2014 Apr 15 - CC PACKETAGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, APRIL 15, 2014 - 5:00 PM
5:00 PM SESSION CANCELLED - NO ITEMS TO DISCUSS
REGULAR MEETING AT 7:00 PM
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 sue.) for the purposes of
conferring with the City's Real Property Negotiator; and /or conferring with the City
Attorney on potential and /or existing litigation; and /or discussing matters covered under
Government Code Section §54957 (Personnel); and /or conferring with the City's Labor
Negotiators; as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(d) (3): -0- matter
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(d) (2) and (3):
-0- matter.
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
E
AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, APRIL 15, 2014 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — John Svendsen, Pastor, First Baptist Church
PLEDGE OF ALLEGIANCE — Council Member Fuentes
3
PRESENTATIONS
a. Proclamation — Saturday, May 3, 2014 Floyd Carr Jr. Day in El Segundo.
b. Presentation and recognition of the Election poll workers and Election night
workers for their valuable services rendered to The City of El Segundo during the
April 8, 2014 Municipal Election.
ROLL CALL
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
CITY COUNCIL COMMENTS — (Related to Public Communications)
A. PROCEDURAL MOTIONS
Consideration of a motion
Agenda by title only.
Recommendation — Approval.
to read all ordinances and resolutions on the
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for
discussion of an item is made, the item(s) will be considered individually under the next heading of
business.
ll
M
1. Warrant Numbers 3000001 — 3000202 on Register No. 13 in the total amount
of $832,362.38 and Wire Transfers from 3/16/2014 through 3/30/2014 in the
total amount of $837,634.00.
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. Special City Council Meeting Minutes of March 26, 2014, Regular City
Council Meeting Minutes of April 1, 2014 and Special City Council Meeting
of April 4, 2014.
Recommendation — Approval.
3. Consideration and possible action regarding the adoption of Ordinance No.
1494 for a Zone Change from the Corporate Office (CO) Zone to the 888
North Sepulveda Boulevard Specific Plan (888 NSBSP) Zone, a Zone Text
Amendment, a Specific Plan, and a Development Agreement on the site
located at 888 North Sepulveda Boulevard. Applicant: The Realty
Associates Fund IX, L.P. c/o Barnard Ventures, LLC.
(Fiscal Impact: N /A)
Recommendation — 1) Waive second reading and adopt Ordinance No. 1494; 2)
Alternatively, discuss and take other possible action related to this item.
6i
4. Consideration and possible action to adopt a resolution pursuant to Public
Contracts Code §20168 finding that an emergency existed within the City,
ratifying the action of the City Manager and authorizing the City Manager to
retroactively approve a contract in a from approved by the City Attorney
with John Phillips Plumbing to replace a hot water boiler at the Park Vista
Apartments without the need for bidding in accordance with Public
Contracts Code §§ 20168 and 22050 and El Segundo Municipal Code
( "ESMC ") § 1 -7 -12 and 1 -7A-4 and find that the project is exempt from
review under the California Environmental Quality Act as an emergency
repair.
(Fiscal Impact: $8,532.00)
Recommendation — 1) Adopt a Resolution finding that an emergency existed and
waiving bidding requirements pursuant to Public Contracts Code §§ 20168 and
22050 and ESMC §§ 1 -7 -12 and 1 -7A -4; 2) Authorize the City Manager to
execute a maintenance contract with prevailing wages, in a form approved by the
City Attorney, John Phillips Plumbing for the replacement of a hot water boiler at
the Park Vista Apartments; 3) Find that the project is exempt from review under
the California Environmental Quality Act of 1970, as amended, Public Resources
Code section 21000 et seq. ( "CEQA ") pursuant to Section 15269, subdivision (a)
of the CEQA guidelines; 4) Alternatively, discuss and take other possible action
related to this item.
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
I. REPORTS — CITY CLERK
5. Consideration and possible action reciting the fact of the General Municipal
Election held on April 8, 2014.
Fiscal Impact: None)
Recommendation — 1) Read Resolution by title only; 2) Adopt Resolution; 3)
Comments from Seated Council; 4) Alternatively, discuss and take other possible
action related to this item.
no
C:
6. Consideration and possible action regarding the administering of the Oath
of Office to the Council Members Elect.
(Fiscal Impact: None)
Recommendation — 1) Clerk presents Certificate of election and administers oath
of office to Council Members elect; 2) Comments from newly seated Council
Members; 3) Alternatively, discuss and take other possible action related to this
item.
7. Consideration and possible action regarding election of Mayor and Mayor
Pro Tern by seated Council Members.
(Fiscal Impact: None)
Recommendation — 1) Clerk receives nominations for Mayor; 2) Mayor receives
nominations for Mayor Pro Tem; 3) Alternatively, discuss and take other possible
action related to this item.
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer —
8. Consideration and possible action to discuss the salary and benefits that
the City Council members receive and whether such should be reduced or
eliminated either voluntarily or through formal action.
Fiscal Impact: varies based onoptions)
Recommendation — 1) Discuss the salary and benefits that the Council members
receive and whether such should be reduced or eliminated either voluntarily or
through formal action; 2) Determine what type of action should be taken and /or
direct staff to undertake further research and tasks related to this matter and
prepare documents for Council consideration as applicable; 4) Alternatively,
discuss and take other possible action related to this item.
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.
7
7
MEMORIALS —
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §64960, � 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.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
I NNA
DATE: 4./o. *
TIME:
NAME:
Is
rorlamatt'011 Citp of Q1I Oegunbo, California
WHEREAS, Floyd Carr Jr., born and raised in El Segundo, California, served his
community well for many years as an enthusiastic and hardworking
member of many civic, church and charitable organizations, has held
responsible positions to many boards and organizations, and has been a
powerful influence for good in the growth and progress of the
community; and
WHEREAS, Floyd Carr has served the community with distinction in a long list of
public appointments and elected offices, and his performance of the duties
and responsibilities as a former Mayor and member of the City Council has
been characterized by extraordinary contributions to municipal government
in our city; and
WHEREAS, throughout his career, Floyd Carr Jr. has demonstrated his willingness to
place his concern for the public good ahead of his personal interests, which
has earned him the respect of other civic leaders and the affection of a host
of area residents who are proud to have called him "friend "; and
WHEREAS, On January 17, 2014 the City of El Segundo lost a fearless leader. Floyd's
record of community services was remarkable and unreplaceable.
NOW, THEREFORE, the Mayor and members of the City Council of the City of El
Segundo, California, do hereby proclaim Saturday, May 3, 2014 as FLOYD CARR JR.
DAY in El Segundo and encourage the community to celebrate this day in honor of Mr.
Carr.
Mayor Bill (Fisher
Wa y or (Pro Tem Cadjacobson Couneil9kiember Suzanne 'Fuentes
CouncilMemder Dave -At kinson Counci[Wem6erJKarie Teffhauer
9
Presentation
Recognition of the Election poll workers and Election night workers for their
valuable services rendered to The City of El Segundo during the April 2014
Municipal Election.
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11
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
03/16/14 THROUGH 03/30/14
Date
Payee
Amount
Description
3/18/2014
State of CA EFT
2,642.60
EFT Child support payment
3/18/2014
Cal Pers
116,125.85
EFT Retirement Misc (Chase)
3/18/2014
Cal Pers
248,190.57
EFT Retirement Safety (Chase)
3/18/2014
Cal Pers
1,398.39
EFT Retirement Safety - Police (Chase)
3/18/2014
Cal Pers
6,617.17
EFT Retirement Misc (Chase)
3/20/2014
Health Comp
1,193.91
Weekly claims
3/20/2014
Lane Donovan Golf Ptr
20,299.10
Payroll Transfer
3/26/2014
Cal Pers
512.40
J. Quaintance Contribution Arrears
3/27/2014
Health Comp
2,486.11
Weekly claims
3/27/2014
IRS
248,170.77
Federal 941 Deposit
3/27/2014
Employment Development
53,064.94
State PIT Withholding
3/27/2014
Employment Development
3,838.81
State SDI payment
3/28/2014
State of CA EFT
2,642.60
EFT Child support payment
3/28/2014
Manufacturers & Traders
23,872.27
457 payment Vantagepoint
3/28/2014
Manufacturers & Traders
477.31
IRA payment Vantagepoint
3/28/2014
Manufacturers & Traders
5,663.87
401 payment Vantagepoint
3/28/2014
US Bank - Trust Acct
7,993.40
PARS payment
3/28/2014
South Bay Credit Union
14,570.38
Payroll credit union deduction pmt
3/28/2014
Nationwide NRS EFT
42,804.65
EFT 457 payment
3/28/2014
Nationwide NRS EFT
1,982.32
EFT 401a payment
03/15/14- 03/21/14
Workers Comp Activity
24,398.60
SCRMA checks issued
03/22/14- 03/28/14
Workers Comp Activity
8,687.98
SCRMA checks issued
837,634.00
DATE OF RATIFICATION: 03/31/14
TOTAL PAYMENTS BY WIRE:
837,634.00
Certified as to the accuracy of the wire transfers by:
Deputy City Treas er II Date
Direct f Fin a Date
City Ta n er Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
PACity Treasurer \Wire Transfers \Wire Transfers 10 -01 -13 to 9 -30 -14 4/9/2dt4 1/1
SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
WEDNESDAY, MARCH 26,2014,5:00 P.M.
CALL TO ORDER — Mayor Fisher at 5:00 p.m.
ROLL CALL
Mayor Fisher -
Present
Mayor Pro Tem Jacobson -
Present
Council Member Fuentes -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
Present
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30
minute limit total). Individuals who have received value of $50 or more to communicate to the City
Council on behalf of another, and employees speaking on behalf of their employer, must so identify
themselves before addressing the City Council. Failure to do so is a misdemeanor and punishable
by a fine of $250.
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:
1. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6):-8- matters
Agency Designated Representative: City Manager
Employee Organizations: Police Management Association; Police Officers Association;
Police Support Services Employees Association; Fire Fighters Association; Supervisory
and Professional Employees Association; Employees Association; Executive
Management (unrepresented employees); Management/Confidential (unrepresented
employees)
2. PUBLIC EMPLOYEE APPOINTMENT - GOVERNMENT CODE § 54957
Title:
City Attorney
Council moved to open session at 6:42 p.m.
A. SPECIAL ORDER OF BUSINESS (OPEN SESSION):
Mark D. Hensley was originally appointed City Attorney in August 1996. In September
2004, the Mr. Hensley joined the Jenkins & Hogin and the City entered into a professional
services agreement with Jenkins & Hogin and Mr. Hensley continued to serve as the City
Attorney. Mr. Hensley is leaving Jenkins & Hogin at the end of April 2014. 2
13
It is recommended that the City Council:
1. Continue the appointment of Mr. Hensley as City Attorney beyond April 30, 2014;
2. Authorize the Mayor to execute an agreement with the Hensley Law Group on the
same terms and conditions and the existing agreement with Jenkins & Hogin to take
effect May 1, 2014; and /or
3. Take such additional, related, action that may be desirable.
MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fuentes to
continue the appointment of Mr. Hensley as City Attorney beyond April 30, 2014 and
authorize the Mayor to execute Agreement No. 4576 with the Hensley Law Group on the
same terms and conditions and the existing agreement with Jenkins & Hogin to take effect
May 1, 2014. Also to provide notice of termination to Jenkins & Hogin regarding attorney
services. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
ADJOURNMENT at 6:46 p.m.
Cathy Domann, City Clerk
2
14
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, APRIL 1, 2014 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER — Mayor Fisher at 5:00 PM
ROLL CALL
Mayor Fisher -
Present
Mayor Pro Tem Jacobson -
Present
Council Member Fuentes -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
Present - Absent
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:
Mayor Fisher announced that Council would be meeting in closed session pursuant to
the items listed on the agenda.
CLOSED SESSION:
The City Council - moved - into -a closed session pursuant-to - applicable- laVVjncluding -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(d) (3): -3- matter
1. City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279
2. Springfield vs. City of El Segundo, et.al. LASC Case No. YC067789
3. Moore vs. City of El Segundo, LASC Case No. BC537712
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
MINUTES OF THE REGULAR CITY COUNCIL MEETING
APRIL 1, 2014
PAGE NO. 1
15
Significant exposure to litigation pursuant to Government Code §54956.9(d) (2) and (3):
-0- matter.
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 vv ITH CITY'S LABOR N EGOTIATOR (Gov't Code §54957.6): -S-
matters
Agency Designated Representative: City Manager
Employee Organizations: Police Management Association; Police Officers Association;
Police Support Services Employees Association; Fire Fighters Association; Supervisory
and Professional Employees Association; City Employees Association; Executive
Management Group (Unrepresented Group); Management/Confidential Group
(Unrepresented Group)
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
Adjourned at 6:50 PM
MINUTES OF THE REGULAR CITY COUNCIL MEETING
APRIL 1, 2014
PAGE NO. 2
16
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, APRIL 1, 2014 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Fisher
INVOCATION — Rev. Dina Ferguson, St. Michael Episcopal
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Jacobson
PRESENTATIONS
a. Proclamation read by Council Member Fuentes and presented to Raquel
Gonzales, Donor Mother and Ambassador, declaring April 2014 as DMV /National
Donate Life Month.
b. Proclamation read by Mayor Fisher April 23, 2014 Denim Day for Sexual Assault
Awareness Month.
ROLL CALL
Mayor Fisher -
Present
Mayor Pro Tern Jacobson -
Present
Council Member Fuentes -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
Present - Absent
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.
Liz Garnholz, resident, spoke regarding vote by mail ballots, controls for ensuring that
not more than one ballot is counted, and sample ballot mailing.
Mike Briney, residents, spoke in support of SCROC funding.
Patricia Morales and Maggie Walsh, spoke on the Relay of Life event and presented
an Award and Plaques to Council. Also requested that the City waive City related fees
for the event.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
APRIL 1, 2014
PAGE NO. 3
17
Marc Rener, resident, spoke regarding Council comments to residents during meetings,
downtown parking, and employee compensation.
Sam Pena, Consolidated Disposal Services, spoke regarding the upcoming shredding
day in El Segundo, and stated that Consolidated would be giving away recycling and
emergency preparedness kits at the event.
CITY COUNCIL COMMENTS — (Related to Public Communications)
Mark Hensley, City Attorney, answered questions regarding duplicate ballots.
Council Member Fuentes requested an item be agenized at a future meeting under her
name regarding SCROC.
CITY COUNCIL COMMENTS — (Related to Public Communications)
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda by title
only.
MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fuentes to
read all ordinances and resolutions on the agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER FELLHAUER ABSENT.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
APRIL 1, 2014
PAGE NO. 4
MR
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
Consideration and possible action to open a public hearing and receive testimony
regarding Environmental Assessment No. EA -997 (Proposed Mitigated Negative
Declaration of Environmental Impacts pursuant to the California Environmental
Quality Act Section 15070 ( "IS /MND "), General Plan Amendment No. GPA 12-
03, Zone Change No. ZC 12 -03, Zone Text Amendment No. ZTA 12 -05, Specific
Plan No. SP 12 -05, Development Agreement No.12 -04, Subdivision No SUB 12-
07 (Vesting Tentative Parcel Map No. 71788), Conditional Use Permit No. CUP
12 -08, Administrative Use Permit No. AUP 13 -11 and Parking Demand Study No.
PDS 12 -06. The project consists of a proposed five -story, 190 —room hotel with
one level of underground parking, containing 72 parking spaces; continued use
of an existing office building; and continued use of an existing parking structure.
If approved, the proposed hotel would be 111,350 - gross- square -foot, a maximum
of 89 feet tall and include 190 rooms. The existing two parcels on the site
(Assessor Parcel Nos. 4138 - 005 -036) would be subdivided into three new
parcels. Each parcel would contain an individual use as follows: (1) five -story
hotel (1.52 acres), (2) office building (0.42 acre), and (3) office /hotel parking and
remote airport parking to serve LAX (1.04 acres). The total floor area ratio (FAR)
for the site would be approximately 1.47. Applicant: The Realty Associates Fund
IX, L.P. (Fiscal Impact: $18,000 annual Development Agreement payment until
Certificate of Occupancy is issued)
Mayor Fisher stated that this was the time and place to conduct a public hearing and
receive testimony to: adopt a Resolution approving the IS /MND (Environmental
Assessment No. EA -997); implementing a Mitigation Monitoring and Reporting Program
(MMRP) and incorporating the errata sheet, amending the General Plan (Amendment
No. 12 -03), and approving Subdivision 12 -07 for Vesting Tentative Parcel Map (VTPM)
71788, Conditional use Permit No. CUP 12 -08, Administrative Use Permit No. AUP 13-
11, and Parking Demand Study No. PDS 12 -06; introduce, and waive first reading, of an
Ordinance for Zone Change No 12 -03, Zone Text Amendment No. 12 -05, Specific Plan
No. 12 -05, and Development Agreement No. 12 -04; c) Schedule second reading and
adoption of Ordinance on April 15, 2014.
