2011 APR 19 - 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 2:00
Tuesday). The request must include a brief general description of the business to be transactedrlor
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, APRIL 19, 2011 — 5:00 P.M.
Next Resolution # 4716
Next Ordinance # 1461
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.
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 M.) 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- matters
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): -1-
Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matter
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0-
matters
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
2 002
AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting 2:00
Tuesday). The request must include a brief general description of the business to be transactedrioor
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, APRIL 19, 2011 - 7:00 P.M.
Next Resolution # 4716
Next Ordinance # 1461
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Pastor Wes Harding, El Segundo Foursquare Church
PLEDGE OF ALLEGIANCE — Council Member Suzanne Fuentes
3 003
PRESENTATIONS
a. Presentation by the Police Department who will be participating in the National
Take Back Initiative to dispose of unwanted /expired prescription medications on
April 30, from 10:00 a.m. to 2:00 p.m.
b. Proclamation announcing April 21, 2011 as Cereplast Bioplastics Day.
ROLL CALL
PUBLIC COMMUNICATIONS — (_Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the
Agenda by title only.
Recommendation — Approval.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. If a can for
discussion of an item is made, the item(s) will be considered individually under the next heading of
business.
4 004
I. Warrant Numbers 2581725 to 2581922 on Register No. 13 in the total
amount of $762,964.27 and Wire Transfers from 3/25/11 through 4/07/11 in
the total amount of $1,072,715.25.
Recommendation — Approve Warrant Demand Registers 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.
2. Regular City Council Meeting Minutes of April 5, 2011
Recommendation — Approval.
3. Consideration and possible action to (1) accept a donation from El
Segundo resident Sam Hepworth to paint the walls, planters, and railing
surrounding the George E. Gordon Clubhouse at Recreation Park for his
Boy Scout Eagle Project; (2) adopt a Resolution to approve the plan for the
project; (3) authorize the City Manager to execute a contract with Sam
H_ epworth in a form approved by the City Attorney. (Fiscal Impact None)
Recommendation — (1) Approve the acceptance of a donation from Sam
Hepworth; (2) Adopt Resolution that includes the approval of the project's plan;
(3) Authorize the City Manager to execute a contract with Sam Hepworth in a
form approved by the City Attorney; (4) Alternatively, discuss and take other
action related to this item.
4. Consideration and possible action regarding approval of the revised Class
Specification for the classification of Fire Engineer. Fiscal Impact: None.
(Fiscal Impact: None).
Recommendation — (1) Approve the proposed Class Specification for Fire
Engineer; (2) Alternatively, discuss and take other action related to this item.
5. Consideration and possible action to adopt a resolution vacating an
existing two (2) feet water easement and approving Quit Claim Deed
located at 126 Lomita Street (Fiscal Impact: None)
Recommendation — (1) Adopt the resolution vacating an existing two (2) feet
water easement and approving Quit Claim Deed; (2) Alternatively, discuss and
take other action related to this item.
s 00
6. Consideration and possible action regarding approval of 1) a Professional
Services Agreement for $437,850 with Willdan Energy Solutions for
implementation of Energy Efficiency Strategic Planning Activities and 2) a
Professional Services Agreement for $48,650 with Nina Tarnay for grant
administration activities on behalf of the City of El Segundo using funds
awarded by Southern California Edison (Fiscal Impact: $486,500.00)
Recommendation — (1) Authorize the City Manager to execute the Professional
Services Agreements in a form as approved by the City Attorney with Willdan
Energy Solutions in the amount not to exceed $437,850.00 and Nina Tarnay in
the amount not to exceed $48,650.00; (2) Alternatively, discuss and take other
action related to this item.
7. Consideration and possible action to adopt Ordinance No. 1460 approving
an Environmental Assessment (EA 862) for a Categorical Exemption and a
Zone Text Amendment amending the El Segundo Municipal Code ( "ESMC")
as it relates to nonconforming buildings and structures and to allow
administrative adjustments for nonconforming buildings for incidental life
safety repairs or upgrades and reasonable access accommodations for
persons with disabilities. Applicant: City Initiated (Fiscal Impact None)
Recommendation — (1) Waive second reading and adopt Ordinance No. 1460 for
Environmental Assessment No. EA -862 and Zone Text Amendment (ZTA) No.
10 -02; (2) Alternatively, discuss and take other possible related action to this
item.
8. Consideration and possible action to adopt Ordinance No. 1459 approving
an Environmental Assessment (EA No. 911) and a Development Agreement
Amendment (DA No. 11 -01 (First Amendment to Development Agreement
No. 00 -02) to allow an 88,847 square -foot office building at 888 -898 North
Sepulveda Boulevard (Fiscal Impact: $150,000 4228,000 Contribution to
improvements of Sepulveda Boulevard and to other public benefits)
Recommendation — (1) Waive second reading and adopt Ordinance No. 1459 for
Environmental Assessment EA 911 and Development Agreement Amendment
DA 11 -01; (2) Alternatively, discuss and take other possible action related to this
item.
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
6 006
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
I. REPORTS — CITY CLERK
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fuentes —
Council Member Brann —
Council Member Jacobson —
Mayor Pro Tern Fisher —
Mayor Busch —
9. Consideration and possible action regarding the closure of the United
States Post Office facility located at 200 Main Street (Fiscal Impact: None)
Recommendation — (1) Direct Staff to monitor the status of the Post Office's
determination and report to City Council; (2) Alternatively, discuss and take other
action related to this item.
10. Consideration and possible action to: (1) review the Wiseburn School
District's ( "WSD ") proposed acquisition of property within the City of El
Segundo to be utilized for unspecified school /classroom purposes; (2)
direct staff regarding the Council's position regarding the potential
acquisition; and (3) direct staff to continue to review and monitor WSD's
activities and report significant events to the Council. (Fiscal Impact:
Unknown at this time)
Recommendation — (1) Review WSD's proposed acquisition of property within
the City of El Segundo to be utilized for unspecified school /classroom purposes;
direct staff regarding the Council's position regarding the potential acquisition;
and direct staff to continue to review and monitor WSD's activities and report
back to Council regarding this matter; (2) Alternatively, take other action related
to this item.
7
0 ( ) i
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, gt se q.) 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: /31 v
TIME: oZ,' /D /J _19-7,
NAME: 211v 4u�_
s oo8
PRESENTATIONS
a. Presentation by the Police Department who will be participating in the
National Take Back Initiative to dispose of unwanted /expired prescription
medications on April 30, from 10:00 a.m. to 2:00 p.m.
000
rortamatt"On CitP of (EC Oegunbo, California
WHEREAS, Cereplast Inc., a leading manufacturer of bio- based, compostable and sustainable
plastics - made from renewable resources like corn, wheat, and algae has advanced
the concept and manufacturing of bio -based plastics as an alternative to petroleum -
sourced plastics in order to meet growing consumer demand for and attention to
economically and ecologically sound, 'green' products; and
WHEREAS, Cereplast, Inc. has conducted a national competition, "Make Your Mark ", to create a
symbol that represents "bioplastics ", demonstrating their commitment to educating
and helping consumers make smarter purchasing decisions that help preserve and
protect our environment; and
WHEREAS, The new bioplastics symbol will serve in a similar fashion to how the recycling
symbol, created 41 years ago in a similar contest is used to identify products that
are made from recycled materials and /or recyclables; and
WHEREAS, The presentation of the "Make Your Mark" national competition which garnered
over 2.8 million votes will take place at the Herman Miller Showroom, LEED CI-
designated, in Culver City, CA, on April 21, 2011.
NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo do
hereby proclaim Thursday, April 21, 2011 as CEREPLAST BIOPLASTICS DAY.
0.110
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
3/25/11 THROUGH 04/07/11
Date
Payee
Amount
Description
3/9/2011
3/29/2010
Lane Donovan Golf Ptr
21,017.73
Payroll Transfer (correct prior memo)
3/30/2011
Unum
Health Comp
457.80
LTD
3/31/2011
Employment Development
1,365.35
46,151.10
Weekly claims
State Taxes
3/31/2011
Employment Development
4,094.54
State Taxes
3/31/2011
4/1/2011
IRS
State of CA EFT
205,705.00
Federal Taxes
4/1/2011
Nationwide EFT
1,647.21
EFT Child support payment
4/1/2011
LIB
33,796.66
EFT 457 payment
4/1/2011
Manufacturers & Traders
3,736.82
23,479.71
PARS payment
457 payment Vantagepoint
4/1/2011
Manufacturers & Traders
192.31
IRA payment Vantagepoint
4/6/2011
Health Comp
2,421.15
Weekly claims
4/7/2011
Cal Pers
444,841.26
Health
4/7/2011
3/25 - 4/7/11
Cal Pers
Workers Comp Activity
260,484.08
Retirement
23,324.53
SCRMA checks issued
1,072,715.25
DATE OF RATIFICATION: 04/19/11
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
'ilido
Date
Il l (
Da e
9 ►, ,
Date
1,072,715.25
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
P: \City Treasurer \Wire Transfers\201 1 \Wire 2011 2nd Qtr \Wire Transfers 04- 07.xls
012
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, APRIL 5, 2011 — 5:00 P.M.
5:00 P.M. SESSION
CALL TO ORDER — Mayor Busch at 5:00 p.m.
ROLL CALL
Mayor Busch
- Present
Mayor Pro Tem Fisher
- Present — arrived at 5:05 p.m.
Council Member Brann
- Absent
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:
Karl Berger, Assistant City Attorney, stated Council would be meeting in closed session
pursuant to the items listed on the agenda and that regarding Government Code
§54956.9(b), one case involves the claim filed by Time Warner Cable in a
communication dated February 15, 2011 for $11,133, and the other case is based upon
a claim filed by Shannon David, Inc. filed on or about March 1, 2011 for $48,745.47.
CLOSED SESSION:
The City Council moved into a closed session pursuant to applicable law, including the
Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring
with the City's Real Property Negotiator; and /or conferring with the City Attorney on
potential and /or existing litigation; and /or discussing matters covered under Government
Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators;
as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(a) -2- matters
City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279
Dave Sharp vs. City of El Segundo WCAB No. LB00368014, LB00365756
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION 2
MINUTES OF THE REGULAR CITY COUNCIL MEETING
APRIL 5, 2011
PAGE NO. 1
013
Significant exposure to litigation pursuant to Government Code §54956.9(b): -2-
Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matter
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0-
matters
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
Council recessed at 6:50 p.m.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
APRIL 5, 2011
PAGE NO. 2
0
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, APRIL 5, 2011 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Busch at 7:00 p.m.
INVOCATION — Bishop Jim Hepworth, Church of Jesus Christ of Latter Day Saints
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Bill Fisher
PRESENTATIONS
a. Council Member Fuentes presented a commendation in recognition of the Bettye
Poland the 2011 Outstanding School Crossing Guard of the Year.
b. Mayor Pro Tern Fisher presented a Proclamation announcing April as "Sexual
Assault Awareness Month" and designate April 27, 2011 as "Denim Day ".
ROLL CALL
Mayor Busch
- Present
Mayor Pro Tern Fisher
- Present
Council Member Brann
- Absent
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.
Marc Rener, Resident; spoke regarding the warrants and wire transfers and the CalPers
payments. Also spoke regarding the lawsuit on the Attorney's Impartial Analysis,
Measure P.
Sam Penia, Consolidated Disposal Services; announced annual spring cleaning and
large items may be placed on the curb. For questions call Consolidated Disposal
Services at 1- 800 - 299 -4898.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
APRIL 5, 2011
PAGE NO. 3
Ashley Rios - Vasquez, representing Farchitecture BB, LLC, spoke on item number five.
She stated that they would be selling in the business district and office buildings, not
driving an ice cream truck around the residential district.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda
by title only.
MOTION by Council Member Fuentes, SECONDED by Council Member Jacobson to
read all ordinances and resolutions on the agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BRANN ABSENT.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
Consideration and possible action to re -open a continued public hearing and
receive testimony regarding: 1) an Environmental Assessment (EA No. 911), and
2) a Development Agreement Amendment (DA No. 11 -01 (First Amendment to
Development Agreement No. 00 -02)) to allow an 88,847 square -foot office
building at 888 -898 North Sepulveda Boulevard. Applicant: Realty Associates
Advisors, LLC. (Fiscal Impact: $150,000 - $228,000 Contribution to improvements
of Sepulveda Boulevard and to other public benefits).
Mayor Busch stated that this was the time and place to conduct a continued public
hearing and receive testimony regarding: 1) an Environmental Assessment (EA No.
911), and 2) a Development Agreement Amendment (DA No. 11 -01 (First Amendment
to Development Agreement No. 00 -02)) to allow an 88,847 square -foot office building at
888 -898 North Sepulveda Boulevard. Applicant: Realty Associates Advisors, LLC.
(Fiscal Impact: $150,000 - $228,000 Contribution to improvements of Sepulveda
Boulevard and to other public benefits).
City Clerk Mortesen stated that proper notice had been given in a timely manner and
that one written communication has been received in the City Clerk's Office.
Greg Carpenter, Acting City Manager, gave a report.
Matt McKinnley, representing the applicant, offered to answer questions.
Julia Lau, Resident; spoke about the parking on Washington Street. She requested the
City address the parking situation on Washington Street.
Marc Rener, Resident; spoke on the parking and traffic from the office buildings on
Sepulveda.
MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Fisher to close
the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL
MEMBER BRANN ABSENT.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
APRIL 5, 2011
PAGE NO. 4 01 �'
Staff directed to investigate solutions to the Washington Street parking issues.
