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2016 Sep 06 - CC PACKET
AGENDA EL SEOUNDO 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. SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 6, 2016 — 5:00 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)(1): -2- matter 1. City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279 2. Lewis vs. City of El Segundo. EAMS No. ADJ9634084, ADJ9634079 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): -1- matter. Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -2- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -2- matter 1. Public Employee Performance Evaluation Title: City Manager 2. Public Employee Performance Evaluation Title: City Attorney APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter PUBLIC EMPLOYMENT (Gov't Code § 54957) -0- matter 2 E CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -6- matters 1. Employee Organizations: Employee Organizations: Police Management Association; Police Officers Association; Police Support Services Employees Association; Fire Fighters Association; Supervisory and Professional Employees Association; Employees Association; Agency Designated Representative: Steve Filarsky and City Manager CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters 3 3 AT, — k1L F-A EL SE+GUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Any writings or documents given to a majority of the City Council regarding any matter on this agenda that the City received after issuing the agenda packet, are available for public inspection in the City Clerk's office during normal business hours. Such Documents may also be posted on the City's website at www.elsegundo.org and additional copies will be available at the City Council meeting. Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 6, 2016 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Jim Chaney, Church of the Beach Cities PLEDGE OF ALLEGIANCE — Council Member Pirsztuk L, M PRESENTATIONS a) Presentation — Wiseburn /EI Segundo Aquatics Center 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 to read all ordinances and resolutions on the Agenda by title only. Recommendation — Approval. B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) C. UNFINISHED BUSINESS 1. Continuation of the August 29, 2016 special meeting to consider action regarding City Council guidance to staff for preparing the Fiscal Year 2016- 2017 Proposed Budget. Staff will present the City Manager's recommended funding priorities associated with the General Fund reserve policy of 18% (option 4) and ask Council for direction on the prioritization of the recommended priorities. (Fiscal Impact: None) Recommendation — 1) Discuss and provide direction on Fiscal Year 2016 -2017 Proposed Operating Budget, as well as discuss and provide direction on the funding of the City Manager's priorities; 2) Council may raise other developments, fiscal policy, capital projects and other related topics as part of staff's preparation for the Fiscal Year 2016 -2017 Proposed Budget; 3) Alternatively, discuss and take other action related to these items. 6i 2. Consideration and possible action to modify the El Segundo Ambulance Transport Fee Structure. (Fiscal Impact: Unknown)____ Recommendation — 1) Authorize and approve the adoption of the Annual Los Angeles County General Public Ambulance Rates in its entirety; 2) Provide direction related to the continuance of the current practice of ambulance transport billing; 3) Alternatively, discuss and take other possible action related to this item. 3. Consideration and possible action to dissolve existing Community Cable Advisory Committee and possibly combine it with another established Commission or Committee. Fiscal Impact: None Recommendation - 1) Discuss the options presented in the staff report; 2) Alternatively, discuss and take other action related to this item. D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 4. Consideration and possible action to form a Subcommittee to study alternatives and develop a recommendation for Planning Commission and City Council consideration on development standards that regulate second story additions and new two -story homes in the R -1 zone. (Fiscal Impact: None) Recommendation - 1) At the request of the Planning Commission, create a subcommittee to study alternatives to the modulation requirements in the Single - Family Residential (R -1) Zone; 2) Alternatively, discuss and take other action related to this item. 5. Consideration and possible action to announce the appointments to the Planning Commission, Environmental Committee, Library Board of Trustees and Senior Citizen Housing Corporation Board. Fiscal Impact: None Recommendation - 1) Announce the appointees to the Planning Commission, Environmental Committee, Library Board of Trustees and Senior Citizen Housing Corporation Board; 2) Alternatively, discuss and take other action related to this item. on C: 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. 6. Warrant Numbers 3012487 through 3012826 on Register No. 22 in the total amount of $1,538,236.60 and Wire Transfers from 8/8/16 through 8/28/16 in the total amount of $3,410,715.17. Recommendation — Approve Warrant Demand Register and authorize staff to release. Ratify Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 7. Special Strategic Planning Minutes of August 3, 2016, Special Meeting Minutes of August 10, 2016, Special Meeting Minutes of August 15, 2016 and Regular City Council Meeting Minutes of August 16, 2016. Recommendation — Approval. 8. Consideration and possible action regarding approval of 1) a Side Letter between the City of El Segundo and the Supervisory and Professional Employees' Association (SPEA), 2) a revised Class Specification for the classification of Environmental Safety Manager, and 3) examination plan for Environmental Safety Manager. (Fiscal Impact: None) Recommendation — 1) Approve the Side Letter between the City of El Segundo and SPEA; 2) Approve the proposed Class of Specification for Environmental Safety Manager; 3) Approve the proposed examination plans for Environmental Safety Manager; 4) Alternatively, discuss and take other action related to these items. 9. Consideration and possible action to accept as complete the FY 2014/15 and 2015/16 Sidewalk, Curb and Gutter Replacement Project. Project No. PW 14 -16. (Fiscal Impact: $729,063.00) Recommendation — 1) Accept the work as complete; 2) Authorize the City Clerk to file a Notice of Completion in the County Recorder's Office; 3) Alternatively, discuss and take other action related to these items. 7 7 10. Consideration and possible action regarding a request from the El Segundo Kiwanis Club to operate a Beer Garden on public right of way at the 40th Annual Richmond Street Fair on Saturday, September 24, 2016 from 11:00 am — 5:00 pm. (Fiscal Impact: None) Recommendation - 1) Approve the request from the El Segundo Kiwanis Club to operate a Beer Garden on public right of way at the 40th Annual Richmond Street Fair on Saturday, September 24, 2016 from 11:00 am — 5:00 pm, subject to compliance with all Alcohol Beverage Commission regulations and permits; 2) Alternatively, discuss and take other action related to this item. 11. Consideration and possible action regarding a request to allow a Type 47 alcohol license for a new restaurant with outdoor seating. This request will modify and supersede a previously- approved administrative use permit for Whole Foods Market at Plaza El Segundo (760 South Sepulveda Boulevard), in the Commercial Center (C-4) zone. Applicant: Mrs. Gooch's Natural Foods Markets, Inc. (Fiscal Impact: None) Recommendation — 1) Receive and file this report without objecting to the issuance of a Type 47 ABC license for the on -site sale and consumption of beer, wine and distilled spirits at a new restaurant; 2) Alternatively, discuss and take other action related to these items. 