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2010 SEP 21 - 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, SEPTEMBER 21, 2010 — 5:00 P.M. Next Resolution # 4681 Next Ordinance # 1447 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. 001 SPECIAL ORDER OF BUSINESS: CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a) -1- matter 1. City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter. APPOINTMENT AND PERFORMANCE EVALUATION OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -2- matters 1. Represented Group: Police Support Services Employees Association (PSSEA), City Employees Association (CEA), Firefighters Association (FFA), Police Managers Association (PMA), Police Officers Association (POA), Supervisory and Professional Employees (S &P) Negotiators: Jack Wayt, Bob Hyland and Richard Kreisler 2. Unrepresented Group: Management Confidential Group Negotiator: Jack Wayt CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters 002 2 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, SEPTEMBER 21, 2010 - 7:00 P.M. Next Resolution # 4681 Next Ordinance # 1447 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Pastor Wes Harding, El Segundo Foursquare Church PLEDGE OF ALLEGIANCE — Mayor Pro Tem Bill Fisher 003 3 PRESENTATIONS a. Proclamation inviting the community to observe Fire Prevention Week October 3 through October 9, 2010. b. Proclamation inviting the community to the Richmond Street Fair September 25, 2010. ROLL CALL PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. Recommendation — Approval. B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) 1. Consideration and possible action to open a public hearing and receive testimony regarding: 1) an Environmental Assessment for a Categorical Exemption; 2) a Zone Text Amendment amending the El Segundo Municipal Code ( "ESMC ") to establish regulations for assembly hall uses and to amend the permitted and conditionally permitted uses in various zones, and 3) a Specific Plan Text Amendment to amend the permitted and conditionally permitted uses within the Downtown Specific Plan. Applicant: City Initiated (Fiscal Impact: N /A) Recommendation — (1) Open the public hearing; (2) Discussion; (3) Introduce, and waive first reading of Ordinance for Zone Text Amendment No. 10 -05 and Specific Plan Text Amendment SPTA 10 -02; (4) Schedule second reading and adoption of Ordinance on October 5, 2010; (5) Alternatively, discuss and take other action related to this item. 004 4 2. Consideration and possible action to open a public hearing and receive testimony regarding: 1) approval of an Environmental Assessment for a proposed Statutory Exemption; and 2) adoption of Public Facilities Impact Fees for Police, Fire, Library, and Parks Facilities. Applicant: City Initiated (Fiscal Impact: Increased Fee Revenue from Police, Fire and Library Public Facilities Impact Fees and Establishment of New Parks Impact Fees) - Recommendation — (1) Open the public hearing; (2) Discussion; (3) Adopt a Resolution establishing Public Facilities Impact Fees; (4) Alternatively, discuss and take other action related to this item. 3. Consideration and possible action (Continued Public Hearing) regarding the Fiscal Year 2010 -2011 Budget (including all City Revenues and Expenditures), Five -Year Capital Improvement Plan and Adoption of Resolutions approving Appropriation Limit, Preliminary Budget as amended, and Capital Improvement Plan as amended. (Copies of the Fiscal Year 2010 -2011 Preliminary Budget can be found in the Library, City Clerk's office, and on the City's website.) (Fiscal Impact $106,476,600 in total appropriations; $95,666,700 in total estimated revenues and prior year designations of $10,809,900.) (Fiscal Impact: $106,476,600) Recommendation — (1) Continue Public Hearing and receive public testimony. Adopt the Resolution approving and adopting the Fiscal Year 2010 -2011 Operating Budget and the Five -Year Capital Improvement Budget; (2) Incorporate Exhibit A Fiscal Year 2010 -2011 Change List of Budget Revisions in all Funds" into the Adopted Budget and balance any fiscal year 2009 -2010 General Fund shortfall with Council- authorized budget - balancing options approved on August 17, 2010; (3) Adopt the Resolution approving and adopting the Appropriations Limit for fiscal year 2010 -2011, as presented; (4) Alternatively, discuss and take other action related to this item. 005 C. fBI UNFINISHED BUSINESS 4. Consideration and possible action regarding 1) Adoption of Ordinance No. 1442 to approve an Amendment to the contract between the Board of Administration of the California Public Employees' Retirement System (CaIPERS) and the El Segundo City Council providing Section 20903 (Two Years Additional Service Credit) for one classification in the City's Local Safety Members; 2) Adoption of a Resolution providing a designated Retirement Period for Section 20903, Two Years Additional Service Credit to include amended Exhibit A; and 3) Certification of Compliance with Government Code Section 20903; (Fiscal Impact: 1) Estimated increase in the City's PERS safety employer rate of .084% and an annual cost increase in FY 2012 -2013 of $14,000; 2) Salary savings based on the employee retiring during the designated retirement period of $282,726) Recommendation — (1) Waive Second Reading and Adoption of Ordinance No. 1442; (2) Adopt the Resolution Providing a Designated Retirement Period; (3) Certify Compliance with Government Code Section 20903; (4) Alternatively, discuss and take other action related to this item. 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 2578901 to 2579098 on Register No. 23 in the total amount of $1,074,934.08 and Wire Transfers from 08/27/10 through 09/09/10 in the total amount of $2,736.417.13. 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 September 7, 2010. Recommendation — Approval. 006 R 7. Consideration and possible action regarding approval of ongoing service agreements and blanket purchase orders for FY 2010 -2011 in excess of $25,000 and possible action to waive the formal bidding process and authorize the continued purchase of various agreements and services as described below. (Fiscal Impact: $1,154,200 General Fund, $31,000 Proposition A, $13,000 Asset Forfieture, $114,000 Water Enterprise Fund and $13,000 Wastewater Fund Recommendation — (1) Authorize staff to continue to purchase gasoline and diesel fuel for City vehicles and equipment through the use of spot market purchasing in an amount not to exceed $321,000 (General Fund); (2) Authorize the issuance of a blanket purchase order to Metron Farnier & Actaris in an amount not to exceed $100,000 in total for the purchase of single jet water meters for the City's water system (Water Enterprise Fund); (3) Authorize the issuance of a blanket purchase order to Blue Diamond Materials, a division of Sully Miller Contracting Company in an amount not to exceed $50,000 for the purchase of asphalt paving materials for Street Maintenance Division projects (General Fund); (4) Authorize the City Manager to extend ongoing service agreements with Baker & Taylor Information Services for supplying books and other library materials, and issuance of blanket purchase order not to exceed $61,000 (General Fund); (5) Authorize the City Manager to extend contract #2235 to Innovative Interfaces, Inc., for library computer network system maintenance and issuance of blanket purchase order not to exceed $30,000 (General Fund); (6) Authorize the City Manager to extend ongoing service agreements with J. Lee Engineering who provides plan check and inspection consulting services for the Building and Safety Division not to exceed $150,000 (General Fund); (7) Authorize the City Manager to extend ongoing service agreements with JAS to provides plan check and inspection consulting services for the Building and Safety Division not to exceed $25,000 (General Fund); (8) Authorize the City Manager to extend ongoing service agreements with John L. Hunter. On January 16, 2001 City Council approved Ordinance 1329 implementing the City's Standard Urban Water Mitigation Plan (SUSWMP) of the California Regional Water Quality Control Board for the Los Angeles region. John L. Hunter and Associates, Inc. assists the Planning and Building Safety Department staff in implementing the ordinance by providing consulting services for SUSWMP plan check review, field inspection and staff training not to exceed $25,000 (General Fund); (9) Authorize the City Manager to extend ongoing service agreements with Gary Bufkin who provides computer programming services to maintain and make improvements to the multi - departmental permitting system (Muni - permits). The system currently serves Building and Safety, Planning, Public Works, Fire Prevention, Police, Code Enforcement and Recreation and Park not to exceed $25,000 (General Fund); (10) Authorize the City Manager to extend ongoing service agreements with Scanning Services Corporation. Scanning Services Corporation scans and inputs data into the City's document imaging system not to exceed $35,000 (General Fund); (11) Authorize the City Manager to extend ongoing service agreements with Willdan Engineering Services who provides professional planning consulting and engineering services to the City not to exceed $30,000 (General Fund); (12) Authorize the City Manager to 7 O07 extend ongoing service agreements with U.S. HealthWorks who provides an extremely cost effective method of delivery of pre - employment and occupational medical services not to exceed $45,000 (General Fund); (13) Authorize the City Manager to extend ongoing service agreements with Westchester Medical Group /Center for Heart and Health to provide annual safety employees fitness for duty and executive physical examinations not to exceed $70,000 (General Fund); (14) Authorize the City Manager to execute a one -year contract with the Society for the Prevention of Cruelty to Animals Los Angeles for animal sheltering services, not to exceed $28,200 (General Fund); (15) Authorize the City Manager to execute a one -year contract with Duncan Solutions (formerly Enforcement Technology Inc.) for processing of parking citations /collections, not to exceed $77,000 (General Fund); (16) Authorize the City Manager to execute a one -year contract with AT &T Connection Services for communications related to mobile data computers and radio sites, not to exceed $39,400 (General Fund); (17) Authorize the El Segundo Fire Department to waive the bidding process per El Segundo Municipal Code §1 -7 -10 to purchase medical and pharmaceutical supplies, and piggyback on the City of Berkeley's Bound Tree Medical, Inc. ( "Bound Tree ") Bid #09- 10348 -C, and authorize issuance of a blanket purchase order to Bound Tree for FY 2010 -2011 for medical and pharmaceutical supplies not to exceed $26,000 (General Fund); (18) Authorize the issuance of a blanket purchase order for FY 10 -11 to UCLA Center for Pre - Hospital Care for continuing education, defibrillation training and AED program oversight not to exceed $32,600 General Fund); (19) Authorize the City Manager to execute a one -year contract amendment and /or purchase order with Shannon David, Inc. for professional services with the City's business recruitment and marketing, program, as approved to form by the City Attorney, not to exceed $40,000 (General Fund); (20) Authorize the City Manager to execute a one - year contract amendment and /or purchase order with Tyler Technologies who provide financial software to manage the City's General Ledger, Accounts Receivable, Accounts Payable, Payroll, and Human Resources. This item is for annual licensing, maintenance, and support of these systems not to exceed $35,000 (General Fund); (21) Authorize the City Manger to execute a one -year contract with All Cities Management Company to provide crossing guard services for the El Segundo School District not to exceed $80,000 (General Fund); (22) Alternatively, discuss and take other action related to this item. 8. Consideration and possible action regarding authorizing the recording of the Notice of Completion and authorizing the City Manager to accept completion of work for 24 homes related to the City's Residential Sound Insulation Program's Group 39 (Project No. RSI 10 -01). (Final Contract Amount: $716,741.00) Recommendation — (1) Authorize the City Clerk to file the City's Planning and Building Safety Director's Notice of Completion in the County Recorder's Office; (2) Authorize the City Manager, or designee, to close out Project No. RSI 10 -01; (3) Alternatively, discuss and take other action related to this item. 00$ 9. Consideration and possible action regarding authorizing the recording of the Notice of Completion and authorizing the City Manager to accept completion of work for 20 homes related to the City's Residential Sound Insulation Program's Group 40 (Project No. RSI 10 -02). (Final Contract Amount: $539,165.14) Recommendation — (1) Authorize the City Clerk to file the City's Planning and Building Safety Director's Notice of Completion in the County Recorder's Office; (2) Authorize the City Manager, or designee, to close out Project No. RSI 10 -02; (3) Alternatively, discuss and take other action related to this item. 10. Consideration and possible action to adopt a Joint Tax Sharing Resolution for the proposed Annexation No. 05-55 into Los Angeles County Sanitation District No. 5. (Fiscal Impact: None) Recommendation — (1) Adopt the resolution and authorize the City Manager to execute the Joint Tax Resolution with Los Angeles County Sanitation District No. 5; (2) Alternatively, discuss and take other action related to this item. 11. Consideration and possible action regarding a sole- source award to lease 953 acre -ft of ground water pumping rights to the City of Manhattan Beach. (Fiscal Impact: $100,065 revenue to the Water Enterprise Fund) Recommendation — (1) Authorize the Mayor to execute a lease with the City of Manhattan Beach in a form approved by the City Attorney; (2) Alternatively, discuss and take other action related to this item. 12. Consideration and possible action to award a standard Public Works Contract to the lowest responsible bidder, Silvia Construction, Inc., for the rehabilitation of Grand Avenue from Sepulveda Boulevard to Duley Road. Project No.: PW 10 -03. (Fiscal Impact: $365,000.00) Recommendation — (1) Authorize the City Manager to execute a standard Public Works Contract in a form as approved by the City Attorney with Silvia Construction, Inc., in the amount of $345,873.70; (2) Alternatively, discuss and take other action related to this item. 9 009 13. Consideration and possible action 2011, the City's agreement with and advocacy MWW Group through September 30, services related to the City's interests and efforts concerning Los Angeles International Airport. (Fiscal Impact: $78,300 Recommendation — (1) Authorize the Mayor to execute the agreement with MWW Group; (2) Alternatively, discuss and take other action related to this item. 14. Consideration and possible action regarding salary and benefit concessions by the City's unrepresented group of Management/Confidential Employees. Fiscal Impact: Savings of $541,487 for Executive Management, 4 for Pub�ManSafetyn Management Employees. Savings of $48,945 Employees. Recommendation — (1) Approve the following for Fiscal Year 2010/2011: Eight (8) hours, or more if determined necessary, of unpaid furlough hours per month; Suspension of the City's five percent (5 %) matching contribution to the employee's 401(a) deferred compensation account; Suspension of the employee's ability to cash in up to one year of accumulated vacation leave; Suspension of the cap on the maximum allowable amount of accumulated vacation leave; Sell back a portion of Battalion Chief Holiday Pay; (2) Alternatively, discuss and take other action related to this item. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 15. Consideration and possible action to adopt a resolution authorizing City staff to participate in the South Bay Regional Bicycle Master Plan in conjunction with the Los Angeles County Bicycle Coalition and South Bay Bicycle Coalition, and appoint one Council Member and an alternate to participate in a Blue Ribbon Bicycle Advisory Board (Fiscal Impact: None Recommendation — (1) Authorize City staff to participate in the South Bay n conjunction with the Los Angeles County Regional Bicycle Master Plan i Bicycle Coalition and South Bay Bicycle Coalition; (2) Appoint one Council Member and an alternate to participate in a Blue Ribbon Bicycle Advisory Board; (3) Alternatively, discuss and take other action related to this item. 010 10 16. Consideration and possible action to convene a subcommittee consisting of two Council Members and all members of the Environmental Committee to evaluate and recommend various refuse collection options to be included in a Request for Proposals for the next trash collection contract scheduled to commence in August, 2011. (Fiscal Impact: None) Recommendation — (1) Appoint two members from City Council and all members of the Environmental Committee to participate in a subcommittee to evaluate and recommend various trash collection options for the City's next trash collection contract; (2) Alternatively, discuss and take other action related to this item. 17. Consideration and possible action regarding 1) Providing another designated Retirement Period for Section 20903, Two Years Additional Services Credit and amending list of eligible classes; 2) Certification of Compliance with Government Code Section 20903; and 3) Approval of a $1,000 payment to eligible employees entering into a Date - Certain Retirement Separation Agreement with the City. (Fiscal Impact: 1) Estimated Increase in the City's PERS miscellaneous employer rate of 0.18% and an annual cost increase in FY 2012 -2013 of $26,078; 2) Salary savings based on the number of employees retiring during the designated retirement period would be $477,334) Recommendation — (1) Approve another designated Retirement Period and expand the list of eligible classes; (2) Certify Compliance with Government Code Section 20903; (3) Approve a $1,000 payment to eligible employees entering into a Date - Certain Retirement Separation Agreement with the City; (4) Authorize the City Manager to execute the Retirement Separation Agreement, in a form approved by the City Attorney; (5) Alternatively, discuss and take other action related to this item. G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY I. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER Oil K. REPORTS - CITY COUNCIL MEMBERS Council Member Fuentes - Council Member Brann - Council Member Jacobson - Mayor Pro Tern 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. MEMORIALS - CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown. Act (Government Code Section §54960, et sea.) 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: ( I LV TIME: ' a S P NAME: K ° 12 V\ a v� 61 12 ui<> roodamattolt OQ „a..w.,,. WHEREAS, Approximately 80% of all United States fire deaths occur in the home, and every three hours someone loses their life in a home fire, with cooking, heating and electrical fires representing the three leading causes of home fires; and WHEREAS, The vast majority of home fires can be prevented by taking simple safety precautions; and WHEREAS, The El Segundo Fire Department, which is dedicated to the safety of life and property from the devastating effects of fires and other emergencies, is joined by concerned citizens of our community, as well as businesses, the school district, service clubs and other organizations, in its fire safety efforts. NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo, California, in commemoration of the great Chicago Fire of 1871, which killed 250 persons, left 100,000 homeless, and destroyed more that 17,400 buildings, and in order to raise the awareness in the community of the importance of practicing fire prevention and fire safety to avoid needless loss of property and life, do hereby proclaim the week of October 3 through October 9, 2010 as: FIRE PREVENTION WEEK FURTHER, The Mayor and Members of the City Council join Fire Chief Kevin Smith in inviting the El Segundo community to observe Fire Prevention Week by practicing fire prevention and fire safety year -round and heeding the message `Smoke Alarms. A Sound You Can Live lilith' 013 rortamatton GO of el 0eganbo, Cdifornis WHEREAS, The Annual Richmond Street Fair is proudly sponsored and organized by the El Segundo Kiwanis Club as a club fundraiser for local scholarships and projects for the youth of El Segundo; and WHEREAS, The Annual Richmond Street Fair provides high school student groups, civic clubs, and non - profit organizations an opportunity to promote their associations and to raise funds for their school and community projects through the sale of arts and crafts and other items; and WHEREAS, The Annual Richmond Street Fair affords people from other communities the opportunity to discover the hometown atmosphere of El Segundo while experiencing wholesome family entertainment at its finest; and WHEREAS, The City Council recognizes the merits of the Annual Richmond Street Fair as . a win -win for the entire community of El Segundo and commends the El Segundo Kiwanis Club for continuing to carry on this traditional El Segundo event which has become a "Celebration of Community". NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo, California, hereby proclaim the observance of the 34' ANNUAL RICHMOND STREET FAIR from 9:00 a.m. to 5:00 p.m., Saturday, September 25, 2010 and invite the community to give generous support to all the groups, organizations, merchants and volunteers participating in the Fair. /(.ir./o�r/f. / /l�c/r�(f;L � /( /irt-� �ir�'�•li�iz �r rri.e�t�.. lLe /iz�L • Je/:t� /n -u < %�/c.z /Fa 0 EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2010 AGENDA STATEMENT AGENDA HEADING: Special Orders of Business AGENDA DESCRIPTION: Consideration and possible action to open a public hearing and receive testimony regarding: 1) an Environmental Assessment for a Categorical Exemption; 2) a Zone Text Amendment amending the El Segundo Municipal Code ( "ESMC ") to establish regulations for assembly hall uses and to amend the permitted and conditionally permitted uses in various zones, and 3) a Specific Plan Text Amendment to amend the permitted and conditionally permitted uses within the Downtown Specific Plan. Applicant: City Initiated (Fiscal Impact: N /A) RECOMMENDED COUNCIL ACTION: 1. Open the public hearing; 2. Discussion; 3. Introduce, and waive first reading of Ordinance for Zone Text Amendment No. 10 -05 and Specific Plan Text Amendment SPTA 10 -02; 4. Schedule second reading and adoption of Ordinance on October 5, 2010; and/or, 5. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Draft Ordinance and Exhibit (Finding of Consistency with General Plan EIR) 2. Draft Ordinance and Exhibit (Strike- out/Underline Version) 3. Planning Commission staff report dated August 26, 2010 and attachments FISCAL IMPACT: N/A Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A i ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager REVIEWED BY: Greg Carpenter, Director of ning and Building Safety` APPROVED BY: Jack Wayt, City Manager ;V BACKGROUND AND DISCUSSION: On August 26, 2010, the Planning Commission held a public hearing on the proposed Zone Text Amendment. After receiving testimony and documentary evidence, the Commission adopted Resolution No. 2679, recommending City Council approval of Environmental Assessment No. 884, Zone Text Amendment No. 10 -05, and Specific Plan Text Amendment No. 10 -02. I. Introduction The proposed Zone Text Amendment establishes a new Chapter 13A "Assembly Halls" in ESMC Title 15, and it amends the permitted and conditionally permitted uses in the Two - Family Residential (R -2), the Multi- Family Residential (R -3), the Planned Residential Development (PRD), the Downtown Commercial (C -RS), the Urban Mixed Use North (MU -N), the Urban Mixed Use South (MU -S), the Grand Avenue Commercial (GAC), the Multimedia Overlay (MMO), and the Public Facilities (P -F) Zone. The proposed Specific Plan Text Amendment 015 amends the permitted and conditionally permitted uses in all seven (7) districts of the Downtown Specific Plan. The amendment affects primarily assembly types of uses and establishes common standards for those uses to ensure internal consistency among all Chapters in ESMC Title 15 and the Downtown Specific Plan. Project Applications The applications include the following: 1) Environmental Assessment (EA) No 884 California Environmental Quality Act (CE OA) — A determination of no significant impacts for Environmental Assessment No 884 is proposed for this project pursuant to the Public Resources Code and the CEQA Guidelines. 2) Zone Text Amendment (ZTA) No. 10 -05 — to add a new El Segundo Municipal Code (ESMC) Chapter 15 -13A (Assembly Halls) and to amend ESMC §§ 15 -413-5 (R -2 Uses Subject to Conditional Use Permit), 154C -2 (R -3 Permitted Uses), 15 -4C- 4 (R -3 Uses Subject to Conditional Use Permit), 15 -4D -2 (PRD Permitted Uses), 15- 5A-2 (C -RS Permitted Uses), 15 -5A -5 (C -RS Uses Subject to Conditional Use Permit), 15 -5E -2 (MU -N Permitted Uses), 15 -5E -5 (MU -N Uses Subject to Conditional Use Permit), 15 -5F -2 (MU -S Permitted Uses), 15 -517-5 (MU -S Uses Subject to Conditional Use Permit), 15 -7B -2 (GAC Permitted Uses), 15 -713-5 (GAC Uses Subject to Conditional Use Permit), 15 -7C -2 (MMO Permitted Uses), 15 -7C -5 (MMO Uses Subject to Conditional Use Permit), and 15 -10 -4 (P -F Uses Subject to Conditional Use Permit). 3) Specific Plan Text Amendment (SPTA) No. 10 -02 — to amend Downtown Specific Plan §§ VI.A.2 (Main Street District Permitted Uses), VI.A.5 (Main Street District Uses Subject to a Conditional Use Permit), VI.A.6 (Main Street District Prohibited Uses), VI.B.2 (Main Street Transitional District Permitted Uses), VLB.5 (Main Street Transitional District Uses Subject to a Conditional Use Permit), VI.B.6 (Main Street Transitional District Prohibited Uses), VI.C.2 (Richmond Street District Permitted Uses), VI.C.5 (Richmond Street District Uses Subject to a Conditional Use Permit), VI.C.6 (Richmond Street Prohibited Uses), VI.D.2 (North Richmond Street District Permitted Uses), VI.D.5 (North Richmond Street District Uses Subject to a Conditional Use Permit), VI.D.6 (North Richmond Street District Prohibited Uses), VI.E.2 (Grand Avenue District Permitted Uses), VI.E.5 (Grand Avenue District Uses Subject to a Conditional Use Permit), VI.E.6 (Grand Avenue District Prohibited Uses), VI.F.2 (West Grand Avenue Transitional District North Permitted Uses), VI.F.5 (West Grand Avenue Transitional District North Uses Subject to a Conditional Permit), VI.F.6 (West Grand Avenue Transitional District North Prohibited Uses), VI.G.5 (West Grand Avenue Transitional District South Uses Subject to a Conditional Use Permit), and VI.G.6 (West Grand Avenue Transitional District South Prohibited Uses). 2 010' II. Background In 2000, the Federal government enacted the Religious Land Use and Institutional Persons Act ( RLUIPA). RLUIPA is intended to limit government's ability to "impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution." In summary, cities land use regulations are required to treat places of religious assembly the same way they deal with other assembly uses such as theaters, clubs, and lodges. On July 21, 2010, City staff initiated the subject application to make the ESMC and the Downtown Specific Plan consistent with the provisions of RLUIPA. On August 26, 2010, the Planning Commission recommended City Council approval of Environmental Assessment No. EA -884, Zone Text Amendment No. ZTA 10 -05, and Specific Plan Text Amendment No. SPTA 10 -02. A draft ordinance including the recommended changes to the ESMC is attached to this report (see Exhibit Nos. 1 and 2) and discussed briefly below. Exhibit 2 provides a strikeout - underline format for all modified municipal code and Downtown Specific Plan sections. III. Analysis The overall goal of the proposed Zone Text Amendment (ZTA) and Specific Plan Text Amendment (SPTA) is to update the City's regulations regarding assembly hall uses making them consistent with RLUIPA's provisions. The primary objectives of this amendment are: A. Common definition. ESMC Title 15 Chapter 13A would establish an assembly hall definition that includes all assembly uses, both secular and religious. B. Common standards. 1) Parking. All assembly halls would be required to meet the same parking requirements. New parking requirements for assembly halls were adopted by the City Council on August 3, 2010 and became effective on September 3, 2010. 2) Conditional Use Permit requirement. All assembly hall uses would require approval of a conditional use permit. A complete discussion of all the proposed changes is included in the Planning Commission staff report dated August 26, 2010, which is attached to this report. IV. General Plan Consistency and Specific Plan Consistency As required under Government Code § 65454 the City Council must find that the proposed amendment of the El Segundo Municipal Code and the Downtown Specific Plan is consistent with the City's General Plan. Staff believes that the City Council can make the required findings of approval, which are included in the attached Ordinance (Attachment 1). In summary, the proposed amendment is consistent with the General Plan land use designations for the properties involved. In addition, the amendment is consistent with the General Plan Goals, Policies, and Objectives in its Land Use and Noise Elements. 3 V. Environmental Review The proposed zone text and specific plan text amendments are 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 existing zoning regulations and related procedures. It does not have the effect of deleting or substantially changing any regulatory standards or findings required thereof. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment. In addition, any environmental impacts associated with this ordinance are adequately addressed in the General Plan FEIR. Accordingly, this ordinance is consistent with the General Plan FEIR and is exempt from further environmental review requirements under the California Environmental Quality Act. Furthermore, this ordinance constitutes a component of the El Segundo Municipal Code which the Planning Commission determined to be consistent with the FEIR for the City of El Segundo General Plan on December 1, 1992. Accordingly, no further environmental review is required pursuant to 14 Cal. Code Regs. § 15168(c)(2). VI. Planning Commission Hearing and Public Input At its August 26, 2010, the Planning Commission reviewed the matter, consider the public testimony and recommended to the City Council the approval of Environmental Assessment No. EA -884, Zone Text Amendment ZTA 10 -05, and Specific Plan Text Amendment SPTA 10 -02. No written comments were received from the public. No members of the public provided oral testimony at the Commission hearing. The Planning Commission recommended approval of the proposed ordinance as drafted. VII. Recommendation Planning staff recommends that the City Council introduce and waive first reading of the attached draft Ordinance approving Environmental Assessment No. EA -884, Zone Text Amendment ZTA 10 -05, and Specific Plan Text Amendment SPTA 10 -02. Second reading and adoption of the Ordinance would occur on October 5, 2010. P:\Planning & Building Safety \0 Planning - Old\PROJECTS (Planning) \876- 900\EA- 884 \City Council 09212010\EA -884 Assembly Halls ZTA and SPTA CC Report 09212010.doc .1 Uis ORDINANCE NO. AN ORDINANCE ADDING A NEW CHAPTER 13A TO TITLE 15 REGULATING ASSEMBLY HALLS, AMENDING THE PERMITTED AND CONDITIONALLY PERMITTED USES IN VARIOUS ZONES, AND AMENDING THE PERMITTED AND CONDITIONALLY PERMITTED USES IN THE DOWNTOWN SPECIFIC PLAN. The City Council of the city of El Segundo does ordain as follows: SECTION 1: The City Council finds and declares as follows: A. This ordinance is intended to establish objective, content neutral, land use regulations for using facilities designed to accommodate large scale public and private assemblies of people; B. Such gatherings, whether periodic or ongoing, impact surrounding land uses with vehicle and pedestrian traffic; noise; and other, similar, effects caused by large crowds; C. The City's ability to exercise its powers in accordance with Article XI, § 7 of the California Constitution to regulate land use is well - established. This ordinance is intended to regulate aesthetics, traffic, parking, public peace, and other, similar, matters related to public health, safety, and welfare; D. Any environmental impacts associated with this ordinance are adequately addressed in the General Plan FEIR. Accordingly, this ordinance is consistent with the General Plan FEIR and is exempt from further environmental review requirements under the California Environmental Quality Act. E. This ordinance constitutes a component of the El Segundo Development Code which the Planning Commission determined to be consistent with the FEIR for the 1992 El Segundo General Plan on December 1, 1992. Accordingly, no further environmental review is required pursuant to 14 Cal. Code Regs. § 15168(c)(2). The Finding of Consistency is attached as Exhibit 'A" and incorporated by reference. SECTION 2: General Plan Findings. As required under Government Code § 65454 the ESMC amendments proposed by this Ordinance are consistent with the El Segundo General Plan as follows: A. It conforms with the Land Use Element Goals, Objectives and Policies. Specifically, the Ordinance is consistent with Goal LU1, Objective LU1 -5, in that it creates policies, design standards; helps create a sense of place for the entire City; develops standards that will ensure the compatibility of Page 1 assembly hall uses with surrounding uses; and encourages the construction of high - quality, well designed developments through the adoption of property development standards. B. It conforms with the Noise Element Goals Objectives and Policies. Specifically, it is consistent with Goal N1, Objective N1 -2, in that it helps ensure that City residents are not exposed to excessive noise from stationary sources. SECTION 3: Zone Text Amendment Findings. In accordance with ESMC § 15 -26 -4 and 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 as follows: A. It is consistent with the purpose of the ESMC, 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. It is necessary to facilitate the development process and ensure the orderly development of properties with assembly hall uses that are compatible with surrounding properties and developments. SECTION 4: Specific Plan Findings. After considering the above facts, the City Council finds as follows: A. This Ordinance affects all properties and districts in the Downtown Specific Plan. B. This amendment to the Downtown Specific Plan is consistent with the General Plan land use designation for the properties involved. SECTION 5: ESMC § 15 -413-5 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. Any use permitted as a conditionally permitted use in the R -1 Zone. B. Assembly halls. C. Private schools. D. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 22 of this Title." Page 2 040 601 SECTION 6: ESMC § 15 -4C -2 is amended to read as follows: "PERMITTED USES: The following uses are permitted in the R -3 Zone: A. Any use permitted in the R -2 Zone. B. Condominiums and stock cooperatives converted from multiple - family dwellings subject to the requirements of the Subdivision Map Act. C. Daycare centers. D. Large family daycare homes pursuant to Section 15 -4A -4 of this Chapter. E. Lodging houses. F. Multiple - family dwellings. G. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 22 of this Title." SECTION 7: ESMC § 15 -4C -4 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. Any use permitted as a conditionally permitted use in the R -2 Zone. B. Assembly halls. C. Public parking area, developed and maintained as required by this Chapter when the sideline of the lot or parcel on which it is located forms a common boundary with a lot or parcel zoned for commercial or industrial purposes. D. Senior citizen housing in accordance with California Government Code sections 65913, 65914 and 65915. E. Senior housing facilities, including, but not limited to, rest homes, convalescent homes, or nursing homes. F. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 22 of this Title." SECTION 8: ESMC § 15 -4D -2 is amended to read as follows: Page 3 021 "PERMITTED USES: A. The following uses are permitted in the PRD Zone subject to the approval of a PRD plan: Single -and multiple - family dwelling units designed as detached, semi - detached, or attached buildings. B. The following are permitted transitional uses of existing facilities subject to approval of a transitional use PRD plan and time limitations which may be imposed by the Planning Commission or City Council: Assembly halls. Daycare centers. Private schools. Public or private recreation." SECTION 9: ESMC § 15 -5A -2 is amended to read as follows: "PERMITTED USES: The following uses are permitted in the C -RS Zone: A. Billiard -pool rooms and bowling alleys. B. Financial institutions. C. General Offices. D. Government buildings (including offices, police and fire stations, parking and related buildings). E. Medical - dental offices. F. Restaurants, delicatessens, and cafes (excluding dancing and entertainment). G. Retail uses providing sales (excluding off site alcohol sales) and services. H. Schools. I. Other similar uses approved by the Director of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 10: ESMC § 15 -5A -5 is amended to read as follows: Page 4 022 "USES SUBJECT TO CONDITIONAL USE PERMIT: The following uses are allowed subject to obtaining a conditional use permit, as provided by chapter 23 this title: A. Assembly halls. B. On site sale and consumption of alcohol at bars. C. Outdoor dining, exempting cafes, outdoor dining at restaurants and drive - though restaurants where outdoor dining comprises twenty percent (20 %) or less of the total dining area of the restaurant or drive - through restaurant, but not exceeding two hundred (200) square feet of floor area. D. Service stations, if a five hundred foot (500') minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard. E. Video arcades with four (4) or more video or arcade machines. F. Other similar uses as approved by the Director of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 11: ESMC § 15 -5E -2 is amended to read as follows: "PERMITTED USES: The following uses are permitted in the MU -N Zone: A. Business service establishments such as electronic computer facilities and addressing services. B. General offices of commercial, financial or industrial establishments. C. Engineering, industrial design, consultation and other offices. D. Financial institutions. E. Hotels and motels. F. Medical - dental offices or facilities. G. Motion picture /television production facilities (excluding outdoor facilities). H. Restaurants and cafes. Retail (excluding off site alcohol sales) and whole sales and service. Page 5 023 J. Scientific research and experimental development laboratories. K. Other similar uses approved by the Director of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 12: ESMC § 15 -5E -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. Assembly halls. B. Catering services and flight kitchens. C. Drive - through restaurants. D. Helicopter landing facilities subject to the provisions of section 15 -2 -13 of this title. E. Hospitals. F. Motion picture /television production facilities (outdoor facilities only). G. On site sale and consumption of alcohol at bars. H. Outdoor dining, exempting cafes, outdoor dining at restaurants and drive - through restaurants where outdoor dining comprises twenty percent (20 %) or less of the total dining area of the restaurant or drive - through restaurant, but not exceeding two hundred (200) square feet of floor area. Parking facilities, including park and ride lots. J. Recreational facilities (public and commercial). K. Service stations, if a five hundred foot (500') minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard. L. Video arcades with four (4) or more video or arcade machines. M. Other similar uses approved by the Director of Planning and Building Safety, as provided by chapter 22 of this title." Page 6 024 SECTION 13: ESMC § 15 -5F -2 is amended to read as follows: "PERMITTED USES: The following uses are permitted in the MU -S Zone: A. Business service establishments such as electronic computer facilities and addressing services. B. Engineering, industrial design, consultation and other offices. C. Financial institutions. D. General offices of commercial, financial or industrial establishments. E. Hotels and motels. F. Massage establishments that meet the requirements of title 4, chapter 10 of this code, in addition to all other requirements imposed by law. G. Medical - dental offices or facilities. H. Motion picture /television production facilities (excluding outdoor facilities). I. Restaurants and cafes. J. Retail (excluding off site alcohol sales) and wholesale and service K. Scientific research and experimental development laboratories. L. Other similar uses approved by the Director of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 14: ESMC § 15 -5F -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. Assembly halls. B. Catering services and flight kitchens. C. Drive - through restaurants. D. Freight forwarding. Page 7 E. Helicopter landing facilities subject to the provisions of section 15 -2 -13 of this title. F. Hospitals. G. Motion picture /television production facilities (outdoor facilities only). H. On site sale and consumption of alcohol at bars. Outdoor dining, exempting cafes, outdoor dining at restaurants and drive - through restaurants where outdoor dining comprises twenty percent (20 %) or less of the total dining area of the restaurant or drive - through restaurant, but not exceeding two hundred (200) square feet of floor area. J. Parking facilities, including park and ride lots. K. Recreational facilities (public and commercial). L. Service stations, if a five hundred foot (500') minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard. M. Video arcades with four (4) or more video or arcade machines. N. Other similar uses approved by the Director of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 15: ESMC § 15 -7B -2 is amended to read as follows: "PERMITTED USES: The following uses are permitted in the GAC Zone: A. Cafes. B. General and medical - dental offices. C. Restaurants, sit down type, excluding facilities with drive - through facilities. D. Retail sales. E. Other similar uses approved by the Director of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 16: ESMC § 15 -7B -5 is amended to read as follows: 026 "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. Assembly halls. B. Outdoor dining, exempting outdoor dining at restaurants and drive -thru restaurants where outdoor dining comprises twenty percent (20 %) or less of the total dining area of the restaurant or drive -thru restaurant, but not exceeding two hundred (200) square feet of floor area. C. Service station, if a five hundred foot (500) minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard. D. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 22 of this title." SECTION 17: ESMC § 15 -7C -2 is amended to read as follows: "PERMITTED USES: The following uses would be permitted in the proposed MMO District: A. Commissary. B. Craft shops and rentals. C. Movie and entertainment facilities. D. Multimedia archive facilities. E. Multimedia related office and post production facilities. F. Picture equipment sales. G. Special effects studios. H. Studio /sound stage(s) and other support facilities. I. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 22 of this Title." SECTION 18: ESMC § 15 -7C -5 is amended to read as follows: Page 9 ��i "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. Assembly halls. B. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 22 of this title." SECTION 19: ESMC § 15 -10 -4 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. Assembly halls. B. Charitable institutions. C. Private recreation. D. Publicly owned facilities such as warehouses and storage yards. E. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 22 of this Title." SECTION 20: A new Chapter 13A, consisting of §§ 15 -13A -1 to 15 -13A -4 and entitled "Assembly Halls," is added to Title 15 of the El Segundo Municipal Code ( "ESMC ") to read as follows: "Chapter 13A ASSEMBLY HALLS 15- 13A -1: Definitions. 15- 13A -2: Compliance with Permit Requirements 15- 13A -3: Parking Requirements 15- 13A -4: Compatibility with Surrounding Uses 15- 13A -1: Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter: Page 10 023 A. "Assembly Hall" means a building, or portion of a building, used for large scale public or private gatherings of people. For example, and without limitation, assembly halls include private educational facilities; religious institutions; clubs; lodges; theaters; and similar kinds of facilities whether available for public or private use. 15- 13A -2: Compliance with Permit Requirements. Any ancillary uses affiliated with an assembly hall must be specifically identified and permitted by a validly issued conditional use permit pursuant to this chapter or be separately permitted in accordance with the requirements for that zone. For example, and without limitation, a day care center or private school associated with an assembly hall must be identified as an authorized use in the conditional use permit. 15- 13A -3: Parking Requirements. A. Off - street parking must be provided in accordance with the requirements set forth in this Title including, without limitation, landscaping requirements. B. Where an assembly hall is established in a residential zone, the required front yard may not be used for parking vehicles. 15- 13A -4: Compatibility with Surrounding Uses. A. All buildings, structures, and landscaping must be developed and maintained in a manner compatible with development on surrounding properties. B. For assembly halls located within or adjacent to a residential zone, the Planning Commission may condition hours of operation to ensure compatibility with adjacent residential uses." SECTION 21: All references in the ESMC purporting to regulate churches, temples, or other religious institutions, are amended to refer to "assembly halls." SECTION 22: Downtown Specific Plan Section VI.A.2 is amended to read as follows: "Permitted Uses - a. First floor street -front level, with a minimum building depth of 25 feet: i) Retail sales and services ii) Restaurants iii) Recreational uses iv) Governmental offices v) Banks, not to exceed 500 square feet vi) General offices vii) Medical- dental offices Page 11 0213 viii) Outdoor retail uses such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review ix) Other similar pedestrian oriented retail - service uses and offices approved by the Director of Planning and Building Safety, as provided by Section V., Administration. b. Above and behind street -front level, and adjacent to alleys: i) All uses listed above in a. ii) Schools iii) Banks iv) Other similar uses approved by the Director of Community Economic and Development Services, as provided by Section V., Administration. C. Above street -front level: i) All uses listed above in a. and b. Business tenant/owner- occupied residential units iii) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration" SECTION 23: Downtown Specific Plan Section VI.A.5 is amended to read as follows: "Uses Subject to a Conditional Use Permit — (EI Segundo Municipal Code Chapter 15 -23) a. First floor street -front level, with a minimum building depth of 25 feet: i) Bars ii) Outdoor entertainment and dancing iii) Outdoor amplified sound, which exceeds more than four single events in one calendar year iv) Video arcades with four or more machines v) Other similar uses approved by the Director of Community, Economic and Development Services, as provided by Section V., Administration b. Above and behind street -front level, and adjacent to alleys: i) All uses listed above in a. ii) Assembly halls." SECTION 24: Downtown Specific Plan Section VI.A.6 is amended to read as follows: "Prohibited Uses - All other uses which are not Permitted Uses, Permitted Accessory Uses, Uses Subject to an Administrative Use Permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants Page 12 b. Service stations C. Tattoo parlors" SECTION 25: Downtown Specific Plan Section V1.B.2 is amended to read as follows: "Permitted Uses - a. First floor street -front level, above and behind street front level and adjacent to alleys: i) Retail sales and services ii) Restaurants iii) Recreational uses iv) Government offices v) General offices vi) Medical- dental offices vii) Schools viii) Banks ix) Outdoor retail uses such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review. x) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration. b. Above street -front level: i) All uses listed above in a. ii) Business tenant/owner- occupied residential units iii) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration." SECTION 26: Downtown Specific Plan Section V1.B.5 is amended to read as follows: "Uses Subject to a Conditional Use Permit — (El Segundo Municipal Code Chapter 15 -23) a. First floor street -front level, with a minimum building depth of 25 feet: i) Bars ii) Outdoor entertainment and dancing iii) Outdoor amplified sound, which exceeds more than four single events in one calendar year iv) Video arcades with four or more machines v) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration b. Above and behind street -front level, and adjacent to alleys: i) All uses listed above in a. ii) Assembly halls." SECTION 27: Downtown Specific Plan Section VI.B.6 is amended to read as follows: Page 13 031 "Prohibited Uses - All other uses which are not Permitted Uses, Permitted Accessory Uses, Uses Subject to an Administrative Use Permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants b. Service stations" SECTION 28: Downtown Specific Plan Section VI.C.2 is amended to read as follows: "Permitted Uses - a. First floor street -front level, above and behind street front level and adjacent to alleys: i) Retail sales and services ii) Restaurants iii) Recreational uses iv) Governmental offices v) General offices vi) Medical- dental offices vii) Schools viii) Banks ix) Outdoor retail uses such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review x) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration." b. Above street -front level: i) All uses listed above in a. ii) Business tenant/owner- occupied residential units iii) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration." SECTION 29: Downtown Specific Plan Section VI.C.5 is amended to read as follows: "Uses subject to a Conditional Use Permit — (El Segundo Municipal Code Chapter 15 -23) a. First floor street -front level, with a minimum building depth of 25 feet: i) Bars ii) Outdoor entertainment and dancing iii) Outdoor amplified sound, which exceeds more than four single events in one calendar year iv) Video arcades with four or more machines v) Other similar uses approved by the Director of Community, Economic and Development Services, as provided by Section V., Administration. Page 14 X311 b. Above and behind street -front level, and adjacent to alleys: i) All uses listed above in a. ii) Assembly halls." SECTION 30: Downtown Specific Plan Section VI.C.6 is amended to read as follows: "Prohibited Uses - AII other uses which are not Permitted Uses, Permitted Accessory Uses, Uses Subject to an Administrative Uses Permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants b. Service stations" SECTION 31: Downtown Specific Plan Section VI.D.2 is amended to read as follows: "Permitted Uses - a. First floor street -front level, above and behind street front level and adjacent to alleys: i) Retail sales and services ii) Restaurants iii) Recreational uses iv) Governmental offices v) General offices vi) Medical- dental offices vii) Schools viii) Banks ix) Bed and Breakfast hotels x) Artists and design studios xi) Outdoor retail uses such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review xii) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration" b. Above street -front level: i) All uses listed above in a. ii) Business tenant/owner- occupied residential units iii) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration" SECTION 32: Downtown Specific Plan Section VI.D.5 is amended to read as follows: "Uses Subject to a Conditional Use Permit — (El Segundo Municipal Code Chapter 15 -23) Page 15 033 a. First floor street -front level, with a minimum building depth of 25 feet: i) Bars ii) Outdoor entertainment and dancing iii) Outdoor amplified sound, which exceeds more than four single events in one calendar year iv) Video arcades with four or more machines v) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration. b. Above and behind street -front level, and adjacent to alleys: i) All uses listed above in a. ii) Assembly halls." SECTION 33: Downtown Specific Plan Section VI.D.6 is amended to read as follows: "Prohibited Uses - All other uses which are not Permitted Uses, Permitted Accessory Uses, Uses Subject to an Administrative Uses Permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants b. Service stations." SECTION 34: Downtown Specific Plan Section VI.E.2 is amended to read as follows: "Permitted Uses - a. First floor street -front level and adjacent to pedestrian access ways, including internal access ways, with a minimum building depth of 25 feet: i) Retail sales and services ii) Restaurants iii) Recreational uses iv) Government offices v) Banks, not to exceed 500 square feet vi) General offices vii) Medical- dental offices viii) Bed and breakfast hotel ix) outdoor retail uses such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review. x) Other similar pedestrian oriented retail - service uses and offices, approved by the Director of Planning and Building Safety, as provided by Section V., Administration. b. Above and behind street -front level, and adjacent to alleys: Page 16 3 i) All uses listed above in a. ii) Schools and daycare iii) Banks iv) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration. C. Above street -front level: i) All uses listed above in a. ii) Business tenant/owner- occupied residential units iii) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration." SECTION 35: Downtown Specific Plan Section VI.E.5 is amended to read as follows: "Uses Subject to a Conditional Use Permit — (El Segundo Municipal Code Chapter 15 -23) a. First floor street -front level, with a minimum building depth of 25 feet: i) Bars ii) Outdoor entertainment and dancing iii) Outdoor amplified sound, which exceeds more than four single events in one calendar year iv) Video arcades with four or more machines v) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration. b. Above and behind street -front level, and adjacent to alleys: i) All uses listed above in a. ii) Assembly halls" SECTION 36: Downtown Specific Plan Section VI.E.6 is amended to read as follows: "Prohibited uses - All other uses which are not Permitted Uses, Permitted Accessory Uses, Uses Subject to an Administrative Use Permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants b. Service stations" SECTION 37: Downtown Specific Plan Section VI.F.2 is amended to read as follows: "Permitted Uses - First floor street -front level, with a minimum building depth of 25 feet: i) Retail sales and services ii) Restaurants iii) Recreational uses Page 17 () w . `3 iv) Government offices v) Banks vi) General offices vii) Medical- dental offices viii) Schools ix) Outdoor retail uses such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review. x) Other similar pedestrian oriented retail - service uses and offices approved by the Director of Planning and Building Safety, as provided by Section V., Administration." SECTION 38: Downtown Specific Plan Section VI.F.5 is amended to read as follows: "Uses Subject to a Conditional Use Permit — JEI Segundo Municipal Code Chapter 15 -23) a. First floor street -front level, with a minimum building depth of 25 feet: i) Bars ii) Video arcades with four or more machines iii) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration. b. Above and behind street -front level, and adjacent to alleys: i) All uses listed above in a. ii) Assembly halls." SECTION 39: Downtown Specific Plan Section VI.F.6 is amended to read as follows: "Prohibited Uses - All other uses which are not Permitted Uses, Permitted Accessory Uses, Uses Subject to an Administrative Use Permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants b. Service stations C. Tattoo parlors d. Outdoor entertainment and dancing e. Outdoor amplified sound, which exceeds more than four single events in one calendar year." SECTION 40: Downtown Specific Plan Section VI.G.5 is amended to read as follows: "Uses Subject to a Conditional Chapter 15 -23) a. First floor street -front level, i) Bars Use Permit — (EI Segundo Municipal Code with a minimum building depth of 25 feet: Page 18 (j3 ii) Bed and Breakfast Inns iii) Video arcades with four or more machines iv) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration. b. Above and behind street -front level, and adjacent to alleys: i) All uses listed above in a. ii) Assembly halls." SECTION 41: Downtown Specific Plan Section VI.G.6 is amended to read as follows: "Prohibited Uses - All other uses which are not Permitted Uses, Permitted Accessory Uses, Uses Subject to an Administrative Use permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants b. Service stations C. Tattoo parlors d. Outdoor entertainment and dancing e. Outdoor amplified sound, which exceeds more than four single events in one calendar year." SECTION 42: CONSTRUCTION. