of this Title. O. Driveway and Curb Cuts. All curb cuts and driveways must lead directly to required parking. Curb cuts not leading to parking, must be removed whenever new buildings are constructed or additions are made to existing buildings. The location and design of all driveway entrances and exits must comply with the standards listed below. The goal of these standards is to a) to preserve on -street parking spaces, b) to improve traffic safety, and c) to improve on-site vehicle circulation. 1. Driveway and Curb Cut Width. Zone Curb Cut Width* Driveway Width Minimum Maximum Minimum Maximum R1 and R2 — lots less than 10 feet 20 feet 10 feet 20 feet 50 feet wide R1 and R2 — lots at least 50 10 feet 25 feet 10 feet 28 feet feet wide R3 — serving 12 or fewer 12 feet 30 feet 12 feet 30 feet parking spaces or one-way drive aisle R3 — serving 13 or more 20 feet 30 feet 20 feet 30 feet parking spaces or two-way drive aisle Nonresidential 20 feet 30 feet 20 feet 30 feet * Curb cut width excludes the wiatn or aprons 2. Curb Cut Locations. Zone Minimum Distance Minimum Distance Minimum Distance from between curb cuts on from curb cuts to curb cuts to property Page 28 of 54 the same property street corners lines Residential 24 feet 20 feet 5 feet Nonresidential 24 feet 50 feet 5 feet FIGURE 8 - CURB CUT AND DRIVEWAY LOCATIONS 10' -0 -(RESIDENTIAL) 20'-0•(RESIDETITUIL) 20'-0" (COMMERCIAL) W0 (COMMERCIAL) 24.0- MIN. MIN. UWANGE MIN. WIDTH DISTANCE DRIVEWAY DRIVEWAY APPROACH .'.'.'.• APPROACH SIDEWALK a .a a DRIVEWAY DRIVEWAY a o 3. The Director of Planning and Building Safety may approve administrative adjustments to the Driveway and Curb Cut standards as provided in Chapter 24 (Adjustments) of this Title. P. Corner Clearance and Driveway Visibility. 1. All parking areas must meet the Corner Clearance and Driveway Visibility standards as provided in Chapter 2 (General Provisions) of this Title. Q. Drive -Through Facilities. Page 29 of 54 1. Drive-through lanes may encroach into required landscaped setbacks up to a maximum of fifty percent (50%) of the required setback area, provided a minimum landscaped setback of five feet (6) is maintained. 2. Drive-through lanes must be located and designed in such a manner as to not interfere with on-site and off-site circulation. The location and design of the drive-through lane must be subject to the review and approval of the Director of Planning and Building Safety. r1ri..r._Thrt%.^h i nno nimancinnc VIIVG-I IIIV4 11 Use Minimum Length Continuous Minimum Width Eating and Drinking 150 feet 10 feet Establishments Banks, pharmacies, 60 feet 10 feet and cleaners Page 30 of 54 FIGURE 9 - DRIVE - THROUGH FACILITIES <_ P� m J b Q SERVICE WINDOW BUILDING 4 I- Z W 0. z DD,'4 SPACED ��' ENDTRASH • ,� MENU BOARD �iCEN4 N DRIVE-THRU LANE I 509i� I SETBACK 3. The Director of Planning and Building Safety may at his discretion require wider drive-through lanes. 4. The Director of Planning and Building Safety may approve adjustments to the Drive -Through Facilities standards as provided in Chapter 24 (Adjustments) of Page 31 of 54 this Title. R. Parking Structure Standards. 1. The following setback requirements apply to all subterranean parking facilities: Zone Projection above grade Setback Residential Completely Subsurface Must meet required front setback No rear or side setback required May be uncovered and unenclosed No more than 3 feet above grade Must meet required setbacks More than 3 feet above rade Must meet required setbacks and must be screened from public view Nonresidential Com let ly Subsurface No setbacks required* Above grade Must meet required setbacks * The parking structure must be aesignea in sucn a manner as io maintain sumcient sun above for landscaping (ground cover, shrubs and trees) to grow above grade. 2. The Director of Planning and Building Safety may approve administrative adjustments to allow parking structures that project no more than 3 feet above grade to encroach into the required setbacks as provided in Chapter 24 (Adjustments) of this Title. 3. The Director of Planning and Building Safety may approve adjustments to the Parking Structure standards as provided in Chapter 24 (Adjustments) of this Title. S. Special Residential Parking Provisions. 1. Covered parking. All required parking spaces must be covered and enclosed in the following manner: Use Minimum Parking Enclosure Single and Two -Family dwellings Fully enclosed garage Multiple -Family dwellings Covered structure enclosed on 3 sides Guest parking spaces May be uncovered and unenclosed 2. Residential garage openings. All garages must meet the minimum and maximum widths listed below: Type of garage Minimum opening width IMaximum opening width Page 32 of 54 Single -car 8 feet 14 feet Two -car 16 feet 20 feet Multiple -Family residential 16 feet Equal to the drive aisle width it serves 3. Residential turn radius requirements. a) One or two -car garages located behind a residence must provide a minimum turning radius of 25 feet. b) Residential garages that take access directly from an alley may measure the required turn radius to the opposite side of the alley. Page 33 of 54 FIGURE 10 - RESIDENTIAL TURN RADIUS AND ALLEY ACCESS x•cAR GARAGE l I I SINGLE - FAMILY RESIDENTIAL DWELLING UNIT la -0• MIN. let DRIVEWAY STREET A��ACH R 2 -CAR GARAGE a Page 34 of 54 4. The Director of Planning and Building Safety may approve adjustments to the Special Residential Parking Provisions standards as provided in Chapter 24 (Adjustments) of this Title. T. Vehicle Lifts. Vehicle lifts may be used by right to provide off-street parking spaces on lots in the Single -Family Residential (R-1) Zone and the Two -Family Residential (R-2) Zone where the vehicle lifts provide parking in excess of the minimum number of required parking spaces subject to the standards in this section and in this chapter. 1. A Conditional Use Permit is required for vehicle lifts providing required off-street parking spaces on lots in the Single -Family Residential (R-1) Zone and the Two - Family Residential (R-2) Zone subject to the following: a. The vehicle lift must be located only within a fully enclosed garage. b. A vehicle lift may only be used to store two (2) vehicles vertically where a minimum vertical height clearance from the floor to the ceiling plate of the garage is a minimum of fourteen feet (14') clear of obstructions. c. A vehicle lift must be designed and used as a designated parking space for use only by occupants in the same dwelling unit as the parking space located directly below the vehicle lift. d. A vehicle lift must be permitted only with a key locking mechanism. e. A vehicle lift must be permitted only if it is operated with an automatic shutoff safety device and is installed in accordance to manufacturer specifications. 2. In the Two -Family Residential (R-2) Zone, vehicle lifts for required off street parking are subject to the following additional requirements: a. The vehicle lift must be used only on a lot less than forty five feet (45') in width. b. A vehicle lift must only be used to meet the minimum number of required off street parking spaces in addition to a minimum of two (2) fully accessible parking stalls located on the floor surface within a garage or garages. 