Deputy Clerk Domann stated that proper notice had been given in a timely manner and
no written communication was received in the City Clerk's office.
Greg Carpenter, City Manager, introduced the item.
Kimberly Christensen, AICP, Planning Manager gave a presentation and answered
questions.
Mayor Fisher opened the Public Hearing.
Public Input:
MINUTES OF THE REGULAR CITY COUNCIL MEETING
APRIL 1, 2014
PAGE NO. 5
WE
Realty Associates responded to questions.
Mike Robbins, resident, spoke about parking at the hotel.
Marc Rener, resident, spoke about the parking impact on Walnut Ave.
MOTION by Council Member Fuentes, SECONDED by Mayor Pro Tern Jacobson to
close the Public Hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0.
COUNCIL MEMBER FELLHAUER ABSENT
Council Discussion.
Mark Hensley, City Attorney, read by title only:
RESOLUTION NO. 4867
A RESOLUTION APPROVING A MITIGATED NEGATIVE DECLARATION FOR
ENVIRONMENTAL ASSESSMENT NO. EA -997, ADOPTING GENERAL PLAN
AMENDMENT NO. GPA 12 -03 AND APPROVING SUBDIVISION NO. 12 -07 FOR
VESTING TENTATIVE PARCEL MAP NO. 71788, CONDITIONAL USE PERMIT NO.
CUP 12 -08, ADMINISTRATIVE USE PERMIT NO. AUP 13 -11, AND PARKING
DEMAND STUDY NO. PDS 12 -06 FOR THE 888 NORTH SEPULVEDA BOULEVARD
SPECIFIC PLAN PROJECT.
MOTION by Council Member Fuentes, SECONDED by Mayor Pro Tern Jacobson to
adopt Resolution No. 4867 approving the IS /MND (Environmental Assessment No. EA-
997); implementing a Mitigation Monitoring and Reporting Program (MMRP) and
incorporating the errata sheet, amending the General Plan (Amendment No. 12 -03),
and approving Subdivision 12 -07 for Vesting Tentative Parcel Map (VTPM) 71788,
Conditional use Permit No. CUP 12 -08, Administrative Use Permit No. AUP 13 -11, and
Parking Demand Study No. PDS 12 -06 and scheduled second reading and adoption of
Ordinance on April 15, 2014. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0.
COUNCIL MEMBER FELLHAUER ABSENT
Mark Hensley, City Attorney, read by title only:
ORDINANCE NO. 1494
AN ORDINANCE APPROVING SPECIFIC PLAN NO. SP 12 -05, ZONE CHANGE NO.
ZC 12 -03, ZONE TEXT AMENDMENT NO. ZZTA 12 -05, AND DEVELOPMENT
AGREEMENT NO. DA 12 -04; ADDING ESMC SECTION 15- 3- 2(A)(9); FOR THE 888
NORTH SEPULVEDA BOULEVARD SPECIFIC PLAN PROJECT.
Mayor Pro Tem Jacobson introduced Ordinance No. 1494.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
APRIL 1, 2014
PAGE NO. 6
WE
Scheduled second reading and adoption of the Ordinance on April 15, 2014.
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
2. Consideration and possible action regarding recommendations from the Senior
Housing Board Corporation to modify the eligibility requirements to reside at the
Park Vista Apartments located at 615 East Holly Street.
(Fiscal Impact: N /A)
Senior Housing Board Member Jim deCordova gave a report.
MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Atkinson to
authorize the Senior Housing Board to lower the income /net worth eligibility requirement
from $45,000 to $35,000 for a one person household and from $50,000 to $40,000 for a
two person household and authorize the Senior Housing Board to modify the residency
requirement from one year prior to application to at least five proven years of contiguous
residency within the City of El Segundo at any time during a person's adult (18 years
and over) life. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL
MEMBER FELLHAUER ABSENT
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed
unanimously. If a call for discussion of an item is made, the item(s) will be considered
individually under the next heading of business.
3. Approved Warrant Numbers 2597039 - 2597277 on Register No. 12 in the total
amount of $1,171,194.38 and Wire Transfers from 03/01/2014 through
03/16/2014 in the total amount of $2,987,698.93. Authorized staff to release.
Ratified Payroll and Employee Benefit checks; checks released early due to
contracts or agreement; emergency disbursements and /or adjustments; and wire
transfers.
4. Approved Regular City Council Meeting Minutes of March 18, 2014.
5. Authorized Fire Engine 35 (Unit #3345) to be declared a surplus vehicle.
(Fiscal Impact: None)
6. Authorized the return of a 1968 Crown fire engine to the El Segundo Firefighters'
Association. The fire engine was purchased by the Fire Association and donated
to the City in 2003 to be used as a display engine at special events.
(Fiscal Impact: None)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
APRIL 1, 2014
PAGE NO. 7
21
7. Adopt Resolution No. 4868 approving Plans and Specifications for Center St. and
Pine Ave. Water Main Improvement, Project No. PW14 -02.
(Fiscal Impact: $600,000.00)
MOTION by Council Member Fuentes, SECONDED by Mayor Pro Tern Jacobson to
approve Consent Agenda items 3, 4, 5, 6 and 7. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 4/0. COUNCIL MEMBER FELLHAUER ABSENT
REPORTS — CITY MANAGER — Thanked staff for their work on the 888 North
Sepulveda development project.
REPORTS — CITY ATTORNEY - NONE
REPORTS — DEPUTY CITY CLERK — Spoke on upcoming April 8, 2014 Municipal
Election.
REPORTS — CITY TREASURER
REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer — ABSENT
Council Member Atkinson — NONE
Council Member Fuentes — Spoke regarding Earthquake Preparedness and clarified her
vote at the last meeting related to Top Golf.
Mayor Pro Tern Jacobson — NONE
Mayor Fisher —
8. Consideration and possible action to act as a partner with the Advanced
Manufacturing Partnership for Southern California (AMP SoCal) in response to
the 2014 Investing in Manufacturing Communities Partnership (IMCP) notice.
(Fiscal Impact: None)
MOTION by Council Member Fuentes, SECONDED by Mayor Pro Tern Jacobson, to
approve the letter of commitment to act as a partner within AMP SoCal. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER FELLHAUER
ABSENT
MINUTES OF THE REGULAR CITY COUNCIL MEETING
APRIL 1, 2014
PAGE NO. 8
22
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 on the budget, personnel cuts, and inconsistencies in the
numbers.
Mike Robbins, resident, spoke on personnel cuts and employee compensation.
MEMORIALS - None
ADJOURNMENT at 8:33 p.m.
Cathy Domann, Deputy City Clerk II
MINUTES OF THE REGULAR CITY COUNCIL MEETING
APRIL 1, 2014
PAGE NO. 9
23
SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
FRIDAY, APRIL 4, 2014, 5:00 P.M.
CALL TO ORDER — Mayor Fisher at 5:03 PM
ROLL CALL
Mayor Fisher -
Mayor Pro Tern Jacobson -
Council Member Fuentes -
Council Member Atkinson -
Council Member Fellhauer -
Present
Present
Present
Present
Present — Open Session Only
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30
minute limit total). Individuals who have received value of $50 or more to communicate to the City
Council on behalf of another, and employees speaking on behalf of their employer, must so identify
themselves before addressing the City Council. Failure to do so is a misdemeanor and punishable
by a fine of $250.
SPECIAL ORDERS OF BUSINESS:
Mayor Fisher announced that Council would be meeting in closed session pursuant to the items
listed on the agenda.
CLOSED SESSION:
The City Council moved into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real
Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation;
and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or
conferring with the City's Labor Negotiators; as follows:
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6):-8- matters
Agency Designated Representative: City Manager
Employee Organizations: Police Management Association; Police Officers
Association; Police Support Services Employees Association; Fire Fighters
Association; Supervisory and Professional Employees Association; Employees
Association; Executive Management (unrepresented employees);
Management/Confidential (unrepresented employees)
K. REPORTS — CITY COUNCIL MEMBERS
Mayor Pro Tern —
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
APRIL 4, 2014
24
Consideration and possible action to authorize the Mayor to send a letter to Assembly
Member Christina Garcia opposing Assembly Bill 2189, which would establish separate
replenishment assessments for the Central and West Coast Basins as well as new
Proposition 218 guidelines for setting the assessments.
(Fiscal Impact: $0)
MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fuentes to authorize the
Mayor to send a letter to Assembly Member Christina Garcia opposing Assembly Bill 2189, which
would establish separate replenishment assessments for the Central and West Coast Basins, as
well as establish new Proposition 218 guidelines for setting the assessments. MOTION PASSED
BY UNANIMOUS VOICE VOTE. 5/0
ADJOURNMENT at 7:15 PM
Tracy Weaver, City Clerk
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
APRIL 4, 2014
25
EL SEGUNDO CITY COUNCIL MEETING DATE: April 15, 2014
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the adoption of Ordinance No. 1494 for a Zone
Change from the Corporate Office (CO) Zone to the 888 North Sepulveda Boulevard Specific
Plan (888 NSBSP) Zone, a Zone Text Amendment, a Specific Plan, and a Development
Agreement on the site located at 888 North Sepulveda Boulevard. Applicant: The Realty
Associates Fund IX, L.P. c/o Barnard Ventures, LLC (Fiscal Impact: N /A)
RECOMMENDED COUNCIL ACTION:
1. Waive second reading and adopt Ordinance No. 1494; and/or
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Ordinance No. 1494 and Attachments
FISCAL IMPACT: N/A
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager
REVIEWED BY: Sara Lee, Director of Planning Building Safety
APPROVED BY: Greg Carpenter, City Manager
I. Background and Discussion
On April 1, 2014, the City Council adopted Resolution No. 4867 approving Environmental
Assessment No. EA -997 for a Mitigated Negative Declaration (MND) for the 888 North
Sepulveda Boulevard Specific Plan Project including the Errata to the MND and implementing
the Mitigation Monitoring and Reporting Program (MMRP); amending the General Plan
(Amendment No. GPA 12 -03); and approving Subdivision No. SUB 12 -07 for Vesting Tentative
Parcel Map (VTPM) No. 71788, Conditional Use Permit No. CUP 12 -08, Administrative Use
Permit No. AUP 13 -11, and Parking Demand Study No. PDS 12 -06. The City Council also
introduced an Ordinance for Zone Change No. ZC 12 -03, Zone Text Amendment No. ZTA 12-
05, Specific Plan No. SP 12 -05, and Development Agreement No. DA 12 -04. The Council may
waive second reading and adopt the Ordinance. If adopted, Ordinance No. 1494 will become
effective in 30 days.
P:\Planning & Building Safety \0 Planning - Old\PROJECTS (Planning) \976- 1000\EA- 997 \Council Second
Reading\EA -997 888 NSBSP ORD CC sr 2ndreading 2014.doc
26
ORDINANCE NO. 1494
AN ORDINANCE APPROVING SPECIFIC PLAN NO. SP 12 -05,
ZONE CHANGE NO. ZC 12 -03, ZONE TEXT AMENDMENT NO.
ZTA 12 -05, AND DEVELOPMENT AGREEMENT NO DA 12 -04;
ADDING ESMC § 15- 3- 2(A)(9) FOR THE 888 NORTH
SEPULVEDA BOULEVARD SPECIFIC PLAN PROJECT.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds and declares that:
A. On September 11, 2012 The Realty Associates Fund IX, L.P., filed
an application for an Environmental Assessment No. EA -997,
General Plan Amendment No. GPA 12 -03, Specific Plan No. SP
12 -05, Zone Change No. ZC 12 -03, Zone Text Amendment No.
ZTA 12 -05, Development Agreement No. DA 12 -04, Conditional
Use Permit No. CUP 12 -08, Administrative Use Permit No. AUP 13-
11, Parking Demand Study No. PDS 12 -06 and Subdivision No.
SUB 12 -07 for Vesting Tentative Map Parcel Map No. 71788 for
three lots, to re- designate and rezone an approximate 2.98 acre
property at 888 North Sepulveda Boulevard from Corporate Office
(CO) Zone to 888 North Sepulveda Boulevard Specific Plan (888
NSBSP) to allow construction of a five -story, 89 foot high, 111,350
square foot hotel with up to 190 rooms and one level of
underground parking;
B. The Project application was reviewed by the City of El Segundo
Planning and Building Safety Department for, in part, consistency
with the General Plan, the 888 North Sepulveda Boulevard Specific
Plan, and conformity with the El Segundo Municipal Code
( "ESMC ");
C. In addition, the City reviewed the project's environmental impacts
under the California Environmental Quality Act (Public Resources
Code §§ 21000, et seq., "CEQA "), the regulations promulgated
thereunder (14 Cal. Code of Regulations § §15000, et seq., the
"CEQA Guidelines "), and the City's Environmental Guidelines (City
Council Resolution No. 3805, adopted March 16, 1993);
D. An Initial Study /Mitigated Negative Declaration (ISMND) was
prepared pursuant to the requirements of CEQA Guidelines §
15070 and circulated for public review and comment between
December 12, 2013 and January 14, 2014 in compliance with
CEQA Guidelines § 15087;
EXHIBIT A 27
E. The Planning and Building Safety Department completed its review
and scheduled a public hearing regarding the application before the
Planning Commission for February 27, 2014. Following the public
hearing, the Planning Commission adopted Resolution No. 2750
recommending that the City Council approve the Project including,
without, limitation, adopting this Ordinance;
F. On March 13, 2014 the City Council held a public hearing and
considered the information provided by City staff, public testimony
and representatives of The Realty Associates Fund IX, LP and
Barnard Ventures, LLC;
G. On March 13, 2014 City Council introduced Ordinance No. 1494
approving Specific Plan No. SP 12 -05, Zone Change No. ZC 12 -03,
Zone Text Amendment No. ZTA 12 -05, and Development
Agreement No. DA 12 -04; adding ESMC § 15- 3- 2(A)(9); and
approving Subdivision No. SUB 12 -07 for Vesting Tentative Parcel
Map No. 71788 for the 888 North Sepulveda Boulevard Specific
Plan Project;
H. This Ordinance and its findings are made based upon testimony
and evidence presented to the Council at its April 1, 2014 hearing
including, without limitation, the staff report submitted by the
Department of Planning and Building Safety.
SECTION 2: Environmental Assessment. Resolution No. 4867 approved an
Initial Study /Mitigated Negative Declaration for this Project which, among other
things, properly assesses the environmental impact of this Ordinance, and the
Project, in accordance with CEQA. This Ordinance incorporates by reference the
environmental findings and analysis set forth in Resolution No. 4867.
SECTION 3: Factual Findings and Conclusions. The City Council finds and
declares that the factual findings and conclusions set forth in Resolution No.
4867, adopted on April 1, 2014, are incorporated as if fully set forth.
SECTION 4: Zone Change Findings.
A. Based on the factual findings in Resolution No. 4867, as
incorporated into this Ordinance, the proposed Zone Change is
necessary to carry out the proposed project because the proposed
General Plan Amendment would change the land use classification
of the project site from Corporate Office to 888 North Sepulveda
Boulevard Specific Plan (888 NSBSP). The proposed Zone Change
is necessary to maintain consistency with the proposed General
Plan land use designation of 888 North Sepulveda Boulevard
Specific Plan.
2
28
B. ESMC Title 15 is intended to be the primary tool for implementing
the goals, objectives and policies of the El Segundo General Plan.
The zone change will maintain consistency with the proposed
change in General Plan land use designation to 888 North
Sepulveda Boulevard Specific Plan and is also consistent with the
General Plan goals, objectives and policies set forth in Section 4 of
Resolution No. 4867. Those findings of consistency are
incorporated by reference as if fully set forth below.
SECTION 5: Zone Text Amendment Findings. Based on the factual findings in
Resolution No. 4867, as incorporated into this Ordinance, the proposed Zone
Text Amendment is necessary to implement the Project and establish the
proposed 888 North Sepulveda Boulevard Specific Plan (888 NSBSP) Zone. An
amendment to ESMC § 15- 3- 2(A)(9) to create 888 North Sepulveda Boulevard
Specific Plan (888 NSBSP) is necessary for consistency with the General Plan.
SECTION 6: Specific Plan Findings. Based on the factual findings in Resolution
No. 4867, as incorporated into this Ordinance, the proposed creation of the 888
North Sepulveda Boulevard Specific Plan (888 NSBSP), which would allow an
increased FAR of 1.47 for a five -story, up to 190 room, 111,350 square foot hotel
with one level of underground parking, and the continued of an existing office
building and parking structure with remote airport parking on the project site, is
necessary to carry out the proposed project. Without amending the ESMC, the
current zoning would not permit the proposed project with a 1.47 Floor Area
Ratio (FAR). The General Plan Land Use Designation of the project site is 888
North Sepulveda Boulevard Specific Plan (888 NSBSP). This designation is
intended for the project as defined herein. As conditioned, the proposed project
would be compatible with the General Plan.