Karl Berger, Assistant City Attorney, read by title only:
ORDINANCE NO. 1459
AN ORDINANCE AMENDING DEVELOPMENT AGREEMENT NO. 00 -02 BETWEEN
REALTY ASSOCIATES ADVISORS, LLC, AND THE CITY OF EL SEGUNDO
AFFECTING A PROPOERTY LOCATED AT 888 -898 NORTH SEPULVEDA
BOULEVARD.
Council Member Fuentes introduced the ordinance.
Second reading and adoption scheduled for April 19, 2011.
2. Consideration and possible action to re -open a continued public hearing and
receive testimony regarding: 1) an Environmental Assessment for a Categorical
Exemption; and 2) a Zone Text Amendment amending the El Segundo Municipal
Code ( "ESMC ") as it relates to nonconforming buildings and structures and to
allow administrative adjustments for nonconforming buildings for incidental life
safety repairs or upgrades and reasonable access accommodations for persons
with disabilities. Applicant: City Initiated (Fiscal Impact: None)
Mayor Busch stated that this was the time and place to conduct a continued public
hearing and receive testimony regarding: 1) an Environmental Assessment for a
Categorical Exemption; and 2) a Zone Text Amendment amending the El Segundo
Municipal Code ( "ESMC ") as it relates to nonconforming buildings and structures and to
allow administrative adjustments for nonconforming buildings for incidental life safety
repairs or upgrades and reasonable access accommodations for persons with
disabilities. Applicant: City Initiated (Fiscal Impact: None)
City Clerk Mortesen stated that proper notice had been given in a timely manner and
that one communication had been received in the City Clerk's Office.
Greg Carpenter, Acting City Manager, gave a report.
MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Fisher to close
the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL
MEMBER BRANN ABSENT.
Karl Berger, Assistant City Attorney, read by title only:
ORDINANCE NO. 1460
MINUTES OF THE REGULAR CITY COUNCIL MEETING
APRIL 5, 2011
PAGE NO. 5
01 (
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE ( "ESMC ")
CHAPTERS 15 -1 DEFINITIONS, 15 -21 NONCONFORMING BUILDINGS AND USES,
AND 15 -24 ADJUSTMENTS. (EA NO. 862 AND ZTA NO. 10 -01)
Mayor Pro Tern Fisher introduced the ordinance.
Second reading and adoption scheduled for April 19, 2011.
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed
unanimously. If a call for discussion of an item is made, the item(s) will be considered
individually under the next heading of business.
3. PULLED FOR DISCUSSION BY MAYOR BUSCH
4. Approved Special City Council Meeting Minutes of February 28, 2011, March 14,
2011, and March 15, 2011; Regular City Council Meeting Minutes of March 15,
2011.
5. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON
6. Authorized the City Manager to execute Agreement No. 4148, in a form approved
by the City Attorney, with Bartel Associates, LLC for actuarial services to
determine future medical costs of active and retired employees. (Fiscal Impact:
$29,500)
7, Adopted Plans and Specifications for miscellaneous facility repairs. Project No.
PW 11 -04, PW 11 -06 and PW 11 -07 (Fiscal Impact: estimated $101,000.00)
Authorized staff to advertise the projects for receipt of construction bids.
8. Approved Change Order No. 1 for $8,380 and accepted the project as complete
for the Recreation Park Phase III Field Lighting Project. Project No.: PW10 -07
(Fiscal Impact: $223,774). Authorized the City Clerk to file a Notice of Completion
in the County Recorder's Office.
MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Fisher to
approve Consent Agenda Items 4, 6, 7, and 8. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 4/0. COUNCIL MEMBER BRANN ABSENT.
CALL ITEMS FROM CONSENT AGENDA
MINUTES OF THE REGULAR CITY COUNCIL MEETING
APRIL 5, 2011
PAGE NO. 6
018
3. Warrant Numbers 2581454 to 2581724 on Register No. 12 in the total amount of
$1,748,362.91 and Wire Transfers from 3/05/11 through 3/24/11 in the total
amount of $2,776,920.43.
MOTION by Mayor Busch, SECONDED by Council Member Jacobson, to approve
Warrant Numbers 2581454 to 2581724 on Register No. 12 in the total amount of
$1,748,362.91 and Wire Transfers from 3/05/11 through 3/24/11 in the total amount of
$2,776,920.43. 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. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BRANN ABSENT.
5. Consideration and possible action regarding obtaining a special permit from the
City Council to approve Farchitecture BB, LLC doing business as Coolhaus, to
peddle ice cream while driving an ice cream truck in the City and issue a
business license. (Fiscal Impact: None)
MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Fisher to
authorize approval of a special permit from the City Council to approve Farchitecture
BB, LLC doing business as Coolhaus, to peddle ice cream while driving an ice cream
truck in the City and issue a business license. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 4/0. COUNCIL MEMBER BRANN ABSENT.
F. NEW BUSINESS
9. Consideration and possible action to adopt policy changes to the City's
Residential Sound Insulation (RSI) Program. (Fiscal Impact: savings will allow
for treatment of additional homes)
James O'Neill, Program Manager, gave a report.
MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Jacobson to
authorize proposed changes to the prioritization of homes eligible for funding; (Establish
an annual "cut -off date" of December 31st for homes to be included in the City's grant
applications to LAWA; authorize air conditioning to be eliminated from eligible RSI
Improvement and "Owner Upgrade "; and authorize Building Safety staff to revise the
area for which higher standards are required for residential construction. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BRANN ABSENT.
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
REPORTS — CITY CLERK
J. REPORTS — CITY TREASURER
MINUTES OF THE REGULAR CITY COUNCIL MEETING
APRIL 5, 2011
PAGE NO. 7
019
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fuentes — None
Council Member Brann — ABSENT
Council Member Jacobson — Announced that FAA would be doing flight checks on test
aircraft tonight on the inboard runway closest to El Segundo and it may increase noise.
Mayor Pro Tern Fisher — None
Mayor Busch — None
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.
Marc Rener, Resident spoke regarding the City paid CalPers benefits.
Julia Torres Lau, Resident; spoke about a fence being placed at Washington Park to
stop balls from going into the yards of the resident.
MEMORIALS — Alise Mae White, resident
CLOSED SESSION — NONE
ADJOURNMENT at 8:15 p.m.
Cindy Mortesen, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
APRIL 5, 2011
PAGE NO. 8
0 �. 0
EL SEGUNDO CITY COUNCIL MEETING DATE: April 19, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to (1) accept a donation from El Segundo resident Sam
Hepworth to paint the walls, planters, and railing surrounding the George E. Gordon
Clubhouse at Recreation Park for his Boy Scout Eagle Project; (2) adopt a Resolution to
approve the plan for the project; (3) authorize the City Manager to execute a contract
with Sam Hepworth in a form approved by the City Attorney.
Fiscal Impact: None
RECOMMENDED COUNCIL ACTION:
1. Approve the acceptance of a donation from Sam Hepworth;
2. Adopt Resolution that includes the approval of the project's plan;
3. Authorize the City Manager to execute a contract with Sam Hepworth in a form
approved by the City Attorney;
4. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution.
2. Description of project plan provided by Sam Hepworth.
FISCAL IMPACT:
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Mark Trujillo, Parks Superintendent
REVIEWED BY: Bob Cummings, Director of Recreation and Parks
APPROVED BY: Greg Carpenter, Acting City Manager
BACKGROUND AND DISCUSSION:
Sam Hepworth, a resident Boy Scout and Eagle Scout candidate has offered to donate his time
and materials to paint the walls, planters, and railings at the George E. Gordon Clubhouse at
Recreation Park.
Sam Hepworth will provide paint approved by staff and supplies. The project will be completed
by a group of 20 — 30 local volunteers and managed by Sam Hepworth.
To work on public property, Sam Hepworth will be required to enter into an agreement with the
City in a form approved by the City Attorney.
This beautification project will enhance the appearance of the George E. Gordon Clubhouse area
without cost to the City and will provide Sam an Eagle Scout leadership service project.
3
021
RESOLUTION NO.
A RESOLUTION APPROVING THE DESIGN AND PLANS FOR THE
PAINTING OF THE WALLS AND CURBS THAT SURROUNDS THE
CLUBHOUSE LOCATED AT RECREATION AND PARKS PURSUANT
TO GOVERNMENT CODE § 830.6 AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAM HEPWORTH.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. On March 12, 2011, the City received a proposal by Sam Hepworth
( "VOLUNTEER ") to paint the walls and curbs that surrounds the
Clubhouse at Recreation & Park (the "Project ");
B. The Project consists of painting the walls and curbs.
C. VOLUNTEER proposes to donate all materials and labor for the Project.
The City would not incur any cost;
D. Based upon information supplied by the VOLUNTEER and Recreation &
Parks staff, the Council understands and believes that the total value of
the materials would be $520.00 and will utilize 20 -30 community
volunteers for the labor.
E. Ordinarily, the City would need to comply with the competitive bidding
requirements set forth in the California Public Contracts Code for this type
of project;
F. The purpose of such bidding requirements is to guard against favoritism,
improvidence, extravagance, fraud and corruption, to prevent waste of public
funds, and to obtain the best economic result for the public;
G. The facts and circumstances of this Project, however, demonstrate that
competitive bids would be unavailing or would not produce an advantage,
and the advertisement for competitive bid would thus be undesirable and
impractical for the following reasons:
1. There is, at most, only a nominal cost to the public for the reason
that VOLUNTEER will donate all materials and labor;
2. VOLUNTEER will not receive any public funds for completing the
Project;
3. VOLUNTEER's only motivation in constructing the Project is to
accomplish charitable works for the City;
Page 1 of 3
022
4. It is improbable that any other private contractor can construct the
Project for a lesser amount; and
5. To complete the Project, VOLUNTEER will still be required to
comply with the City's standard contract requirements.
H. In waiving the competitive bid requirements otherwise required by the
SPMC, the City Council takes note of the analysis and decisions set forth
in Graydon v. Pasadena Redevelopment Agency (1980) Cal.App.3d 631;
Hodgeman v. City of San Diego (1942) 53 Cal. App.2nd 610; Orange
County Water Dist. v. Bennett (1958) 156 Cal. App.2nd 745; and Los
Angeles G &E Corp. v. City of Los Angeles (1922) 188 Cal. 307;
I. The City Engineer designed the Project and prepared the Project's plans
and specifications. The plans are now complete and the Project may be
constructed;
J. The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the plans and construction of the Project; and
K. In accepting VOLUNTEER's donation of the Project, the City notes that
Labor Code § 1720.4 specifically exempts work performed by volunteers
from payment of prevailing wages. In addition, the Department of
Industrial Relations ( "DIR ") has determined that prevailing wages need not
be paid for the Project (see DIR Decision No. 98 -004 dated June 10, 1998
[donated pergola on city property]; and DIR Decision No. 99 -058 dated
January 7, 2000 [volunteer labor]). Accordingly, the Project is not a
"public work" under the Labor Code and volunteers need not be paid
prevailing wages.
SECTION 2: Design Immunity.
A. The design and plans for the Project are determined to be consistent with
the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual
work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General
Plan.
D. The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3: Authorizations,
A. The City Engineer, or designee, is authorized to act on the City's behalf in
approving any alterations or modifications of the design and plans
Page 2 of 3
023
approved by this Resolution.
B. The City Manager is authorized to execute a contract with VOLUNTEER
for construction of the Project in a form approved by the City Attorney.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this day of , 20
ATTEST:
, City Clerk
APPROVED AS TO FORM:
, City Attorney
APPROVED AS TO CONTENT:
City Manager
Page 3 of 3
Mayor
024
April 7, 2011
Dear El Segundo City Council,
My name is Sam Hepworth, and I am a member of the El Segundo Boy Scout troop 772.
I am on the verge of receiving the rank of eagle, but before I do so, I need to lead a
project that helps benefit my community. I have found many damages and imperfections
at Recreation and Park, and I would like to fix that. I plan to prime and paint the walls
and curbs that surround the clubhouse, which is located on the corner of Pine and
Eucalyptus, on the 7th of May. The cost of my project is approximately $520, which is
being funded by the El Segundo Rotary Club and the LDS Church. $200 of that will be
for the cost of paint, $100 of that will be for the cost of primer, the remaining $220 will
pay for the brushes, rollers, paint trays, drop clothes, and tape. I have put together a crew
of 20 -30 volunteers from the LDS church and my Boy Scout troop, with a majority of
them being El Segundo citizens. If you can accept my request, I promise to make my
project as successful as can be, to do my best to keep the project safe and fun for
everyone involved, and to leave Recreation and Park looking much better than when we
arrived.
Thank. you,
Sam Hepworth
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026
EL SEGUNDO CITY COUNCIL MEETING DATE: April 19, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of the revised Class Specification for the
classification of Fire Engineer. Fiscal Impact: None.
RECOMMENDED COUNCIL ACTION:
1. Approve the proposed Class Specification for Fire Engineer.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Class Specification for Fire Engineer.
FISCAL IMPACT: None
Amount Budgeted: $ N/A
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: Marth &Di'uman Resources Manager
REVIEWED BY: Deborah Cu of Finance /Human Resources
APPROVED BY: Greg Carpenter, Acting City Manager %e
BACKGROUND AND DISCUSSION:
As of January 1, 2011, the California Department of Motor Vehicles (DMV) implemented changes
related to the manner in which they license fire personnel to drive heavy equipment (fire
apparatus). Beginning January 1, 2011, the DMV began issuing a class "C" driver's license with a
firefighter endorsement, rather than a class "A" or "B" firefighter restricted license. The DMV also
established minimum requirements to obtain the firefighter endorsement, which the El Segundo
Fire Department meets and exceeds. The El Segundo Fire Department continues to be authorized
by the DMV to conduct its own in -house training and testing. Personnel who currently possess a
class "A" or "B" restricted license will convert to the firefighter endorsement once their class "A"
or `B" license expires. As a result of these changes, the Special Requirements language found in
the Fire Engineer class specification needs to be revised to accurately reflect the changes made by
the DMV.