15-15-6: REQUIRED PARKING SPACES The number of onsite parking spaces required for the establishment of a building or use must be provided and thereafter maintained at the ratios set forth below. For uses not listed the required number of spaces will be determined by the Director of Planning and Page 35 of 54 Building Safety based on most similar listed use or a parking demand study. A parking demand study must include, without limitation, information specifying the number of employees, customers, visitors, clients, shifts, deliveries, parking spaces, or other criteria established by the Director of Planning and Building Safety. The Director of Planning and Building Safety may at the Director's discretion, refer any decision regarding uses not listed to the Planning Commission for review. Unless stated otherwise, parking must be based on net floor area as defined in this Code. Accessible parking spaces must be provided and comply with the Americans with Disabilities Act (A.D.A.), Title III and California Code of Regulations (CCR), California Access Code, Title 24. A. Automobile Spaces Required. Use Number Of Parking Spaces Required RESIDENTIAL USES 1. Single -Family and Two- 2 spaces for each unit and one additional space for Family Dwellings dwelling units exceeding 3,000 square feet of gross floor 7. Senior Communities, Rest Homes, Convalescent Homes area 2. Multiple -Family 2 spaces for each unit plus 2 visitor spaces for the first 3-5 Dwellings dwelling units and 2 visitor spaces for each additional 3 COMMERCIAL units (e.g., 3-5 units = 2 visitor spaces, 6-8 units = 4, 9-11 units = 6, 12-14 units = 8, etc.) 3. Lodging Houses, 1 space for each guest room Rooming Houses, and Guesthouses 4. LiveMork Units 2 spaces for each unit plus 1 space per 350 square feet of commercial/work area 5. Caretaker Units 1 space for each unit GROUP CARE 6. Hospitals [fj/2 spaces for each bed 7. Senior Communities, Rest Homes, Convalescent Homes 1 space for each 2 beds COMMERCIAL Page 36 of 54 8. Retail Sales 1 space for each 300 square feet for the first 9. Retail Services 25,000 square feet a. Personal Services 1 space for each 350 square feet for the second b. Business and Consumer Support 25,000 square feet Services 1 space for each 400 square feet for the area in c. Financial Institutions excess of 50,000 square feet 10. General Offices (including up to 500 square feet of accessory eating establishments) 11. Fitness Centers, Gyms, Health 1 space for each 150 square feet clubs 12. Medical/dental offices and c 11 space for each 200 square feet 13. Animal Care a. Animal boarding, kennels 1 space for each 300 square feet of office/retail area, plus 1 space per 1,000 square feet of storage and animal area including outdoor play b. Animal daycare and training (no area 1 space for each 300 square feet of office/retail overnight stay) area, plus 1 space per 1,000 square feet of storage and animal area, including outdoor area c. Veterinary hospital 11 space for each 300 square feet 14. Hotels, motels, auto courts, bed 1 space for each of the first 100 rooms, or and breakfast inns, motor lodges, and sleeping units; tourist courts 3/4 space for each of the next 100 rooms, or sleeping units; and 1/2 space for each room above 200 rooms, or sleeping units 15. Landscape nurseries 1 space for each 300 square feet of interior floor area, plus 1 space for each 1,000 square feet of exterior storage and display area EATING AND DRINKING ESTABLISHMENTS 16. Fast food and drive-through 1 space for each 75 square feet area, including restaurants, bars, and cocktail outdoor dining areas (Parking for outdoor dining lounges areas is required only for the portion that exceeds 200 square feet or 20 percent of the indoor dining area, whichever is less). Page 37 of 54 Page 38 of 54 lii �j; �"'l• c., wJ Minimum of 3 spaces regardless of size. 17. Full service restaurants 1 space for each 75 square feet of dining area, including outdoor dining areas (Parking for outdoor dining areas is required only for the portion that exceeds 200 square feet or 20 percent of the indoor dining area, whichever is less), and 1 space for each 250 square feet of non dining areas. Minimum of 3 spaces regardless of size. 18. Cafes a. Which equal 20 percent or less of 1 space for each 300 square feet the gross floor area of a multi -tenant shopping center, office development or the commercial portion of a mixed-use development b. Any portion of a cafe or any 1 space for each 75 square feet, including cumulative floor area of multiple outdoor areas if outdoor dining area exceeds cafes which exceed 20 percent of a 200 square feet multi -tenant shopping center, office development, or the commercial portion of a mixed-use development 19. Food -to -go uses 1 space for each 300 square feet, with a minimum of 3 spaces INDUSTRIAL USES 20. Light Industrial 1 space for each 500 square feet for the first a. Light Manufacturing, 50,000 square feet b. Research and development 1 space for each 1,000 square feet for the area (includes office with on site testing in excess of 50,000 square feet facilities) c. High and medium bay labs d. Light assembly and processing e. Wholesaling 1 space for each 300 square feet of office and/showroom area, plus parking as required for storage/warehouse areas Page 38 of 54 lii �j; �"'l• c., wJ 21. Heavy Industrial 1 space for each 500 square feet for the first a. Extraction of raw materials and 50,000 square feet refining 1 space for each 1,000 square feet for the area b. Factories in excess of 50,000 square feet c. Generating stations d. Heavy Manufacturing 22. Warehousing and storage related 1 space for each 1,000 square feet for the first uses 20,000 square feet a. Warehouses and storage 1 space for each 2,000 square feet for the buildings second 20,000 square feet b. General storage 1 space for each 4,000 square feet for the area c. Freight forwarding in excess of 40,000 square feet d. Warehousing and distribution e. Transfer, trucking yards or terminals 23. Mini -storage, personal storage 5 spaces minimum, plus 1 space per 50 storage units or 5,000 square feet 24. Data centers 1 spaces for each 3,500 square feet VEHICLE -RELATED SERVICES 25. Vehicle maintenance/repair, 2 spaces for each service stall plus 2 spaces for accessories installation, and body office shops Additionally, a parking plan must be submitted for automobile service uses that include limited automobile sales. The plan must demonstrate that the area for the display of automobiles for sale will not encroach into required setbacks, parking spaces, driveways, drive aisles, vehicle backup areas, landscaping, and any other required use areas as required by this code. 26. Car washes a. Full Service 10 spaces minimum or 1.5 spaces per 1,000 square feet, whichever is greater, plus 3 space queuing lane ahead of each wash lane. b. Self Service 11 space minimum per washing stall c. Automated, and/or accessory to 2 space minimum, plus queuing space for 3 service/gas station vehicles ahead of each wash lane 27. Service stations 3 spaces minimum or 1 space per 300 square Page 39 of 54 Page 40 of 54 feet of office/retail area, whichever is greater Note: repair bays, washing stalls, vacuum stalls, and fuel pump spaces do not count toward required parking. IF - SCHOOLS -EDUCATIONAL INSTITUTIONS 28. Pre-school, elementary through junior high level 1 space for each 1 classroom, plus 1 space for each employee and faculty member 29. High school level 7 spaces per classroom plus auditorium or stadium parking requirements 30. Adult level, college, business and trade 1 space for every 50 square feet of gross floor area or 1 space for every 3 fixed seats - whichever is greater; or, as modified by a parking demand study PUBLIC ASSEMBLY 31. Assembly Hall a. With fixed seats 1 space for every 4 seats b. Without fixed seats 1 space for every 35 square feet of floor area used for assembly purposes RECREATIONAL USES 32. Arcades — Primary use (more than 3 games/computers) 1 space for each 250 square feet 33. Billiard parlors/pool halls — Primary use (more than 2 tables) 1 space for each 100 square feet 34. Bowling alleys 4 spaces for each lane, plus parking for other uses 35. Batting cages 112 spaces for each cage Page 40 of 54 B. Bicycle Spaces Required. Use I INumber Of Bicycle Spaces Required 36. Single-family and None two-family dwellings 37. Multiple -Family 10% of the required vehicle parking spaces for projects with 6 Residential or more units 38. Nonresidential A minimum of 4 spaces for buildings up to 15,000 square feet, plus a minimum of 5% of the required vehicle spaces for the portion above 15,000 square feet Maximum of 25 spaces. The Director of Planning and Building Safety may approve administrative adjustments to reduce or eliminate the requirement for bicycle spaces as provided in Chapter 24 (Adjustments) of this Title. C. Reductions in the Number of Required Parking Spaces. 