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 43: ENFORCEABILITY. Repeal of any provision of the El 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 44: 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 45: 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. Page 19 031 SECTION 46: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 47: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this day of , 2010. Eric Busch, Mayor Page 20 o,� ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of , 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 , 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 By: Karl H. Berger, Assistant City Attorney P: \Planning & Building Safety \Planning - Old \PROJECTS (Plan n ing)\876-900\EA-884\EA-884 Assembly Halls Ordinance 082610.doc Page 21 6$lij) ORDINANCE NO. EXHIBIT "A" FINDING OF CONSISTENCY WITH GENERAL PLAN EIR CITY OF EL SEGUNDO AMENDMENT TO EL SEGUNDO MUNICIPAL CODE TO AMEND TITLE 15 OF THE EL SEGUNDO MUNICIPAL CODE AND ESTABLISH A CHAPTER REGULATING ASSEMBLY HALL USES August 2010 The City of El Segundo has initiated an application that proposing to amend Title 15 of the El Segundo Municipal Code and establish a chapter regulating assembly hall uses. 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, etseq.), and the City of El Segundo CEQA Guidelines. This document serves as the project environmental documentation pursuant to CEQA. Background In 1992, El 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 El Segundo and within its sphere of influence. The circumstances, impacts, and mitigation requirements identified in the General Plan EIR 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 amendment to the El Segundo Municipal Code establishing Title 15 Chapter 13A (Assembly Halls) will set a new definition and developments standards for assembly hall uses. Relationship of the Zoning Text Amendment to the General Plan The proposed amendment to the El Segundo Municipal Code ( "ESMC ") implements the goals, policies and programs outlined in the 1992 General Plan, including the Land Use and Noise elements. It is consistent with Goal LU1, Objective LU1 -5, of the Land Use element, in that it creates policies design standards; helps create a sense of place for the entire City; develops standards that will ensure the compatibility of assembly hall uses with surrounding uses; and encourages the construction of high - quality, well designed developments through the adoption of property development standards. In addition, it is consistent with Goal N1, Objective N1 -2 of the Noise Element, in that it helps ensure that City residents are not exposed to excessive noise from stationary sources. Adoption of the proposed amendment 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. Environmental Analysis The proposed zone text amendment is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, etseq., "CEQA ") 0 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 thereof. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment. In addition, any environmental impacts associated with this ordinance are adequately addressed in the General Plan FEIR. Accordingly, this ordinance is consistent with the General Plan FEIR and is exempt from further environmental review requirements under the California Environmental Quality Act. Furthermore, this ordinance constitutes a component of the El Segundo Municipal Code which the Planning Commission determined to be consistent with the FEIR for the City of El Segundo General Plan on December 1, 1992. Accordingly, no further environmental review is required pursuant to 14 Cal. Code Regs. § 15168(c)(2). Findings Based on the above analysis, the City of El Segundo hereby makes the following findings: 1. In 1992, the City of El Segundo adopted a comprehensive General Plan update and certified a Final EIR. 2. The proposed amendment consists of text changes. The ESMC Title 15 Chapter 13A (Assembly Halls) will be established to regulate assembly hall uses. The new Chapter 13A will set a new definition and new development standards for assembly halls. In addition, the permitted uses and conditionally permitted uses in various zones and the Downtown Specific Plan will be amended to accommodate assembly hall uses. 3. Adoption of proposed amendment will not result in any new or increased environmental effects, and no new mitigation measures are required. 4. Pursuant to Section 15168(c)(2) of the CEQA Guidelines, no new environmental documentation is required for adoption of the amendments to the ESMC. Finding of Consistency 2 041 ORDINANCE NO. AN ORDINANCE ADDING A NEW CHAPTER 13A TO TITLE 15 REGULATING ASSEMBLY HALLS, AMENDING THE PERMITTED AND CONDITIONALLY PERMITTED USES IN VARIOUS ZONES, AND AMENDING THE PERMITTED AND CONDITIONALLY PERMITTED USES IN THE DOWNTOWN SPECIFIC PLAN. The City Council of the city of El Segundo does ordain as follows: SECTION 1: The City Council finds and declares as follows: A. This ordinance is intended to establish objective, content neutral, land use regulations for using facilities designed to accommodate large scale public and private assemblies of people; B. Such gatherings, whether periodic or ongoing, impact surrounding land uses with vehicle and pedestrian traffic; noise; and other, similar, effects caused by large crowds; C. The City's ability to exercise its powers in accordance with Article XI, § 7 of the California Constitution to regulate land use is well - established. This ordinance is intended to regulate aesthetics, traffic, parking, public peace, and other, similar, matters related to public health, safety, and welfare; D. Any environmental impacts associated with this ordinance are adequately addressed in the General Plan FEIR. Accordingly, this ordinance is consistent with the General Plan FEIR and is exempt from further environmental review requirements under the California Environmental Quality Act. E. This ordinance constitutes a component of the El Segundo Development Code which the Planning Commission determined to be consistent with the FEIR for the 1992 El Segundo General Plan on December 1, 1992. Accordingly, no further environmental review is required pursuant to 14 Cal. Code Regs. § 15168(c)(2). The Finding of Consistency is attached as Exhibit 'A" and incorporated by reference. SECTION 2: General Plan Findings. As required under Government Code § 65454 the ESMC amendments proposed by this Ordinance are consistent with the El Segundo General Plan as follows: A. It conforms with the Land Use Element Goals, Objectives and Policies. Specifically, the Ordinance is consistent with Goal LU1, Objective LU1 -5, in that it creates policies, design standards; helps create a sense of place for the entire City; develops standards that will ensure the compatibility of Page 1 044" assembly hall uses with surrounding uses; and encourages the construction of high - quality, well designed developments through the adoption of property development standards. B. It conforms with the Noise Element Goals Objectives and Policies. Specifically, it is consistent with Goal N1, Objective N1-2, in that it helps ensure that City residents are not exposed to excessive noise from stationary sources. SECTION 3: Zone Text Amendment Findings. In accordance with ESMC § 15 -26 -4 and 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 as follows: A. It is consistent with the purpose of the ESMC, 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. It is necessary to facilitate the development process and ensure the orderly development of properties with assembly hall uses that are compatible with surrounding properties and developments. SECTION 4: Specific Plan Findings. After considering the above facts, the City Council finds as follows: A. This Ordinance affects all properties and districts in the Downtown Specific Plan. B. This amendment to the Downtown Specific Plan is consistent with the General Plan land use designation for the properties involved. SECTION 5: ESMC § 15 -46 -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. Any use permitted as a conditionally permitted use in the R -1 Zone. B. Ghwmhes.Assembly halls. C. Private schools. D. Other similar uses approved by the Director of Community, EGGReffliG and Dev^'TeRt SeV�Plannina and Building Safety, as provided by Chapter 22 of this Title." Page 2 SECTION 6: ESMC § 15 -4C -2 is amended to read as follows: "PERMITTED USES: The following uses are permitted in the R -3 Zone: A. Any use permitted in the R -2 Zone. B. Condominiums and stock cooperatives converted from multiple - family dwellings subject to the requirements of the Subdivision Map Act. C. Daycare centers. D. Large family daycare homes pursuant to Section 15 -4A -4 of this Chapter. E. Lodging houses. F. Multiple - family dwellings. MG. Other similar uses approved by the Director of Gemmunity, Development Planning and Building Safety, as provided by Chapter 22 of this Title." SECTION 7: ESMC § 15 -4C -4 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. Any use permitted as a conditionally permitted use in the R -2 Zone. B. , Assembly halls. C. Public parking area, developed and maintained as required by this Chapter when the sideline of the lot or parcel on which it is located forms a common boundary with a lot or parcel zoned for commercial or industrial purposes. D. Senior citizen housing in accordance with California Government Code sections 65913, 65914 and 65915. E. Senior housing facilities, including, but not limited to, rest homes, convalescent homes, or nursing homes. Page 3 0411 F. Other similar uses approved by the Director of Gemmunity, DeyelepmeRt Planning and Building Safety, as provided by Chapter 22 of this Title." SECTION 8: ESMC § 15 -4D -2 is amended to read as follows: "PERMITTED USES: A. The following uses are permitted in the PRD Zone subject to the approval of a PRD plan: Single -and multiple - family dwelling units designed as detached, semi - detached, or attached buildings. B. The following are permitted transitional uses of existing facilities subject to approval of a transitional use PRD plan and time limitations which may be imposed by the Planning Commission or City Council: Ghum s.Assembly halls. Daycare centers. Private schools. Public or private recreation." SECTION 9: ESMC § 15 -5A -2 is amended to read as follows: "PERMITTED USES: The following uses are permitted in the C -RS zeeeZone: A. Billiard -pool rooms and bowling alleys. ........ gym.._ _ C-B. Financial institutions. 0-.C. General Offices. E.D. Government buildings (including offices, police and fire stations, parking and related buildings). Page 4 04 F—.E. Medical - dental offices. G-.F. Restaurants, delicatessens, and cafes (excluding dancing and entertainment). �-G. Retail uses providing sales (excluding off site alcohol sales) and services. 4:H. Schools. uwiu��i��.. L—. I. Other similar uses approved by the diFeGtGF Of GOMMunity, development Director of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 10: ESMC § 15 -5A -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 this title: A. .Assembly halls. B. On site sale and consumption of alcohol at bars. C. Outdoor dining, exempting cafes, outdoor dining at restaurants and drive - though restaurants where outdoor dining comprises twenty percent (20 %) or less of the total dining area of the restaurant or drive - through restaurant, but not exceeding two hundred (200) square feet of floor area. D. Service stations, if a five hundred foot (500') minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard. E. Video arcades with four (4) or more video or arcade machines. F. Other similar uses as approved by the diFeGtGF Of GeFAMURity, development se Director of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 11: ESMC § 15 -5E -2 is amended to read as follows: ze%Zone: "PERMITTED USES: The following uses are permitted in the MU -N Page 5 0 4 '.J A. Business service establishments such as electronic computer facilities and addressing services. B. General offices of commercial, financial or industrial establishments. C. Engineering, industrial design, consultation and other offices. D. Financial institutions. E. Hotels and motels. F. Medical - dental offices or facilities. G. Motion picture /television production facilities (excluding outdoor facilities). H. Restaurants and cafes. I. Retail (excluding off site alcohol sales) and whole sales and service. J. Scientific research and experimental development laboratories. T. . W.K. Other similar uses approved by the diFeGtGF 9f GOMMunob, develepmeRt Director of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 12: ESMC § 15 -5E -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. Assembly halls. A.B. Catering services and flight kitchens. 8-.C. Drive - through restaurants. G-.D. Helicopter landing facilities subject to the provisions of section 15 -2 -13 of this title. Page 6 4,01 10 0-.E. Hospitals. F. Motion picture /television production facilities (outdoor facilities only). :G. On site sale and consumption of alcohol at bars. &H. Outdoor dining, exempting cafes, outdoor dining at restaurants and drive - through restaurants where outdoor dining comprises twenty percent (20 %) or less of the total dining area of the restaurant or drive - through restaurant, but not exceeding two hundred (200) square feet of floor area. KI. Parking facilities, including park and ride lots. W. Recreational facilities (public and commercial). JA. Service stations, if a five hundred foot (500') minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard. K4-L. Video arcades with four (4) or more video or arcade machines. L—.M. Other similar uses approved by the diFeGtGF ef GeMmunity, development Director of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 13: ESMC § 15 -5F -2 is amended to read as follows: "PERMITTED USES: The following uses are permitted in the MU -S zeneZone: A. Business service establishments such as electronic computer facilities and addressing services. B. Engineering, industrial design, consultation and other offices. C. Financial institutions. D. General offices of commercial, financial or industrial establishments. E. Hotels and motels. F. Massage establishments that meet the requirements of title 4, chapter 10 of this code, in addition to all other requirements imposed by law. Page 7 iI, �i 8 G. Medical - dental offices or facilities. H. Motion picture /television production facilities (excluding outdoor facilities). Restaurants and cafes. J. Retail (excluding off site alcohol sales) and wholesale and service K. Scientific research and experimental development laboratories. 1W= nmr N-. L. Other similar uses approved by the diFeGtoF Of GGFnFnUAit,. devefepment °°^V*^° °Director of Planning and Building Safetv, as provided by chapter 22 of this title." SECTION 14: ESMC § 15 -5F -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. Assembly halls. A-.B. Catering services and flight kitchens. 8-.C. Drive - through restaurants. GD. Freight forwarding. Q.-E. Helicopter landing facilities subject to the provisions of section 15 -2 -13 of this title. E.F. Hospitals. F--.G. Motion picture /television production facilities (outdoor facilities only). 6-.H. On site sale and consumption of alcohol at bars. #:l. Outdoor dining, exempting cafes, outdoor dining at restaurants and drive - through restaurants where outdoor dining comprises twenty percent (20 %) or less of the Page 8 l :.l1 total dining area of the restaurant or drive - through restaurant, but not exceeding two hundred (200) square feet of floor area. 4-.J. Parking facilities, including park and ride lots. J:K. Recreational facilities (public and commercial). 441. Service stations, if a five hundred foot (500') minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard. 6M. Video arcades with four (4) or more video or arcade machines. M N. Other similar uses approved by the diFeGteF of remmURit­ , vev ^"' °;t sewoGesDirector of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 15: ESMC § 15 -78 -2 is amended to read as follows: "PERMITTED USES: The following uses are permitted in the GAC ze%Zone: A. Cafes. B. General and medical - dental offices. C. Restaurants, sit down type, excluding facilities with drive - through facilities. D. Retail sales. F-. E. Other similar uses approved by the , eGeRGFniG and ' ^.,,,;eRt seFv *re Director of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 16: ESMC § 15 -713-5 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. Assembly halls. Page 9 615 XB. Outdoor dining, exempting outdoor dining at restaurants and drive -thru restaurants where outdoor dining comprises twenty percent (20 %) or less of the total dining area of the restaurant or drive -thru restaurant, but not exceeding two hundred (200) square feet of floor area. �-C. Service station, if a five hundred foot (500') minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard. GD. Other similar uses approved by the Director of Community, EGenemie and Develepment Planning and Building Safety, as provided by Chapter 22 of this title." SECTION 17: ESMC § 15 -7C -2 is amended to read as follows: "PERMITTED USES: The following uses would be permitted in the proposed MMO District: A. Commissary. B. Craft shops and rentals. C. Movie and entertainment facilities. D. Multimedia archive facilities. E. Multimedia related office and post production facilities. F. Picture equipment sales. G. Special effects studios. H. Studio /sound stage(s) and other support facilities. d 1. Other similar uses approved by the Director of Gemmunity, Development Se Fyiees Planning and Building Safety, as provided by Chapter 22 of this Title." SECTION 18: ESMC § 15 -7C -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 Page 10 0 i this Title. ' A. Assembly halls. B Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 22 of this title." SECTION 19: ESMC § 15 -10 -4 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. Assembly halls. A:K Charitable institutions. C. Private recreation. D. Publicly owned facilities such as warehouses and storage yards. E. Other similar uses approved by the Director of Gemmunity, F=GORGM*G and Development Planning and Building Safety, as provided by Chapter 22 of this Title." SECTION 20: A new Chapter 13A, consisting of §§ 15 -13A -1 to 15 -13A -4 and entitled "Assembly Halls," is added to Title 15 of the El Segundo Municipal Code ( "ESMC ") to read as follows: "Chapter 13A ASSEMBLY HALLS 15- 13A -1: Definitions. 15- 13A -2: Compliance with Permit Requirements 15- 13A -3: Parking Requirements 15- 13A -4: Compatibility with Surrounding Uses 15- 13A -1: Definitions. Page 11 i(i S,: Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter: A. "Assembly Hall" means a building, or portion of a building, used for large scale public or private gatherings of people. For example, and without limitation, assembly halls include private educational facilities; religious institutions; clubs; lodges; theaters; and similar kinds of facilities whether available for public or private use. 15- 13A -2: Compliance with Permit Requirements. Any ancillary uses affiliated with an assembly hall must be specifically identified and permitted by a validly issued conditional use permit pursuant to this chapter or be separately permitted in accordance with the requirements for that zone. For example, and without limitation, a day care center or private school associated with an assembly hall must be identified as an authorized use in the conditional use permit. 15- 13A -3: Parking Requirements. A. Off - street parking must be provided in accordance with the requirements set forth in this Title including, without limitation, landscaping requirements. B. Where an assembly hall is established in a residential zone, the required front yard may not be used for parking vehicles. 15- 13A -4: Compatibility with Surrounding Uses. A. All buildings, structures, and landscaping must be developed and maintained in a manner compatible with development on surrounding properties. B. For assembly halls located within or adjacent to a residential zone, the Planning Commission may condition hours of operation to ensure compatibility with adjacent residential uses." SECTION 21: All references in the ESMC purporting to regulate churches, temples, or other religious institutions, are amended to refer to "assembly halls." SECTION 22: Downtown Specific Plan Section VI.A.2 is amended to read as follows: "Permitted Uses - a. First floor street -front level, with a minimum building depth of 25 feet: I-� Retail sales and services Restaurants &.jiij Recreational uses ikQvJ Governmental offices Page 12 v.vl Banks, not to exceed 500 square feet v�,v�i General offices v -.vii Medical- dental offices v4i-.v i Outdoor retail uses such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review i*-.ix) Other similar pedestrian oriented retail - service uses and offices approved by the Director of Planning and Building Safety, as provided by Section V., Administration. b. Above and behind street -front level, and adjacent to alleys: i) All uses listed above in a. ii) Clubs and halls 44ii Schools iii\ TheateFc viii Banks v4iv Other similar uses approved by the Director of Community Economic and Development Services, as provided by Section V., Administration. C. Above street -front level: i) All uses listed above in a. and b. ii) Business tenant/owner- occupied residential units iii) Other similar uses approved by the Director of Planning and Buildina Safety, as provided by Section V., Administration" SECTION 23: Downtown Specific Plan Section VI.A.5 is amended to read as follows: "Uses Subject to a Conditional Use Permit — Cede 3(El Segundo Municipal Code Chapter 15 -23) a First floor street -front level with a minimum building depth of 25 feet: a 1 Bars iii Outdoor entertainment and dancing e:iLH Outdoor amplified sound, which exceeds more than four single events in one calendar year d iv Video arcades with four or more machines e:yJ Other similar uses approved by the Director of Community, Economic and Development Services, as provided by Section V., Administration b Above and behind street -front level and adjacent to alleys: i) All uses listed above in a. ii) Assembly halls." SECTION 24: Downtown Specific Plan Section VI.A.6 is amended to read as follows: Page 13 "Prohibited Uses - All other uses which are not Permitted Uses, Permitted Accessory Uses, Uses Subject to an Administrative Use Permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants b. ChuFGhes e b. Service stations d:c. Tattoo parlors" SECTION 25: Downtown Specific Plan Section V1.B.2 is amended to read as follows: "Permitted Uses - a. First floor street -front level above and behind street front level and adjacent to alleys: a I Retail sales and services b:-ii Restaurants viii Recreational uses d- Livj Government offices e:vJ General offices f vi Medical- dental offices d-ha4s 44i Schools i.ix) The j.*)yjiii Banks k-.L,xl Outdoor retail uses such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review. Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration. b. Above street -front level: i) All uses listed above in a. ii) Business tenant/owner- occupied residential units iii) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration." SECTION 26: Downtown Specific Plan Section V1.B.5 is amended to read as follows: "Uses Subject to a Conditional Use Permit — (EI Segundo Municipal Code Chapter 15 -23) a First floor street -front level with a minimum building depth of 25 feet: a:1 Bars iii Outdoor entertainment and dancing e.iii Outdoor amplified sound, which exceeds more than four single events in one calendar year d iv Video arcades with four or more machines Page 14 L 6 IS') I e y1 Other similar uses approved by the Director of Gemmunuty, F.GenemiG and Planning and Building Safety, as provided by Section V., Administration b Above and behind street -front level and adjacent to alleys: i) All uses listed above in a. ii) Assembly halls." SECTION 27: Downtown Specific Plan Section VI.B.6 is amended to read as follows: "Prohibited Uses - All other uses which are not Permitted Uses, Permitted Accessory Uses, Uses Subject to an Administrative Use Permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants r,. b. Service stations" SECTION 28: Downtown Specific Plan Section VI.C.2 is amended to read as follows: "Permitted Uses - a. First floor street -front level above and behind street front level and adjacent to alleys: a-. J Retail sales and services #:ii Restaurants viii Recreational uses d-iv Governmental offices e-vJ General offices f-. v Ji Medical - dental offices g. Clubs and ha4s h-.viij Schools i Th�� j viii Banks k. Red and Weakiast Hete4s I Anti t and de Ign studiG eix Outdoor retail uses such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review n-.xl Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration." b. Above street -front level: All uses listed above in a. ii) Business tenant/owner- occupied residential units iii) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration." Page 15 SECTION 29: Downtown Specific Plan Section VI.C.5 is amended to read as follows: "Uses subject to a Conditional Use Permit — de}(EI Segundo Municipal Code Chapter 15 -23) a. First floor street -front level with a minimum building depth of 25 feet: a-. 1 Bars iii Outdoor entertainment and dancing s:iii Outdoor amplified sound, which exceeds more than four single events in one calendar year d:iv Video arcades with four or more machines e-1 Other similar uses approved by the Director of Community, Economic and Development Services, as provided by Section V., Administration. b Above and behind street -front level and adiacent to alleys: i) All uses listed above in a. ii) Assembly halls" SECTION 30: Downtown Specific Plan Section VI.C.6 is amended to read as follows: "Prohibited Uses - AII other uses which are not Permitted Uses, Permitted Accessory Uses, Uses Subject to an Administrative Uses Permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants gib. Service stations" SECTION 31: Downtown Specific Plan Section VI.D.2 is amended to read as follows: "Permitted Uses - a. First floor street -front level above and behind street front level and adjacent to alleys: a I Retail sales and services iii Restaurants G iii Recreational uses 6.7ivj Governmental offices awl General offices f-.vI Medical- dental offices 9.. aid- Tails #vii Schools TheateFS }:viii Banks mix Bed and Breakfast hotels Page 16 �l 1 LK Artists and design studios n,,. xi Outdoor retail uses such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review xii Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration" b. Above street -front level: All uses listed above in a. Business tenant/owner- occupied residential units Other similar uses approved by the Director of Planning_ and Building Safety, as provided by Section V. Administration" SECTION 32: Downtown Specific Plan Section VI.D.5 is amended to read as follows: "Uses Subject to a Conditional Use Permit — }(EI Segundo Municipal Code Chapter 15 -23) a. First floor street -front level with a minimum building depth of 25 feet: a i� Bars b ii Outdoor entertainment and dancing -iii Outdoor amplified sound, which exceeds more than four single events in one calendar year d iv Video arcades with four or more machines e-v, Other similar uses approved by the Director of Gemmunity, EGGROMOG and Devele__^�+ 0- Planning and Building Safety, as provided by Section V., Administration. b Above and behind street -front level and adjacent to alleys: i) All uses listed above in a. ii) Assembly halls." SECTION 33: Downtown Specific Plan Section VI.D.6 is amended to read as follows: "Prohibited Uses - All other uses which are not Permitted Uses, Permitted Accessory Uses, Uses Subject to an Administrative Uses Permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants 6:b. Service stations." SECTION 34: Downtown Specific Plan Section VI.E.2 is amended to read as follows: "Permitted Uses - a. First floor street -front level and adjacent to pedestrian access ways, including internal access ways, with a minimum building depth of 25 Page 17 feet: �. J Retail sales and services ++ ii Restaurants &iii Recreational uses j� Livj Government offices v-.yl Banks, not to exceed 500 square feet v+-.vi General offices v+-.v Medical- dental offices v4.yiiij Bed and breakfast hotel +mix outdoor retail uses such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review. *7x1 Other similar pedestrian oriented retail - service uses and offices, approved by the Director of Planning and Building Safety, as provided by Section V., Administration. b. Above and behind street -front level, and adjacent to alleys: i) All uses listed above in a. Glubs and halls ++F}ii Schools and daycare av) — theaters }iii Banks vi4ivI Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration. C. Above street -front level: i) All uses listed above in a. ii) Business tenant/owner- occupied residential units iii) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration." SECTION 35: Downtown Specific Plan Section VI.E.5 is amended to read as follows: "Uses Subject to a Conditional Use Permit — MUeisipal Gede}(EI Segundo Municipal Code Chapter 15 -231 a First floor street -front level with a minimum building depth of 25 feet: a-. Ii Bars iii Outdoor entertainment and dancing G-. iii Outdoor amplified sound, which exceeds more than four single events in one calendar year Div Video arcades with four or more machines e:vJ Other similar uses approved by the Director of , Planning and Building Safety, as provided by Section V., Administration. Page 18 b Above and behind street -front level and adiacent to alleys: i) All uses listed above in a. ii) Assembly halls' SECTION 36: Downtown Specific Plan Section VI.E.6 is amended to read as follows: "Prohibited uses - All other uses which are not Permitted Uses, Permitted Accessory Uses, Uses Subject to an Administrative Use Permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants G.-b- Service stations" SECTION 37: Downtown Specific Plan Section VI.F.2 is amended to read as follows: "Permitted Uses - First floor street -front level, with a minimum building depth of 25 feet: i) Retail sales and services ii) Restaurants iii) Recreational uses iv) Government offices v) Banks vi) General offices vii) Medical- dental offices v++A Club and s Schools 4 ixJ Outdoor retail uses such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review. x4)xl Other similar pedestrian oriented retail - service uses and offices approved by the Director of Planning and Building Safety, as provided by Section V., Administration." SECTION 38: Downtown Specific Plan Section VI.F.5 is amended to read as follows: "Uses Subject to a Conditional Use Permit — JEI Segundo Municipal Code Chapter 15 -23) a First floor street front level with a minimum building depth of 25 feet: a-. Ii Bars # ii Video arcades with four or more machines sari Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration. Page 19 b. Above and behind street -front level and adiacent to alleys: i) All uses listed above in a. ii) Assembly halls." SECTION 39: Downtown Specific Plan Section VI.F.6 is amended to read as follows: "Prohibited Uses - All other uses which are not Permitted Uses, Permitted Accessory Uses, Uses Subject to an Administrative Use Permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants h Assembly hn# s.b. Service stations dc. Tattoo parlors e.d. Outdoor entertainment and dancing Vie. Outdoor amplified sound, which exceeds more than four single events in one calendar year." SECTION 40: Downtown Specific Plan Section VI-G.5 is amended to read as follows: "Uses Subject to a Conditional Use Permit — (El Segundo Municipal Code Chapter 15 -23) a. First floor street -front level, with a minimum building depth of 25 feet: a J Bars iii I Bed and Breakfast Inns G-.i Video arcades with four or more machines Div I Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration. b. Above and behind street -front level and adjacent to alleys: i) All uses listed above in a. ii) Assembly halls." SECTION 41: Downtown Specific Plan Section VI.G.6 is amended to read as follows: "Prohibited Uses - All other uses which are not Permitted Uses, Permitted Accessory Uses, Uses Subject to an Administrative Use permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants G--b- Service stations g:c. Tattoo parlors 14--d. Outdoor entertainment and dancing Page 20 I(� 6j, 1 i-.e. Outdoor amplified sound, which exceeds more than four single events in one calendar year." SECTION 42: CONSTRUCTION. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 43: ENFORCEABILITY. Repeal of any provision of the El 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 44: 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 45: 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 46: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 47: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this day of , 2010. Eric Busch, Mayor Page 21 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of , 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 , 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 M Karl H. Berger, Assistant City Attorney P: \Planning & Building Safety \Planning - Old \PROJECTS (Plan n ing)\876-900\EA-884\EA-884 Assembly Halls Ordinance 082610.doc Page 22 ORDINANCE NO. EXHIBIT "A" FINDING OF CONSISTENCY WITH GENERAL PLAN EIR CITY OF EL SEGUNDO AMENDMENT TO EL SEGUNDO MUNICIPAL CODE TO AMEND TITLE 15 OF THE EL SEGUNDO MUNICIPAL CODE AND ESTABLISH A CHAPTER REGULATING ASSEMBLY HALL USES August 2010 The City of El Segundo has initiated an application that proposing to amend Title 15 of the El Segundo Municipal Code and establish a chapter regulating assembly hall uses. 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, etseq.), and the City of El Segundo CEQA Guidelines. This document serves as the project environmental documentation pursuant to CEQA. Background In 1992, El 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 El Segundo and within its sphere of influence. The circumstances, impacts, and mitigation requirements identified in the General Plan EIR 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 amendment to the El Segundo Municipal Code establishing Title 15 Chapter 13A (Assembly Halls) will set a new definition and developments standards for assembly hall uses. Relationship of the Zoning Text Amendment to the General Plan The proposed amendment to the El Segundo Municipal Code ( "ESMC ") implements the goals, policies and programs outlined in the 1992 General Plan, including the Land Use and Noise elements. It is consistent with Goal LU 1, Objective LU 1 -5, of the Land Use element, in that it creates policies design standards; helps create a sense of place for the entire City; develops standards that will ensure the compatibility of assembly hall uses with surrounding uses; and encourages the construction of high - quality, well designed developments through the adoption of property development standards. In addition, it is consistent with Goal N1, Objective N1 -2 of the Noise Element, in that it helps ensure that City residents are not exposed to excessive noise from stationary sources. Adoption of the proposed amendment 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. Environmental Analysis The proposed zone text amendment is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, etseq., "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 thereof. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment. In addition, any environmental impacts associated with this ordinance are adequately addressed in the General Plan FEIR. Accordingly, this ordinance is consistent with the General Plan FEIR and is exempt from further environmental review requirements under the California Environmental Quality Act. Furthermore, this ordinance constitutes a component of the El Segundo Municipal Code which the Planning Commission determined to be consistent with the FEIR for the City of El Segundo General Plan on December 1, 1992. Accordingly, no further environmental review is required pursuant to 14 Cal. Code Regs. § 15168(c)(2). Findings Based on the above analysis, the City of El Segundo hereby makes the following findings: In 1992, the City of El Segundo adopted a comprehensive General Plan update and certified a Final EIR. 2. The proposed amendment consists of text changes. The ESMC Title 15 Chapter 13A (Assembly Halls) will be established to regulate assembly hall uses. The new Chapter 13A will set a new definition and new development standards for assembly halls. In addition, the permitted uses and conditionally permitted uses in various zones and the Downtown Specific Plan will be amended to accommodate assembly hall uses. 3. Adoption of proposed amendment will not result in any new or increased environmental effects, and no new mitigation measures are required. 4. Pursuant to Section 15168(c)(2) of the CEQA Guidelines, no new environmental documentation is required for adoption of the amendments to the ESMC. Finding of Consistency 2 6 6 5) CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC HEARING: August 26, 2010 SUBJECT: Environmental Assessment No. EA -884, Zone Text Amendment ZTA 10 -05, and Specific Plan Text Amendment SPTA 10 -02 APPLICANT: City of El Segundo PROPERTY OWNER: Various REQUEST: Environmental Assessment, Zone Text Amendment to amend the El Segundo Municipal Code ( "ESMC ") to establish a new Title 15 Chapter 13A regarding assembly halls and to amend the permitted and conditionally permitted uses in various zones, and Specific Plan Text Amendment to amend the permitted and conditionally permitted uses within the Downtown Specific Plan PROPERTY INVOLVED: Citywide I. Introduction The proposed project is an ordinance establishing a new ESMC Title 15 Chapter 13A regarding assembly halls, amending the permitted and conditionally permitted uses in various zones, and amending the Downtown Specific Plan permitted and conditionally permitted uses. II. Recommendation Planning staff recommends that the Planning Commission review the facts as contained within this report and submitted during the public hearing, and then adopt Resolution No. 2679 recommending that the City Council approve Environmental Assessment No. 884, Zone Text Amendment 10 -05, and Specific Plan Text 0 13 t)l Amendment 10 -02. III. Background Staff initiated the proposed Zone Text Amendment and Specific Plan Text Amendment in response to the enactment in 2000 of the Religious Land Use and Institutionalized Persons Act (RLUIPA). RLUIPA is intended to limit government's ability to "impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution." The intent of the proposed Amendments is to make the ESMC and the Downtown Specific Plan consistent with the provisions of RLUIPA. IV. ANALYSIS The analysis section includes a description of the proposed Amendments, a discussion of their consistency with the El Segundo Municipal Code, the General Plan, and the required Environmental Review. A. ZONE TEXT AMENDMENT: The intent of the proposed ordinance is to treat religious assemblies or institutions consistently with RLUIPA, which is to treat them equally with other assembly hall uses. The proposed ordinance sets a common definition and standards for all types of assembly uses. Proposed Chapter 13A Definition of assembly halls The proposed definition for assembly hall use encompasses all assembly hall uses, including secular and religious uses. The proposed definition states: " "Assembly Hall" means a building, or portion of a building, used for large scale public or private gatherings of people. For example, and without limitation, assembly halls include private educational facilities; religious institutions; clubs; lodges; theaters, and similar kinds of facilities whether available for public or private use." In addition to the above definition, Section 2 of the proposed Ordinance replaces all references in the ESMC purporting to regulate churches, temples, or other religious institutions, with the general term "assembly halls." Both the definition and the language in Section 2 aim to eliminate the distinction between religious institutions and other assembly uses. 2 Standards for assembly halls In addition to the definition, the proposed ordinance establishes common standards for assembly hall uses: 1. Uses ancillary to assembly halls, must be specifically authorized by a conditional use permit authorizing the assembly hall, or must be separately permitted by another permit. 2. Assembly hall uses must meet the parking requirements established in the ESMC and may not use required front yard setbacks for parking purposes. Compatibility with surrounding uses The proposed ordinance also requires that assembly hall uses be compatible with the surrounding properties and developments, and it authorizes the Planning Commission to regulate their hours of operation. Amendments to Individual Zones The proposed definition of assembly halls includes several uses that are currently addressed in the El Segundo Municipal Code. The uses include, without limitation, clubs, trade union halls, fraternities, sororities, lodges, theaters, and religious facilities. However, these uses are not always addressed consistently in the code. For example, in the Downtown Commercial (C -RS) Zone, churches, church schools and religious facilities are permitted with a Conditional Use Permit (CUP), whereas theaters and union halls are permitted by right. To address such inconsistencies and to remove any differentiation between the same assembly hall uses, several changes are proposed to the permitted and conditionally permitted uses of various Zones. Those changes are summarized in the following table. 3 06B Current Code Proposed Code Zone Permitted Permitted with CUP Permitted with CUP R -2 Churches Assembl Halls R -3 Private clubs, Private clubs, Assembly Halls fraternities, sororities fraternities, sororities, and lodges, except and lodges operating those operating as a primarily as a business business PRD Churches, private Assembly Halls clubs, fraternities, 3 06B All of the uses currently listed in the above zones that fall under the proposed assembly hall definition will be replaced with the term "Assembly Hall" and be permitted in those zones only with a conditional use permit. B. SPECIFIC PLAN AMENDMENT The intent of the proposed Specific Plan Amendment is to bring the Downtown Specific Plan (DSP) into conformance with RLUIPA's provisions. The DSP currently prohibits churches in most of its districts, while it permits other assembly hall types of uses by right. Several changes are proposed in the permitted, conditionally permitted, and prohibited uses to address these inconsistencies. The following table summarizes the current and proposed provisions of the DSP: Current Code sororities, and lodges District C -RS Private clubs, theaters, Churches, church Assembly Halls Permitted union offices and halls, schools, and religious or union offices, or halls facilities Main Street MU- Theaters, trade union Residential Assembly Halls N halls, clubs, including halls, and units above service clubs, veterans' Halls theaters organizations, lodges street -front and similar nonprofit level* organizations MU -S Theaters, trade union Assembly Halls halls, clubs, including service clubs, veterans' organizations, lodges and similar nonprofit organizations GAC Theaters Assembly Halls MMO Theater and Assembly Halls performance space P -F Churches, church Assembly Halls schools, and religious facilities All of the uses currently listed in the above zones that fall under the proposed assembly hall definition will be replaced with the term "Assembly Hall" and be permitted in those zones only with a conditional use permit. B. SPECIFIC PLAN AMENDMENT The intent of the proposed Specific Plan Amendment is to bring the Downtown Specific Plan (DSP) into conformance with RLUIPA's provisions. The DSP currently prohibits churches in most of its districts, while it permits other assembly hall types of uses by right. Several changes are proposed in the permitted, conditionally permitted, and prohibited uses to address these inconsistencies. The following table summarizes the current and proposed provisions of the DSP: 4 vA Current Code Proposed Code District Permitted Prohibited Permitted Prohibited Permitted with CUP Main Street Clubs, Churches Residential Assembly halls, and units above Halls theaters street -front level* 4 vA Main Street Clubs, Churches Residential Assembly Transitional halls, and units above Halls theaters street -front level* Richmond Clubs, Churches Residential Bed and Assembly Street halls, units above breakfast Halls theaters, street -front hotels, and bed and level* artist and breakfast design hotels, studios* and artist and design studios* North Clubs, Churches Residential Assembly Richmond halls, and units above Halls Street theaters street -front level* Grand Clubs, Churches Residential Assembly Avenue halls, and units above Halls theaters street -front level* West Clubs, Assembly Assembly Grand halls, and Halls Halls Avenue theaters Transitional (North) West Assembly Assembly Grand Halls Halls Avenue Transitional South * In 2009, the City processed a Specific Plan Text Amendment related to Temporary uses. During the process, residential units on the upper levels were inadvertently deleted from the list of permitted uses, and bed and breakfast hotels and artist studios were added to the permitted uses of some districts. Staff noticed these errors during its research on the current amendments and has corrected them in the proposed ordinance. All of the uses currently listed in the above districts that fall under the proposed assembly hall definition will be replaced with the term "Assembly Hall" and will be permitted in those districts only with a conditional use permit. 5 0 !0 FINDINGS: Consistency with the El Segundo Municipal Code Pursuant to ESMC Title 15, Chapter 26 (Amendments), in order to recommend City Council approval of the proposed amendments, the Planning Commission must find that the amendments are necessary to carry out the general purpose of Title 15. - The purpose of this Title (ESMC § t5 -1 -1 -) is to serve the public health, safety, and general welfare and to provide economic and social advantages resulting from an orderly planned use of land resources. Planning staff believes that the Planning Commission can make the findings in order to recommend City Council approval of the proposed amendment. The findings are discussed in the proposed resolution. V. GENERAL PLAN CONSISTENCY ESMC 15 -1 -1 (Purpose, Title) states that Title 15 is the primary tool for implementation of the goals, objectives, and policies of the El Segundo General Plan. Accordingly, the Planning Commission must find that the proposed Zone Text Amendment is consistent with those goals, objectives, and policies. Planning staff believes that the Planning Commission can make the findings in order to recommend City Council approval of the proposed amendment. The findings are discussed in the proposed resolution. VI. ENVIRONMENTAL REVIEW The proposed zone text amendment 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 existing zoning regulations and related procedures. It does not have the effect of deleting or substantially changing any regulatory standards or findings required thereof. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment. In addition, any environmental impacts associated with this ordinance are adequately addressed in the General Plan FEIR. Accordingly, this ordinance is consistent with the General Plan FEIR and is exempt from further environmental review requirements under the California Environmental Quality Act. Furthermore, this ordinance constitutes a component of the El Segundo Municipal Code which the Planning Commission determined to be consistent with the FEIR for the City of El Segundo General Plan on December 1, 1992. Accordingly, no further environmental review is required pursuant to 14 Cal. Code Regs. § 15168(c)(2). N 071 VII. CONCLUSION The proposed Zone Text Amendment establishes a new ESMC Title 15 Chapter 13A that establishes standards regarding assembly hall uses. The proposed Chapter would set common standards for all assembly uses including religious institutions, which is consistent with the requirements of the Religious Land Use and - Institutionalized Persons Act -. - Therefore, - staff- recommends that- the- Planning Commission adopt Resolution No. 2679, establishing ESMC Title 15 Chapter 13A regulating assembly halls, and amendments to the permitted and conditionally permitted uses in various zones, and to amend the permitted and conditionally permitted uses within the Downtown Specific Plan. VIII. EXHIBITS A. Draft Planning Commission Resolution No. 2679, including Draft Council Ordinance Prepared by: Paul Samaras, Principal Planner 50ij9"hi Kimberly Chrikensen, AICP, Planning Manager Department of Planning & Building Safety Gre arp nter, Director De ment of Planning & Building Safety PAPlanning & Building Safety\0 Planning - Old \PROJECTS (Plan ning) \876 - 900 \EA - 884 \EA -884 PC SR 08262010 Final.doc 7 072 RESOLUTION NO. 2679 A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING THE Ell SEGUNDO MUNICIPAL CODE ( "ESMC ") ADDING A NEW TITLE 15 CHAPTER 13A REGULATING ASSEMBLY HALLS, AMENDING THE PERMITTED AND CONDITIONALLY PERMITTED USES IN VARIOUS ZONES, AND AMENDING THE PERMITTED AND CONDITIONALLY PERMITTED USES IN THE DOWNTOWN SPECIFIC PLAN. (EA NO. 884, ZTA NO. 10 -05, and SPTA No. 10 -02) The Planning Commission of the City of El Segundo does resolve as follows: SECTION 1: The Planning Commission finds and declares that: A. On September 22, 2000, the Religious Land Use and Institutionalized Persons Act (RLUIPA) was enacted by the Federal government. B. The RLUIPA is intended to limit the government's ability to impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution. C. On July 21, 2010, the City of El Segundo initiated an application for Environmental Assessment No. EA -884, Zone Text Amendment No. 10- 05, and Specific Plan Text Amendment No. 10 -02 to amend the ESMC to establish a new Title 15 Chapter 13A regulating assembly halls; D. The application 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; E. 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); F. The Planning and Building Safety Department completed its review and scheduled the public hearing regarding the application before the Planning Commission for August 26, 2010; G. On August 26, 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 -1- 073 Planning Commission by City staff and public testimony; and H. This Resolution and its findings are made based upon the evidence presented to the Commission at its August 26, 2010, 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 proposed ordinance establishes a new ESMC Title 15 Chapter 13A regulating assembly hall uses including, without limitation, as follows: A. It affects all zones in the City of El Segundo. B. It establishes a common definition for all assembly hall uses. C. It establishes common standards for all assembly hall uses. D. It establishes objective, content neutral, land use regulations for using facilities designed to accommodate large scale public and private assemblies of people. SECTION 3: Environmental Assessment. Because of the facts set forth in Section 2, the proposed zone text amendment 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 existing zoning regulations and related procedural requirements. It will not have the effect of deleting or substantially changing any regulatory standards or required findings. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment. In addition, any environmental impacts associated with this ordinance are adequately addressed in the General Plan FEIR. Accordingly, this ordinance is consistent with the General Plan FEIR and is exempt from further environmental review requirements under the California Environmental Quality Act. Furthermore, this ordinance constitutes a component of the El Segundo Municipal Code which the Planning Commission determined to be consistent with the FEIR for the City of El Segundo General Plan adopted on December 1, 1992. Accordingly, no further environmental review is required pursuant to 14 Ca. Code Regs. § 15168(c)(2). SECTION 4: General Plan Findings. As required under Government Code § 65454 the ESMC amendments proposed by the Ordinance are consistent with the El Segundo General Plan as follows: A. It conforms with the Land Use Element Goals, Objectives and Policies. Specifically, the ordinance is consistent with Goal LU1, Objective LU1 -5, in that it creates policies, design standards; helps create a sense of place for the entire City; develops standards that will ensure the compatibility of -2- 074 assembly hall uses with surrounding uses; and encourages the construction of high - quality, well designed developments through the adoption of property development standards. B. It conforms with the Noise Element Goals Objectives and Policies. Specifically, it is consistent with Goal N1, Objective N1-2, in that it helps - ensure that-City residents -are not exposed to excessive noise from stationary sources. SECTION 5: Zone Text Amendment Findings. In accordance with ESMC § 15 -26 -4 and 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 as follows: A. It is consistent with the purpose of the ESMC, 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. It is necessary to facilitate the development process and ensure the orderly development of properties with assembly hall uses that are compatible with surrounding properties and developments. SECTION 6: Specific Plan Findings. After considering the above facts, the Planning Commission finds as follows: A. The proposed ordinance affects all properties and districts in the Downtown Specific Plan. B. The proposed amendment to the Downtown Specific Plan is consistent with the General Plan land use designation for the properties involved. SECTION 7: Recommendations. The Planning Commission recommends that the City Council adopt the ordinance set forth in attached Exhibit "A," which is incorporated into this ordinance by reference. SECTION 8: Reliance On Record. Each and every one of the findings and determination in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the Planning Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole. SECTION 9: Limitations. The Planning Commission's analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the Planning Commission's lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the -3- 075 limitations on the city's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework. SECTION 10: This Resolution will remain effective until superseded by a subsequent resolution. SECTION 11: The Commission secretary is directed to mail a copy of this Resolution to any person requesting a copy. SECTION 12: This Resolution may be appealed within ten (10) calendar days after its adoption. All appeals must be in writing and filed with the City Clerk within this time period. Failure to file a timely written appeal will constitute a waiver of any right of appeal. PASSED AND ADOPTED this 26th day of August, 2010. ATTEST: Greg Carpenter, Secretary APPROVED AS TO FORM: Mark D. Hensley, City Attorney as David Wagner, Chairperson City of El Segundo Planning Commission Karl H. Berger, Assistant City Attorney Wagner - Fellhauer - Baldino - Barbee - Newman - PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \876 - 900 \EA - 884 \EA -884 PC Reso 08262010 Final -4- 017 6 ORDINANCE NO. AN ORDINANCE ADDING A NEW CHAPTER 13A TO TITLE 15 REGULATING ASSEMBLY HALLS, AMENDING THE PERMITTED AND CONDITIONALLY PERMITTED USES IN VARIOUS ZONES, AND AMENDING THE PERMITTED AND CONDITIONALLY PERMITTED USES IN THE DOWNTOWN SPECIFIC PLAN. The City Council of the city of El Segundo does ordain as follows: SECTION 1: The City Council finds and declares as follows: A. This ordinance is intended to establish objective, content neutral, land use regulations for using facilities designed to accommodate large scale public and private assemblies of people; B. Such gatherings, whether periodic or ongoing, impact surrounding land uses with vehicle and pedestrian traffic; noise; and other, similar, effects caused by large crowds; C. The City's ability to exercise its powers in accordance with Article XI, § 7 of the California Constitution to regulate land use is well - established. This ordinance is intended to regulate aesthetics, traffic, parking, public peace, and other, similar, matters related to public health, safety, and welfare; D. Any environmental impacts associated with this ordinance are adequately addressed in the General Plan FEIR. Accordingly, this ordinance is consistent with the General Plan FEIR and is exempt from further environmental review requirements under the California Environmental Quality Act. E. This ordinance constitutes a component of the El Segundo Development Code which the Planning Commission determined to be consistent with the FEIR for the 1992 El Segundo General Plan on December 1, 1992. Accordingly, no further environmental review is required pursuant to 14 Cal. Code Regs. § 15168(c)(2). The Finding of Consistency is attached as Exhibit 'A" and incorporated by reference. SECTION 2: General Plan Findings. As required under Government Code § 65454 the ESMC amendments proposed by this Ordinance are consistent with the El Segundo General Plan as follows: A. It conforms with the Land Use Element Goals, Objectives and Policies. Specifically, the Ordinance is consistent with Goal LU 1, Objective LU 1 -5, in that it creates policies, design standards; helps create a sense of place for the entire City; develops standards that will ensure the compatibility of Page 1 077 assembly hall uses with surrounding uses; and encourages the construction of high - quality, well designed developments through the adoption of property development standards. B. It conforms with the Noise Element Goals Objectives and Policies. Specifically, it is consistent with Goal N 1, Objective N 1 -2, in that it helps ensure that City residents are not exposed to excessive noise from stationary sources. SECTION 3: Zone Text Amendment Findings. In accordance with ESMC § 15 -26 -4 and 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 as follows: A. It is consistent with the purpose of the ESMC, 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. It is necessary to facilitate the development process and ensure the orderly development of properties with assembly hall uses that are compatible with surrounding properties and developments. SECTION 4: Specific Plan Findings. After considering the above facts, the City Council finds as follows: A. This Ordinance affects all properties and districts in the Downtown Specific Plan. B. This amendment to the Downtown Specific Plan is consistent with the General Plan land use designation for the properties involved. SECTION 5: ESMC § 15 -413-5 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. Any use permitted as a conditionally permitted use in the R -1 Zone. B. Assembly halls. C. Private schools. D. Other similar uses approved by the Director of Gemmunity, EGGROMOG and Develepment Planning and Building Safet , as provided by Chapter 22 of this Title." Page 2 078 SECTION 6: ESMC § 15 -4C -2 is amended to read as follows: "PERMITTED USES: The following uses are permitted in the R -3 Zone: A. Any use permitted in the R -2 Zone. B. Condominiums and stock cooperatives converted from multiple- family dwellings subject to the requirements of the Subdivision Map Act. C. Daycare centers. D. Large family daycare homes pursuant to Section 15 -4A -4 of this Chapter. E. Lodging houses. F. Multiple - family dwellings. H. Other similar uses approved by the Director of Community, EGGReFn'G and Development Planning and Building Safety, as provided by Chapter 22 of this Title." SECTION 7: ESMC § 15 -4C -4 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. Any use permitted as a conditionally permitted use in the R -2 Zone. B. PFayate Glubs, ftateFnitffies, Assembly halls. C. Public parking area, developed and maintained as required by this Chapter when the sideline of the lot or parcel on which it is located forms a common boundary with a lot or parcel zoned for commercial or industrial purposes. D. Senior citizen housing in accordance with California Government Code sections 65913, 65914 and 65915. E. Senior housing facilities, including, but not limited to, rest homes, convalescent homes, or nursing homes. Page 3 F. Other similar uses approved by the Director of Gemmunity, Develepment Planning and Building Safety, as provided by Chapter 22 of this Title." SECTION 8: ESMC § 15 -4D -2 is amended to read as follows: - "PERMITTED USES:- A. The following uses are permitted in the PRD Zone subject to the approval of a PRD plan: Single -and multiple - family dwelling units designed as detached, semi - detached, or attached buildings. B. The following are permitted transitional uses of existing facilities subject to approval of a transitional use PRD plan and time limitations which may be imposed by the Planning Commission or City Council: GhUFGhes.Assembly halls. Daycare centers. Private schools. Public or private recreation." SECTION 9: ESMC § 15 -5A -2 is amended to read as follows: "PERMITTED USES: The following uses are permitted in the C -RS zeneZone: A. Billiard -pool rooms and bowling alleys. GB. Financial institutions. D-.C. General Offices. €:D. Government buildings (including offices, police and fire stations, parking and related buildings). Page 4 f.. u 4) F-.E. Medical - dental offices. &F. Restaurants, delicatessens, and cafes (excluding dancing and entertainment). K.G. Retail uses providing sales (excluding off site alcohol sales) and services. �.H. Schools. K. Union GffiGes and hall -I , L-. I. Other similar uses approved by the direGteF Of G9MFAUAit­ develepment se Director of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 10: ESMC § 15 -5A -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 this title: A .Assembly halls. B. On site sale and consumption of alcohol at bars. C. Outdoor dining, exempting cafes, outdoor dining at restaurants and drive - though restaurants where outdoor dining comprises twenty percent (20 %) or less of the total dining area of the restaurant or drive - through restaurant, but not exceeding two hundred (200) square feet of floor area. D. Service stations, if a five hundred foot (500') minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard. E. Video arcades with four (4) or more video or arcade machines. F. Other similar uses as approved by the , Director of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 11: ESMC § 15 -5E -2 is amended to read as follows: zei►eZone: "PERMITTED USES: The following uses are permitted in the MU -N Page 5 Mi A. Business service establishments such as electronic computer facilities and addressing services. B. General offices of commercial, financial or industrial establishments. C. Engineering, industrial design, consultation and other offices. D. Financial institutions. E. Hotels and motels. F. Medical - dental offices or facilities. G. Motion picture /television production facilities (excluding outdoor facilities). H. Restaurants and cafes. I. Retail (excluding off site alcohol sales) and whole sales and service. J. Scientific research and experimental development laboratories. NIX. Other similar uses approved by the diFeGteF of Gemmunit" , deyelepment Director of Planning_ and Building Safety, as provided by chapter 22 of this title." SECTION 12: ESMC § 15 -5E -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. Assembly halls. A. B. Catering services and flight kitchens. 8:C. Drive - through restaurants. GD. Helicopter landing facilities subject to the provisions of section 15 -2 -13 of this title. Page 6 084. 0-.E. Hospitals. F. Motion picture /television production facilities (outdoor facilities only). F—.G. On site sale and consumption of alcohol at bars. €.H. Outdoor dining, exempting caf6s, outdoor dining at restaurants -and drive - through restaurants where outdoor dining comprises twenty percent (20 %) or less of the total dining area of the restaurant or drive - through restaurant, but not exceeding two hundred (200) square feet of floor area. KI. Parking facilities, including park and ride lots. W. Recreational facilities (public and commercial). �-K. Service stations, if a five hundred foot (500') minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard. JAL. Video arcades with four (4) or more video or arcade machines. �-M. Other similar uses approved by the develepmeRt 6e Director of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 13: ESMC § 15 -5F -2 is amended to read as follows: "PERMITTED USES: The following uses are permitted in the MU -S z -PeZone: A. Business service establishments such as electronic computer facilities and addressing services. B. Engineering, industrial design, consultation and other offices. C. Financial institutions. D. General offices of commercial, financial or industrial establishments. E. Hotels and motels. F. Massage establishments that meet the requirements of title 4, chapter 10 of this code, in addition to all other requirements imposed by law. Page 7 083 G. Medical - dental offices or facilities. H. Motion picture /television production facilities (excluding outdoor facilities). I. Restaurants and cafes. J. Retail (excluding off site alcohol sales) and wholesale and service K. Scientific research and experimental development laboratories. Af L. Other similar uses approved by the diFeGtOF Of GWnFnunity, eG9A9FAiG and develepment Director of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 14: ESMC § 15 -5F -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. Assembly halls. A:B. Catering services and flight kitchens. 8-.C. Drive - through restaurants. G.D. Freight forwarding. D-. E. Helicopter landing facilities subject to the provisions of section 15 -2 -13 of this title. €:F. Hospitals. F—. G. Motion picture /television production facilities (outdoor facilities only). G-. H. On site sale and consumption of alcohol at bars. KI. Outdoor dining, exempting cafes, outdoor dining at restaurants and drive - through restaurants where outdoor dining comprises twenty percent (20 %) or less of the Page 8 RM total dining area of the restaurant or drive - through restaurant, but not exceeding two hundred (200) square feet of floor area. f-,J. Parking facilities, including park and ride lots. J K. Recreational facilities (public and commercial). Service - stations, if -a five hundred foot - (500') minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard. L—.M. Video arcades with four (4) or more video or arcade machines. W.N. Other similar uses approved by the diFeGteF Of GOFAFAWRit" Director of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 15: ESMC § 15 -7B -2 is amended to read as follows: "PERMITTED USES: The following uses are permitted in the GAC zeeeZone: A. Cafes. B. General and medical - dental offices. C. Restaurants, sit down type, excluding facilities with drive - through facilities. D. Retail sales. € E. Other similar uses approved by the diFeGt9F of Gemmunit" , Director of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 16: ESMC § 15 -7B -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. Assembly halls. Page 9 085 A:B. Outdoor dining, exempting outdoor dining at restaurants and drive -thru restaurants where outdoor dining comprises twenty percent (20 %) or less of the total dining area of the restaurant or drive -thru restaurant, but not exceeding two hundred (200) square feet of floor area. 8-.C. Service station, if a five hundred foot (500') minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard. - - - - - - G-.D. Other similar uses approved by the Director of Community, F=GenemiG and _Planning and Building Safety, as provided by Chapter 22 of this title." SECTION 17: ESMC § 15 -7C -2 is amended to read as follows: "PERMITTED USES: The following uses would be permitted in the proposed MMO District: A. Commissary. B. Craft shops and rentals. C. Movie and entertainment facilities. D. Multimedia archive facilities. E. Multimedia related office and post production facilities. F. Picture equipment sales. G. Special effects studios. H. Studio /sound stage(s) and other support facilities. �I. Other similar uses approved by the Director of Gemmunity, Develepment Planning and Building Safety, as provided by Chapter 22 of this Title." SECTION 18: ESMC § 15 -7C -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 Page 10 0 8 C4 this Title. ' hM6 title. A Assembly halls. B Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 22 of this title." SECTION 19: ESMC § 15 -10 -4 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 Assembly halls. Ate: Charitable institutions. HTWOMMM C. Private recreation. D. Publicly owned facilities such as warehouses and storage yards. E. Other similar uses approved by the Director of Community, EGenemiG and Develepment Planning and Building Safety, as provided by Chapter 22 of this Title." SECTION 20: A new Chapter 13A, consisting of §§ 15 -13A -1 to 15 -13A -4 and entitled "Assembly Halls," is added to Title 15 of the El Segundo Municipal Code ( "ESMC ") to read as follows: "Chapter 13A ASSEMBLY HALLS 15- 13A -1: Definitions. 15- 13A -2: Compliance with Permit Requirements 15- 13A -3: Parking Requirements 15- 13A -4: Compatibility with Surrounding Uses 15- 13A -1: Definitions. Page 11 ( «M ) ': Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter: A. "Assembly Hall" means a building, or portion of a building, used for large scale public or private gatherings of people. For example, and without limitation, assembly halls include private educational facilities; religious institutions; clubs; lodges; theaters; and similar kinds of facilities whether available for public or private- use. 15- 13A -2: Compliance with Permit Requirements. Any ancillary uses affiliated with an assembly hall must be specifically identified and permitted by a validly issued conditional use permit pursuant to this chapter or be separately permitted in accordance with the requirements for that zone. For example, and without limitation, a day care center or private school associated with an assembly hall must be identified as an authorized use in the conditional use permit. 15- 13A -3: Parking Requirements. A. Off - street parking must be provided in accordance with the requirements set forth in this Title including, without limitation, landscaping requirements. B. Where an assembly hall is established in a residential zone, the required front yard may not be used for parking vehicles. 15- 13A -4: Compatibility with Surrounding Uses. A. All buildings, structures, and landscaping must be developed and maintained in a manner compatible with development on surrounding properties. B. For assembly halls located within or adjacent to a residential zone, the Planning Commission may condition hours of operation to ensure compatibility with adjacent residential uses." SECTION 21: All references in the ESMC purporting to regulate churches, temples, or other religious institutions, are amended to refer to "assembly halls." SECTION 22: Downtown Specific Plan Section VI.A.2 is amended to read as follows: "Permitted Uses - a. First floor street -front level, with a minimum building depth of 25 feet: + i� Retail sales and services i+ ii Restaurants +++ ii il Recreational uses iv.iv. I Governmental offices Page 12 R v:vJ Banks, not to exceed 500 square feet vi: vi General offices v -.viij Medical- dental offices v4i viii Outdoor retail uses such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review *-.ix) Other similar pedestrian oriented retail - service uses and offices approved by the Director of Planning and Building Safety, as provided -by Section V., Administration. - - - - - Above and behind street -front level, and adjacent to alleys: i) All uses listed above in a. 4 i Schools vUiii Banks v4 iv Other similar uses approved by Economic and Development Services, Administration. C. Above street -front level: the Director of Community as provided by Section V., All uses listed above in a. and b. ii Business tenant/owner- occupied residential units iii) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration" SECTION 23: Downtown Specific Plan Section VI.A.5 is amended to read as follows: "Uses Subject to a Conditional Use Permit — Munieipal Gede}(EI Segundo Municipal Code Chapter 15 -231 a First floor street -front level with a minimum building depth of 25 feet: a i� Bars b ii I Outdoor entertainment and dancing viii Outdoor amplified sound, which exceeds more than four single events in one calendar year Div I Video arcades with four or more machines e Other similar uses approved by the Director of Community, Economic and Development Services, as provided by Section V., Administration b Above and behind street -front level and adjacent to alleys: i) All uses listed above in a. ii) Assembly halls." SECTION 24: Downtown Specific Plan Section VI.A.6 is amended to read as follows: Page 13 081 "Prohibited Uses - All other uses which are not Permitted Uses, Permitted Accessory Uses, Uses Subject to an Administrative Use Permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants b. es gib. Service stations - -_ dam. - -_ Tattoo_ parlors" SECTION 25: Downtown Specific Plan Section VI.B.2 is amended to read as follows: "Permitted Uses - a. First floor street -front level above and behind street front level and adiacent to alleys: a-. 1 Retail sales and services b ii Restaurants &.iii Recreational uses d iv Government offices e vJ General offices fvi Medical- dental offices g.y -Clubs a dhals hwiij Schools i ix) Tho•+teFs j.x}viii Banks mix Outdoor retail uses such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review. I-xZ Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration. b. Above street -front level: All uses listed above in a. Business tenant/owner- occupied residential units iii) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration_" SECTION 26: Downtown Specific Plan Section VI.B.5 is amended to read as follows: al "Uses Subject to a Conditional Use Permit — de)(EI Segundo Municipal Code Chapter 15 -23) a. First floor street -front level with a minimum building depth of 25 feet: e:1 Bars b. i I Outdoor entertainment and dancing viii I Outdoor amplified sound, which exceeds more than four single events in one calendar year d iv Video arcades with four or more machines Page 14 090 e:vJ Other similar uses approved by the Director of Gemmunity, Planning and Buildina Safety, as provided by Section V., Administration b Above and behind street -front level, and adiacent to alleys: i) All uses listed above in a. ii) Assembly halls." SECTION 27: Downtown Specific Plan Section VI.B.6 is amended to read as follows: "Prohibited Uses - All other uses which are not Permitted Uses, Permitted Accessory Uses, Uses Subject to an Administrative Use Permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants ra,:b. Service stations" SECTION 28: Downtown Specific Plan Section VI.C.2 is amended to read as follows: "Permitted Uses - a. First floor street -front level above and behind street front level and adjacent to alleys: a-. Ii Retail sales and services b- II Restaurants viii I Recreational uses d-. iv I Governmental offices e- I General offices Zvi Medical- dental offices g. Clubs and halirs #--vii Schools i The teFS r. }viii Banks k. Bed and Weakfa6t HoWnin- m7ixj Outdoor retail uses such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review x� Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration." b. Above street -front level: i) All uses listed above in a. ii) Business tenant/owner- occupied residential units iii) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration." Page 15 091 SECTION 29: Downtown Specific Plan Section VI.C.5 is amended to read as follows: "Uses subject to a Conditional Use Permit - MURisipalGede}(EI Segundo Municipal Code Chapter 15 -23) a First floor street -front level with a minimum building depth of 25 feet: a:1 Bars -- ill - -- Outdoor entertainment and - dancing -- - - &.7iiij Outdoor amplified sound, which exceeds more than four single events in one calendar year d iv Video arcades with four or more machines e v� Other similar uses approved by the Director of Community, Economic and Development Services, as provided by Section V., Administration. b Above and behind street -front level, and adjacent to alleys: i) All uses listed above in a. ii) Assembly halls" SECTION 30: Downtown Specific Plan Section VI.C.6 is amended to read as follows: "Prohibited Uses - AII other uses which are not Permitted Uses, Permitted Accessory Uses, Uses Subject to an Administrative Uses Permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants r,. b. Service stations" SECTION 31: Downtown Specific Plan Section VI.D.2 is amended to read as follows: "Permitted Uses - a. First floor street -front level above and behind street front level and adjacent to alleys: a J Retail sales and services iii I Restaurants G iii Recreational uses d ivj Governmental offices e.:vJ General offices f.yij Medical- dental offices 9. Glubs and ha4is hwiij Schools i. TheateF viii Banks 4-r. ixJ Bed and Breakfast hotels Page 16 092 T O Artists and design studios n}xi Outdoor retail uses such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review P-.xiij Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration" b. Above street -front level: - - -- - - - -- -- - -- - �) - - - -- -All uses listed above _in_a.- -- - - - - - -- -- - - - ii) Business tenant/owner- occupied residential units iii) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration" SECTION 32: Downtown Specific Plan Section VI.D.5 is amended to read as follows: "Uses Subject to a Conditional Use Permit — Munisipal- Gede}(El Segundo Municipal Code Chapter 15 -23) a First floor street -front level with a minimum building depth of 25 feet: a-. Ii Bars I}ii Outdoor entertainment and dancing c, iCil Outdoor amplified sound, which exceeds more than four single events in one calendar year d iv Video arcades with four or more machines ew Other similar uses approved by the Director of , F=GeneFn'G and Development Planning and Building Safety, as provided by Section V., Administration. b Above and behind street -front level, and adiacent to alleys: i) All uses listed above in a. ii) Assembly halls." SECTION 33: Downtown Specific Plan Section VI.D.6 is amended to read as follows: "Prohibited Uses - All other uses which are not Permitted Uses, Permitted Accessory Uses, Uses Subject to an Administrative Uses Permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants G.-b. Service stations." SECTION 34: Downtown Specific Plan Section VI.E.2 is amended to read as follows: "Permitted Uses - a. First floor street -front level and adjacent to pedestrian access ways, including internal access ways, with a minimum building depth of 25 Page 17 091 feet: i&i Retail sales and services +iii Restaurants +i+ iii Recreational uses m.Jyj Government offices �v1 Banks, not to exceed 500 square feet _ __ u+v1_GeneraLoffices _ - - Yi-.viij Medical- dental offices vf+i viii Bed and breakfast hotel *-.LixJ outdoor retail uses such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review. max, Other similar pedestrian oriented retail - service uses and offices, approved by the Director of Planning and Building Safety, as provided by Section V., Administration. b. Above and behind street -front level, and adjacent to alleys: i) All uses listed above in a. 4ir UH Schools and daycare iv) TheateFS viii Banks vj4ivI Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration. C. Above street -front level: i) All uses listed above in a. ii) Business tenant/owner- occupied residential units iii) Other similar uses approved by the Director of Planning and Buildina Safety, as provided by Section V., Administration." SECTION 35: Downtown Specific Plan Section VLE.5 is amended to read as follows: "Uses Subject to a Conditional Use Permit — de}(EI Segundo Municipal Code Chapter 15 -23) a First floor street -front level with a minimum buildina depth of 25 feet: a.1 Bars b:ii Outdoor entertainment and dancing s: iii Outdoor amplified sound, which exceeds more than four single events in one calendar year d-iv I Video arcades with four or more machines e.yJ Other similar uses approved by the Director of , Planning and Building Safety, as provided by Section V., Administration. Page 18 094 b Above and behind street -front level and adjacent to alleys: i) All uses listed above in a. ii) Assembly halls" SECTION 36: Downtown Specific Plan Section VI.E.6 is amended to read as follows: "Prohibited uses___ __ —— All other uses which are not Permitted Uses, Permitted Accessory Uses, Uses Subject to an Administrative Use Permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants t3•--- GhWebes gib. Service stations" SECTION 37: Downtown Specific Plan Section VI.F.2 is amended to read as follows: "Permitted Uses - First floor street -front level, with a minimum building depth of 25 feet: i) Retail sales and services ii) Restaurants iii) Recreational uses iv) Government offices v) Banks vi) General offices vii) Medical- dental offices viii) Glubs and halls N)o Theatere. x}viH Schools iix Outdoor retail uses such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review. *� Ux Other similar pedestrian oriented retail - service uses and offices approved by the Director of Planning and Building Safety, as provided by Section V., Administration." SECTION 38: Downtown Specific Plan Section VI.F.5 is amended to read as follows: "Uses Subject to a Conditional Use Permit – JEI Segundo Municipal Code Chapter 15 -23) a First floor street -front level with a minimum building depth of 25 feet: aQ Bars 13 11 Video arcades with four or more machines G-. iii Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration. Page 19 0 9 `') b Above and behind street -front level and adiacent to alleys: i) All uses listed above in a. ii) Assemblv halls." SECTION 39: Downtown Specific Plan Section VI.F.6 is amended to read as follows: "Prohibited Uses - All other uses which are_ not_P-ermitted Uses�Pe-rmittecLAccessoryAJses, - -- - - - Uses Subject to an Administrative Use Permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants r,. b. Service stations d c. Tattoo parlors e.d. Outdoor entertainment and dancing �e. Outdoor amplified_ sound,_ _which exceeds _more_ than _four Sln_gl� _ _ events in one calendar year." SECTION 40: Downtown Specific Plan Section VI.G.5 is amended to read as follows: "Uses Subject to a Conditional Use Permit — (El Segundo Municipal Code Chapter 15 -23) -f a First floor street level with a minimum building depth of 25 feet: a:J Bars b.ii Bed and Breakfast Inns e: iii I Video arcades with four or more machines 6—.iv 6-.iyl Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration. b Above and behind street -front level and adiacent to alleys: i) All uses listed above in a. ii) Assembly halls." SECTION 41: Downtown Specific Plan Section VI.G.6 is amended to read as follows: "Prohibited Uses - All other uses which are not Permitted Uses, Permitted Accessory Uses, Uses Subject to an Administrative Use permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants h D efAbly hall user, G.-b. Service stations Vic. Tattoo parlors mod. Outdoor entertainment and dancing Page 20 096 Vic. Tattoo parlors h-:—d. Outdoor entertainment and dancing +:e. Outdoor amplified sound, which exceeds more than four single events in one calendar year." SECTION 42: CONSTRUCTION. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent _ that the provisions -of this Ordinan-ce_ he_ jMerpretell __or__implemented_by-the -City—and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 43: ENFORCEABILITY. Repeal of any provision of the El 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 44: 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 45: 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 46: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. Page 21 !t SECTION 47: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this day of , 2010. -- . - - -_- ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members -of the City Council of_said City is five,.that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of , 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 , 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 By: Karl H. Berger, Assistant City Attorney P: \Planning & Building Safety \Planning - Old \PROJECTS (Planning) \876 - 900 \EA - 884 \EA -884 Assembly Halls Ordinance 082610.doc Page 22 O 98 FINDING OF CONSISTENCY WITH GENERAL PLAN EIR CITY OF EL SEGUNDO AMENDMENT TO EL SEGUNDO MUNICIPAL CODE TO AMEND TITLE 15 OF THE EL SEGUNDO MUNICIPAL CODE AND ESTABLISH A CHAPTER REGULATING ASSEMBLY HALL USES — August - 201-0 — — - - -- -- -- The City of El Segundo initiated an application that proposing to amend Title 15 of the El Segundo Municipal Code and establish a chapter regulating assembly hall uses. 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, etseq.), and the City of El Segundo CEQA Guidelines. This document serves as the project environmental documentation pursuant to CEQA. Background In 1992, El 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 El Segundo and within its sphere of influence. The circumstances, impacts, and mitigation requirements identified in the General Plan EIR 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 amendment to the El Segundo Municipal Code establishing Title 15 Chapter 13A (Assembly Halls) will establish a new definition and developments standards for assembly hall uses. Relationship of the Zoning Text Amendment to the General Plan The proposed amendment to the El Segundo Municipal Code ( "ESMC ") implements the goals, policies and programs outlined in the 1992 General Plan, including the Land Use and Noise elements. It is consistent with Goal LU1, Objective LU1 -5, of the Land Use element, in that it creates policies design standards; helps create a sense of place for the entire City; develops standards that will ensure the compatibility of assembly hall uses with surrounding uses; and encourages the construction of high - quality, well designed developments through the adoption of property development standards. In addition, it is consistent with Goal N1, Objective N1 -2 of the Noise Element, in that it helps ensure that City residents are not exposed to excessive noise from stationary sources. Adoption of the proposed amendment 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. Finding of Consistency 9 �') Environmental Analysis The proposed zone text amendment 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 existing zoning regulations and related procedures. It does not have the _ effect -of - deleting orsubstantially- changing -any- regulatory- standards -or- findings- required - -- thereof. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment. In addition, any environmental impacts associated with this ordinance are adequately addressed in the General Plan FEIR. Accordingly, this Ordinance is consistent with the General Plan FEIR and is exempt from further environmental review requirements under the California Environmental Quality Act. Furthermore, this Ordinance constitutes a component of the El Segundo Municipal Code which the Planning Commission determined to be consistent with the FEIR for the City of El Segundo General Plan on December 1, 1992. Accordingly, no further environmental review is required pursuant to 1.4 Cal Code Regs. § 15168(c)(2). Findings Based on the above analysis, the City of El Segundo makes the following findings: 1. In 1992, the City of El Segundo adopted a comprehensive General Plan update and certified a Final EIR. 2. The proposed amendment consists of text changes. The ESMC Title 15 Chapter 13A (Assembly Halls) will be established to regulate assembly hall uses. The new Chapter 13A will set a new definition and new development standards for assembly halls. In addition, the permitted uses and conditionally permitted uses in various zones and the Downtown Specific Plan will be amended to accommodate assembly hall uses. 3. Adoption of proposed amendment will not result in any new or increased environmental effects, and no new mitigation measures are required. 4. Pursuant to Section 15168(c)(2) of the CEQA Guidelines, no new environmental documentation is required for adoption of the amendments to the ESMC. Finding of Consistency 1 1 I.n EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2010 AGENDA STATEMENT AGENDA HEADING: Special Orders of Business AGENDA DESCRIPTION: Consideration and possible action to open a public hearing and receive testimony regarding: 1) approval of an Environmental Assessment for a proposed Statutory Exemption; and 2) adoption of Public Facilities Impact Fees for Police, Fire, Library, and Parks Facilities. Applicant: City Initiated (Fiscal Impact: Increased Fee Revenue from Police, Fire and Library Public Facilities Impact Fees and Establishment of New Parks Impact Fees) RECOMMENDED COUNCIL ACTION: 1. Open the public hearing; 2. Discussion; 3. Adopt a Resolution establishing Public Facilities Impact Fees; and/or 4. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Resolution 2. Exhibit A - Public Facilities Impact Fee Study 3. Neighboring Jurisdiction Mitigation Fees Comparison Table 4. Development Scenario Comparison Tables 5. Parks Fee Comparison FISCAL IMPACT: Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): 702 - 300 - 8107 -3972; 702 - 300 - 8122 -3972; 702- 300 -8132- 3972; and new 702 -300 Revenue Account for Parks Impact Fee JC- ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager �-' REVIEWED BY: Greg Carpenter, Director < Planning and Building Safety's APPROVED BY: Jack Wayt, City Managel a,l BACKGROUND AND DISCUSSION: I. Introduction As part of the City's Strategic Planning work program for 2009 -2010, the City Council directed Planning staff to oversee the preparation of the Public Facilities Impact Fee Study and to assist the City's Police, Fire, Library and Parks Departments in making recommendations to Council regarding new and updated public facilities impact fees. The City retained the services of Wilidan Financial Services to prepare the Public Facilities Impact Fee Study. The purpose of this comprehensive fee study is to determine the actual cost of public facilities needed to serve new development and the maximum justified fee levels that can w 101 be imposed on new development to maintain the City's existing public facilities standard of service. City Staff is recommending that the City adopt public facilities impact fees that are lower than the maximum justified fees identified in the Willdan study. II. Background The goal of development impact fees is for applicants proposing new development to pay their fair share of the costs of providing public services and facilities. In December 2005, the City of El Segundo adopted ESMC Chapter 15 -27A, "Development Impact Fees" when it updated its traffic congestion mitigation fees. ESMC Chapter 15 -27A establishes the City's procedures for imposing development impact fees on applicants seeking to construct development projects in compliance with State law. The traffic congestion mitigation fee rates were based on the recommendations in a traffic impact fee study prepared by MuniFinancial (now Willdan Financial Services). Currently, the City charges police, fire and library impact fees for development projects that require discretionary planning entitlements. This policy does not impose fees on all new development in the City, since many new construction projects are approved administratively and do not require discretionary approval of the Planning Commission or City Council. As a result, many new construction projects occurring in the City do not contribute any money toward expanded public facilities to service new development. The current impact fees were established in the mid- 1980's and have not been adjusted for inflation. The amount collected from the City's current policy is inadequate to pay for public facilities costs associated with new development. The current police, fire, and library fees are $0.11, $0.14, and $0.03 per square foot respectively. A parks facility fee has never been established or charged for new development in El Segundo. El Segundo is the only city in the survey of local jurisdictions conducted by City Staff to not currently assess a parks development impact fee (Exhibit 5). The attached Public Facilities Impact Fee Study prepared by Willdan Financial Services (See Exhibit 2) includes the following information: 1) The study explains the background for public facilities financing in California in general and El Segundo in particular; 2) The study identifies the demographic and construction activity assumptions used as a basis in developing the proposed fees; 3) The study then develops a fee in each public facility category that would fund the fair share cost to new development for police, fire, library and parks facilities, land and equipment; 4) The study outlines how the City should implement the new fees, adjust the fees for inflation, and identifies State of California reporting requirements; and 5) The study concludes with making five statutorily required findings of the Mitigation Fee Act that are required adopt the maximum justified public facilities fees contained in the study. The proposed mitigation fees identified in the study would be used by each Department to fund expanded facilities to serve new development in the City. Each fee is restricted to funding only new facilities and equipment within the category the fee was collected for. All impact fees collected must be deposited into a dedicated account and cannot be commingled with the City's 2 102 other funds. Each affected City Department provided a list of future facilities that could be purchased or built with the revenue collected from the fee. The lists of potential future facilities are included in the Willdan study. These facilities are representative of the types of facilities and equipment that are anticipated to serve additional residents and employees. However, the specific facilities can be changed during the planning period to accommodate the demands of new development. Additionally, impact fees are only collected on net new development. For example, if a single - family home is demolished and a new single - family home is constructed on that same lot, no impact fee is charged because there is a net gain of 0 residential units and no increase in development impacts. Alternatively, if a lot is vacant and it has never been developed, the impact fees would be charged when a new single - family home is constructed on the vacant lot. III. Analysis The Wildan Public Facilities Study is based on a 20 -year planning horizon. The City's residential and worker populations, as well as future facilities needs are estimated for the year 2030. The study uses City permit history, Federal Census data, California Department of Finance estimates and Southern California Association of Governments estimates to develop growth projections for the year 2030. The projected residential growth is for 720 new residents which will be housed in 60 new single - family homes and 290 new multi - family housing units. A total of 5,840,000 square feet of new commercial, office, and industrial development is projected to be added by 2030. To determine the fair share of future planned public facilities for new residents and business the study uses the System Plan method to calculate police, fire and library fees. This method is useful to analyze police, fire and library services as each is part of a system that benefits both existing and new development. The method calculated the impact fee based on: the value of existing facilities plus the cost of planned facilities, divided by demand from existing plus new development. The System Plan method ensures that new development does not pay for existing service deficiencies. The System Plan calculations are located on the following pages of the Willdan study: Police (pages 17 to 20), Library (pages 21 to 24) and Fire (pages 25 to 28). The study uses the Existing Inventory method for parks. This method assumes that there are no existing service deficiencies for parks. New development will fund the expansion of facilities at the same standard that currently serves existing development. The existing inventory method is calculated based on dividing the current value of existing facilities by the demand from current development to come up with a dollar cost per unit of demand (per resident or worker). For the Existing Inventory method fee calculation for Parks see pages 29 through page 36 in the Willdan Study. Table E.2 on page six of the Willdan study is a fee schedule summarizing the development impact fees calculated using the above two methods. City Staff compared the Willdan fee schedule against the development impact fees that neighboring jurisdictions currently impose on new development projects. The jurisdictions included in the comparison are: Manhattan Beach, Hermosa Beach, Redondo Beach, Torrance, Hawthorne, City of Los Angeles, Long Beach and Culver City. The data gathered from this comparison survey is summarized in the attached 3 103 neighboring jurisdiction mitigation fee comparison table (Exhibit 3). At the completion of the data gathering process it was clear to Staff that if the City were to impose the development impact fee schedule in the Willdan study these fees would be highest among the comparison cities. The Willdan report states that the City may legally adopt any fee up to the amounts shown on Table E.2 in the report. Willdan makes a further recommendation that if the City chooses to adopt lower fees, then the City should consider reducing the fee for each land use by the same percentage. In reviewing the fee methodology, a fairly high percentage of the justification is based on the value of land used by existing facilities. If the land is removed from the methodology, the potential fee levels are significantly lower. This reduction will keep the City's development impact fees at a level more consistent with the fees charged by neighboring jurisdictions. Staff's recommendation for the fee reduction is based upon the assumption that the City is relatively built -out and improvements to City services for future development will likely occur through the purchase of new equipment and the addition and enhancement of facilities on land the City already owns and not through the purchase of additional land. The recommended fees further reduce the recommended impact fees for new single - family and two - family residences by an additional 50%, to keep those fees in line with the average fees charged to single - family development in the comparison jurisdictions. The table below summarizes the level of fees recommended by City Staff for Police, Library, Fire, and Parks impact fees. The recommended fees are substantially lower than the maximum justified fees identified in the Willdan study. This approach is consistent with existing Planning and Building Safety fee policy that assesses a lower fee for single - family home construction. Recommended Development Impact Fee Table LAND USE POLICE LIBRARY FIRE PARKS TOTAL Residential (Per Unit) SFR, Two-Family Multi-Family $986 $1,314 $1,233 $1,640 $431 $572 $1,662 $2,209 $4,312 $5,735 Caretaker $852 $1,064 $371 $1,433 $3,720 Non - Residential (Per Square Foot) Commercial $0.45 NA $0.43 $0.41 $1.29 Office $0.52 NA $0.51 $0.48 $1.51 Industrial $0.25 NA $0.24 $0.23 $0.72 In order to provide a clear comparison of the above recommended development impact fees with the impact fees charged by neighboring jurisdictions, City Staff developed fee comparison tables for four development scenarios (Exhibit 4). The development scenarios are: 1) a new single family residence; 2) a new 6 -unit, multi - family structure; 3) a new 10,000 square -foot commercial building west of Sepulveda; and 4) a new 50,000 square -foot office building east of Sepulveda. The development scenario comparison tables include the following information: 1) El Segundo's current impact fees; 2) the "full cost" recovery fee recommended in the Willdan study; 3) the "facilities only" impact fee recommended by City Staff; and 4) fees charged by 4 10 neighboring jurisdictions. Some jurisdictions charge impact fees for facilities that other jurisdictions do not charge. Therefore, the list of impact fees included in the comparison table is more comprehensive than the impact fees that the City is currently considering. The goal of the fee comparison table is to show the overall cost of impact fees on new development and therefore compare the total package of each jurisdiction's fees. This is why the "storm drain" and "traffic mitigation" fees are included in the comparisons. Below each development scenario comparison table (Exhibit 4) is a list ranking the total fees charged by each jurisdiction. The fee ranking list includes the current El Segundo fees, the recommended "facilities only" fees, the "full cost" recovery fees from the Willdan Public Facilities Impact Fee Study, and the total fees charged by neighboring jurisdictions. The list includes an average of all of the neighboring jurisdiction's fees. Staff also developed an "adjusted average" to take into account that some neighboring jurisdictions have not yet adopted impact fees or do not charge impact fees for certain categories of development. The "adjusted average" is calculated by taking all the jurisdictions that do charge fees for the category of development being evaluated then removing the jurisdictions with the highest and lowest fees from the average calculation. It is clear from the ranking lists that the recommended "Facilities Only" fees will result in a mitigation fee schedule with lower fees than most neighboring jurisdictions that have adopted mitigation fees. Staff has also developed a Parks Fee comparison (Exhibit 5). Staff complied the parks information into one exhibit because parks fees is a public facility impact fee that all neighboring jurisdictions currently charge. The City of El Segundo does not currently have a parks impact fee. The staff recommended "Facilities Only" fee reduces the fee by approximately 80% to 90% in comparison to the maximum justified fee in the Willdan study. The calculation of parks fee involves a very large land component therefore the staff recommended method for reducing the impact fee has a greater effect on the parks impact fee than to the recommended fire, police and library impact fees. If the City were to adopt the "full cost" recovery fee identified in the Willdan study the parks impact fee for single family residences would be more than double that of the highest fee in any neighboring jurisdiction. The Willdan study contains tables that estimate the total revenue for each fee anticipated over the 20 -year planning horizon of the study. In the table below, the Willdan fees are identified as the "Full Cost" fees. Staff compiled the total anticipated revenue for the recommended fees and identified this as the "Facilities Only" column in the table below. Staff also calculated an estimate for the maximum revenue that could be collected under the City's current policy of charging fire, police and library impact fees for projects that require planning entitlements. The current policy is identified as "existing" in the table below. Please note that the "existing" fees are the maximum revenue that could be obtained if every development project required a planning entitlement. In practice, the revenue collected under current policy will be much lower that the estimated $1.8 million. This is because a significant percentage of future development would not require discretionary planning entitlements and therefore would not be subject to the City's current impact fee policy. 