027 4
CITY OF EL SEGUNDO
FIRE ENGINEER
DEFINITION
Under general supervision, drives, operates, and maintains firefighting apparatus and related equipment;
responds to fire and other emergency calls; fights fire, mitigates hazardous materials emergencies, and
provides other services; performs related duties as required.
EXAMPLES OF DUTIES
Duties may include, but are not limited to, the following:
1. Inspects fire vehicles to ensure presence of appropriate equipment and operational efficiency; cleans
and performs minor maintenance; drives firefighting apparatus and other units to emergency sites in a
safe and efficient manner; locates hydrants, attaches hoses, and operates pumps at proper
pressures; evaluates adequacy of water system and available water supply.
2. Participates in fire extinguishment, ventilation, salvage, rescue, and other operations; operates
various firefighting, control, and rescue equipment such as pumps, ladders, air chisel, and extrication
tools; lays hose lines and directs water streams into fires.
3. Provides emergency medical services to individuals in need of such care; provides care consistent
with standards and permitted procedures established for patient care.
4. Inspects and cleans various firefighting equipment and apparatus; performs routine and preventive
maintenance on equipment as necessary; assists in maintaining clean and orderly conditions in and
about the fire station.
5. Participates in inspections of public and commercial buildings for fire prevention and target hazard
identification and review.
6. Participates in training and development activities to maintain current knowledge of technological
advancements; geographical layout of streets and addresses; operation of all fire apparatus; and
other relevant information.
7. Interacts with and represents the Department to the community and the public at large.
8. May participate in special projects, develop and /or conduct training, maintain records, prepare reports,
and perform work assignments while serving on various committees.
9. May provide direction and training to Firefighter personnel and serve as acting Captain as required.
QUALIFICATION GUIDELINES
Education and /or Experience
Two years experience as a full -time firefighter with the El Segundo Fire Department.
The following education /training is desirable:
Supplemental specialized training in fire technology, in the areas of fire hydraulics, apparatus,
equipment, and tactics and strategy.
April 2011
028
FIRE ENGINEER
Page 2
California State Fire Marshal Training and Education courses in the areas of Fire Command 1A, Fire
Command 1B, Fire Prevention 1A, Fire Apparatus Driver /Operator 1A, and Fire Apparatus
Driver /Operator 1 B.
Possession of a California State Firefighter I and II certificate.
Knowledge. Skills, and Abilities
Considerable knowledge of fire safety laws and ordinances; firefighting methods and techniques; operation
and maintenance of pumping engines and laddertrucks; practical/ applied hydraulics; location of hydrants and
water mains; traffic regulations and City geography; principles and practices observed in rendering emergency
medical services. Knowledge of firefighting strategy and tactics, the Incident Command system, and alarm
assignment responses. Ability to drive and operate firefighting equipment skillfully under a variety of
conditions; compute engine and nozzle pressures; act effectively and quickly in emergency situations; prepare
manual drawings of locations to scale; read electrical, gas, water, and propane valves; work effectively and
cooperatively with others; understand and follow verbal and written directions.
Special Requirements
Possession of a valid Class A California driver's license or, FeqUiFed afteF August 24, . or a California
Class C driver's license with a firefighter endorsement and qualified to operate a class A and B
vehicle by El Segundo Fire Department standards.
Must have a satisfactory driving record with current EMT and CPR certifications.
Depending upon assignment, the following participation may be required:
Breathing Apparatus Repair.
Examiner in the Department's DMV Employer Testing Program.
April 2011
029
EL SEGUNDO CITY COUNCIL MEETING DATE: April 19, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt a resolution vacating an existing two (2) feet
water easement and approving Quit Claim Deed located at 126 Lomita Street.
(Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Adopt the resolution vacating an existing two (2) feet water easement and
approving Quit Claim Deed.
2. Alternatively, discuss and take other action related to this item
ATTACHED SUPPORTING DOCUMENTS:
Resolution
Easement Exhibit
FISCAL IMPACT: None
Amount Requested: $
Additional Appropriation: No
Account Number(s):
ORIGINATED BY: Maryam M. Jonas, Principal Engineer' _
REVIEWED BY: Stephanie Katsouleas, Public Works D' ector
APPROVED BY: Greg Carpenter, Acting City Manager v
BACKGROUND AND DISCUSSION:
The Public Works Department received a request from Mar Lomita, LLC to vacate an unused
two -feet (2 ft) wide City water easement for operation and repair of a pipeline located at 126
Lomita Street. The easement is identified as a portion of Lot 6 in Block 3 of El Segundo Tract,
which was recorded in the official records as a public utility easement on June 9, 1958 under
instrument No. 2364.
Public Works confirmed that the easement had not been utilized for decades and is thus no
longer necessary. The request was then forwarded to the Planning Commission to review and
confirm that vacating it was consistent with the City's General Plan. On March 24, 2011, the
Planning Commission concurred. Abandoning the easement will relieve the City from any
maintenance responsibilities and allow the land to be integrated with the rest of the parcel, which
is currently being developed to accommodate four (4) office /industrial buildings.
030
Recording Requested by and Returned to:
City Clerk
City of El Segundo
350 Main Street
El Segundo, CA 90245
Request recording without fee for the benefit of the
City of El Segundo pursuant to Streets and Highways Code § 8336.
RESOLUTION NO.
A RESOLUTION ADOPTED BY THE CITY COUNCIL FOR THE CITY
OF EL SEGUNDO TO VACATE TWO (2) FEET WIDE EASEMENTS
WITHIN LOT 6 IN BLOCK 3 OF EL SEGUNDO TRACT.
BE IT RESOLVED by the City Council of the City of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. On or about June 9, 1958, the map entitled El Segundo Tract, (SHEET NO. 1),
was recorded with the Los Angeles County Recorder's Office in Book 18, Page
69 of Miscellaneous Records ( "Final Map ").
B. The Final Map created a One (1) lot subdivision (Assessor's Parcel Number 4135-
021 -023) with an easement to the City of El Segundo for public utility services
( "Easement ").
C. On or about March 1, 2011, Mar Lomita, LLC filed an application requesting the
vacation of the Easement, which is a City water easement on property located at
126 -138 Lomita Street. Mar Lomita, LLC is currently constructing four (4)
office /industrial buildings on the property ( "Project ").
D. A review of applicable documents, and after contacting other public utilities,
shows there are no public utility facilities located within the Easement.
E. The Easement, in its current location, is not necessary for present or prospective
public use.
F. The easement has not been used for the purpose for which it was dedicated or
acquired for at least five consecutive years immediately preceding the proposed
Page 1 of 3 031
vacation.
G. Vacating the Easements is consistent with the City's General Plan.
H. The City may summarily vacate public service easements pursuant to California
Streets & Highways Code §§ 8330 -8336.
SECTION 2: In accordance with the City Council's findings, and pursuant to Streets and
Highways Code § 8333(a), the City of El Segundo summarily vacates the Easement.
SECTION 3: The City Clerk, or designee, is directed to record this Resolution pursuant to
Streets and Highways Code § 8336 within ten (10) days of its adoption.
SECTION 4: From and after the date this Resolution is recorded, the Easement vacated by
this Resolution will no longer constitute a public service easement.
SECTION 5: In accordance with Resolution No. , adopted 19th day of April, 2011, the
City Manager is authorized to accept the Replacement Easement on the City's behalf.
SECTION 6: This Resolution will become effective immediately upon adoption and will
remain effective unless superseded or repealed.
PASSED AND ADOPTED this 19th day of April , 2011.
Eric Busch, Mayor
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By: may""`
Kar .Berger, Assistant City Attorney
032
Page 2 of 3
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS
CITY OF EL SEGUNDO )
I, , City Clerk of the City of El Segundo, California, do hereby certify that the whole number of
members of the City Council of said City is five; that the foregoing Resolution No. was
duly passed and adopted by said City Council, approved and signed by the Mayor of said City,
and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the
19th day of April 2011, and the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cindy Mortesen, City Clerk
Page 3of3 033
EXHIBIT A
BEING A PORTION OF LOT 6 IN BLOCK 3 OF EL SEGUNDO TRACT,
IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 18 PAGE(S) 69
OF MAPS, I N THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, FURTHER DESCRIBED AS FOLLOWS:
THE SOUTHERLY 2' OF SAID LOT AS SHOWN ON THAT DOCUMENT
RECORDED JUNE 9, 1958 AS INSTRUMENT NO. 2364 OF OFFICIAL
RECORDS.
SEE EXHIBIT B, ATTACHED.
PREPARED BY BOLTON ENGINEERING CORP.
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130 LOMITA STREET
LOT 5, BLOCK 3
EL SEGUNDO TRACT M.B. 181169
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An easement for public �-
utility purposes recorded
June 9, 1958 as Instrument
No. 2364 of Official Records.
S 89'59'0" E 143.00'
122 LOMITA STREET
LOT 7, BLOCK 3
EL SEGUNDO TRACT M.B. 18/69
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EL SEGUNDO CITY COUNCIL MEETING DATE: April 19, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agendz
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of 1) a Professional Services
Agreement for $437,850 with Willdan Energy Solutions for implementation of Energy
Efficiency Strategic Planning Activities and 2) a Professional Services Agreement for
$48,650 with Nina Tarnay for grant administration activities on behalf of the City of El
Segundo using funds awarded by Southern California Edison.
(Fiscal Impact: $486,500.00)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute the Professional Services Agreements in a
form as approved by the City Attorney with Willdan Energy Solutions in the
amount not to exceed $437,850.00 and Nina Tarnay in the amount not to exceed
$48,650.00.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Scope of Work and Fee Proposal from Willdan Energy Solutions
Scope of Work and Fee Proposal from Nina Tarnay
FISCAL IMPACT: $486,500.00
Amount Budgeted: $486,500.00 grant funds
Additional Appropriation: No
Account Number(s): 301 - 400 - 8203 -8910
ORIGINATED BY: Maryam M. Jonas, Principal Engineer -k
REVIEWED BY: Stephanie Katsouleas, Public Works D irectotK
APPROVED BY: Greg Carpenter, Acting City Manager
BACKGROUND AND DISCUSSION:
Last May, Southern California Edison (SCE) awarded the City of El Segundo $486,500 to
implement energy efficiency educational programs benefiting the City as well as local residents,
contractors and businesses. On April 4, 2011, SCE issued the City a Notice to Proceed with the
work identified in the grant's scope of work.
After careful consideration, City staff selected Willdan Energy Solutions (WES), a subsidiary of
Willdan Group, Inc., to implement the bulk of the program identified in the grant's scope of
work. WES has been the energy efficiency technical implementer for SCE's Local Government
Partnership Program since 2006 and is recognized by SCE as having the expertise necessary to
6
036
ensure that the City can accomplish the goals and objectives outlined in the partnership program
grant. WES has worked extensively with SCE management staff, understands its priorities, and
presently represents thirty (30) cities and numerous counties and City COG Partnership
programs.
The Partnership Program between City of El Segundo and SCE involves eight (8) tasks described
in the attached scope of work submitted by WES. If the PSA is approved, WES will develop,
incorporated and facilitate implementation of these tasks, which include but are not limited to:
• Creating on -line permitting services;
• Providing code compliance workshops on the benefit of energy efficiency;
• Conducting a Green House Gas emissions inventory; and
• Developing a benchmarking policy, Energy Action Plan, a LEED certification policy and
RCx policy.
Additionally, in anticipation of the staffing challenges now facing the City, the Public Works
Department identified 10% of the total proposed budget to hire someone to oversee grant
activities, ensure that the City adheres to SCE grant requirements, review materials produced by
WES and act as the City liaison between WES and SEC through September 2012. As planned,
90% of the budget will go directly toward implementation and 10% will be for grant oversight
activities as described herein. Nina Tarnay has extensive contract management experience and is
directly familiar with energy savings and conservation programs. She will be a much needed
asset to the City in managing grant activities.
Therefore, staff recommends that City Council approve a PSA with Willdan Energy Solutions to
implement the program and a PSA with Nina Tarnay to oversee grant activities on behalf of the
City. No general fund monies will be required for implementation of this comprehensive energy
efficiency and outreach program.
031
January 9, 2011
Ms. Stephanie Katsouleas
Director of Public Works
City of El Segundo
350 Main Street
El Segundo, CA 90245
Dear Ms. Katsouleas,
Willdan Energy Solutions (WES) is pleased to submit our proposal to provide professional services to the City of El
Segundo.
The City of El Segundo was recently awarded $486,500 to implement innovative, progressive energy efficiency programs,
processes, and policies that will position the City as a leader in climate change. The RFP came from Southern California
Edison (SCE) and was a competitive bid solicitation open to only those with a Local Government Partnership contract.
We are committed to ensuring the City accomplishes the goals and objectives outlined by SCE, while also making sure
the end products benefit the residents and businesses of El Segundo. Willdan brings the following expertise and
experience to the successful implementation of this work.
Willdan Advantage
We have been the energy efficiency technical implementer for SCE's Local Government Partnership Program
since 2006. The Local Government Partnership Group is administering this funding on behalf of SCE. We know and work
with the Partnership program management staff, understand their priorities, and have a recognized name and reputation
that will help the City of El Segundo when the program gets underway.
We offer an exceptional Team dedicated to El Segundo's program. Since this program is complex and multi-
disciplinary, the team dedicated to this effort must also reflect diversity in knowledge and expertise.
We will deliver this program and all activities within budget and on time.
• We currently run over $20 million of energy efficiency programs for Southern California Edison. We are a
recognized name with SCE and value our relationships with all our clients.