1. Reductions for Single Uses. a) The Director of Planning and Building Safety may approve an administrative adjustment to the required number of parking spaces for any use up to a maximum of ten percent (10%) or 20 parking spaces, whichever is less, based on the submittal of a parking demand study. The Director of Planning and Building Safety may refer any such request to the Planning Commission for review. b) The Planning Commission may approve a reduction of the required number of parking spaces in any zone for any use, up to a maximum of twenty (20%), based on the submittal of a parking demand study. c) Parking studies submitted in conjunction with requests for reductions must include, without limitation, information specifying the number of employees, customers, visitors, clients, shifts, deliveries, parking spaces, or other criteria established by the Director of Planning and Building Safety . 2. Reductions for Joint/Shared Uses. a) The Director of Planning and Building Safety may approve an administrative Page 41 of 54 5 adjustment to reduce the required number of parking spaces in any zone for uses that share parking facilities for a maximum of ten percent (10%) or 20 parking spaces, whichever is less, based on the submittal of a parking demand study. The Director of Planning and Building Safety may refer any request for an administrative adjustment from the required number of parking spaces to the Planning Commission for review. b) The Planning Commission may approve a reduction of the required number of parking spaces in any zone for uses that share parking facilities with significantly different peak hours of operation for a maximum of twenty (20%), based on the submittal of a parking demand study. c) Requests for shared and/or joint uses are subject to the following requirements: i. A parking study must be submitted by the applicant demonstrating that there will not exist substantial conflict in the peak hours of parking demand for the uses for which joint use is proposed; ii. the number of parking stalls which may be credited against the requirements of the structures or uses involved must not exceed the number of stalls reasonably anticipated to be available during differing hours of operation; and iii. a written agreement, in a form approved by the city attorney, must be executed by all parties concerned assuring the continued availability of the number of stalls designed for joint use. 3. Sites with Transportation Systems Management Plans. The number of required parking spaces in Section 15-15-6 of this Chapter (Required Parking Spaces) may be modified subject to approval of a transportation systems management plan submitted pursuant to the procedures and requirements of Chapter 16 (Developer Transportation Demand Management) or Chapter 17 (Employer/Occupant Transportation Systems Management) of this Title. 4. Reduction in Parking Due to Disabilities Upgrade. When required solely as needed to upgrade existing parking facilities to comply with the Americans with Disabilities Act (A.D.A.), Title III and California Code of Regulations (CCR), California Access Code, Title 24, the total number of parking spaces may be reduced at the discretion of the Director of Planning and Building Safety . D. Parking of Licensed Recreational Vehicles and Habitable Vehicles. 1. Parking of any mobile home, camper, house trailer or other habitable vehicle Page 42 of 54 outside of an authorized mobile home park or licensed recreational vehicle parking facility is prohibited except that such vehicles may be parked on any public property or right of way subject to any applicable parking restrictions of this code, or on any developed residential lot as long as the vehicle, if parked in a front yard, is parked on a nonporous surface pad adequate to accommodate the parked vehicle. 2. A habitable vehicle parked on private property may be occupied for residential purposes for no longer than seventy two (72) hours (outside of an authorized mobile home park) within any thirty (30) day period. No habitable vehicle may be occupied for commercial purposes except as otherwise provided by this code. 15-15-7: OFF-STREET LOADING SPACE STANDARDS A. General Provisions. 1. Applicability. Every building established, erected, enlarged or expanded for commercial, manufacturing or institutional purposes must provide loading space as set forth below. However, for any building or use enlarged or increased in capacity, additional loading spaces are required only for such enlargement or increase. All required loading spaces are in addition to the required on site parking spaces set forth in this chapter and must be developed and maintained in accordance with this chapter. Loading spaces may be provided either completely or partially within a building when such building is designated to include adequate ingress and egress to the loading spaces. Unless stated otherwise, loading requirements must be based on net floor area as defined in section 15-1-6 of this title. 2. Location. Loading spaces, with the exception of passenger loading spaces, must be located to the side or rear of buildings onsite whenever possible as determined by the Director of Planning and Building Safety. Loading spaces cannot interfere with vehicular and pedestrian circulation onsite. 3. Screening. Loading spaces must be appropriately screened from view from public streets. The screening may include decorative walls, landscaped berms, shrubs, trees and other landscaping, and any other screening methods deemed appropriate by the Director of Planning and Building Safety. B. Types and Dimensions of Loading Spaces. LOADING SPACE TYPES AND SIZES: Type JWidth I JLength Height Passenaer 1110 feet 20 feet 117 feet Page 43 of 54 1 28 Small Truck 12 feet 25 feet 14 feet Large truck 13 feet 50 feet 16 feet C. Number of Loading Spaces Required. NUMBER AND TYPE REQUIRED Offices (General, 0 spaces for buildings up to 1,000 square feet Medical, Dental and 1 small truck space for buildings 1,000 to 25,000 Clinics) square feet in size, 2 small truck spaces for buildings 25,001 to 100,000 square feet in size, 2 small and 1 large truck space for buildings 100,001 to 250,000 square feet in size, plus 1 large truck space for every 100,000 above 250,000 square feet up to 3 large truck spaces. Hotels, Motels, 1 small truck space for buildings up to 25,000 square Hospitals, and feet in size Institutional Uses 2 small truck spaces and 2 passenger spaces for buildings 25,001 to 100,000 square feet in size, plus 1 large truck space and 1 passenger space for each additional 100,000 square feet or fraction thereof above 100,000 square feet Industrial, Manufacturing, 1 small truck space for buildings up to 25,000 square warehousing and storage feet in size, related uses (except data 1 small and 1 large truck space for buildings 25,000 centers and to 100,000 square feet in size, plus personal/mini storage) 1 large truck for each additional 100,000 square feet over 100,000 square feet in size Data Centers 1 [Tsmall truck space Personal/mini storage 1 small truck space per 100 units Eating and Drinking 1 small truck space for buildings between 3,000 and Establishments 25,000 square feet in size, 1 small and 1 large truck space for buildings over 25,000 square feet Retail Sales and 1 small truck space for buildings between 1,000 to Services 25,000 square feet in size, 1 small truck and 1 large truck space for buildings between 25,001 and 50,000 square feet in size, Page 44 of 54 D. Administrative Adjustments and Adjustments. 1. The Director of Planning and Building Safety may approve administrative adjustments to the Types and Dimensions of Loading Spaces as provided in Chapter 24 (Adjustments) of this Title. 