12. Consideration and possible action to award a standard Public Works Contract to Kana Subsurface Engineering for the Water Meter Replacement Project in Commercial Area, Project No. PW16 -04. (Fiscal Impact: $1,186,088.00) Recommendation — 1) Authorize the City Manager to execute a standard Public Works Contract, in a form approved by the City Attorney, with Kana Subsurface Engineering in the amount of $1,031,381.00 for the Water Meter Replacement Project in Commercial Area East of Sepulveda Blvd. and Smokey Hollow area, (Project No. PW16 -04); 2) Authorize additional contingency of $154,707.00 for unforeseen conditions; 3) Alternatively, discuss and take other action related to these items. FQ 13. Consideration and possible action to award a standard Public Works Contract to Stephen Doreck Equipment Rentals, Inc. for Water Valve Replacement Project at multiple locations on the following streets: Hillcrest St., Cedar St., Holly Ave., Walnut Ave., Mariposa Ave. and Eucalyptus St., Project No. PW16 -24. (Fiscal Impact: $142,910.50) Recommendation — 1) Authorize the City Manager to execute a standard Public Works Contract, in a form approved by the City Attorney, with Stephen Doreck Equipment Rentals, Inc. in the amount of $124,270.00 for the Water Valve Replacement Project at multiple locations on the following streets: Hillcrest St., Cedar St., Holly Ave., Walnut Ave., Mariposa Ave. and Eucalyptus St. (Project No. PW16 -24); 2) Authorize additional contingency of $18,640.50 for unforeseen conditions; 3) Alternatively, discuss and take other action related to these items. 14. Consideration and possible action regarding a request for a new on -site sale and consumption of alcohol (Type 47 ABC License) for a lobby /bar area of new hotel (Hampton Inn & Suites) under construction at 888 North Sepulveda Blvd, EA No. 1153, AUP No. 16 -04. Applicant: Michael Haslett c/o OTO Development. fiscal Impact: N /A) Recommendation — 1) Receive and file report for the on -site sale of beer, wine and distilled spirits for on -site consumption at a new hotel at 888 North Sepulveda Blvd.; 2) Alternatively, discuss and take other action related to these items. 15. Consideration and possible action regarding a request for a new on -site sale and consumption of alcohol (Type 41 ABC License) for a new restaurant (Ocean Market Grill No. 2) under construction at a new commercial center (Elevon at El Segundo) located at 735 N. Douglas Street, EA No. 1156, AUP No. 16 -05, CUP No. 16 -03. Applicant: Efthemios Tsiboukas (Fiscal Impact: N /A) Recommendation — 1) Receive and file this report for the issuance of an alcohol license for the on -site sale of beer and wine for on -site consumption at a new restaurant at 735 N. Douglas Street; 2) Alternatively, discuss and take other action related to these items. 0J 16. Consideration and possible action regarding a request for a new on -site sale and consumption of alcohol (Type 41 ABC License) for a new restaurant (Lisa's Bon Appetit) under construction at a new commercial center (Elevon at El Segundo) located at 747 N. Douglas Street, EA No. 1159, CUP No. 16 -04, AUP No. 16 -07. Applicant: Susanne Alexander Fiscal Impact: N /A) Recommendation — 1) Receive and file this report without objecting to the issuance of an alcohol license for the on -site sale of beer and wine for on -site consumption at a new restaurant at 747 N. Douglas Street; 2) Alternatively, discuss and take other action related to these items. 17. Consideration and possible action to 1) award a standard Public Works contract to Letner Roofing Company for the Fire Station 1 Roof Replacement Project, 2) reject all bids for the Police Department Roof Replacement Project and 3) adopt plans and specifications for the Police Department roof and authorize staff to advertise for the receipt of construction bids; No. PW 15 -18. (Fiscal Impact: 333,000.00) Recommendation — 1) Award a contract for $273,000.00 to Letner Roofing Company, in a form approved by the City Attorney, for replacement of the Fire Station 1 roof and authorize an additional contingency of $60,000.00; 2) Reject all bids for replacement of the Police Station roof; 3) Adopt plans and specifications for the replacement of the Police Department roof and authorize staff to advertise for the receipt of construction bids; 4) Alternatively, discuss and take other action related to these items. F. NEW BUSINESS 18. Consideration and possible action to adopt a resolution declaring that the El Segundo City Council opposes the Los Angeles County Metropolitan Authority's proposed transportation ballot measure (Measure M) to be voted on this November by Los Angeles County voters. (Fiscal Impact: None) Recommendation — 1) Adopt a resolution in opposition to the Los Angeles County Metropolitan Transportation Authority's proposed transportation ballot measure (Measure M) to be voted on this November by Los Angeles County voters; 2) Alternatively, discuss and take other action related to these items. G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY 10 I. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Brann — Council Member Pirsztuk — Council Member Dugan — Mayor Pro Tern Boyles — Mayor Fuentes — PUBLIC COMMUNICATIONS —(Related to City Business Only —5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. MEMORIALS — CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et 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. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT 11 11 POSTED: DATE: I I L.p TIME. NAME a- 12 12 Presentation Wiseburn /EI Segundo Aquatics Center 13 EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: September 6, 2016 AGENDA HEADING: Continued Business Continuation of the August 29, 2016 special meeting to consider action regarding City Council guidance to staff for preparing the Fiscal Year 2016 -2017 Proposed Budget. Staff will present the City Manager's recommended funding priorities associated with the General Fund reserve policy of 18% (option 4) and ask Council for direction on the prioritization of the recommended priorities. (Fiscal Impact: none) RECOMMENDED COUNCIL ACTION: Discuss and provide direction on Fiscal Year 2016 -2017 Proposed Operating Budget, as well as discuss and provide direction on the funding of the City Manager's priorities; 2. Council may raise other developments, fiscal policy, capital projects and other related topics as part of staff's preparation for the Fiscal Year 2016 -2017 Proposed Budget; 3. Alternatively, take such additional, related, action that may be desirable. ATTACHED SUPPORTING DOCUMENTS: Attachment A — Recommended City Manager funding priorities under reserve policy option 4 Attachment B — Unfunded additional General Fund requests Attachment C — Budget neutral requests Attachment D — FY 2016 -17 Budget requests from other funds than the General Fund FISCAL IMPACT: None Amount Budgeted: $0 Additional Appropriation: N/A Account Number(s): None ORIGINATED BY: Joseph Lillio, Director of Finance 'SL" REVIEWED BY: Greg Carpenter, City Manager-9t APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: Recap of the Auaast 29, 2016 Spacial ►ueetin it On August 29, 2016, Staff presented to City Council all General Fund revenues and expenditures as of the 3rd Quarter and the projected Year -End estimates for Fiscal Year 2015 -2016. It was reported that the year -end revenues are estimated to be $64.6 million, or $1.4 million higher than the adopted budget. While the year -end expenditures are estimated to be $63.7 million, or 14 $700,000 less than the adopted budget. This results is an ending General Fund balance of $14,101,572 for FY 2015 -16. Table 1: Estimated General Fund Balance