5 20 -Year Projected Revenue for Police, Fire, Library, and Parks Impact Fees Existing - Estimate of the maximum amount that could be collected if all new non - residential an mu i- ami y projects involved discretionary planning entitlements and were subject to fees. This estimate will be more than the actual amount collected. The calculation uses new construction assumptions in Willdan Fee Study Table 2.2: of 820,000 square feet of commercial development, 1,800,000 square feet of office development, and 3,220,000 square feet of industrial development. Full Cost - Based on total fees identified in the Willdan Financial Study. Recommended (Facilities Only) — Removes the cost of land from all proposed fees. Fee reduced an additional 50% for new single - family and two - family dwellings. IV. Inter departmental Review/Planning and Building Advisory Group Comments Interdepartmental Review On August 25, 2010 Planning Staff met with Department Directors from Police, Parks, Fire and Library. The department heads confirmed that they have completed their review of the Willdan Study and the analysis and recommendations produced by the Planning Division. The Directors agreed with the Planning Division's recommended method to adopt development impact fees lower than those identified in the Willdan study and the fees as proposed. Planning and Building Advisory Group On September 14, 2010 Planning Staff presented the Public Facilities Impact Fee Study to the Planning and Building Advisory Group. This group consists of representatives from major business interests, architects and developers who work within the City. Staff presented the methodology of the fee study and the methods used to develop the City staff recommendation. Discussion followed the Staff presentation. V. Environmental Review In accordance with the Public Resources Code and the California Environmental Quality Act (CEQA) Guidelines, the proposed resolution is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Statutory Exemption 15273 (Rates, Tolls, Fares and Charges). CEQA does not apply to the establishment of the public facilities mitigation fees as the fees are for the purpose of: a) purchasing or leasing supplies, equipment, or materials; and b) obtaining funds for capital projects, necessary to maintain service within existing service areas. I 1 0 C Existing Full Cost Recommended (Facilities Only) $898,800 $2,969,000 $2,496,200 Police Fire $706,200 $2,664,500 $2,180,600 Library $192,600 $625,700 $553,200 Parks $0 $14,151,000 $2,641,300 Total $1,797,600 $20,410,200 $7,871,300 d lt' f '1 Existing - Estimate of the maximum amount that could be collected if all new non - residential an mu i- ami y projects involved discretionary planning entitlements and were subject to fees. This estimate will be more than the actual amount collected. The calculation uses new construction assumptions in Willdan Fee Study Table 2.2: of 820,000 square feet of commercial development, 1,800,000 square feet of office development, and 3,220,000 square feet of industrial development. Full Cost - Based on total fees identified in the Willdan Financial Study. Recommended (Facilities Only) — Removes the cost of land from all proposed fees. Fee reduced an additional 50% for new single - family and two - family dwellings. IV. Inter departmental Review/Planning and Building Advisory Group Comments Interdepartmental Review On August 25, 2010 Planning Staff met with Department Directors from Police, Parks, Fire and Library. The department heads confirmed that they have completed their review of the Willdan Study and the analysis and recommendations produced by the Planning Division. The Directors agreed with the Planning Division's recommended method to adopt development impact fees lower than those identified in the Willdan study and the fees as proposed. Planning and Building Advisory Group On September 14, 2010 Planning Staff presented the Public Facilities Impact Fee Study to the Planning and Building Advisory Group. This group consists of representatives from major business interests, architects and developers who work within the City. Staff presented the methodology of the fee study and the methods used to develop the City staff recommendation. Discussion followed the Staff presentation. V. Environmental Review In accordance with the Public Resources Code and the California Environmental Quality Act (CEQA) Guidelines, the proposed resolution is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Statutory Exemption 15273 (Rates, Tolls, Fares and Charges). CEQA does not apply to the establishment of the public facilities mitigation fees as the fees are for the purpose of: a) purchasing or leasing supplies, equipment, or materials; and b) obtaining funds for capital projects, necessary to maintain service within existing service areas. I 1 0 C VI. Recommendation Planning staff recommends that the City Council adopt the Resolution authorizing Public Facility Mitigation Fees as proposed. The Resolution establishes fees below the maximum justified fee as identified in the attached Public Facilities Impact Fee Study. The recommended fee schedule is included in the attached Resolution. If adopted, the proposed impact fees would become effective on November 22, 2010. PAPlanning & Building Safety \0 Planning - Old\PROJECTS (Planning) \701- 725\EA- 723 \City Council Report and Reso\EA -723 Impact Fee Study CC Report.09.21.2010.doc 7 i +J RESOLUTION NO. A RESOLUTION ADOPTING DEVELOPMENT IMPACT FEES FOR POLICE, FIRE, LIBRARY, AND PARKS FACILITIES IN ACCORDANCE WITH TITLE 15 CHAPTER 27A OF THE EL SEGUNDO MUNICIPAL CODE. The City Council of the City of El Segundo does resolve as follows: SECTION 1: The City Council finds and declares that: A. New land development generates impacts on public services and public facilities for which revenues generated through property taxes and other means are generally insufficient to accommodate; B. Objective LU7 -1 in the Land Use Element of the General Plan for the City of El Segundo states that it is the City's objective to provide the highest and most efficient level of public services and public infrastructure financially possible; C. Policy LU7 -1.2 in the Land Use Element of the General Plan for the City of El Segundo states no new development is allowed unless adequate public facilities are in place or otherwise provided; D. It is the City's intent and desire to have developers pay for their fair share of public costs associated with new development while at the same time facilitating growth that is in the public interest; E. The imposition of impact fees is one of the preferred methods of ensuring that development bears a proportionate share of the cost of capital facilities necessary to accommodate such development. This must be done in order to promote and protect the public health, safety and welfare; F. The City Council may establish development impact fees for police, fire, library and parks under the provisions of the State of California Mitigation Fee Act (Government Code §§ 66000- 66025); G. This Resolution is adopted pursuant to Title 15 Chapter 27A of the El Segundo Municipal Code (ESMC) for the purposes of calculating development impact fees; H. The fees established by this Resolution are derived from, are based upon, and do not exceed the costs of providing capital facilities necessitated by the new land developments for which the fees are levied; -1- 108 The report entitled "Public Facilities Impact Fee Study" dated August 30, 2010, prepared by Willdan Financial Services, set forth a reasonable methodology and analysis for the determination of the impact of new development on the need for and costs for additional capital facilities improvements in the City. The Fee Study is attached as Exhibit "A," and incorporated by reference; J. City Staff has evaluated the "Public Facilities Impact Fee Study," prepared by Willdan Financial Services and has recommended a reduced fee schedule identified in Section 3 of this Resolution; K. Pursuant to Government Code § 66016, the City made data available regarding the cost, or estimated cost, of providing services for the proposed public facility impact fees ten (10) days before the public hearing held on September 21, 2010; L. On September 21, 2010 the City Council heard public testimony and considered evidence in a public hearing held and noticed in accordance with Government Code §§ 66016 and 66018; M. After careful consideration, including a review of the documentary and testimonial evidence submitted during the public hearing, the City Council finds that the imposition of impact fees to finance major public facilities is in the best interests of the general welfare of the City and its residents and workers, is equitable, and does not impose an unfair burden on new development; N. At the recommendation of the City's Departments and the City Manager, the City Council believes that it is in the public interest to establish the recommended fees to recover the costs of police, fire, library, and parks facilities; and O. This Resolution relies on the documentary and testimonial evidence submitted to the City during the public hearing held on September 21, 2010 in addition to such additional information that may be in the administrative record. SECTION 2: Calculation of Development Impact Fees. A. The "Public Facilities Impact Fee Study" ( "Fee Study "), prepared by Willldan Financial Services calculates fire, library, police and library fees that would fund the fair share cost to new development for additional capital facilities and equipment improvements; -2- i0-0 B. The study is based on a 20 -year planning horizon. The City's residential and worker populations as well as future facilities needs are estimated for the year 2030; C. The study determines a fair share of future planned public facilities using the System Plan method to calculate police, fire and library fees. This method is used for police, fire and library as each is part of a system that benefits both existing and new development. Using the System Plan method ensures that new development does not pay for existing service deficiencies; D. The study uses the Existing Inventory method to calculate the parks fee. This method assumes no existing service deficiencies and sets a fee that will fund the expansion of park facilities at the same standard that currently serves existing development; E. The level of development fees in the Fee Study is based on a reasonable methodology to determine the impacts and costs of new development. However, based on an evaluation of the development impact fees charged in neighboring jurisdictions, City staff recommends a reduced level of fees be adopted; F. The City may adopt development impact fees up to the amounts legally justified in the Fee Study. Staff recommends that the City reduce the fees proposed in the Fee Study by removing the cost of land from the System Plan and Existing Inventory method calculations. This will establish the City's development impact fees at a level more consistent with the fees charged by neighboring jurisdictions; and G. Staff recommends that the impact fees for new single - family and two - family residences be reduced by an additional 50% to keep the development impact fee in line with the average fees charged to single - family development in neighboring jurisdictions. -3- 1 �. SECTION 3: Schedule of Development Impact Fees. Based upon the methodology identified in Section 2, the development impact fees are established as follows: D 1 --it Im act Fee Table eve o m LAND USE POLICE LIBRARY FIRE PARKS TOTAL Residential SFR, Two-Family $986 $1,233 $431 $1,662 $4,312 Multi-Family $1,314 $1,640 $572 $2,209 $5,735 Caretaker $852 $1,064 $371 $1,433 $3,720 Non - Residential Commercial $0.45 N/A $0.43 $0.41 $1.29 Office $0.52 N/A $0.51 $0.48 $1.51 Industrial $0.25 N/A $0.24 1 $0.23 $0.72 SECTION 4: Fee Adjustment. Unless otherwise revised, the fees established by this Resolution will be automatically adjusted on an annual basis concurrently with the adoption of the capital improvement plan (CIP) each fiscal year in September. The method for annual inflation adjustment is established as set forth in Exhibit A, "Public Facilities Impact Fee Study." The first fee adjustment cannot be made before a minimum of ten (10) months after the effective date of this Resolution. SECTION 5: Exempt under the California Environmental Quality Act. In accordance with the Public Resources Code (Cal. Pub. Res. Code §§ 21000, et seq.; "CEQA ") and the California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs. Title 14, Code §§ 15000, et seq.), the proposed resolution is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Statutory Exemption 15273 (Rates, Tolls, Fares and Charges). CEQA does not apply to the establishment of the public facilities mitigation fees as the fees are for the purpose of a) purchasing or leasing supplies, equipment, or materials; and b) obtaining funds for capital projects, necessary to maintain service within existing service areas. This Resolution, therefore, is categorically exempt from further CEQA review under Cal. Code Regs. Title 14, § 15273. SECTION 6: Effective Date of this Resolution. This resolution will become effective immediately upon adoption. The development impact fees that are established pursuant to Section 3 of this Resolution and imposed upon development projects are effective on the 60th day from the date this resolution is adopted. -4- SECTION 7: City Clerk. The City Clerk will certify the passage and adoption of this Resolution; will enter the same in the book of original Resolutions of said City; and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED AND ADOPTED this 21st day of September 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 El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 21st day of September 2010, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortensen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney By: Karl H. Berger, Assistant City Attorney PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \701 - 725 \EA - 723 \City Council Report and Reso \EA - 723. reso. CC.09.21.10. d oc -5- 112 CITY OF EL SEGUNDO PUBLIC FACILITIES IMPACT FEE STUDY AUGUST 30, 2010 WILLDAN Financial Services EXHIBIT A 113 Table of Contents EXECUTIVESUMMARY ............................................ ............................... Background and Study Objectives 4 4 Demographic Assumptions 6 Facility Standards and Costs of Growth Fee Schedule Summary 6 1. INTRODUCTION ................................................... ............................... 7 Background and Study Objectives 7 7 Public Facilities Financing in California S Public Facilities Financing in El Segundo Public Facility Standards 8 11 Organization of the report 2. DEMOGRAPHIC ASSUMPTIONS ........................... ............................... 12 Use of Growth Forecasts for Impact Fees 12 Service Population 12 Land Use Types 12 Occupant Densities 13 Demographic Assumptions for City of El Segundo 14 3. POLICE FACILITIES ............................................ ............................... 16 Service Population 16 Facility Standards and Planned Facilities 16 Facility Needs and Costs 17 Fee Schedule 19 4. LIBRARY FACILITIES .......................................... ............................... 2 Service Population 20 Facility Inventories and Standards 20 Facility Needs and Costs 21 Fee Schedule 23 5. FIRE PROTECTION FACILITIES ............................ ............................... 2 Service Population 25 Facility Inventories, Plans and Standards 26 Facility Needs and Costs 26 Fee Schedule 28 6. PARK AND RECREATION FACILITIES .................... ............................... 2 Service Population 29 Facility Standards 30 Fee Schedule 35 7. IMPLEMENTATION ............................................. ............................... Impact Fee Program Adoption Process 37 114 Inflation Adjustment 37 Reporting Requirements 38 Programming Revenues and Projects with the CIP 38 8. MITIGATION FEE ACT FINDINGS ......................... ............................... 40 Purpose of Fee Use of Fee Revenues Benefit Relationship Burden Relationship Proportionality 40 40 40 41 41 APPENDIX A: VEHICLE AND EQUIPMENT INVENTORIES ...........................A -1 APPENDIX B: WORKER DEMAND SURVEY FOR PARKS ........................... B -1 Park Survey B -1 115 Executive Summary This report summarizes an analysis of the need for public facilities and capital improvements to support future development within the City of El Segundo through 2030. It is the City's intent that the costs representing future development's share of these facilities and improvements be imposed on that development in the form of a development impact fee, also known as a public facilities fee. The public facilities and improvements included in this analysis of the City's public facilities fee program are divided into the fee categories listed below. • Police • Library • Fire Protection • Parks Background and Study Objectives The primary policy objective of a public facilities fee program is to ensure that new development pays the capital costs associated with growth. The primary purpose of this report is to complete a comprehensive fee study and determine the maximum justified public facilities fee levels to impose on new development to maintain the City's facilities standard. The City should review and update this report and the calculated fees once every five years to incorporate the best available information. The City imposes public facilities fees under authority granted by the Mitigation Fee- Act, contained in California Government Code Sections 66000 et seq. This report provides the necessary findings required by the Act for adoption of the public facilities fees presented in the fee schedules contained herein. Demographic Assumptions To estimate facility needs, this study uses residential and household population data provided by the City of El Segundo, the California Department of Finance (DOF), the U.S. Census, and the Southern California Council of Governments' (SCAG) 2008 Regional Transportation Plan (RTP). Current year population estimates came from the DOF data. Population and residential dwelling unit projections are based on growth rates derived from the City's building permit history. Employment projections for 2030 came from the RTP data. Employment square footage was derived using the RTP data and employment density factors from the Natelson Company Employment Density Study Summary Report. The development projections used in this analysis are summarized in Table E.1. WILLDAN A ;� Finencfal Services City of El Segundo Public Facilities Impact Fee Study Table EA: Demographic Assumptions 2009 2030 Increase Residents' 16,970 17,690 720 Dwelling Units' Single Family, Two - Family 3,590 3,650 60 Multi - Family 3,770 4,060 290 Caretaker 10 30 20 Total 7,370 7,710 340 Employment2,3,4 Commercial Office Industrial Total Building Square Feet (000s)5 Commercial Office Industrial Total 8,130 9,770 1,640 21,150 25,410 4,260 17.920 21.530 3.610 47,200 56,700 9,500 4,020 4,840 820 8,920 10,720 1,800 16,000 19.220 3.220 28,940 34,780 5,840 Note: All values rounded to nearest ten; totals may not be exact. ' California Department of Finance (DOF). 2 Excludes local government employment. 3 Assumes percentage of employees by land use remains constant to total from 2009 to 2030. 2030 estimates based on existing ratio of sector by sector employment and rounded to hundreds to account for error. ° Estimates by land use type for 2009 based on employment data provided from EDD by North American Industry Classification System (NAICS) category. 5 Based on employment by land use and occupant density shown in Table 2.1. Sources: California Department of Finance (DOF), Table E -5, 2009; Southern California Association of Governments (SCAG) 2008 Regional Transportaion Plan Growth Forecast; California Employment Development Department (EDD); Employment Density Study Summary Report, prepared by the Wnta snn Cmmnanv. October 2001; Willdan Financial Services. Permit records in the City of El Segundo show the development of 12 caretaker units during the past 10 years. The SCAG RTP data did not include a projection for caretaker units, so development projections in this land use category are based on the historical permit data from the City. Caretaker units are assumed to continue to develop at the rate of 12 units every 10 years, or approximately 1.2 units per year. Employment projections for 2030 are based on the assumption that the proportion of employees located in each land use category listed remains consistent with the base year. 4 City of El Segundo Public Facilities Impact Fee Study Facility Standards and Costs of Growth This fee analysis uses two different facilities standards to determine the costs to accommodate growth. For the parks and recreation facility category, the City's existing facilities standard is used to determine the costs to accommodate growth. Under this approach, new development funds the expansion of facilities at the same standard currently serving existing development. By definition the existing inventory method results in no facility deficiencies attributable to existing development. This method is often used when a long -range plan for new facilities is not available. For the police, library and fire facility categories, the system plan facility standard is used. This method is useful when planned facilities need to be analyzed as part of a system that benefits both existing and new development. It is difficult, for example, to allocate a new fire station solely to new development when that station will operate as part of an integrated system of fire stations that together achieve the desired level of service. The system plan method ensures that new development does not pay for existing deficiencies. This method enables the calculation of the existing deficiency required to bring existing development up to the policy -based standard. The City must secure non -fee funding for that portion of planned facilities required to correct the deficiency to ensure that new development receives the level of service funded by the impact fee. Fee Schedule Summary Table E.2 summarizes the schedule of maximum justified public facilities fees based on the analysis contained in this report. The City may adopt any fee up to those shown in the table. If the City adopts a lower fee then it should consider reducing the fee for each land use by the same percentage. This approach would ensure that each new development project would fund the same proportionate share of public facilities costs. Table E.2: Development Impact Fee Summary Land Use Police Library Fire Parks Total Residential Single Family, Two - Family Multi- Family Caretaker (Fee per Dwelling Unit) $ 2,294 $ 2,464 $1,037 $ 1,527 1,640 691 990 1,064 448 17,141 11,406 7,399 $ 22,936 15,264 9,901 Nonresidential Commercial Office Industrial (Fee per 1,000 Building Square Feet) $ 517 N/A $ 521 $ 607 N/A 612 287 N/A 289 2,119 2,485 1,174 $ 3,157 3,704 1,750 Note: Fees per dwelling unit, per 1,000 square feet for nonresidential. Sources: Tables 3.6, 4.6, 5.6 and 6.8; Willdan Financial Services. WILLDAN Financial servc" t 1. Introduction This report presents an analysis of the need for public facilities to accommodate new development in the City of El Segundo. This chapter explains the study approach and summarizes results under the following sections: • Background and study objectives; • Public facilities financing in California; • Public facilities planning and financing in El Segundo; • Public facility standards; and, • Organization of the report. Background and Study objectives The primary policy objective of a public facilities fee program is to ensure that new development pays the capital costs associated with growth. The primary purpose of this report is to complete a comprehensive fee study and determine the maximum justified public facilities fee levels to impose on new development to maintain the City's facility standards. The City should review and update this report, as well as the calculated fees, once every five years to incorporate the best available information. The City imposes public facilities fees under authority granted by the Mitigation Fee Act, contained in California Government Code Sections 66000 et seq. This report provides the necessary findings required by the Act for adoption of the public facilities fees presented in the fee schedules contained herein. Public Facilities Financing in California The changing fiscal landscape in California during the past 30 years has steadily undercut the financial capacity of local governments to fund infrastructure. Three dominant trends stand out: • The passage of a string of tax limitation measures, starting with Proposition 13 in 1978 and continuing through the passage of Proposition 218 in 1996; • Declining popular support for bond measures to finance infrastructure for the next generation of residents and businesses; and • Steep reductions in federal and state assistance. Faced with these trends, many cities and counties have adopted a policy of "growth pays its own way". This policy shifts the burden of funding infrastructure expansion from existing rate and taxpayers onto new development. This funding shift has been accomplished primarily through the imposition of assessments, special taxes, and development impact fees also known as public facilities fees. Assessments and special taxes require approval of property owners and are appropriate when the funded facilities are directly related to the developing property. Development fees, on the other hand, are an appropriate funding source for facilities that benefit all development jurisdiction -wide. Development fees need only a majority vote of the legislative body for adoption. DAN 13 City of El Segundo Public Facilities Impact Fee Study Public Facilities Financing in El Segundo The City of El Segundo has a number of existing infrastructure needs, as well as a potential need to expand existing infrastructure to meet the demands of community growth. Existing funding sources have not allowed for master planning at a level sufficient to develop either an exhaustive list of infrastructure projects or a phasing or scheduling plan for such projects. However, preliminary suggestions concerning facility needs are identified and described in the "Facility Needs and Costs" section of each chapter. There are known infrastructure issues that will best be addressed through master planning efforts. A suggested use of fee revenues would be to fund master planning to more specifically identify capital facilities necessary to serve new development. Fee revenues can fund that portion of master plan costs associated with facilities to serve growth. Upon completion of the master planning effort and the identification of capital facilities needed to accommodate growth, the City should update its public facilities fee program to include these new projects and any financing costs that may be required to construct facilities when needed. Through the process of preparing master plans, the City may choose to submit planned facilities for consideration of impact fee revenue apportionment. The City of El Segundo has provided a preliminary list of planned facilities, which are accordingly documented in this fee update. New development will pay a fee based on the value of existing and planned facilities through the development horizon. However, new development cannot be required to pay for future projects designed to correct deficiencies in existing facilities. The City will have to secure non -fee funding for that portion of planned facilities required to correct any deficiency in existing facilities. By their nature, public facilities fee programs are constrained by rates of growth and the timing of revenue collection. Since public facilities fees represent a pay -as- you -go system, cities may confront the problem of only being able to partially fund large projects with fee revenues at the time of project implementation. Therefore, facility needs may require alternative financing options in order to implement projects in a timelier manner. The cost of financing (e.g. interest payments) can legitimately be included in the public facilities fee. By using fee revenues to fund a master planning effort and updating the fee to reflect the identified projects and possible financing costs, the City will maximize its ability to maintain its facilities standard and fund the capital facilities necessary to serve new development. Finally, all fee - funded capital projects should be programmed through the City's Capital Improvement Plan (CIP). Using a CIP can help the City of El Segundo identify and direct its fee revenue to public facilities projects that will accommodate future growth. By programming fee revenues to specific capital projects, the City of El Segundo identifies the use for fee revenues as expressly required by the Mitigation Fee Act. Public Facility Standards The key public policy issue in public facility fee studies is the identification of facility standards for each category of facilities in a fee program. A facility standard is a public policy that states the amount of facilities required per unit of new development to accommodate the increased service LLDAN CW SWVZOS City of El Segundo Public Facilities Impact Fee Study demand. Examples of facility standards include park acres per capita and wastewater generation per equivalent dwelling unit. Standards also may be expressed in monetary terms such as the total cost of facility investments per capita. The facility standard assists in documenting statutory findings required for adoption of a public facilities fee. First, the standard documents a reasonable relationship between the type of new development and the total need for new facilities. Where applicable, the same facility standard is applied to both existing and new development to ensure that new development does not fund deficiencies associated with existing development. Second, the facility standard is often used to allocate facility costs to each development project, documenting a reasonable relationship between the amount of the fee and the cost of facilities allocated to each development project. Types of facility standards and their application in specific situations are discussed below. This section concludes with a description of how facility standards are used in the current study. Types of Facility Standards There are three separate components of facility standards: • Demand standards determine the amount of facilities required to accommodate growth, for example, park acres per thousand residents, square feet of library space per capita, or gallons of water per day. Demand standards may also reflect a level of service such as the vehicles -to- capacity (V /C) ratio used in traffic planning. • Design standards determine how a facility should be designed to meet expected demand, for example, park improvement requirements and technology infrastructure for city office space. Design standards are typically not explicitly evaluated as part of an impact fee analysis but can have a significant impact on the cost of facilities. Our approach incorporates current facility design standards into the fee program to reflect the increasing construction cost of public facilities. • Cost standards are an alternate method for determining the amount of facilities required to accommodate growth based on facility costs per unit of demand. Cost standards are useful when demand standards were not explicitly developed for the facility planning process. Cost standards also enable different types of facilities to be analyzed based on a single measure (cost or value), useful when disparate facilities are funded by a single fee program. Examples include facility costs per capita, per vehicle trip, or cost per gallon of water per day. New Development Facility Needs and Costs A number of approaches are used to identify facility needs and costs to serve new development. Often there is a two step process: (1) identify total facility needs, and (2) allocate to new development its fair share of those needs. There are three common methods for determining new development's fair share of planned facilities costs: the existing inventory method, the system plan method, and the planned facilities method. Often the method selected depends on the degree to which the community has engaged in comprehensive facility master planning to identify facility needs. The formula used by each approach and the advantages and disadvantages of each method is summarized below: WILLDAN } FinwiaW Swvtcft 121 City of EI Segundo Public Facilities Impact Fee Study Existing Inventory Method The existing inventory method allocates costs based on the ratio of existing facilities to demand from existing development as follows: Current Value of Existing Facilities _ $ I unit of demand Existing Development Demand Under this method new development funds the expansion of facilities at the same standard currently serving existing development. By definition the existing inventory method results in no facility deficiencies attributable to existing development. This method is often used when a long - range plan for new facilities is not available. Only the initial facilities to be funded with fees are identified in the fee study. Future facilities to serve growth are identified through an annual capital improvement plan and budget process, possibly after completion of a new facility master plan. This method is used only in the parks and recreation facility category of this report. Planned Facilities Method The planned facilities method allocates costs based on the ratio of planned facility costs to demand from new development as follows: Cost of Planned Facilities New Development Demand = $ I unit of demand This method is appropriate when specific planned facilities can be identified that only benefit new development. Examples include street improvements to avoid deficient levels of service or a sewer trunk line extension to a previously undeveloped area. This method is also appropriate when planned facilities would not serve existing development, or if planned facilities represent a level of service that is lower than the current level of service. Under this method new development funds the expansion of facilities at the standards identified by facility planners. This method is not used to calculate any fees in this report. System Plan Method This method calculates the fee based on: the value of existing facilities plus the cost of planned facilities, divided by demand from existing plus new development: Value of Existing Facilities + Cost of Planned Facilities _ $ /unit of demand Existing + New Development Demand This method is useful when planned facilities need to be analyzed as part of a system that benefits both existing and new development. It is difficult, for example, to allocate a new fire station solely to new development when that station will operate as part of an integrated system of fire stations that together achieve the desired level of service. Police substations, civic centers, and regional parks provide examples of similar facilities. The system plan method ensures that new development does not pay for existing deficiencies. Often facility standards based on policies such as those found in General Plans are higher than existing facility standards. This method enables the calculation of the existing deficiency required (WILLDAN Financial seas City of El Segundo Public Facilities Impact Fee Study to bring existing development up to the policy -based standard. The local agency must secure non -fee funding for that portion of planned facilities required to correct the deficiency to ensure that new development receives the level of service funded by the impact fee. This method is used to calculate the police library and fire facilities fees in this report. Organization of the report This report is organized as follows: • Chapter 1, Introduction (this chapter): summarizes facilities financing in California, the history of public facilities impact fees in the City of El Segundo, and the general approach; • Chapter 2, Demographic Assumptions: describes the growth forecasts used to estimate future demand and the unit costs used to estimate total facility costs; • Chapter 3, Police Facilities: Summarizes existing police facility inventory, discusses planned police facilities and describes the methodology that underlies the police facilities fee. • Chapter 4, Library Facilities: Summarizes existing library facility inventory, discusses planned library facilities and describes the methodology that underlies the library facilities fee. • Chapter 5, Fire Protection Facilities: Summarizes existing fire facility inventory, discusses planned fire facilities and describes the methodology that underlies the fire facilities fee. • Chapter 6, Park and Recreation Facilities: Summarizes existing parks and recreation facility inventory, discusses planned parks and recreation facilities and describes the methodology that underlies the parks and recreation facilities fee. • Chapter 7, Implementation: Provides guidelines for the implementation and ongoing maintenance of the public facilities fee program. • Chapter 8, Mitigation Fee Act Findings: summarizes the five statutory findings required for adoption of the proposed public facilities fees in accordance with the Mitigation Fee Act (codified in California Government Code Sections 66000 through 66025). VWILLDAN i Finw�cWServwAs 123 2. Demographic Assumptions Estimates of existing development and new development growth projections are used to assist in determining the appropriate fee structure. The base year used in this study is 2009, and the planning horizon is 2030. Use of Growth Forecasts for Impact Fees Estimates of the existing service population and forecasts of growth are critical assumptions used throughout this report. These estimates are used as follows: • Estimates of existing development in 2009 are used to determine the existing facility standards in the City. • Estimates of total development at the 2030 planning horizon are used: — To determine the total amount of public facilities required to accommodate growth based on the existing facility standards (see Chapter 1), and — To estimate total fee revenues. To measure existing service population and future growth, residential and worker population data are used for all facility categories with the exception of library facilities, which only use population data. These measures are used because the amount of residents and workers is a reasonable indicator of the level of demand for public facilities. The City builds public facilities primarily to serve these populations and, typically, the greater the population the larger the facility required to provide a given level of service. Service Population Different types of new development use public facilities at different rates in relation to each other, depending on the services provided. For all fee categories in this study a specific service population is identified to reflect total demand. The service population weights residential land use types against nonresidential land uses based on the relative demand for services between residents and workers. Land Use Types To ensure a reasonable relationship between each fee and the type of development paying the fee, growth projections distinguish between different land use classifications. The land use types used in this analysis are defined below per the City of El Segundo Municipal Code. • Single - Family, Two - Family: A single family dwelling unit is a detached dwelling unit with only one kitchen, designed for occupancy by one family. A two- family dwelling unit is a building designed to be occupied by two (2) families living independently, the structure having only two units. For the purpose of assessing impact fees, single - family and two - family units have been grouped into a single category because the probable occupant density of these types of units is the same, as confirmed by the City's Planning Division. • Multi - Family: A building or portion thereof designed for occupancy by three (3) or more families living independently in which they may or may not share common entrances and /or other spaces. Individual dwelling units may be owned as vWILLDAN i z _.,.A Financial Services City of El Segundo Public Facilities Impact Fee Study condominiums, or offered for rent. For the purposes of assessing impact fees, senior housing facilities are also considered multi - family units. • Caretaker: A dwelling unit in the Smoky Hollow specific plan area used for a caretaker of the property on which it is located and limited to five hundred (500) square feet in area. • Commercial: All commercial, retail, educational, and hotel /motel development. • Office: All general, professional, and medical office development. • Industrial: All manufacturing and warehouse development. Some developments may include more than one land use type, such as an industrial warehouse with living quarters (a live -work designation) or a planned unit development with both single and multi - family uses. In these cases the public facilities fee would be calculated separately for each land use type. The City should have the discretion to impose the public facilities fee based on the specific aspects of a proposed development regardless of the zoning designation where the project will be located. Should the project be located in an area that is not zoned as any of the above stated land use types, the guideline to use is the probable occupant density of the development, either residents per dwelling unit or workers per building square foot, to determine which fee will be charged. The fee imposed should be based on the land use type that most closely represents the probable occupant density of the development. Occupant Densities Occupant densities ensure a reasonable relationship between the increase in service population and amount of the fee. To do this, they must vary by the estimated service population generated by a particular development project. Developers pay the fee based on the number of additional housing units or building square footage of nonresidential development, so the fee schedule must convert service population estimates to these measures of project size. This conversion is done with average occupant density factors by land use type, shown in Table 2.1. The residential occupant density factors are derived from the 2000 U.S. Census Bureau's Tables H -31 through H -33. Table H -31 provides vacant housing units data, while Table H -32 provides information relating to occupied housing. Table H -33 documents the total 2000 population residing in occupied housing. The US Census numbers are adjusted by using the California Department of Finance (DOF) estimates for January 1, 2009, and the most recent State of California data available at the time the research for this report was completed. The occupant density factor for caretaker units was provided by the City of El Segundo. The nonresidential density factors are based on Employment Density Study Summary Report, prepared for the Southern California Association of Governments, October 2001 by The Natelson Company. The factors used here were derived from the Los Angeles County data set. The industrial density factor represents an average for light industrial, heavy industrial, and warehouse uses likely to occur in the City. Facility demand is estimated based on service population increases. Developers pay the public facilities fee based on the number of additional housing units or building square footage of 4iWILLDAN W W3 Fig �1 City of El Segundo Public Facilities Impact Fee Study nonresidential development, so the fee schedule must convert service population estimates to these measures of project size. This conversion is done with average occupant density factors by land use type, shown in Table 2.1. Table 2.1: Occupant Density Residential Single Family, Two - Family 2.78 Residents per dwelling unit Multi- Family 1.85 Residents per dwelling unit Caretaker 1.20 Residents per dwelling unit Nonresidential Commercial 2.02 Employees per 1,000 square feet Office 2.37 Employees per 1,000 square feet Industrial 1.12 Employees per 1,000 square feet Note: Nonresidential occupant density factors derived from Natelson Company data are specific to Los Angeles County. Sources: 2000 Census, Tables H31 -H33; California Department of Finance (DOF); The Natelson Company, Inc., Employment Density Study Summary Report, October 31, 2001, pp. 15 -23; City of El Segundo; Willdan Financial Services. Demographic Assumptions for City of El Segundo Table 2.2 summarizes the demographic assumptions used in this analysis. The base year for this study is the year 2009. The existing facilities in 2009 will constitute the existing facilities standard in our study. The base year residential estimate is calculated using the density factor from Table 2.1, multiplied by the dwelling units identified in the California Department of Finance (DOF) January 1, 2009 estimates. Population projections are based on historical building permit data provided by the City. Employment projections for 2030 were derived from the Southern California Association of Governments (SCAG) Regional Transportation Plan (RTP) data. Employment square footage was derived using the RTP data and the employment density factors displayed in Table 2.1. The development projections used in this analysis are summarized in Table 2.2. W'WILLDAN 14 Finw]MW sarvfcas 1216 City of El Segundo Public Facilities Impact Fee Study Table 2.2: Demographic Assumptions Employment2'3'4 Commercial Office Industrial Total Building Square Feet (000s)5 Commercial Office Industrial Total 8,130 2009 2030 Increase Residents' 16,970 17,690 720 Dwelling Units' Single Family, Two - Family 3,590 3,650 60 Multi - Family 3,770 4,060 290 Caretaker 10 30 20 Total 7,370 7,710 340 Employment2'3'4 Commercial Office Industrial Total Building Square Feet (000s)5 Commercial Office Industrial Total 8,130 9,770 1,640 21,150 25,410 4,260 17.920 21,530 3.610 47,200 56,700 9,500 4,020 4,840 820 8,920 10,720 1,800 16,000 19.220 3.220 28,940 34,780 5,840 Note: All values rounded to nearest ten; totals may not be exact. California Department of Finance (DOF). 2 Excludes local government employment. 3 Assumes percentage of employees by land use remains constant to total from 2009 to 2030. 2030 estimates based on existing ratio of sector by sector employment and rounded to hundreds to account for error. ° Estimates by land use type for 2009 based on employment data provided from EDD by North American Industry Classification System (NAICS) category. 5 Based on employment by land use and occupant density shown in Table 2.1. Sources: California Department of Finance (DOF), Table E -5, 2009; Southern California Association of Governments (SCAG) 2008 Regional Transportaion Plan Growth Forecast; California Employment Development Department (EDD); Employment Density Study Summary Report, prepared by the Natelson Company, October 2001; Willdan Financial Services. Permit records in the City of El Segundo show the development of 12 caretaker units during the past 10 years. Development projections in this land use category are based on the assumption that caretaker dwelling units will continue to develop at the rate of 12 units every 10 years, or approximately 1.2 units per year. Employment projections for 2030 are based on the assumption that the proportion of employees located in each land use category listed remains constant relative to the base year. 0 127 3. Police Facilities The purpose of the fee is to ensure that new development funds its fair share of police facilities. The City will use fee revenues to expand general facilities to accommodate new development. Police facilities include, but are not limited to: buildings, vehicles, and capital equipment items. A fee schedule is presented based on the cost of these facilities to ensure that new development provides adequate funding to meet its needs. Service Population Police facilities serve both residents and businesses. Therefore, demand for both services and associated facilities is based on the City's service population, including residents and workers. Table 3.1 shows the estimated service population in 2009 and 2030. In calculating the service population, workers are weighted less than residents to reflect a lower per capita service demand. Nonresidential buildings are typically occupied less intensively than dwelling units, so it is reasonable to assume that average per - worker demand for services is less than average per - resident demand. The 0.31 - weighting factor for workers is based on a ratio of 40 hours at work to the remaining 128 hours spent outside of work. Table 3.1: Police Facilities Service Population Existing (2009) Weighting factor' Existing Service Population New Development (2009 -2030) Weighting factor' New Development Service Population Total 2030 Service Population Residents Workers Total 16,970 1.00 16,970 720 1.00 720 17,690 47,200 0.31 14,630 31,600 9,500 0.31 2,950 3,670 17,580 35,270 Note: Totals rounded to nearest ten. ' Workers are weighted at 0.31 of residents based on the ratio of 40 working hours per week to 128 non- working hours. Sources: Table 2.2; Willdan Financial Services. Facility Standards and Planned Facilities Police facilities in El Segundo include land, buildings and equipment. Table 3.2 shows that the City currently owns 2.44 acres of land, which serves as the site of the Civic Center Police Station. This facility consists of approximately 33,000 square feet of building space. The Police WILLDAN Finer-cial seN�ces M 128 City of El Segundo Public Facilities Impact Fee Study Department owns approximately $6.8 million worth of vehicles, computers and equipment, bringing the total value of police facilities in El Segundo to approximately $18.3 million. Itemized calculations of police facility values appear in Appendix A. The inventory of police vehicles is shown in Appendix Table A.I. An inventory of computer equipment is shown in Appendix Table A.2, and an inventory of communications and miscellaneous equipment is shown in Appendix Table A.3. Table 3.2: Existing Police Facilities Inventory Unit Cost Units Value Land (acres) 2 Civic Center Police Station 2.44 $ 1,630,000 acres $ 3,977,000 Buildings (square feet) Buildings (square feet) 32,868 $ 230 $ 7,560,000 Equipment Vehicles (See Appendix A.1) $ 1,967,000 Computers (See Appendix A.2) 628,000 Communications and Miscellaneous (See Appendix A.3) 4,211.000 Subtotal - Vehicles, Computers, Communications and Misc. $ 6,806,000 Total Value - Existing Facilities Note: Total values rounded to nearest thousand. ' Unit costs based on market value. 