2. The Director of Planning and Building Safety may approve adjustments to the Number of Loading Spaces Required as provided in Chapter 24 (Adjustments) of this Title." SECTION 20: ESMC § 15-16-2 is amended to add subsection D to read as set forth below; existing subsection D is renumbered to subsection E: Page 45 of 54 289 1 small truck and 2 large truck spaces for buildings between 50,001 and 100,000 square feet, plus 1 large truck space for each 100,000 square over 100,000 square feet Fitness Centers, Gyms, 0 spaces for buildings 0 to 5,000 square feet in size Health Clubs 1 small truck space for buildings over 5,000 square feet in size Vehicle -Related Services 1 small truck space for buildings between 3,000 and 25,000 square feet in size, 2 small truck spaces for buildings between 25,000 and 100,000 square feet in size, 2 small truck spaces and 1 large truck space for each additional 100,000 square feet above 100,000 square feet in size Schools — Educational 2 passenger spaces for 1 to 50 students, plus Institutions 1 passenger space for each 50 students above 50 and 1 small truck space minimum Day Care Centers 1 passenger space for 1 to 25 children 2 passenger spaces for 26 to 50 children, 3 passenger spaces for over 50 children. Mixed-use, campus style The loading requirements shall be the combined total projects of each building/use. USES NOT LISTED Based on most similar listed use or a parking study, as determined by the Director of Planning and Building Safety. D. Administrative Adjustments and Adjustments. 1. The Director of Planning and Building Safety may approve administrative adjustments to the Types and Dimensions of Loading Spaces as provided in Chapter 24 (Adjustments) of this Title. 2. The Director of Planning and Building Safety may approve adjustments to the Number of Loading Spaces Required as provided in Chapter 24 (Adjustments) of this Title." SECTION 20: ESMC § 15-16-2 is amended to add subsection D to read as set forth below; existing subsection D is renumbered to subsection E: Page 45 of 54 289 "15-16-2: APPLICABILITY OF REQUIREMENTS: D. Existing developments: Existing nonresidential developments regardless of size may voluntarily comply with the development standards and receive reductions in the total number of required parking spaces as provided in Section 15-16-3, subject to the monitoring provisions in Section 15-16-4. E. Maintenance: All facilities and improvements constructed or otherwise required must be maintained in a state of good repair." SECTION 21: ESMC § 15-16-3 is amended to read as follows: "15-16-3: DEVELOPMENT STANDARDS: A. Twenty Five Thousand Square Feet: Nonresidential development of twenty five thousand (25,000) square feet or more and all projects within the Urban Mixed -Use Zone must provide the following to the satisfaction of the Director of Planning and Building Safety: a bulletin board, display case or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in the area must include, but is not limited to, the following; 1. Current maps, routes and schedules for public transit routes serving the site; 2. Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and locate transit operators; 3. Ridesharing promotional material supplied by commuter -oriented organizations; 4. Bicycle route and facility information including regional/local bicycle maps and bicycle safety information; and 5. A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site. B. Fifty Thousand Square Feet: Nonresidential development of fifty thousand (50,000) square feet or more must comply with subsection A of the Section, and must provide all of the following measures to the satisfaction of the Director of Planning and Building Safety. 1. Preferential Parking: Not less that fifteen percent (15%) of employee parking areas must be designated as preferential parking and must be located as close as is practical to the employee entrance(s) without displacing handicapped and customer Page 46 of 54 parking needs. This preferential carpool/vanpool parking area must be identified on the site plan upon application for building permit, to the satisfaction of the Director of Planning and Building Safety. A statement that preferential carpool/vanpool spaces for employees is available, and a description of the method for obtaining such spaces must be included on the required transportation information board. Projects may reduce the total number of required parking spaces by one vehicles space for every one space which is marked and reserved for preferential parking, up to a maximum of ten percent (10%), upon application to and approval by the Director of Planning and Building Safety. 2. HOV Loading Area: A safe and convenient zone must be provided in which high occupancy vehicles (vanpools and carpools) may deliver or board their passengers. This staging area must provide adequate space for passenger loading, unloading and waiting, which does not interfere with on-site circulation patterns. When located within a parking structure, a minimum vertical interior clearance of seven feet two inches (7'2") or the minimum required by the California Building Code, whichever is greater, must be provided for the loading area in accessways to be used by such vehicles. Adequate turning radii and parking spaces dimensions must also be included in HOV loading areas. 3. Vanpool Access: Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of seven feet two inches (7'2") or the minimum required by the California Building Code, whichever is greater, must be provided for those spaces and accessways to be used by such vehicles. Adequate turning radii and parking space dimensions must also be included in vanpool parking areas. 4. On -Site Amenities Or Shuttle: In order to reduce the need for employees to drive personal vehicles for midday activities, the project must provide any one or more of the following measures which together must be sized to accommodate during the course of the business day at least twenty percent (20%) of the on-site population: a. On-site amenities. b. Guaranteed operation of a privately operated midday shuttle serving the project site for the life of the project. A reduction in the total number of required parking spaces of up to one percent (1 %) must be permitted, based on the extent of the amenities, upon application to and approval by the Director of Planning and Building Safety. 5. Bicycle Facilities: Bicycle racks or other secure bicycle parking spaces must be provided according to Chapter 15 of this Title (Off -Street Parking and Loading Spaces). A bicycle parking facility may also be a fully enclosed space or locker Page 47 of 54 291 accessible only to the owner or operator of the bicycle, which protects the bike from inclement weather. Specific facilities and location (e.g., provision of racks, lockers, or locked room) must be provided to the satisfaction of the Director of Planning and Building Safety. 6. Shower And Lockers (Optional): Projects may provide shower and locker facilities for bicycle riders, motorcycle riders, and pedestrians. If these facilities are provided, the number of preferential parking spaces may be reduced by up to there percent (3%) and the total number of required spaces may be reduced up to one percent (1%) based on the extent of facilities, upon application to and approval by the Director of Planning and Building Safety. 7. Transit Support Facilities (Optional): Projects may provide facilities which will promote transit use. If transit facilities are provided, the number of preferential parking spaces may be reduced by up to five percent (5%), and the total number of required spaces may be reduced up to one percent (1%) for provision of bus transit facilities, and up to two and one-half percent (2 '/z%) for rail transit, upon application to an approval by the Director of Planning and Building Safety. C. One Hundred Thousand Square Feet: Nonresidential development of one hundred thousand (100,000) square feet or more must comply with subsection A and B of this Section, and must provide all of the following measures to the satisfaction of the City: 1. Sidewalks or other designated pathways following direct safe routes from the external pedestrian circulation system to each building in the development. 