SECTION 7: Development Agreement Findings. Pursuant to City Council
Resolution No. 3268, adopted June 26, 1984, the City Council finds that:
A. The project is consistent with the objectives, policies, general land
uses, and programs specified in the general plan and any
applicable specific plan. The Development Agreement would
provide the following public benefits in exchange for valuable
development rights (ten -year entitlement with no extension):
1. Development of a property that is currently vacant and
underutilized.
2. Addition of an attractive new hotel at this location will encourage
additional renovation of businesses in the vicinity of the project
site.
3
29
3. The presence of a hotel and related evening activity will improve
safety in this northern gateway area as more activity, together
with building illumination, will create less of a need for police
services as compared to the attractive nuisance of the existing
long -time vacant property.
4. Existing and prospective corporate businesses and research
and development businesses will benefit from the availability of
additional lodging choices with competitive pricing resulting from
more available rooms in the community.
5. Residents seeking lodging for out -of -town guest will benefit from
more hotel choices which provide more competitive pricing with
greater room availability.
6. The project will bring a new hotel flag to the City with experience
in operating business hotels for professionals and the addition
of the new hotel will increase the number of rooms and related
facilities in the City to the benefit of adjacent and nearby
business.
7. The project will provide one -time City revenues of $147,593
associated with the $26 million development costs as specified
in the Development Agreement.
8. City will benefit from an increase in transient occupancy tax
(TOT) in excess of $500,000 annually for the life of the hotel
project which is a direct net benefit to the General Fund as
specified in the Development Agreement
9. City will benefit from an increase in sales tax of approximately
$100,000 per year based on expected expenditures per room
and the added occupancy rate for a new business hotel will
encourage business growth as specified in the Development
Agreement.
10. City will benefit from an increase in property tax which, based
on the City's tax allocation formula and increased property tax
valuation from a vacant to a developed parcel, is estimated to
be approximately $29,000 per year as specified in the
Development Agreement.
11. The new hotel will create approximately 20 full -time jobs and a
limited number of part-time positions. At an estimated salary of
$35,000 per year, with many of these jobs filled locally, this will
increase annual payroll within the City by approximately
4
30
$700,000, and increase employment opportunities for the City's
residents. Additionally, earnings within the City will result in an
indeterminate amount of additional sales tax derived from retail
expenditures by hotel employees.
12. Shuttle service to Los Angeles International Airport will be
available to hotel guests to provide a convenient service for
hotel guests and to reduce air quality impacts and traffic impacts
to the City's roadways as specified in the Development
Agreement and as required in the conditions of approval.
13. The Developer agrees to contribute to the City an additional
sum in the amount of $18,000 as an enhanced community
benefit to be paid to the City annually beginning upon the
effective date of this Development Agreement. This annual
payment will cease on the date that a Certificate of Occupancy
is issued for the proposed hotel building as specified as a term
in the Development Agreement.
B. The project is compatible with the uses authorized in, and the
regulations prescribed for, the land use district in which the real
property is located. The proposed project includes a new land use
designation and zoning classification, which establishes the
permitted uses and development standards that would apply to the
project. These uses and development standards are similar and
compatible with the other commercially zoned districts in the City.
C. The project will not adversely affect the orderly development of
property or the preservation of property values. This project is
surrounded by previously developed commercial properties and will
help improve the value of the neighboring properties. The
proposed 888 North Sepulveda Boulevard Specific Plan
development standards and development agreement will ensure
that the project will be developed in an orderly fashion. All
mitigation measures will be implemented at the time and place
impacts occur.
SECTION 8: ESMC §15- 3- 2(A)(9) is amended to add subsection 9 to read as
follows:
199. 888 North Sepulveda Boulevard Specific Plan
There is one zone intended to be used within the boundaries
of the 888 North Sepulveda Boulevard Specific Plan. The
zone is:
5
31
888 NSBSP 888 North Sepulveda Boulevard Specific Plan"
SECTION 9: The current Zoning Map is amended by changing the Project site
from Corporate Office to "888 North Sepulveda Boulevard Specific Plan (888
NSBSP)." The corresponding changes to the Zoning Map are set forth in
attached Exhibit 'A" which is incorporated into this Ordinance by reference.
SECTION 10- The "888 North Sepulveda Boulevard Specific Plan (888
NSBSP)." is adopted as set forth in attached Exhibit "B" which is incorporated
into this Ordinance by reference.
SECTION 11: The Development Agreement by and between the City of El
Segundo and the Realty Associates Fund IX, L.P., as set forth in attached Exhibit
"C," and incorporated into this Ordinance by reference, is approved. The Mayor
is authorized to execute the Development Agreement in a form approved by the
City Attorney.
SECTION 12: Additional Approvals. To the extent they are not otherwise
adopted or approved by this Ordinance, and subject to the conditions listed on
attached Exhibit "D," which are incorporated into this Ordinance by reference, the
City Council approves Zone Change No. ZC 12 -03, Zone Text Amendment No.
ZTA 12 -05, Specific Plan No. SP 12 -05, Development Agreement No. DA 12 -04,
Conditional Use Permit No. CUP 12 -08, Administrative Use Permit No. AUP 13-
11, Parking Demand Study No. PDS 12 -06 and Subdivision No. SUB 12 -07.
SECTION 13: Reliance on Record. Each and every one of the findings and
determinations in this Ordinance are based on the competent and substantial
evidence, both oral and written, contained in the entire record relating to the
project. The findings and determinations constitute the independent findings and
determinations of the City Council in all respects and are fully and completely
supported by substantial evidence in the record as a whole.
SECTION 14: Limitations. The City Council's analysis and evaluation of the
Project is based on the best information currently available. It is inevitable that in
evaluating a project that absolute and perfect knowledge of all possible aspects
of the project will not exist. One of the major limitations on analysis of the project
is the City Council's knowledge of future events. In all instances, best efforts
have been made to form accurate assumptions. Somewhat related to this are
the limitations on the City's ability to solve what are in effect regional, state, and
national problems and issues. The City must work within the political framework
within which it exists and with the limitations inherent in that framework.
SECTION 15: Summaries of Information. All summaries of information in the
findings which precede this section, are based on the substantial evidence in the
record. The absence of any particular fact from any such summary is not an
indication that a particular finding, is not based in part on that fact.
6
32
SECTION 16: Effectiveness of SSMC. Repeal or amendment of any provision
of the ESMC 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 17: Memorailzation: The City Clerk is directed to certify the passage
and adoption of this Ordinance; cause it to be entered into the City of El
Segundo's book of original ordinances; make a note of the passage and adoption
in the records of this meeting; and, within fifteen (15) days after the passage and
adoption of this Ordinance, cause it to be published or posted in accordance with
California law.
SECTION 18: Severability. If any part of this Ordinance or its application is
deemed invalid by a court of competent jurisdiction, the city council intends that
such invalidity will not affect the effectiveness of the remaining provisions or
applications and, to this end, the provisions of this Ordinance are severable.
SECTION 19: Effective Date. This Ordinance will become effective on the thirty -
first (31 st) day following its passage and adoption.
PASSED, APPROVED AND ADOPTED this 1st day of April 2014.
Bill Fisher, Mayor
7
33
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Tracy Weaver, 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. 1494 was duly introduced by said City Council
at a regular meeting held on the 1st day of April 2014, 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 15th day of
April 2014, and the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. Berger, Assistant City Attorney
PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Plan ning) \976 - 1000 \EA - 997 \City Council 04.01.14 \EA -997
CC Ordinance.04.01.14.final.doc
8
34
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888 NORTHSEPULVEDA BOULEVARD ,SPECIFIC PLAN
1.0 SUMMARY
This 888 North Sepulveda Boulevard Specific
Plan ( "Specific Plan") allows a new select service
business hotel to be developed and continued use
of an existing parking structure and existing office
building. The existing parking structure provides
all parking for the office building and a portion of
the required parking for the hotel, with the
remaining parking spaces not needed to meet
office and hotel parking requirements used for a
remote airport parking facility. A portion of the
required parking spaces for the hotel are provided
on -site in surface parking and underneath the
hotel. The Hotel is designed to be compatible
with adjacent land uses and zoning. The Specific
Plan regulates buildout of the project site in a
manner that is consistent with applicable law.
1.1. Purpose And Authority
This Specific Plan is adopted in accordance with
the provisions of Government Code §§ 65450
through 65457, which grants local governments
authority to adopt specific plans to regulate any
area within its jurisdiction.
Government Code §§ 65450 through 65454
establishes the authority to adopt a Specific Plan,
identifies the required contents of a Specific Plan,
and mandates consistency with the General Plan.
According to Government Code § 65451, a
Specific Plan must include text and a diagram or
diagrams which specify all of the following in
detail:
• The distribution, location, and extent of the
uses of land, including open space within
the area covered by the plan.
• The proposed distribution, location, extent,
and intensity of major components of
public and private transportation, sewage,
water, drainage, solid waste disposal,
energy and other essential facilities
proposed to be located within the land area
covered by the plan and needed to support
the land uses described in the plan.
• Standards and criteria by which
development will proceed, and standards
for the conservation, development, and
utilization of natural resources, where
applicable.
• A program of implementation measures
including regulations, programs, public
works projects and financing measures
necessary to carry out the above items.
• A discussion of the relationship of the
Specific Plan to the General Plan.
A thorough review of the El Segundo General
Plan shows that this Specific Plan is compatible
and consistent with the goals and policies outlined
in the General Plan. The project regulated by this
Specific Plan includes an existing office building
and parking structure and a new hotel all of which
are uses already permitted in the Corporate Office
(CO) Zone. Such uses are consistent with the
Corporate Office Land Use Element designation.
Additionally, the Specific Plan allows for
continued use of a portion of the parking structure
for remote airport parking. This Specific Plan
furthers the goals and policies of the General Plan.
As a regulatory document, the Specific Plan
implements the General Plan as the new zoning
for the Specific Plan area. All future development
plans and entitlements within the Specific Plan
boundaries must be consistent with the standards
set forth in this document; the El Segundo
Municipal Code (`SSMC "); and General Plan.
1.2. Project History
The 2.98 acre Specific Plan area was initially
developed with two office buildings and a parking
structure. The office building located at 898 North
Sepulveda Boulevard is an eight- story, 95,360
square foot structure (79,404 net square feet). The
parking garage at 892 North Sepulveda is a seven-
64538 \4162105v9 j
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888 NORTH SEP UL VEDA BOULEVARD SPECIFIC PLAN
story structure with 808 parking spaces. The
second office building at 888 North Sepulveda
Boulevard was a 12- story, 140,000 square -foot
structure which was unoccupied for a period of
time before being demolished in 2003. Before the
office building was demolished, the FAR of the
site was 1.61. Since 1994, the existing parking
structure provided 228 spaces to meet parking
requirements for the existing office building at
898 North Sepulveda Boulevard. The remaining
580 parking spaces are used for remote airport
parking with the operation designated as "105
Airport Parking."
In 1994, the City approved an administrative use
permit that allows for remote airport parking use
in the parking structure until a new second office
building was constructed.
In 2001, the City entered into a ten (10) year
development agreement with Legacy Partners
which provided for demolition of the 888 North
Sepulveda Boulevard office building, and
construction of a six - story, 120,610 square foot
office building. The FAR for the site was
approved at 1.47 (1.086 on the single parcel for
the proposed office building and existing parking
structure). The remote airport parking was
required to terminate when the City issues the first
certificate of occupancy for the new office
building.
In 2008, the Trammell Crow Company submitted
a conditional use permit application and
development agreement amendment to replace the
six -story office building with a new nine- story,
179 -room hotel, consisting of 88,859 square feet.
These project applications were not processed by
the applicant.
In 2011, at the request of Realty Advisors
Associates, the term of the 2001 development
agreement was amended and extended for an
additional five (5) year term to 2016. Under the
terms of this amended development agreement,
the proposed new office building at 888 North
Sepulveda was changed to a structure of ten (10)
stories or less, with a height not to exceed 200
feet, and with a maximum of 88,859 square feet.
A. Procedures
For this Specific Plan to be effective, the
following must be approved by the City Council:
General Plan Amendment
A General Plan Amendment to change the land
use designation from Corporate Office (CO) to the
888 North Sepulveda Boulevard Specific Plan.
Zone Change and Zone Text Amendment
A Zone Change creates the Specific Plan
designation to replace the existing Corporate
Office (CO) Zone designation and a Zone Text
Amendment adds the 888 North Sepulveda
Boulevard Specific Plan to ESMC Title 15,
Chapter 3- 2(A)(9).
Vesting Tentative Parcel Map
The vesting tentative parcel map encompasses the
Specific Plan area and creates three parcels, one
for each structure, respectively. Parcel 1 includes
the existing office building; Parcel 2 includes the
existing parking structure; and Parcel 3 includes
the hotel.
Development Agreement
A Development Agreement must be approved and
executed.
1.3. Project Description
The Specific Plan area is divided into three parcels
by a vesting tentative parcel map. Parcel 1 consists
of 0.42 acres, encompassing the existing office
building at 898 North Sepulveda Boulevard.
Parcel 2, consisting of 1.04 acres, encompasses the
existing parking structure. Vacant Parcel 3, at 888
North Sepulveda Boulevard, encompasses 1.52
acres.
64538 \4162105v9 2 38
888 NORTHSEPULVEDA BOULEVARD SPECIFIC PLAN
The Project consists of a 190 -room, five (5) story
hotel not to exceed 77 feet in height, consisting of
111,350 square -foot (104,040 net square feet)
together with the existing 95,360 square -foot
(79,404 net square feet) office building
comprising a Floor Area Ratio ( "FAR ") of 1.41
across the three parcels, with parking provided by
the existing parking structure located on Parcel 2,
and with an additional 72 parking stalls provided
by the new hotel. The parking structure is not
included in the FAR calculation. The hotel is built
on Parcel 3 with an address of 888 North
Sepulveda. The existing parking structure contains
808 available parking spaces. Currently, 228
spaces are provided to meet ESMC parking
requirements for the office building with 580
parking spaces remaining for other uses.
The addition of a new hotel on the property to
complement the existing office building enhances
the potential for shared parking between the two
uses.
The project components are shown in Table 1.
Table 1
Project Comnanents
Project Item
Existing
Existing
New Select
Office
Parking
Service
Building
Structure
Hotel
Project
Eight story,
7 story, 808
190 room,
Description
95,360 gross
stall parking
111,350
be subject to additional
square foot
structure;
gross square
review)
office
66' in height
foot select
building
service hotel
(79,404 net
(104,040 net
square feet),
square feet),
110' -6" in
77' in height
height
Parcel No.
1
2
3
Parcel Size
0.42 acres
1.04 acres
1.52 acres
FAR
4.34:1 on its
N/A
1.57:1 on its
own parcel
own parcel
1.41:1 across three parcel property (no
square footage allocated to parking
structure
Parking and
Parking Structure: 808 parking spaces are
Loading
provided for the office building, hotel and
64538 \4162105v9 3
remote airport parking uses. 2 loading
spaces are provided in the parking
structure for the office building.
Hotel Site: 72 parking spaces are provided
for the Hotel use only. 3 loading spaces are
1.4. CEQA
As set forth in the accompanying MND (as
adopted by Resolution No. 4867 on April 1,
2014), the following development thresholds
shown in Table 2, below, are established:
Table 2
Develooment Thresholds
MND
Gross Floor Area
Hotel
111,350 square feet
(104,040 net square
feet) with a 1.41 floor
area ratio (FAR) when
combined with existing
office building in the
Specific Plan area
Other uses allowed by
As determined by the
this Specific Plan (may
maximum allowable
be subject to additional
FAR of 1.41 as allowed
CEQA compliance
by this Specific Plan
review)
1.5. Current General Plan and Zoning
After being amended as contemplated by this
Specific Plan, the General Plan land use
classification and the zoning district will designate
the property as 888 North Sepulveda Boulevard
Specific Plan. This designation allows for general
office and hotel uses and a mixture of food -
serving uses with limited retail uses.
2.0 CONSISTENCY WITH THE GENERAL PLAN
Government Code § 65454 requires that this
Specific Plan be consistent with the General Plan;
Government Code § 65451 requires a statement of
relationship between this Specific Plan and the
General Plan. As documented in the MND, the
M
888 NORTHSEPULVEDA BOULEVARD SPECIFIC PLAN
Specific Plan is consistent with the General Plan.
The two elements that are most related to the
Project are the Land Use Element and the
Circulation Element, the consistency with these
two elements is discussed below.
2.1 Land Use Element
As set forth in Resolution No. 4867 and Ordinance
No. 1494, which are incorporated by reference,
this Specific Plan is consistent with the following
Objectives and Policies of the Land Use Element
of the General Plan: Objective LU4 -4 and Policy
4 -4.1.
2.2 Circulation Element
As set forth in Resolution No. 4867 and Ordinance
No. 1494, which are incorporated by reference,
this Specific Plan is consistent with the following
Objectives and Policies of the Circulation Element
of the General Plan: Policy C1 -1.8, Policy C1 -1.9,
Policy 1 -1.14, Objective C3 -1, Policy C3 -1.1,
Policy C3 -1.2.