at September 30, 2016 Beginning Fund Balance at October 1, 2015 Plus revised estimated revenues for FY 2015 -16 Less revised estimated expenditures for FY 2015 -16 13,154,589 64,629,167 (63,682,184) Staff then presented the proposed FY 2016 -17 budget. Staff projects General Fund revenues to be $67.8 million, of which, $57.5 million comes from various taxes. The biggest single source of tax revenue is Sales & Use Tax, estimated at $12.2 million, followed by Business Licenses at $11.5 million; Transient Occupancy Tax (TOT) $9.6 million; Utility Users' Tax $7.2 million; and Property Tax at $7.1 million. Other taxes include Franchises $3.2 million and the Tax Resolution Agreement (TRA) with Chevron for $6.3 million. Other sources come from Charges for Services $4.8 million; Other Licenses & Permits $1.7 million. The balance is made up of miscellaneous sources. The proposed expenditures, including inter -fund transfers of $600,000, total $66.642 million; an increase of $2.3 million or 3.7% compared to the current year's adopted budget. Major increases are attributed to: Workers' Compensation $1.4 million; Group Insurance $829,838; Retirement (CalPERS) Contribution $389,386; Leave Payouts $182,700; FICA $109,927; Contractual Services $187,389; Software Maintenance $62,374; Training & Education $94,000; in- Custody Medical Charges $14,900; and Lease Payment $5,950. Some of these increases are offset by decreases in the following categories: Regular Salaries ($188,782) due to workforce transition; 401(a) Contribution ($259,800) due to termination of this benefit. The City is still in negotiations with 5 labor groups therefore the forecast is being created based on the continuation of the status quo of the current contracts. Any resolution that increases salary and benefit costs will need to come from reserves. Table 2: Estimated General Fund Balance at ber 30.2017 Beginning Fund Balance at October 1, 2016 Plus revised estimated revenues for FY 2015 -16 Less revised estimated expenditures for FY 2015 -16 P1 14,101,572 67,796,559 66,642,418) 15 Policy Option discussion on reserve levels for the General Fund The City Council's current reserve policy directs the General Fund reserve to increase from current level of 19% to 20% of the greater of appropriated revenues or expenditures for FY 2016 -17. City Council has the discretion to slowdown the rate of achieving the 20% reserve by setting the actual funding of the reserve to be less than 20% for FY 2016 -17 with the objective of funding the 20% in future years. Four options were presented for City Council's consideration in determining the level of General Fund reserves. City Council unanimously directed staff to proceed with reserve policy option 4, 18% of General Fund expenditures. This policy reserve option will provide $3.26 million in undesignated General Fund reserves. The City Manager has recommended (Attachment A) priorities to be funded with this $3.26 million in undesignated General Fund reserves. The Economic Uncertainty reserve is proposed to be set at $1,500,000 for FY 2016 -17. This is an increase of $250,000 over the current year reserve balance. When the Economic Uncertainty reserve is added to the General Fund reserve of 18 %, the total reserve level increases to 20.3 %. Table 3: Reserve Policy Option 4 —18% of GF Expenditures 7- -P 7' • Reserve Policy Expenditures Beginning Fund Balance @ 10/1/2016: $14,101,572 Projected Revenue $67,796,559 Projected Expenditures $66,642,418 Net + /( -) $1,154,141 Ending Fund Balance (Sept 30, 2017) $15,255,713 Less Designated Reserve Requirement $11,995,635 Undesignated GF reserves $3,260,078 Economic Uncertainty Reserve $1,500,000 Plus GF Reserve $11,995,635 Total Gross GF Reserves $13,495,635 Total Reserve as a % of policy 20.3% The additional General Fund policy options discussed were: • Policy Option I will require a General Fund reserve of 20% or $13,559,312. This would have left $13M as undesignated funds for Council's discretion. 16 Policy Option 2 - The City Council's FY 2015 -16 General Fund reserve is at 19% of the greater of appropriated revenues or expenditures. Policy option 2 proposed to retain this same funding policy for the FY 2016 -17 budget. This would have required a General Fund reserve of $12,881,346. This would have left $2.4M as undesignated funds for Council's discretion, approximately $700,000 over policy option 1. • Policy Option 3 — This policy option proposed to change the funding from 19% of "the greater of revenues or expenditures" to 19% of "expenditures ". With the proposed FY 2016 -17 budget, going with policy option 3 would have required a General Fund reserve of $12,662,059. This would have left $2.6M as undesignated funds for Council's discretion: approximately $900,000 over policy option 1 and $200,000 over policy option 2. For purposes of the September 6 meeting, Staff will present funding priorities as recommended by the City Manager as it relates to policy option 4. Staff will also present the departmental expenditure requests that did not get recommended for funding. City Council will discuss and provide direction to staff on the funding of the identified priorities as listed in Attachment A (City Manager's recommendations) and Attachment B (the additional General Fund requests that are unfunded). The funding priorities will be tied to the Strategic Goals identified in the August 3, Strategic Planning meeting. N 17 Attachment A Undesignated GF reserves * $3,260,200 City Manager Recommended Priority Funding on General Fund Requests #1 - CES Turf Replacement $580,000 #2 - Police Roof 400,000 #3 - Annual sidewalk, curb and gutter 250,000 #4 - CAD / RMS Replacement ($310k) 80,000 #5 - Fiber Project 350,000 #6 - Arterial & local street rehab ($500k) 400,000 #7 - Community Cameras and Fixed License Plate Readers ($125k over 3 yrs & add'I IS Specialist $128k /yr) 221,000 #8 - Marketing (Measure B) 200,000 #9 - IS Director ($226k /yr) 132,000 #10 - Main St. crosswalk lighting 80,000 #11- Library 3 P/T positions into 1 FTE 13,000 #12 - Additional P/T Rec Park P/T salaries 10,000 #13 - Restore CUPA position ($124k) 124,000 #14 - Fire reclass FF to Paramedic 12,000 #15 - Parks reclass 2 P/T maint to 2 F/T 58,000 #16 - Document Imaging - Police Records in Jail 100,000 #17 - Add City Eng /Eliminate 1 Principal Civil Eng 28,000 #18 - Equipment Mechanic 11 - New Position 87,000 #19 - Telestaff (on -line staffing) 56,100 #20 - Recl City Clerk Records Tech from P/T to F/T 50,900 Total City Manager Recommended Priority Funding on General Fund Requests $ 3,232,000 Undesi nated GF Reserves Remaining Balance $ 28,200 * Excludes any reserves for labor groups' negotiations. 