• Willdan has a long track record of success working with local governments, and has delivered services to
municipalities in the region for over 45 years. We leverage out deep understanding of public agency operations to
deliver quality projects within budget and on time.
• Willdan Energy Solutions is agreeable to signing a professional services contract with the City of El Segundo.
We are excited by the opportunity to assist El Segundo as it develops leading energy efficiency policies and programs that
address climate change. If you have any questions about the content of the submitted proposal, please contact me by
telephone at 626.256.0526, by cell phone at 626.703.8588 or by email at tcoonce(a)willdan.com.
Respectfully submitted,
Tony Coonce
Director of Operations, Southern California
Willdan Energy Solutions
101 East Huntington Drive, Suite 110
Monrovia, California 91016
W WILLDAN
En6rgy Solutions
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T. Nina Tarnay
453 32 °d Street
Manhattan Beach, CA 90266
(310) 918 -1029
ninatarnay@ gLmail.com
April 11, 2011
Stephanie Katsouleas
Director of Public Works
City of El Segundo
350 Main Street
El Segundo, CA 90245
Project Period: May 1, 2011 through September 30, 2012
Total Project Budget: Not to exceed $48,650.00
Hourly Rate: $75.00
PROJECT TASKS
1. Attend mandatory SCE kickoff and grant management meeting
2. Oversee Willdan Engineering Solution's work product activities on behalf of the
City to ensure that they comply with grant program components, which include:
a. Implementation of SCE Scope of Work activities (Tasks 1 -7)
b. Compliance with timelines identified in the Scope
C. Adherence to Grant reporting requirements
d. Implementation of ramp -up and ramp -down activities
e. Quality assurance and quality control
3. Provide general oversight and editorial review of materials produced, which
include:
a. Climate Action Plan
b. Green House Gas Inventory
C. Energy Benchmarking Policy
d. Leed Certification Policy
e. RXc Policy
4. Act as City liaison and representative for the coordination of:
a. The on -line permitting module
b. Educational workshops for staff, Commissioners and Council Members
041
EL SEGUNDO CITY COUNCIL
Ar_Fwne cTATF.MENT
MEETING DATE: April 19, 2011
AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt Ordinance No. 1460 approving an Environmental
Assessment (EA 862) for a Categorical Exemption and a Zone Text Amendment amending the
El Segundo Municipal Code ( "ESMC ") as it relates to nonconforming buildings and structures
and to allow administrative adjustments for nonconforming buildings for incidental life safety
repairs or upgrades and reasonable access accommodations for persons with disabilities.
Applicant: City Initiated (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Waive second reading and adopt Ordinance No. 1460 for Environmental Assessment No. EA-
862 and Zone Text Amendment (ZTA) No. 10 -02; and /or
2. Alternatively, discuss and take other possible related action to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Ordinance No. 1460
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Masa Alkire, AICP, Acting Planning Manager /m'---:�--'
REVIEWED BY: Greg Carpenter, Director Planning and Building Safet�-4
APPROVED BY: Greg Carpenter, Acting City Manager
BACKGROUND AND DISCUSSION:
On April 5, 2011, the City Council introduced an Ordinance to approve Environmental
Assessment No. EA -862, Zone Text amendment (ZTA) No 10 -02 as it relates to nonconforming
buildings and structures and to allow administrative adjustments for nonconforming buildings for
incidental life safety repairs or upgrades and reasonable access accommodations for persons with
disabilities. The City Council may waive the second reading and adopt the Ordinance. If adopted
without changes, Ordinance No. 1460 will become effective in 30 days.
P:\Planning & Building Safety \0 Planning - Old\PROJECTS (Planning)\ 851- 875\ EA- 862\EA- 862.CC.SR.04.19.1 l.doc
7
U4/
ORDINANCE NO. 1460
AN ORDINANCE ASE 5DINDG FINITIONSUN 0 5 -21 NONCONFORMING
( "ESMC ") CHAPTER
BUILDINGS AND USES, AND 15 -24 ADJUSTMENTS.
(EA NO. 862 AND ZTA NO. 10 -02)
The City Council of the city of El Segundo does ordain as follows:
SECTION 1: The City Council finds and declares as follows:
A. On February 11, 2010, the City of El Segundo initiated an application for
an amendment to the El Segundo Municipal Code ( "ESMC ") to Chapters
15 -1 Definitions, 15 -21 Nonconforming Buildings and Uses, and 15 -24
Adjustments;
B. A review of the El Segundo Municipal Code ( "ESMC ") shows that there
are numerous updates that would be prudent to be made to various
regulations for zoning and other, similar, matters;
C. This Ordinance is intended to update, clarify, and bring certain provisions
of the City's nonconforming building and use regulations into conformance
with current policies and procedures;
D. This process was initiated in order to remove the inequity of allowing
certain nonconforming buildings and uses within the City to maintain, alter,
expand or rebuild a legal nonconforming building or use with a
demonstrable good faith attempt to either promptly bring the property or
building in compliance with existing laws or continue using the
nonconforming building or use;
E. There is a strong public interest in ensuring that such nonconforming uses
and buildings be required to comply with current laws and regulations;
F. On February 24, 2011, the Planning Commission considered staff's
recommendations and provided staff further direction;
G. On March 15 and April 5, 2011, the City Council considered staff and
Planning Commission recommendations;
H. Based upon the evidence collected during the public hearing before the
Planning Commission, staff recommendations, evidence submitted during
the City Council public hearing, and Council deliberations, it is in the public
Page 1 of 7
U4..1 "
interest to adopt this Ordinance to amend the ESMC;
The ESMC amendments effectuated by this Ordinance are intended to
strike a fair balance between business interests within certain parts of the
City and the public's interest in applying the zoning regulations of the
ESMC fairly and equitably.
SECTION 2: ESMC § 15 -1 -6 is amended to read as follows:
"15 -1 -6: DEFINITIONS:
* * * *
BUILDING: Any structure used or intended for supporting or sheltering any use
or occupancy that is permanently affixed to the ground and contains a roof.
Shipping containers are not buildings.
* *
EXTERIOR PERIMETER WALL HEIGHT: The existing exterior perimeter wall
consisting of the framing members, from and including the foundation and any
basement walls, to and including the uppermost floor and top plate of a building.
Any portions of the exterior wall for any floor level that is horizontally offset are
also included.
SECTION 3: ESMC § 15 -21 -3 is amended to read as follows:
"15 -21 -3: GENERAL PROVISIONS: The following conditions apply to nonconforming
uses and structures:
A. Safety: All nonconforming structures may undergo necessary maintenance to
provide for their safe and habitable use.
B. Building Removal; Future Use: If any nonconforming building is voluntarily
removed, every future use of the land on which the building is located must
conform to this Code.
C. Unless otherwise provided by applicable law, a nonconforming use or structure
that is damaged or destroyed by fire, earthquake, or other calamity beyond the
property owner's control may be re- established subject to the provisions of this title
if a building permit is issued within twenty four (24) months of the occurrence of the
damage or destruction. All nonconforming rights expire if a building permit is not
issued within twenty four (24) months.
D. Building Additions, Alterations, Remodel or Reconstruction: A nonconforming
Page 2 of 7
044
building or structure may be altered, restored, remodeled or reconstructed, or may
include an addition, provided that no more than fifty percent (50 %) of the existing
original exterior perimeter wall height (as defined) is removed, demolished or
replaced. If more than fifty percent (50 %) of the existing perimeter wall height and
the original foundation is removed, demolished, or replaced, the entire building or
structure must be brought into conformity with all current development standards
and laws. The foundation must not be removed and a minimum of fifty percent
(50 %) of the exterior perimeter walls must remain attached to the foundation at all
times. Solely removing exterior wall coverings, including wall insulation, electrical
wiring, plumbing or interior plaster or drywall finishes does not require that the
entire building be brought into conformity with all current development standards
within the zone in which the property is located.
E. Minor Exceptions for Building Additions, Alterations, Remodel, or Reconstruction:
The Director of Planning and Building Safety may grant administrative adjustments
for a reduction of retention of a minimum of fifty percent (50 %) of exterior perimeter
wall height for life safety repairs or upgrades, regardless of whether those repairs
or upgrades exceed the fifty percent (50 %) threshold for nonconforming buildings
set forth in this section. The upgrades must be incidental and necessary to protect
public health and safety. The administrative adjustment must be granted before
any removal of any exterior perimeter wall in excess of fifty percent (50 %) occurs."
SECTION 4: ESMC § 15 -21 -5 is amended to read as follows:
1115 -21 -5: RESIDENTIAL RESTRICTIONS: All legal or legal nonconforming structures
within any residential zone, in existence as of the effective date hereof, which are now
legal nonconforming or become legal nonconforming due to changes in the land use
designation or zoning criteria under this title, are permitted to continue and remodel or
expand, provided all of the following requirements are met:
A. Where a side yard setback is nonconforming, the width of the existing side yard
cannot be decreased or made more nonconforming due to remodeling or
reconstruction;
B. A nonconforming structure may expand, provided the expansion meets all the
applicable criteria of this title; and
C. All new construction and additions where a building or structure is nonconforming
and no more than fifty percent (50 %) of the existing original exterior perimeter wall
height and foundation below is removed, replaced or rebuilt in compliance with this
Chapter."
SECTION 5: ESMC § 15 -21 -6 is amended to read as follows:
Page 3of7
045
"15 -21 -6: NONRESIDENTIAL RESTRICTIONS: Except as otherwise provided for the
heavy industrial (M -2) zone, all legal or legal nonconforming uses or buildings, in
existence as of the effective date hereof, within the nonresidential use categories and all
previously designated commercial properties which have been designated multi - family
residential zones by the 1992 general plan, with the exception of Smoky Hollow, which
are now legal nonconforming or become legal nonconforming due to changes in the
land use designation or zoning criteria under this title, are permitted to expand or
remodel subject to the following requirements:
SECTION 6: ESMC § 15 -24 -1 is amended to read as follows:
"15 -24 -1: GRANTING: Whenever a strict interpretation of the provisions of this title or
its application to any specific case or situation pertaining to the following items would
result in the unreasonable deprivation of the use or enjoyment of property, an
adjustment or an administrative adjustment may be granted, subject to the following
restrictions. Adjustments may be granted to allow:
A. A fence, wall, or hedge up to a maximum height of eight feet (8').
B. Architectural landscape features which exceed the standards set forth in Section 15-
2-14 of this Title.
C. Signs which exceed the standards set forth in Chapter 18 of this Title.
D. Noise permits which exceed the standards set forth in Section 7 -2 -11 of this Code.
E. Parking and loading space standards as set forth in Chapter 15 of this Title.
F. Reduction of retention of a minimum of fifty percent
a safety purposes.eter wall
height and /or deviation from development standards for
G. Deviation from development standards for reasonable access accommodations.
SECTION 7: ESMC § 15 -24 -4 is amended to read as follows:
"15 -24 -4: NECESSARY FINDINGS:
A. No adjustment shall be granted unless the following findings are made:
1. That the proposed adjustment would not be detrimental to the
neighborhood or district in which the property is located;
Page 4 of 7
046
2. That the proposed adjustment is necessary in order that the applicant
may not be deprived unreasonably in the use or enjoyment of his property; and
C. 3. That the proposed adjustment is consistent with the legislative intent of
this title.
B. Reasonable Access Accommodations. In addition to the three (3) findings
above, the following findings must be made before any action is taken to approve
or deny a request for a deviation from development standards for reasonable
access accommodations:
The housing, which is the subject of the request for reasonable
accommodation, will be used by an individual protected under the Act.
2. The request for reasonable accommodation is necessary to make specific
housing available to an individual protected under the Act."
SECTION 8: ESMC § 15 -24 -6 is amended to read as follows:
1115 -24 -6: ADMINISTRATIVE REVIEW:
Requests for administrative adjustments must be reviewed by the director of planning
and building safety or his /her designated representative. A decision on an administrative
adjustment must be made and mailed to the applicant within ten (10) working days after
the application is deemed complete. The director's decision is final unless appealed as
provided by chapter 25 of this title. Notwithstanding any other provision of this chapter,
no public hearing or notification is required for administrative adjustments.
Administrative adjustments may be granted to allow:
A. Parking and loading space standards as set forth in Chapter 15 of this Title.
B. Reduction of retention of a minimum of fifty percent (50 %) of exterior perimeter wall
height and /or deviation from development standards for life safety purposes.
C. Deviation from development standards for reasonable access accommodations."
SECTION 9: Environmental Assessment. The City Council determines that this
Ordinance is exempt from review under the California Environmental Quality Act
(California Public Resources Code §§ 21000, et seq., "CEQA ") and the regulations
promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the
"State CEQA Guidelines ") because it consists only of minor revisions and clarifications
to an existing zoning code and specification of procedures related thereto and will not
have the effect of deleting or substantially changing any regulatory standards or findings
Page 5 of 7
041
required therefor. The proposed Ordinance is an action that does not have the potential
to cause significant effects on the environment, but rather will help reduce the impact of
nonconforming uses on the environment. Accordingly, the proposed Ordinance
constitutes a Class 1, Class 3, and Class 5 categorical exemption.
SECTION 10: Repeal or amendment of any provision of the ESMC herein will 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 11: 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 12: 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 6 of 7
048
SECTION 13: This Ordinance will become effective on the thirty -first (31st) day
following its passage and adoption.
PASSED AND ADOPTED this 19th day of April, 2011.