2. If determined necessary by the City to mitigate the project impact, bus stop improvement must be provided. The City will consult with the local bus service providers in determining appropriate improvements. When location of bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transits stations/stops. 3. Safe and convenient access from the external circulation system to bicycle parking facilities on-site." SECTION 22: ESMC § 15-17-5 is amended to read as follows: "15-16-5: ENFORCEMENT: The Director of Planning and Building Safety or his/her representative is hereby designated as the enforcing agent of this Chapter and any amendments thereto pursuant to Section 15-1-14 of this Title." SECTION 23: ESMC § 15-17-5 is amended to read as follows: Page 48 of 54 292 15-17-5: REQUIREMENTS: Employer/occupants must be required to prepare a TSM plan for submittal to the Director of Planning and Building Safety according to the compliance schedule established in accordance with Section 15-17-7 of this Chapter. The applicant shall have discretion to select among a range of program measures. However, the following minimum measures shall be included: A. Employee transportation coordinator (ETC). B. Informational and promotional programs. C. Establish and administer preferential parking program. D. Develop and administer a personalized ridesharing program with a target trip reduction of either twenty percent (20%) reduction in the base traffic generation level projected for the work site based on the Institute of Transportation Engineers Trip Generation, Seventh Edition, or most current Edition, or other source submitted by the applicant and approved by the Director of Planning and Building Safety, or target average vehicle ridership (AVR) of 1.43 employees per commute vehicle, which represents a twenty percent (20%) increase in vehicle ridership from the estimated baseline AVR. E. Monitoring and report to the Director of Planning and Building Safety once every three (3) years. The report must include, but need be limited to: 1) the name and phone number of the ETC; 2) the number of employees at the work site during the normal business hours; 3) the estimated number of vehicles used for commuting (excluding public transit); 4) an identification of any objectives in the approved TSM plan which have not been achieved; 5) a description of proposed measures to remedy any deficiencies." SECTION 24: ESMC § 15-17-6 is amended to read as follows: "15-17-6: PARKING INCENTIVES: Existing employers may petition the Director of Planning and Building Safety for approval of parking reductions in on- and off-site locations commensurate with the level of trip reduction proposed (up to a maximum of 15 percent). A condition of approval must be submittal of a TSM plan and the applicant shall enter into a written agreement with the City, providing that the applicant and all successors in interest shall implement and maintain the approved TSM plan or a subsequently approved TSM plan which complies with the intent of this Chapter for the life of the project. The agreement must be in a form that may be recorded and contain covenants which run with the land." SECTION 25: ESMC § 15-17-7 is amended to read as follows: "15-17-7: IMPLEMENTATION AND ADMINISTRATION: Page 49 of 54 A. Compliance Schedule: Implementation must be through a permit system administered by the Planning and Building Safety Department. The Director of Planning and Building Safety shall establish a phased compliance schedule with priority given to: 1) new businesses; 2) business license renewals for companies employing one thousand (1,000) or more persons; 3) business license renewals with five hundred (500) or more employees; 4) business license renewals with two hundred (200) or more employees. Companies with more than one business address shall be permitted to file one TSM plan to cover all sites. The Director of Planning and Building Safety must also establish a compliance schedule for multi -tenant complexes, based on total complex size. B. Notice: The Planning and Building Safety Department must mail notice of requirements to all businesses requiring a permit, based on the compliance schedule. Notified parties must submit their proposed TSM Plan to the Director of Planning and Building Safety within forty five (45) days of receipt of notification. A filing fee may be -established by Council resolution to cover the cost of program administration. The Director of Planning and Building Safety must administratively review the TSM plan and determine whether it reasonably complies with trip reduction objectives and standards specified herein. C. Compliance Audit: The Director of Planning and Building Safety shall have the authority to require a compliance audit to be prepared by any employer or complex coordinator upon demonstration of a reasonable basis for complaint relative to noncompliance with an approved TSM plan. No compliance audit shall be required more often than once every twelve (12) months. Said audit must be submitted to the Director of Planning and Building Safety within thirty (30) days of his request." SECTION 26: ESMC § 15-17-8 is amended to read as follows: "15-17-8: OFF-SITE PARKING: Employers may, upon application and approval of the Director of Planning and Building Safety, use off-site parking as part of their TSM plans. Off-site parking must comply, at a minimum, with the following requirements: A. A minimum of fifty percent (50%) of all required parking must be provided on-site; B. Transportation from the satellite lot to the workplace must be detailed as part of the TSM plan; and C. Satellite lots must be tied to the site development that they are meeting the parking requirements of, through a legal instrument, such as a covenant or deed restriction." Page 50 of 54 �;94 SECTION 27: ESMC Chapter 15-24 is amended to read as follows: "CHAPTER 24 ADJUSTMENTS SECTION: 15-24-1: Granting 15-24-2: Procedure 15-24-3: Setting For Hearing 15-24-4: Necessary Findings 15-24-5: Conditions 15-24-6: Administrative Review 15-24-7: Hearing 15-24-8: Notification And Planning Commission Review 15-24-9: Appeals 15-24-1: GRANTING: Whenever a strict interpretation of the provisions of this Title or its application to any specific case or situation pertaining to the following items would result in the unreasonable deprivation of the use or enjoyment of property, an adjustment or an administrative adjustment may be granted, subject to the following restrictions. Adjustments may be granted to allow: A. A fence, wall, or hedge up to a maximum height of eight feet (8'). B. Architectural landscape features which exceed the standards set forth in Section 15-2-14 of this Title. C. Signs which exceed the standards set forth in Chapter 18 of this Title. D. Noise permits which exceed the standards set forth in Section 7-2-11 of this Code. E. Parking and loading space standards as set forth in Chapter 15 of this Title. 15-24-2: PROCEDURE: The applicant for an adjustment shall apply in letter form, stating the type of adjustment desired and explaining that the strict interpretation of this Title would result in the unreasonable deprivation of the use or enjoyment of his property. The applicant must submit the application with the required filing fee to cover the cost of investigation and processing. 15-24-3: SETTING FOR HEARING: The Director of Planning and Building Safety Page 51 of 54 ��r must set an adjustment request for public hearing by mailing notice thereof to the applicant and the owners of abutting property by first class mail at least ten (10) days prior to the hearing. The requested adjustment must be heard before the Director of Planning and Building Safety or his/her designated representative. 