18 PW reclass MA to Sr. MA - currently under review Reclass Custodian to Facilities Systems Mechanic Additional Fire Training Funds Park Beautification - Landscaping GIS Software (Web Mapping) Lexipol (On -line Policies) Senior Video Tech II - FTE 75% - New Position Additional funding for website /I.T. technology solutions ($150k already funded) Update Permit System (Planning & Plan Check) Park Beautification Fire Station Alerting PSO - Animal Control - New Position Retractable Bollards on Main (CIP) Fire Personal Protective Equipment CSI - Property & Evidence - New Position Laserfische Scanning (Planning & Building Safety) Emergency Management Coordinator ($140K /year) Human Resources Analyst - New Position 2 Police Assistant - Records - New Positions Plunge - Filter Replacement Facilities Needs Assessments (CIP) Part -time Rec Park Maint Assistant - New Position Increase in PT Personnel - New Aquatics Facility Centennial Celebration Attachment B $ 11,000 16,000 20,000 25,000 30,000 41,300 41,400 50,000 50,000 50,000 71,900 85,600 90,000 98,300 99,500 100,000 105,000 129,600 146,200 200,000 350,000 TBD TBD 19:317 Total Additional General Fund Requests Unfunded $ 1,810,800 19 Attachment C Planning and Building Sa Reclassify License /Permit Spec II to Permit Coordinator II - 2 Positions $ 26,600 Recl Sr Plan Check Eng from PT to FT Plan Check Eng 78,000 Planning Technician Plan Examiner (MEP) 80,300 106,200 Reduce P &BS Prof and Tech to offset personnel requests (291,100) Finance Eliminate Accounting Mgr and add 1 FT Accountant and 1 PT Accountant Public Works Temporary Maintenance Worker - New Position Recreation and Parks Increase in PT personnel for Centennial Celebration WE Attachment D 2016-2017 Other Funds Budget Requests Amount COPS Grant Fund Station Video Storage System $ 85,000 Asset Forfeiture Fund Replace RSVP Vehicle 30,000 Asset Forfeiture Fund or COPS Grant Fund Interoperability Network of the South Bay - Radio System Upgrade & Replacement 200,000 Equipment Replacement Fund Interoperability Network of the South Bay - Radio System Upgrade & Replacement 800,000 CAD / RIVIS Replacement 230,000 Water Operations Fund 2 Water Maint Workers II - New Positions 157,400 Reclassify Admin Specialist to Admin Tech Specialist 17,500 Total Other Funds Budget Requests $ 1,519,900 21 EL SEGUNDO CITY COUNCIL MEETING DATE: September 6, 2016 AGENDA STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action to modify the El Segundo Ambulance Transport Fee Structure (Fiscal Impact: Unknown). RECOMMENDED COUNCIL ACTION: 1. Authorize and approve the adoption of the Annual Los Angeles County General Public Ambulance Rates in its Entirety and; 2. Provide direction related to the continuance of the current practice of ambulance transport billing; 3. Alternately, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Current Los Angeles County Ambulance Transport Rate Structure with Attachments FISCAL IMPACT: Unknown Amount Budgeted: $683,000 (Revenue) Additional Appropriation: Unknown Account Number(s): 001 - 300 - 0000 -3843 ORIGINATED BY: Chris Donovan, Fire Chief REVIEWED BY: Greg Carpenter, City Manage APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: The topic of this staff report dates back many years and addresses questions related to the City of El Segundo ambulance transport program. This report presents for discussion topics related to one of the most important services that the fire department provides; ensuring efficient and effective pre - hospital emergency medical care for the sick and injured. This service includes: Patient assessments using medical equipment commonly found in hospitals; Patient treatment such as oxygen and intravenous (IV) therapy; and transport to local hospitals with two nationally accredited paramedics attending to the patient. As part of this service, the fire department charges insurance companies in compliance with the County of Los Angeles Emergency Medical Services Agency (EMSA) General Public Ambulance Rates. Each year the maximum allowable ambulance rates chargeable to the general public are reviewed and modified by Los Angeles EMSA according to the methodology as described in the Los Angeles County Ordinance Title 7 Business Licenses, Chapter 7.16 Ambulances. El Segundo follows this annual billing with minor modifications that remove billing for services and supplies such as pulse oximeters, disposable medical supplies, cervical collars and backboards to name a few charges. 22 In 2014 the department responded to 1,564 Emergency Medical Service (EMS) calls in which 918 patients were transported to local hospitals. In 2015 the department responded to 1,647 EMS calls in which 995 patients were transported to local hospitals. Those EMS calls which did not generate an ambulance transport received no bill. Otherwise each of the transports fell into one of two categories; Basic Life Support (BLS) and Advanced Life Support (ALS). BLS transports are those medical calls in which the patient doesn't require advanced medical treatment enroute to the hospital, but they do require ambulance transport with paramedic support (as opposed to private vehicle transport). In contrast ALS calls require advanced assessment and treatment modalities such as Intravenous (IV) access, airway management through intubation (placing a tube into a patient's trachea and manually delivering life - saving oxygen) and other advanced medical treatments, as well as code three driving using emergency lights and siren. Given the high level of pre - hospital patient care delivered by the fire department paramedics ALS calls are charged a higher rate. In fiscal year 2013 -14 the overall cost of the paramedic program was $2,482,924 and the department collected $636,313 (25.6% of paramedic program costs) in ambulance transport revenues. In 2014 -15 the overall cost of the program was $2,592,741 and the department collected $785,742 (30% of paramedic program costs) in ambulance transport revenues. The increase in revenues was $149,429 and can be attributed to three factors: • The number of EMS calls for service increased by 77 • The Los Angeles County EMSA ambulance transport rates increased • *Residential Co -Pay was implemented *In 2014, following strategic planning, the City implemented a new policy for the full collection of ambulance transport charges; a practice known as residential patient co -pay. This action was a result of the economic downturn and provided a new revenue option. The breakdown in the increased fees between 2014 and 2015 is presented below: Cause of Increased Transport Revenues Revenue Amount Increase in EMS Calls (77 more calls) $60,753 Increase in Los Angeles County EMSA ambulance rates $23,153 Implementation of Residential Co -Pay $65,523 It is very important to note that most insurance carriers, including Medicare, Medi -cal and Kaiser have contractual write downs procedures for ambulance transport charges. What this means is the gross amount billed for ambulance transport service in Los Angeles County is substantially reduced following consultation between Federal Social Security officials, California State Medi- Cal officials and other private insurance carriers. In addition, it is not un- common for ambulance transport costs, which insurance companies deem unnecessary on behalf of their insured member, to go to collections and eventually be written off by the City as bad debt. Below is an example of the most up -to -date El Segundo ambulance transport charges from August 2015 to July 2016 (12 month period): 23 Gross Medicare Medi -Cal Other Net Charges Bad Debt *Payments Percentage Percentage Charge write Write Contractual of Gross of Net down Down Write Down Charges Charges Collected Collected $1,672,792 1 $337,146 $193,009 $79,187 $1,063,450 $253,064 $810,386 48.45% 76.20% *Payments include residential co pays There exists many options available to all ambulance providers, both private and public, for ambulance transport charges making it possible to establish local policies that are in the best interest of the community served. The only stipulation is ambulance transport charges cannot exceed the allowable maximum in the rate schedule established annually by Los Angeles County EMSA. Previously, the City decided to modify some of the allowable charges, such as disposable medical supplies and volume ventilator and was therefore, not able to collect on all of the allowable charges. The table below identifies the charges for El Segundo ambulance transport service that could be billed to insurance companies on behalf of their insured members. Staff does not recommend changing the current policy of residential ambulance co -pay collection, however if a policy decision is made to change that practice, staff suggests including these Los Angeles General Public Ambulance Rates, in its entirety, to off -set any potential loss of revenue. Furthermore, the proposed charges are common