Eric K. 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
Ordinance No. 1460 was duly introduced by said City Council at a regular meeting held
on the 5th day of April, 2011, 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 19th day of April, 2011, and the same was so
passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
Karl H. Berger, Assistant City Attorney
PAPlanning & Building Safety \0 Planning - Old\PROJECTS (Planning) \851 - 875 \EA - 862 \City Council\ EA - 862.04.19.11. CC. Clean. Nonconforming. Final. Ord. doc
Page 7 of 7
04 9
EL SEGUNDO CITY COUNCIL MEETING DATE: April 19, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt Ordinance No. 1459 approving an Environmental
Assessment (EA No. 911) and a Development Agreement Amendment (DA No. 11 -01 (First
Amendment to Development Agreement No. 00 -02) to allow an 88,847 square -foot office
building at 888 -898 North Sepulveda Boulevard (Fiscal Impact: $150,0004228,000
Contribution to improvements of Sepulveda Boulevard and to other public benefits)
RECOMMENDED COUNCIL ACTION:
1. Waive second reading and adopt Ordinance No. 1459 for Environmental Assessment
EA 911 and Development Agreement Amendment DA 11 -01; and /or
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Ordinance No. 1459
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Masa Alkire, AICP, Acting Planning Manager
REVIEWED BY: Greg Carpenter, Director of Planning a Building Safety
APPROVED BY: Greg Carpenter, Acting City Manager
BACKGROUND AND DISCUSSION:
I. Backaround
On April 5, 2011, the City Council introduced an Ordinance to approve Environmental
Assessment EA 911, Development Agreement Amendment DA 11 -01 to allow an 88,847 square -
foot office building at 888 -898 North Sepulveda Boulevard. The Council may waive second
reading and adopt the Ordinance. If adopted without change, Ordinance No. 1459 will become
effective in 30 days.
PA\Planning & Building Safety \0 Planning - Old \PROJECTS (Planning) \901- 925\EA -911 \City Council 04192011\EA -911 DA 11 -01 CC Report
2nd reading 04192011.doc
050 8
ORDINANCE NO. 1459
AN ORDINANCE AMENDING DEVELOPMENT AGREEMENT NO. 00 -02
BETWEEN REALTY ASSOCIATES ADVISORS, LLC, AND THE CITY
OF EL SEGUNDO AFFECTING A PROPERTY LOCATED AT 888 -898
NORTH SEPULVEDA BOULEVARD.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds and declares that:
A. On March 20, 2001, the City Council of the City of El Segundo
approved Environmental Assessment No. 535, Development
Agreement No. 00 -02, and General Plan Amendment to allow the
development of an office building at 888 North Sepulveda Boulevard;
B. On February 8, 2011, the applicant, filed an application for an
amendment ( "First Amendment ") to Development Agreement No. 00-
02;
C. The application from Realty Associates Advisors, LLC was reviewed
by the City's Planning and Building Safety Department for, in part,
consistency with the General Plan and conformity with the El
Segundo Municipal Code ( "ESMC ");
D. In addition, the City reviewed the project's environmental impacts
under the California Environmental Quality Act (Public Resources
Code §§ 21000, et seq., CEQA ), the regulations promulgated
thereunder (14 Cal. Code of Regulations § §15000, et seq., the "CEQA
Guidelines "), and the City's Environmental Guidelines (City Council
Resolution No. 3805, adopted March 16, 1993);
E. The Planning and Building Safety Department completed its review
and scheduled a public hearing regarding the application before the
Planning Commission for February 24, 2011;
F. The Planning Commission held a public hearing regarding the
application on February 24, 2011. Thereafter the Planning
Commission adopted Resolution No 2688 recommending that the
City Council amend Development Agreement No. 00 -02; and
G. On April 5, 2011, the Council held a public hearing and considered
the information provided by the Planning Commission, City Staff,
public testimony, and representatives of the applicant Realty
Associates Advisors, LLC; and
051
-1-
H. This Ordinance and its findings are made based upon the testimony
and evidence presented to the Council at its April 5, 2011, public
hearing including, without limitation, the staff report submitted by
the Planning and Building Safety Department.
SECTION 2: Environmental Assessment. The City Council previously certified a
Mitigated Negative Declaration for the proposed project pursuant to the
requirements of CEQA. In accordance with CEQA Guidelines § 15162(a), a new
environmental document is not required for the proposed extension of the term of
the Development Agreement since the proposed project does not involve
substantial changes that will require major revisions to the previous Mitigated
Negative Declaration, and will not result in a significant impact to the
environment or require new mitigation measures.
SECTION 3: Amendments to the Development Agreement. Development Agreement
No. 00 -02 is amended in its entirety as set forth in attached Exhibit "A," which is
incorporated into this Ordinance by reference.
SECTION 4: If any part of this Ordinance or its application is deemed invalid by a
court of competent jurisdiction, the city council intends that such invalidity will
not affect the effectiveness of the remaining provisions or applications and, to
this end; the provisions of this Ordinance are severable.
SECTION 5: This Ordinance will remain effective until superseded by a
subsequent ordinance.
SECTION 6: 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.
052
-2-
SECTION 7: This Ordinance will become effective on the thirty -first (31st) day
following its passage and adoption.
PASSED, APPROVED AND ADOPTED this 19th day of April 2011.
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 Ordinance No. was duly introduced by said City Council at a
regular meeting held on the 5th day of April 2011, 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 19th day of
April 2011, and the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning)\901-925\EA-91 1 \City Council 04192011 \EA -
911 draft Ordinance 04192011.doc
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EXEMPT FROM RECORDER'S FEES
Pursuant to Government
Code §§ 6103, 27383
Recording Requested By
and When Recorded Return to:
CITY CLERK
CITY OF EL SEGUNDO
350 MAIN STREET
EL SEGUNDO, CA 90245
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF EL SEGUNDO
AND
REALTY ADVISORS ASSOCIATES, LLC,
A DELAWARE LIMITED LIABILITY COMPANY
THIS AGREEMENT MUST BE RECORDED WITHIN TEN DAYS
OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE
REQUIREMENTS OF GOVERNMENT CODE §65868.5
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DEVELOPMENT AGREEMENT
This Development Agreement ( "Agreement ") is made this 19TH day of
April 2011, by and between the CITY OF EL SEGUNDO, a City in the State of
California ( "City "), and REALTY ADVISORS ASSOCIATES, LLC, a Delaware
limited liability company (the "Developer "). In consideration of the mutual
covenants and agreements contained in this Agreement, the City and Developer
agree as follows:
1. Recitals. This Agreement is made with respect to the following facts
and for the following purposes, each of which are acknowledged as true and
correct by the parties:
A. The City is authorized pursuant to Government Code §§ 65864
through 65869.5 to enter into binding agreements with persons or entities having
legal or equitable interests in real property for the development of such property
in order to establish certainty in the development process.
B. The Developer is the owner of certain real property, located at
the southeast comer of Sepulveda Boulevard and Walnut Avenue (the "Site "),
commonly known as 888 N. Sepulveda Boulevard, 892 N. Sepulveda Boulevard,
and 898 N. Sepulveda Boulevard (collectively, the "Site "). Currently, 898 N
Sepulveda Boulevard is improved with an eight (8) - story, eighty -five thousand
(85,000) square foot office building, which Developer recently caused to be
remodeled and retrofitted. 898 N Sepulveda Boulevard is hereinafter referred to
as "Parcel 1" and is legally described on Exhibit "A -1" attached hereto.
Currently, 888 N. Sepulveda Boulevard is vacant. The property was formerly
improved with a twelve (12) - story, one hundred forty thousand (140,000) square
foot office building, which had been vacant for approximately ten (10) years, that
contained asbestos and required extensive retrofitting. The building was
demolished in 2002. Located on 892 N. Sepulveda Boulevard is a six (6) -story
parking structure, providing required parking for the buildings located on Parcel
1 and Parcel 2, and for a separate airport parking business operated by a
Developer known as "Airport 105 Parking." 888 N. Sepulveda Boulevard and 892
N. Sepulveda are collectively referred to and herein as "Parcel 2 ", and are legally
described on Exhibit "A -2" attached hereto.
C. The Parties desire to enter into this Agreement in conformance
with the Government Code and the El Segundo Municipal Code in order to
achieve the development of the Site as expressly provided under the terms of
this Agreement.
D. The Developer proposes to construct an office building ten
(10) stories or less, but not to exceed 200 feet in height, consisting of a
maximum of eighty eight thousand eight hundred and forty seven (88,847)
square feet with a Floor Area Ratio ( "FAR ") of 0.8. Parking for the new office
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building would be provided by the existing parking structure located on Parcel 2,
with an additional seventeen (17) surface parking stalls (the Development
Project.) The Development Project is hereinafter sometimes referred to as the
"Project." All parking required for Parcel 1 must be provided on Parcel 2.
E. The City desires to obtain the binding agreement of the
Developer for the development of the Site in accordance with the provisions of
this Agreement.
F. The Developer desires to obtain the binding agreement of the
City to permit the Developer to develop the Project in accordance with the
"Applicable Rules" (as hereinafter defined), as modified by this Agreement. In
consideration thereof, Developer agrees to waive its rights to legally challenge
the limitations and restrictions imposed upon the development of the Property
pursuant to the Project approvals and this Agreement and to provide the public
benefits and improvements specified in this Agreement.
G. Developer has applied to the City in accordance with
applicable procedures for approval of this mutually binding Agreement. The
Planning Commission and City Council of the City have given notice of intention
to consider this Agreement and, have conducted public hearings thereon
pursuant to the Government Code.
H. This Agreement is consistent with the present public health,
safety, and welfare needs of the residents of the City of El Segundo and the
surrounding region. The City has specifically considered and approved the
impact and benefits of this Project upon the welfare of the region.
I. This Agreement will bind the City to the terms and obligations
specified in this Agreement and will limit, to the degree specified in this
Agreement and under State law, the future exercise of the City's ability to delay,
postpone, preclude or regulate development of the Project on the Site except as
provided for herein.
J. This Agreement eliminates uncertainty in planning and
provides for the orderly development of the Project, and generally serves the
public interest within the City of El Segundo and the surrounding region.
K. The City is entering into this Agreement in part because it
anticipates that the Project, once completed, will replace vacant property with an
attractive structure acting as a gateway and landmark for the northern portion of
the City.
2. Definitions. In this Agreement, unless the context otherwise
requires:
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(a) "Applicable Rules" means: (i) statutes, ordinances, the rules,
regulations, and official policies of the City in force as of the "Effective Date" (as
hereinafter defined) governing zoning, development, density, permitted uses,
growth management, environmental consideration, and design criteria applicable
to the Project as modified by Section 6(f) of this Agreement; and (ii) the
mitigation measures adopted by the City and the conditions imposed by this
Agreement and the Project's Discretionary Approvals.
(b) "Discretionary Actions; Discretionary Approvals" are actions
which require the exercise of judgment or a decision, and which contemplate
and authorize the imposition of revisions or conditions, by the City, including
any board, commission, or department of the City and any officer or employee of
the City, in the process of approving or disapproving a particular activity, as
distinguished from an activity which merely requires the City, including any
board, commission, or department of the City and any officer or employee of the
City, to determine whether there has been compliance with applicable statutes,
ordinances, regulations, or conditions of approval.
(c) "Effective Date" means the date the applications for
Discretionary Approvals were approved by City Council.
(d) Subsequent Applicable Rules" means the rules, regulations,
and official policies of the City, as they may be adopted, operative after the
Effective Date of this Agreement which, other than as provided for in this
Agreement, would govern the zoning, development, density, permitted uses,
growth management, environmental considerations, and design criteria
applicable to the Project and Site. The parties intend the development of the
Project and the Site to be subject to Subsequent Applicable Rules only to the
extent specified in paragraph (a) of Section 8 of this Agreement.
(e) "Zoning Ordinance" means the zoning regulations set forth in
the El Segundo Municipal Code, as it exists on the Effective Date.
3. Interest of Developer. The Developer represents to the City that, as of
the Effective Date, it owns the Site in fee, subject to encumbrances, easements,
covenants, conditions, restrictions, and other matters of record.
4. Binding Effect. This Agreement, and all of the terms and conditions
of this Agreement, runs with the land comprising the Site and is binding upon
and inures to the benefit of the parties and their respective assigns, heirs, or
other successors in interest.
5. Negation of Agency. The Parties acknowledge that, in entering into
and performing under this Agreement, each is acting as an independent entity
and not as an agent of the other in any respect. Nothing contained herein or in
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any document executed in connection herewith may be construed as making the
City and Developer joint venturers, partners or employer /employee.
6. Development of the Property. The following specific restrictions
govern the use and development of the Project as described herein and in Exhibit
ML and without the need for any additional Discretionary Actions:
(a) Permitted Uses of the Property. Nothing set forth in this
Agreement may be deemed to require Developer to complete the Project;
however, the City and the Developer agree that the permitted, conditional and
permitted uses of the Property are provided in the Applicable Rules, as modified
by subsection (f) herein below;
(b) Density and Intensity of Use. The City and Developer agree
that the maximum densities and intensities for the permitted use of the Project
are as set forth in this Agreement and the Discretionary Approvals.
(c) Maximum Height and Size of Proposed Building. The City and
Developer agree that the maximum height and size of the building proposed for
the Project are set forth in this Agreement.
(d) Development Standards. All design and development
standards applicable to the development of the Project must comply with the
Applicable Rules, as modified by subsection (f) herein below, the conditions of
the Discretionary Approvals as adopted, amended or modified in the future by
mutual consent. The sole exactions, conditions, and mitigation measures to be
required for the Project are those contained in the Applicable Rules, the
conditions imposed by the Project's Discretionary Approvals, and this
Agreement.
(e) Adherence to Building Code. All construction on the Property
must adhere to the model codes adopted by reference in the ESMC in accordance
with California law in effect at the time the plan check or permit is approved and
to any federal or state building requirements that are then in effect (collectively
"the Building Codes ").