15-24-4: NECESSARY FINDINGS: No adjustment shall be granted unless the following findings are made: A. That the proposed adjustment would not be detrimental to the neighborhood or district in which the property is located; B. That the proposed adjustment is necessary in order that the applicant may not be deprived unreasonably in the use or enjoyment of his property; and C. That the proposed adjustment is consistent with the legislative intent of this Title. 15-24-5: CONDITIONS: Whenever any adjustment is granted, the Director of Director of Planning and Building Safety or his/her designated representative must impose such conditions as may be necessary to safeguard the interests of the neighborhood or district, and in all cases impose the following conditions: A. That the adjustment shall not become effective until seven (7) days from the granting thereof has elapsed or, if an appeal is filed or a review called, until final determination has been made on the appeal or review. B. That the adjustment shall become null and void if the privileges granted thereunder has not been utilized within one hundred eighty (180) days from the effective date thereof. 15-24-6: ADMINISTRATIVE ADJUSTMENT: Requests for administrative adjustments must be reviewed by the Director of Planning and Building Safety or his/her designated representative. A decision on an administrative adjustment must be made and mailed to the applicant within ten working (10) days after the application is deemed complete. The Director's decision is final unless appealed as provided by Chapter 25 of this Title. Notwithstanding any other provision of this chapter, no public hearing or notification is required for administrative adjustments. Administrative adjustments may be granted to allow: A. Parking and loading space standards as set forth in Chapter 15 of this Title. 15-24-7: HEARING: A determination on an adjustment must be made by the Director of Planning and Building Safety or his/her designated representative within ten (10) days after the hearing. Page 52 of 54 15-24-8: NOTIFICATION AND PLANNING COMMISSION REVIEW: Copies of the findings and decision of the Director of Planning and Building Safety must be mailed to each member of the Planning Commission and to the applicant. Written determinations on adjustments, made by the Director of Planning and Building Safety or his/her designated representative, must be placed as receive and file items on the next available agenda of the Planning Commission. Any Planning Commissioner may request that an item be discussed and a decision on the application be made by the Planning Commission instead of received and filed. No decision of the Director of Planning and Building Safety is final until the decision is received and filed or acted upon by the Planning Commission or upheld on appeal. 15-24-9: APPEALS: All appeals must be processed as provided by Chapter 25 of this Title." SECTION 28: Environmental Assessment. The City Council determines that the proposed ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "State CEQA Guidelines") because it consists only of minor revisions and clarifications to an existing zoning code and specification of procedures related thereto and will not have the effect of deleting or substantially changing any regulatory standards or findings required therefor. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, but rather will help reduce the overall transportation and circulation impacts of new and modified parking and loading facilities and ensure that adequate parking and loading facilities are provided. Accordingly, the proposed Ordinance constitutes a Class 1 (existing facilities), Class 3 (new construction or conversion of small structures), Class 5 (minor alteration in land use limitations), and Class 11 (accessory structures) categorical exemption. SECTION 29: Repeal of any provision of the ESMC herein 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 30: 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 31: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of EI 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 Page 53 of 54 to be published or posted in accordance with California law. SECTION 32: This Ordinance will become effective on the thirty-first (31st) day following its passage and adoption. PASSED AND ADOPTED this 3rd day of August, 2010. Eric Busch, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, 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 said City is five; that the foregoing Ordinance No. 1444 was duly introduced by said City Council at a regular meeting held on the 20th day of July, 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 3rd day of August, 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\Planning-Old\PROJECTS (Planning)\751-775\EA-755\City Council 06152010\EA 755 Parking and Loading CC Ordinance.08.03.10.doc Page 54 of 54 ':11r EL SEGUNDO CITY COUNCIL MEETING DATE: August 3, 2010 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding a request from Mattel, Inc. to allow two temporary five hundred four (504) square -foot "Special Event Signs" on the south side of the parking structure located at 333 Continental Boulevard. Applicant: Mattel, Inc. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Approve Mattel's request to maintain two temporary oversized five hundred four (504) square -foot banners classified as "Special Event Signs" for a period of sixty five (65) days beginning August 24, 2010 and ending October 27, 2010; and/or 2. Alternatively, discuss and take other possible action related to this item ATTACHED SUPPORTING DOCUMENTS: 1. Letter of request from Mattel, Inc. dated July 20, 2010 2. Site Plan 3. Proposed Sign Elevation 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, Directoro anning and Building�afet"y APPROVED BY: Jack Wayt, City Manager %� BACKGROUND AND DISCUSSION: I. Background The corporate office building and parking structure for Mattel is located at 333 Continental Boulevard. Mattel is requesting approval for two temporary five hundred four (504) square -foot banners that are classified as "Special Event Signs." The signs will be installed for Mattel's "World Wide Fall Toy Fair Event." Mattel is requesting to maintain the signs for sixty five days for two "Trade Show" events to be held August 27, 2010 through September 17, 2010 and October 5, 2010 through October 24, 2010. The requested sixty-five day period will provide sufficient time to cover the two events and the time needed to arrange installation and removal of the signs. The proposed signs when combined total 1,008 square feet in area, which is 9% of the building face and pursuant to ESMC §15-18-8(H) large signs greater than 500 square feet in area require city council approval. 