2 Land value of $1.63 million per acre based on a recent appraisal of parcels within the City. Sources: Tables A.1, A.2 and A.3; City of El Segundo; Willdan Financial Services. $ 18,343,000 The cost of land per acre is based on the average of two appraisals of similarly located parcels within the City on February 2010. These appraisals were chosen because they are representative of the types of land that the City would purchase in the future. Table 3.3 presents the list of police facility improvements planned for the City of El Segundo, as identified by the City of El Segundo Police Department. Expected police capital infrastructure projects include: adding a new gymnasium to the existing station, the construction of a parking structure for the Police and Fire Departments, and numerous additions to the fleet. Together, planned police facility costs amount to approximately $10.2 million. A- WIL.LDAN I rival servoee 17 f, , 1 J City of El Segundo Public Facilities Impact Fee Study Table 3.3: Police Department Planned Facilities $ 18,343,000 Planned Facilities Costs Planned Facility Quantity Units Unit Cost Total Cost 35,270 Cost per Resident $ 809 Cost per Worker Gymnasium addition to existing station 3,000 Sq. Ft. $ 500 $ 1,500,000 Parking Structure for Police, Fire Department N/A N/A N/A 7,000,000 Armored Bearcat (Armored van) 1 400,000 400,000 Trailerable Patrol Boat 1 150,000 150,000 Narcotics detection dog /vehicle 1 50,000 50,000 Explosives detection dog /vehicle 1 50,000 50,000 Flat top DUI patrol Dodge Charger 2 40,000 80,000 SWAT Van 1 300,000 300,000 BMW Motorcycle 3 53,333 160,000 Command Post Vehicle 1 500,000 500,000 Total Cost of Planned Police Facilities $10,190,000 Source: City of El Segundo Police Department. Planned police facilities are likely to serve both existing residents and new development. As a result, this study uses the system plan approach to calculating new development's fair share of planned facility costs. This is done by taking the total value of existing and planned facilities in 2030 and dividing it by the total 2030 service population to obtain a facility standard per capita. This calculation appears in Table 3.4. Table 3.4: Existing and Planned Police Facilities Existing Facilities Value $ 18,343,000 Planned Facilities Costs 10,190,000 Total Facilities Value in 2030 $ 28,533,000 Service Population in 2030 35,270 Cost per Resident $ 809 Cost per Worker 251 Sources: Tables 31, 3.2 and 3.3; City of El Segundo Police Department; Willdan Financial Services. Table 3.5 shows the estimated fee revenue generated by the police facilities fee. This fee is projected to generate approximately $3 million in revenue by 2030. Projected fee revenue falls short of the total cost of planned police facilities in the City of El Segundo. The remaining $7.2 million in planned facility costs must be funded by non - impact fee sources. 8 1Ji�+ City of El Segundo Public Facilities Impact Fee Study Table 3.5: Estimated Police Facilities Fee Revenue Cost Per Capita $ 809 Growth in Service Population (2009 -2030) 3,670 Anticipated Fee Revenue $ 2,969,000 Total Cost of Planned Police Facilities $ 10,190,000 Additional Funding Required $ 7,221,000 Note: Anticipated fee revenue rounded to hundreds. Sources: Tables 3.3 and 3.4; Willdan Financial Services. ,.. ' 4 Table 3.6 shows the police facilities fee schedule, which is based on the assumption that El Segundo will be charging new development no more than its fair share of planned facility costs. The cost per capita is converted to a fee per unit of new development based on dwelling unit and building space densities (persons per dwelling unit (DU) for residential development and workers per 1,000 square feet of building space for nonresidential development). The total fee includes an administrative charge to fund costs that include impact fee related administrative costs, such as: revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses. Table 3.6: Police Facilities Fee A B Cost Per Land Use Capita Density C =AxB Base Feel D Admin Charge' .2 E =C +D Total Fee F =E /1,000 Fee per Sq. Ft. Residential Single Family, Two - Family $ 809 2.78 $ 2,249 $ 45 $ 2,294 Multi- Family 809 1.85 1,497 30 1,527 Caretaker 809 1.20 971 19 990 Nonresidential Commercial $ 251 2.02 $ 507 $ 10 $ 517 $ 0.52 Office 251 2.37 595 12 607 0.61 Industrial 251 1.12 281 6 287 0.29 Note: Fees rounded to nearest whole dollar. ' Fee per dwelling unit, or per 1,000 square feet of nonresidential space. z Administration fee equal to 2.0 percent of base fee to fund impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses. Sources: Tables 2.1 and 3.4; W illdan Financial Services. ° WILLDAN Financial Services 1 9 1i 3 L ' 4. Library Facilities This chapter provides the documentation to enable the City impose a public facilities fee to fund library facilities. The City would use fee revenues to help fund expanded library facilities to serve new development. � O IM i Residents are the primary users of libraries in the City of El Segundo. Therefore, demand for libraries and associated facilities are based on the City's residential population, rather than a combined resident - worker service population. Estimates of the existing service population and projected growth are shown in Table 4.1. Table 4.1: Library Facilities Service Population Residents Existing (2009) 16,970 New Development (2009 -2030) 720 Total (2030) Note: Values rounded to nearest ten. Sources: Table 2.2; Willdan Financial Services. 17,690 The City Library is located at Library Park. This land is listed in the parkland inventory in Chapter 6, so the value of that land is not included in this chapter, to avoid double counting. The City of El Segundo currently owns nearly $7 million worth of building and annex facilities. Library collections are also an important component of a library system's facilities and are a significant investment. Collections include books, online databases, audio - visual materials, periodical subscriptions, and other documents. The City owns approximately $6.9 million dollars worth of collections, as shown in Table 4.2. Itemized costs for existing library collections and equipment are shown in Appendix Tables AA and A.5, respectively. W �, WILLDAN .. :' Financial Services "0 City of El Segundo Public Facilities Impact Fee Study Table 4.2: Existing Library Facilities Inventory Unit Cost Units Total Value Existing Facilities Land' Building + Annex (sq. ft.) Collections Furniture \Shelving \Equipment Total Facilities 3.40 $ - 30,329 230 (See Appendix A.4) (See Appendix A.5) acres $ - sq. ft. 6,976,000 6,892,000 277,000 $ 14,145,000 Note: Total values rounded to nearest thousand. The library is located at Library Park, which is included in the parkland inventory in Chapter 6. The value of that land is not included in this inventory to avoid double counting. Sources: Tables A.4 and A.5; City of El Segundo; Willdan Financial Services. Facility Needs and Costs The City of El Segundo plans to expand its library facilities by adding $1.2 million worth of equipment and building expansions through 2030. The planned facilities are shown in Table 4.3. WILLDAN Fioanc;al serwees i3 City of El Segundo Public Facilities Impact Fee Study Table 4.3: Planned Library Facilities Planned Facility Units Unit Cost Total Cost Expansion to the children's library (approximately 2,000 sq. ft.) 2,000 $ 300 $ 600,000 Additional internet computers 20 2,000 40,000 Tables for internet computers 2 3,500 7,000 Wiring for additional internet computers and expanded Wi -Fi 1 18,000 18,000 Wi -Fi expansion 1 10,000 10,000 Switch for new internet computers 1 8,000 8,000 Additional Envisionware internet licenses 1 20,000 20,000 Chairs for internet computers 20 400 8,000 Online download computers 4 2,000 8,000 Download computer station table 1 2,500 2,500 Chairs for download computer station table 4 400 1,600 E -book readers for checkout 50 250 12,500 E -books for checkout 600 75 45,000 Study rooms (approximately 700 sq. ft.) 700 300 210,000 Tables for study rooms 5 2,000 10,000 Chairs for study rooms 20 750 15,000 Game room stations, inc. game console, TV, security 3 3,000 9,000 Chairs for game room 6 400 2,400 Video game software for game room 25 50 1,250 Additional Children's Library internet computers 5 2,000 10,000 Children's Library early literacy computers 4 2,000 8,000 Stools for Children's Library computers 9 250 2,250 Self- service checkout machine 1 54,000 54,000 Wiring and maintenance for self- service checkout machine 1 5,000 5,000 Radio Frequency Identification (RFID) security system 1 13,000 13,000 RFID library material tags for checkout 1 105,000 105,000 RFID library material tag protectors 1 7,000 7,000 Total $1,232,500 Source: City of El Segundo Public Library. These improvements are likely to benefit both members of the existing service population and new development, since both groups will be using the existing and new facilities. Accordingly, this study uses the system plan approach to calculate new development's fair share of new library facilities. This is done by dividing the total value of existing and planned facilities in 2030 by the total 2030 service population to calculate a standard per resident. This calculation appears in Table 4.4. WILLDAN FinarwAM sery ces i3- City of El Segundo Public Facilities Impact Fee Study Table 4.4: Existing and Planned Library Facilities Existing Facility Value Planned Facility Costs Total Facility Value in 2030 Service Population in 2030 Cost per Capita $ 14,145,000 1,232,500 $ 15,377,500 17,690 $ 869 Sources: Table 6.1; City of El Segundo Public Library; Willdan Financial Services. Table 4.5 shows the total revenue that the library facilities fee is expected to generate through the 2030 planning horizon. Multiplying the per capita facility standard by the growth in service population produces an estimated $626,000 in revenue. It is important to note that this revenue estimate falls short of the City's $1.2 million in planned facilities. As a result, approximately $607,000 worth of library facilities will have to be funded by non - impact fee sources, or new development will have paid too high a fee. Table 4.5: Estimated Library Facilities Fee Revenue Cost Per Capita $ 869 Growth in Service Population (2009 -2030) 720 Anticipated Fee Revenue $ 625,700 Total Cost of Planned Library Facilities $1,232,500 Additional Funding Required $ 606,800 Note: Total anticipated fee revenue rounded to nearest hundred Sources: Tables 4.1, 4.3 and 4.4; Willdan Financial Services. Table 4.6 presents the library facilities fee schedule based on the planned facilities method. The cost per capita is converted to a fee per unit of new development based on dwelling unit densities. The total fee includes an administrative charge to fund costs that include: revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses. 'WnaILLDAN City of El Segundo Public Facilities Impact Fee Study Table 4.6: Library Facilities Fee A B C =AxB D E =C +D Cost Per Admin Land Use Capita Density Base Fee Charge 1 Total Fee Residential Single Family, Two - Family $ 869 2.78 $ 2,416 $ 48 $ 2,464 Multi - Family 869 1.85 1,608 32 1,640 Caretaker 869 1.20 1,043 21 1,064 Note: Fees rounded to nearest whole dollar. Administration fee equal to 2.0 percent of base fee to fund impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses. Sources: Tables 2.1 and 4.4; Willdan Financial Services. _' WILLDAN Financial Servwes 2 4 3 .J �1 5. Fire Protection Facilities The purpose of this development impact fee is to ensure that new development funds its fair share of fire protection facilities. A fee schedule is presented based on the facilities needed to ensure that new development fund its fair share of the City's facility needs. Service Population Fire protection facilities serve both residents and businesses. Therefore, demand for services and associated facilities are based on the City's service population including residents and workers. Table 5.1 shows the estimated service population for 2009 and 2030. In calculating the service population, residents are given a weight of 1.0 and workers are weighted at 0.69 to reflect lower per capita service usage. Nonresidential buildings are typically occupied less intensively than dwelling units, so it is reasonable to assume that average per- worker usage of services is less than average per- resident usage. Table 5.1: Fire Facilities Service Population Residents Workers Total Existing (2009) Weighting factor' Existing Service Population New Development (2009 -2030) Weighting factor' New Development Service Population Total 2030 Service Population 16,970 47,200 1.00 0.69 16,970 32,570 49,540 720 9,500 1.00 0.69 720 6,560 7,280 17,690 39,130 56,820 Workers are weighted at 0.69 of residents based on an survey of worker demand on fire services conducted in the City of Phoenix. Totals rounded to nearest ten. Sources: Specific Infrastructure Financing Plan: Equivalent Land Use Derivation and Projection, City of Phoenix Planning Department, November 6, 1996; Table 2.2; Willdan Financial Services. The 0.69 per- worker weighting used here is derived from a study carried out in the City of Phoenix. This study is one of the best sources of this data currently available. Data from that study was used to calculate a per capita factor that is independent of land use patterns. Relative demand for fire service between residents and workers does not vary substantially on a per capita basis across communities, ensuring that this data can be used for all of the communities which must document a public facilities fee for fire stations. WILLDAN ,4 FirwvaW serwces z s City of El Segundo Public Facilities Impact Fee Study Table 5.2 shows existing fire facilities in the City of El Segundo. The City owns 2.19 acres of land and two fire stations totaling almost 32,000 square feet. In addition to land and buildings, the City of El Segundo owns approximately $6.9 million worth of vehicles and equipment. Appendix Tables A.6, A.7 and A.8 summarize the inventories of fire suppression, administration, paramedics and prevention equipment and vehicles, respectively. Table 5.2: Existing Fire Facilities Standard Fire Department Vehicles Inventory Unit Cost Value Land (acres)' (See Appendix Table A.7) Fire Department Communications Equipment $ 423,100 Fire Station #1 1.32 $ 1,630,000 $ 2,151,600 Fire Station #2 Complex 0.87 1,630,000 1,418,100 Subtotal 2.19 $ 3,569,700 Buildings (sq. ft.) Fire Station #1 17,800 $ 230 $ 4,094,000 Hose Tower 105 230 24,200 Fire Station #2 Complex 13,959 230 3,210,600 Subtotal 31,864 $ 7,328,800 Fire Department Vehicles $ 5,177,800 (See Appendix Table A.6) Fire Department Computer Equipment $ 237,900 (See Appendix Table A.7) Fire Department Communications Equipment $ 423,100 (See Appendix Table A.7) Fire Department Misc. Equipment $ 1,017,400 (See Appendix Table A.8) Total Existing Facilities $17,754,700 Note: Total values rounded to nearest hundred. Land value of $1.63 million per acre based on an recent appraisal of parcels within the City Sources: Tables A.6, A.7 and A.8; City of El Segundo. Facility Needs and Casts The City of El Segundo plans to add approximately $3 million worth of fire facilities to its inventory by 2030. These facility expansions are summarized in Table 5.3, and include additions to Fire Station #1, along with new equipment and furnishings. ''WlLLDAN t �6t86Ci81 r swv�eR 13's City of El Segundo Public Facilities Impact Fee Study Table 5.3: Fire Department Planned Facilities Planned Facility Quantity Units Unit Cost Total Cost Addition to Fire Station #1 for offices and storage 3,100 Sq. Ft. $ 500 $ 1,550,000 Addition to Fire Station #1 apparatus bay 2,800 Sq. Ft. 500 1,400,000 Sedans with radios and emergency warning devices 2 35,000 70,000 Computers 3 2,000 6,000 Office furniture sets 3 4,000 12,000 Total Cost of Planned Fire Facilities $ 3,038,000 Source: City of El Segundo Fire Department. These improvements are likely to benefit both members of the existing service population and new development, since both groups will be placing calls to the expanded station. Accordingly, this study uses the system plan approach to calculate new development's fair share of new fire facilities. This is done by dividing the total value of existing and planned facilities in 2030 by the total 2030 service population to calculate a standard per resident and per worker. This calculation appears in Table 5.4. Table 5.4: Existing and Planned Fire Facilities Existing Facility Value $ 17,754,700 Planned Facility Costs 3,038,000 Total Facility Value in 2030 $ 20,792,700 Service Population in 2030 56,820 Cost per Resident $ 366 Cost per Worker 253 Sources: Tables 5.1, 5.2 and 5.3; City of El Segundo Fire Department; Willdan Financial Services. Table 5.5 shows the total revenue that the fire facilities fee is expected to generate through the 2030 planning horizon. Multiplying the per capita facility standard by the growth in service population produces an estimated $2.7 million in revenue. It is important to note that this revenue estimate falls short of the City's $3 million in planned facilities. As a result, approximately $374,000 worth of fire protection facilities will have to be funded by non - impact fee sources, or new development will have paid too high a fee. -WILLDAN Financial Services 1 Z 7 3:a City of El Segundo Public Facilities Impact Fee Study Table 5.5: Estimated Fire Facilities Fee Revenue Cost Per Capita $ 366 Growth in Service Population (2009 -2030) 7,280 Anticipated Fee Revenue $ 2,664,500 Total Cost of Planned Fire Facilities $ 3,038,000 Additional Funding Required $ 373,500 Note: Total anticipated fee revenue rounded to nearest hundred Sources: Tables 5.1, 5.3 and 5.4; Willdan Financial Services. Fee Schedule Table 5.6 shows the fire facilities fee schedule based on the existing standard. The cost per capita is converted to a fee per unit of new development based on dwelling unit and building space densities (persons per dwelling unit (DU) for residential development and workers per 1,000 square feet of building space for nonresidential development). The total fee includes an administrative charge to fund impact fee program administrative costs including: revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses. Table 5.6: Fire Facilities Fee A B Cost Per Land Use Capita Densitv C =AxB Base Fee' D Admin Charge' 2 E =C +D Total Fee F =E /1,000 Fee per Sq. Ft. Residential Single Family, Two - Family $ 366 2.78 $ 1,017 $ 20 $ 1,037 Multi - Family 366 1.85 677 14 691 Caretaker 366 1.20 439 9 448 Nonresidential Commercial $ 253 2.02 $ 511 $ 10 $ 521 $ 0.52 Office 253 2.37 600 12 612 0.61 Industrial 253 1.12 283 6 289 0.29 Note: Fees rounded to nearest whole dollar. ' Fee per dwelling unit, or per 1,000 square feet of nonresidential space. 2 Administration fee equal to 2.0 percent of base fee to fund impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses. Sources: Tables 2.1 and 5.5; Willdan Financial Services. WILLDAN Financial Services �� h j r1 e'er 1 6. Park and Recreation Facilities The purpose of the fee is to ensure that new development funds its fair share of park facilities. The City will use fee revenues to expand park facilities to serve new development. This analysis documents fees based on the guidelines set forth in the Mitigation Fee Act. Facility standards for parks are typically expressed as a ratio of park facilities per 1,000 residents. Recognizing that park facilities within the City are used by workers as well as residents, the City of El Segundo conducted a survey to determine the level of park facility use by nonresidents, and found that workers in the City used City parks at approximately 17 percent of the rate of resident use. The survey was conducted by asking users of the Campus El Segundo Fields and Recreation Park facilities whether they worked in the City, lived in the City or both on both. The survey was repeated for weekdays and weekends; levels of park use were weighted accordingly. Accordingly demand for parks and associated facilities are based on the City's combined resident - worker service population. A detailed summary of the survey can be found in Appendix B. Table 6.1 provides estimates of the resident and worker population with a projection for the year 2030. Table 6.1: Parks Service Population WILLDAN i Firwidaf seMm 4 1 Residents Workers Total Existing (2009) 16,970 47,200 Weighting factor' 1.00 0.17 Existing Service Population 16,970 8,020 24,990 New Development (2009 - 2030) 720 9,500 Weighting factor' 1.00 0.17 New Development Service Population 720 1,620 2,340 Total 2030 Service Population 17,690 9,640 27,330 Note: Service population totals rounded to nearest ten. Workers are weighted at 0.17 of residents based on a survey of use at Recreation Park and Campus El Segundo Fields submitted by the City. Sources: City of El Segundo; Tables 2.1 and B.1; Willdan Financial Services. WILLDAN i Firwidaf seMm 4 1 City of El Segundo Public Facilities Impact Fee Study The City owns and operates various park and recreation facilities throughout the City. The City's inventory of parks facilities includes a total of 74.76 acres, and is summarized in Table 6.2. An inventory of existing recreation facilities is shown below in Table 6.3. Table 6.2: Parkland Inventory Name Acres Parkland (acres) Recreation Park 20.40 Hilltop Park 1.20 Campus El Segundo Athletic Fields 4.96 Candy Cane Park 0.10 Acacia Park 0.50 Library Park 3.40 Camp Eucalyptus 0.30 The Lakes Golf Course 28.00 Holly Kansas Park 0.40 Holly Valley Park 0.20 Dog Park 1.90 Cutlers Park 0.10 Imperial Parkway: Memory Row 7.70 Imperial Parkway: Btw Dog Park and Main 4.80 Sycamore Parkette 0.80 Total 74.76 Source: City of El Segundo. ,� WILLDAN finwwiw sus :40 42 City of El Segundo Public Facilities Impact Fee Study Table 6.3: Recreation Facilities Inventory Facility Square Feet Checkout Building 3,880 Urho Saari Swim Stadium 16,270 Camp Eucalyptus Building 1,815 The Lakes Facility 7,552 Clubhouse 11,623 Concession Stand 584 Scorer's Booth 100 Main Complex 510 Joslyn Center 7,667 Elevator Tower and Shed 510 Office and Shop 510 Campus El Segundo Athletic Fields Facility 1,442 Teen Center 5,480 Raquetball Courts 1,870 Announcer's Booth 110 Hardball Concession Stand 1,000 Softball Concession Stand 640 Total Recreation Facilities 61,563 Source: City of El Segundo. Table 6.4 shows the existing standard of parkland per person served in the City of El Segundo. Table 6A Parkland Standards ---- - - - - -- Existing (2009) ---- - - - - -- Standard per 1,000 Type of Acreage Acres service population Acres of Parkland Existing Service Population 74.76 24,990 Standard (acres per 1,000 service population) Note: Facility standard rounded to the hundredths. Sources: Tables 6.1 and 6.2; Willdan Financial Services. 2.99 �W1LLDAN Financial Services .> i City of El Segundo Public Facilities Impact Fee Study Park Facility Standards Park facility standards establish a reasonable relationship between new development and the need for expanded park facilities. Information regarding the City's existing inventory of existing parks facilities was obtained from City staff. The most common measure used to calculate new development's demand for parks is the ratio of park acres per resident. In general, facility standards may be based on the Mitigation Fee Act (using a city's existing inventory of park facilities), or an adopted policy standard contained in a master facility plan or general plan. Mitigation Fee Act The Mitigation Fee Act does not dictate use of a particular type or level of facility standard for public facilities fees. To comply with the findings required under the law, facility standards must not burden new development with any cost associated with facility deficiencies attributable to existing development.' A simple and clearly defensible approach to calculating a facility standard is to use the city's existing ratio of park acreage per 1,000 residents. Under this approach, new development is required to fund new park facilities at the same level as existing residents have provided those same types of facilities to date. Unit Costs for Land Acquisition and Improvements Unit costs represent the land costs and level of improvements that existing development has provided to date. Using unit costs to determine a facility standard ensures that the cost of facilities to serve new development is not artificially increased, and that new development is not unfairly burdened relative to existing development. The unit costs used to estimate the total investment in parkland facilities are shown in Table 6.5. All costs are expressed in 2009 dollars. Land acquisition costs and improvement costs are based on the City's experience with park development and information from a recent market analysis of land values in El Segundo. See the benefit and burden findings in Chapter 8, Mitigation Fee Act Findings. WWILLDAN Firw1oal SWVMOS I 1-t City of El Segundo Public Facilities Impact Fee Study Table 6.5: Parkland Unit Costs Cost Per Acrp Chen Park Improvements Special Use Facilities' Urho Saari Swim Stadium $ 5,369,000 Subtotal $ 5,369,000 Golf Course Building Building Sq. Ft. 5,500 Cost per Sq. Ft. $ 189 Subtotal $ 1,039,500 Camp Eucalyptus Building Sq. Ft. 1,270 Cost per Sq. Ft. $ 189 Subtotal $ 240,000 Recreation Facilities (Checkout Building, Clubhouse, Scorer's Booth, Office, Racquetball Courts, Announcer's Booth, Hardball and Softball Concession Stands, Offices and Concession Stands at Campus El Segundo Athletic Fields, Teen Center, Concession stand, Main Complex, Joslyn Center, Elevator Tower) Building Sq. Ft. 35,926 Cost per Sq. Ft. $ 189 Subtotal $ 6,790,000 Park Equipment and Vehicles (Table A.9) $ 887.600 Total Special Use Facilities $ 14,326,100 Improved Park Acres 74.76 Special Use Facilities Cost per Improved Acre Standard Park Improvements2 Park Improvements Per Acre Subtotal Land Acquisition Total 191,600 200,000 391,600 19% $ 1,630,000 81% 2,021,600 100% Note: Total facility cost estimates rounded to nearest hundred. ' Recreation facilities only include special use facilities (such as recreation centers and pools) that are not part of standard park improvements. Z Improvement costs are estimated at $200,000 per acre for site improvements (curbs, gutters, water, sewer, and electrical access), plus basic park and school field amenities such as basketball or tennis court, restroom, parking, tot lot, irrigation, turf, open green space, pedestrian paths, and picnic tables. Excludes special use facilities such as recreation centers and pools. 3 Land value of $1.63 million per acre is based on a recent appraisal of parcels within the City. Sources: Tables 6.2 and 6.3; City of El Segundo; Willdan Financial Services. WILLDAN z Financial Services ? .3 City of El Segundo Public Facilities Impact Fee Study Total Needs and Costs The total investment in park facilities needed to serve growth is calculated by multiplying the facility standards developed in Table 6.5 by growth in residents. The total value of the needs for park facilities is based on the average unit costs for land acquisition and improvements shown in Table 6.5. To accommodate the increase in service population through 2030 at the existing standard, new development would need to fund facilities estimated to cost approximately $14.1 million as shown in Table 6.6. Table 6.6: Park Facilities to Accommodate New Development i iga ion Fee Act Parkland Facility Standard (acres /1,000 service population) 2.99 Service Population Growth (2009 -2030) 2,340 Facility Needs (acres) 7.00 Average Unit Cost (per acre) $ 1,630,000 Total Cost of Facilities IF91 Improvements Facility Standard (acres /1,000 service population) 2.99 Service Population Growth (2009 -2030) 2,340 Facility Needs (acres) 7.00 Average Unit Cost (per acre) $ 391,600 Subtotal - Improvements Total Facilities Note: Total facility cost estimates rounded to thousands. Sources: Tables 6.1, 6.4, and 6.5; Willdan Financial Services. $ 11,410,000 $ 2,741,000 $ 14,151,000 The $14.1 million in facility improvements must be used to enhance, upgrade, or expand new park facilities. Intensifying development of existing parks is another reasonable method for accommodating growth that could be used in conjunction with the expansion of improved park acreage. The use of fee revenues would be identified through planned parkland acquisition and improvement projects described in the most recently adopted version of annual capital improvement budget. The City anticipates that the park fees would be the primary revenue source to fund new development's investment in park facilities. Expected parks capital infrastructure projects include the development of new and improved parkland facilities and the construction of a new aquatics center. Table 6.7 shows the share of costs that could be allocated on a per capita basis for both WILLDAN Finamw Services 3 4 City of El Segundo Public Facilities Impact Fee Study land acquisition and improvement. Table 6.7: Park Facilities Investment Per Capita Parkland Parkland Investment (per acre) $ 1,630,000 Facility Standard (acres per 1,000 service population) 2,99 Total Investment Per 1,000 capita $ 4,874,000 1,000 Investment Per Resident $ 4,874 Investment Per Worker 829 Improvements Parkland Improvements (per acre) 391,600 Facility Standard (acres per 1,000 service population) 2.99 Total Investment Per 1,000 capita $ 1,171,000 1,000 Investment Per Resident $ 1,171 Investment Per Worker 199 Note: Total investment estimates rouned to nearest thousand. Investment per capita rounded to nearest whole dollar. Sources: Tables 6.5, and 6.6; Willdan Financial Services. .. In order to calculate fees by land use type, the investment in park facilities is determined on a per resident basis for both land acquisition and improvement. These investment factors (shown in Table 6.7) are based on the unit cost estimates and facility standards. Table 6.8 shows the park facilities fee based on the existing standard. The fee includes a component for park improvements based on the City's existing standard. The investment per capita is converted to a fee per dwelling unit. The total fee includes an administrative charge of two percent (2 %) to fund costs that include revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses. ' WILL ©RN Finww iM Services 3 City of El Segundo Public Facilities Impact Fee Study Table 6.8: Park Facilities Fee Schedule A B C =AxB D E =C +D F =E /1,000 Cost Per Admin Fee per Sq. Land Use Capita Density Base Fee' Charge' Z Total Fee' Ft. Residential Commercial Single Family, Two - Family Parkland $ 829 2.02 Parkland Improvements Total $ 4,874 1,171 2.78 2.78 $ 13,550 $ 3,255 271 65 $ 13,821 3.320 $ 17,141 Multi- Family 0.41 $ 2,119 Parkland $ 4,874 1.85 $ 9,017 $ 180 $ 9,197 Improvements 1,171 1.85 39 2,166 43 $ 2,209 Total 472 9 481 $ 11,406 Caretaker $ 2,485 $ 2.49 Industrial Parkland Improvements $ 4,874 1,171 1.20 1.20 $ 5,849 $ 1,405 117 28 $ 5,966 1.433 $ 7,399 $ 0.95 Nonresidential Commercial Parkland $ 829 2.02 $ 1,675 $ 34 $ 1,709 $ 1.71 Improvements 199 2.02 402 8 410 0.41 $ 2,119 $ 2.12 Office Parkland $ 829 2.37 $ 1,965 $ 39 $ 2,004 $ 2.00 Improvements 199 2.37 472 9 481 0.48 $ 2,485 $ 2.49 Industrial Parkland $ 829 1.12 $ 928 $ 19 $ 947 $ 0.95 Improvements 199 1.12 223 4 227 0.23 $ 1,174 $ 1.17 Note: Fees rounded to nearest whole dollar. Fee per dwelling unit, or per 1,000 square feet of nonresidential space. 2 Administration fee equal to 2.0 percent of base fee to fund impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses. Sources: Tables 2.1 and 6.7; Willdan Financial Services. WILLDAN j Financial services °' (y 7. Implementation Impact Fee Program Adoption Process Impact fee program adoption procedures are found in the California Government Code section 66016. Adoption of an impact fee program requires the City Council to follow certain procedures including holding a public meeting. Data, such as an impact fee report, must be made available at least 10 days prior to the public meeting. The City's legal counsel should be consulted for any other procedural requirements as well as advice regarding adoption of an enabling ordinance and /or a resolution. After adoption there is a mandatory 60 -day waiting period before the fees go into effect. Inflation Adjustment The City has kept its impact fee program up to date by periodically adjusting the fees for inflation. Such adjustments should be completed regularly to ensure that new development will fully fund its share of needed facilities. To maintain consistency with other City documents, we recommend that the fees be adjusted for inflation annually, concurrent with the time frame when City staff presents the preliminary CIP to the City Council. There are no inflation indices that are specific to City of El Segundo. We recommend that the following indices be used for adjusting fees for inflation: • Buildings, Improvements — Engineering News Record's Building Cost Index (BCI) — Los Angeles, CA • Equipment — Consumer Price Index, All Items, 1982 -84 =100 for All Urban Consumers (CPI -U) — for the West Urban Region, Size B/C Due to the highly variable nature of land costs, there is no particular index that captures fluctuations in land values. We recommend that the City adjust land values based on a periodic appraisal of the type of land comparable to the City's existing inventory. While fee updates using inflation indices are appropriate for periodic updates to ensure that fee revenues keep up with increases in the costs of public facilities, the City will also need to conduct more extensive updates of the fee documentation and calculation (such as this study) when significant new data on growth forecasts and /or facility plans become available. Note that decreases in index value will result in decreases to fee amounts. The steps necessary to update fees for inflation are explained below: For all of the fee categories except the park facilities fees, the steps are as follows: 1. For each facility type (land, buildings, equipment), identify the percent change in facility value since the last update, based on changes in each inflation index or for each type of land. 2. Modify the value of each facility, existing and planned (if applicable) by the percent change identified in Step 1. 3. Depending on fee methodology for each particular fee category calculate the total value of existing facilities (existing inventory method), the value of existing facilities WILLDAN I k Finmdw $... 1 i4 City of El Segundo Public Facilities Impact Fee Study plus planned facilities (system plan method), or the value of planned facilities (planned facilities method) using the updated figures from Step 2. 4. Recalculate the cost per capita for each fee category by dividing the results of Step 3 by either the existing service population if the fee is calculated using the existing inventory method, by the future service population if the fee is calculated using the system plan method, or by the growth in service population if the fee is calculated using the planned facilities method. Both the existing and future service populations are identified in the first table of every chapter in this report. 5. Calculate the cost per worker (if applicable) for fee categories that are charged to nonresidential development. The cost per worker is equal to the cost per capita calculated in Step 4 multiplied by 0.31 for police, by 0.69 for fire and by 0.17 for parks. 6. Update the fee schedule by multiplying the cost per capita and the cost per worker calculated in Step 5 by the density factors listed in Table 2.1 to determine the base fee for each land use. To update the park facility fees for inflation, the steps are as follows: 1. For each facility type (land, improvements), identify the percent change in facility value since the last update, based on changes in each inflation index or for each type of land. 2. Modify the value of land acquisition and improvements shown in Table 6.6 by the percent change identified in Step 1. 3. Using Table 6.6 as a guide, recalculate the cost per resident and cost per worker using the adjusted values for land acquisition and improvements calculated in Step 2. 4. Update the fee schedule by multiplying the costs per capita calculated in Step 3 by the density factors listed in Table 2.1 to determine the base fee for each land use. The total fee for a given land use is equal to the cost per capita for land (from step three) multiplied by the occupant density, added to the cost per capita for improvements (also from step three) multiplied by the occupant density. See Table 6.8 for reference. Once all of the fees have been inflated, multiply the sum of all the fees, per land use, by two percent (2 %) to determine the administrative charge. Future updates to the fee program should review the administrative fee to ensure that it fully covers the cost of administering the fee program. Reporting Requirements The City complies with the annual and five -year reporting requirements of the Mitigation Fee Act found in Government Code Sections 66001 and 66006. For facilities to be funded by a combination of public fees and other revenues, identification of the source and amount of these non -fee revenues is essential. Identification of the timing of receipt of other revenues to fund the facilities is also important. Programming Revenues and Projects with the CIP The City maintains a ten -year Capital Improvements Program (CIP) to plan for future infrastructure needs. The CIP identifies costs and phasing for specific capital projects. The use of the CIP in this manner documents a reasonable relationship between new development and the use of those revenues. � WILLDAN Financial Services 3 & i� S City of El Segundo Public Facilities Impact Fee Study The City may decide to alter the scope of the planned projects or to substitute new projects as long as those new projects continue to represent an expansion of the City's facilities. If the total cost of facilities varies from the total cost used as a basis for the fees, the City should consider revising the fees accordingly. W'WILLDAN Finerwiai seMe" x City of 8 Segundo Public Facilities Impact Fee Study a reasonable relationship can be shown between the use of fee revenue and the new development residential and non - residential use classifications that will pay the fees. Burden Relationship • Determine the reasonable relationship between the need for the public facilities and the types of development on which the fees are imposed ( §66001(a)(4) of the Act). Facilities need is based on a facility standard that represents the demand generated by new development for those facilities. Facilities demand is determined as follows: • The service population is established based upon the number of residents and workers, which correlates to the demand for police facilities, fire protection facilities, and parks and recreation facilities; and, • The service population for library facilities is established solely on the number of residents, as worker demand on these facilities is nominal. For each facility category, demand is measured by a single facility standard that can be applied across land use types to ensure a reasonable relationship to the type of development. For most facility categories service population standards are calculated based upon the number of residents associated with residential development and the number of workers associated with non - residential development. To calculate a single, per capita standard, one worker is weighted less than one resident based on an analysis of the relative use demand between residential and non - residential development. The standards used to identify growth needs are also used to determine if planned facilities will partially serve the existing service population by correcting existing deficiencies. This approach ensures that new development will only be responsible for its fair share of planned facilities, and that the fees will not unfairly burden new development with the cost of facilities associated with serving the existing service population. Chapter 2, Demographic Assumptions provides a description of how service population and growth forecasts are calculated. Facility standards are described in the Facility Standards sections of each facility category chapter. Proportionality • Determine how there is a reasonable relationship between the fees amount and the cost of the facilities or portion of the facilities attributable to the development on which the fee is imposed ( §66001(b) of the Act). The reasonable relationship between each facilities fee for a specific new development project and the cost of the facilities attributable to that project is based on the estimated new development growth the project will accommodate. Fees for a specific project are based on the project's size. Larger new development projects can result in a higher service population resulting in higher fee revenue than smaller projects in the same land use classification. Thus, the fees ensure a reasonable relationship between a specific new development project and the cost of the facilities attributable to that project. V WILLDAN Financial Serves 41 153 City of El Segundo Public Facilities Impact Fee Study See Chapter 2, Demographic Assumptions, or the Service Population section in each facility category chapter for a description of how service populations is determined for different types of land uses. See the Fee Schedule section of each facility category chapter for a presentation of the proposed facilities fees. WILLDAN Financial serwe" 1 tJ'Y Appendix A: Vehicle and Equipmenj Inventories All vehicle and equipment inventories in this appendix document replacement cost, as provided by City of El Segundo in 2009. Table A.1: Police Vehicle Inventory Description Unit Year Acquired Replacement Cost Sedan Patrol, Crown Victoria 4 04/05 $ 132,800 Speed Monitoring & Traffic Safety Equip. 1 05/06 45,000 2001 Ford Truck (Animal Control) 1 00/01 64,000 Sport Utility, Chevrolet Suburban (donated) 1 05/06 102,000 Mutual Aid Emergency Resp Veh. 1 06/07 320,000 Sedan, Grand Marquis 1 06/07 29,000 Dodge Caravan 1 06/07 20,000 Jeep Wrangler Sport RH -Drive 1 06/07 24,000 Ford 500 SEL, Blue Metalic 1 06/07 25,000 Ford 500 SEL, Black w /Shale cloth 2 06/07 50,000 Sedan , Impala 9C3 Blue /Ntrl 1 06/07 23,000 Sedan , Impala 9C3 Black /Ebony 1 06/07 23,000 Sedan , Impala 9C3 Silverton /Ebony 1 06/07 23,000 Sport Utility, Dodge Durango 2 06/07 52,000 2009 Ford F -150 1 08/09 32,500 Sedan, Chevy Impala 2 04/05 60,000 2009 Ford Explorer 3 08/09 84,000 2009 Nissan Altima Hybrid 2 08/09 60,000 Sport Utility, Ford Explorer 1 02/03 29,000 Motorcycle, BMW R1200 5 06/07 126,000 2008 Sedan, Crown Victoria 9 08/09 270,000 Utility Parking Enforcement 1 02/03 5,000 Sedan, RSVP 2 02/03 12,000 Sedan Patrol K -9 1 00/01 6,500 Buick Regal LS 2 02/03 45,100 Sedan, Ford Escort 1 88/89 24,000 Sedan, Buick Regal 2 94/95 52,000 Crime Scene Van (Chevrolet) 1 95/96 29,000 Van -12 passenger, Ford 1 96/97 35,000 Swat Van (Grumman) 1 93/94 64,500 Police Vehicles Funding 1 05/06 100,000 Total $ 1,967,400 Note: Figures have been rounded Sources: City of El Segundo Equipment Replacement Schedule, 09/10; City of El Segundo. WILLDAN Hnanciaj services A -1 City of El Segundo Public Facilities Impact Fee Study Table A.2: Police Computer Equipment Inventory Description Units Year Year Unit Cost Total Replacement Cost Multi- Function machine, HP OfficeJet 9130 1 05/06 $ 1,200 $ Printer, HP Color LaserJet 380ON 1 06/07 1,800 1,200 Scanners, Dell FI -5220c Color Workgroup 1 07/08 1,500 1,800 Switch, Dell PowerConnect 5324 1 05/06 2,000 1,500 Printer, Epson Stylus Pro4800 1 05/06 2,000 2,000 Printer, HP420ON w /Duplexer 6 04/05 1,800 2,000 Computer, Dell Optiplex 755 Ultra Small 36 07/08 1,800 10,800 Computer, Dell Optiplex 760 8 08/09 1,800 64,800 Dell Optiplex 755 /Evidence Mgmt 1 07/08 1,800 14,400 Computer, Dell Optiplex GX620 19 "flat 7 05/06 1,800 1,800 Dell, Latitude D820 w /1.0GB 1 06/07 2,500 12,600 Dell, Latitude E5500 5 08/09 2,500 2,500 12,500 Server rack for above 1 01/02 6,000 6,000 Auto cite computer /software 3 08/09 6,667 20,000 Dell Precision M90 1 06/07 3,400 3,400 Computer, Laptop 1 07/08 4,000 4,000 Switch, Asante 99- 00748 -01 1 03/04 4,200 4,200 Mobile data -2 K -9 /Animal Control 1 00/01 14,000 14,000 Printer, Color, Xerox Phaser 6250DX 1 04/05 4,600 4,600 Tabletop Live -Scan System 1 06/07 11,000 11,000 Video System in PD vehicle 1 04/05 4,900 4,900 Server, Dell Power Edge 1850 1 05/06 6,000 6,000 Switch, PowerConnect 5324 (5ea) 1 06/07 6,500 6,500 Dell Optiplex GX270T, 20" Panel 7 04/05 4,400 30,800 Superloader Quantum 1 03/04 8,200 8,200 Dual Quad Core Xeon E5430 Server 1 08/09 10,000 10,000 Mobile Data Computer M5 (1) 1 05/06 12,000 12,000 Software, Accident Reconstruction 1 06/07 8,500 8,500 Server, Dell Power Edge 2650 2 04/05 10,000 20,000 Server Module, AVL Status Mapping 1 03/04 17,000 17,000 Mobile Data Computer (16) 1 08/09 100,000 100,000 Mobile Data Computer (15) 1 03/04 108,000 108,000 Printer, HP LaserJet 405ON 3 99/00 1,600 4,800 Image Master copying system 1 01/02 1,800 1,800 Printer, HP LaserJet 4000 TN 1 98/99 2,000 2,000 Fax machine 2 99/00 2,400 4,800 Switch, Dell 24 -Port 5 02/03 2,500 12,500 LCD 20" monitor (Doc. Imaging) 1 01/02 3,600 3,600 MDC, Sierra wireless (3) 1 01/02 4,400 4,400 Scanners, Tabletop Fujitsu (4) 1 01/02 5,000 5,000 Server, Dell Power Edge 2500 1 01/02 8,000 8,000 Server, Dell Power Edge 2650 (2) 1 02/03 10,000 10,000 Mainframe -IBM AS /400 1 93/94 44,000 44,000 Total $ 627,900 Note: Figures have been rounded. Sources: City of El Segundo Equipment Replacement Schedule, 09/10; City of El Segundo. WILLDAN Finaraiai services A =? i5 0 City of El Segundo Public Facilities Impact Fee Study Table A.3: Police Communications and Miscellaneous Equipment Inventory Description Units Year Acquired Total Replacement Unit Cost Cost Refrigerator - Whirlpool (22 cf) 1 03/04 1,100 Refrigerator - Amana 1 99/00 1,600 Range - Maytag 1 99/00 1,800 Freezer - True Food Reach In 1 08/09 3,500 Numb John Mobile Platform 1 07/08 4,000 Benelli LE M4 Shotgun (2) 1 06/07 3,500 Refrigerator - True Food Refrig. /Freezer 1 08/09 4,500 Remington 700 w /Rail & accessories 2 08/09 4,800 Toshiba 20" DVD/VHS TV (7) 1 06/07 3,000 Duplex Card Printer /ID Card Maker 1 08/09 4,900 Alcohol Analyzers w /memory & printer 1 05/06 4,000 E/Z Rider K -9 Kennel 1 07/08 5,200 Animal Catch Kit 1 08/09 1,800 Helmet Radio Kit (5) 1 03/04 9,000 Benchtop Downdraft Workstation 1 07/08 5,800 Nikon D300 2 Cameras /accessories 1 08/09 10,000 M -3 Tactical lights /pouches (75) 1 01/02 Shotguns (Border Patrol model) 1 01/02 10,000 Forensic Evidence Drying Cabinet 1 07/08 8,000 Personal Escape Masks (CBRN) (72) 1 04/05 7,000 Digital Flash CAM -880 1 07/08 12,000 Video Camera /Dispatch Ctr. 1 99/00 7,700 Wheel Loader Weigher 1 07/08 20,000 Gas Masks, Advantage (75) 1 01/02 9,600 Reflectorless Total Station Bluetooth 1 06/07 13,000 Taser Gun X26E w /Audio -Video (6) 1 06/07 10,000 Surveillance wires & system 1 01/02 12,000 Chair, Dispatch (8) Black Galaxy Style 5000 1 07/08 14,000 Bullet Trap 1 96/97 11,400 65,000 Prolaser III (traffic - 4) 1 07/08 18,000 Glock 21 guns /magazines (85) 1 01/02 47,000 Communications Generator 1 98/99 100,000 Cardiovascular Machines 1 05/06 40,000 Taser Gun X26E w /Audio -Video (20) 1 06/07 34,000 Mobile ALPR System 1 06/07 35,000 SWAT Bulletproof Vests (16) 1 06/07 40,000 Taser Gun X26E w /Audio -Video (40) 1 07/08 65,800 Video /Digital Evidence Mgmt. System 1 08/09 180,000 Typewriter 3 90/91 3,000 VCR - Encore "Go Video" 1 94/95 1,000 Multisort Satellite Station 1 99/00 1,800 Cutting Torch - Steely 1 94195 3,500 Sights /mounts -SWAT (8) 1 01/02 3,500 Security Camera -East Lot 1 98/99 4,000 Chartprinter 1 90/91 4,800 Shredder 1 92/93 5,000 Walk- Through Metal Detector 1 94/95 5,000 Elliptical, PRECOR 1 02/03 5,000 Lab Vent - Labconco 1 95/96 6,000 Scott Air Packs (2) 1 96/97 7,000 Projector, Toshiba LCD 1 96/97 8,500 Sony Color Monitors (11) 1 99/00 9,000 Taser guns (22) 1 01/02 9,500 Video Camera System 1 97/98 20,000 Mobile Radios- (1) Motorola XTL5000 1 05/06 5,000 Mobile Radios (1), Motorola XTL 5000 UHF 1 06/07 6,000 Mobile Radios (3), Motorola XTL 5000 UHF 1 06/07 14,000 Mobile Radios (3), Motorola XTS 5000 UHF 1 06/07 14,000 Motorcycle Radio (5), Motorola 1 03/04 17,500 Mobile Radios (5), Motorola XTS 5000 UHF 1 06/07 26,000 Mobile Radios (5), Motorola XTL 5000 UHF 1 06/07 28,000 Mobile Radios (9), Motorola XTL 5000 UHF 1 06/07 35,000 Mobile Radios- (9) Motorola 1 04/05 40,600 Mobile Radios (12), Motorola XTS 5000 1 05/06 44,000 Airlink GSM Modems 1 08/09 25,000 Mobile Radios (13), Motorola XTL 5000 UHF 1 06/07 50,000 Mobile Radios (15), Motorola XTS5000 UHF 1 06/07 64,000 Mobile Radios (18), Motorola XTS 5000 1 05/06 64,000 Mobile Radios (19), Motorola XTS 5000 UHF 1 06/07 80,000 Motorola XTS3000 Portables (75) 1 00/01 225,000 Motorola Spectra A3 1 96/99 2,500 Mobile 2 89/90 6,500 Cordless XLT Headsets (10 sets) 1 01/02 4,500 Radio Workstation 1 02/03 35,000 Motorola Wireless Dispatch Sys. 1 99 /UU 2,500,000 Total Equimpent $ 4,211,200 Note: Figures have been rounded to nearest hundred. Sources: City of El Segundo Equipment Replacement Schedule, 09/10; City of F Segundo. LDAN WIL s Financial Sery (ces i50 City of El Segundo Public Facilities Impact Fee Study Table AA Library Collections Item Average Price Total Collection Collection's Value DVD $ 30 7,000 $ 210,000 VHS 20 500 10,000 Music CD 17 2,600 44,200 Book on Tape 80 890 71,200 Book on CD 45 916 41,200 Magazine or Journal Print 5 5,880 29,400 Newspaper Print 1.00 1,800 1,800 Microfilm or Microfiche 7 80,822 565,800 Maps, Pamphlets, Photos 10 27,500 275,000 Reference Books 200 6,500 1,300,000 Fiction Books 30 279000 810,000 Non - Fiction Books 88 23,000 2,024,000 Children's Books 26 56,325 19464,500 Electronic Database Subscriptions 3,000 15 45.000 Total - Library Collections 240,748 $ 6,892,100 Note: Total values rounded to nearest hundred Source: El Segundo Public Library. WILLDAN Financial Services. I. 58 City of El Segundo Public Facilities Impact Fee Study Table A.5: Library Equipment and Furnishings Description Units Year Acquired Unit Cost Total Replacement Cost Projector, Epson 1 05/06 $ 2,600 $ 2,600 Projector, LCD Multimedia (Panasonic) 1 07/08 1,600 1,600 Media Return, M700 -R 1 03/04 2,169 2,200 Audio System /Matsui Room 1 03/04 8,000 8,000 Tables 1 06/07 8,000 8,000 Reading Chairs 15 06/07 733 11,000 3M Security System 1 02/03 14,000 14,000 Canon Microfilm Scanner 1 08/09 9,000 9,000 Audio Visual Material Return 1 93/94 1,650 1,700 Audio Visual System 1 91/92 23,595 23,600 Printer, Dell 310OCN Laser Color 1 06/07 1,600 1,600 Printer, HP LserJet 2055DN 1 08/09 1,600 1,600 Bar Code Scanner & Resensitier 1 03/04 1,600 1,600 Printer, Canon Fileprint 1 08/09 2,000 2,000 Computer, Dell Optiplex 755 Ultra Small 40 07/08 1,818 72,700 Laptop, Dell Latitude D630 1 07/08 1,800 1,800 Computer, Dell Optiplex GX620 19 "flat 13 05/06 1,800 23,400 Bar Code Scanners (17) 1 07/08 2,500 2,500 Computer, Dell Optiplex GX280T, 17" 1 04/05 1,600 1,600 Computer, Dell Optiplex GX620 Mini Tower a 1 06/07 2,400 2,400 Computer, Gateway Profile 5MX -C 1 04/05 2,000 2,000 Switch, PowerConnect 5324 (3ea) 1 06/07 3,500 3,500 Millennium System Expansion Software 1 02/03 50,000 50,000 Battery backup RS232 - (2) 1 02/03 1,700 1,700 Cisco Firewall PIX 1 00/01 4,500 4,500 OCLC Interfaces (2) 1 92/93 9,000 9,000 OPAC Web Server 1 00/01 13,500 13,500 Total - Library Equipment $ 277,100 Note: Total replacement cost figures rounded to nearest hundred Sources: City of El Segundo Equipment Replacement Schedule, 09/10; City of El Segundo. WILLDAN Fmanciiel services A5 159 City of El Segundo Public Facilities Impact Fee Study Table A.6: Fire Department Vehicles Description Unit Acquired Cost Vehicles Sedan, Crown Victoria Truck, crew cab Generator, Tempest Honda 2000 Watt Generator JR) Hydraulic Rescue (Jaws of Life) Aerial Ladder Fire Engine (E33) Ford Excursion /Command Center Fire Engine (E34) Truck, USAR Fire Engine (E31) Fire Engine (E32) Truck, Communications Power Blower (E33) Generator Power Blower (T32) Generator, Honda Sedan Technical Rescue Truck Rescue Ambulance (R31) Rescue Ambulance Truck, Ford Super Cab 2008 Ford Escape Hybrid Sedan, Grand Marquis Crew Cab Truck Generator Total - Equipment and Apparatus Note: Equipment replacement costs rounded to nearest hundred. 