(f) Extension of Interim Approval for Airport Park and Ride. The
Developer may design and construct the Project with the following exceptions to
the current Zoning Ordinance Development Standards, as may reasonably be
required to carry out the Project, including, without limitation, the following:
(i) In connection with Development Project, the existing
"Administrative Use Permit" (EA No.356, and AUP No. 94 -6), for
Developer's currently existing "Park and Ride" business is permanently
revoked and the use must be discontinued upon the issuance of a
Certificate of Occupancy for the first tenant improvement associated with
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the Development Project, excluding occupancy of a building
management /leasing office which does not trigger such revocation.
7. Acknowledgements, Agreements and Assurances on the Part of the
Developer. The parties acknowledge and agree that Developer's faithful
performance in developing the Project on the Site, pursuant to the terms of this
Agreement and in constructing and installing public improvements, making
payments and complying with the Applicable Rules will fulfill substantial public
needs. The City acknowledges and agrees that there is good and valuable
consideration to the City resulting from Developer's assurances and faithful
performance thereof and that same is in balance with the benefits conferred by
the City on the Project and the Developer by this Agreement. In consideration of
the foregoing and the City's assurances set out in Section 8 below, Developer
makes the covenants set forth in this Agreement.
8. Acknowledgments Agreements and Assurances on the Part of the
City. In order to effectuate the provisions of this Agreement and in consideration
for the Developer to obligate itself to carry out the covenants and conditions set
forth in the preceding Section 7 of this Agreement, the City agrees and assures
Developer that Developer will be permitted to carry out and complete the
development of the Project within the Site, subject to the terms and conditions of
this Agreement, the conditions of the Project Approvals and the Applicable Rules,
as modified by this Agreement. Therefore, the City agrees and acknowledges
that:
(a) Entitlement to Develop. The Developer is granted the vested
right to develop the Project on the Site to the extent and in the manner provided
in this Agreement, subject to the Applicable Rules, as modified by this
Agreement, and, should the City make the findings set forth below in this
subparagraph (a), any "Subsequent Applicable Rules." Any change in the
Applicable Rules, including, without limitation, any change in the General Plan,
any applicable Specific Plan, Zoning Ordinance, growth management regulations,
design standards or any subdivision regulation of the City, adopted or becoming
effective after the Effective Date, cannot be applied by the City to the Project on
the Site. Subsequent Applicable Rules can be applied to the Site by the City only
if, after public hearing, (1) the City determines that the failure of the City to apply
Subsequent Applicable Rules will place residents of the City in a condition
substantially dangerous to their health or safety, which condition cannot
otherwise be mitigated in a reasonable manner and (2) it is applied consistently
and evenly to all other similar developments in the City. Subsequent Applicable
Rules with regard to increases in existing permit fees imposed by the City (i.e.,
fees intended to cover the City's processing costs) and not otherwise restricted
by the terms of this Agreement, may, notwithstanding the above, be imposed on
Developer.
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In the event that a state or federal law or regulation is enacted after this
Agreement has been entered into, which would prevent or preclude compliance
with one or more provisions of the Agreement, such provisions of the Agreement
must be modified or suspended as may be necessary to comply with such state
or federal law or regulation.
(b) Subsequent Discretionary Actions. With respect to any
Discretionary Action or Discretionary Approval that is, or may be required
subsequent to the execution of this Agreement, the City agrees that it will not
unreasonably withhold from Developer or unreasonably condition or delay any
such Discretionary Action or Discretionary Approval which must be issued by the
City in order for the development of the Project Site to proceed unless the City
determines that (1) the failure to impose such condition would place residents of
the City in a condition substantially dangerous to their health or safety, which
condition cannot otherwise be mitigated in a reasonable manner and (2) such
condition is applied consistently and evenly to all other similar developments in
the City. Moreover, in the event that a state or federal law or regulation is enacted
after this Agreement has been entered into, which would prevent or preclude
compliance with one or more provisions of the Agreement, such provisions of the
Agreement will be modified or suspended as may be necessary to comply with
such state or federal law or regulation.
9. Vesting of Development Rights. In Pardee Construction Co. v. City
of Camarillo, 37 Cal.3d 465 (1984), the California Supreme Court held that the
failure of the parties therein to provide for the timing or rate of development
resulted in a after- adopted initiative restricting the rate of development to prevail
against the parties' agreement. City and Developer intend to avoid the result in
Pardee by acknowledging and providing that Developer shall have the right,
without obligation, except as otherwise specifically set forth herein, to develop
the Property in such order and at such rate and times as Developer deems
appropriate within the exercise of its subjective business judgment subject to the
term of this Agreement. In furtherance of the City's and Developer's intent, as set
forth in this Section, no future amendment of any existing City ordinance or
resolution, or future adoption of any ordinance, resolution or other action, that
purports to limit the rate or timing of development over time or alter the
sequencing of development phases, whether adopted or imposed by the City
Council or through the initiative or referendum process, shall apply to the Site.
However, nothing in this section shall be construed to limit City's right to enforce
Developer's obligation pursuant to this Agreement to provide all infrastructure
required by the Project Approvals and this Agreement.
10. Benefits to the City. The Developer agrees to contribute to the City
an additional sum as an enhanced community benefit to be paid to the City
annually for a period of five (5) years beginning upon the effective date of this
Development Agreement. The Developer will be permitted to use any excess
parking spaces for an off -site airport parking use located in the parking structure
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at 892 North Sepulveda Boulevard. The number of excess parking spaces is
determined by the number of spaces that are not required by the El Segundo
Municipal Code for use by the existing office building at 898 North Sepulveda
Boulevard. The airport parking use is permitted on an interim basis in a manner
consistent with Administrative Use Permit No. 94 -6, until a Certificate of
Occupancy is issued for the proposed office building. This payment will cease
after five (5) years or on the date that a Certificate of Occupancy is issued for the
proposed building, whichever occurs first. The payment schedule is as follows:
Year 1: $12,000 (to be paid upon the effective date of this Development
Agreement)
Year 2: $12,000 (due 12 months after the proceeding payment)
Year 3: $18,000 (due 12 months after the proceeding payment)
Year 4: $18,000 (due 12 months after the proceeding payment)
Year 5: $18,000 (due 12 months after the proceeding payment)
The City will benefit from increased sales taxes derived from retail sales to
occupants of the Project. Further, the Developer agrees to contribute to the City
the sum of One- Hundred Fifty Thousand Dollars ($150,000) for the cost of
landscaping, median, visual, and other improvements to Sepulveda Boulevard in
the vicinity of the Site. The City shall, at its sole discretion determine which
improvements the Developer's contribution shall be used for. The payment shall
be made before the City's issuance of a Certificate of Occupancy for the first
tenant improvement associated with the Development Project, excluding a
building /management and leasing office which shall not trigger the contribution
obligation. Any such work shall be performed by the City.
11. Cooperation and Implementation. The City agrees that it will
cooperate with Developer to the fullest extent reasonable and feasible to
implement this Agreement. Upon satisfactory performance by Developer of all
required preliminary conditions, actions and payments, the City will commence
and in a timely manner proceed to complete all steps necessary for the
implementation of this Agreement and the development of the Project or Site in
accordance with the terms of this Agreement. Developer must, in a timely
manner, provide the City with all documents, plans, and other information
necessary for the City to carry out its obligations under this agreement.
12. Review of Compliance.
(a) Periodic Review. The City Manager of the City will review this
Agreement annually, on or before the anniversary of the Effective Date, in
accordance with the procedure and standards set forth in this Agreement and the
El Segundo Municipal Code in order to ascertain compliance by the Developer
with the terms of this Agreement.
061.
(b) Special Review. The City Council of the City may order a
special review of compliance with this Agreement at any time but not to exceed
twice per year. The Director of Planning and Building Safety or the City Council,
as determined by the City Council, must conduct such special reviews.
(c) Procedure. During either a periodic review or a special review,
the Developer is required to demonstrate good faith compliance with the terms of
this Agreement. The burden of proof on this issue shall be on the Developer. The
parties acknowledge that failure by the Developer to demonstrate good faith
compliance constitutes grounds for termination or modification of this
Agreement in accordance with Government Code § 65865.1.
13. Default Provisions.
(a) Default. Either party to this Agreement is deemed to have
breached this Agreement if it materially breaches any of the provisions of the
Agreement and the same is not cured within the time set forth in a written notice
of violation from the non - breaching party to the breaching party, which period of
time cannot be less than ten (10) days for monetary defaults, and not less than
sixty (60) days for non - monetary defaults from the date that the notice is
deemed received, provided if the breaching party cannot reasonably cure a non —
monetary breach within the time set forth in the notice, then the breaching party
cannot be in default if it commences to cure the breach within such time limit and
diligently effects such cure thereafter. If the City determines to proceed with
termination of this Agreement, the City must give written notice to the Developer
of its intention to terminate this Agreement and comply with the notice and public
hearing requirements of Government Code §§ 65867 and 65868. At the time and
place set forth in the hearing on termination, the Developer must be given an
opportunity to be heard. If the City Council finds based upon the evidence that
the Developer is in breach of the Agreement, the Council may modify or terminate
this Agreement.
(b) Content of Notice of Violation. Every notice of violation must
state with specificity that it is given pursuant to this Section of the Agreement,
the nature of the alleged breach, and the manner in which the breach may be
satisfactorily cured. The notice is deemed given on the date that it is personally
delivered or on the date that is three (3) business days after it is deposited in the
United States mail, in accordance with Section 21 hereof.
(c) Remedies for Breach. The Parties agree that remedies for
breach of the Agreement is limited to the remedies expressly set forth in this
subsection. The remedies for breach of the Agreement by City or Developer are
limited to injunctive relief and /or specific performance except in the event of a
monetary default by Developer the City is entitled to seek any remedy available to
it at law or in equity.
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14. Mortgagee Protection: At the same time that City gives notice to the
Developer of a breach, City must send a copy of the notice to each holder of
record of any deed of trust on the portion of the Site in which Developer has a
legal interest ( "Financier "), provided that the Financier has given prior written
notice of its name and mailing address to City and the notice makes specific
reference to this Section 14. The copies must be sent by United States mail,
registered or certified, postage prepaid, return receipt requested, and are deemed
received upon the third (3rd) day after deposit. Each Financier that has given prior
notice to City pursuant to this Section has the right, at its option and insofar as
the rights of City are concerned, to cure any such breach within sixty (60) days
after the receipt of the notice from City. If such breach cannot be cured within
such time period, the Financier may have such additional period as may be
reasonably required to cure the same, provided that the Financier gives notice to
City of its intention to cure and commences the cure within sixty (60) days after
receipt of the notice for City and thereafter diligently prosecutes the same to
completion. City cannot commence legal action against Developer by reason of
Developer's breach without allowing the Financier to cure the same as specified
herein. Notwithstanding any cure by Financier, this Agreement is binding and
effective against the Financier and every owner of the Site, or part thereof, whose
title thereto is acquired by foreclosure, trustee sale or otherwise.
15. Estoppel Certificate. At any time and from time to time, Developer
may deliver written notice to City and City may deliver written notice to the
Developer requesting that such party certify in writing that, to the knowledge of
the certified party (i) this Agreement is in full force and effect and a binding
obligation of the parties, (ii) this Agreement has not been amended, or if
amended, the identity of each amendment, and (iii) the requesting party is not in
breach of this Agreement, or if in breach, a description of each such breach. The
party receiving such a request must execute and return the certificate within
thirty (30) days following receipt of the notice. City acknowledges that a
certificate may be relied upon by successors in interest to the Developer who
requested the certificate and by holders of record of deeds of trust on the portion
of the Site in which that Developer has a legal interest.
16. Operating Memoranda and Amendments of Development Agreement
(a) Operating Memoranda. The Parties acknowledge that the
provisions of the Agreement require a close degree of cooperation and that new
information and future events may demonstrate that changes are appropriate with
respect to the details of performance of the Parties under this Agreement. The
Parties desire, therefore, to retain a certain degree of flexibility with respect to the
details of performance for those items covered in general terms under this
Agreement. If and when, from time to time, the Parties find that refinements or
adjustments are desirable, such refinements or adjustments will be accomplished
through operating memoranda or implementation agreements approved by the
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Parties which, after execution, will be attached to this Agreement as addenda and
become a part hereof.
Operating memoranda or implementation agreements may be
executed on behalf of the City by the City Manager and the City Attorney. In the
event a particular subject requires notice or hearing, such notice or hearing will
be appropriately given. Any significant modification to the terms of performance
under this Agreement will be processed as an amendment of this Agreement in
accordance with applicable rules and must be approved by the City Council.
(b) Amendments. This Agreement may be amended from time to
time only upon the mutual written consent of City and Developer; provided,
however, that in connection with the transfer of any portion of Developer's rights
or obligations under this Agreement to another developer, Developer (or any
assignee of Developer's rights), such other developer and City may agree that the
signature of such other developer may be required to amend this Agreement
insofar as such amendment would materially alter the rights or obligations of
such developer hereunder. In no event will the signature or consent of any "Non -
Assuming Transferee" (defined below) be required to amend this Agreement.
(c) Minor Changes. Any change to this Agreement which does
not substantially affect (i) the Term of this Agreement, (ii) permitted uses of the
Project Site, (iii) provisions for the reservation or dedication of land, (iv)
conditions, terms, restrictions or requirements for subsequent discretionary
actions, (v) the density or intensity of use of the Project Site or the maximum
height or size of proposed buildings or (vi) monetary contributions by Developer,
will, with Developer's consent, be subject to the review and approval of the City's
city manager (the "City Manager ") and not require notice or public hearing, except
to the extent otherwise required by law.