and predictable for insurance companies and are reimbursed to the City following write -down procedures called out earlier in this report. The following is a breakdown in the ambulance transport billing that staff recommends. These charges follow the 2016 -17 Los Angeles County EMSA General Public Ambulance Rates: *Basic Life Support Transport $1,776 *Advanced Life Support Transport $1,900 Travel to hospital per mile $18 Oxygen Administration $92 Volume ventilator $172 Disposable medical supplies $27 *Patients can only be billed for either Basic Life Support or Advanced Life Support, not both The on -going discussion related to ambulance transport charge is as much about policy as it is about ambulance charges and revenues. The reality is, regardless of the decision the City Council makes related to ambulance charges, the service provided by the Fire Department is by far the most effective and efficient method to deliver life- saving care to the residents, business workers and visitors alike. The two - paramedic transport model is the gold standard in the industry and is an essential service provided by the El Segundo Fire Department. Moreover, the residents have become accustom to the exceptional life safety service delivered by El Segundo fire personnel and the department goes to great length to ensure those in need are provided only the finest care available. 24 Based on the information provided above it is the recommendation to 1) Authorize and approve the adoption of the Annual Los Angeles County General Public Ambulance Rates in its Entirety and; 2) Provide direction related to ambulance transport billing. 25 0 SERVICES AGENCY June 9, 2016 L O S ANGELES COUNTY Los Angeles County Board of Supervisors Hilda L Solis TO: Fire Chief, All 9 -1 -1 Paramedic Provider Agencies First District CEO, Private Provider Agencies Mark Ridley- Thomas City Manager, Each City in Los Angeles County Second Distkl Sheila Kuehl FROM: Cathy Chidester Third District Director Don Knabe Fourth District SUBJECT: GENERAL PUBLIC AMBULANCE RATES Michael D. Antonovich JULY 1, 2016 THROUGH JUNE 30, 2017 Fdth District Each year the maximum allowable ambulance rates chargeable to the general public are reviewed and modified according to the methodology as Cathy Chidester described in the County Ordinance Title 7 Business Licenses, Chapter 7.16 Director Ambulances. Marianne Gausche -HIII, MD Wdical Director On May 24, 2016, the Los Angeles County Board of Supervisors approved a revision to the above section of the County Ordinance, which is effective July 1, 2016. As a result, the methodology to conduct the annual 10100 Pioneer Blvd, Suite 200 adjustment to the General Public Ambulance Rates has been updated and Santa Fe Springs, CA 90670 is outlined in Attachment I. Tel: (562)347.1500 Fax: J562) 9415835 This new methodology was utilized to modify the general public ambulance rates that are effective July 1, 2016. Billing rates for transportation services provided on or after July 1, 2016 shall not exceed the allowable maximum To ensure timely, rates in the Rate Schedule (Attachment 11). compassionate, and quality if you have any questions, please call John Telmos, Chief Prehospital emergency and disaster Operations at (562) 347 -1677. medical services. CC:jt 06 -07a 0 Attachments v� c: Ordinance Liaison, Executive Office of the Board of Supervisors 0 U ;>0 W + L'i117 r r • }J fit 26 ATTACHMENT Section 7.16.340 Modification of Rates. The maximum rates chargeable to the general public as set forth in Sections 7.16.280 and 7.16.310 of this chapter shall be adjusted effective July 1, 1992, and on July 1st of each year thereafter, to reflect changes in the value of the dollar. For each of the one year periods respectively beginning July 1, 1992 and July 1, 1993 such adjustments shall be made by multiplying the base amounts by the percentage change in the transportation portion of the Consumer Price Index for All Urban Consumers, Western Region, as compiled and reported by the Bureau of Labor Statistics for the 12 -month period ending with the last day of the prior month of February. Beginning July 1, 1994, and on each July 1 thereafter, such adjustments shall be determined by multiplying the base amounts by the average of the percentage changes of the transportation portion and of the medical portion of the Consumer Price Index for All Urban Consumers, Western Region, as compiled and reported by the Bureau of Labor Statistics for the 12 -month period ending with the last day of the prior month of February. Beginning July 1, 2017, and on every July 1 thereafter, such adjustments shall be determined by multiplying seventy -five (75) percent of the base amounts by the percentage change of the minimum wage change in Los Angeles County as defined in County Code Section 8.100 .040 - Minimum Wage and by multiplying twenty -five (25) percent of the base amounts by the percentage change of the Medical Care line item of the Consumer Price Index for all Urban Customers, Western Region, as compiled and reported by the Bureau of Labor Statistics for the 12 -month period ending with the last day of the prior month of February, except for the following changes: Registered Nurse /Respiratory Therapist per hour after the first three (3) hours adjustment shall be determined by multiplying the current charge by the percentage change of the minimum wage change in Los Angeles County as defined in County Code Section 8.100 .040 - Minimum Wage: mileage adjustment shall be determined by multiplying the current charge for the percentage change of the transportation line item of the Consumer Price Index for All Urban Customers, Western Region, as compiled and reported by the Bureau of Labor Statistics for the 12 -month period ending with the last day of the prior month of February: and Oxygen, Disposable Medical Supplies, and a Ventilator adjustment shall be determined by multiplying the current charges by the percentage change of the Medical Care line item of the Consumer Price Index for all of the Customers, Western Region, as compiled and reported by the Bureau of Labor Statistics for the 12 month period ending with the last day of the prior month of February. The result so determined shall be rounded to the nearest whole number and added or subtracted, as appropriate, to the rate. The result so determined shall be rounded to the nearest whole number and added or subtracted, as appropriate, to the rate. The Director of the Department of Health Services, or authorized designee, shall initiate implementation of these rate changes by notifying in writing each licensed private ambulance operator in Los Angeles County thereof, and any other individual or agency requesting such notification from the Director. Such notice shall be sent by first class mail no later than June 15 of the prior period. 