1 06/07 $ 28,000 1 97/98 50,000 2 07/08 3,600 1 00/01 3,500 2 00/01 58,000 1 94/95 921,400 1 08/09 771,000 1 02/03 105,000 1 92/93 448,000 1 05/06 800,000 1 99/00 575,000 1 92/93 448,000 1 89/90 - 1 00/01 1,800 1 00/01 2,200 1 91/92 2,600 1 96/97 3,500 2 98/99 31,500 1 95/96 320,000 1 03/04 251,100 1 96/97 179,500 2 00/01 59,000 1 08/09 35,000 1 00/01 26,300 1 99/00 52,000 1 99/00 1,800 Sources: City of El Segundo Equipment Replacement Schedule, 09/10; City of El Segundo. $ 5,177,800 VWl LLDAN Financial 3eni ces A 1 City of El Segundo Public Facilities Impact Fee Study Table A.7: Fire Department Computer, Communications Equipment Year Replacement Description Unit Acquired Cost Communications Portable XTL5000 VHF Radios (2) 1 06/07 $ 10,000 Portable XTS5000 UHF Radios (8) 1 06/07 40,000 Portable XTS5000 UHF Radios (12) 1 06/07 45,000 Portable XTL5000 VHF Radios (17) 1 06/07 60,000 Portable XTS5000 UHF Radios (18) 1 03/04 72,000 Portable XTS5000 UHF Radios (16) 1 03/04 118,000 Portable VHF (18) 1 varies 33,600 Motorola portable UHF radio (3) 1 02/03 11,000 Satellite Phone Portable Kits (7) 1 08/09 14,000 Emergency Advisory Radio 1 02/03 17,000 UHF Repeater System 1 98/99 2,500 Subtotal - Communications Equipment 1 98/99 423,100 Computer Equipment Fax, Panafax OF -8000 1 07/08 $ 1,500 Computer, Dell Optiplex GX620 19 "flat 8 05/06 14,400 Laptop, Dell Latitude C810 2 04/05 6,000 Printer, HP LJ 420ODTN 3 02/03 6,300 Computer, Dell File Server 1 02/03 6,000 Computer, Dell Optiplex 755 Ultra Small 8 07/08 14,400 Switch, PowerConnect 5224 1 03/04 2,500 Laptop, Dell Precision M6300 1 07/08 3,100 Mobile Data Computer (1) M5 1 06/07 7,500 Mobile Data Computer (1) M15 1 05/06 11,000 Mobile Data Computer (13) 1 03/04 111,000 Pipeline 130 IDSN/T1 1 98/99 1,300 Scanner 1 93/94 1,600 Laptop, Dell Latitude D510 Celeron M 16 05/06 24,000 Printer, Xerox Phaser 6259/DP color 1 04/05 2,600 Computer, Gateway 5MX -C Delux (EOC) 2 04/05 4,800 Server, Dell PowerEdge 1800 esweb03 1 05/06 4,500 Laptop, Dell Latitude C810 w /docking st 1 04/05 3,000 Computer, Dell Optiplex 755 "EMWIN" 1 07/08 4,000 Printer, HY LJ 220ODN (EOC) 2 01/02 2,800 Panafax 990 Fax Machine (EOC) 2 01/02 5,600 Subtotal - Computer Equipment $ 237,900 Note: Equipment replacement costs rounded to nearest hundred Sources: City of El Segundo Equipment Replacement Schedule, 09/10; City of El Segundo. 'W"finmioalSwvices WILLDAN A_; "61 City of El Segundo Public Facilities Impact Fee Study Table A.B: Fire Department Other Misc. Equipment ear Replacement Description Unit Acquired Cost Other Equipment Automatic Defibrillator S2- Lifepak (2) 1 04/05 $ 5,600 Automatic Defibrillator (4) 1 04/05 10,700 Typewriter 2 92/93 2,000 Pona Count System Model #8028 1 08/09 1,200 Ventilation Chain Saw (E33) 1 99/00 1,300 Turbo Water Vac 17 gallon 1 03/04 2,700 Sharp 2000 Zoom Projector 1 03/04 2,100 ESFD Station #1 Console 1 05/06 5,500 ESFD Station #2 Console 1 05/06 5,500 Pro Tread Treadmill (St. 1) 1 08/09 5,400 Asset Management System 1 05/06 3,000 Washer Extractor 1 93/94 10,800 Personal Protective Equipment 2 04/05 7,500 Recliner, Lander (10) 1 08/09 6,000 Helmets w /eye protection (60) 1 04/05 13,600 Ballistic Body Armor (19 sets) 1 07/08 10,000 SCBA Bottles (22) 1 06/07 20,000 Headsets (33) 1 03/04 8,500 Emergency Vehicle Intercom Sys. (10ea) 1 03/04 11,000 Communications Generator (1/4) 1 98/99 50,000 Personal Escape Mask (CBRN) (75) 1 04/05 13,000 Heavy USAR Equipment 1 07/08 40,000 SCBA CBRN Mask 1 04/05 18,000 Hose (300 sections) 1 varies - SCBA Bottles (40) 1 04/05 36,000 Protective Clothing (60) 1 varies - SCBA Units (26) 1 04/05 145,200 SCBA Voice Amplifiers (55) 1 02/03 13,300 Typewriter 1 90/91 1,000 Ab Bench - Icarian (ST2) 1 02/03 1,000 Submersible Pump JR) 1 94/95 1,300 Pump 1 98199 1,400 Pump (TR) 1 98/99 1,400 Submersible Pump (ST2) 2 98/99 2,800 Rotary saw (2) JR) 1 98/99 1,400 3 -way Suction Siamese (T32) 1 97/98 1,500 Rotary hammer JR) 1 98199 1,500 Ventilation Chain Saw (T32) 1 92/93 1,800 Cutquick Power Saw 1 93/94 2,100 Water Vacuum 1 94/95 2,200 Gas Detector JR) 1 96197 2,500 Gas Detector JR) 1 96/97 2,500 MSA Alarm (2) JR) 1 96197 3,000 Leg Extensions (ST2) 1 99/00 3,000 Leg Curls (ST2) 1 99/00 3,000 Automated Defibrillator (E31) 1 00/01 4,000 Automated Defibrillator (E33) 1 00/01 4,000 Automated Defibrillator (E32) 1 00/01 4,000 Step Mill 7000 (ST2) 1 98/99 4,000 Precor EFX 5.23 Crosstrainer (ST2) 1 02/03 4,000 Precor Fitness Crosstrainer (ST1) 1 98/99 4,500 Thermal imaging camera (E31) 1 02/03 25,000 Thermal imaging camera (E33) 1 02/03 25,000 Thermal imaging camera (E32) 1 02/03 25,000 SCBA Bottles (77) 1 varies 57,200 SCBA (26) 1 varies 61,300 Victory trailer 4 08/09 22,100 Defibrillator, E Series ACLS Manual 1 07/08 19,500 Monitor /Defibrillator Life Pak 12 (2) 1 04/05 36,700 Defibrillator, 3 -E Series /2 -M Series Manual 1 06/07 59,000 Monitor /Defibrillator 1 97/98 13,000 Mobile radio ( #3361) 1 00 /01 2,100 Mobile radio ( #3360) 1 00/01 2,100 HNU Toxic Detector 1 03/04 3,700 Combo Gas /Oxygen Indicator 1 03/04 3,900 CBRN Detection Equipment 2 04/05 15,000 Five Step Analysis Kit ( #3348) 1 99/00 2,200 Combustible Gas Indicator 1 91/92 5,400 Mobile Mini Storage 10' 2 97/98 6,500 Mobile Mini Storage 20' 1 95/96 4,400 Projector, LCD "2" (EOC) 1 06/07 5,200 Biological /Chemical Detection Kit 1 04/05 5,300 Upholstered Chairs (35) 1 08/09 25,000 SE Inspector Survey Meter 1 03/04 25,000 Chemical 8 Biological Agent Detection Kit 1 04/05 15,000 Emerg. food (mutual aid /City empl.) 1 07/08 20,000 Emergency food 1 07/08 25,000 Subtotal - Other Equipment $ 1,017,400 Note: Equipment replacement costs munded to nearest hundred Sources: City of El Segundo Equipment Replacement Schedule, 09/10; City of El Segundo. WILLDAN A -8 Financial Services City of El Segundo Public Facilities Impact Fee Study Table A.9: Parks Equipment and Vehicles Total Year Replacement Description Units Acquired Unit Cost Cost Printer, Zebra P330i & Cards 1 FY05 -06 $ 6,600 $ 6,600 Program registration Printer & Cards 1 FY04 -05 6,600 6,600 System 5 Timer (Saari Pool) 1 FY00 -01 35,000 35,000 Vacuum Sweeper 1 FY02 -03 3,500 3,500 Board, Maxiflex 16'- Stand 1 FY01 -02 7,500 7,500 Pool automatic chlorinator 1 FY98 -99 2,500 2,500 Portable Radio (8), Motorola 8 FY03 -04 438 3,500 Rototiller 1 FY98 -99 1,300 1,300 16" Sod Cutter 1 FY98 -99 3,600 3,600 Tractor, Garden 1 FY98 -99 8,500 8,500 Genie Aerial Lift 1 FY00 -01 8,100 8,100 Delta 5 HP Unisaw 1 FY07 -08 5,000 5,000 Sedan, Crown Victoria 1 FY06 -07 8,000 8,000 Showmobile trailer 1 FY01 -02 130,000 130,000 Lawnair Aerator 1 FY86 -87 1,700 1,700 Cushman 1 FY99 -00 21,000 21,000 GEM, Utility Cart 1 FY02 -03 6,000 6,000 Mower /Trimmer 2 FY02 -03 1,700 3,400 Truck, Chevy 6 FY02 -03 29,133 174,800 John Deer 220B Greens mower 1 FY03 -04 5,000 5,000 Planer, Powermatic 1 FY99 -00 2,000 2,000 Roller Turf 1 FY91 -92 4,000 4,000 Stump Cutter 1 FY99 -00 36,000 36,000 Truck, Ford 2 FY91 -92 17,350 34,700 Truck, GMC TC7500 w /Arbortech 12" Chipper 1 FY08 -09 98,000 98,000 Aerial Tower Truck 1 FY97 -98 130,000 130,000 Utility Vehicle, John Deere HPX Gator 1 FY04 -05 10,200 10,200 Truck 1 FY92 -93 28,000 28,000 Utility Trailer 3 FY02 -03 5,433 16,300 Wood Chipper 1 FY01 -02 33,000 33,000 Generator 1 FY92 -93 2,000 2,000 Line Striper, Jiffy 7500 1 FY03 -04 1,800 1,800 Lawn Comber 1 FY97 -98 1,500 1,500 Mower 1 FY98 -99 4,200 4,200 Computer, Optiplex GX280, 17" panel 1 FY04 -05 1,800 1,800 Computer, Dell Optiplex 755 Ultra Small 14 FY07 -08 1,800 25,200 Computer, Dell; printer; firewall 1 FY07 -08 3,600 3,600 Computer, GX520 Minitowers 2 FY05 -06 2,300 4,600 Printer, HP220ODN 1 FY02 -03 1,200 1,200 Printer, HP LaserJet 4000TN 1 FY98 -99 1,800 1,800 Fax, Panafax DX2000 1 FY03 -04 2,600 2,600 HP 220ODTN Printer 1 FY02 -03 1,700 1,700 Computer, Dell Optiplex GX620 19 "flat 1 FY05 -06 1,800 1,800 Total Equipment and Vehicles $ 887,600 Note: Totals replacement costs rounded to nearest hundred. Sources: City of El Segundo Equipment Replacement Schedule, 08/09; City of El Segundo. w ✓WILLDAN A-9 Pinwvmvj Services Appendix B: Worker Demand Survey for Parks The worker demand weighting for parks and recreation facilities were developed during various user intercept surveys carried out by staff at the City of El Segundo in March 2010. The following appendix describes the methodology used to arrive at the worker demand weighting factors. Park Survey The parks intercept survey was administered to all willing park -goers at Campus El Segundo Fields and Recreation Park on Tuesday, March 16th, Wednesday, March 17th, and Sunday, March 21st. On the two weekdays, the survey was administered during the interval from 11:45AM to 1:15PM and then the interval from 6:OOPM to 7:OOPM. On Sunday, the survey was administered from 9:15AM- 10:15AM, from 12:15PM- 1:15PM and from 6:30PM to 7:30PM. The parks surveyed are listed in the table below. Park users were asked if they came to the park that day because of proximity to work, home, both or neither. The staff at the City of El Segundo initially tabulated the results of the survey. The results of the weekday surveys (Tuesday, March 16th and Wednesday, March 17th) need to be multiplied by five to weight the results to represent the five weekdays. Results from the weekend survey (Sunday, March 21st) need to be multiplied by two in order to represent total visits for both weekend days. Willdan Financial Services constructed weights by considering worker and resident responses alone. Respondents suggesting that they were at the parks for both or neither reasons were not included in the total. The resulting estimate of total proximity to work responses were then divided by the current estimate of employees working within the City of El Segundo to derive park visits per employee. Park visits per resident were estimated by dividing the responses by the current resident population. The resulting weighting factor for worker park use based on survey results is estimated at 0.17. The tabulation of survey results appears in Table B.1 below. WILLDAN ,,+"'. E X64 City of El Segundo Public Facilities Impact Fee Study Table B.1: City Of El Segundo Park Users Survey Number of patrons at 5 5 park because of: 5 5 5 Work Residence Both Neither Survey Date: Tuesday, March 16, 2010,11:45 am to 1:15 pm 295 7 70 2 Recreation Park 37 30 13 19 Campus El Segundo Fields 6 1 _ 10 Total 43 31 13 29 Survey Date: Tuesday, March 16, 2010, 6:00 pm to 7:00 pm Campus El Segundo Fields 8 8 7 Recreation Park 5 15 12 6 Campus El Segundo Fields 3 52 10 28 Total 8 67 22 34 Survey Date: Wednesday, March 17, 2010,11:45 am to 1:15 pm Recreation Park 28 12 6 15 Campus El Segundo Fields 7 2 1 23 Total 35 14 7 38 Survey Date: Wednesday, March 17, 2010, 6:00 pm to 7:00 pm 129 Total 1 Recreation Park 12 41 11 37 Campus El Segundo Fields 8 83 3 42 Total 20 124 14 79 Adjustment Factor 5 5 5 5 5 5 5 5 Weighted Weekday Visits 1 133 2 295 7 70 2 225 Survey Date: Sunday, March 21, 2010, 9:15 am to 10:15 am Recreation Park - - 2 25 7 7 1 14 Campus El Segundo Fields 8 8 7 7 2 2 3 37 Total 8 8 3 32 9 9 5 51 Survey Date: Sunday, March 21, 2010,12:15 p pm to 1:15 pm Recreation Park 5 5 3 38 1 12 3 36 Campus El Segundo Fields 6 6 2 26 8 8 1 129 Total 1 11 6 64 2 20 1 165 Survey Date: Sunday, March 21, 2010, 6 6:30 pm to 7:30 pm Recreation Park 2 2 3 34 6 6 3 32 Campus El Segundo Fields 1 10 6 6 5 5 2 209 Total 1 12 4 40 1 11 2 241 Adjustment Factor 2 2 2 2 2 2 2 2 Weighted Weekend Visits 2 21 9 91 2 27 3 305 Weekend and Weekday Weighted Visits 1 153 3 386 9 97 Allocation of "Both" Response 4 48 4 48 202 4 434 Employees or Residents 4 47.200 17.000 1,000 Visits per worker or resident 4 4.27 25.53 4 ( 17 Note: These parks were selected based on their similarity to future parks to be built. 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O '+�••' N r y W 3 01 O 7 .Y U N <d U U C O O o w O V,) vi i ^ 6s n U F O o Pa o . o E IV �b w O O y N r A O �r os 69 O C C P. i 7 O r-- V 'O xGX�Er, a> 0 nq E > c E Oq Ru tl h cri °� ss w a 0 O bq R u 6 cvo ai U 4 C Y U O U b�q t> U bA O cC O U O 0 a b �ZU�: W a ��U ��1WoNrn rl `r r. o In h u U 69 N M ti Iq C CA aw V c L, �c ^,^O�Q v � a O � i�U cl > � M r ;= ° cc p I� ,� ❑ by A y U C w„ o bU d N Q Y C c o o c, 7 `_' EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2010 AGENDA STATEMENT AGENDA HEADING: Special Orders of Business AGENDA DESCRIPTION: Consideration and possible action (Continued Public Hearing) regarding the Fiscal Year 2010 -2011 Budget (including all City Revenues and Expenditures), Five -Year Capital Improvement Plan and Adoption of Resolutions approving Appropriation Limit, Preliminary Budget as amended, and Capital Improvement Plan as amended. (Copies of the Fiscal Year 2010 -2011 Preliminary Budget can be found in the Library, City Clerk's office, and on the City's website.) (Fiscal Impact $106,476,600 in total appropriations; $95,666,700 in total estimated revenues and prior year designations of $10,809,900.) (Fiscal Impact: $106,476,600) RECOMMENDED COUNCIL ACTION: 1. Continue Public Hearing and receive public testimony. Adopt the Resolution approving and adopting the Fiscal Year 2010 -2011 Operating Budget and the Five -Year Capital Improvement Budget. 2. Incorporate "Exhibit A Fiscal Year 2010 -2011 Change List of Budget Revisions in all Funds" into the Adopted Budget and balance any fiscal year 2009 -2010 General Fund shortfall with Council - authorized budget - balancing options approved on August 17`h' 2010. 3. Adopt the Resolution approving and adopting the Appropriations Limit for fiscal year 2010- 2011, as presented. 4. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1) Exhibit A Fiscal Year 2010 -2011 Change List of Budget Revisions in all Funds 2) Resolution approving and adopting the Operating and Five -Year Capital Improvement Budget for Fiscal Year 2010 -2011 and the Appropriation Limit for Fiscal Year 2010- 2011 FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $106,476,600 in Total Appropriations; $95,666,700 in total Revenues and prior year designations of $10,809,900. Additional Appropriation: N/A Account Number(s): ORIGINATED BY: Angelina Garcia, Fiscal Services Ma ager REVIEWED BY: Deborah Cullen, Director of Finance APPROVED BY: Jack Wayt, City Manager r, BACKGROUND AND DISCUSSION: W 1 `73 Initial planning for the FY 2010 -2011 budget started early in FY 2009 -2010. Staff identified an approximate budget gap of $8.7 million and two Strategic Planning Sessions were held to identify a series of options for balancing the FY 2010 -2011 budget deficit. At the Strategic Planning Sessions in May and July many options were discussed and the following items were approved by Council to be included in the FY 2010 -2011 budget: Shortfall: ($8,720,900) $1,400,000 $750,000 $1,500,000 $1,474,300 Deficit: ($3,596,600) Transfer from Equipment Replacement Fund (Communication Center excess funds) Withdraw from Other Post Employment Benefit Trust 5% Employee Concessions Reduction of Nonpersonnel Costs Council directed the City Manager to work with staff to bridge the adjusted shortfall with an emphasis on protecting the current workforce and minimal impact on services. The following is a summary of the reductions made to decrease the FY 10 -11 deficit: DEPARTMENT TOTAL SAVINGS Elected Officials $ 83,000 Administrative Support 467,250 Police 242,620 Fire 1,601,100 Communications Center 916,950 Planning /Building Safety 985,550 Public Works 615,530 Recreation and Parks 103,600 Library (21,550) Nondepartment (375,850) Transfers to Other Funds 200,000 Less: 5% Concessions: 1,500,000 Total General Fund NON - PERSONNEL SALARIES BENEFITS 32,892 3,400 46,708 444,325 (119,975) 142,900 11,308 583,457 (352,145) 47,050 1,323,500 230,550 (845,750) 1,218,600 544,100 830,683 95,800 59,067 42,788 526,842 45,900 292,325 (114,867) (73,858) 32,220 32,650 (86,420) 7,650 - (383,500) 200,000 - - Summary of Assumptions used to prepare FY 2010 -2011 Budget: 1,500,000 - 1 • Existing Memorandum of Understanding with Police Management Association, Police Officers Association, Firefighters' Association and Supervisory & Professional Employees Association which is 50% of the full -time workforce. Required salary increases ranging from 2% to 5% depending on bargaining group total $688,000. • No raises have been included for the remaining employee groups, which include the 74 Management /Confidential Group, City Employees' Association and Police Support Services Employees' Association. • Continued Vacancies — Currently, the City is operating with approximately 10% fewer employees for savings of approximately $3,000,000. • Employee Concessions — Effective August 1, 2010, employee concessions of 5% have been incorporated into the budget. These concessions are estimated at $1,500,000. • An increase in Workers' Compensation charges of $105,000 over the prior year • Health Benefits — Average 11 % increase or $481,000 • Annual Other Post Employment Benefits (OPEB) payment — Funded at 100 %; $2,000,000 for FY 2010 -2011 • El Segundo Unified School District funding - $250,000 cash payment and continue funding crossing guard contract ($80,000) and in -kind contributions ($617,500 estimated for FY 2010 -2011) • Capital Funding - $150,000 • City -wide new technology projects — No funding • No increase in PERS pension rates for the first 9 months of FY 2010 -2011. • The Fiscal Year 2009/10 budget included a zero - growth assumption for non - personnel costs. In other words, there were no increases in any non - personnel expenditure accounts for inflation/growth. Departments have further reduced their budgeted FY 2010 -2011 non - personnel expenditures by an additional $900,000. The major categorical reductions are as follows: • Supplies — Total decrease of $129,675 or 13.3% compared to the prior year adopted budget; • Contractual Services — Total decrease of $250,800 or 12.8% compared to the prior year adopted budget • Professional & Technical Services — Total decrease of $944,654 or 46% compared to the prior year adopted budget. The prior year budget included $520,000 for the general plan update, which has been postponed. • Meetings & Travel — Total decrease of $41,527 or 30% compared to the prior year adopted budget • Training & Education — Total decrease of $54,125 or 24.7% compared to the prior year adopted budget • Dues and Subscriptions — Total decrease of $17,451 or 19.5% compared to the prior year adopted budget • The Fire Department's overtime has decreased approximately $450,000 from the prior year's budget. This is in addition to the $661,000 in overtime reductions taken in FY 2009 -2010, which amounts to over $1.1 million in overtime reductions over the last two years. The reduction in overtime is achievable by not backfilling most absences. On September 7, 2010 the City Council conducted a Public Hearing on the FY 2010 -2011 Operating Budget and the Five -Year Capital Improvement Project Budget. Revisions from the Preliminary Budget are attached to this report and have been included in the final budget to be adopted. Incorporate "Exhibit A — FY 2010 -2011 Change List of Budget Revisions in all Funds" into the Adopted Budget. Budget Revenue Revisions between Preliminary and Adopted General Fund No adjustments were made to the General Fund Revenues. Other Funds The summary of changes includes adjustments to the CIP Fund, CDBG Fund and Facilities Maintenance Fund to balance transfers -in to the General Fund's and to transfer -out. An increase of $1,372,392 was also made to the Equipment Replacement Fund to account for charges from other departments that had not been finalized in the preliminary budget. Budget Expenditure Revisions between Preliminary and Adopted General Fund The summary of changes in General Fund expenditures include overtime savings of $23,600, and an increase of $158,600 in additional Equipment Replacement Charges charged to a majority of the General Fund departments. Other Funds The following budget revisions had not been finalized in time to include in the preliminary budget. The summary of changes in other fund expenditures include an adjustment for capital outlay in the Capital Improvements Fund of $2,444,000, as well as adjustments to the Water Fund for increases in purchase of potable and recycled water totaling $1,476,590 and a decrease to capital outlay of $660,000. The Equipment Replacement Fund shows an increase in asset purchases of $924,950 and a decrease in the transfer to the General Fund of $880,550. Adopt the Resolution approving and adopting Appropriations Limit for FY 2010 -2011. Article XIII -B of the California State Constitution, commonly referred to as the Gann Appropriations Limit, was adopted by California voters in 1980 and placed limits on the total tax proceeds that State and local agencies can appropriate and spend each year. Based upon the California Constitution and applicable law, staff has presented the City Council with an Appropriations Limit for FY 2010 -2011 as adjusted by the factors identified in the attached Resolution. The Appropriations Limit for FY 2010 -2011 will be $222,296,005. Capital Improvement Projects The FY 2010 -2011 Capital Improvement Projects recommended from the Capital Improvement Program Advisory Committee total $1,010,000. Residential Sound Insulation Program improvements total $12,649,500. General Fund This budget as presented contains General Fund appropriations inclusive of transfers of 56,010,156 and General Fund estimated revenues inclusive of transfers of $52,413,550 with a deficit of $3,596,606 to be filled by the use of General Fund Reserves until employee concessions are finalized. All Funds Enterprise Funds The Water Fund reports FY 2010 -2011 budgeted revenues of $20,385,700 and expenditures of $20,385,700. This fund's budget is balanced. The Wastewater Fund reports FY 2010 -2011 budgeted revenues of $3,500,100 and expenditures of $3,007,500. This fund's budget has a slight surplus to be set aside for capital projects. The Golf Course reports FY 2010 -2011 budgeted revenues of $2,037,000 and expenditures of $2,369,100. This fund's budget will be balanced with prior year designated fund reserves. Internal Service Funds The Workers' Compensation Fund reports FY 2010 -2011 budgeted revenues of $ 1,977,000 and expenditures of $ 2,010,500 funded at a 70% confidence level with retained earnings. The General Liability Fund reports FY 2010 -2011 budgeted revenues of $ 1,169,600 and expenditures of 1,160,700 funded at a 70% confidence level with retained earnings. The Equipment Replacement fund reports FY 2010 -2011 budgeted revenues of $ 1,372,400 and expenditures of $ 5,510,100 funded at a 70% of total replacement cost value with retained earnings. The revised FY 2010 -2011 budget is balanced. Total appropriations for all funds are $106,476,600. Total estimated revenues for all funds are $95,666,700, with prior year designations of $10,809,900, for a total of $106,476,600. CITY OF EL SEGUNDO EXHIBIT A CHANGE LIST OF EXPENDITURE BUDGET REVISIONS - APPROPRIATIONS ALL FUNDS FISCAL YEAR 2010 -2011 ADOPTED BUDGET FISCAL YEAR 2010 -2011 BUDGET Account Inc (Dec) Balance Preliminary Budget Appropriations inclusive of Transfers Out ADJUSTMENTS: General Fund: Elected Official - City Council 6207 (2,000) Adjust Equipment Replacement Charge 5204 (7,000) Elected Official - City Treasure r 6207 (600) Adjust Equipment Replacement Charge 6213 (600) Eliminate Meetings and Travel 6223 1,000 Increase Training and Education 6407 (31'700) Elected Official - City Clerk 6207 300 Adjust Equipment Replacement Charge 6207 12,700 Planning & Buildina Safety 6253 (3,300) Adjustment - Reduction of Postage Costs 4103 (23,628) Adjustment - Decrease Reimburseable Overtime 6207 (48,330) Adjust Equipment Replacement Charge 6279 (650) City Manager - IS 6 HR 6207 63,700 Adjust Equipment Replacement Charge Finance 6407 (10,525) Adjust Equipment Replacement Charge 5204 (7,000) Human Resources 6207 ( 2 450 ) Adjust Equipment Replacement Charge 6214 (1,500) Non - Department 6406 (35,000) Adjustment - Decrease Community Promotion 6407 (31'700) Adjustment - Decrease Community Promotion 6235 (33,222) Adjustment - Increase Vacation /Sick Leave Payout 6207 12,700 Adjust Equipment Replacement Charge Police Department 6260 (10,100) Adjustment - Reduction of Equipment Leasing Costs various (39,400) Transfer Charge to Comm Center 6279 (650) Adjustment - no longer fund this item 6207 58,830 Adjust Equipment Replacement Charge Communications Center 6207 39,400 Transfer Charge from PD Fire Department 4215 9,300 Adjustment - Increase uniform replacement per actual usage 5204 (7,000) Adjustment - decrease in projected operating supplies usage 6101 10,800 Adjustment - Increase in gas utility for FS #2 projected 6214 (1,500) Adjustment - Decrease in professionalftechnical contracts 8104 (30,950) Adjustment - Correction to Equipment purchases 8109 (26,000) Adjustment - Computer Software not intended to be purchased 6257 (500) Adjustment - Decrease in public education expenditures 6207 13,045 Adjust Equipment Replacement Charge Public Works Department Adjustment - Service Cost increases various 17,000 $108,841,518 1' . l CITY OF EL SEGUNDO EXHIBIT A CHANGE LIST OF EXPENDITURE BUDGET REVISIONS - APPROPRIATIONS ALL FUNDS FISCAL YEAR 2010 -2011 ADOPTED BUDGET Adjust Equipment Replacement Charge Recreation & Parks Department Adjust Equipment Replacement Charge Eliminate Software Maintenance Costs Library Services Adjust Equipment Replacement Charge Adjust Equipment Leasing Costs Adjust ProfessionaVTechnical Services Contracts Total General Fund Adjustments All Other Funds Adjustment - Elimination of costs not available for reimbursement State Gas Tax Fund (106) Adjustment - Increase Transfer to CIP for Curb and Sidewalk Repair Capital Improvement Fund (301) Revision upon finalization of CIPAC Plan Water (501) Fund Adjust Equipment Replacement Charge Adjust Potable Water for increase in water rates Adjust Reclaimed Water for increase in water rates Revision of Capital Outlay upon finalization of CIPAC Plan Waste Water (502) Fund Adjust Equipment Replacement Charge Golf Fund (503) Adjust Equipment Replacement Charge Correction to reduce insurance premium Eauipment Replacement Fund (601) Increase in estimated replacments to be funded Increase in estimated replacments to be funded Increase in estimated replacments to be funded Increase in estimated replacments to be funded Increase in estimated replacments to be funded Decrease in Transfer to General Fund Estimate Workers' Compensation Fund Adjustment to increase Professionanechnical charges per amended contract Vacation Accrual Account (404) Correct beginning balance error Total Revised City Appropriations - All Other Funds inclusive of Transfers Out Total Revised City Appropriations - All Funds inclusive of Transfers Out FISCAL YEAR 2010 -2011 BUDGET Account Inc (Dec) Balance 6207 62,300 6207 8,430 8108 (9,950) 6207 3200 6260 3,900 6214 13,500 $0 $108,841,518 6312 (2,600) 9301 (207,600) (2,394,000) 6207 6,296 6283 787,840 6285 688,750 (660,004) 6207 (3,404) 6207 (13,600) 8104 186,865 8105 167,725 8106 455,345 8108 103,060 8109 11,970 9001 (880,550) 6214 (500,000) (111,000) ($2,364,907) ($2,364,907) ($2,364,907) $106,476,611 CITY OF EL SEGUNDO EXHIBIT A CHANGE LIST OF REVENUE BUDGET REVISIONS - ALL FUNDS FISCAL YEAR 2010 -2011 ADOPTED BUDGET FISCAL YEAR 2009 -2010 BUDGET Account Inc (Dec) Balance $91,510,152 Preliminary Estimated Revenues inclusive of Transfers In 375,000 Correction to Schedule ADJUSTMENTS: Capital improvement Fund (301) 9001 150,000 Transfer in from General Fund 50,000 Transfer in from Gas Tax based on CIPAC CDBG (111) 9001 500 Transfer in from General Fund Facilities Maintenance Fund (4051 9001 (65,000) Transfer in from General Fund Water Fund (501) 3851 1,280,700 Increase in revenues due to water rate increases 3856 993,000 Increase in revenues due to water rate increases Equipment Replacement Fund 3834 1,372,392 Adjust to account for Charges to Depts $4,156,592 $95,666,744 $10,809,867 Prior Year Designation Fund Reserves 5106,476,611 Total Revised Estimated Revenues Inclusive of Transfers In RESOLUTION NO. _ A RESOLUTION ADOPTING THE 2010 -2011 FINAL OPERATING BUDGET FOR THE CITY OF EL SEGUNDO AND ADOPTING THE 2010 -2011 CAPITAL IMPROVEMENT BUDGET. The City Council of the City of E1 Segundo does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. The City Council has reviewed the proposed final Operating Budget ( "Budget ") and Capital Improvement Plan ( "CIP ") for fiscal years; B. The Budget and CIP are based upon appropriate estimates and financial planning for the City's operations, services, and capital improvements; C. The City Council conducted public study sessions on May 6, 2010 and June 24, 2010 and a public hearing on September 7, 2010, and continued on September 21, 2010; D. In accord with the Government Code, the El Segundo Planning Commission has determined, on August 26, 2010, that the projects included in the CIP are consistent with the City's General Plan; E. All procedural requirements for adopting the City's budget were fulfilled, and the City Council was fully informed regarding the City's current finances, projected revenue, and financial obligations; and F. It is in the public interest for the City Council to adopt the Budget and CIP as proposed by the City Manager. SECTION 2: ADOPTION. The Budget and the CIP attached to this Resolution, and incorporated by reference, are approved and adopted subject only to the authorizations set forth below. Such approval and adoption includes, without limitation, the Position Control Listing of Authorized Positions, Classification and Compensation Plans set forth in the Budget which recognizes new classifications and removes unused classifications. SECTION 3: APPROPRIATIONS LIMIT. A. Article XIIIB of the California Constitution requires the City to set its Appropriations Limit on an annual basis; B. The City's Appropriations Limit may be adjusted annually based upon inflation and population growth. C. The City Council may choose the method of calculating adjustments to the City's Appropriations Limit on an annual basis. For inflation, pursuant to Article XIIIB, § 8(e)(2), adjustments to the Appropriations Limit may be calculated using either the percentage change in per capita personal income from the preceding year or the percentage change in the local assessment roll from the preceding year Page 1 of 4 1s1. because of local nonresidential new construction. For population growth, pursuant to Government Code § 7901(b), the City may either use the percentage growth either in its jurisdiction or from the surrounding county. D. Pursuant to Article XIII -B of the California Constitution, and those Government Code sections adopted pursuant to Article XIII -B, § 8(f), the City Council chooses to adjust the City's Appropriations Limit by calculating inflation using the percentage change in the City's assessment roll from the preceding year because of local nonresidential new construction and calculating population growth by using the percentage change in population in Los Angeles County. E. As a result of the adjustments made to the City's Appropriations Limit, the City Council sets the Appropriations Limit for fiscal year at $222,296,005. SECTION 4: BUDGET APPROPRIATIONS. Based upon the Budget, the total General Fund operating budget is $56,010,200. The City Manager, or designee, is authorized to implement the following appropriations for City Departments: DEPARTMENT AMOUNT Elected Officials $ 841,900 City Manager $ 2,294,400 City Attorney $ 448,600 Non Department $ 3,004,100* Communications Center $ 1,420,100 Finance $ 1,820,700 Fire $14,105,800 Human Resources $ 784,100 Library $ 2,318,000 Recreation and Parks $ 4,506,800 Planning and Building Safety $ 2,592,300 Police $16,083,100 Public Works $ 5,489,300 Transfers $ 301,000 * Includes $1,500,000 in reductions in salaries. SECTION 5: CIP APPROPRIATIONS. Based upon the CIP, a total of $2,679,000 is appropriated for Capital Improvement Projects for Fiscal Year. The City Manager, or designee, is authorized to implement the CIP with the following funds and amounts: FUND AMOUNT State Gas Tax $ 50,000 Proposition "C" STPL $ 120,000 Water Operation $ 340,000 Sewer Fund $ 500,000 Page 2of4 182 SECTION 6: MISCELLANEOUS APPROPRIATIONS. The City Manager, or designee, is authorized to implement the following miscellaneous appropriations: FUND AMOUNT Traffic Safety $ 200,000 State Gas Tax $ 50,000 Asset Forfeiture $ 1,145,600 Measure R $ 85,000 CDBG $ 71,300 Proposition "A" Transportation $ 133,900 Proposition "C" Transportation $ 167,100 Residential Sound Insulation $12,649,500 Air Pollution Reduction $ 28,500 Hyperion Mitigation $ 267,300 TDA Bikeway $ 9,000 C.O.P.S. $ 100,000 Capital Improvement Program $ 50,000 Economic Uncertainty $ 169,500 Facilities Maintenance $ 95,000 Water Operation $20,385,700 Sewer $ 3,007,500 Golf Course $ 2,369,100 Equipment R lacement $ 5,510,100 Liability Insurance $ 1,160,700 Workers' Compensation $ 2,010,500 Developer Fees Expendable Trust $ 250,000 Expendable Trust — Other $ 536,000 Outside Services $ 15,000 SECTION 7: REAPPROPRIATION. The City Manager, or designee, is authorized to reappropriate any unused appropriations for capital projects, special projects, and grant programs at the close of Fiscal Year 2009 -2010 for the Budget and CIP. SECTION 8: FUND OPERATING RESERVES. The City Manager, or designee, may appropriate any remaining revenues at the close of Fiscal Year 2009 -2010 into the applicable Fund operating reserve on September 30, 2010. SECTION 9: BUDGET ADJUSTMENTS. The Budget may be subsequently adjusted as follows: A. By majority vote of the City Council; B. By the City Manager, or designee, for all appropriation transfers between programs and sections within a City department and between appropriation units (e.g., salaries and benefits, services and supplies, and capital outlay) within programs; C. By Department Directors for appropriation transfers between appropriation units Page 3of4� within programs; D. Objects code expenditures within appropriation units in a program are not restricted so long as funding is available in the appropriation unit as a whole. SECTION 10: CONTRACTING AUTHORITY. A. The City Manager, or designee, is authorized to bid and award contracts for the equipment, supplies, and services approved in the Budget. B. In accordance with the El Segundo Municipal Code ( "ESMC "), the City Manager is authorized to execute all contracts awarded for equipment, supplies, and services approved in the Budget. C. Notwithstanding any dollar limitation set forth in the ESMC, the City Manager is authorized to execute contracts for purchasing equipment and supplies that are individually identified in the Budget regardless of total cost. The City Manager may, but is not required to, seek additional City Council approval for transactions made pursuant to this Section. D. For all other services, equipment, and supplies, the City Manager is authorized to execute contracts in accordance with the ESMC. SECTION 11: The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original resolutions; and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting. SECTION 12: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. PASSED AND ADOPTED September 21, 2010. ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney Eric Busch, Mayor Karl H. Berger, Assistant City Attorney Page 4 of 4 1 8 1 EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2010 AGENDA STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action regarding 1) Adoption of Ordinance No. 1442 to approve an Amendment to the contract between the Board of Administration of the California Public Employees' Retirement System (CaIPERS) and the El Segundo City Council providing Section 20903 (Two Years Additional Service Credit) for one classification in the City's Local Safety Members; 2) Adoption of a Resolution providing a designated Retirement Period for Section 20903, Two Years Additional Service Credit to include amended Exhibit A; and 3) Certification of Compliance with Government Code Section 20903; (Fiscal Impact: 1) Estimated increase in the City's PERS safety employer rate of .084% and an annual cost increase in FY 2012- 2013 of $14,000; 2) Salary savings based on the employee retiring during the designated retirement period of $282,726). RECOMMENDED COUNCIL ACTION: 1. Waive Second Reading and Adoption of Ordinance No. 1442. 2. Adopt the Resolution Providing a Designated Retirement Period 3. Certify Compliance with Government Code Section 20903 4. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Ordinance No. 1442 2. CaIPERS Exhibit — Amendment to Contract 3. Resolution Providing Designated Retirement Period (includes Exhibit A) 4. CaIPERS Document — Certification of Compliance with Government Code Section 20903 FISCAL IMPACT: 1) Estimated increase in the City's PERS Safety Employer Rate of .084% and an annual cost increase in FY 2012 -2013 of $14,000; 2) Salary savings based on the employee retiring during the designated retirement period of $282,726. Amount Budgeted: Additional Appropriation: Account Number(s): ORIGINATED BY: Martha A. t, Human Resources Manager REVIEWED BY: Bob Hyland, Director of Humap Resources APPROVED BY: Jack Wayt, City Mana BACKGROUND AND DISCUSSION: As part of the March 19, 2009 Strategic Planning Session, staff presented Council with a number of potential budget reduction options, among them, Early Retirement Incentives. An Early Retirement Incentive Program was offered to local miscellaneous employees between October 5, 2009 and January 15, 2010. This Agenda Item requests Council approval of an Early Retirement Incentive Program for local safety members. Since this item was last presented to Council at its meeting on May 18, 2010, a change was made to the list of eligible classes. Staff recommends offering this Program to one classification within the Fire Safety Group, specifically the classification of Deputy Fire Chief. This Program would provide the eligible employee: 1) Two Years of additional PERS Service Credit; and 2) a payment of $1,000 if the employee enters into a Date - Certain Retirement Separation Agreement, in order that the resulting salary savings can be expeditiously factored into the Fiscal Year 2010 -2011 Budget. Section 20903 (Two Years Additional Service Credit) Staff initiated the contract amendment process on February 10, 2010 by requesting that Ca1PERS provide the City with the documents required to add Section 20903 to the contract between the City Council and the Ca1PERS Board of Administration. Eligibility to receive the two years of Additional Service Credit requires the following: • The employee is a local safety member of Ca1PERS • The employee will have reached age 50 and have at least five years of Ca1PERS Service at the time of their retirement during the retirement period designated by the City. • Department heads, local police members, and fire classes other than Deputy Fire Chief are not eligible to receive the two years of additional service credit. The employee benefits because the additional two years of service credit adds value to his/her retirement annuity. The employer benefits because the City achieves cost savings through resulting position vacancies, opportunity for workforce restructuring and /or lower compensated new employees filling certain designated vacant positions. CalPERS requires, in accordance with Government Code Section 20903 and the contract between Ca1PERS and the City, that the City Council certify that: Because of an impending curtailment of, or change in the manner of performing service, the best interests of the agency will be served by granting such additional service credit. 2. The added cost to the retirement fund for all eligible employees who retire during the designated window period will be included in the contracting agency's employer contribution rate for the fiscal year that begins two years after the end of the designated period. It has elected to become subject to Section 20903 because of impending mandatory transfers, demotions, and layoffs that constitute at least one percent of the job classification, department or organizational unit, as designated by the governing body, resulting from the curtailment of, or change in the manner of performing its services. 4. Its intention at the time Section 20903 becomes operative is to keep all vacancies created by retirements under this section or at least one vacancy in any position in any department or other organizational unit permanently unfilled, thereby resulting in an overall reduction in the workforce of such department or organizational unit. Government Code Section 7507 requires that the future annual costs of the proposed contract amendment be made public at a public meeting at least two weeks prior to the Second Reading and adoption of the required Ordinance. Future annual costs were made public at the City Council meeting on May 18, 2010. A6 Government Code Section 20741 requires that there must be a twenty -day period between the adoption of the Resolution of Intention and the Second Reading and Adoption of the Ordinance. The Resolution of Intention was adopted by Council on May 18, 2010. Ca1PERS requires that the retirement period within which this benefit may be provided, is no less than ninety (90) days and no more than one hundred eighty (180) days in length. The retirement period designated by the City will commence on Monday, October 25, 2010 and end on Friday, January 28, 2011. Fiscal Impact The cost of the Two Years of Additional Service Credit is amortized by Ca1PERS over a twenty year period and will be included in the City's Safety Employer Contribution Rate, commencing with the Fiscal Year starting two years after the end of the designated Retirement Period, 2012- 2013. Staff has calculated the fiscal impact on the assumption that the incumbent will retire during the designated Retirement Period. Staff's fiscal impact calculations were based on utilizing PERS Document CON3 -PA, "Procedures for Calculation of Estimated Employer Cost" and were reviewed and certified by Actuary John Bartel of Bartel Associates, LLP. Mr. Bartel has provided the City with actuarial analyses and valuation reports for a number of years. 1) Estimated Present Value of Additional Employer Contributions $185,000 2) Estimated Annual Employer Cost Amortized over 20 Years $ 14,000 3) Estimated Employer Rate Increase .084% The cost savings to the City based on the above retirement would be $ 282,726 for FY 2010 -2011. If the employee enters into a Date - Certain Retirement Separation Agreement, by Friday, December 14, 2010, he will receive a one -time payment of $1,000. Further, two additional actions are required to finalize the Amendment of the City's contract with Ca1PERS. Resolution Providing for a Designated Retirement Period for Section 20903, Two Years Additional Service Credit Adoption of the Resolution formally designates both the job classification eligible for this benefit, as well as the Retirement Period during which the retirement must occur. Ca1PERS requires that the Designated Retirement Period be no less than ninety (90) days, no more than one hundred eighty (180) days in length. The Designated Retirement Period will be from Monday, October 25, 2010 to Friday, January 28, 2011. This timeframe will allow the eligible employee to have ample time to 1) review information related to the Early Retirement Program, 2) obtain retirement allowance estimates from CalPERS, and 3) complete and submit the Retirement Application Package. 8..1 Certification of Compliance with Government Code Section 20903 Ca1PERS requires, in accordance with Government Code Section 20903, and the contract between the Ca1PERS Board of Administration and the City Council, that the Council certify that: "Because of an impending curtailment of, or change in the manner of performing service, the best interests of the agency will be served by granting such additional service credit. The added cost to the retirement fund for all eligible employees who retire during the designated window period will be included in the contracting agency's employer contribution rate for the fiscal year that begins two years after the end of the designated period. It has elected to become subject to Section 20903 because of impending mandatory transfers, demotions, and layoff that constitute at least 1 percent of the job classification, department, or organizational unit, as designated by the governing body, resulting from the curtailment of, or change in the manner of performing, its services. Its intention at the time Section 20903 becomes operative is to keep all vacancies created by retirements under this section or at least one vacancy in any position in any department or other organizational unit permanently unfilled, thereby resulting in an overall reduction in the workforce of such department or organizational unit." Fundine Options Options available to pay for the increased costs include an annual additional payment of $14,000 for twenty (20) years starting Fiscal Year 2012 -2013 —or- a lump sum payment in the amount of $185,500. �$S ORDINANCE NO. 1442 AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. The City Council of the City of El Segundo does ordain as follows: SECTION 1: The attached Exhibit A, an amendment to the contract between the City Council of the City of El Segundo and the Board of Administration, California Public Employees' Retirement System, is approved and the Mayor is authorized to execute the amendment. SECTION 2: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 3: This Ordinance will become effective on the thirty -first (31S) day following its passage and adoption. PASSED AND ADOPTED this day of 2010. Eric K. 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 El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of , 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 , 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 Ca1PERS California Public Employees' Retirement System EXHIBIT AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of E1 Segundo The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective October 1, 1943, and witnessed August 25, 1943, and as amended effective November 1, 1947, August 1, 1949, July 1, 1950, November 1, 1955, September 1, 1958, March 9, 1959, November 7, 1964, October 19, 1968, December 11, 1971, July 20, 1974, July 19, 1975, January 3, 1976, July 16, 1977, June 3, 1978, February 6, 1982, April 3, 1982, January 1, 1992, June 27, 1992, May 15, 1993, January 8, 1994, January 19, 1996, April 4, 1997, October 13, 1997, October 7, 2000, December 18, 2000, May 19, 2001, July 2, 2004, April 12, 2008, May 9, 2009 and October 3, 2009 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 14 are hereby stricken from said contract as executed effective October 3, 2009, and hereby replaced by the following paragraphs numbered 1 through 14 inclusive: All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members, age 55 for local fire members and age 50 for local police members. 19i 4 2. Public Agency shall participate in the Public Employees' Retirement System from and after October 1, 1943 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CaIPERS) and its trustees, agents and employees, the CaIPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorneys fees that may arise as a result of any of the following: (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non - CaIPERS retirement program. (b) Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than existing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a third party other than CaIPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. (d) Public Agency's election to file for bankruptcy under Chapter 9 (commencing with section 901) of Title 11 of the United States Bankruptcy Code and /or Public Agency's election to reject this Contract with the CaIPERS Board of Administration pursuant to section 365, of Title 11, of the United States Bankruptcy Code or any similar provision of law. (e) Public Agency's election to assign this Contract without the prior written consent of the CaIPERS' Board of Administration. k -, (f) The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. (g) Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to California statute or to the California Constitution. 4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 6, Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and /or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 superseded this contract provision by providing that any such temporary and /or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994. 7. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service on and after July 1, 1956, the effective date of Social Security coverage, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 65 Full and Modified). 9. The percentage of final compensation to be provided for each year of credited prior and current service as a local police member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 10. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624 and 21626 (Post- Retirement Survivor Allowance) for local safety members only. b. Section 21571 (Basic Level of 1959 Survivor Benefits) for local miscellaneous members only. C. Section 21222.1 (One -Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. d. Section 21222.2 (One -Time 5% Increase - 1971). Legislation repealed said Section effective January 1, 1980. e. Section 21024 (Military Service Credit as Public Service). f. Section 20042 (One -Year Final Compensation). g. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safety members only. h. Section 21548 (Pre- Retirement Option 2W Death Benefit). i. Section 20903 (Two Years Additional Service Credit). 11. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 12. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. .i b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 13. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 14. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF EL SEGUNDO BY BY LORI MCGARTLAND, CHIEF PRESIDING OFFICER' EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Witness Date Attest: Clerk AMENDMENT ER# 39 PERS- CON -702A RESOLUTION NO. A RESOLUTION PROVIDING A DESIGNATED RETIREMENT PERIOD FOR SECTION 20903, TWO YEARS ADDITIONAL SERVICE CREDIT The City Council of the City of El Segundo does resolve as follows: Section 1: The City Council of the City of El Segundo is a contracting public agency of the Public Employees' Retirement System. Section 2: The Public Agency desires to provide a Designated Retirement Period for Section 20903, Two Years Additional Service Credit, based on the contract amendment in said contract which provides for Section 20903, Two Years Additional Service Credit, for eligible members. Section 3: Eligible members will be the City's local safety members as depicted on the attached Exhibit A. Section 4: The Designated Retirement Period shall be from October 25, 2010 through January 28, 2011. Section 5: The City Clerk is directed to certify the Passage and Adoption of this Resolution, enter same in the Book of Original Resolutions, and make a Minute of its adoption in the City's records and in the Minutes of the meeting when it was adopted. Section 6: The Resolution will become effective immediately upon adoption, and will remain effective unless repealed or superseded. PASSED AND ADOPTED this 21st day of September , 2010. Eric K. Busch, Mayor CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 21st day of September, 2010, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: NOT PARTICIPATING: WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of 2010. Cindy Mortesen, City Clerk of the City of El Segundo, California (SEAL) APPROVED AS TO FORM: Mark D. Hensley, City Attorney Karl H. Berger Assistant City Attorney EXHIBIT A TITLE Deputy Fire Chief, Fire Department CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Branch Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229 -2709 (888) CalPERS (225 -7377) CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 20903 In accordance with Government Code Section 20903 and the contract between the Public Employees' Retirement System, the City Council of the City of El Segundo hereby certifies that: 1. Because of an impending curtailment of, or change in the manner of performing service, the best interests of the agency will be served by granting such additional service credit. 