(d) Future Development Agreements Except as otherwise
consented to by Developer, any future development agreement that may be
entered into between City and a successor or assign of Developer with respect to
any portion of the Project Site must be consistent with the terms and provisions
of this Agreement.
(e) Future Approvals Do Not Require Amendments to
Development Agreement. Except as may be otherwise agreed to by the parties,
no amendment of this Agreement is required in connection with the issuance of
any Discretionary Approval. Any Discretionary Approval issued after the
Effective Date will automatically be incorporated into this Agreement and vested
hereby. City will not issue any Discretionary Approval for any portion of the
Project Site unless Developer requests such Discretionary Approval from City.
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17. Term of Agreement. This Agreement becomes operative and begins
upon the Effective Date and remains in effect for a term of five (5) years, unless
said term is terminated, modified, or extended by circumstance set forth in this
Agreement or by mutual consent of the parties hereto. Following the expiration of
said term, this Agreement is deemed terminated and of no further force and
effect; provided, such termination does not automatically affect any right of the
City or Developer arising from City approvals on the Project before the expiration
of the term or arising from the duties of the parties as prescribed in this
Agreement.
18. Administration of Agreement and Resolution of Disputes. All
decisions by the City staff concerning the interpretation and, administration of
this Agreement and the Project which is the subject hereof are appealable to the
City Council and all like decisions by the City Council are final. However,
decisions of the City Council shall also be subject to judicial review pursuant to
Code of Civil Procedure § 1094.5. so long as such action is filed in a court of
competent jurisdiction not later than ninety (90) days following the date on which
the City's decision becomes final pursuant to Code of Civil Procedure § 1094.6.
19. Notices. All notices under this Agreement must be in writing and are
effective when personally delivered or upon the third (3rd) day after deposit in the
United States mail as registered or certified mail, postage prepaid, return receipt
requested, to the following representatives of the parties at the addresses
indicated below:
If to the City: City of El Segundo
350 Main Street
El Segundo, California 90245
Attn: Director of Planning and Building Safety
With a copy to: Jenkins & Hogin, LLP
1230 Rosecrans Avenue, Suite 110
Manhattan Beach, CA 90266
Attn: Mark Hensley
If to Developer: Realty Associates Advisors, LLC
1301 Dove Street, Suite 860
Newport Beach, CA 92660
Attn: Cliff Chandler
With a copy to: 898 Sepulveda Associates, LLC
4 Park Plaza, Suite 700
Irvine, CA 92614
Attn: David Drake
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Any party may, from time to time, by written notice to the other, designate a
different address which shall be substituted for the one above.
20. Severability and Termination. If any provision of this Agreement is
determined by a court of competent jurisdiction to be invalid or unenforceable, or
if any provision of this Agreement is superseded or rendered unenforceable
according to any law which becomes effective after the Effective Date, the
remainder of this Agreement shall be effective to the extent the remaining
provisions are not rendered impractical to perform, taking into consideration the
purposes of this Agreement.
21. Time of Essence. Time is of the essence for each provision of this
Agreement of which time is an element.
22. Force Majeure. In the event of changed conditions, changes in
local, state or federal laws or regulations, floods, delays due to strikes, inability to
obtain materials, civil commotion, fire, or other circumstances which
substantially interfere with carrying out the Project, as approved by the City, or
with the ability of either party to perform its obligations under this Agreement,
and which are not due to actions of Developer and are beyond its reasonable
control, the parties agree to bargain in good faith to modify such obligations to
achieve the goals and preserve the original intent of this Agreement.
23. Waiver. No waiver of any provision of this Agreement constitutes a
waiver of any other provision, whether or not similar; nor does any such waiver
constitute a continuing or subsequent waiver of the same provision. No waiver is
binding, unless it is executed in writing by a duly authorized representative of the
party against whom enforcement of the waiver is sought.
24. Entire Agreement. This Agreement contains the entire agreement
between the Parties regarding the subject matter hereof, and all prior agreements
or understandings, oral or*written, are hereby merged herein. This Agreement
cannot be amended, except as expressly provided herein.
25. R_ elationship of the Parties. Each party acknowledges that, in
entering into and performing under this Agreement, it is acting as an independent
entity and not as an agent of any of the other Party in any respect. Nothing
contained herein or in any document executed in connection herewith may be
construed as creating the relationship of partners, joint ventures or any other
association of any kind or nature between City and Developer, jointly or severally.
26. Rules of Construction. The captions and headings of the various
sections and subsections of this Agreement are for convenience of reference
only, and they do not constitute a pact of this Agreement for any other purpose or
affect interpretation of the Agreement. Should any provision of this Agreement be
found to be in conflict with any provision of the Project Approvals or the
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Subsequent Approvals, the provisions of this Agreement shall prevail over the
Project Approvals.
27. Constructive Notice and Acceptance. Every person who, now or
hereafter, owns or acquires any right, title or interest in or to any portion of the
Project Site is conclusively deemed to have consented and agreed to every
provision contained herein, whether or not any reference to this Agreement is
contained in the instrument by which such person acquired such right, title or
interest in the Project Site.
28. No Third Party Beneficiaries. This Agreement is made and entered
into for the sole protection and benefit of the Parties and their successors and
assigns. No other person has any right of action based upon any provision of this
Agreement.
29. Incorporation of Exhibits. The following Exhibits are part of this
Agreement and each of which are incorporated herein by this reference:
Exhibit A -1 Legal Description of Parcel 1
Exhibit A -2 Legal Description of Parcel 2
Exhibit B Description of the Projects
Exhibit C Form of Assignment and Assumption
30. Entire Agreement Conflicts. This Agreement represents the entire
agreement of the parties. Should any or all of the provisions of this Agreement be
found to be in conflict with any provision or provisions found in the Project
Approvals, Applicable Rules, or Subsequent Applicable Rules, then the
provision(s) of this Agreement prevail.
31. Release Upon Transfer. Upon the sale or transfer of the Developer's
interest in any portion of the Property, except as otherwise provided herein,
Developer is released from its obligations with respect to the portion so sold or
transferred subsequent to the effective date of the sale or transfer and the City's
sole remedy is against the assignee or its successor or assign, provided that (i)
Developer is not in breach of this Agreement at the time of the sale or transfer
and (ii) before the sale or transfer, Developer delivers to City a written assignment
and assumption agreement in the four attached hereto as Exhibit "C," duly
executed by the purchaser or transferee and notarized by a notary public,
whereby the purchaser or transferee expressly assumes the obligations of
Developer under this Agreement with respect to the sold or transferred portion of
the Property. Failure to provide a written assumption agreement hereunder does
not negate, modify or otherwise affect the liability of the purchaser or transferee
pursuant to this Agreement. Nothing contained herein may be deemed to grant to
City discretion to approve or deny any such sale or transfer.
14
067
32. Hold Harmless. The Developer hereby agrees to and must defend,
protect, save and hold the City and its elected and appointed boards,
commissions, officers, agents and employees harmless from any and all claims,
costs, losses, fines, penalties, demands, injuries, judgments and /or liabilities for
any damages arising out of, or resulting from, the City's approval of this
Agreement or either party's performance pursuant to this Agreement; provided,
however, that the Developer is not required to indemnify the City from its
negligence or willful misconduct; and further provided that the Developer may
elect to legally challenge the City's implementation or interpretation of this
Agreement.
33. Joint Preparation. This Agreement is deemed to have been prepared
jointly and equally by the Parties, and it cannot be construed against any party on
the ground that the Party prepared the Agreement or caused it to be prepared.
34. Governinq Law and Venue. This Agreement is made, entered into,
and executed in the County of Los Angeles, California, and the laws of the State
of California govern its interpretation and enforcement. Any action, suit or
proceeding related to, or arising from, this Agreement must be filed in the
appropriate court having jurisdiction in the County of Los Angeles.
35. Counterparts. This Agreement may be executed in multiple
counterparts, each of which is deemed an original, but all of which constitute one
and the same instrument.
IN WITNESS WHEREOF, the Parties have each executed this Agreement of
the date first written above
CITY OF EL SEGUNDO
ATTEST:
Mayor
Cindy Mortesen, City Clerk
Approved as to form:
Mark D. Hensley, City Attorney
15
068
By:
Name:
Its"
16
REALTY ASSOCIATES ADVISORS,
LLC, a Delaware limited liability
company
Nresident
069
EXHIBIT A -1
LeLyal Description of Parcel 1 (898 North Sepulveda Boulevard)
Parcel 1 of Parcel Map No. 11008, in the City of El Segundo, County of Los Angeles, State of
California, as shown on the Map filed in Book 123, Page 1 of Parcel Map in the Office of the
County Recorder of said County.
EXHIBIT A -1
-I-
EXHIBIT A -2
LeLyal Description of Parcel 2
(888 North Sepulveda Boulevard and 892 North Sepulveda Boulevard)
Parcel 2 of Parcel Map No. 11008, in the City of El Segundo, County of Los Angeles, State of
California, as shown on the Map filed in Book 123, Page 1 of Parcel Maps, in the Office of the
County Recorder of said County.
EXHIBIT A -2 0 71
-I-
EXHIBIT "B"
Description of Project
The Project consists of the development of an office building ten (10) stories or less, but
not to exceed 200 feet in height, consisting of a maximum of eighty eight thousand eight
hundred and forty seven (88,847) square feet with a Floor Area Ratio ( "FAR ") of 0.8.,
with parking provided by the existing parking structure located on Parcel 2, with an
additional 17 surface parking stalls. The existing "Park and Ride" business would be
permanently revoked and the use would be discontinued upon the issuance of a
Certificate of Occupancy for the first tenant improvement associated with the Project,
provided that the occupancy of a building management /leasing office will not trigger
such revocation.
EXHIBIT "B"
072
EXHIBIT "C"
ASSIGNMENT AND ASSUMPTION
This Assignment and Assumption is entered into as of this _ day of
2011, by and between Realty Advisors Associates, LLC, A Delaware Limited Liability
Company ( "Assignor ") and ( "Assignee ") with respect to the
following facts:
RECITALS:
A. Assignor is the "Developer" with respect to that certain Development
Agreement dated , (the "Development Agreement ") by and between
Assignor and the City of El Segundo, a city in the State of California ( "City ").
B. The Development Agreement pertains to that certain real property located
in the City consisting of 888, 892 and 898 North Sepulveda Boulevard (collectively, the
"Site ").
C. By this Assignment and Assumption, Assignor desires to assign all its
right, title and interest in and to the Development Agreement to Assignee and Assignee
desires to assume all of Developer's interest and obligations with respect to the
Development Agreement.
NOW, THEREFORE, for good and other valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Assignor and Assignee hereby agree as
follows:
1. Assignment of Development Agreement. Assignor hereby grants, assigns,
transfers, conveys and delivers to Assignee all of its right, title and interest in and to the
Development Agreement and Assignee hereby accepts such assignment.
2. As -Is; Non - Recourse. Assignee hereby acknowledges and represents that
Assignee has had a full and complete opportunity to evaluate the Development
Agreement and the Site. Assignee acknowledges and represents that Assignee accepts
the assignment of Assignor's interest in the Development Agreement on an "AS IS" basis,
without any recourse to Assignor, and without any representation or warranty of any kind
with respect to the terms and conditions of the Development Agreement and /or the
obligations of "Developer" under the Development Agreement.
3. Assumption of Obligations. By acceptance of this Assignment, Assignee
hereby assumes and agrees to perform and to be bound by all the terms, conditions,
covenants and obligations imposed upon or assumed by Assignor under the Development
Agreement.
EXHIBIT "C" 0 7 v
4. Miscellaneous.
(a) Notices. All notices or other communications provided for or
permitted hereunder shall be made in writing by hand - delivery, or pre -paid first -class
mail:
If to Assignor: Realty Advisors Associates, LLC,
A Delaware Limited Liability
Company
If to Assignee:
ALL SUCH NOTICES AND COMMUNICATIONS SHALL BE DEEMED TO HAVE
BEEN DULY GIVEN: WHEN DELIVERED BY HAND, IF PERSONALLY
DELIVERED; AND TWO BUSINESS DAYS AFTER BEING DEPOSITED IN THE
MAIL, POSTAGE PRE -PAID, IF MAILED AS AFORESAID. ANY PARTY MAY
FROM TIME TO TIME, BY WRITTEN NOTICE TO THE OTHER, DESIGNATE A
DIFFERENT ADDRESS WHICH SHALL BE SUBSTITUTED FOR THAT
SPECIFIED ABOVE.
(b) Captions and Headings. The captions and headings in this
Assignment for convenience of reference only and shall not limit or otherwise affect the
meaning hereof.
(c) Time of Essence. Except as otherwise provided herein, time is of
the essence with respect to all provisions of this Assignment in which a definite time for
performance is specified; provided, however, that the foregoing shall not be construed to
limit or deprive a party of the benefit of any grace period provided for in this
Assignment.
(d) Interpretation and Governing Law. This Assignment shall be
governed by and construed in accordance with the internal laws of the State of California
applicable to agreements made and to be performed within the state. The provisions of
this Assignment shall be interpreted in a reasonable manner to effect the purpose of the
parties and this Assignment. Accordingly, any rule of law (including California Civil
Code Section 1654) or legal decision that would require interpretation of any ambiguities
in this Assignment against the party that has drafted it is not applicable and is waived.
(e) Waiver of Jury Trial. The parties hereby waive their respective
right to trial by jury of any cause of action, claim, counterclaim or cross - complaint in any
action, proceeding or hearing brought by a party hereto or its successors and assigns on
any matter whatsoever arising out of, or in any way connected with, this Assignment, the
relationship of the parties hereto, or the enforcement of any remedy under any law,
statute, or regulation, emergency or otherwise, now or hereafter in effect.