27 ATTACHMENT II COUNTY OF LOS ANGELES GENERAL PUBLIC AMBULANCE RATES RATES EFFECTIVE JULY 1, 2016 Section 7.16.280 Rate Schedule For Ambulances A. A ground ambulance operator shall charge no more than the following rates for one patient: Response to a non - emergency call with equipment and personnel at an advanced life support (ALS) level $1,776.00 2. Response to an emergency 9 -1 -1 call with equipment and personnel at an advanced life support (ALS) level $1,900.00 3. Response to a nonemergency call with equipment and personnel at a basic life support (BLS) level $1,183.00 4. Response to an emergency 9 -1 -1 call with equipment and personnel at a basic life support (BLS) level $1,268.00 5. Mileage rate. Each mile or fraction thereof $18.00 6. Waiting time. For each 30- minute period or fraction thereof after the first 30 minutes of waiting time at the request of the person hiring the ambulance $100.00 7. Standby time. The base rate for the prescribed level of service and, in addition, for each 30- minute period or fraction thereof after the first 30 minutes of standby time $96.00 B. This section does not apply to a contract between the ambulance operator and the County where different rates or payment mechanisms are specified. Section 7.16.310 Special Charges A. A ground ambulance operator shall charge no more than the following rates for special ancillary services: 1. Request for services after 7 PM and before 7 AM of the next day will be subject to an additional maximum charge of 2. Persons requiring oxygen, shall be subject to an additional maximum charge per tank or fraction thereof, and oxygen delivery equipment to include nasal cannula and/or oxygen mask, of $20.00 $92.00 3. Neonatal transport $190.00 f_1%if AM: Ijj14:1ti11 4. Registered nurse or respiratory therapist specialty care transport with equipment and personnel for up to 3 hours of transportation time $2137.00 5. Registered nurse and respiratory therapist specialty care transport with equipment and personnel for up to 3 hours of transportation time $2416.00 6. Registered Nurse and /or Respiratory Therapist per hour after the first 3 hours $114.00 7. Volume ventilator $176.00 8. Disposable medical supplies $27.00 B. Where other special services are requested or needed by any patient or authorized representative thereof, a reasonable charge commensurate with the cost of furnishing such special service may be made, provided that the ambulance operator shall file with the Director of the Department of Health Services a schedule of each special service proposed and the charge therefore, which charge shall be effective unless modified, restricted, or denied by the Director of the Department of Health Services. Special services are defined as services provided to a patient that are unique and individual to a specific patient's needs, and are performed on a limited basis. C. Charges for special services provided to patients that are new services, but will become an industry standard, must be reviewed and a rate commensurate with the service developed prior to ambulance operators charging such rate to the general public. Such rates shall not be charged to patients until approved by the Board of Supervisors. D. This section does not apply to a contract between an ambulance operator and the County where different rates or payment mechanisms are specified. M EL SEGUNDO CITY COUNCIL MEETING DATE: September 6, 2016 AGENDA STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action to dissolve the existing Community Cable Advisory Committee and possibly combine it with another established Commission or Committee. RECOMMENDED COUNCIL ACTION: 1. Discuss the options as presented in the staff report; and, 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: None Amount Budgeted: $0 Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Dan O'Toole, Community Cable Program Manager aT-- REVIEWED BY: Meredith Petit, Director of Recr_egtion & Parks _'IS4 tia rnr APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: The El Segundo Community Cable Advisory Committee (ESCCAC) was established to recommend, report and advise the City Council on programming for the El Segundo Community Cable (ESCC) channels carried locally on Time Warner Cable and recently on AT &T. The Committee's purpose was to provide five interested members of the community to represent the local residents to recommend content used for community, educational and governmental programming on the channels. The ESCCAC has not had a full five - member committee since 2013. Currently, the ESCCAC has only two active members, and therefore, is unable to hold meetings due to a lack of quorum. As the form of media for our residents evolves and expands to multiple contents and deliveries, we hope to develop increased outreach that will include all aspects of our city. With the expansion of new media demands comes opportunities that currently go beyond traditional television channels, such as alternative media, social media platforms, YouTube, High Definition Programming, websites, etc., to develop enhanced outreach to our El Segundo customers. The Community Cable Division has evolved as a result of technological advances and cultural shifts, and is more appropriately becoming an all- encompassing division of "Media Services." Media is defined as the means of communication that reach or influence people widely, or a medium of cultivation, conveyance, or expression. The Division also increasingly responds to requests from internal City departments and often performs functions of video creation, content editing, graphic design and visual media technical support. 3 WE Due to the evolution of the Division and the lack of membership on the CCAC it is necessary to review the structure in which community representatives participate in recommending program content and delivery methods of such programs. A likely solution would be to dissolve the existing CCAC and absorb those functions into another established committee, such as the Recreation and Parks Commission or the Arts and Culture Advisory Committee. The Community Cable Division was relocated to the Recreation and Parks Department in 2010. The unique Division in the past has also been assigned to the City Manager's and Library Departments. The Recreation and Parks Commission is charged with making recommendations to the City Council in all matters pertaining to Department functions, such as parks, recreation programs and facilities, parkways and street trees, field scheduling, acquisition of property, capital improvement projects, and allocating resources. It could be added to their purview to also review and advise in the areas related to the Community Cable Division, as the functions of the division have become a regular and integral component of the department. The Arts and Culture Advisory Committee was recently established by the City Council on August 2, 2016. While it is not yet fully functional, this committee is intended for the purposes of advising the City Council on promoting, encouraging, and increasing support for the City's artistic and cultural assets, integrating arts and culture into community life and showcasing El Segundo as a vibrant destination. The inclusion of the Community Cable Advisory Committee would fit best in this committee if the Division were in fact redefined and renamed to encompass a broader scope as the Media Services Division. In that case, the committee could become the Arts, Culture and Media Advisory Committee, whereas the association of this component would be as a participant in cultivating or expressing ideas, rather than that of simply promoting the activities of the committee. In summary, the City Council shall review and discuss the following options and select one or a combination: • Determine that the existing CCAC shall remain as is and focus on soliciting interested parties to apply and be appointed to the vacant seats • Determine there is no need for an advisory committee related to the Community Cable Division and dissolve the CCAC and do not reassign its functions to another committee • Determine to redefine and rename the Community Cable Division to Media Services Division • Determine that the Recreation and Parks Commission should absorb the functions of the CCAC as part of its overall Department oversight • Determine that the CCAC be added as a component to the newly established Arts and Culture Advisory Committee and possibly rename the committee to reflect its inclusion 31 EL SEGUNDO CITY COUNCIL MEETING DATE: September 6, 2016 AGENDA STATEMENT AGENDA HEADING: Reports on Committees, Commissions and Boards AGENDA DESCRIPTION: Consideration and possible action to form a Subcommittee to study alternatives and develop a recommendation for Planning Commission and City Council consideration on development standards that regulate second story additions and new two -story homes in the R -1 zone. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. At the request of the Planning Commission, create a subcommittee to study alternatives to the modulation requirements in the Single - Family Residential (R -1) Zone; 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: N/A FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Gregg McClain, Planning Manager C"I REVIEWED BY: Sam Lee, Planning and Building Safety Director APPROVED BY: Greg Carpenter, City Manager I. BACKGROUND AND DISCUSSION On April 5, 2016, Staff provided the Council with a report on the impacts and development patterns that took place in the 10 years prior to and the 10 years after implementation of the 2006 zoning code amendments related to R -1 standards. After discussion regarding the R -1 modulation requirements, on a 4 -0 vote, the Council directed Staff to prepare a zoning code amendment that would clean -up the development standards and improve or eliminate the modulation requirements in the R -1 zone. In accordance with the Council's direction, on August 25, 2016, Staff took an item to the Planning Commission regarding modulation in the R -1 zone. At the meeting Staff presented various alternatives to the current modulation requirements, and sought public input and Planning Commission direction. After discussing the alternatives presented to them, the Planning Commission felt that additional information was needed and that a subcommittee should be formed to study alternatives and to present their findings in a public forum. As such, the Planning Commission voted unanimously to request that the City Council create a subcommittee to study modulation alternatives. It is anticipated that the subcommittee will meet two to four times before returning with a recommendation. MIS 32 The Planning Commission also recommended that the subcommittee be comprised of two planning commissioners, be of a manageable size (not more than seven members) and be representative of stakeholders in the community. Stakeholders may include a homeowner, an architect, a developer, structural engineer, in addition to whomever else the Council deems appropriate. 33 EL SEGUNDO CITY COUNCIL MEETING DATE: September 6, 2016 AGENDA STATEMENT AGENDA HEADING: Committees, Commissions and Boards AGENDA DESCRIPTION: Consideration and possible action to announce the appointments to the Planning Commission, Environmental Committee, Library Board of Trustees and Senior Citizen Housing Corporation Board. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Announce the appointees to the Planning Commission, Environmental Committee, Library Board of Trustees and Senior Citizen Housing Corporation Board, if any; 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $ None Additional Appropriation: N/A Account Number(s): ORIGINATED BY: Mishia Jennings, Executive Assistant Ur REVIEWED BY: APPROVED BY: Greg Carpenter, City Manage& BACKGROUND AND DISCUSSION: Committee /Commission and Board Number of Appointee(s) Term Expiration Openings June 30, 2020 — Full Term Planning Commission 2 Ryan Baldino Brenda Newman June 30, 2020 — Full Term Library Board of Trustees 1 Janice Merva June 30, 2019 — Full Term Senior Citizen Housing Corp. Board 2 Martin Stone June 30, 2020 — Full Term 2 Patricia Gerber June 30, 2020 — Full Term Environmental Committee Kristi Zeman June 30, 2019 — Partial Term Caroline Hawks June 30, 2020 — Full Term S 34 N N W H to C9 W K 0 0 N w w Jn W F a w w LL O N 4' J O IL IL ¢ 0 O W H Z ❑ OLL ❑ y z m ❑� LLJJ W ¢ N F J0 W F- LL >OZ F U� (D N M n m N Cl) m O O m N W n m N O N N m m 0 W Ol m 0 m r O M m 0 �0 �0 NO n 10 n MN m O) 6iOO)I�m nNOO 0 o my my m �n �n �nMwo -Tv m rn v o o v m V N m Q M;: N M N -4.D Z m W LL 7 ❑ ❑ w w W 99 LL LL a O a, Iz— a uj ~ ¢ w co w O LL ¢ zzzaz ZY z p O O r o]- z ❑ O zw. 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N l0 m E O C m m O U c m rn U d W E C °c 0 m m o a 10 d C5 � U 'O O m 0 m a C ] Ol � C 5 � E 0 2 U mn of W O U w w LL U ° U m m m n E W a 0 T IL Q N W 0 O Ll 13 Z �V dwJ Q m Ll tcgm � N d 0 4A O u O C m V LS C E W E m o � N V m I > �%c 2 a ffi m N m a q `o E U E m Z y tb m Cc b r c w m m m JS rI e ro ++r w m y 1 C j C .macc UOJ US w v E m > m m E C E fC ¢ O U��Nii x U W ff d w U Z Lu l Z Q m 2 E ❑ 35 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 8/8/16 THROUGH 8/28/16 Date _Payee Description 8/8/2016 Cal Pers 458,257.95 EFT Health Insurance Payment 8/10/2016 Cal Pers 72,882.32 Safety - Annual Fire FSLA and uniform 8/10/2016 Cal Pers 5,870.88 Misc Annual uniform reporting 8/10/2016 West Basin 1,876,892.47 H2O payment 8/12/2016 Manufacturers & Traders 35,375.27 457 payment Vantagepoint 8/12/2016 Manufacturers & Traders 537.31 IRA payment Vantagepoint 8/12/2016 Nationwide NRS EFT 30,815.42 EFT 457 payment 8/12/2016 State of CA EFT 1,160.37 EFT Child support payment 8/12/2016 Health Comp 748.00 Weekly claims 8/15/2016 IRS 258,561.68 Federal 941 Deposit 8/15/2016 Employment Development 3,553.80 State SDI payment 8/15/2016 Employment Development 54,421.12 State PIT Withholding 8/17/2016 Cal Pers 104,404.73 EFT Retirement Misc - Classic 8/17/2016 Cal Pers 283,443.39 EFT Retirement Safety 8/17/2016 Cal Pers 1,554.21 EFT Retirement Safety -Fire 8/17/2016 Cal Pers 4,905.37 EFT Retirement Safety - Police 8/17/2016 Cal Pers 28,583.95 EFT Retirement Misc - PEPRA New 8/19/2016 Health Comp 3,734.18 Weekly claims 8/26/2016 Manufacturers & Traders 21,667.90 457 payment Vantagepoint 8/26/2016 Manufacturers & Traders 537.31 IRA payment Vantagepoint 8/26/2016 Nationwide NRS EFT 31,025.41 EFT 457 payment 8/26/2016 State of CA EFT 1,006.91 EFT Child support payment 8/26/2016 Health Comp 779.63 Weekly claims 8/18/2016 Lane Donovan Golf Ptr 28,398.90 Payroll Transfer 8/1/16 - 8/7/16 Workers Comp Activity 46,966.66 SCRMA checks issued 8/8/16 - 8/14/16 Workers Comp Activity 19,480.74 SCRMA checks issued 8/15/16 - 8/21/16 Workers Comp Activity 24,346.10 SCRMA checks issued 8/1/16 - 8/7/16 Liability Trust - Claims 0.00 Claim checks issued 8/8/16 - 8/14/16 Liability Trust - Claims 10,803.19 Claim checks issued 8/15/16 - 8/21/16 Liability Trust - Claims 0.00 Claim checks issued 8/1/16 - 8/7/16 Retiree Health Insurance 0.00 Health Reimbursment checks issued 8/8/16 - 8/14/16 Retiree Health Insurance 0.00 Health Reimbursment checks issued 8/15/16 - 8/21/16 Retiree Health Insurance 0.00 Health Reimbursment checks issued 3,410,715.17 DATE OF RATIFICATION: 8/25/16 TOTAL PAYMENTS BY WIRE: 3,410,715.17 Certified as to the accuracy of the wire transfers by: Deputy City Treasurer II Date %'3c)-Ae Date g. _2 /G 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 -15 to 9 -30 -16 8/25016 1/1 SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL WEDNESDAY, AUGUST 3, 2016 El Segundo Public Library 111 W. Mariposa Avenue, El Segundo, CA 90245 7:30 a.m. (Strategic Planning Workshop No. 2) 7:30 A.M. SESSION CALL TO ORDER — Mayor Fuentes at 7:30 AM PLEDGE OF ALLEGIANCE ROLL CALL Mayor Fuentes - Present Mayor Pro Tern Boyles - Present Council Member Dugan - Present Council Member Brann - Present Council Member Pirsztuk - Present PUBLIC COMMUNICATIONS — (Related to City Business Only) — None SPECIAL ORDERS OF BUSINESS: Consideration and possible action regarding strategic planning workshop No. 2 resulting in City Council defining City of El Segundo's long term Mission, Principles, Vision and Priorities for the City's future. Receiving and filing and providing direction regarding staff's analysis and recommendations for prioritizing short and long term budget objectives including all revenues and expenditures related to all City funds. Staff will present a brief overview of challenges /limitations, goals