2. The added cost to the retirement fund for all eligible employees who retire during the designated window period will be included in the contracting agency's employer contribution rate for the fiscal year that begins two years after the end of the designated period. 3. It has elected to become subject to Section 20903 because of impending mandatory transfers, demotions, and layoffs that constitute at least 1 percent of the job classification, department or organizational unit, as designated by the governing body, resulting from the curtailment of, or change in the manner of performing, its services. 4. Its intention at the time Section 20903 becomes operative is to keep all vacancies created by retirements under this section or at least one vacancy in any position in any department or other organizational unit permanently unfilled thereby resulting in an overall reduction in the work force of such department or organizational unit. THEREFORE, the City Council of the City of El Segundo hereby elects to provide the benefits of Government Code Section 20903 to all eligible members who retire within the designated period, October 25, 2010 through January 28 2011 CITY COUNCIL OF THE CITY OF EL SEGUNDO By: Attest: Clerk/Secretary Date Presiding Officer 2yr certification -PA (Rev. 4104) N Q W H N C7 W O O N N R W m E W H a w N O N J a O Q a a a LL Q � W z Q O U Z zm (D (D U) J W a �r J Q W F' LL or y Z a U cc a 3 0 0 O EA of M m N E N m N M o N O -- ON N 0 m m N i w 2 z a J Q Q 0 W 0 N Y U w x U Q C w N Z d `o N � C = a m o O � O- Ul U y O � � N L w O C O C N r ° � L N N N m � « U ° C � C � � O U _T a m U N E O N a W O N Utl U ZC7 .� W ¢ ¢ E o OLLU`o� m m O = U Y ¢ U LL o m O m ° W z a N UJ 0 Q O N d a V1 m E O C ttl Q T U C d °1 U C E N C o N � O N Ul ° Y Q � D L U U � O d C O N O c o d � m m C d y Q U_ E U u°i 0 U O F Y L C N T a E C m 0 a a W w z z p w s w Z Z d a E Qzo LL z r O= z F p ¢ ¢ z z d Z w p i z o 0 j U Z z Z p O O r, p m 1 '-o N '{ O m U z W Q p W w W l7i L=i Q Z O V O N O 0) O N L6 N m N n N CC LL W U a II?-- w r N uj N N F_ ¢ �_ w w Q m 5 Fn OG1 N N tN0 N > (7 N T C N j of M m N E N m N M o N O -- ON N 0 m m N i w 2 z a J Q Q 0 W 0 N Y U w x U Q C w N Z d `o N � C = a m o O � O- Ul U y O � � N L w O C O C N r ° � L N N N m � « U ° C � C � � O U _T a m U N E O N a W O N Utl U ZC7 .� W ¢ ¢ E o OLLU`o� m m O = U Y ¢ U LL o m O m ° W z a N UJ 0 Q O N d a V1 m E O C ttl Q T U C d °1 U C E N C o N � O N Ul ° Y Q � D L U U � O d C O N O c o d � m m C d y Q U_ E U u°i 0 U O F Y L C N T a E C m 0 a a W w z z p w s w Z Z d a E Qzo LL z r O= z F p ¢ ¢ z z d Z w p i z o 0 j U Z z Z p O O r, p m n Z u W W ¢ U Z z N p p O z Y Fa- Fa- W J Z U z W Q p W w W l7i L=i Q Z WYY LL U¢ OW d d W >zc7 Lpi LL? a¢ �. 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O w m m U] a CC LL W U a II?-- w (�1J r vi < O d Y z z O Q WWrOC.t aa0 w ¢U3waLLU¢¢OO¢ z¢¢ m n 0 0 a¢ a F_ ¢ �_ w w Q m 5 Fn OG1 w¢rw�no¢¢�orprw 0Ir �n¢¢Uaa¢22r LLU�¢U grnaz¢ XXw w33(7 w-i ¢ W w0 of M m N E N m N M o N O -- ON N 0 m m N i w 2 z a J Q Q 0 W 0 N Y U w x U Q C w N Z d `o N � C = a m o O � O- Ul U y O � � N L w O C O C N r ° � L N N N m � « U ° C � C � � O U _T a m U N E O N a W O N Utl U ZC7 .� W ¢ ¢ E o OLLU`o� m m O = U Y ¢ U LL o m O m ° W z a N UJ 0 Q O N d a V1 m E O C ttl Q T U C d °1 U C E N C o N � O N Ul ° Y Q � D L U U � O d C O N O c o d � m m C d y Q U_ E U u°i 0 U O F Y L C N T a E C m 0 a a 5 2nn 2 LU a Z ¢ d W '« O N U U t > T C N j U N C 0 > o ac E N n a E m c o m a O T S, d « N O jE-E E (C T ] C W G C C j d o U E o W E N C N � 5 E o m m a m a O E E c r fr U W U 11 w Q LL II Z Q m FL o 5 2nn CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 8/27/10 THROUGH 9/09/10 Date Payee Amount Description 8/31/2010 Unum 497.80 LTD 9/1/2010 Health Comp 6,508.44 Weekly claims 9/2/2010 Employment Development 4,653.44 State Taxes 9/2/2010 Employment Development 54,185.26 State Taxes 9/2/2010 IRS 240,400.77 Federal Taxes 9/3/2010 State of CA EFT 1,868.07 Child support payment 9/3/2010 Nationwide EFT 36,275.72 EFT 457 payment 9/3/2010 LIB 4,303.74 PARS payment 9/3/2010 Manufacturers & Traders 31,811.38 457 payment Vantagepoint 9/7/2010 Cal Pers 413,265.37 Health 9/9/2010 Cal Pers 311,460.07 Retirement 9/9/2010 West Basin 1,559,003.50 H2O payment 9/8/2010 Lane Donovan Golf Ptr 21,329.20 Payroll Transfer 8/27- 9/9/10 Workers Comp Activity 50,854.37 SCRMA checks issued 2,736,417.13 DATE OF RATIFICATION: 9/21/10 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: Deputy Cito Treasurer q la I to Date 3 Date Date 2,736,417.13 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. P: \City Treasurer \Wire Transfers\2010 \wire 2010 3rd Qtr \Wire Transfers 9- 09.xls 201 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 7, 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 Tern 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. SPECIAL ORDER OF BUSINESS: Mark Hensley, City Attorney, stated that Council would be meeting in closed session pursuant to the items posted on the agenda. CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a) -3- matter City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279 Mike Chidester vs. City of El Segundo WCAB No. LB00391313, LB 00391307, LB00391308, LB00391306, LB00391310, LB00391309 Michael White vs. City of El Segundo WCAB No: Unassigned CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter. MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 2010 PAGE NO. 1 ��l�n 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): -0- matters Council recessed at 6:55 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 2010 PAGE NO. 2 203 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 7, 2010 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Busch at 7:00 p.m. INVOCATION — Cathy Domann, Deputy City Clerk PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS a. Presentation by the El Segundo Library introducing the "One City, One Book" event during September and October. b. Presentation to 2010 El Segundo Little League All Stars. ROLL CALL Mayor Busch - Present Mayor Pro Tern 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. Calvin Smith, El Segundo Police Officers Association President, spoke regarding Police Department salaries and the sacrifices made by officers everyday. Mike Gill, El Segundo Police Sergeant and Police Officers Association Board Member, spoke regarding Police Department concessions. Also spoke on the professionalism of the El Segundo Police Department. Elizabeth Diaz, resident, spoke regarding Police Safety salary concessions. Also spoke in favor of residents paying for trash pick up. MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 2010 PAGE NO. 3 1. Applicant's request for re- 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 convenience store located at 601 North Sepulveda Boulevard. Applicant: Veronica Becerra (Fiscal Impact: N /A) The applicant, Veronica Becerra, presented information to the Council related to the license request and requested that the Council reconsider and rescind its previous decision at its August 3, 2010 meeting to file an objection to a new Type 20 ABC license at 601 North Sepulveda Boulevard. Union 76 station owner responded to Council questions regarding truck access to the station. Council consensus to have applicant work with staff to see if something could be done regarding the driveway access problems. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Council Member Jacobson, SECOND by Mayor Pro Tern 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) 2. Consideration and possible action to open a public hearing and receive public testimony concerning the Tax Exempt Revenue Bonds by the California Municipal Finance Authority (CMFA) in an amount not to exceed $25,000,000, to finance the acquisition, rehabilitation, improvement and equipping of certain real property and improvements (consisting of a building located at 1940 E. Mariposa Avenue, El Segundo, California 90245) (Fiscal Impact: None) Mayor Busch stated that this was the time and place to conduct a public hearing to receive public testimony concerning the Tax Exempt Revenue Bonds by the California Municipal Finance Authority (CMFA) in an amount not to exceed $25,000,000, to finance the acquisition, rehabilitation, improvement and equipping of certain real property and improvements (consisting of a building located at 1940 E. Mariposa Avenue, El Segundo, California 90245). (Fiscal Impact: None) Clerk Domann stated that proper notice had been given in a timely manner and that no communications had been received in the City Clerk's Office. Bill Crowe, Assistant City Manager, gave a report. MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 2010 PAGE NO. 4 <) r-` 4� #., r MOTION by Mayor Pro Tern Fisher, SECONDED UNAN UNANIMOUS Council Member VOTE. 5/0 Fuentes to close the public hearing. MOTION P ASSED BY Mark Hensley, City Attorney, read by title only: RESOLUTION NO, 4678 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO APPROVING THE ISSUANCE OF CALIFORNIA MUNICIPAL FINANCE AUTHORITY REVENUE BONDS (WESTSIDE REGIONAL CENTER PROJECT), SERIES 2010, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000 FOR THE PURPOSE OF FINANCING THE ACQUISITION, REHABILITATION, IMPROVEMENT AND EQUIPPING OF AN OFFICE BUILDING AND OTHER RELATED MATTERS. MOTION by Council Member Fuentes, SECONDED by Council Member Brann to adopt Resolution No. 4678 approving CMFA's issuance of financing for Coastal Properties Foundation project(s)s. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 ITEM NO. 4 MOVED FORWARD ON THE AGENDA 4. Consideration and possible action to receive and file the Annual Report of the Capital Improvement Program Advisory Committee ( CIPAC). Oral presentation will be made by CIPAC Chairman Crista Binder. (Fiscal Impact: None) Crista Binder, CIPAC Chairman, gave a presentation. Council consensus to receive and file report. 3. Consideration and possible action regarding the presentation of the fiscal year 2010 -2011 Preliminary Budget and Five -Year Capital Improvement Plan including discussion and possible direction regarding all city revenues and expenditures. (Fiscal Impact: Revenues of $49.7 million, Expenditures of $53.3 million, with a remaining budget gap of $3.6 million) Mayor Busch stated that this was the time and place to conduct a public hearing regarding the presentation of the fiscal year 2010 -2011 Preliminary Budget and Five - Year Capital Improvement Plan including discussion and possible direction regarding all city revenues and expenditures. (Fiscal Impact: Revenues of $52.4 million, Expenditures of $56 million, with a remaining budget gap of $3.6 million) Clerk Domann stated that proper notice had been given in a timely manner and that no communications had been received in the City Clerk's Office. Council recessed at 8:02 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 2010 PAGE NO. 5 r��11, Council reconvened at 8:08 p.m. with all members present. Deborah Cullen, Finance Director, gave a report. Mike Robbins, resident, spoke regarding the City's current budget deficit. Also spoke on excessive public safety salaries. MOTION by Council Member Brann, SECONDED by Mayor Pro Tern Busch to continue the Public Hearing Se{nmbMOTION e September 21, 2010 0 meeting. PASSED BY UNANIMOUS VOICE VOTE 5 /0 C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS ITEM NO. 4 MOVED FORWARD ON THE AGENDA 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 will be considered individually under the next heading of business. Mark Hensley, City Attorney, noted a correction to Consent Agenda Item No. 15, City Manager contract, and stated that the term of the contract should read October 1, 2010 through March 31, 2011. 5. Approved Warrant Numbers 2578648 to 2578900 on Register No. 22 in the total amount of $1,006,544.68 and Wire Transfers from 08/06110 through 08/26/10 in the total amount of $2,637,166.78. Authorized staff to release. Ratified: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 6. Approved Regular City Council Meeting Minutes of August 17, 2010 and Special City Council Meeting of August 20, 2010. 7. PULLED FOR DISCUSSION BY COUNCIL MEMBER BRANN. 8. PULLED FOR DISCUSSION BY COUNCIL MEMBER BRANN. 9. Adopted Resolution No. 4579 approving a new Conflict of Interest Code required by The Political Reform Act (Government Code Section 81000 et. seq.) and rescinding Resolution No. 4563. (Fiscal Impact: None) 10. Adopted Resolution No. 4680 authorizing the annual destruction of identified records in accordance with the provisions of Section 34090 of the Government Code of the State of California. (Fiscal Impact: Not to exceed $1,000) MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 2010 PAGE NO. 6 �1�7 11. Received and filed report without objecting to a new Alcoholic Beverage Control (ABC) license for on -site sale and on -site consumption of alcohol, in conjunction with the operation of a new cafe and bar /lounge in an existing 16- screen theater located at 831 South Nash Street (Pacific Theaters /ArcLight). Applicant: Beach Cities ArcLight c/o Art Rodriguez (Fiscal Impact: N /A) 12. Adopted Plans and Specifications for a new Beach Bathroom Facility and Lifeguard Station at the El Segundo Beach (south end of the beach parking lot, at the end of Grand Avenue on Vista Del Mar) Project No.: PW10 -09; (Fiscal Impact: $900,000) Authorized staff to advertise the project for receipt of construction bids. 13. Approved organizational changes in the Public Works Department, which include elimination of the Senior Administrative Analyst position, reclassification of one of two Meter Reader /Repairer positions to Water Maintenance Worker II, and reclassification of the Senior Administrative Specialist position to Administrative Specialist. (Fiscal Impact: Budget savings of approximately $152,999.00). 14. Waive minor irregularities in the bid received from ACE Electric, Inc. and awarded standard Public Works Contract No. 4086 to ACE Electric, Inc. for Recreation Park Phase III Field Lighting Project. Project No.: PW 10 -07 (Fiscal Impact: $203,810) Authorized the City Manager to execute the contract in a form approved by the City Attorney. 15. Terminated the current City Manager's contract with Jack Wayt and execute a new City Manager's Contract No. 4087 with Jack Wayt for a six month term while the Council conducts a search for a new city manager. Additionally, authorized the Mayor to execute contract with an executive search firm in an amount not to exceed $25,000. (Fiscal Impact: Approximately $108,000 — City Manager salary, and $20,000 for executive search firm.) MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Brann to approve Consent Agenda Items 5, 6, 9, 10, 11, 12, 13, 14, and 15 as corrected. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 7. Receive and file report on recently accepted donations from El Segundo Kiwanis Club in the amount of $500 for the purchase of new lockers for the El Segundo Teen Center, and $300 for the Teen Center /R.E.A.C.T Golf Tournament. (Fiscal Impact: None) MOTION by Council Member Brann, SECONDED by Mayor Busch to receive and file report on recently accepted donations from El Segundo Kiwanis Club in the amount of $500 for the purchase of new lockers for the El Segundo Teen Center, and $300 for the Teen Center /R.E.A.C.T Golf Tournament. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 2010 PAGE NO. 7 r. 8. Consideration and possible action regarding the approval of amendments to the Plan of Operations as proposed by the El Segundo Senior Citizens Housing Corporation Board at its July 2010 meeting. (Fiscal Impact: None) ITEM TO BE HELD OVER UNTIL THE NEXT MEETING. STAFF TO REPORT BACK WITH ADDITIONAL INFORMATION. F. NEW BUSINESS G. REPORTS — CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE REPORTS — CITY CLERK - NONE J. REPORTS — CITY TREASURER - NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member Fuentes — Reported on her attendance at the recent Recreation and Parks Drama Production, the Police Department Community Watch Meeting, and the recent Citizens Forum. Council Member Brann — Spoke on legislation being passed in Sacramento regarding prosecution of child molesters. 16. Consideration and possible action to direct staff to prepare documents in preparation for implementing Proposition 218 protest procedures regarding residential trash collection service fees. (Fiscal Impact: Approximately $600,000 in revenue to the General Fund for trash collection services.) MOVED by Council Member Brann, SECONDED Mayor Busch to direct staff to prepare documents in preparation for implementing Proposition 218 protest ballot procedures for residential trash collection service fees. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR BUSCH, MAYOR PRO TEM FISHER, COUNCIL MEMBERS BRANN AND FUENTES; NOES: COUNCIL MEMBER JACOBSON. 4/1 Mayor Busch suggested that if this item is approved by Council, staff should be directed to return to Council with an item to consider creating a subcommittee consisting of two council members and the Environmental Committee members. Council Member Jacobson — NONE Mayor Pro Tern Fisher — NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 2010 PAGE NO. 8 209 Mayor Busch — Spoke on concerns with card keys being issued at Park Vista. Announced the upcoming Food Drive at the Los Angels County Fire Stations in Carson. Also announced that South Bay Environmental Services would be conducting a free lamp exchange on September 18 and 19, 2010. 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. Mike Robbins, resident, spoke regarding excessive employee salaries. Marc Rener, resident, spoke against asking residents to pay for trash pick up. Ron Swanson, resident, spoke regarding potential cuts to Recreation and Parks programs and suggested private funding. Mike Gill, El Segundo Police Department Sergeant, spoke regarding Police Department overtime. MEMORIALS — NONE CLOSED SESSION — at 9:55 p.m. The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seg.) 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 - NONE ADJOURNMENT at 10: 50 p.m. Cathy Domann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 2010 PAGE NO. 9 EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2010 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding approval of ongoing service agreements and blanket purchase orders for FY 2010 -2011 in excess of $25,000 and possible action to waive the formal bidding process and authorize the continued purchase of various agreements and services as described below. (Fiscal Impact: $1,154,200 General Fund, $31,000 Propostion A, $13,000 Asset Forfieture, $114,000 Water Enterprise Fund and $13,000 Wastewater Fund) RECOMMENDED COUNCIL ACTION: (1) Authorize staff to continue to purchase gasoline and diesel fuel for City vehicles and equipment through the use of spot market purchasing in an amount not to exceed $321,000 (General Fund). (2) Authorize the issuance of a blanket purchase order to Metron Farnier & Actaris in an amount not to exceed $100,000 in total for the purchase of single jet water meters for the City's water system (Water Enterprise Fund). (3) Authorize the issuance of a blanket purchase order to Blue Diamond Materials, a division of Sully Miller Contracting Company in an amount not to exceed $50,000 for the purchase of asphalt paving materials for Street Maintenance Division projects (General Fund). (4) Authorize the City Manager to extend ongoing service agreements with Baker & Taylor Information Services for supplying books and other library materials, and issuance of blanket purchase order not to exceed $61,000 (General Fund); (5) Authorize the City Manager to extend contract #2235 to Innovative Interfaces, Inc., for library computer network system maintenance and issuance of blanket purchase order not to exceed $30,000 (General Fund); (6) Authorize the City Manager to extend ongoing service agreements with J. Lee Engineering provides plan check and inspection consulting services for the Building and Safety Division not to exceed $150,000 (General Fund) ; (7) Authorize the City Manager to extend ongoing service agreements with JAS provides plan check and inspection consulting services for the Building and Safety Division not to exceed $25,000 (General Fund) ; (8) Authorize the City Manager to extend ongoing service agreements with John L. Hunter. On January 16, 2001 City Council approved Ordinance 1329 implementing the City's Standard Urban Water Mitigation Plan ( SUSWMP) of the California Regional Water Quality Control Board for the Los Angeles region. John L. Hunter and Associates, Inc. assists the Planning and Building Safety Department staff in implementing the ordinance by providing consulting services for SUSWMP plan check review, field inspection and staff training not to exceed $25,000 (General Fund); (9) Authorize the City Manager to extend ongoing service agreements with Gary Buflcin provides computer programming services to maintain and make improvements to the 7 211 multi - departmental permitting system (Muni - permits). The system currently serves Building and Safety, Planning, Public Works, Fire prevention, Police, Code enforcement and Recreation and Park not to exceed $25,000 (General Fund); (10) Authorize the City Manager to extend ongoing service agreements with Scanning Services Corporation Scanning Services Corporation scans and inputs data into the City's document imaging system not to exceed $35,000 (General Fund): (11) Authorize the City Manager to extend ongoing service agreements with Willdan Engineering Services provides professional planning consulting and engineering services to the City not to exceed $30,000 (General Fund) ; (12) Authorize the City Manager to extend ongoing service agreements with U.S. HealthWorks provides an extremely cost effective method of delivery of pre - employment and occupational medical services not to exceed $45,000 (General Fund); (13) Authorize the City Manager to extend ongoing service agreements with Westchester Medical Group /Center for Heart and Health to provide annual safety employees fitness for duty and executive physical examinations not to exceed $70,000 (General Fund); (14) Authorize the City Manager to execute a one -year contract with the Society for the Prevention of Cruelty to Animals Los Angeles for animal sheltering services, not to exceed $28,200 (General Fund); (15) Authorize the City Manager to execute a one -year contract with Duncan Solutions (formerly Enforcement Technology Inc.) for processing of parking citations /collections, not to exceed $77,000 (General Fund); (16) Authorize the City Manager to execute a one -year contract with AT &T Connection Services for communications related to mobile data computers and radio sites, not to exceed $39,400 (General Fund); (17) Authorize the El Segundo Fire Department to waive the bidding process per El Segundo Municipal Code §1-7-10 to purchase medical and pharmaceutical supplies, and piggyback on the City of Berkeley's Bound Tree Medical, Inc. ( "Bound Tree ") Bid #09- 10348-C, and authorize issuance of a blanket purchase order to Bound Tree for FY 2010- 2011 for medical and pharmaceutical supplies not to exceed $26,000 (General Fund); (18) Authorize the issuance of a blanket purchase order for FY 10 -11 to UCLA Center for Pre - Hospital Care for continuing education, defibrillation training and AED program oversight not to exceed $32,600 General Fund); (19) Authorize the City Manager to execute a one -year contract amendment and /or purchase order with Shannon David, Inc. for professional services with the City's business recruitment and marketing, program, as approved to form by the City Attorney, not to exceed $40,000 (General Fund); (20) Authorize the City Manager to execute a one -year contract amendment and /or purchase order with Tyler Technologies who provide financial software to manage the City's General Ledger, Accounts Receivable, Accounts Payable, Payroll, and Human Resources. This item is for annual licensing, maintenance, and support of these systems not to exceed $35,000 (General Fund); 212 (21) Authorize the City Mangaer to execute a one -year contract with All Cities Management Company to provide crossing guard services for the E1 Segundo School District not to exceed 80,000 ( General Fund); (21) Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $1,325,200 Additional Appropriation: N/A Account Number(s): 109 - 400 - 3105 -5215 $ 13,000 112- 400 -5292 -5215 $ 31,000 501 - 400 - 7102 -5215 $ 14,000 502- 400 - 4301 -5215 $ 13,000 501- 400 - 7102 -6215 $100,000 001 - 400 - 4601 -5215 $250,000 001 - 400 - 4202 -5204 $ 50,000 001 - 400 - 6103 -5505 $ 15,000 001 - 400 - 6103 -5507 $ 2,000 001- 400 - 6104 -5501 $ 44,000 001 - 400 - 6104 -6215 $ 30,000 001 - 400 - 2403 -6214 $150,000 001- 400 - 2403 -6214 $ 25,000 001- 400 - 2403 -6214 $ 25,000 001 - 400 - 2402 -6214 $ 25,000 001 - 400 - 2402 -6214 $10,000 001 - 400 - 2402 -6214 $ 30,000 001 - 400 - 2403 -6214 $25,000 001- 400 - 2506 -6214 $ 45,000 001- 400 - 2506 -6214 $70,000 001 - 400 - 3108 -6206 $28,200 001- 400 - 3101 -6206 $77,000 001 - 400 - 3107 -6278 $39,400 001- 400 - 3203 -5204 $26,000 001- 400 - 3203 -6214 $32,600 001- 400 - 2101 -6214 $40,000 001 - 400 - 2505 -6217 $35,000 001- 400 - 2901 -6405 $80,000 ORIGINATED BY: Angelina Garcia, Fiscal Services Manager REVIEWED BY: Deborah Cullen, Director inane APPROVED BY: Jack Wayt, City Manage BACKGROUND AND DISCUSSION: Public Works Fuel for City Vehicles and Equipment It is estimated that City vehicles and equipment will consume 73,000 gallons of gasoline, 16,000 gallons of diesel fuel, and 8,000 gallons of propane in Fiscal Year 2009 -2010 at a cost of approximately $284,000. Due to the projection of modest price increases in the next fiscal year, the City is budgeting $321,000 for Fiscal Year 2010 -2011. Account Numbers: 001- 400 -4601- 5215 ($250,000) 109 - 400 - 3105 -5215 ($13,000) 112- 400 -5292 -5215 ($31,000) 501- 400 -7102- 5215 ($14,000) 502- 400 - 4301 -5215 ($13,000) 213 Generally, fuel is purchased either through spot market purchases or long -term contracts. Spot purchasing consists of shopping around each time fuel is needed and purchasing fuel from the lowest priced vendor. This type of purchasing usually occurs when the fuel market is volatile as it has been for the last three years. During periods of stability, agencies enter into long -term fuel contracts. Pricing under long -term contacts is tied to a published fuel price baseline plus a markup. The recent volatility in the market has forced vendors to significantly raise this markup, making long -term contracts unattractive. Under the City's last long -term contract through Los Angeles Metropolitan Public Purchasing Agents' Cooperative (LAMPPAC), there was virtually no markup. When that contract expired in September 2005, the fuel market was quite volatile and City Council authorized staff to purchase gasoline and diesel fuel through the use of spot market purchases. Many agencies including Cities of Manhattan Beach, Redondo Beach and Hawthorne have opted to purchase fuel through spot purchases in lieu of entering into long -term contracts since the expiration of the LAMPAC contact. Staff continuously monitors long -term contracts available in the industry. When the terms of long -term contracts improve such that the price is a few cents over the market baseline, staff will again recommend entering into a long -term fuel contract. Pursuant to El Segundo Municipal Code (ESMC) § 1 -7 -10, relating to purchases and supplies, the City Council may at any time, by a majority vote and without amending the ESMC, waive purchasing procedures or alter proceedings to fit a specific purchase, when the waiver is not in violation of State law. Spot purchasing is the sort of modified purchasing arrangement that requires such a waiver by Council. It is possible that the total of purchases from any one vendor may exceed $25,000; therefore, Council approval of spot purchasing is requested. Water Meters — Metron Farnier & Actaris The City's water distribution system includes approximately 250 large commercial compound water meters three to eight inches in diameter. As large meters age, they become less accurate and tend to register water usage that is below actual consumption. It is common in the water industry to replace older large meters as they are typically the greatest source of unbilled water or lost water. When meters are replaced, the Water Division installs single jet water meters rather than compound water meters. The single jet meters provide increased metering accuracy, excellent low flow registration, and less maintenance part. The cost to replace each meter ranges from $2,000 to $5,000, dependent upon size. Staff plans to continue replacing meters in FY 2010 -2011 and recommends continuing to purchase meters from Metron Farnier & Actaris, the only two vendors that supply this type of meter, in an amount not to exceed $100,000 in total. Account Numbers: 501- 400 - 7201 -6215 Asphalt Paving Materials — Blue Diamond Materials The Street Maintenance Division repairs approximately 50,000 square feet of pavement annually. Pavement repair work includes potholes, pavement failures, repairs from tree root damage and utility cuts, general street repairs throughout the City and preparation for slurry seal projects. Through the Fiscal Year 2010 -2011 budget process, $50,000 was budgeted for the J„ `4 annual expenditure of asphalt paving materials. Street Maintenance Division personnel drive a City dump truck to retrieve asphalt paving materials. There are three local vendors that supply the materials. All American Asphalt Blue Diamond Materials Vulcan Materials Location Westminster & Southgate Los Angeles Miles from City 27 5 &17 19 C -2 Asphalt Concrete/Ton $89.00 $69.00 $65.00 Pricing for asphalt paving materials is variable and dependent upon the oil and aggregate market. The pricing for asphalt concrete in the table above was based on a spot market quote on September 7, 2010. Staff recommends continuing the purchase or asphalt paving materials from Blue Diamond Materials, on a single- source basis, in an amount not to exceed $50,000 for the following reasons: 1. Closer proximity to City reduces staff driving time, fuel and liability 2. Availability of materials — two locations 3. Lowest overall cost when factoring in travel time costs and staff downtime 4. Reduced temperature loss from being transported shorter distances At this time, Blue Diamond Materials is the more reasonable choice based upon pricing, proximity and availability. Staff will continue to monitor asphalt concrete prices and return to Council if a change in vendors is warranted. Account Number: 001 - 400 - 4202 -5204 Library Baker and Taylor Baker and Taylor, the Library's leading supplier of books, music, books on CD, DVD's and other items, offers substantial savings up to 45% under retail cost. Appropriations are being requested for the following accounts: 001- 400 - 6104 -5501 Adult Materials $44,000 001- 400 - 6103 -5505 Youth Materials $15,000 001 - 400 - 6103 -5507 School Library Materials $ 2,000 Innovative Interfaces Inc. Innovative Interfaces Inc. provides maintenance of the Library's online network system for cataloging, circulation, patron access to materials, archive collections and administrative functions in the amount of $30,000. Account Number 001- 400 - 6104 -6215 Planning and Building Safety J. Lee Engineering J. Lee Engineering provides plan check and inspection consulting services for the Building and Safety Division. There services are utilized when workload exceeds the level that would preclude City staff from meeting customer service expectations. Amount $150,000 Account Number: 001 - 400 - 2403 -6214 JAS JAS provides plan check and inspection consulting services for the Building and Safety Division. There services are utilized when workload exceeds the level that would preclude City staff from meeting customer service expectations. Account Number: 001- 400 - 2403 -6214 Amount $25,000 On January 16, 2001 City Council approved Ordinance 1329 implementing the City's Standard Urban Water Mitigation Plan ( SUSWMP) of the California Regional Water Quality Control Board for the Los Angeles region. John L. Hunter and Associates, Inc. assists the Planning and Building Safety Department staff in implementing the ordinance by providing consulting services for SUSWMP plan check review, field inspection and staff training not to exceed $25,000. Account Number: 001 - 400 - 2403 -6214 Gary Bufldn Gary Bufkin provides computer programming services to maintain and make improvements to the multi - departmental permitting system (Muni - permits). The system currently serves Building and Safety, Planning, Public Works, Fire prevention, Police, Code enforcement and Recreation and Park. The multi - departmental permit system allows staff to track developmental projects as it goes through the plan check, permit and inspection process not to exceed $25,000. Account Number: 001 - 400 - 2403 -6214 Scanning Services Corporation Scanning Services Corporation scans and inputs data into the City's document imaging system. The department is no longer microfilming plans. All necessary documents are scanned and are available on the computer. The requested funds will allow staff to keep moving in this direction. Additionally, staff hopes to begin converting historical microfilm records for both the building and planning divisions to a digital format so that they are available on the computer for staff and eventually viewable by the public on the internet. The Building Division budget allocated $25,000 and the Planning Division budget allocated $10,000 not to exceed $35,000. r� do Account Number: 001- 400 - 2403 -6214 Amount $25,000 Account Number: 001 - 400 - 2402 -6214 Amount: $10,000 Willdan Engineering Services Willdan Engineering Services provides professional planning consulting and engineering services to the City. Willdan has provided a Senior Planner to supplement planning staffing when workload and specific planning development projects necessitate additional staffing. Additionally, the City occasionally needs professional engineering services related to development projects. The Planning Division anticipates using professional planning consulting services in fiscal year 2010 -11 for projects that will be developer funded, including but not limited to the Imperial School site project for the El Segundo School District and the completion of developer funded projects that are already underway. The Planning Division will also be using professional engineering consulting services in fiscal year 2010 -11 for issues related to the sale of the old Fire Station 2 property not to exceed $30,000. Account Number: 001- 400 - 2402 -6214 Human Resources US HealthWorks U.S. HealthWorks, a national provider of occupational medical healthcare, is the largest provider of workers' compensation/occupational medical services in the state of California and has over thirty facilities in Southern California including its El Segundo Facility, located at 390 N. Sepulveda Blvd., Suite 1000. U.S. HealthWorks provides an extremely cost effective method of delivery of pre - employment and occupational medical services, with a lower average case cost than other occupational medical providers. Other advantages of utilizing U.S. HealthWorks include: a) Initial injury treatment and regulated drug testing services are available 24 hours a day, 7 days a week. b) Provides cost effective appointments for pre - employment physicals, drug screens and follow -up injury treatments. c) Its location in E1 Segundo provides direct, easy access for our employees and its numerous Southern California facilities allows additional treatment options for our geographically dispersed employees. d) The El Segundo facility has both an on -site multi- specialty department (including orthopedics and neurology) and a Physical Therapy Department open Monday through Friday, 8:00 a.m. — 5:00 p.m. e) Parking is convenient, plentiful, and validated. f) If needed, U.S. HealthWorks provides free door -to -door transportation for employee's first injuries, at no charge. This will be the City's fourth year with U.S. HealthWorks. In addition to successfully implementing the City's new pre - employment drug testing and medical examination protocols, U.S. HealthWorks has provided a variety of medical protocols and services for El Segundo Police Department arrestees and coordinated the establishment of a Hepatitis A and B Vaccination Program for our aquatics and wastewater staff. The total cost for the year is not to exceed $45,000 ($15,000 for pre - employment medical services and protocols for the El Segundo Police Department and $30,000 for occupational injury and illness services.) Account Number: 001 - 400 - 2506 -6214 Westchester Medical Group/ Center for Heart and Health The City has a longstanding relationship with Westchester Medical Group /Center for Heart and Health to provide annual safety employees fitness for duty and executive physical examinations. This long standing physical examination program continues to meet or exceed staff's expectations. Westchester Medical Group /Center for Heart and Health is also distinguished by their extensive involvement with public sector clients. Together, with its June 2006 relocation from Los Angeles to El Segundo (360 N. Sepulveda Blvd., Suite 3000) and the significant expansion of its medical facility, the company has increased its accessibility and level of service to our employees. Westchester Medical Group /Center for Heart and Health also expanded its services last year by incorporating a respirator certification component to the Fitness for Duty Examinations. The annual employee Fitness for Duty Examinations are not to exceed $60,000 and Executive Physical Examinations are not to exceed $10,000, with a combined total not to exceed $70,000. Account Number: 001 - 400 - 2506 -6214 Police Department Society for the Prevention of Cruelty to Animals Los Angeles (SPCALA, The SPCALA provides animal sheltering services for the Police Department's Animal Control program. The SPCALA is utilized to shelter dogs, cats, wild animals, etc. that are captured, found or given to the Animal Control program. The City has contracted with the SPCALA for sheltering services since the Police Department took over all animal control functions not to exceed $28,200. Account Number: 001- 400 - 3108 -6206 Duncan Solutions Duncan Solutions provides a maintenance contract for the Police Department Traffic Division's Processing system. This system is utilized by parking personnel to issue parking citations. Duncan Solutions also provides a collection service for delinquent parking citations not to exceed $77,000. Account Number: 001- 400 - 3101 -6206 AT &T Connection Services AT &T Connection Services provides a link between Hawthorne Police / Tiburon and the Police Department's dispatch and records. These funds will provide necessary training on the integration, use, and maintenance of programs such as CHEERS and digital booking. In addition, AT &T provides a connection between Hawthorne Police / Tiburon and the Police r� Department's mobile data computer (MDC) package. The requested funds are necessary to equip, integrate, maintain, operate and upgrade the systems not to exceed $39,400. Account Number: 001 - 400 - 3107 -6278 Fire Department Bound Tree Medical, Inc. The El Segundo Fire Department has been purchasing and storing paramedic medical supplies since 1998 as mandated by the County of Los Angeles, Emergency Medical Services Agency. For seven years, the Fire Department utilized Bound Tree for paramedic medical supplies through a piggyback on an existing competitively bid award. In 2005, staff recommended a change in vendors due to supply availability issues and billing problems. Since that time, Bound Tree has significantly improved its service and has streamlined their ordering process which is integrated with the Department's internal process. In addition to favorable pricing and timely deliveries, Bound Tree has since expanded their inventory and offers a full range of pharmaceutical supplies which allows the Fire Department to consolidate these types of purchases and receive better pricing with a single vendor. The El Segundo Fire Department recommends that the City Council waive the formal bidding process per El Segundo Municipal Code §1 -7 -10 to purchase medical and pharmaceutical supplies, and piggyback on the formal, competitive bid used by the City of Berkeley. Account Number: 001-400-3203-5204 Amount:$26,000. UCLA The UCLA Center for Pre - Hospital Care provides education services to the El Segundo Fire Department, through continuing educational services by Evelyn Riley, M.Ed., R.N., M.I.C.N., who has worked with the department for over 13 years. Ms. Riley conducts continuing education with staff in pre - hospital and emergency medicine to maintain certification and licensure as EMT -Basic or EMT - Paramedic (collectively referred to as "CE" Programs "), primary education to obtain licensure as an EMT - Defibrillation ( "EMT -D ") Provider, and provide quality improvement services to maintain or enhance the quality of patient care (referred to as "QI Services "). The Fire Department also has automatic external defibrillators (AEDs) in service which require that personnel who operate this equipment must be trained and certified as Emergency Medical Technician - Defibrillation (EMT -D). In addition, the citywide AED program requires employee training and oversight, and these fees have been absorbed into the existing Fire Department fees. The El Segundo Fire Department recommends the authorization of a blanket purchase order to the UCLA Center for Pre - Hospital Care for FY 10 -11 to enable the Fire Department to continue to receive the services provided by UCLA. Account Number: 001- 400 - 3202 -6223 and 331 -400- 3202 -6214 Amount: $32,600. City Manager Shannon David Authorize the City Manager to execute a contract amendment and /or purchase order with Shannon David, Inc. for professional services with the City's business recruitment and marketing, program, as approved to form by the City Attorney, not to exceed $40,000. Account Number: 001- 400 - 2101 -6214 Tyler Technologies Eden Financial Management System The City utilizes Tyler Technologies financial software to manage the City's General Ledger, Accounts Receivable, Accounts Payable, Payroll, and Human Resources. This item is for annual licensing, maintenance, and support of these systems. The total cost will not exceed $35,000. Account Number: 001- 400 - 2506 -6217 Finance All Cities Management Company On September 16, 2008, City Council approved an appropriation for ESUED crossing guard services under Special Orders of Business, Item a6 f 5364 hours. The The 08-209 ontract is expected to be This contract includes 6 crossing guards for a to renewed year to year as long as ALMS performance ntract is not to exceed $80,000. AccoDunt expectations. The annual cost of funding service Number: 001- 400 - 2901 -6405 n ^� EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2010 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding authorizing the recording of the Notice of Completion and authorizing the City Manager to accept completion of work for 24 homes related to the City's Residential Sound Insulation Program's Group 39 (Project No. RSI 10 -01). (Final Contract Amount: $716,741.00) RECOMMENDED COUNCIL ACTION: 1. Authorize the City Clerk to file the City's Planning and Building Safety Director's Notice of Completion in the County Recorder's Office; 2. Authorize the City Manager, or designee, to closeout Project No. RSI 10 -01; and /or 3. Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: List of homes included in Groups 39 Planning and Building Safety Director's Notice of Completion FISCAL IMPACT: Included in Adopted Budget Amounts Budgeted: $789,580 Additional Appropriation: N/A Account Number(s): 116 - 400 - 0000 -8960 ORIGINATED BY: James S. O'Neill, Program Manenand REVIEWED BY: Greg Carpenter, Director Ma Build ing Safety APPROVED BY: Jack Wayt, City Manage BACKGROUND AND DISCUSSION: This project is part of the City's Residential Sound Insulation (RSI) Program financed by federal grants from the Federal Aviation Administration (FAA) and the settlement agreement with Los Angeles World Airports (LAWA). The RSI Program offers modifications to owners of qualifying residential property in the City of El Segundo that reduce interior sound levels of noise generated by air traffic from neighboring Los Angeles International Airport (LAX). At its meeting on February 16, 2010 the City Council awarded a construction contract to Big West Construction Corporation (Big West) for construction at 24 homes, commonly referred to as Group 39 of the RSI Program. The work has now been completed and the final contract amount is $716,741.00. s 221 Exhibit A Residential Sound Insulation Program Group 39 RSI Number Project Address 39.01 948 Loma Vista Street 39.02 803 Virginia Street 39.03 908 Sheldon Street 39.04 319 East Sycamore Avenue 39.05 630 West Sycamore Avenue 39.06 949 Sheldon Street (Front) 39.07 949 Sheldon Street (Rear) 39.08 919 Main Street, Unit 101 39.09 919 Main Street, Unit 201 39.10 919 Main Street, Unit 102 39.11 919 Main Street, Unit 202 39.12 919 Main Street, Unit 103 39.13 919 Main Street, Unit 203 39.14 919 Main Street, Unit 204 39.15 919 Main Street, Unit 104 39.16 919 Main Street, Unit 205 39.17 919 Main Street, Unit 206 39.18 919 Main Street, Unit 105 39.19 919 Main Street, Unit 207 39.20 919 Main Street, Unit 208 39.21 919 Main Street, Unit 209 39.22 919 Main Street, Unit 106 39.23 919 Main Street, Unit 210 39.24 919 Main Street, Unit 211 Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name: Residential Sound Insulation Program — Group 39 Project No.: RSI 10 -01 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that: The undersigned is an officer of the owner of interest stated below in the property hereinafter described. 2. The project owner's name is: City of El Segundo 3. The full addresses of the project are: attached as Exhibit A and incorporated by reference 4. The nature of the interest of the owner is: 5. A work of improvement on the property hereinafter described was field reviewed by City representatives on: see attached Exhibit A 6. The work done was: Residential Sound Insulation Program Improvements On September 21, 2010, City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder. 8. The name of the Contractor for such work of improvement was: Big West Construction Corporation 9. The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows: Private Residence(s) listed in Exhibit A 10. The street address of said properties are: set forth in Exhibit A Dated: Greg Carpenter Planning and Building Safety Director VERIFICATION I, the undersigned, say: I am the Director of Planning and Building Safety of the City El Segundo, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on at El Segundo, California. Greg Carpenter Planning and Building Safety Director Notice of Completion 0 EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2010 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding authorizing the recording of the Notice of Completion and authorizing the City Manager to accept completion of work for 20 homes related to the City's Residential Sound Insulation Program's Group 40 (Project No. RSI 10 -02). (Final Contract Amount: $539,165.14) RECOMMENDED COUNCIL ACTION: 1. Authorize the City Clerk to file the City's Planning and Building Safety Director's Notice of Completion in the County Recorder's Office; 2. Authorize the City Manager, or designee, to close out Project No. RSI 10 -02; and /or 3. Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: List of homes included in Groups 40 Planning and Building Safety Director's Notice of Completion FISCAL IMPACT: Included in Adopted Budget Amounts Budgeted: $581,076 Additional Appropriation: N/A Account Number(s): 116 - 400 - 0000 -8960 ORIGINATED BY: James S. O'Neill, Program Manage REVIEWED BY: Greg Carpenter, Director la n d Building Safety - APPROVED BY: Jack Wayt, City Manager BACKGROUND AND DISCUSSION: This project is part of the City's Residential Sound Insulation (RSI) Program financed by federal grants from the Federal Aviation Administration (FAA) and the settlement agreement with Los Angeles World Airports (LAWA). The RSI Program offers modifications to owners of qualifying residential property in the City of El Segundo that reduce interior sound levels of noise generated by air traffic from neighboring Los Angeles International Airport (LAX). At its meeting on February 16, 2010 the City Council awarded a construction contract to G &G Specialty Contractors, Inc. for construction at 20 homes, commonly referred to as Group 40 of the RSI Program. The work has now been completed and the final contract amount is $539,165.14. 9 224 Exhibit A Residential Sound Insulation Program Group 40 RSI Number Project Address 40.01 958 Eucalyptus Drive 40.02 1101 East Acacia Avenue 40.03 804 McCarthy Court 40.04 1203 East Acacia Avenue 40.05 849 Sheldon Street 40.06 933 Sheldon Street 40.07 741 Loma Vista Street 40.08 1217 East Acacia Avenue 40.09 920 Lomita Street 40.10 1038 East Imperial Avenue, Unit A 40.11 1038 East Imperial Avenue, Unit B 40.12 1038 East Imperial Avenue, Unit C 40.13 615 West Oak Avenue 40.14 1038 East Imperial Avenue, Unit D 40.15 1038 East Imperial Avenue, Unit E 40.16 1038 East Imperial Avenue, Unit F 40.17 947 McCarthy Court, Unit 1 40.18 947 McCarthy Court, Unit 2 40.19 947 McCarthy Court, Unit 3 40.20 947 McCarthy Court, Unit 4 2 2 �� Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street EI Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name: Residential Sound Insulation Program — Group 40 Project No.: RSI 10 -02 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that: The undersigned is an officer of the owner of interest stated below in the property hereinafter described. 2. The project owner's name is: City of El Segundo 3. The full addresses of the project are: attached as Exhibit A and incorporated by reference 4. The nature of the interest of the owner is: 5. A work of improvement on the property hereinafter described was field reviewed by City representatives on: see attached Exhibit A 6. The work done was: Residential Sound Insulation Program Improvements 7. On September 21, 2010, City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder. 8. The name of the Contractor for such work of improvement was: G &G Specialty Contractors, Inc. 9. The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows: Private Residence(s) listed in Exhibit A 10. The street address of said properties are: set forth in Exhibit A Dated: Greg Carpenter Planning and Building Safety Director VERIFICATION 1, the undersigned, say: I am the Director of Planning and Building Safety of the City El Segundo, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on at El Segundo, California. Greg Carpenter Planning and Building Safety Director r) ` Notice of Completion � C 1 EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2010 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to adopt a Joint Tax Sharing Resolution for the proposed Annexation No. 05 -55 into Los Angeles County Sanitation District No. 5. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Adopt the resolution and authorize the City Manager to execute the Joint Tax Resolution with Los Angeles County Sanitation District No. 5. 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Joint Resolution of the Los Angeles County Board of Supervior Map of the Proposed Annexation FISCAL IMPACT: None Amount Requested: $ Additional Appropriation: No Account Number(s): ORIGINATED BY: REVIEWED BY: APPROVED BY: Maryam M. Jonas, Princi Stephanie Katsoleas, Pub Jack Wayt, City Manage] BACKGROUND AND DISCUSSION: Engineer 0� Works Directo The property owners within Annexation No. 05 -55 are requesting to receive off -site disposal of sewage for their property. Before the service can be provided, the property must be annexed into Los Angeles County Sanitation District No. 5. The annexation process requires that a resolution for property tax revenue exchange be adopted by all of the affected local agencies before the County of Los Angeles can approve the annexation. The law requires that the local governing body approve, by resolution, the amount of the annual tax increment to be transferred to the special district to pay the additional services. The sharing of the property tax increment with the Sanitation District, as a result of the annexation, will not result in a loss of tax revenue that the City currently receives from the property. 