(f) Severability. In the event that any one or more of the provisions
contained herein, or the application thereof in any circumstances, is held invalid, illegal
or unenforceable in any respect for any reason, the validity, legality and enforceability of
EXHIBIT "C" 074
any such provision in every other respect and of the remaining provisions hereof shall not
be in any way impaired or affected, it being intended that all other rights and privileges
shall be enforceable to the fullest extent permitted by law.
(g) Attorneys' Fees. In any action or proceeding brought to enforce or
interpret any provision of this Assignment, or where any provision hereof is validly
asserted as a defense, the prevailing party shall be entitled to recover actual attorneys'
fees and all other litigation costs including without limitation costs awardable pursuant to
California Code of Civil Procedure Section 1033.5 and amounts payable to expert
witnesses ( "Costs ") in addition to any other available remedy. In addition to the fees and
Costs recoverable under the preceding sentence, the parties agree that the prevailing party
shall be entitled to recover actual attorneys' fees and Costs incurred in connection with
the enforcement of a judgment arising from such action or proceeding.
(h) Entire Agreement. This Assignment is intended by the parties as a
final expression of their agreement and is intended to be a complete and exclusive
statement of the agreement and understanding of the parties hereto in respect of the
subject matter contained herein. This Assignment supersedes any and all prior
restrictions, promises, representations, warranties, agreements, understandings and
undertakings between the parties with respect to such subject matter and there are no
restrictions, promises, representations, warranties, agreements, understandings or
undertakings with respect to such subject matter other than those set forth or referred to
herein.
(i) Waiver. No delay on the part of any party hereto in exercising any
right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver
on the part of any party hereto of any right, power or privilege hereunder operate as a
waiver of any other right, power or privilege hereunder, nor shall any single or partial
exercise of any right, power or privilege hereunder preclude any other or further exercise
thereof or the exercise of any other right, power or privilege hereunder.
0) Amendments. Neither this Assignment nor any term hereof may
be changed, waived, discharged or terminated orally or in writing, except that any term of
this Assignment may be amended by a writing signed by the parties, and the observance
of any such term may be waived (either generally or in a particular instance and either
retroactively or prospectively) by a writing signed by the party against whom such waiver
is to be asserted.
(k) Successors and Assigns. This Assignment shall inure to the
benefit of and be binding upon the successors and permitted assigns of each of the
parties.
(1) No Third Party Beneficiaries. Nothing expressed or mentioned in
this Assignment is intended or shall be construed to give any person, other than the
parties hereto and their respective successors and assigns, any legal or equitable right,
remedy or claim under or in respect of this Assignment or any provisions herein
contained, this Assignment and any conditions and provisions hereof being intended to be
EXHIBIT "C" 075
and being for the sole and exclusive benefit of the parties hereto and their respective
successors and assigns, and for the benefit of no other person.
(m) Counterparts. This Assignment may be executed in any number of
counterparts and by the parties hereto in separate counterparts, each of which when so
executed shall be deemed to be an original and all of which taken together shall constitute
one and the same agreement.
5. Facsimile. This Assignment may be executed by a party's signature
transmitted by facsimile ( "fax "), and copies of this Assignment executed and delivered by
means of faxed signatures shall have the same force and effect as copies hereof executed
and delivered with original signatures. All parties hereto may rely upon faxed signatures
as if such signatures were originals. Any party executing and delivering this Assignment
by fax shall promptly thereafter deliver a counterpart signature page of this Assignment
containing said party's original signature. All parties hereto agree that a faxed signature
page may be introduced into evidence in any proceeding arising out of or related to this
Assignment as if it were an original signature page.
"ASSIGNOR" Realty Advisors Associates, LLC, A
Delaware Limited Liability Company
By:
Name:
Its:
"ASSIGNEE"
EXHIBIT "C" 07 f j
EL SEGUNDO CITY COUNCIL MEETING DATE: April 19, 201 1
AGENDA STATEMENT AGENDA HEADING: Mayor Eric Busch
AGENDA DESCRIPTION:
Consideration and possible action regarding the closure of the United States Post Office facility
located at 200 Main Street. Fiscal Impact: None.
RECOMMENDED COUNCIL ACTION:
1. Direct Staff to monitor the status of the Post Office's determination and report to City Council.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS: None
FISCAL IMPACT: None
Amount Budgeted: $ N/A
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: Mayor Eric Busch
REVIEWED BY:
APPROVED BY: Greg Carpenter, Acting City Manager
BACKGROUND AND DISCUSSION:
The owner of the property that currently houses the Post Office has notified the Mayor and city
staff that he has been unable to negotiate a lease extension with the US Postal Service. The current
lease is scheduled to expire in July of 2011 unless extended. In an effort to better understand the
situation and see if the City could be of any assistance, staff has discussed the matter with Postal
Service representatives and, the Mayor and staff have met with Eduardo Ruiz who is the Postal
Service District Manager for the Los Angeles District. The pertinent facts and issues are as
follows:
• Due to the financial difficulties they are experiencing, the Postal Service now evaluates the
viability of every facility each time a lease comes up for renewal.
• The lease at the 200 Main Street facility is scheduled to expire in several months and the
Postal Service is unwilling to pay the lease rate proposed by the property owner. To date,
the Postal Service has not submitted a written counter -offer to the property owner's
proposed lease rate.
• The Postal Service owns another sorting and office (non - public) facility in El Segundo
located at 2130 East Mariposa Avenue (across the street from the Campus El Segundo
Athletic fields).
• The Postal Service believes a portion of the East Mariposa facility could be converted to
retail /public counter space to replace the current Main Street location.
• Should the Postal Service determine that the Main Street facility could be closed and
replaced by a modified location on Mariposa, the City would be notified and public input
would be sought to determine the impacts of the closure.
Based on the facts of the matter, and the lack of progress being made between the Postal Service
and the property owner, it is possible that the Main Street location could close around the end of
this year. Staff will continue to monitor the situation and report back to the City Council with any
significant changes.
-2- 078
EL SEGUNDO CITY COUNCIL MEETING DATE: April 19, 2011
AGENDA STATEMENT AGENDA HEADING: Council Reports
AGENDA DESCRIPTION:
Consideration and possible action to: (1) review the Wiseburn School District's ( "WSD ")
proposed acquisition of property within the City of El Segundo to be utilized for
unspecified school /classroom purposes; (2) direct staff regarding the Council's position
regarding the potential acquisition; and (3) direct staff to continue to review and monitor
WSD's activities and report significant events to the Council. (Fiscal Impact: Unknown
at this time)
RECOMMENDED COUNCIL ACTION:
1. Review WSD's proposed acquisition of property within the City of El Segundo to be
utilized for unspecified school /classroom purposes; direct staff regarding the
Council's position regarding the potential acquisition; and direct staff to continue to
review and monitor WSD's activities and report back to Council regarding this
matter.
2. Alternatively, take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
January 12, 2011 Letter from WSD
WSD Meeting Agenda of April 8, 2011
Maps of parcels listed on WSD Meeting Agenda
FISCAL IMPACT: Undetermined
Amount Budgeted: $
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: Eric Busch, Mayor
REVIEWED BY:
APPROVED BY: Greg Carpenter, Acting City Manager
BACKGROUND AND DISCUSSION:
The City has received documents from WSD stating that WSD is attempting to acquire property
in the City of El Segundo for school /classroom purposes (See attached documents). Based upon
oral communications I have received it appears that the WSD desires to build a high school
facility. However, it is my understanding that at this time WSD is not a unified school district
and does not have the authority to build a high school facility and that there is a process that
needs to be undertaken that involves the Centinela Valley Union High School District and the
State Board of Educations before WSD can become a unified school district.
I am concerned about the fiscal and other impacts (traffic, burden on City provided services such
as public safety services, etc.) that the proposed WSD facility may have on the City of El
Segundo. I would like to the hear how the other Council Members feel about these issues and
recommend that we direct staff to further review this matter and monitor WSD's activities and
report back to Council regarding this matter
KILIC
079
January 12, 2011.
TIIA FACSIMILE
AND FIRST CLASS MAIL
Jack Wayt, City Manager
CITY OF EL SEGUNDO
350 Main Street
El Segundo, California 90245
WISEBURN SCHOOL DISTRICT
Tom Johnstone, Ed.D., Superintendent
Board of Trustees
Dennis Curtis, President • Nelson Martinez, Clerk
Susan Andriacchi, Member • Roger Banuelos, Member • Israel Mora, Member
Juan De Anza • Peter Burnett • Juan Cabrillo • Richard Henry Dana
Re: Wiseburn School Distriet Exem tion from ZOUif[21 Code
Dear Mr. Wayt:
The purpose of this correspondence is to provide the City of El Segundo ( "City ") with a copy of the resolution
adopted by the Wiseburn School District ( "District ") on. January 11, 2011. The purpose of the resolution is to
exempt classroom facilities at the District's future school site from the City's Zoning Code. At this time the
District does not have a specific site chosen; however it anticipates acquiring a site within the City, likely in the
eastern portion of the City, in the near future. In order to provide the City with notice of its intent to acquire a
new school site and. begin the process early, the District is taking th.is step of exempting the classroom facilities
from the City's Zoning Code now. The construction of new school facilities will serve an important educational
purpose for the District and the City, and the District looks forward to working with the City in the future.
Please do not hesitate to contact me with any questions or if you would like to discuss this matter further
Very truly yours,
Toni Johnston t, Superintenden
Enclosure
13530 Aviation Boulevard • Hawthorne, California 90250 • 310.643.3025 • Fax 310.643.7659 080
RESOLUTION NO. 10/11.11
RESOLUTION OF THE BOARD OF EDUCATION OF THE WISEBURN SCHOOL
DISTRICT RENDERING LOCAL ZONING ORDINANCES INAPPLICABLE TO
FUTURE DISTRICT CLASSROOM FACILITIES
WHEREAS, the Wiseburn School District ( "District ") proposes to acquire property within
the City of El Segundo for a new school site ( "Future School Site "); and
WHEREAS, the.Distriet proposes to construct school facilities upon the Future School Site
(the "Project "); and
WHEREAS, the Project will include the construction of classroom buildings, athletic
facilities, and school support facilities; and
WHEREAS, Government Code section 53094 provides that a school district, by a vote of
two - thirds of its Board of Education ( "Board ") members, may render city or county zoning
ordinances inapplicable to a use of property by such school district when such use is not for non -
classroom facilities; and
WHEREAS, purpose of the Project is in fact related to the District's school classroom
facilities needs, as defined in Government Code section 53094; and
WHEREAS, the District has balanced the interests of the public, including those of the
District and those of the City of El Segundo, and has determined that the interests of the public are
best served by the planning and completion of the Project at the Future School Site; and
NOW, THEREFORE, the Board of Education of the Wiseburn School District does hereby
find, resolve, determine, and order as follows:
Section 1. That all of the recitals set forth above are true and correct, and the Board so
Finds and determines.
Section 2. That the District hereby renders inapplicable any and all City of El Segundo
zoning ordinances which would otherwise be applicable to the Project, to the extent the Project does
not pertain to non- classroom facilities as defined in Government Code section 53094.
Section 3. That the District's Superintendent or his designee is further directed to give
written notice of the adoption of this Resolution to the City of El Segundo as required by
Government Code section 53094, within ten (10) days of this action.
Section 4. That this resolution shall be effective as of the date of its adoption.
0$I
APPROVED, PASSED AND ADOPTED by the Board of Education of the Wiseburn
School District this 11'x' day of January, 2011, by the following vote:
AYES:
NOES:
ABSENT: p
ABSTAINED: p
1, Dennis Curtis, President ofthe Board of Education of Wiseburn School District, do hereby
certify that the foregoing is full, true, and correct copy of the Resolution passed and adopted by said
Board at a regularly scheduled and conducted meeting held on said date, which Resolution if on file
in office of said Board.
President of the Bo, A of Education
Wiseburn School District
1, Nelson Martinez, Clerk of the Board of Education of the Wiscburn School District, do
hereby certify that the foregoing Resolution was regularly introduced and adopted by the Board of
Education of the Wiseburn School District at a regular meeting thereof held on the 11"' day of
January, 2011, by the above described vote of the Board;
Clerk o th Board of Lduc lion
Wiseburn School District
05098.00007n 712329v i
-2-
08
WISEBURN SCHOOL DISTRICT
Regular Board Meeting
Friday, April 8, 2011
13530 Aviation Blnrl., Hawthorne CA
Boardroom
7:15 a.m. - Closed Session
CALL TO ORDER
a.m.
Members present:
Dennis Curtis, President
Nelson Martinez, Clerk
Susan Andriacchi, Member
Roger Banuelos, Member
Israel Mora, Member
Administration present:
Tom Johnstone, Superintendent
7'om Cox, Chief Business Official
OPEN SESSION
Pledge of Allegiance to the .Flag
CLOSED SESSION
• Adjourn to Closed Session
a.m.
• Conference with Real Property Negotiator(s)
District Negotiators — Dr. Tom .Johnstone and Mr. Tom Cox
Property — Los Angeles County Assessor Parcel Nos. --
4138- 030 -009, 4138- 030 -011, 4138 -030 -092,
4138- 030 -093, 4138- 030 -017
4138- 008 -018,
4138- 008 -019
4138 - 008 -002
Under Negotiation — Price and Terms
• Reconvene to Regular Session
a.m.
Declaration of Closed Session discussion /action
ADJOURNMENT
a.m.
Moved Seconded Vole
083
920
1,
901
8
N
555
W
Q
Z
ii
700
650
0
N
N
550 I M
N
500
630
G ^ 615
N iy
N N
E MARIPOSA AVE
c
400
445
320
085