3.0 PHYSICAL ENVIRONMENT
The 2.98 acre project site slopes west to east and
varies in elevation from approximately 120 feet
above mean sea level adjacent to the Sepulveda
and Walnut intersection to 106 feet above mean
sea level at the southeast corner of the property.
3.1. Project Location And Adjacent Land
Uses
Regionally, the subject site is located in the
northernmost portion of the City of El Segundo,
less than 0.25 miles south of the Los Angeles city
limit which is also the southern perimeter
boundary of Los Angeles International Airport
(LAX). The project site is approximately one-
quarter mile south of the Interstate 105 (Glen
Anderson Freeway) and approximately 1.5 miles
west of the San Diego Freeway (Interstate 405).
Locally, the project site is located adjacent to the
southeast corner of North Sepulveda Boulevard
and Walnut Avenue. Along this stretch, Sepulveda
is designated as a state highway — State Route
(SR) 1. Located at the northern gateway to the
City, the project site is surrounded by commercial
office, research, and manufacturing facilities.
Directly to the south is a single -story concrete
manufacturing /distribution business. To the east,
the Boeing Corporation occupies a wide range of
structures including buildings housing low -rise
office, manufacturing and research uses. To the
north across Walnut Avenue are single -story and
three -story offices for the Boeing Corporation. To
the west, directly across Sepulveda, are a Bank of
America, Travelodge Hotel, and a two story office
building.
3.2. Circulation
Access to the Specific Plan area is via three
driveways. The existing parking structure is
accessed from two driveways on Walnut Avenue
and will continue to operate in a similar manner.
Pedestrian access is available to the office
building from the parking structure. There is no
direct vehicle access to the office building. The
new hotel takes access via a driveway from
Sepulveda along the southern portion of the
property. This driveway must be modified to
comply with the Caltrans standards. Turning
movements from this driveway are restricted at
certain hours to ensure the safety of vehicles using
the driveway and for through traffic.
3.3. Utilities And Infrastructure
A. Water Service
Water service is provided by the City of El
Segundo Public Works Department, Water
Division and is currently available within the
Specific Plan area. There is a 10 -inch water line in
Walnut Avenue on the north side of the site.
Additionally, two 10 -inch water lines are available
for use within North Sepulveda Boulevard located
immediately west of the site.
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888 NORTH SEP UL VEDA BO ULEVARD SPECIFIC PLAN
B. Wastewater Service
Wastewater service within the project area which
is east of Sepulveda Boulevard is provided by the
Los Angeles County Sanitation District. Service
connections can be made to the existing 8 -inch
sewer line at the southeastern corner of the
property.
C. Solid Waste Disposal
Solid waste disposal is provided to commercial
and industrial users by a variety of private haulers.
Development within the Specific Plan area would
contract with a provider. Landfill capacity is
adequate for the assumed population and
commercial growth within Los Angeles County.
The Specific Plan area would not exceed any
assumptions for either population or commercial
growth in the region.
D. Gas Service
Gas service is provided by Southern California
Gas Company. There is an existing 2 -inch gas
line, and 3 -inch high pressure gas line, located
within North Sepulveda Boulevard.
E. Electric /Telephone and Cable Service
Electric service is provided by Southern California
Edison via existing underground lines along North
Sepulveda Boulevard and Walnut Avenue.
Telephone service is provided by AT & T and
Sprint via existing lines in adjacent streets and
cable service is provided by Time Warner Cable.
F. Fire Suppression
The El Segundo Fire Department (ESFD) provides
fire protection services and emergency medical
service to the City. The closest facility and
immediate service provider to the project site,
located 1.16 miles to the south and a two minute
driving distance, is Fire Station 2 at 2261 East
Mariposa Avenue. Additional or alternative
services can be provided by Fire Station 1 located
at 314 Main Street, located, 2.15 miles to the
southwest at a five minute driving distance. The
provision of water for fire suppression is available
from existing water lines via adjacent hydrants.
G. Police Protection Services
The El Segundo Police Department (ESPD)
provides police protection services to the City.
The Specific Plan area is approximately 2.2 miles
from the police station located at 348 Main Street.
The El Segundo Police Department recently
implemented an "Area Command" program which
subdivides the City into two smaller geographic
areas and assigns resources to the areas for more
effective focus and delivery of police service.
Sepulveda Boulevard is the physical divide for the
two areas known as the East Command Area, for
all properties east of Sepulveda Boulevard, and the
West Command Area for all properties west of
Sepulveda Boulevard. The Project is located
within the East Command Area.
H.Drainage
On -site drainage must comply with applicable law
including the California Water Code and the
City's National Pollution Discharge Elimination
System (NPDES) permit.
4.0 LAND USE AND DEVELOPMENT STANDARDS
The Specific Plan must be administered in
accordance with the ESMC, except as noted
herein.
A. Permitted Uses
i. Cafes
ii. General offices
iii. Medical - dental offices
iv. Restaurants
V. Other similar uses approved by the
Director of Planning and Building
Safety Department, as provided by
ESMC Chapter 15 -22.
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888 NORTHSEPULVEDA BOULEVARD SPECIFIC PLAN
B. Permitted Accessory Uses
i. Any use customarily incidental to a
permitted use
ii. Cafes
iii. Limited support service retail uses
iv. Open storage of commodities sold
or utilized on the premises
V. Recreational uses (private)
vi. Restaurants
vii Other similar uses approved by the
Director of Planning and Building
Safety Department, as provided by
ESMC Chapter 15 -22
C. Uses Subject to an Administrative Use
Permit
i. Remote airport parking.
ii. The off site sale of alcohol at limited
support service retail establishments as an
accessory use.
iii. The on site sale and consumption of
alcohol at hotels, restaurants and cafes.
iv. Other similar uses approved by the director
of planning and building safety as
provided by Section 5.0 of this Specific
Plan.
D. Uses Subject to a Conditional Use Permit
i. Hotels
ii. Other similar uses approved by the
Director of Planning and Building Safety
Department, as provided by ESMC
Chapter 15 -22
E. Prohibited Uses
All uses not listed as a Permitted Use, Permitted
Accessory Use, or Use Subject to a Conditional
Use Permit, except as may be approved by the
Director of Planning and Building Safety for the
City subject to an Administrative Use Permit.
F. Site Development Standards
The Specific Plan standards below apply to all
uses in the Specific Plan area. Where the Specific
Plan does not regulate, new development must
comply with the applicable sections of the ESMC.
Otherwise, this Specific Plan regulates the primary
development guidelines for the Specific Plan area.
1. General Provisions
The development standards of the Specific
Plan are generally consistent with the
adjacent Corporate Office (CO) Zone with
the added flexibility to allow the
development of a hotel use, combined with
the adjacent existing office building, at a
1.41 floor area ratio for the 2.98 acre
Specific Plan area.
2. Lot Area
The minimum lot area is 10,000 gross
square feet.
3. Height
No building or structure can exceed one
hundred twenty -five feet (125').
4. Setbacks
(a) Front Yard: Twenty five feet (25')
minimum, except that the existing
office building and parking
structure do not meet this
requirement and, as such, they are
legal nonconforming uses pursuant
to ESMC Chapter 15- 21.
Architectural building features as
defined in ESMC § 15 -1 -6
including, without limitation,
balconies, columns, doors, eaves,
marquees, soffits, window or
window trim may encroach into the
front setback of the hotel parcel a
maximum of 5 feet, except within
driveway and corner visibility
64538 \4162105v9 6 42
888 NORTH SEP UL VEDA BOULEVARD SPECIFIC PLAN
triangles. Architectural landscape
features as defined in ESMC § 15-
1 -6 including, without limitation,
arbors, colonnades, fountains,
gazebos, lighting bollards,
permanent outdoor seating,
statuary, topiaries, trellises, and
works of art may encroach into the
front setback of the hotel parcel up
to a maximum of 10 feet, except
within driveway and corner
visibility triangles.
(b) Side Yard: Ten feet (10') minimum,
unless the following exists:
If the side yard adjoins a dedicated
street, a minimum of twenty five
feet (25') must be provided.
No setback is required for an
unenclosed bridge that connects the
hotel and parking structure.
The existing parking structure does
not meet this side yard requirement,
and as such, it is a legal
nonconforming use pursuant to
ESMC Chapter 15 -21.
(c) Rear Yard: Ten feet (10')
minimum, unless the following
condition exists:
If the rear yard abuts a property
with a different classification, the
rear yard setbacks must be the
average of the two (2) rear yard
setbacks, but not less than ten feet
(10').
No setback is required for an
unenclosed bridge that connects the
hotel and parking structure.
5. Lot Frontage
Each lot must have a minimum frontage on
a street of one hundred feet (100').
6. Building Area/Floor Area Ratio (FAR)
The maximum FAR for the 2.98 acre
Specific Plan area is 1.41, determined
pursuant to ESMC Chapter 15 -1. The
square footage of the existing on -site
parking garage is not included in the 1.41
FAR calculation.
7. Walls and Fences
All walls and fences in a front yard setback
must comply with the requirements of
ESMC Chapter 15 -2. All fences in the side
and rear yard setbacks cannot exceed 8' in
height. Retaining walls in the side yard
setbacks of the hotel parcel cannot be
higher than 18' for the portion of the
property within 150' of the property line at
Sepulveda Boulevard, and thereafter taper
to maximum height of 4' at a distance 300'
from the property line at Sepulveda
Boulevard.
8. Access
The project must provide pedestrian access
between buildings and transit facilities, if
within adjoining public rights -of -way. As
the building is part of a multi - building
development project, then pedestrian
access must be provided between
buildings.
9. Landscaping
Landscaping must be provided as required
by ESMC Chapter 15 -2.
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888 NORTHSEPULVEDA BOULEVARD SPECIFIC PLAN
10. Transportation Demand Management
& Transportation Systems Management
The project must comply with the City's
transportation demand management and
transportation systems management
requirements as provided in ESMC
Chapters 15 -16 and 15 -17.
11. Off - Street Parking and Loading Spaces
Off - Street Parking and Loading Spaces
must be provided in compliance with
ESMC Chapter 15 -15 except as provided
below:
(a) Parking Requirements for the Hotel
Use at 888 North Sepulveda
Boulevard and for the "Office"
Building at 898 North Sepulveda
Boulevard: . One hundred sixty
eight (168) parking spaces are
required for the 190 -room hotel
use. Seventy two (72) of the
parking spaces must be provided on
the hotel site (Parcel 3) at 888
North Sepulveda Boulevard and are
limited to hotel use only. Ninety
six (96) parking spaces must be
provided for the hotel in the
parking structure (Parcel 2) at 892
North Sepulveda Boulevard. A
portion of the ninety six (96)
parking spaces required for the
hotel use that are located in the
parking structure may be a
shared/joint use with the remote
airport parking subject to approval
of a Parking Demand Study and
approval of an Administrative Use
Permit for the remote airport
parking. A minimum of two
hundred twenty eight (228) parking
spaces must be provided in the
parking structure (Parcel 2) for the
uses in the "office" building at 898
North Sepulveda Boulevard. A
portion of the two hundred twenty
eight (228) parking spaces required
for the uses in the "office" building
at 898 North Sepulveda Boulevard
may be a shared/joint use with the
remote airport parking subject to
approval of a Parking Demand
Study and approval of an
Administrative Use Permit for the
remove airport parking.
(b) Remote Airport Parkin: All
parking spaces in the parking
structure that are not required for
the hotel use at 888 North
Sepulveda Boulevard and for the
uses in the "office" building at 898
North Sepulveda Boulevard may be
provided for the remote airport
parking use. Parking space that are
required for the hotel use and for
the uses in the "office" building
may be a shared/joint use with the
remote airport parking subject to
approval of a Parking Demand
Study and approval of an
Administrative Use Permit for the
remote airport parking.
(c) Loading Spaces: Provided as
required by ESMC Chapter 1545,
except that loading spaces for the
office building are designated in
the parking structure as two loading
spaces, each not less than 8.5' wide
and 18' long and having an
additional 1' in width if a wall abuts
the side of said loading space. In
addition, the large truck loading
spaces on the hotel site (Parcel 3)
must be available to the office
building (Parcel 1) on an as- needed
basis.
(d) Parking Space Allocation: Parking
spaces must be allocated pursuant
to ESMC § 15- 15 -6(A), except as
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888 NORTH SEPULVEDA BOULEVARD SPECIFIC PLAN
provided for in an approved
Parking Demand Study and except
as provided for in an approved
Administrative Use Permit for
Remote Airport Parking in
conjunction with a parking
management plan approved by the
Director of Planning and Building
Safety Department.
12. Signs
racquetball court, or similar recreational or
athletic facility, as approved by the
Director of Planning and Building Safety.
7. The hotel may include food and beverage
service for hotel patrons.
H. Design Standards
The following minimum design standards must be
incorporated:
Signs located in the Specific Plan area
1.
Ground level exterior walls facing
must comply with the requirements of
Sepulveda Boulevard must include garden
ESMC Chapter 15 -18.
areas, balconies, patios and /or plazas and
large windows to provide a visual
G. Features and Amenities for the Hotel
connection with the surrounding area and
pedestrian activity along the Sepulveda
The following minimum features are included for
Boulevard frontage.
the hotel:
2.
All colors, textures, and materials on
1. The hotel must include a pedestrian
exterior elevation(s) must be coordinated
oriented landscaped connection to /from the
to achieve a continuity of design.
public sidewalk and a covered automobile
pick -up /drop -off area at the front entrance
3.
Exterior materials and design for buildings
driveway of the hotel.
and structures must be contemporary in
nature and compatible with developments
2. Driveways and parking controls must be
in the vicinity.
designed in such a manner that hotel
employees and guests will easily identify
4.
Buildings must have contrasting accent
access to the shared parking in the parking
features that use at least three primary
structure.
exterior building materials (including,
without limitation, stucco, stone, rock, and
3. Pedestrian paths of travel between the
brick) and a minimum of two exterior
parking structure and the hotel and office
colors.
building must be designed with enhanced
paving, landscaping, architectural and
5.
Building materials must be of non-
landscape lighting, and a comprehensive
reflective coatings and glazings and
sign program.
windows must use low- reflectivity glass.
4. The hotel must include a minimum of
6.
Plans must be reviewed and approved by
1,000 square feet of meeting room space.
the Director of Planning and Building
5. The hotel must include a minimum of 500
Safety for compliance with these Design
square feet of indoor fitness facilities.
Standards. If the Director finds that such
plans are not in compliance, an applicant
6. The hotel must include a recreational
may appeal that decision in accordance
amenity, such as a pool, spa, tennis court,
with the ESMC.
64538 \4162105v9 9 45
888 NORTH SEP UL VEDA BOULEVARD SPECIFIC PLAN
I. Phasing
The hotel portion of the Specific Plan area must be
completed in one phase of construction.
4.1 MODIFICATIONS
A. Minor Modifications
Minor changes may be made to the Project and the
Project Approvals ( "Minor Modifications ")
without amending the Specific Plan upon the
administrative approval of the Director of
Planning and Building Safety or designee,
provided that such modifications are consistent
with the Development Standards, Applicable
Rules and Project Approvals.
B. Major Modifications
Any proposed modification to the Project which
results in any of the following constitutes a Major
Modification and requires an amendment to the
Specific Plan:
1. Any decrease in the required building setbacks;
2. Any increase in the total developable square
footage or FAR of the entire Property for either
project option;
3. Any increase in height of buildings or structures
on the Property above 115 feet in height;
4. Any decrease in the minimum required lot area;
5. Any decrease in the minimum required lot
frontage;
6. Any change in use to a use which is not
permitted by this Specific Plan;
7. Any deviation from the uses and development
standards or limitations set forth in Section 4.0 of
this Specific Plan;
8. Any increase in the number of shared /joint use
parking spaces for the remote airport parking
facility with the office and hotel uses greater than
24 parking spaces;
9. Any material modification that requires
modifications to the Mitigated Negative
Declaration, other than an Addendum;
10. Other than the Major Modifications listed
above, all other modifications to the Project are
considered "Minor Modifications."
5.0 IMPLEMENTATION AND ADMINISTRATION
5.1. General Administration
The 888 North Sepulveda Boulevard Specific Plan
is administered and enforced by the City of El
Segundo in accordance with this Specific Plan and
the ESMC.
5.2. Relationship To The ESMC
This Specific Plan augments the development
regulations and standards of the City of El
Segundo's zoning regulations. When an issue,
condition or situation occurs which is not covered
or provided for in this Specific Plan, the zoning
regulations that are most applicable to the issue,
condition or situation apply. The procedures,
regulations, standards and specifications described
in this Specific Plan supersede any conflicting
portions of the ESMC. Any development
regulation and building requirement not addressed
in this Specific Plan is subject to applicable law.
5.3. Amendment
In accordance with the Government Code § §
65450- 65457, Specific Plans must be prepared,
adopted and amended in the same manner as
General Plans except that Specific Plans may be
adopted by resolution or by ordinance.
This Specific Plan may be amended as necessary
in the same manner it was adopted, by ordinance.