10 2z7 JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES ACTING IN BEHALF OF Los Angeles County General Fund Los Angeles County Flood Control THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 5 OF LOS ANGELES COUNTY, AND THE GOVERNING BODIES OF Los Angeles County West Vector Control District City of El Segundo Water Replenishment District of Southern California APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION TO COUNTY SANITATION DISTRICT NO. 5. "ANNEXATION NO. 55" WHEREAS, pursuant to Section 99 and 99.01 of the Revenue and Taxation Code, prior to the effective date of any jurisdictional change which will result in a special district providing a new service, the governing bodies of all local agencies that receive an apportionment of the property tax from the area must determine the amount of property tax revenues from the annual tax increment to be exchanged between the affected agencies and approve and accept the negotiated exchange of property tax revenues by resolution; and WHEREAS, the governing bodies of the agencies signatory hereto have made determinations of the amount of property tax revenues from the annual tax increments to be exchanged as a result of the annexation to County Sanitation District No. 5 entitled Annexation No. 55; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The negotiated exchange of property tax revenues resulting from the annexation of territory to County Sanitation District No. 5 in the annexation entitled Annexation No. 55 is approved and accepted. 2. For each fiscal year commencing on and after July 1, 2010, or after the effective date of this jurisdictional change, whichever is later, the County Auditor shall transfer to County Sanitation District No. 5 a total of 0.5537356 percent of the annual tax increment attributable to the land area encompassed within Annexation No. 55 as shown on the attached Worksheet. s 3. No additional transfer of property tax revenues shall be made from any other taxing agencies to County Sanitation District No. 5 as a result of annexation entitled Annexation No. 55. 4. No transfer of property tax increments from properties within a community redevelopment project, which are legally committed to a Community Redevelopment Agency, shall be made during the period that such tax increment is legally committed for repayment of the redevelopment project costs. 5. If at any time after the effective date of this resolution, the calculations used herein to determine initial property tax transfers or the data used to perform those calculations are found to be incorrect thus producing an improper or inaccurate property tax transfer, the property tax transfer shall be recalculated and the corrected transfer shall be implemented for the next fiscal year, and any amounts of property tax received in excess of that which is proper shall be refunded to the appropriate agency. The foregoing resolution was adopted by the Board of Supervisors of the County of Los Angeles, the Board of Directors of County Sanitation District No. 5 of Los Angeles County, and the governing bodies of Los Angeles County West Vector Control District, City of El Segundo, and Water Replenishment District of Southern California, signatory hereto. ATTEST: Secretary CITY OF EL SEGUNDO SIGNATURE PRINT NAME AND TITLE Date (SIGNED IN COUNTERPART) 249 L v PR �� O v z. OPO' fir,: E OE • z E Z w. N W lA N .. IA I pM Z OZ 14, L4 LL W N aAlG YO3A111d35 S ? ° Z i 0 o Q 0 v f N ••♦ Air :� � �} ¥� ••♦ � \�• H <•••" ° °nag �1t � ��u��9 ��• \` • ♦ I � m gas M, Le h M O (q r\ X11 � i WY ir i on CY � ♦ � +Y ,£9'SZ9 3 •9Z,Z0.00 N (91) .. co O L • (/� ask Ln 40 +o m nT 3+ z + { h zo a IXD •1 �� n ? � d- � 4 x c ¢ \ � O t C •� � �\ fi .:y t1 r5a, € �� • T X � • r w s N °x C o L i In O N 4n z w I in * + • 01 oz m N I � m i S V y 19.06Z t a t L. 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(Fiscal Impact: $100,065 revenue to the Water Enterprise Fund) RECOMMENDED COUNCIL ACTION: 1. Authorize the Mayor to execute a lease with the City of Manhattan Beach in a form approved by the City Attorney. 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Proposed Water Right Lease Agreement FISCAL IMPACT: None Amount Budgeted: $0 Additional Appropriation: N/A Account Number(s): ,✓ ORIGINATED BY: Stephanie Katsouleas, Director of Public Works s REVIEWED BY: APPROVED BY: Mark Hensley, City Jack Wayt, City Ma BACKGROUND AND DISCUSSION: The City of E1 Segundo has adjudicated ground water rights to pump 953 acre -ft of ground water each year from the West Coast Basin aquifer, although it has no ability exercise those annual pumping rights. However, El Segundo can and does lease its rights to other jurisdictions who have the ability to pump, typically by auctioning off its allocation to the highest bidder. Last year, Manhattan Beach won the bid at $105 per acre -ft. A water year runs from July 1 to June 30 each year This year, staff recommends that its 953 ac -ft of groundwater allocation be sole- source leased to Manhattan Beach due to the unique interconnection between our two water systems and the "allocation' assistance Manhattan Beach has agreed to provide us in light of our over- consumption issues (now under investigation). By way of background: • During the 2009/10 water year, El Segundo exceeded its potable water allocation by more than 2500 acre -ft. In February 2011, staff will conclude an experiment to assess whether the excess is structural or actual consumption. The findings will then be presented to 1 1 233 West Basin, at which time West Basin's board will consider what penalties, if any, should be levied against El Segundo for the over - consumption. • Staff felt that until we could fully assess our over - consumption problem, a conservative approach to avoid penalties in the 2010/11 water year would be to secure additional imported water by "trading" with another agency some imported water allocation for El Segundo's pumping rights. The natural fit for this trade is Manhattan Beach due to the interconnection between our two systems and our close working relationship. Staff proposed this trade concept to Manhattan Beach as a win -win for each City — E1 Segundo would be guaranteed additional imported water resources (if needed) to avoid penalties, while Manhattan Beach would be guaranteed additional pumping rights to help offset the increased cost of purchasing imported potable water. • El Segundo does have water interconnects with the City of Los Angeles and California Water Service Co., but does not have direct relationships with staff at those agencies to quickly enter discussions regarding trading pumping rights and imported water allocations. 234 WATER RIGHT LICENSE AND AGREEMENT (West Coast Basin) For valuable consideration, the City of El Segundo hereby grants to the City of Manhattan Beach a license to extract 953 acre -feet of licensor's Adjudicated Right allocated to licensor (or predecessors in interest) pursuant to Judgment dated August 19, 1961, and entered in Los Angeles Superior Court Case No. 506806 entitled "California Water Service Company, et al. vs. City of Compton, et al." during the period commencing July 1, 2010 and continuing to and including June 30, 2011 for the amount of $100,065.00. Said License is granted, subject to the following conditions: (1) Licensee shall exercise said right and extract the same on behalf of the City of El Segundo during the period above specified and put the same to beneficial use and licensee shall not be the exercise hereunder of said right acquire any right to extract water independent of the rights of licensor. (2) Licensee shall pay assessments levied on the pumping of said ground water by the Central and West Basin Water Replenishment District. (3) Licensee shall notify the District and Watermaster that said pumping was done pursuant to this license and provide the Watermaster with a copy of the document. (4) Licensee shall note in any recording of water production for the period of agreement that said pumping was done pursuant to this license. (5) Licensee's Adjudicated Right shall be increased by the amount hereby licensed when computing carryover or allowable over extraction as provided by Paragraph V in said Judgment. (6) Licensee acquires hereunder pumping rights only and should be responsible to provide the means and location to eff ect said pumping itself and shall bear the cost of said pumping. The City of El Segundo warrants that it has 953 acre -ft of Adjudicated Right and it has not pumped and will not pump or permit or license any other person to pump any part of said 954 acre -ft during the period of July 1, 2010 through June 30, 2011. Licensor: CITY OF EL SEGUNDO By: Title: ATTESTED: Cindy Mortensen City Clerk (SEAL) APPROVED AS TO FORM: City Attorney Licensee: By: Title: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Date: EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2010 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to award a standard Public Works Contract to the lowest responsible bidder, Silvia Construction, Inc., for the rehabilitation of Grand Avenue from Sepulveda Boulevard to Duley Road. Project No.: PW 10 -03 (Fiscal Impact: $365,000.00) RECOMMENDED COUNCIL ACTION: 1. Authorize the City Manager to execute a standard Public Works Contract in a form as approved by the City Attorney with Silvia Construction, Inc., in the amount of $345,873.70 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Location Map FISCAL IMPACT: Included in Adopted Budget Amount Requested: $365,000.00 Additional Appropriation: No Account Number(s): 301 - 400 - 8203 -8952 ORIGINATED BY: Maryam M. Jonas, Principal Engineer '�'^� REVIEWED BY: Stephanie Katsouleas, Public Works Dina APPROVED BY: Jack Wayt, City Manage %Nr� BACKGROUND AND DISCUSSION: On July 20, 2010, the City Council approved plans and authorized staff to advertise the project for the Pavement Rehabilitation of Grand Avenue Project. On August 31, 2010, the City Clerk received and opened seven (7) bids as follows: 1. Silvia Construction, Inc. $345,873.70 2. Sully Miller Contracting Co $347,467.72 3. All American Asphalt $349,402.98 4. Sequel Contractors, Inc. $357,175.39 5. Excel Paving Company $359,333.00 6. GR Eng. Inc. $413,579.86 7. United Paving Company $430,747.00 The pavement rehabilitation of Grand Avenue project includes grinding of existing pavement and installation of two -inch Rubberized Asphalt Concrete (RAC). RAC is a "green" product in -12 239 that it utilizes recycle tires as part of its aggregate. It has a longer life cycle and sound deadening properties. This project is fully funded through a $400,000 grant allocation from State Proposition 113. Staff recommends awarding the contract to the lowest responsible bidder, Silvia Construction, Inc., in the amount of $345,873.70. The total amount ($365,000.00) requested includes the contract amount and an additional $19,126.30 for construction related contingencies. Silvia Construction, Inc., references verified successful experience with similar projects and they have completed projects for the City in the past. 237 J�, -------------- - -r� Lj OA19NOUVIAV iswienoo - -_ _ _ _�__ _ -�- 1�� __ -�C��- Zs - C - � C�r� C -- Z- o >0 Z w L LLI Q Zi U) 0 z U. 0W IL No 0 0 LO z a I C* J _ N � Q r 0 cc ame vomindas > --------------- ----- ------- --- - -- ------------ -- W �e UJ 00 Im o L) Co 0 WM < 0 E-1 FJ F-I cc w a� CL z w M CL 0 EFE--mILN W W Cc cn w pill d� IL F- ------- FIF-IRIL-flEl ---- 71 F-I 11 - - ---- LL EI 11 E] 0 H F i F -- --d I —Vv q, F- E C El El c ��C __ -1 A J]OHF7� —�P=--dF-7 ---- LL rai:ll] 0 -- ----- ---- _._C EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2010 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to extend the City's agreement with MWW Group through September 30, 2011, for consultant and advocacy services related to the City's interests and efforts concerning Los Angeles International Airport. (Fiscal Impact: $78,300) RECOMMENDED COUNCIL ACTION: 1. Authorize the Mayor to execute the attached agreement with the MWW Group; 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Agreement between MWW Group and the City of El Segundo FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $78,300 Additional Appropriation: N/A Account Number(s): 01- 400 - 2901 -6406 ORIGINATED BY: Bill Cro sistant City REVIEWED BY: APPROVED BY: Jack Wayt, City Manager BACKGROUND AND DISCUSSION: The City's current agreement with the MWW Group expires on September 30, 2010. Over recent years, the MWW Group has served as an advisor and advocate for the City regarding issues relating to Los Angeles World Airports (LAWA) and Los Angeles International Airport (LAX). MWW Group has worked with elected and appointed officials of the City of Los Angeles advocating El Segundo's position with regard to the implementation of the Settlement Agreement with LAWA and safety and operational improvements to the north airfield complex. During the coming year, MWW Group also proposes to work with all parties on addressing concerns over runway selection and early turns on the South Airfield, as well as, to continue advocating that the City of Los Angeles make good on its commitments to "regionalize" air service. Additionally, MWW Group will continue to represent the City's transportation interests as they relate to the Green Line extension, Crenshaw Transit Corridor and Harbor Subdivision projects. Staff is recommending an extension of the current agreement at a funding level of $78,300; a reduction of $6,525 from FY 2009 -2010. 13 239 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 1St day of October, 2010, between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and MWW Group hereinafter referred to as "Consultant ". This Agreement shall be in full force and effect through September 30, 2011, unless extended by mutual agreement of City and Consultant. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit "A" "SCOPE OF SERVICES" and made a part hereof. Consultant represents and warrants that it has the qualifications, experience and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law, including, but not limited to, a valid El Segundo Business License. Consultants shall begin its services under this Agreement on October 1, 2010. Consultant shall complete each of the services set forth in Exhibit A to the City's satisfaction. If the City is not satisfied with any such services, the Consultant shall work on such matter until the City approves of the service. Further, Consultant shall complete the services set forth in Exhibit A strictly according to the schedule provided therein. Additionally, Consultant shall provide the services specified in Exhibit A in compliance with the following conditions: All work performed by Consultant shall be directed through the City Manager or designee; all work requested of Consultant by the City shall be directed by the City Manager or designee; consultant shall submit periodic reports of work product and progress on stated goals outlined in Exhibit A to the City Manager not less frequently than once each month. 2. STATUS OF CONSULTANT. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant shall not disseminate any information or reports gathered or �'4C1 created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement. 3. CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall observe and comply with all such laws and regulations affecting its employees. City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section. Without limiting the foregoing, Consultant shall not expend any funds in violation of: California Constitution, Article 16, Section 6; Government Code, Section 81000 et. seq. ( "Political Reform Act "); or any other federal or state law governing the expenditure of public funds. Consultant shall be solely responsible for submittal of all documents, forms and other information that may be required by all applicable agencies as a result Contractor's performing the services specified in this Agreement. 4. PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder and shall obtain the approval of the City Manager of all proposed staff members performing services under this Agreement prior to any such performance. 5. COMPENSATION AND METHOD OF PAYMENT. Compensation to the Consultant shall be paid as a fixed monthly retainer not to exceed six thousand five hundred and twenty -five dollars ($6,520) per month. Payments shall be made in approximately thirty (30) days after receipt of each invoice as to all non - disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant in 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein or listed in Exhibit "A ", unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 7. ASSIGNMENT. All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with w 4 1. Consultant. Consultant shall not assign to any subcontractor the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of City Manager. 8. FACILITIES AND RECORDS. City agrees to provide: suitably equipped and furnished office space, public counter, telephone, and use of copying equipment and necessary office supplies for Consultant's on- site staff, if any. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 9. TERMINATION OF AGREEMENT. This Agreement shall expire on September 30, 2011, unless extended by mutual agreement of City and Consultant. The City upon 30 days written notice or 120 days by contractor written notice may terminate with or without cause this Agreement. In the event of such termination, Consultant shall be compensated for non - disputed fees under the terms of this Agreement up to the date of termination. 10. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement. 11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary 1 4 � computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 12. RELEASE OF INFORMATION /CONFLICTS OF INTEREST. A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act, Government Code. 6250, et seg. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. If Consultant or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and /or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. B. Consultant covenants that neither they nor any officer or principal of their firm has any interest in, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. 243 13. DEFAULT. In the event that Consultant is in default of any provision of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. 14. INDEMNIFICATION. Consultant agrees to the following: A. Indemnification for Professional Services. Consultant will save harmless and indemnify, including, without limitation, City's defense costs (including reasonable attorney's fees), from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by Consultant or any of Consultant's officers, agents, employees, or representatives, in the performance of this Agreement. B. Indemnification for other Damages. Consultant indemnifies and holds City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance. Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, Consultant will defend City (at City's request and with counsel satisfactory to City) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. C. For purposes of this section "City' includes City's officers, officials, employees, agents, representatives, and certified volunteers. D. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. E. The requirements as to the types and limits of insurance coverage to be maintained by Consultant as required by this Agreement, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Consultant pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. F. Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Consultant, and City relies upon the skills and knowledge of Consultant. Consultant shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California. w44 G. Consultant is an independent contractor and shall have no authority to bind City nor to create or incur any obligation on behalf of or liability against City, whether by contract or otherwise, unless such authority is expressly conferred under this agreement or is otherwise expressly conferred in writing by City. CONSULTANT HAS READ THIS SECTION 14 IN ITS ENTIRETY AND KNOWINGLY AND WILLINGLY ACCEPTS THE OBLIGATIONS CONTAINED HEREIN. 15. INSURANCE. A. Insurance Requirements. Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance: (a) Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (ii) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (iii) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement. (Not needed if Self- employed with no employees.) (iv) Errors and omissions liability insurance appropriate to the Consultant's profession. (b) Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than: (i) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the Ca r` 44,J general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Including owned, non - owned and hired vehicles for bodily injury and property damage with (See cover letter (page 1) for actual dollar level Requirements): ❑ At least $1,000,000 per occurrence. ❑ $100,000 - $300,000 per occurrence. ❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company. (iii) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. (iv) Errors and Omissions or Malpractice or Professional Liability: At least $1,000,000 per occurrence. B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: (a) All Policies. Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City. (b) General Liability and Automobile Liability Coveracies. (i) City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs, products and completed operations of Consultant; premises owned, occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees. 24 (ii) Consultant's insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, Consultant's insurance. (iii) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (c) Workers' Compensation and Employer's Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City. C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. (a) Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides. (b) Any deductibles or self - insured retentions must be declared to and approved by City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. 247 (c) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. 16. ENTIRE AGREEMENT. This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the Los Angeles County Superior Court. 18. ASSIGNMENT OR SUBSTITUTION. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this Agreement. In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. 18. MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. 20. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he /she /they has /have the authority to execute this Agreement on behalf of his /her /their corporation and warrants and represents that he /she /they has /have the authority to bind Consultant to the performance of its obligations hereunder. 21. NOTICES. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such 22 4 8 party deposited in the custody of the United States Postal Service addressed as follows: City Jack Wayt City of El Segundo 350 Main Street El Segundo, California 90245 -3895 Telephone (310) 524 -2301 Facsimile (310) 322 -7137 Consultant: Coby King MWW Group 660 South Figueroa Street, Suite 1400 Los Angeles, CA 90017 Telephone (213) 486 -6560 Facsimile (213) 486 -6501 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. 22. SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. Company Name: MWW Group By Title CITY OF EL SEGUNDO Mayor n� ATTEST: Cindy Mortesen City Clerk APPROVED AS TO FORM: Mark D. Hensley City Attorney n��1 EXHIBIT A SCOPE OF WORK MWW Group proposes to provide public relations and public affairs representation services to the City of El Segundo. MWW Group will serve the City of El Segundo as its advisor and advocate for the City regarding issues relating to Los Angeles World Airports (LAWA) and Los Angeles International Airport (LAX) and regarding transportation issues relating to the Metropolitan Transportation Authority. MWW Group will worked with elected and appointed officials of the City of Los Angeles advocating El Segundo's position with regard to the implementation of the Settlement Agreement with LAWA and safety and operational improvements related to the north airfield complex. MWW Group will work with all parties on addressing concerns over runway selection and early turns on the South Airfield, as well as, providing advocacy to ensure that the City of Los Angeles make good on its commitments to "regionalize" air service at its Ontario Airport. MWW Group will represent the City's transportation interests, particularly as they relate to the Green Line extension, Crenshaw Transit Corridor, Harbor Subdivision and other South Bay transportation projects. MWW Group will perform the aforementioned services for a fixed monthly retainer not to exceed six thousand five hundred and twenty -five dollars ($6,520) per month. 25 i EL SEGUNDO CITY COUNCIL MEETING DATE: Sept. 21, 2010 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding salary and benefit concessions by the City's unrepresented group of Management/Confidential employees. Fiscal Impact: Savings of $541,487 for Executive Management, Mid- Management/Confidential Employees. Savings of $48,945 for Public Safety Management Employees. RECOMMENDED COUNCIL ACTION: 1. Approve the following for Fiscal Year 2010/2011: • Eight (8) hours, or more if determined necessary, of unpaid furlough hours per month. • Suspension of the City's five percent (5 %) matching contribution to the employee's 401(a) deferred compensation account. • Suspension of the employee's ability to cash in up to one year of accumulated vacation leave. • Suspension of the cap on the maximum allowable amount of accumulated vacation leave. • Sell back a portion of Battalion Chief Holiday Pay. 2. Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: None. FISCAL IMPACT: Total Fiscal Impact: Savings of $541,487 for Executive Management, Mid - Management /Confidential Employees. Savings of $48,945 for Public Safety Management Employees. Amount Budgeted: Additional Appropriation: None Account Number(s): ORIGINATED BY: Martha Dijks'[iif �% , uinan Resources Manager REVIEWED BY: Bob Hyland, Human Res Director APPROVED BY: Jack Wayt, City Man er BACKGROUND AND DISCUSSION Based on Council direction, members of the Management /Confidential Group began discussing ways to address the City's budget shortfall for the current fiscal year and FY 2010 -2011. In order to meet the five percent (5 %) concession requested by Council for the current fiscal year, employees elected to take one furlough day in August and a second furlough day in September. To prepare for this, the Finance Department implemented changes to its financial/payroll system to track the number of furlough days taken and implement the necessary wage deductions. The Management /Confidential group met on August 25, 2010 and September 8, 2010 to further discuss options available to meet the required concessions for FY 2010 -2011. A consensus was reached to suspend the City's 401(a) match and continue furloughs. Battalion Chiefs will sell back a portion of their Holiday Pay r ►s =: in addition to suspending their 401(a) match. This combination of options will achieve the required savings. Additionally, the vacation leave cash -out option will be suspended through the end of FY 2010 -2011 and the vacation accrual cap will be lifted for this same period. A discussion was held regarding the impact furloughs have on a management employee's exempt status under the Fair Labor Standards Act (FLSA). Employees were informed that when a budget - required furlough is imposed, employees classified as "exempt" lose their exempt status during the week in which there is a furlough. What this means is that the City would have to pay the employee straight time for hours worked beyond their scheduled hours for that week, and overtime at one and a half times their regular rate for any hours worked over forty (40) in that week. Employees were advised to work with their Department Heads when scheduling furlough days to ensure overtime is not incurred during a furlough week. Employees were also instructed to secure prior Department Head approval if overtime will be required in a particular workweek. -2- 2"" 1). EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2010 AGENDA STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action to adopt a resolution authorizing City staff to participate in the South Bay Regional Bicycle Master Plan in conjunction with the Los Angeles County Bicycle Coalition and South Bay Bicycle Coalition, and appoint one Council Member and an alternate to participate in a Blue Ribbon Bicycle Advisory Board (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Authorize City staff to participate in the in the South Bay Regional Bicycle Master Plan in conjunction with the Los Angeles County Bicycle Coalition and South Bay Bicycle Coalition. 2. Appoint one Council Member and an alternate to participate in a Blue Ribbon Bicycle Advisory Board. 3. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Overview of Project Initiative (for El Segundo) Resolution FISCAL IMPACT: None Amount Budgeted: $ Additional Appropriation: N/A Account Number(s): ORIGINATED BY: Stephanie Katsouleas, D ector of Public Works REVIEWED BY: Greg Carpenter, Director Planning and Building Safety APPROVED BY: Jack Wayt, City Manager BACKGROUND AND DISCUSSION: In March, 2010 the Los Angeles County Bicycle Coalition received a grant through the American Recovery and Reinvestment Act of 20091 to create a South Bay Master Bike Plan in conjunction with seven South Bay cities, including El Segundo. Per grant requirements, city councils must adopt a resolution committing minimal staff time to the project for a period of approximately two years. The designated staff person can expect to spend about 5% of his /her time on the project as it relates to relevant scope of work activities. The Scope also calls for I One initiative of the 2009 ARRA is to address obesity, physical inactivity and poor nutrition. The County of Los Angeles received approximately $1,125,000 toward this initiative. 15 254 appointing one councilmember and an alternate to participate in a Blue Ribbon Bicycle Advisory Board. No additional resource commitment is required by El Segundo. The goals of this project are to: 1) create a create master plan that regionally connects the cities of Redondo Beach, Torrance, Hermosa Beach, Manhattan Beach, El Segundo, Gardena and Lawndale via a bicycle network, and 2) encourage the allocation of transportation and /or CIP funds to pedestrian and bicycle projects as they become available. As the lead agency, Redondo Beach is the primary facilitator of grant activities and has already hired an initiative coordinator to begin implementation of the project scope of work. The final report is expected in 2012 and will include signage plans, bikeway policies, and bike routes throughout the South Bay. JOUTH SAY SOUTH BAY BICYCLE MASTER PLAN The Grant In March of 2010 the South Bay Bicycle Coalition (a chapter of Los Angeles County Bicycle Coalition) received a grant to create a South Bay Master Bike Plan with seven cities who supported the grant application. This program, administered by the Department of Public Health, provides $240,000 to initiate policies and programs that will improve community health, primarily targeting childhood obesity. The grant is funded at the Federal level by U.S. Health and Human Services (HHS) and the Centers of Disease Control and Prevention (CDC). The South Bay Bikeways Initiative The grant allows the SBBC to coordinate seven cities in the adoption of a bike master plan on a regional scale. The seven cities which supported participation in the grant are Redondo Beach, Hermosa Beach, Manhattan Beach, Torrance, El Segundo, Lawndale and Gardena. This August, SBBC is hiring a bicycle planning consulting firm and will officially kick -off the planning and outreach efforts across the South Bay. The efforts will include community outreach and collaboration with City staff and elected officials. The initiative will focus on the interconnectivity of South Bay cities by refreshing existing bike plans with modern studies and a bias towards safe, feasible, and low cost implementation. This planning and approval process will extend through 2012. The resulting document will include signage plans, bikeway policies and bike routes throughout the South Bay. Infrastructure improvements will come in many forms; some may be fully dedicated bike paths, others may be the simple addition of a bike lane or the new concept of sharrows on a road (see picture at right), while some areas may require only prominent signage for existing bikeways. Cost - effective implementations with minimal affects to vehicular right -of -ways will be prioritized in the early phases. The resulting document will improve community health and bike safety, while simultaneously providing an opportunity to increase bike ridership and enforce bike safety. The master plan will enable the involved cities to apply for funding at the regional, state and federal levels. 456 Statistics Worth Considering El Segundo, c. 2007. Childhood obesity rates are reported at approximately 13.4 %. Portland: A 40% increase in cycling is preceded by an expanded bike network. New York. Commuter cycling rises by 35916 after additional bike routes are provided. Childhood Obesity With active residents and environmentally - focused policy, El Segundo is one of the healthiest communities in Los Angeles County. However, the beach community still suffers from heightened rates of obesity. In 2007, it was reported that the prevalence of childhood obesity in El Segundo was approximately 13.4 %. Studies indicate increased rates of childhood obesity often correlate with a reduction in the number of children walking or biking to school. Providing safe bike routes to school and for families outings will help combat childhood obesity. Bike Safety and Education In addition to the health benefits resulting from increased bike infrastructure, there will also be additional safety benefits. One South Bay city recently reported that from 2004 to 2008, 66 bicyclists were involved in accidents, which only accounts for reported accidents. In the auto - centric culture of Los Angeles, it's important to educate both bicyclists and motorists on road - sharing safety and laws. Cities which have adopted widespread, prominent and consistent bicycle policies have experienced increased bicycle awareness and a safer more copacetic transportation environment. Bike Policy in Los Angeles County Many cities across Los Angeles County are currently engaged in various forms of bike planning and policy. Here are just a few: Santa Monica: The progressive coastal city has recently enacted a city- funded bike sharing program for City staff. The City also hosts a bike valet program at their weekly farmer's market and all City- sponsored events. It was estimated that the bike valet program parked over 22,000 bikes in 2009. Los Angeles: The City and County of Los Angeles have both drafted Bicycle Master Plans, which are still being revised. The City has pledged 5% of its transportation budget to go towards the plan specifically and 10% of their Measure R funds to bicycle and pedestrian- oriented projects. Additionally, 4th Street recently underwent a pilot phase as a bike boulevard and, along with Abbot Kinney in Venice Beach, was recently improved with a series of sharrows. Long Beach: The recent bike facility improvements in the City of Long Beach are considered to be the most successful in Southern California. Their improvements involve a "green" bike lane constructed with permeable materials, the general expansion of bike routes and the first bike boulevard in the County. X57 Existing Bikeways in E) Segundo The City of El Segundo is well positioned to continue catalyzing bike culture in the region. The map to the right shows the City's existing Bicycle Master Plan, as adopted through the Circulation Element in the General Plan. While this map provides a solid foundation for improved bicycle infrastructure, it does not make the City of EI Segundo eligible for over $1.2MM annual State funds available 7Master Plan for such projects. The South Bay Bikeways - -- Initiative would create such a grant eligible plan (per California Streets and Highways Code §891.2). What Is Required to Continue to Participate as a Member City? 47/ In order for the Initiative to be successful, the Department of Public Health, the grant administrator, has established the following requirements: 1) 2) 3) Designate a Council Member to participate in the Blue Ribbon Advisory Board; Swiftly implement measures approved by City Council as funding is available; Designate a City Liaison that will: Introduce the Initiative Director to key city staff (Planning, Public Works, Parks, etc.); a. b. C. d. e. f. Participate in City hearings; Assist in drafting Council memos, documents, code, etc. and in obtaining City approval for related documents and plans; Upon the request of the Initiative Director, review, give directions and provide feedback on draft documents in a timely fashion; Assist consultants on bicycle counts and field surveys as needed; Participate as a member of the Technical Advisory Board in the South Bay Bicycle Planning Roundtable on a monthly basis. 4) Encourage the City Council to reserve a portion of transportation or Capital Improvement funds towards pedestrian and bicycle projects, just as the City of LA recently did. The South Bay Bicycle Coalition recommend 3 -5% of transportation funds be dedicated to alternative transportation plans and programs. The City of El Segundo can be the next incubator for alternative transportation innovation. Contact us to learn more or to get involved: Marissa Christiansen South Bay Bikeways Initiative Director 310 - 937 -6695 Marissa@la-bike.org www.southbaybicyclecoaltion.com 4w�� RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING CITY STAFF TO WORK ON THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC HEALTH PROJECT IN SUPPORT OF THE SOUTH BAY REGIONAL BICYCLE MASTER PLAN WHEREAS, the City of El Segundo is a partner to the Los Angeles County Bicycle Coalition ( "LACBC ") which has been awarded a grant from the Los Angeles County Department of Public Health ( "DPH ") through the American Recovery and Reinvestment Act of 2009 - funded Renewing Environments for Nutrition, Exercise and Wellness ( "RENEW ") Initiative for the development of the South Bay Bicycle Master Plan Project; and WHEREAS, the City supports the South Bay Bicycle Master Plan Project, whose goals are to promote bicycling as a means to decrease childhood and adult obesity resulting from lack of physical activity, and to create a Bicycle Master Plan that leads to an accessible bikeway network connecting the South Bay cities to each other and to Greater Los Angeles County for the general benefit of all County residents. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council endorses the South Bay Bicycle Master Plan Project. SECTION 2. The City agrees to provide a staff liaison to accomplish all tasks and technical assistance for which the City is involved as described in the attached Scope of Work, including coordinating as necessary with other City departments involved in the South Bay Bicycle Master Plan. SECTION 3. The City agrees to appoint a city council member to serve on the Blue Ribbon Advisory Committee of the South Bay Bicycle Master Plan. SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions. RESOLUTION NO. SOUTH BAY BICYCLE MASTER PLAN PROJECT Page No. 1 PASSED, APPROVED AND ADOPTED this 21 st day of September, 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 El Segundo, California, do hereby certify that the foregoing Resolution No. was duly passed, approved and adopted by the City Council of the City of El Segundo, California, at a regular meeting of said City Council held on the 21S` day of September, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark Hensley, City Attorney Page 2 of 2 EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2010 AGENDA STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action to convene a subcommittee consisting of two Council Members and all members of the Environmental Committee to evaluate and recommend various refuse collection options to be included in a Request for Proposals for the next trash collection contract scheduled to commence in August, 2011. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Appoint two members from City Council and all members of the Environmental Committee to participate in a subcommittee to evaluate and recommend various trash collection options for the City's next trash collection contract 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: None Amount Budgeted: $ Additional Appropriation: N/A Account Number(s): ORIGINATED BY: Stephanie Katsouleas REVIEWED BY: APPROVED BY: Jack Wayt, City BACKGROUND AND DISCUSSION: In July 2011, the City's trash hauling contract with Consolidated Disposal Service will expire. In anticipation of securing a new contract, staff proposed that City Council form a subcommittee consisting of two Council Members and all members of the Environmental Committee to serve as a review and advisory board regarding the various trash collection options available to residents of El Segundo. At a minimum, the subcommittee should: 1) Evaluate /assess the trash collection needs and physical limitations of the City's single and multi - family residents currently being served by Consolidated Disposal Service. 2) Review the various trash collection services and options available on the market. 3) Make recommendations regarding which services should be included in the upcoming trash collection Request for Proposals (RFP) to be released in early 2011. 4) Review and approve a draft RFP which incorporates the trash collection services options chosen by the sub - committee. 16 n6.3 Staff anticipates that the subcommittee will meet over a three month period to assist in the development of the RFP, and that the final product will be released for bid no later than the end of February, 2011. The anticipated schedule is as follows: October — December, 2010 Hold subcommittee meetings and draft RFP January — February, 2011 Review and Finalize RFP; release by February 28U' March — April, 2011 Response period for all interested trash haulers May, 2011 Subcommittee reviews submittals; recommends to Council the most qualified responder June, 2011 City Council approves new trash hauler contract August, 2011 New contract becomes effective. X64- EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2010 AGENDA STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding 1) Providing another designated Retirement Period for Section 20903, Two Years Additional Service Credit and amending list of eligible classes; 2) Certification of Compliance with Government Code Section 20903; and 3) Approval of a $1,000 payment to eligible employees entering into a Date - Certain Retirement Separation Agreement with the City. (Fiscal Impact: 1) Estimated Increase in the City's PERS miscellaneous employer rate of 0.18% and an annual cost increase in FY 2012 -2013 of $26,078 2) Salary savings based on the number of employees retiring during the designated retirement period would be $477,334). RECOMMENDED COUNCIL ACTION: Approve another designated Retirement Period and expand the list of eligible classes. 2. Certify Compliance with Government Code Section 20903 3. Approve a $1,000 payment to eligible employees entering into a Date - Certain Retirement Separation Agreement with the City. 4. Authorize the City Manager to execute the Retirement Separation Agreement, in a form approved by the City Attorney. 5. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Ca1PERS Document — Certification of Compliance with Government Code Section 20903 FISCAL IMPACT: 1) Estimated increase in the City's PERS Miscellaneous Employer Rate of 0.18% and an annual cost increase in FY 2012 -2013 of $26,078 2) Salary savings based on the number of employees retiring during the designated retirement period of $477,334. Amount Budgeted: Additional Appropriation: Account Number(s): ORIGINATED BY: REVIEWED BY: APPROVED BY: Martha A. tr , Human Resources Manager Bob Hyland, Director of Resources Jack Wayt, City Mana er BACKGROUND AND DISCUSSION: As part of the March 19, 2009 Strategic Planning Session, staff presented Council with a number of potential budget reduction options, including reducing the City's personnel costs through Early Retirement Incentives. 17 6 Council approved amending the contract between the Board of Administration of the California Public Employees' Retirement System (Ca1PERS) and the El Segundo City Council at its meeting on July 21, 2009 to provide for Section 20903 (Two Years Additional Service Credit) for the City's Local Miscellaneous (Non- Safety) Members, with the exception of Department Directors, Assistant City Manager and City Manager. The designated retirement window period was from October 5, 2009 through January 15, 2010. When this item was initially presented to Council, staff was aware of nineteen (19) individuals who had some level of interest in retiring and anticipated nine (9) would retire. When the retirement window closed, a total of fourteen (14) employees had retired through this Program. The City has been able to realize salary savings by keeping positions unfilled and implementing a selective hiring freeze. Strategic Planning Sessions were held on May 6, 2010 and June 24, 2010 to discuss the FY 2010- 2011 budget. Once again, staff presented Council with a number of budget reduction options, including the Early Retirement Program. Based on the level of interest expressed by employees, staff recommends Council approve another retirement period under Section 20903 and expand the list of eligible miscellaneous classes to include Assistant City Manager. Department Director and City Manager will continue to be excluded from the list of eligible classes. If Council approves moving forward with another retirement period, staff will agendize Adoption of the Resolution at the October 5, 2010 Council Meeting. Positions left vacant as a result of these retirements will be frozen by the City Manager. Departments will be required to obtain Council approval in order to fill the positions. This Agenda Item requests Council approval of an Early Retirement Incentive Program which would provide eligible employees: 1) Two Years of additional PERS Service Credit; and 2) a payment of $1,000 to eligible employees entering into a Date - Certain Retirement Separation Agreement, in order that the resulting salary savings can be expeditiously factored into the Fiscal Year 2010 -2011 Budget. Section 20903 (Two Years Additional Service Credit) Eligibility to receive the two years of Additional Service Credit requires the following: * The employee is a Local Miscellaneous (Non- Safety) Member of CalPERS. * The employee will have reached age 50 and have at least five years of Ca1PERS Service at the time of their retirement during the retirement period designated by the City. * Department Heads and City Manager are not eligible to receive the two years of Additional Service Credit. The employee benefits because the additional two years of Service Credit adds value to his /her Retirement Annuity. The employer benefits because the City achieves cost savings through resulting position vacancies, opportunity for workforce restructuring and /or lower compensated new employees filling certain designated vacant positions. Approximately fifty -six (56) employees are eligible to receive this benefit. To date, staff is aware of twenty -four (24) individuals with some level of interest in obtaining the two years of Additional Service Credit and retiring. Realistically, we would anticipate that approximately eight (8) employees would expect to receive this benefit. -2- 264 CalPERS requires, in accordance with Government Code Section 20903, and the contract between CalPERS and the City, that the City Council certifies that: Because of an impending curtailment of, or change in the manner of performing service, the best interests of the agency will be served by granting such additional service credit. 2. The added cost to the retirement fund for all eligible employees who retire during the designated window period will be included in the contracting agency's employer contribution rate for the fiscal year that begins two years after the end of the designated period. 3. It has elected to become subject to Section 20903 because of impending mandatory transfers, demotions, and layoffs that constitute at least one percent of the job classification, department or organizational unit, as designated by the governing body, resulting from the curtailment of, or change in the manner of performing, its services. 4. Its intention at the time Section 20903 becomes operative is to keep all vacancies created by retirements under this section or at least one vacancy in any position in any department or other organizational unit permanently unfilled, thereby resulting in an overall reduction in the workforce of such department or organizational unit. Government Code Section 7507 requires that the future annual costs to provide this benefit be made public at a public meeting at least two weeks prior to adoption of the Resolution. CalPERS requires that the retirement period within which this benefit may be provided, is no less than 90 days and no more than 180 days in length. The retirement period designated by the City will commence on October 6, 2010 and end on January 14, 2011. Fiscal Impact The cost of the Two Years of Additional Service Credit is amortized by CaIPERS over a twenty year period and will be included in the City's Miscellaneous Employer Contribution Rate, commencing with the Fiscal Year starting two years after the end of the designated Retirement Period, 2012 -2013. Staff has calculated the fiscal impact on the assumption that all eight (8) of those employees expressing an interest in the benefit will retire during the designated Retirement Period. Staffs fiscal impact calculations were based on utilizing PERS Document CON3 -PA, "Procedures for Calculation of Estimated Employer Cost" and were reviewed and certified by Actuarial John Bartel of Bartel Associates, LLP. Mr. Bartel has provided the City with actuarial analysis and valuation reports for a number of years. The figures below are based on a likely scenario that eight (8) employees would retire, resulting in the Costing shown below: 1) Estimated Present Value of Additional Employer Contributions $345,275 2) Estimated Annual Employer Cost Amortized over 20 Years $ 26,078 3) Estimated Employer Rate Increase, 10.940% to 11.120 0.18% -3- Assuming that all eight (8) retirements would result in those positions remaining vacant, the annual cost savings to the City would be $477,334. Those employees entering into a Date - Certain (between October 6, 2010 and January 14, 2011) Retirement Separation Agreement, by Monday, November 22, 2010 will receive a one -time payment of $1,000. Funding Options Options available to pay for the increased costs include an annual additional payment of $26,078 for twenty (20) years starting Fiscal Year 2012 - 2013 —or- a lump sum payment in the amount of $345,275. -4- t.�' CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Branch Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229 -2709 (888) CalPERS (225 -7377) CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 20903 In accordance with Government Code Section 20903 and the contract between the Public Employees' Retirement System, the City Council of the City of El Segundo hereby certifies that: 1. Because of an impending curtailment of, or change in the manner ch additional service, the best interests of the agency will be served by granting such service credit. 2. The added cost to the retirement fund for all eligible employees who retire during the designated window perf d the fbscal yeaethat begins contracting twot employer contribution ra yea s after the end of the designated period. 3. It has elected to become subject to Section 20903 because of impending mandatory transfers, demotions, and layoffs that constitute at least 1 percent of the job classification, department from the curtailment of, or change designated governing body, resulting n the manner of performing, its services. 4. Its intention at the time Section 20903 becomes operative is to keep all vacancies created by retirements under this section or at least one vacancy in any position in any department or other organizational unit permanently unfilled thereby resulting in an overall reduction in the work force of such department or organizational unit. THEREFORE, the City Council of the City of El Segundo hereby elects to provide the benefits of Government Code Section 20903 to all eligible members who retire within the designated period, October 6, 2010 through January 14 2011 CITY COUNCIL OF THE CITY OF EL SEGUNDO By: Presiding Officer Attest: Clerk/Secretary Date 2yr certification -PA (Rev. 4/04) 4 h 1