1 1 2yri The surrounding land uses are commercial as follows: II. Analysis ESMC §15-18-8 (I)(1) allows temporary "Special Event Signs" up to one hundred (100) square feet in area and for a maximum period of 120 days. The two signs will be currently located on the south side of the parking structure facing Grand Avenue mounted 22 feet from the ground. Each sign measures 14'-0" in width and 36'-0"in height. The two signs are printed on fire resistant valmex mesh with grommets every 24 inches apart and are installed using the existing steel cable rig anchored to the concrete walls of the parking structure. The signs display the profile view of a Barbie doll and a Ken doll to reflect this year's Toy Fair theme. ESMC §15-18-8(B) allows temporary or permanent "Freestanding Building Signs" that do not exceed 5% of each building face. The parking structure is 76'-0" high and 146'-0" wide totaling 11,096 square feet in area. Based on the dimensions provided, the maximum signage area permitted for the south elevation of the freestanding parking structure would be 554.8 square feet of area. The combined total area proposed for the two Special Event signs exceeds the maximum permitted area that can be approved administratively by code. Although the second sign could be placed on another fagade of the parking structure to remain below the maximum permitted 5% area limit, this fagade is the main entry to the parking structure and is the only fagade visible from any street frontage. The east fagade of the parking structure facing Continental Boulevard is not visible from the street, as it is blocked by the main corporate office building for Mattel. Consistent with direction from City Council at their April 21, 2009 meeting, Mattel, Inc. is requesting approval for temporary signs that exceed 500 square feet in area for special events. At the April 21, 2009 meeting, City Council approved two signs identical in size, configuration, material and location as the signs proposed for this year's Toy Fair. III. Environmental Review The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Categorical Exemption Section 15301(g), Class 1, as a new copy on existing on -premise sign. The project consists of two temporary five hundred four (504) square - foot banner signs on an existing parking structure. The project is not anticipated to have any significant impacts with regard to traffic, noise, air quality, or water quality. 2 Land Uses Zone North: Parking lot and commercial office CO South: Hotel CO East: Commercial office CO West: Commercial office CO II. Analysis ESMC §15-18-8 (I)(1) allows temporary "Special Event Signs" up to one hundred (100) square feet in area and for a maximum period of 120 days. The two signs will be currently located on the south side of the parking structure facing Grand Avenue mounted 22 feet from the ground. Each sign measures 14'-0" in width and 36'-0"in height. The two signs are printed on fire resistant valmex mesh with grommets every 24 inches apart and are installed using the existing steel cable rig anchored to the concrete walls of the parking structure. The signs display the profile view of a Barbie doll and a Ken doll to reflect this year's Toy Fair theme. ESMC §15-18-8(B) allows temporary or permanent "Freestanding Building Signs" that do not exceed 5% of each building face. The parking structure is 76'-0" high and 146'-0" wide totaling 11,096 square feet in area. Based on the dimensions provided, the maximum signage area permitted for the south elevation of the freestanding parking structure would be 554.8 square feet of area. The combined total area proposed for the two Special Event signs exceeds the maximum permitted area that can be approved administratively by code. Although the second sign could be placed on another fagade of the parking structure to remain below the maximum permitted 5% area limit, this fagade is the main entry to the parking structure and is the only fagade visible from any street frontage. The east fagade of the parking structure facing Continental Boulevard is not visible from the street, as it is blocked by the main corporate office building for Mattel. Consistent with direction from City Council at their April 21, 2009 meeting, Mattel, Inc. is requesting approval for temporary signs that exceed 500 square feet in area for special events. At the April 21, 2009 meeting, City Council approved two signs identical in size, configuration, material and location as the signs proposed for this year's Toy Fair. III. Environmental Review The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Categorical Exemption Section 15301(g), Class 1, as a new copy on existing on -premise sign. The project consists of two temporary five hundred four (504) square - foot banner signs on an existing parking structure. The project is not anticipated to have any significant impacts with regard to traffic, noise, air quality, or water quality. 2 IV. Conclusion Planning staff recommends approval to allow two temporary Special Event signs on the parking garage at 333 Continental Boulevard for a period of sixty five days beginning August 24, 2010 and ending October 27, 2010. \\CH3K03\SP:\Planning 8 Building Safety\0 Planning - Old\PROJECTS (Planning)\876-900\EA-882\2010.EA•882.333 Continental Blvd. CC SR.doc 301 Di`,Eli A [ 1 F. Lf 1 ti ( <Gr ['.i EV L ;[Gi ,,r)G, CA :GRNiA 902: P,, (3"r,) 25? F . {jlc 252..x1, G Planning and Building Safety Dept. July 20, 2010 EI Segundo City Council c/o Greg Carpenter Director, Planning & Building Safety Department City of EI Segundo City Hall, 350 Main Street EI Segundo, CA 90245-3813 To Honorable Members of the EI Segundo City Council: It's that time of year again when we prepare to welcome guests to our campus for "Toy Fair" events; we are always excited about the opportunities it presents for our business. In connection with those events, we'd like to again request the City's permission to add signage to the South facing wall of our parking garage. As we noted with the Barbie 50`h anniversary signage last year, the signage is near invisible from the street, and not commercial in nature, in that it is not intended to solicit activity at our retail establishment, for example. Rather, it is intended to welcome visitors to our on campus special events and enhance their experience, for example, while they walk from the nearby DoubleTree Hotel or our corporate offices to the Conference Center. These special events are held on our campus twice a year, and drive significant out of town guest. traffic to EI Segundo. They are an important opportunity to showcase the company and its product offerings to our key partners, as well as prospective partners. The fall line-up includes: ➢ Key Account Meetings 8/27-9/17 ➢ Fall Toy Fair (exact dates tentative) 10/05 - 10/23-24 To ensure we cover both events with time for set-up and tear down, we would like to respectfully request a 65 day period for the signage. While we realize this is a somewhat unusual length of time, given the proximity of the events, such a permit would help Mattel minimize costs involved with un -installing and re -installing the signage, which as you can imagine, takes on additional significance in these times. Attached is a site plan for the proposed banners, as well as graphic rendering of the proposed design, dimensions, material, as well as attachment details, for your and the City Council's review and approval. We appreciate the City's concerns expressed in past years over setting a precedent with permanent signage, but hope you would agree this proposed temporary signage would only enhance the EI Segundo experience for our Toy Fair visitors. Please do let us know if we can assist further, and/or provide additional background. We look forward to working with the City toward a mutually beneficial resolution of this matter, building on our many years of excellent working relationship. In advance, thank you for your consideration. Sincerely, Deborah Dicochea t't Associate Manager, Mattel Children's Foundation/Community Relations 90M VOopu oS 13 OtOZ ZZ L L'lOU enu@AVpua,Olae3S96L :20@jppV NVId 3115jolank c N woajyoypwVObpun BQS 13 ZBLE-ZSZ-OtC:xwj Lt6C-ZGZ-OLE:fuo4d PMy 1elueuJU03CCC M3NNVs a3SOdOMd m N c � ..