Said amendment or amendments do not require a
concurrent General Plan amendment unless the
Director of Planning and Building Safety
64538 \4162105v9 10
46
888 NNoRTHSEPULVED,4 BO ULE VA RD SPECIFIC PLAN
determines that the proposed amendment would
substantially affect General Plan gams, policies,
objectives or programs.
64538\4162 1050 11
47
888 North Sepulveda Boulevard
Specific Plan
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
THE REALTY ASSOCIATES FUND IX, L.P.,
A CALIFORNIA LIMITED PARTNERSHIP
FOR 888,892 & 898 NORTH SEPULVEDA BOULEVARD
THIS AGREEMENT MUST BE RECORDED WITHIN TEN DAYS
OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE
REQUIREMENTS OF GOVERNMENT CODE § 65868.5
64538 \4162327x5 EXHIBIT D 49
Table of Contents
Page
1. Recitals ....................................................................................................... ..............................1
2. Definitions ................................................................................................. ..............................1
3. Interest of Developer ................................................................................ ...............................
2
4. Binding Effect ............................................................................................ ..............................2
5. Negation of Agency .................................................................................. ...............................
2
6. Development of the Site ........................................................................... ..............................2
7. Acknowledgements, Agreements and Assurances on the Part of the Developer ....................
3
8. Acknowledgments, Agreements and Assurances on the Part of the City .. ..............................3
9. Vesting of Development Rights ................................................................. ..............................4
10. Benefits to the City .................................................................................... ..............................4
11. Cooperation and Implementation ............................................................... ..............................6
12. Review of Compliance ............................................................................... ..............................6
13. Default Provisions ...................................................................................... ..............................6
14. Mortgagee Protection ................................................................................. ..............................7
15. Estoppel Certificate .................................................................................... ..............................8
16. Operating Memoranda and Amendments of Development Agreement ..................................
8
17. Term of Agreement .................................................................................... ..............................9
18. Administration of Agreement and Resolution of Disputes ........................ ..............................9
19. Notices ...................................................................................................... ...............................
9
20. Severability and Termination .................................................................... .............................10
21. Time of Essence ........................................................................................ .............................10
22. Force Majeure ........................................................................................... .............................10
23. Waiver ....................................................................................................... .............................10
24. Entire Agreement ...................................................................................... .............................10
25. Relationship of the Parties ........................................................................ .............................10
26. Rules of Construction ............................................................................... .............................10
27. Constructive Notice and Acceptance ...................................................... ...............................
11
28. No Third Party Beneficiaries .................................................................... .............................11
29. Incorporation of Exhibits .......................................................................... .............................11
30. Entire Agreement Conflicts ...................................................................... .............................11
31. Release Upon Transfer ............................................................................ ...............................
11
32. Hold Harmless .......................................................................................... .............................11
33. Joint Preparation ....................................................................................... .............................12
34. Governing Law and Venue ....................................................................... .............................12
35. Counterparts .............................................................................................. .............................12
64538 \4162327v5 j
50
DEVELOPMENT AGREEMENT
This Development Agreement ( "Agreement ") is made this day of
2014, by and between the CITY OF EL SEGUNDO, a general law city and municipal
corporation ( "City "), and THE REALTY ASSOCIATES FUND IX, L.P., a California limited
partnership (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 corner of Sepulveda Boulevard and Walnut Avenue, 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 story
office building and is legally described in attached Exhibit "A -1," which is incorporated by
reference ( "Parcel 1 "). . Currently, 888 N. Sepulveda Boulevard is vacant and is legally
described in attached Exhibit "A -2," which is incorporated by reference ( "Parcel 3 ").. Currently,
892 N. Sepulveda Boulevard is improved with a seven (7) -story parking structure and is legally
described in attached Exhibit "A -3," which is incorporated by reference ( "Parcel 2 ").
C. This Agreement is executed for the purpose of developing the Site
pursuant to applicable law (as defined below) including, without limitation, the 888 North
Sepulveda Boulevard Specific Plan, with a new hotel. Once executed, it supersedes all previous
development agreements affecting the site including, without limitation, a 2001 development
agreement (as amended).
D. This Agreement will bind the Parties to the terms and obligations specified
in this Agreement. Among other things, this Agreement obligates Developer to construct the
Project in compliance with the 888 North Sepulveda Boulevard Specific Plan and limits City's
ability to delay, postpone, preclude or regulate development of the Project.
2. Definitions. Unless the contrary is stated or clearly appears from the context, the
following definitions govern the construction of the words and phrases used in this Agreement.
Words and phrases not defined in this Section will have the meaning set forth in this Agreement;
the El Segundo Municipal Code; or in common usage. :
(a) "Applicable Rules" means federal, state and local laws existing at the
time of the Effective Date. Applicable Rules includes, without limitation, the 888 North
Sepulveda Boulevard Specific Plan along with such Discretionary Approvals adopted by the City
Council for the Project.
64538 \4162327v6 1 51
(b) "Effective Date" means the date on which the Enabling Ordinance
becomes effective in accordance with Government Code § 36937.
(c) "Enabling Ordinance" means Ordinance No. 1494, approving this
Development Agreement.
(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) "Uniform Codes" means those Uniform Codes adopted by reference in
the ESMC in accordance with Government Code §§ 50022.2, et seq. as required by applicable
law including, without limitation, Health and Safety Code § 18944.5 and Title 24 of the
California Code of Regulations. The Uniform Codes govern building and construction standards
including, without limitation, the building, plumbing, electrical, mechanical, grading, sign, and
fire standards.
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 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 Site.The following specific restrictions govern the use and
development of the Project as described herein and in Exhibit `B," and without the need for any
additional Discretionary Actions:
(a) Permitted Uses of the Site. Nothing set forth in this Agreement may be
deemed to require Developer to complete the Project. However, City and Developer agree that
the permitted, conditional and permitted uses of the Site are provided in the Applicable Rules.
64538 \4162327v6 2 52
(b) Density and Intensity of Use. City and Developer agree that the maximum
densities and, intensities for the permitted use of the Site are set forth in the Applicable Rules
and in this Agreement.
(c) Maximum Height and Size of Proposed Building. City and Developer
agree that the maximum height and size of the hotel proposed for the Site are set forth in the
Applicable Rules and in this Agreement.
(d) Development Standards. All design and development standards applicable
to the development of the Project must comply with the Applicable Rules.
(e) Adherence to Uniform Codes. All construction on the Site must adhere to
the Uniform Codes in effect at the time building permits are issued.
(f) Remote Airport Parking. Developer will own and operate the remote
airport parking facility with use and operation to be approved by an Administrative Use Permit
concurrent with the approval of this Agreement. Upon the Effective Date, the Parties agree that
the existing "Administrative Use Permit" (EA No. 356, and AUP No. 94 -6), for the "Park and
Ride" will be automatically terminated without additional action by either party.
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 Developer to obligate
itself to carry out the covenants and conditions set forth in the preceding Section 7 of this
Agreement, 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 Applicable Rules. Therefore, the City agrees and acknowledges that:
(a) Entitlement to Develop. Developer is granted the vested right to develop the
Project on the Site to the extent and in the manner provided by the Applicable Rules and any
"Subsequent Applicable Rules." Any change in the Applicable Rules including, without
limitation, any change in the General Plan, any applicable specific plan, zoning regulations,
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
64538\41623270 3 53
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.
(b) Prevailing Wages. In the event any infrastructure improvements are paid for in
whole or in part out of public funds, as contemplated by Labor Code § 1720, Developer agrees to
pay prevailing wages for the construction of such improvements to the extent required by
Applicable Law.
In the event that an Applicable Rule is enacted after the Effective Date 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
Applicable Rule.
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 has the right, without
obligation, except as otherwise specifically set forth herein, to develop the Site 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.
10. Benefits to the City. The parties acknowledge and agree that Developer's
agreement to perform and abide by the terms and conditions of this Agreement is material
consideration for City's agreement to also perform and abide by the terms and conditions of this
Agreement including, without limitation, the following specific public benefits to be provided to
the City in consideration for this Agreement:
• The addition of a new hotel at the Site will encourage additional renovation of
businesses in the immediate vicinity of the project site.
• The presence of a hotel and related evening activity will improve safety in this
northern gateway area as more activity, together with building illumination, will
create less of a need for police services as compared to the attractive nuisance of
the existing long -time vacant property.
• Existing and prospective corporate businesses and research & development
businesses will benefit from the availability of additional lodging choices with
competitive pricing resulting from more available rooms in the community.
• Residents seeking lodging for out of town guests will benefit from more hotel
choices which provide more competitive pricing with greater room availability.
64538\4162327v6 4 54
• The project will bring a new hotel flag to the City with experience in operating
business hotels for professionals and the addition of the new hotel will increase
the number of rooms and related facilities in the City to the benefit of adjacent
and nearby business.
• The project will provide one -time City revenues of $147,593 associated with the
$26 million development costs.
+ City will benefit from the increase in transient occupancy tax (TOT) which is a
direct net benefit to the General Fund as hotels and other commercial uses require
minimal city services. Estimated annual TOT is in excess of $500,000 for the life
of the hotel project.
• City will benefit from an increase in sales tax of approximately $100,000 per year
based on expected expenditures per room and the added occupancy rate for a new
business hotel will encourage business growth.
• City will benefit from an increase in property tax which, based on the City's tax
allocation formula and increased property tax valuation from a vacant to a
developed parcel, is estimated to be $29,000 per year.
• The Project will create approximately 20 full -time jobs and a limited number of
part-time positions. At an estimated salary of $35,000 per year, with many of
these jobs filled locally, this will increase annual payroll within the City by
approximately $700,000 and increase employment opportunities for the City's
residents. Additionally, earnings within the City will result in an indeterminate
amount of additional sales tax derived from retail expenditures by hotel
employees.
• Shuttle service to Los Angeles International Airport will be made available to
hotel guests to provide a convenient service for hotel guests and to reduce air
quality impacts and traffic impacts to the City's roadways.
• The Developer agrees to contribute to the City an additional sum in the amount of
$18,000 as an enhanced community benefit to be paid to the City annually
beginning upon the effective date of this Development Agreement. This annual
payment will cease on the date that a Certificate of Occupancy is issued for the
proposed hotel building.
11. Sales and Use Tax.
A. In the event the contract price for any work on the Project is valued at five
million dollars ($5,000,000) or more, Developer agrees to report, on a State Board of
Equalization Tax Return, any purchases of tangible personal property made in connection with
the finishing of and /or installation of materials, or fixtures for the Project, when such purchases
were made without sales or use tax due. Developer must indicate the City as a registered job site
location on the State Board of Equalization Tax Return. In such event, Developer must also
obtain a permit or a sub - permit from the State Board of Equalization indicating the City as the
64538 \4162327v6 5 55
registered job site location, in accordance with State Board of Equalization Operations
Memorandum No. 1023.
B. Developer further agrees that if Developer retains contractors or
subcontractors to perform a portion of work in the Project, and said contracts or subcontracts are
valued at five million dollars ($5,000,000) or more, said contracts or subcontracts must contain
the provisions set forth above.
C. The Director of Finance is authorized to relieve Developer, and
Developer's contractors and subcontractors, from the requirements set forth in this Section 5.6
upon proof to the reasonable satisfaction of the Director of Finance that Developer and /or its
contractors or subcontractors have made good faith efforts to obtain said permit or sub - permits,
but were denied the same by the State Board of Equalization.
12. Cooperation and Implementation. City agrees that it will cooperate with Developer
to the extent allowed by law and practicable to implement this Agreement. Upon satisfactory
performance by Developer of all required preliminary conditions, actions and payments, 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 City with all
documents, plans, and other information necessary for the City to carry out its obligations under
this agreement.
13. Review of Compliance.
(a) Periodic Review. The City Manager of City will review this Agreement annually,
on or before the anniversary of the Effective Date, in accordance with the procedures and
standards set forth in this Agreement and the ESMC in order to ascertain compliance by the
Developer with the terms of this Agreement.
(b) Special Review. The City Council of 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, Developer must
demonstrate good faith compliance with the terms of this Agreement. The burden of proof on
this issue is on Developer. The parties acknowledge that failure by Developer to demonstrate
good faith compliance constitutes grounds for termination or modification of this Agreement in
accordance with Government Code § 65865.1.
14. 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 sixty (60) days for defaults from
the date that the notice is deemed received, provided if the breaching party cannot reasonably
64538 \4162327v6
56
cure such a 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 City determines to proceed with termination of this Agreement, then City must give
written notice to 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, Developer must be given an opportunity to be
heard. If the City Council finds based upon the evidence that 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.
15. Attorneys' Fees and Costs.
Each party to this Agreement agrees to waive any entitlement of attorneys' fees and costs
incurred with respect to any dispute arising from this Agreement. The parties will each bear
their own attorneys' fees and costs in the event of any dispute.
16. 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.
64538 \4162327v6 7
57
17. 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
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.
18. 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 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 after review by 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 Developers 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, or (v) the density or intensity of use of the Project Site or the
maximum height or size of proposed 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.
64538 \4162327v6 8 58
(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 Subsequent Applicable Rules except Major
Modifications as defined in the 888 North Sepulveda Boulevard Specific Plan. Any Subsequent
Applicable Rules will automatically be incorporated into this Agreement. Except as otherwise
provided by this Agreement, City will not issue any Subsequent Applicable Rules for any portion
of the Project Site unless Developer requests such Subsequent Applicable Rule from City.
19. Term of Agreement. This Agreement becomes operative and begins upon the
Effective Date and remains in effect for a term of ten (10) years, unless said term is terminated,
modified, or extended by circumstance set forth in this Agreement or by mutual consent of the
Parties. 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.
20. 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 are also 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.
21. 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: The Realty Associates Fund IX, L.P.
1301 Dove Street, Suite 860
Newport Beach, CA 92660
64538 \4162327v6 9 59
Attn: Marcus Berry
With a copy to: Barnard Ventures, LLC
5100 Birch Street, Suite 100
Newport Beach, CA 92660
Attn: Scott Barnard
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.
22. 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.
23. Time of Essence.Time is of the essence for each provision of this Agreement of
which time is an element.
24. Force Maieure. 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.
25. 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.
26. 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.
27. Relationship 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.
28. 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
64538 \4162327v6 10 60
any provision of this Agreement be found to be in conflict with any provision of the Project
Approvals or the Subsequent Approvals, the provisions of this Agreement shall prevail over the
Project Approvals.
29. 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.
30. 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.
31. 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 3
Exhibit A -3
Legal Description of Parcel 2
Exhibit B
Description of the Project
Exhibit C
Form of Assignment and Assumption
32. 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.
33. Release Upon Transfer. Upon the sale or transfer of the Developer's interest in
any portion of the Site, 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 form 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 Site. 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.
34. Hold Harmless. Developer agrees to indemnify and hold the City harmless from
and against any claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising from the City's approval of the Project, this Agreement, Developer's
performance of this Agreement, and all procedures with approving this Agreement (collectively,
64538 \4162327v6 11 61
"Discretionary Approvals "), except to the extent such is a result of the City's sole negligence or
intentional misconduct. Should the City be named in any suit, or should any claim be brought
against it by suit or otherwise, whether the same be groundless or not, arising out of the
Discretionary Approvals, Developer agrees to defend the City (at the City's request and with
counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it
or any sums paid out in settlement or otherwise. For purposes of this Section "the City" includes
the City of El Segundo's elected officials, appointed officials, officers, and employees.
A. Defense of Agreement. If City accepts Developer's indemnification and
defense as provided above, City agrees to and must timely take all actions which are necessary or
required to uphold the validity and enforceability of this Agreement, the Discretionary
Approvals, and the Applicable Rules. This Section will survive the termination of this
Agreement.
35. Joint Pret)aration. 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.
36. Governing 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.
37. 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.
64538 \4162327v6
CITY OF EL SEGUNDO
By:
Mayor
12
-
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
THE REALTY ASSOCIATES FUND IX, L.P.,
a California limited partnership
By:
Name:
Its:
State of California }
}
County of Orange }
On before me, _ ._ R , Notary Public,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in his /her /their
authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
64538 \4162327v6 13 63
EXBIT -1
Legal Descrintlon of Parcel t (898 North Sel2ulveda Boulevard)
Parcel I;OfVating Tentative Parcel Map No. 71788.
6453M4162327v5 Exhibit A -I - 1 64
EXHIBIT A -2
Legal_ Description of Parcel 3 (888 North Sepulveda Boulevard)
Parcel 3 of Vesting Tentative Parcel Map No. 71788.
6453M4162327v5 Exhibit A -2 - 1 65
EXHIBIT A -3
Leizal Description of Parcel 2 (892 North Sepulveda Boulevard)
Parcel 2 of Vesting Tentative Parcel Map No. 71788.
64538W 1623270 Exhibit A -3 -1 66
EXHIBIT `B"
Description of Project
The Project consists of the development of a 190 room, five (5) story hotel not to exceed 77 feet
in height to the primary roof, consisting of 111,350 square feet (104,040 net square feet) together
with the existing 95,360 square foot (79,404 net square feet) office building comprising a Floor
Area Ratio ( "FAR ") of 1.41 on the three parcel property, with shared office and hotel parking
provided by the existing parking structure located on Parcel 2, with an additional 72 parking
stalls provided by the new hotel. The hotel will be approved by a Conditional Use Permit
( "CUP ") to be approved concurrently with this Agreement. The CUP encompasses the entire
2.98 acre Specific Plan area site. The remote airport parking business would operate through a
CUP approved concurrently with this Agreement and subject to the approval of a Parking
Demand Study and Shared Parking Analysis.
64538 \4162327v5 Exhibit B -1
67
EXHIBIT "C"
ASSIGNMENT AND ASSUMPTION
This Assignment and Assumption is entered into as of this day of
20_, by and between The Realty Associates Fund IX, L.P., a California Limited Partnership
( "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.
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:
64538 \4162327v5 Exhibit C -1
68
If to Assignor: The Realty Associates Fund IX, L.P.,
A California Limited Partnership
1301 Dove Street, Suite 860
Newport Beach, CA 92660
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 affect 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 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.
64538 \4162327v5 Exhibit C -2
69
(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 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.
64538 \4162327v5 Exhibit C -3
70
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"
"ASSIGNEE"
The Realty Associates Fund IX, L.P.,
A California Limited Partnership
By:
Name:
Its:
By:
Name:
Its:
64538 \4162327v5 Exhibit C -4 71
CITY COUNCIL RESOLUTION NO. 4867 EXHIBIT A
CITY COUNCIL ORDINANCE NO. 1494 EXHIBIT D
CONDITIONS OF APPROVAL
In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), the
Realty Associates Fund IX, L.P., agrees to comply with the following provisions as
conditions for the City of El Segundo's approval of a Mitigated Negative Declaration for
Environmental Assessment No. EA -997, General Plan Amendment No. GPA 12 -03,
Specific Plan No. SP 12 -05, Zone Change No. ZC 12 -03, Zone Text Amendment No.
ZTA 12 -05, Development Agreement No. DA 12 -04, Subdivision SUB 12 -07 for Vesting
Tentative Parcel Map No. 71788, Conditional Use Permit No. CUP 12 -08,
Administrative Use Permit No. AUP 13 -11, and Parking Demand Study No. PDS 12 -06
( "Project Conditions ").
Planning and Building Safety Department
Before building permits are issued, the applicant must submit plans
demonstrating substantial compliance with the plans and conditions
of approval on file with the Planning and Building Safety
Department. Any subsequent modification to the project as
approved, including the site plan, floor plan, elevations, landscaping
and materials, must be referred to the Director of Planning and
Building Safety to determine whether the Planning Commission
should review the proposed modification.
2. Before building permits are issued, the applicant must obtain all the
necessary approvals, licenses and permits and pay all the
appropriate fees as required by the City.
3. The applicant must comply with all mitigation measures identified in
the Mitigated Negative Declaration prepared for the Project. A
Mitigation Monitoring and Reporting Program (MMRP) was prepared
as part of the environmental review for the project and is attached as
Exhibit "C" to this Resolution. The mitigation measures of the MMRP
are incorporated into these conditions of approval by reference. All
mitigation measures and conditions of approval must be listed on
the plans submitted for plan check and the plans for which a building
permit is issued.
4. Any changes to the colors and materials of the exterior fagade of the
buildings and structures in the 888 North Sepulveda Boulevard
Specific Plan must be in compliance with the 888 North Sepulveda
-1-
72
Boulevard Specific Plan Section 4.0(H) Development Standards and
approved to the satisfaction of the Director of Planning and Building
Safety.
5. Before the City issues a building permit, the applicant must submit
final landscaping and irrigation plans to the Planning and Building
Safety Department and the Parks and Recreation Department for
review and approval to demonstrate compliance with the City's
Water Conservation regulations and Guidelines for Water
Conservation in Landscaping (ESMC §§ 10 -2 -1, et seq.). The plant
materials used in landscaping must be compatible with the El
Segundo climate pursuant to Sunset Western Garden Book's Zone
24 published by Sunset Books, Inc., Revised and Updated 2001
edition, which is available for review at the Planning and Building
Safety Department. Additionally, the landscaping and irrigation must
be completely installed before the City issues a final Certificate of
Occupancy. Additionally, the final landscaping and irrigation plans
must comply with the following:
• Reclaimed water must be used as the water source to
irrigate landscaped areas, if feasible. To that end, dual water
connections must be installed to allow for landscaping to be
irrigated by reclaimed water, if feasible.
• Efficient irrigation systems must be installed which minimize
runoff and evaporation and maximize the water which will
reach plant roots (e.g., drip irrigation, automatic sprinklers
equipped with moisture sensors).
• Automatic sprinkler systems must be set to irrigate
landscaping during early morning hours or during the
evening to reduce water losses from evaporation. Sprinklers
must also be reset to water less often in cooler months and
during the rainfall season so that water is not wasted by
excessive landscaping irrigation.
& Selection of drought - tolerant, low -water consuming plant varieties
must be used to reduce irrigation water consumption, in compliance
with ESMC §§ 10 -2 -1, et seq.
7. Employees of both the proposed hotel and the existing office
building must be provided current maps, routes and schedules for
public transit routes serving the site; telephone numbers for referrals
on transportation information including numbers for the regional
ridesharing agency and local transit operators; ridesharing
promotional materials; and bicycle route and facility information.
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73
8. Trash and recycling enclosures must be provided and shown on the
site plan that are sufficiently large enough to store the necessary
bins required for the regular collection of commercial solid waste
and recyclable materials. The site plan with the location and
dimensions of the trash and recycling enclosure and an elevation
view of the enclosure must be provided to the Planning and Building
Safety Department for review and approval before the City issues
building permits.
9. Ground level mechanical equipment, refuse collectors, storage
tanks, generators, and other similar facilities must be screened from
view with dense landscaping and walls constructed of materials and
finishes compatible with the overall design of the project and any
ancillary buildings and in compliance with 888 NSBSP § 4.0(H) to
the satisfaction of the Director of Planning and Building Safety.
10. Exterior lighting must be designed to minimize off -site glare.
11. The building must be designed to comply with all ESMC standards
for the attenuation of interior noise.
Building Division Conditions
12. Before building permits are issued, the applicant must submit a
geotechnical /soils report, along with an associated grading plan that
addresses the current code to the Planning and Building Safety
Department for review and approval.
13. Before grading permits are issued, the applicant must submit a soils
report to the Planning and Building Safety Department for review
and approval.
14. Before grading permits are issued, the applicant must submit a
grading plan to the Planning and Building Safety Department for
review and approval. Before building permits are issued, plans must
show conformance with the 2013 California Building Code, 2013
California Mechanical Code, 2013 California Plumbing Code, 2013
California Electrical Code, and 2013 California Energy Code, all as
adopted by the ESMC.
15. Before building permits are issued, plans must show compliance
with accessibility requirements per the 2013 California Building
Code, as adopted by the ESMC.
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74
16. The applicant must provide a complete pool enclosure that
encompasses the pool per the 2013 California Building Code, as
adopted by the ESMC.
17. The applicant must provide a disabled access lift to access the pool
per the 2013 California Building Code, as adopted by the ESMC.
18. At least one stairway must access the roof per the 2013 California
Building Code, as adopted by the ESMC.
19. The applicant must provide a van accessible disabled parking space
in the open, exterior parking area in addition to the van accessible
disabled parking required in the underground parking area. The stall
width must be a minimum of nine feet and the unloading zone area
must be a minimum of eight feet in width.
20. The project must comply with current storm water requirements
including the new MS4 permit under CAS004001.
21. The project will require complete structural calculations, notes, and
details.
22. Separate permit applications will be required for all walls (retaining
walls /block walls).
Fire Department Conditions
23. The project must comply with all applicable requirements in the 2013
California Building and Fire Codes, and the 2012 International Fire
Code as adopted by the ESMC and El Segundo Fire Department
regulations.
24. Construction of any cafeteria or kitchen facilities must include
installation of a grease interceptor capable of removing fats, oils,
and grease from the kitchen waste stream. If the Los Angeles
County Health Department determines that the food preparation
area does not require the installation of grease interceptors, then
this condition will not be required.
25. Construction activities must include a storm water pollution
prevention plan addressing non -storm water run -off, debris removal,
track -out and protection of storm water system.
26. Any diesel - powered generators must be approved by the Fire
Department, Environmental Safety Division, and provide for
secondary containment, placarding, spill detection and prevention.
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75
Underground tanks require additional environmental monitoring
requirements.
27. The applicant must provide the Environmental Safety Division of the
El Segundo Fire Department an inventory of any and all chemicals
used for laundry, pool or house cleaning, emergency generators or
other devices.
28. The applicant, or designee, must contact Underground Service Alert
before digging or excavating.
29. In addition to the building plan check submittal, the applicant must
provide as a separate submittal, and have approved by the Fire
Department prior to issuance of the building permit, a Fire /Life
Safety Plan, identifying fire safety precautions during demolition and
construction, emergency site access during construction, permanent
fire department access, fire hydrant locations and any existing or
proposed fire sprinkler systems and fire alarm systems.
30. The applicant must comply with the City of El Segundo mid -rise
building requirements identified in the 2013 California Fire Code
(Section 915) adopted by the City of El Segundo.
31. A certification from the underground petroleum pipeline company
must be submitted at time of initial plan check review, indicating that
any proposed project encroachment within the pipeline right -of -way
has been reviewed and approved by the pipeline owner /operator.
32. Any proposed exterior fire features must provide the following: (1) A
barrier must be provided around the fire feature to prevent
accidental access into the fire feature; (2) The distance between the
fire feature and any combustible material and /or furnishings must
meet the listed manufacturer's requirements; (3) all exit paths and
occupant seating must be a minimum 36 inches from the fire
feature.
Public Works Department Conditions
33. All onsite utilities including, without limitation, water, electricity, gas,
sewer and storm drains, must be installed underground. Contact
Southern California Edison for required service and underground
requirements (contact Mr. John Deng at (310) 783 - 9305).
34. A utility plan must be provided that shows all existing and proposed
utility lines (sewer, water, storm drain, gas, electrical, cable,
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76
communications, etc.) and their sizes, including easement
boundaries, around the project site.
35. Before the City issues a Certificate of Occupancy, the applicant
must upgrade the existing curb ramp located at the corner of Walnut
Avenue and Sepulveda Boulevard to standards as required by the
Public Works Department.
36. Before the City issues a Certificate of Occupancy, all damaged or
off -grade curb, sidewalk and pavement must be removed and
replaced as required by the Public Works Department by an
appropriately licensed contractor.
37. The applicant must secure any required encroachment permits from
the Public Works Department before commencing any work in the
public right -of -way.
38. The applicant must improve the existing driveway on Sepulveda
Boulevard to City Standards and adjust the off -grade existing
pullbox.
39. Any work on the public right -of -way along Sepulveda Boulevard
requires a Caltrans permit prior to issuance of the City
encroachment permit (contact Mr. Art Escalante at (213) 897 - 3218).
40. The project must comply with the latest National Pollution Discharge
Elimination System (NPDES) requirements and provide Best
Management Practices (BMPs) for sediment control, construction
material control and erosion control.
41. Before the City issues a building permit, the location and sizes of all
proposed water meters must be approved by the City's Water
Division. The applicant must provide a water sewer service
connection and a water meter for each parcel.
42. Any existing water meters, portable water service connections, fire
backflow devices and potable water backflow devices must be
upgraded to current City Water Division standards. These devices
shall be placed or relocated onto private property. Contact the El
Segundo Water Division regarding any proposed water system
upgrades (meters, laterals, etc.) at (310) 524 -2742.
43. The applicant must submit plans for water system upgrades to the
City of El Segundo Public Works Department for review and
approval, including traffic control plans for work in the public right -of-
way.
M
77
44. Add the following note to the plans: No direct drainage connection
can be made to the City's catch basins or storm drain system.
45. Add the following note to the plans: Any unused water or sanitary
sewer laterals must be abandoned and properly capped at the City
main. Provide necessary permits (encroachment permit and
Caltrans permit) traffic control plans and shoring plans.
46. Add the following note to the plans: A CCTV video of the existing
sewer lateral condition must be made available for review so that the
Planning and Building Safety Department and the Public Works
Department can determine any need for repair. Neither the final
Public Works approval nor the Certificate of Occupancy can be
issued until the lateral condition is assessed and any necessary
repairs have been fully completed.
47. The applicant must submit construction, traffic control, and sewer
bypass plans for the proposed sewer upgrades to the City of El
Segundo Public Works Department for review and approval. No
construction on sewer system upgrades can occur without issuance
of an encroachment permit from the City of El Segundo Public
Works Department.
48. Before the City Issues a building permit the applicant must provide a
SUSMP (Standard Urban Storm Water Mitigation Plan).
49. Before the City issues a building permit the applicant must provide a
SWPPP (Stormwater Pollution Prevention Plan).
50. A registered civil engineer must provide storm (hydrologic and
hydraulic) calculations for appropriate storm drain facilities to control
on -site drainage and mitigate off -site impacts, as follows, subject to
review and approval from the Public Works Department:
a) The design must follow the criteria contained in both the Los
Angeles County Department of Public Works Hydrology Manual
2006 and Standard Urban Storm Water Mitigation Plan or most
recent editions. Flows must remain in their historical drainage
pattern so as not to impact neighboring properties. Calculations
shall be signed by a registered civil engineer.
b) New development must not increase the rate of flow (cubic feet
per second) or velocity (feet per second) of site run -off water to
any off -site drainage areas beyond the measured or calculated
pre - project rate and velocity.
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51. Add the following note to the plans: Construction related parking
must be provided on -site.
52. Add the following note to the plans: PG -64 -10 tack coat and hot mix
asphalt must be used for all slot paving required next to new
concrete. Slot paving must be 3 feet wide and 1 foot deep,
consisting of 6 inches of asphalt over 6 inches of base.
53. Add the following note to the plans: The applicant must repair any
damage to public streets and /or sidewalks due to construction or by
construction vehicles traveling to or from the project site, before the
permit can be finalized.
54. Add the following note to the plans: The developer or contractor
must inform all neighboring properties in writing of any street lane
closures or other significant traffic impacts on the adjacent streets at
least on week before they occur.
55. Add the following note to the plans: The contractor must obtain all
required City encroachment permits from the Public Works
Department before commencing any work in the public right -of -way,
including lane closure. Call (310) 524 -2360 for permit requirements
and associated fees.
56. Add the following note to the plans: No parkway trees are to be
removed without Recreation and Parks Department approval.
57. The Recreation and Parks Department will review the landscape
plans to ensure the plant material is compatible with the City's Water
Conservation and Landscape Ordinance.
58. All record drawings (as -built drawings) and supporting
documentation must be submitted to the Public Works Department
before scheduling the project's final inspection.
59. The Final Map must be recorded and filed with both the City
Engineer of the City of El Segundo and the Los Angeles County
Recorder's Office.
Police Department Conditions
60. Before the City issues a building permit for the hotel, the applicant
must submit a photometric light study to the Police Department for
review and approval. A site plan must be provided showing
buildings, parking areas, walkways, and the point -by -point
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photometric calculation of the required light levels. Foot candles
must be measured on a horizontal plane and conform to a uniformity
ratio of 4:1 average /minimum. The photometric study must be point -
by -point and include the light loss factor (7). Lighting levels must be
adjusted to meet the minimum foot candle requirements within each
area of the site. All interior or exterior corridors, passageways and
pedestrian walkways and open parking lot must be illuminated at all
times with a minimum maintained one foot - candle of light on the
walking surface. The plan must also include the underground
parking area and the existing parking structure.
61. A schematic plan of the security camera system must be submitted
and approved by the El Segundo Police Department before the City
issues a building permit for the hotel. The plan must be included as
a page in the stamped approved set of plans.
62. Lighting devices must be enclosed and protected by weather and
vandal resistant covers.
63. Stairways must be illuminated with a minimum maintained one foot -
candle of light on all landings and stair treads at all times.
64. All types of exterior doors must be illuminated during the hours of
darkness, with a minimum maintained one foot - candle of light
measured within a five -foot radius on each side of the door at
ground level. The light source must be controlled by a photocell
device or a time -clock with an astronomic clock feature and capable
of operating during a power outage.
65. The addressing, open parking lot and trash dumpster must be
illuminated with a maintained minimum of one foot - candle of light on
the ground surface during hours of darkness.
66. Street addressing must be a minimum of 6 inches high and must be
visible from the street or driving surface, of contrasting color to the
background and illuminated during hours of darkness. Addressing
must also be shown on plan elevations.
67. All landscaping must be low profile around perimeter fencing,
windows, doors and entryways so as not to limit visibility or provide
climbing access. Dense bushes cannot be clumped together in a
manner that provides easy concealment. Bushes must be trimmed
to a distance of two to three feet away from the buildings. After
reaching full maturity, tree crowns must be trimmed a minimum of
seven feet above grade.