- NOSH3ONV 311UVHO :ow*N St1dWVO 131.LVV4c :NOI1VWHOdNIi3V1NO3 :311N3A MZ AIS3 o O V- C) O O (� O r O 6 O ui 0 W CL CL \ Q W cl. / T��AM CL ui w U) z W o Z v a ZW uj z Ix p zi ® O m W Z UL W LLJ < 0 o � v a.z a z ui U F wZ O i n• CO O W O w U a co 8 a '3AV ON"E) r N LL F- ui olo enueny pue�O lae3 SS6, *sso�PPd 'opun6eSS89NNve alinionHIS °JNINaNd i w071e1jewou0suepueepieya:Baw3 d013 ZBIE•NZ-OM:xad L16E-ZGZ•OIE:Suo4d PM4lelueulluOoEEE NOSU30NV 31121dH0 :awaN Sf1dWd01311dW = 6 60Z �1S3 3 H •• y �NOI1VW210dNIlOV1N00 �3f1N3A X CW L J co wa � N� fAW of W� w co LC Z 52 O au! 0 LA. i irW(5` Ezra � CL W H Z O Uw -> z OZO 1QQ-QZw Ja�jd <t a- X w ti.'t Lu ZD I -WW= N ZE...to= = CA ..Q 04 w ��U) WQ••oxco U Qr i- W / ZZ :D ZWZOCD W�wZ Zoo=W N �� w m J Q U�=QZm�~tr3°°Ix o O �> WC) �Zoo X�OWO Q Q J Mm azofo F-ou-aza. w< -U U- �aQa cczW W Q }- F- xmcn< o ,---<M< LU W O U w o W N LU W5 � W � , z O 1- w w H D O U) O p O r O O (� SV7 rl- 0o > C] 0W a CL > ¢W Of w w z z Q m w w H V H U) a z Y Q a J LL coQ m V+ V N w J • r Lu UU O 04 0 4 = N �� w @z Q W 0 o O �Q Z O Q Q J � C9 W Q }- F- UJ gp LU W O Z Z c X `W M Zt LLJ O @) LL U O p O r O O (� SV7 rl- 0o > C] 0W a CL > ¢W Of w w z z Q m w w H V H U) a z Y Q a J LL coQ m V+ V N w EL SEGUNDO CITY COUNCIL MEETING DATE: April 7, 2010 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to adopt a resolution setting a public hearing on August 17, 2010 for Council consideration of a franchise agreement with Golden State Water Company to distribute potable water in the City of El Segundo. (Fiscal Impact: 2% of gross annual receipt of Applicant arising from the use, operation or possession of the franchise.) RECOMMENDED COUNCIL ACTION: 1. Adopt the draft resolution 2. Alternatively, discuss and take other action related to this item ATTACHED SUPPORTING DOCUMENTS: Resolution 2. Golden State Water Company Application for Franchise Agreement FISCAL IMPACT: None Amount Requested: $ Additional Appropriation: No Account Number(s): ORIGINATED BY: Stephanie Katsouleas, Public Works Director 4 -— REVIEWED BY: Stephanie Katsouleas, Public Works Director APPROVED BY: Jack Wayt, City Manage BACKGROUND AND DISCUSSION: Golden State Water Company has applied for a franchise agreement with a twenty (20) year extension, ending on July 31, 2030, to provide water service within the City of El Segundo. Although El Segundo supplies potable water to virtually all of its local businesses and residents, adjacent water companies have historically provided primary and/or secondary service to those parcels located along the City's boundaries where the infrastructure is in place to do so. This most typically applies to parcels located along Aviation Blvd. and El Segundo Blvd. City Council must adopt the attached resolution setting the date and time for a public hearing to consider approval of the franchise agreement. Adoption of this resolution allows the public hearing to commence on August 17, 2010. 12 3u5 RESOLUTION NO. A RESOLUTION DECLARING THE CITY COUNCIL'S INTENT TO CONDUCT A PUBLIC HEARING ON AUGUST 17, 2010 REGARDING APPROVING A WATER DITRIBUTION FRANCHISE TO GOLDEN STATE WATER COMPANY AND EXTENDING THAT FRANCHISE FOR TWENTY (20) YEARS. The City Council does resolve as follows: SECTION 1: The City Council finds and declares that: On June 21, 2010, the City of EI Segundo received an application for a non- exclusive Franchise Agreement ("Water Distribution Franchise") with Golden State Water Company for a twenty (20) year period ending on July 31, 2030 to lay and use pipe, ditches, flumes, conduits and appurtenances for transmitting and distributing water for any and all purposes in, along, across, upon and under the public streets, ways, alleys and places as they now exist or may hereafter exist within the City of EI Segundo. SECTION 2: Pursuant to Public Utilities Code § 6232, the City Council declares its intent to conduct a public hearing on August 17, 2010 at 7:00 p.m. in the City Council Chambers at 350 Main Street, EI Segundo, to consider all oral and written testimony regarding the Water Distribution Franchise Agreement before determining whether to grant the Water Distribution Franchise to Golden State Water Company. SECTION 3: The City Clerk is directed to publish public notice of the public hearing (including all requirements set forth in Public Utilities Code § 6233) at least one time within fifteen (15) days after this Resolution is adopted in a newspaper of general circulation. SECTION 4: This Resolution will become effective immediately upon adoption and remain effective unless superseded by a subsequent resolution. PASSED AND ADOPTED this 3rd day of August, 2010. APPROVED AS TO FORM: Mark D. Hensley, City Attorney Karl H. Berger, Assistant City Attorney Eric Busch, Mayor Resolution No. Page 1 of 2 J11', CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, 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 resolution, being RESOLUTION NO. was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the day of 2006, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTENTION: NOT PARTICIPATING: WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of .2006. Cindy Mortesen, City Clerk Of the City of EI Segundo, California (SEAL) Resolution No. Page 2 of 2 3+-17 00 Golden State Water Company • • • • A Subsidiary of American States Water Company June 21, 2010 Jack Wayt, City Manager City of El Segundo 350 Main Street El Segundo, California 90245 Dear Mr. Wayt: Golden State Water Company, a California corporation, as Applicant, hereby applies for a franchise pursuant to Division 3, Chapter 2 of the Public Utilities Code of the State of California. (1) Name and Address of Applicant. Applicant's name and address is: Golden State Water Company . 630 East Foothill Blvd. San Dimas, California 91773-9016 (2) Purpose. The purpose of the franchise is to use or lay and use pipes, ditches, flumes, conduits and appurtenances for transmitting and distributing water for any and all purposes in, along, across, upon and under the public streets, ways, alleys and places as they now exist or may hereafter exist within the City of El Segundo. (3) Term. The term of the franchise so requested shall begin on August 1, 2010 and expire on July 31, 2030. This franchise shall be automatically extended for an additional five (5) years at the expiration of the initial term and any extended term thereafter, unless the City of El Segundo notifies Applicant in writing at least one hundred eighty (180) days prior to the expiration of the initial term or any extended term that the City has elected not to extend the franchise on the terms set forth therein. This franchise shall terminate prior to the end of the initial term or any extended term if (i) Applicant voluntarily surrenders or abandons the franchise with the consent of the California Public Utilities Commission, (ii) the State, municipal or public corporation duly authorized by law purchases by voluntary agreement or condemns and takes under the power of eminent domain all property actually used and useful in the exercise of this franchise and located within its territorial limits, or (iii) the franchise is forfeited for noncompliance with its terms by Applicant. Southwest District 1600 W Redondo Beach Blvd., Suite 101, Gardena, CA 90247 Tel: (800) 999-4033 Fax: (310) 438-6065 www.aswatercom June 21, 2010 Page 2 (4) Franchise Fee. If the franchise is granted to Applicant, Applicant will pay to the City for each full or fractional calendar year during the life thereof, in lawful money of the United States, a sum annually equivalent to two percent (2%) of the gross annual receipts of Applicant arising from the use, operation or possession of the franchise; provided, however, that such payment shall in no event be less that a sum annually equivalent to one percent (1%) of the gross annual receipts derived by Applicant from the sale of water within the limits of the City. We request that the franchise be granted by ordinance in the form which accompanies the form of resolution which we have prepared and submit herewith for your use if you desire to do so. Very truly yours, had Rezai Southwest District Manager EL SEGUNDO CITY COUNCIL MEETING DATE: August 3, 2010 AGENDA STATEMENT AGENDA HEADING: Council Member Carl Jacobson AGENDA DESCRIPTION: Consideration and possible action regarding Business License Tax. RECOMMENDED COUNCIL ACTION: 1. This item serves as a place holder. Currently meeting with businesses on this matter; 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: Amount Budgeted: Additional Appropriation: Account Number(s): ORIGINATED BY: REVIEWED BY: Carl Jacobson, Council APPROVED BY: Jack Wayt, City Manag BACKGROUND AND DISCUSSION: 13 3