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68. Stairwell doors exiting onto the street must have a minimum 100 -
square inch vision panel, with a minimum five inch width, to provide
visibility into the area being entered. Vision panels must meet the
requirements of the California Building Code, as adopted by the
ESMC. Vision panels must preclude manipulation of the interior
locking device from the exterior.
69. Interior stairwell doors must have glazing panels a minimum of five
inches wide and 20 inches in height and meet the requirements of
the California Building Code, as adopted by the ESMC. Guest rooms
must have a deadbolt lock, a secondary security latch and a wide
angle (190 -200 degree) door viewer, not to be mounted more than
58 inches from the bottom of the door.
70. Exterior mounted ladders are prohibited except: (1) ladders with a
minimum 1/8 inch thick steel plate, securely attached to the ladders
edge on each side, and extending to within two inches of the wall for
a height of ten feet above ground level. A door and cover must be
securely attached to the front of the ladder, and be constructed of
minimum 1/8 -inch steel, extending from ground level to at least ten
feet high. The ladder must have non - removable hinge pins and be
locked securely against the side wall by a locking mechanism with a
minimum five pin tumbler operation; or (2) the bottom of the ladder
must begin ten feet above the ground surface.
71. All pool entrances at the hotel must be posted with "No Trespassing"
signs.
72. Any pool restroom and shower doors at the hotel must have access
control as reviewed and approved by the El Segundo Police
Department.
73. Exterior gates leading to the pool at the hotel must be secured by
electronic access control.
74. A safe for the hotel must be installed in a secure location (ex:
general manager's office) and the safe must be equipped with
suitable anchors in concrete blocks or to the premises in which it is
located.
Construction Conditions
75. Before any construction occurs the perimeter of the property must
be fenced with a minimum 6 -foot high fence. The fence must be
covered with a material approved by the Planning and Building
Safety Department to prevent dust from leaving the site.
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76. Public sidewalks must remain open at all times.
77. All haul trucks hauling soil, sand, and other loose materials must
either be covered or maintain two feet of freeboard.
78. NOx emissions during construction must be reduced by limiting the
operation of heavy -duty construction equipment to no more than 5
pieces of equipment at any one time.
79. Staging of construction vehicles and vehicle entry and egress to the
site must be approved by the Public Works Department. Temporary
construction driveways must be approved by the Public Works
Department. Temporary construction driveways must be removed
before the City issues a certificate of occupancy.
80. Construction vehicles cannot use any route except the City's
designated Truck Routes.
81. The applicant must develop and implement a construction
management plan, as approved by the Public Works Department,
which includes the following measures recommended by the
SCAQMD:
• Configure construction parking to minimize traffic
interference.
• Provide temporary traffic controls during all phases of
construction activities to maintain traffic flow (e.g., flag
person).
• Re -route construction trucks away from congested streets.
• Maintain equipment and vehicles engines in good condition
and in proper tune as per manufacturer's specifications and
per SCAQMD rules, to minimize dust emissions.
• Suspend use of all construction equipment during second
stage smog alerts. Contact SCAQMD at (800) 242 -4022 for
daily forecasts.
• Use electricity from temporary power poles rather than
temporary diesel or gasoline - powered generators.
• Diesel- powered equipment such as booster pumps or
generators should be replaced by electric equipment, if
feasible.
• Catalytic converters must be installed, if feasible.
• Equipment must be equipped with two -to- four - degree engine
time retard or pre- combustion chamber engines.
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• Use methanol or natural gas powered mobile equipment and
pile drivers instead of diesel if readily available at
competitive prices.
• Use propane or butane powered on -site mobile equipment
instead of gasoline if readily available at competitive prices.
82. During construction and operations, all waste must be disposed in
accordance with all applicable laws and regulations. Toxic wastes
must be discarded at a licensed, regulated disposal site by a
licensed waste hauler.
83. All leaks, drips and spills occurring during construction must be
cleaned up promptly and in compliance with all applicable laws and
regulations to prevent contaminated soil on paved surfaces that can
be washed away into the storm drains.
84. If materials spills occur, they must be cleaned up in a way that will
not affect the storm drain system.
85. The project must comply with ESMC Chapter 5 -4, which establishes
storm water and urban pollution controls.
86. Before anticipated rainfall, construction dumpsters must be covered
with tarps or plastic sheeting.
87. Inspections of the project site before and after storm events must be
conducted to determine whether Best Management Practices have
been implemented to reduce pollutant loadings identified in the
Storm Water Prevention Plan.
88. The owner or contractor must conduct daily street sweeping and
truck wheel cleaning to prevent dirt in the storm drain system.
89. Storm drain system must be safeguarded at all times during
construction.
90. All diesel equipment must be operated with closed engine doors and
must be equipped with factory- recommended mufflers.
91. Electrical power must be used to run air compressors and similar
power tools.
92. The applicant must provide a telephone number for local residents
to call to submit complaints associated with the construction noise.
The number must be posted on the project site and must be easily
viewed from adjacent public areas.
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93. During construction, the contractor must store and maintain
equipment as far as possible from adjacent residential property
locations northwest of the site.
94. As stated in ESMC Chapter 7 -2, construction related noise is
restricted to the hours of 7:00 a.m. to 6:00 p.m. Monday through
Saturday, and prohibited at anytime on Sunday or a Federal holiday.
Impact Fee Conditions
95. Pursuant to ESMC §§ 15- 27A -1, et seq., and before building permits
are issued, the applicant must pay a one -time fire services mitigation
fee in accordance with Resolution No 4687. The fee amount must
be based upon the adopted fee at the time the building permit is
issued.
96. Pursuant to ESMC §§ 15- 27A -1, et seq., and before building permits
are issued, the applicant must pay a one -time police services
mitigation fee in accordance with Resolution No. 4687. The fee
amount must be based upon the adopted fee at the time the building
permit is issued.
97. Pursuant to ESMC §§ 15- 27A -1, et seq., and before building permits
are issued, the applicant must pay a one -time park services
mitigation fee in accordance with Resolution No. 4687. The fee
amount must be based upon the adopted fee at the time the building
permit is issued.
98. Before building permits are issued, the applicant must pay the
required sewer connection fees (as specified in ESMC Title 12 -3).
99. Pursuant to ESMC §§ 15- 27A -1, et seq., and before the City issues
a certificate of occupancy, the applicant must pay a one time traffic
mitigation fee in accordance with Resolution No. 4443.
100. Before building permits are issued, the applicant must pay the
required School Fees. This condition does not limit the applicant's
ability to appeal or protest the payment of these fees to the school
districts(s).
Conditional Use Permit Conditions
In addition to the above "Project" conditions, the hotel is subject to the following
additional conditions:
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10 1. The Conditional Use Permit for the proposed hotel will expire twenty
four (24) months after its approval if the use has not commenced; or
if improvements are required, but construction has not commenced
under a valid building permit as specified in ESMC § 15- 23 -11.
102. The proposed hotel must provide features and amenities as
specified in 888 NSBSP § 4.0(G) to the satisfaction of the Director of
Planning and Building Safety.
103. The project must meet all design standards as specified in 888
NSBSP § 4.0(H) to the satisfaction of the Director of Planning and
Building Safety.
104. The proposed hotel must comply with the Transportation Demand
Management and Transportation Systems Management
requirements in 888 NSBSP § 4.0(F)(10).
105. Plans for the hotel must include combining the existing and
proposed walkways between the office building and hotel into a
single walkway through the Sepulveda setback area. Any fencing,
gate, and stairs providing access to the plaza must not be located in
the Sepulveda setback area.
106. The 72 parking spaces located at 888 North Sepulveda Boulevard
must be available only for the hotel use with corresponding signage
and /or pavement marking.
107. The large truck loading space located at 888 North Sepulveda
Boulevard must be made available for use by both the hotel at 888
North Sepulveda Boulevard and the office building at 898 North
Sepulveda Boulevard.
108. Ninety six (96) parking spaces must be provided for the hotel in the
parking structure at 892 North Sepulveda Boulevard. The parking
spaces must be designated spaces subject to the approval of a
parking management plan to the satisfaction of the Director of
Planning and Building Safety in compliance with the parking
management plan. The parking management plan must include
detailed floor plans that designate the assignment of parking.
Sharing of any of these required parking spaces with other uses
within the Specific Plan will only be permitted subject to approval of
a Parking Demand Study. An off -site parking covenant must be
reviewed and approved as to form and recorded to the satisfaction
of the Director of Planning and Building Safety and the City Attorney.
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Administrative Use Permit Conditions
The remote airport parking facility is subject to the following conditions;
109. A maximum of 501 parking spaces located in the parking structure
at 892 North Sepulveda Boulevard are allowed to be used for the
remote airport parking facility. Provision for shared /joint use of
parking spaces required for any other uses within the 888 North
Sepulveda Boulevard Specific Plan with the remote airport parking
facility is subject to a Parking Demand Study and the requirements
of the 888 North Sepulveda Boulevard Specific Plan.
110. Parking spaces for the remote airport parking shuttles and the
remote airport parking stalls must be designated spaces subject to
the approval of a parking management plan to the satisfaction of the
Director of Planning and Building Safety. All parking spaces and
loading spaces must be clearly marked and designated through the
use of signage and /or pavement marking to the satisfaction of the
Director of Planning and Building Safety in compliance with the
parking management plan. The parking management plan must
include detailed floor plans that designate the assignment of
parking.
111. A waiting area must be provided and maintained in the parking
structure for use by the remote airport parking patrons.
112. A restroom must be provided and maintained in the parking
structure for use by the remote airport parking patrons and
employees.
113. Building permits must be obtained for improvements to the parking
structure, including, but not limited to, the waiting area, storage
rooms, the valet parking booth, the restroom required in the parking
structure that will serve the remote airport parking facility employees
and patrons.
Parking Demand Study Conditions
The Parking Demand Study approval is subject to the following conditions:
114. A minimum of two hundred twenty eight (228) parking spaces
located in the parking structure at 892 North Sepulveda Boulevard
must be available for the office building uses at 898 North
Sepulveda Boulevard. An off site parking covenant must be
reviewed and approved as to form and recorded to the satisfaction
of the Director of Planning and Building Safety and the City Attorney.
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Sharing of any of these required parking spaces with other uses
within the Specific Plan are subject to the requirements of the 888
North Sepulveda Boulevard Specific Plan.
115. Ninety six (96) parking spaces must be provided in the parking
structure at 892 North Sepulveda Boulevard for the hotel use
located at 888 North Sepulveda Boulevard.
116. A maximum of seventeen (17) parking spaces maybe shared jointly
by the remote airport parking facility, the hotel, and the office uses.
A maximum of three hundred seven (307) parking spaces may be
shared jointly by the hotel and the office uses.
117. Any shared /joint use parking spaces for the hotel, the office building,
and the remote airport parking stalls must be designated spaces
subject to the approval of a parking management plan to the
satisfaction of the Director of Planning and Building Safety. All
parking spaces and loading spaces must be clearly marked and
designated through the use of signage and /or pavement marking to
the satisfaction of the Director of Planning and Building Safety in
compliance with the parking management plan. The parking
management plan must include detailed floor plans that designate
the assignment of parking.
Miscellaneous Conditions
118. The tentative parcel map will expire pursuant to Government Code §
66452.6 and ESMC § 14 -1 -12.
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119. The Realty Associates Fund IX, L.P., agrees to indemnify and hold
the City harmless from and against any claim, action, damages,
costs (including, without limitation, attorney's fees), injuries, or
liability, arising from the City's approval of Environmental
Assessment No. EA -997, General Plan Amendment No. GPA 12 -03,
Specific Plan No. SP 12 -05, Zone Change No. ZC 12 -03, Zone Text
Amendment No. ZTA 12 -05, Development Agreement No. DA 12-
04, Subdivision No. SUB 12 -07, Conditional Use Permit CUP 12 -08,
Parking Demand Study PDS 12 -06. Should the City be named in
any suit, or should any claim be brought against it by suit or
otherwise, whether the same be groundless or not, arising out of the
City approval of Environmental Assessment No. 997, the Realty
Associates Fund IX, L.P., agrees to defend the City (at the City's
request and with counsel satisfactory to the City) and will indemnify
the City for any judgment rendered against it or any sums paid out in
settlement or otherwise. For purposes of this section "the City"
includes the City of El Segundo's elected officials, appointed
officials, officers, and employees.
By signing this document, Scott Amling on behalf of the Realty Associates Fund IX, L.P.,
certifies that they have read, understood, and agree to the Project Conditions listed in
this document.
Scott Amling, Regional Director
Realty Associates Fund IX, L.P.
PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Plan ning)\976-1 000\EA-997\City Council \City Council
04.01.14 \EA- 997.CC rconditions of approval. 04.01.14.doc
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EL SEGUNDO CITY COUNCIL
MEETING DATE: April 15, 2014
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt a resolution pursuant to Public Contracts Code
§20168 finding that an emergency existed within the City, ratifying the action of the City
Manager and authorizing the City Manager to retroactively approve a contract in a form
approved by the City Attorney with John Phillips Plumbing to replace a hot water boiler
at the Park Vista Apartments without the need for bidding in accordance with Public
Contracts Code §§ 20168 and 22050 and El Segundo Municipal Code ( "ESMC ")§ 1 -7 -12
and 1 -7A -4 and find that the project is exempt from review under the California
Environmental Quality Act as an emergency repair. (Fiscal Impact: $8,532.00)
RECOMMENDED COUNCIL ACTION:
(1) Adopt a Resolution finding that an emergency existed and waiving bidding
requirements pursuant to Public Contracts Code §§ 20168 and 22050 and ESMC §§
1 -7 -12 and 1 -7A -4
(2) Authorize the City Manager to execute a maintenance contract with prevailing
wages, in a form approved by the City Attorney, John Phillips Plumbing for the
replacement of a hot water boiler at the Park Vista Apartments; and/or
(3) Find that the project is exempt from review under the California Environmental
Quality Act of 1970, as amended, Public Resources Code section 21000 et seq.
( "CEQA ") pursuant to Section 15269, subdivision (a) of the CEQA Guidelines.
(4) Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
Declaration of Emergency
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted:
Additional Appropriation
Account Number(s) -
$8,532.00
N/A
Park Vista Capital Expenditures
ORIGINATED BY: Stephanie Katsouleas, Director of Public Works
REVIEWED BY: Meredith Petit, Recreation Supe r'ntetident
APPROVED BY: Greg Carpenter, City Manager M
BACKGROUND AND DISCUSSION:
-
al
On May 1, 1984, the City Council approved construction of a ninety -seven (97) unit project
generally known as the Park Vista Apartments ( "Park Vista ") with projected costs of
approximately $4 million. This cost was paid for with money approved for a Senior Citizen
housing project by voters on November 8, 1983. Park Vista was open to residents on or about
July 19, 1987.
On Thursday, March 27, 2014, one of the rooftop boilers providing hot water to approximately
40 units failed due an electrical short, which also caused a small fire inside the unit. Upon
calling out a plumber to inspect the damages, it was determined that the boiler could not be
repaired and was in need of replacement. A replacement boiler was installed the next day by
John Phillips Plumbing. This repair was treated as an emergency due to the need to provide Park
Vista residents with hot water and the hot water requirements identified in the California
Plumbing Code for occupied buildings such as Park Vista.
Ordinarily, the Public Contracts Code ( "PCC ") requires formal bidding for all public works
projects. PCC § 20168, however, allows the City Council to adopt a resolution by four -fifths
vote "declaring that the public interest and necessity demand the immediate expenditure of
public money to safeguard life, health or property." Pursuant to this section and PCC § 22050,
the City Council may by -pass bidding requirements ordinarily required under the PCC. An
"emergency" is defined as "a sudden, unexpected occurrence that poses a clear and imminent
danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health,
property, or essential public services."
Here, there was an imminent danger to public health and safety for several reasons including,
without limitation: (1) state regulations such as Chapter 6, Section 601 of the California
Plumbing Code, which requires the availability of hot water for bathing, washing, laundry,
cooking purposes, dishwashing or maintenance in occupied buildings; and (2) Park Vista is a
senior housing project who's residents rely on hot water for daily medical and other health needs.
The project is exempt from review under the California Environmental Quality Act of 1970, as
amended, Public Resources Code section 21000 et seq. ( "CEQA ") pursuant to Section 15269,
subdivision (a) of the CEQA Guidelines because replacing the boiler was an emergency repair to
a public facility necessary to maintain service essential to the public, health and welfare.
Therefore, staff recommends that City Council adopt the attached resolution declaring the hot
water boiler an emergency, ratifying the City Manager's actions to authorize the replacement of
the boiler, retroactively approving a contract with John Phillips Plumbing and finding that the
project is exempt from CEQA review as an emergency project.
WE
RESOLUTION NO.
A RESOLUTION ADOPTED PURSUANT TO PUBLIC
CONTRACTS CODE § 20168 FINDING THAT AN
EMERGENCY EXISTS WITHIN THE CITY AND
AUTHORIZING CONTRACTING WITHOUT THE NEED FOR
BIDDING PURSUANT TO § 22050 AND El Segundo
Municipal Code §§ 1 -7 -12 and 1 -7A-4 AND FINDING THAT
THE PROJECT IS EXEMPT FROM REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT AS AN
EMERGENCY REPAIR.
The City Council does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. Pursuant to Public Contracts Code ( "PCC ") § 20168, the City Council may,
upon a four -fifths vote, declare that public interest and necessity demand
the immediate expenditure of public money to safeguard life, health, or
property because of an emergency.
B. In accordance with PCC §§ 20168 and 22050, the City Council may repair
or replace a public facility, take any directly related and immediate action
required by that emergency, and procure the necessary equipment,
services, and supplies for those purposes, without giving notice for bids to
let contracts.
C. A domestic hot water boiler, located within the public facility identified as
Park Vista, failed on Thursday, March 27, 2014, due to a wiring short,
which also caused a small internal fire to the unit. Park Vista currently
houses many senior residents who were without hot water. The
inoperable boiler constituted an imminent threat to public health and safety
because the California Plumbing Code requires hot water be available to
occupied buildings for bathing, washing, dishwashing, laundry and other
cooking purposes.
D. In compliance with applicable law, and to protect public, health, safety and
welfare, the City Manager took immediate emergency action to replace the
boiler in accordance with El Segundo Municipal Code ( "ESMC ") §§ 1 -7 -12
and 1 -7A -4 and has reported his actions to the City Council.
E. The failed boiler constituted a sudden, unexpected occurrence that posed
a clear and imminent danger to the City property, its citizens, and
employees. This threat required immediate action to prevent or mitigate
the loss or impairment of essential public services.
F. Under such emergency conditions, the City Council finds that the delay
resulting from public bidding would have imperiled essential public
Resolution No.
Page 1 of 3
91
services.
G. The project is exempt from review under the California Environmental
Quality Act of 1970, as amended, Public Resources Code section 21000
et seq. ( "CEQA ") pursuant to Section 15269, subdivision (a) of the CEQA
Guidelines because replacing the boiler was an emergency repair to a
public facility necessary to maintain service essential to the public, health
and welfare.
SECTION 2: In light of the emergency described above, the City Council ratifies the
actions of the the City Manager, to take all steps necessary to protect public health,
safety and welfare including, without limitation, awarding contracts in accordance with
PCC § 22050 and ESMC §§ 1 -7A -4 and and 1 -7A -4
SECTION 3: This Resolution will become effective immediately upon adoption and
remain effective unless superseded by a subsequent resolution.
PASSED AND ADOPTED this 15th day of April, 2014.
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. Berger, Assistant City Attorney
Bill Fisher, Mayor
Resolution No.
Page 2 of 3
'A
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Tracy Weaver, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five;
that the foregoing resolution, being RESOLUTION NO. was duly passed and
adopted by the said City Council, approved and signed by the Mayor of said City, and
attested by the City Clerk of said City, all at a regular meeting of the said Council held
on the day of 2014, and the same was so passed and
adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTION:
NOT PARTICIPATING:
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of
, 2014.
Tracy Weaver, City Clerk
Of the City of El Segundo,
California
(SEAL)
Resolution No.
Page 3 of 3
93
CITY OF EL SEGUNDO
� o
City Manager's Office
DECLARATION OF EMERGENCY
The City Manager finds:
That conditions of extreme peril to the safety of persons and property arose within the
City of El Segundo, caused by the failure of a hot water boiler at the Park Vista Senior
Housing facility. These conditions required an immediate response to replace the
boiler.
These conditions of extreme peril warrant and necessitated the proclamation of the
existence of a local emergency with regard to the failure of the boiler.
Accordingly, pursuant to § 1-7A- the EI Segundo Municipal Code, a local emergency
is proclaimed to have existed n t! I Segundo on March 27, 2014.
n
,�� - -14
Date/Time
.,
EL SEGUNDO CITY COUNCIL MEETING DATE: April 15, 2014
AGENDA STATEMENT AGENDA HEADING: City Clerk
AGENDA DESCRIPTION:
Consideration and possible action reciting the fact of the General Municipal Election held
on April 8, 2014. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
(1) Read Resolution by title only;
(2) Adopt Resolution;
(3) Comments from seated Council;
(4) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Draft Resolution
FISCAL IMPACT: None
Amount Budgeted: $
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Tracy Weaver
REVIEWED BY: Tracy Weaver `j'~
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
The regularly scheduled Municipal Election for City Council was held on April 8, 2014 for two (2)
Council Seats and Measure A. Staff recommends Council adopt the Resolution declaring the
results.
Resolution will be provided prior to the Council Meeting.
95
5
RESOLUTION NO.
A RESOLUTION DECLARING THE RESULTS OF THE GENERAL
MUNICIPAL ELECTION HELD APRIL 8, 2014.
The City Council of the city of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. A General Municipal Election was held in the City of El Segundo on
Tuesday, April 8, 2014, as required by law;
B. Notice of the election was given in the manner provided by law;
C. Voting precincts were properly established, election officers were
appointed, votes were cast, votes were received and canvassed and the
returns made and declared in the time and manner required by the
Elections Code for holding elections in general law cities;
D. The City Clerk canvassed the returns of the election and certified the
results to the City Council. These results are attached as Exhibit "A," and
incorporated by reference.
SECTION 2: The whole number of ballots cast in the precincts, except
provisional ballots, was XXX. The number of provisional ballots cast in the City was
XXX, the number of vote by mail ballots cast in the City was XXX, making a total of XXX
ballots cast in the City.
SECTION 3: The names of persons voted for at the election for Members
of the City Council are as follows:
CITY COUNCIL
Suzanne Fuentes
Bill Fisher
Michael Dugan
The number of votes given at each precinct and the number of votes given in the City to
each of the persons named above for the respective offices for which the persons were
candidates are as listed in attached Exhibit A.
SECTION 4: The City Council declares and determines that XX was
(elected or re- elected) and XX was (elected or re- elected) as Members of the City
Council for full terms of four years.
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SECTION 5: That the measure voted upon at the election (Measure A) is
as follows:
SHALL THE CONSOLIDATED TAX MEASURE WHICH; INCREASES Yes ❑
UTILITY TAXES ON BUSINESSES BY 2.5% AND IMPOSES A 2.5%
UTILITY TAX ON RESIDENTS (BOTH REDUCE BY .5% AFTER 3 No ❑
YEARS); INCREASES TRANSIENT OCCUPANCY TAXES ON LODGING
BY 2 %; REDUCES BUSINESS LICENSE TAX CREDITS; AND IMPOSES
A BUSINESS LICENSE TAX ON COMMERCIALLY OPERATED PARKING
LOTS (EXCEPT OFFICE VISITOR, EMPLOYEE, RESTAURANT, HOTEL,
THEATER, RETAIL, AND VAILIDATED PARKING) FOR ALL CITY
SERVICES BE ADOPTED?
SECTION 6: That the number of votes given at each precinct and the
number of votes given in the City for and against these measures are as listed in Exhibit
A.
SECTION 7: The City Council declares and determines that as a result of
the election, Measure A [received a XXX vote accordingly, Ordinance No. XXX is
adopted. Pursuant to Elections Code § 9217, Ordinance No. XXX] will become effective
ten (10) days after the adoption of this Resolution.
SECTION 11: The City Clerk is directed to enter in the City's records a statement of the
result of the election, showing: (1) the whole number of ballots cast in the City; (2) the
names of the persons voted for; (3) the number of votes given at each precinct to each
person; and (4) the total number of votes given to each person.
SECTION 12: The City Clerk will immediately make and deliver to each of the persons
so elected a Certificate of Election signed by the City Clerk and authenticated; the City
Clerk will also administer to each person elected the Oath of Office prescribed in the
Constitution of the State of California and will have them subscribe to it and file it in the
office of the City Clerk. Each and all of the persons so elected will then be inducted into
the respective office to which they have been elected.
SECTION 13: The City Clerk will certify to the passage and adoption of this Resolution
and enter it into the book of original resolutions.
SECTION 14: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this 15th day of April 2014.
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ATTEST:
Tracy Weaver, City Clerk
Approved as to form:
Mark D. Hensley, City Attorney
Karl H. Berger, Assistant City Attorney
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Bill Fisher, Mayor
.;
EL SEGUNDO CITY COUNCIL MEETING DATE: April 15, 2014
AGENDA STATEMENT AGENDA HEADING: City Clerk
AGENDA DESCRIPTION:
Consideration and possible action regarding the administering of the Oath of Office to the
Council Members Elect. (Fiscal Impact: None)
I l J0► 117A ►L17- �ZK�1iJ►[y 1J IBC �7►I~
(1) Clerk presents Certificate of election and administers oath of office to Council
Members elect;
(2) Comments from newly seated Council Members;
(2) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
FISCAL IMPACT: None
Amount Budgeted: $
Additional Appropriation: No
Account Number(s):
ORIGINATED BY: Tracy Weaver,"
REVIEWED BY: Tracy Weaver l u`
APPROVED BY: Greg Carpenter, City Manager
I 1 :T4"I fZ� J11►117: ► 1 1 Y�IiLY.y r�]►A
Election Code Section 10265 states that the Elections Official (City Clerk) shall immediately sign
and deliver to each person elected a certificate of election. He or she shall also administer to each
person elected the oath of office prescribed in the California Constitution.
n4p
WE
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: April 15, 2014
AGENDA HEADING: City Clerk
Consideration and possible action regarding election of Mayor and Mayor Pro Tern by
seated Council Members. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
(1) Clerk receives nominations for Mayor;
(2) Mayor receives nominations for Mayor Pro Tem;
(2) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Copy of Government Code Section 36801
FISCAL IMPACT: None
Amount Budgeted: $
Additional Appropriation: No
Account Number(s):
ORIGINATED BY: Tracy Weave
REVIEWED BY: Tracy Weaver (�%�,
APPROVED BY: Greg Carpenter, City Manage 19 -
BACKGROUND AND DISCUSSION:
Government Code Section 36801 states that the City Council shall meet at the meeting at which
the declaration of the election results for a general municipal election is made and, following the
declaration of the election results and the installation of elected officials, choose one of its
members as Mayor and one of its members as Mayor Pro Tempore.
We
Page 1 of 1
GOVERNMENT CODE - GOV
Fa
TITLE 4. GOVERNMENT OF CITIES [34000 - 453451 ( Title 4 added by Stats. 1949, Ch. 79. )
DIVISION 3. OFFICERS [36501- 418051 (Division 3 added by Stats. 1949, Ch. 79. )
PART 2. LEGISLATIVE BODY [36801 - 40592 (Part 2 added by Stats. 1949, Ch. 79. )
CHAPTER 1. Organization [36801 - 36815] (Chapter 1 added by Stats. 1949, Ch. 79. )
36801- The city council shall meet at the meeting at which the declaration of the election results for a
general municipal election is made pursuant to Sections 10262 and 10263 of the Elections Code and,
following the declaration of the election results and the installation of elected officials, choose one of its
number as mayor, and one of its number as mayor pro tempore.
(Amended by Stats. 2005, Ch. 620, Sec. 1. Effective January 1, 2006.)
101
http : / /Ieginfo.legislature.ca.gov/ faces /printCodeSectionWindow.xhtml 4/2/2014
EL SEGUNDO CITY COUNCIL MEETING DATE: April 15, 2014
AGENDA ITEM STATEMENT AGENDA HEADING: Council Member Fellhauer
AGENDA DESCRIPTION:
Consideration and possible action to discuss the salary and benefits that the City Council members
receive and whether such should be reduced or eliminated either voluntarily or through formal
action. (Fiscal Impact: varies based on options)
RECOMMENDED COUNCIL ACTION:
1. Discuss the salary and benefits that the Council members receive and whether such should be
reduced or eliminated either voluntarily or through formal action;
2. Determine what type of action should be taken and /or direct staff to undertake further research
and tasks related to this matter and prepare documents for Council consideration as applicable;
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
FISCAL IMPACT: $
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s):
PREPARED BY: Greg Carpenter, City Manager J
REVIEWED BY: Marie Fellhauer, Council Member
APPROVED BY:
BACKGROUND & DISCUSSION:
As Council Members, we spend a great deal of time serving this community by attending meetings,
speaking with residents and business people and reviewing materials and information provided by staff.
I believe we do this work because we care deeply about this City and this is our way of giving
something back and trying to improve the future of the community. As Council Members, we are
provided with the opportunity to take the following salary and benefits:
Monthly Salary /Stipend - $900.00 (maximum allowed by State law)
Medical Insurance - up to $1,200.00 per month maximum (Council members can elect to pay
the difference for more expensive plans, sign up for less expensive plans or decline insurance
altogether).
PERS — Government Code Section 20322 permits Council members the option of participating
in Public Employee Retirement System (PERS) at any time during their term of office. If
Council members elect to join, they are responsible for paying a portion of the cost of the
benefit, also known as the member share. - Council members may "retire" after five years of
service and 50 years of age.
102
• Up to $190.45 per month maximum for Dental, Vision, participation in the City's Managed
Health Network (MHN) and a $50,000 Life Insurance Policy.
I asked staff to provide information on the benefits provided to the current Council Members as shown
in the table below:
I also asked staff to provide the information of former Council members who are receiving retirement
benefits. There are currently 5 former Council members (or beneficiaries) receiving retiree health
insurance for a total annual cost to the City of approximately $38,053. The average annual cost per
retired council member for this benefit is approximately $7,610.
In addition, these former council members also receive a pension. As an example, a Council member
that serves 2 4 -year terms (8 years of service), is 55 years of age and receives $900.00 per month in
salary would receive the following monthly pension:
8 years of service x .02 x $ 900 = $144.00 per month
This amount will vary based on the number of terms a Council Member serves and age, increases at a
fixed rate of 2% per year to account for inflation. The current cost to the City to enroll an active
Council Member for a PERS pension is approximately $1,836 per year.
Retiree Medical Insurance — After 5 years of service (or two 4 -year terms of office), Council members
and their spouses can receive lifetime medical insurance through the City. The current value of this
insurance is $1,200.00 per month (the same amount provided to the Executive Management Group).
Given the City's financial situation and the difficult decisions that will be discussed in coming months, I
would ask that the City Council consider reducing or eliminating the salary and /or benefits provided.
Should the majority of the City Council agree, staff should be directed to prepare the necessary
documents to implement and bring them back for City Council consideration and action.
103
Other
Costs
(Dental,
Annual
Enrolled in
Optical,
Medical
Eligible for
I PERS
Payroll
Total
Council
Annual
Insurance
Retiree
Pension /annual
Taxes,
annual
Member
Salary
Cost
Medical
cost
etc. )
expense
Atkinson
$10,800
$14,400
Dependent on
Yes /$1,836
$ 1,500
$28,536
service of
second term
Fellhauer
$10,800
Not enrolled
Dependent on
No
$ 1,008
$11,808
service of
second term
Fisher
$10,800
$14,400
Yes
Yes /$1,836
$ 3,564
$30,600
Fuentes
$10,800
$7,188
Yes
No
$ 2,544
$22,368
Jacobson
$10,800
$14,400
Yes
Yes /$1,836
$ 3,216
$30,252
I also asked staff to provide the information of former Council members who are receiving retirement
benefits. There are currently 5 former Council members (or beneficiaries) receiving retiree health
insurance for a total annual cost to the City of approximately $38,053. The average annual cost per
retired council member for this benefit is approximately $7,610.
In addition, these former council members also receive a pension. As an example, a Council member
that serves 2 4 -year terms (8 years of service), is 55 years of age and receives $900.00 per month in
salary would receive the following monthly pension:
8 years of service x .02 x $ 900 = $144.00 per month
This amount will vary based on the number of terms a Council Member serves and age, increases at a
fixed rate of 2% per year to account for inflation. The current cost to the City to enroll an active
Council Member for a PERS pension is approximately $1,836 per year.
Retiree Medical Insurance — After 5 years of service (or two 4 -year terms of office), Council members
and their spouses can receive lifetime medical insurance through the City. The current value of this
insurance is $1,200.00 per month (the same amount provided to the Executive Management Group).
Given the City's financial situation and the difficult decisions that will be discussed in coming months, I
would ask that the City Council consider reducing or eliminating the salary and /or benefits provided.
Should the majority of the City Council agree, staff should be directed to prepare the necessary
documents to implement and bring them back for City Council consideration and action.
103
It should be noted that some reductions may have to be done on a voluntary basis as the City Attorney
has informed me that Government Code Section 36516 requires that the City Council utilize the same
procedures for decreasing compensation as when increasing compensation. This means that the City
Council would need to adopt an ordinance amending El Segundo Municipal Code Section 14-3 (which
sets the City Council's compensation at $900 per month) to reduce its compensation and such a
reduction would not take effect until after the 2016 General Election. There may be other legal issues
associated with elimination of some of the other benefits unless such actions are taken voluntarily. Staff
will continue to research the process for elimination of benefits as directed by the City Council.
104