and potential strategies associated with long term, medium term and short term goals. Sara A. Peterson, Management Consultant, facilitated the session with Council and the City's Departments through an interactive discussion. Ms. Peterson summarized the outcome of the session, the summary is attached. Topics discussed during the meeting are as follows; recap of the June Planning Session, brief recap of financial review and outlook, delving into the goals, (established during the June session) and the durability of priorities set forth by the Council. Recessed at 9:24 AM Reconvened at 9:40 AM Discussion continues Recessed at 10:46 AM Reconvened at 10:59 AM 37 Discussion continues In wrapping up the session, Greg Carpenter, City Manager, advised a plan will need to be developed to guide the budget. Department heads will need to prioritize the needs of each department and in turn these items will be prioritized for the Budget Workshop set for Monday, August 29, 2016. Sara A. Peterson, facilitator, advised the Council and City to continue to finalize the goals, strategies and outcomes. ADJOURNMENT at 12:27 PM. Tracy Weaver, City Clerk WQ City of El Segundo — Meeting Summary June 22, 2016 Council Working Session PARTICIPANTS Elected Officials Appointed & Department Heads Guests Greg Carpenter, City Manager Suzanne Fuentes, Mayor David King, Assistant City Attorney Drew Boyles, Mayor Pro Tern Michael Dugan, Council Member Joseph Lilllo, Finance Sara A. Peterson, Management Consultant Carol Pirsztuk, Council Member Chief Chris Donovan, Fire Dr. Don Brann, Council Member Martha Dijkstra, Human Resources El Segundo TV Debra Brighton, Library Services Members of the Public Tracy Weaver, City Clerk Sam Lee, Planning & Building Safety Crista Binder, City Treasurer Chief Mitch Tavera, Police Stephanie Katsouleas, Public Works Meredith Petit, Recreation & Parks AGENDA Introduction • Review Agenda & Participant Expectations • Brief Recap of June Planning Session • Brief Financial Review & Outlook Delving Into Each Goal Area • Discuss Each Goal In Turn in order to • Confirm broad statement • Develop underlying objectives • Prioritize objectives using proposed activities as guide • Definitions of "success" (metrics) • Discussion of Goal 6 will include discussion of Broad Fiscal Philosophies re • Balance of Revenue & Expense Budget Strategies • Fee-for-Service & Cost Recovery • Pay -as- you -Go Development & Unfunded Liabilities • Reserve Strategies Ensuring Durability of Priorities • How do we choose when goals come into conflict with each other? • Relative proportions for "discretionary" funding plans • Next Steps, progress reporting / dashboards, and the budget Wrap Up & Next Steps SUMMARY The following begins to convert the discussion on August 3 into an outline for El Segundo's strategic plan. These elements complement the existing mission, the vision in development from the June meeting, and the operational shifts from that meeting as well. At this stage it is still in a very preliminary draft for continued development and discussion. Page 1 of 5 wt Customer Service & Engagement Goal 1a: El Segundo will deepen Its customer focus at the City resulting in unparalleled service to Internal and external customers Desired Outcome: The result of this should be that • El Segundo is available as a virtual city with virtual services (i.e., online, paperless, 24/7) Services are convenient and efficient for all resident and businesses There are multiple points of entry for services, whether one -click or one -call away Requirements: In order for this to be the case: • El Segundo must operate as unified "City" rather than as "departments" (i.e., break down silos) ° There must be comprehensive service and contact data systems for easy access across departments as well as centralized, searchable repositories of information for both internal and external access There must be clear education of the public re who to call, when, and what to expect. Likewise, staff must be knowledgeable about the whole City and have the ability to problem -solve Staff are able to say "yes" to requests by offering solutions to the underlying need — even if it is facilitating a referral to another source with a clean, easy handoff • This assumes cross - tralning and cross - communication so that staff can anticipate the potential Impact of an action in one department on the work of others • Finally, this requires continuous improvement and questioning of assumptions paired with systems that allow good Ideas to move up the chain for implementation Goal 1b: El Segundo will deepen Its customer focus at the City resulting In understanding and exceeding customer expectations through comprehensive community / stakeholder engagement Desired Outcome: The result of this should be that • Services are delivered in a pro- active fashion with outreach to ensure all can access them Requirements: In order for this to be the case: El Segundo must engage in regular, intentional information gathering such as through An annual survey of residents and businesses Regular satisfaction questionnaires following service or events Use of "would you recommend / refer" questioning as used by many businesses Use of personal outreach throughout the year • El Segundo must be transparent to Its constituents with regard to Services provided (and thus not provided) Service contacts and processes Availability of the City's key performance indicators El Segundo must develop a comprehensive and Integrated approach to external communication that Is multi- channel, accessible to all, and targeted to the needs of specific segments of the community, kinds of activities / services Page 2 of 5 WE Choice Employer & Work Force Goal 2: El Segundo will advance as an employer and workforce so that It: • Becomes a City employer of choice and consistently hires for the future • Maintains an Inspired, world - class, engaged workforce with a level of employee engagement that reduces turnover and Increases Innovation Desired Outcome: The result of this should be that • El Segundo has a culture of innovation, trust and efficiency • El Segundo's staff enjoy mastery, autonomy and purpose In their work — pride Staff, leadership and departments recognize that all boats rise together, e.g.: Innovation in one department Is shared across the City The City comes before competition for resources Centralization and consistency Is valued Success is celebrated Requirements: In order for this to be the case: • El Segundo must realize that success in this area is a pre - requisite for success in Its other goals El Segundo must have a comprehensive, Intentional approach to staff development and training that promises opportunities for development In a "succession organization" • El Segundo must be able to provide a competitive environment (e.g., compensation within an acceptable zone, incentives, equipment, facilities) through a nimble hiring and onboarding process • El Segundo must have a strong culture of Internal customer service, retention first, and process for internal feedback Safe & Prepared City This goal area is less developed than the first two and would benefit from additional work from staff. Goal 3: El Segundo will be a safe and prepared city • Public Health & Safety • Police & Fire • Disaster Desired Outcome: The result of this should be that • El Segundo has a proactive approach to risk and crime • El Segundo has a proactive approach communication and community engagement to that perceptions of safety align with reality • El Segundo focuses metrics on prevention and positive outcomes as well as frequency and response • El Segundo approaches preparation and safety In a financially responsible way Requirements: In order for this to be the case: All hazard mitigation and emergency services Have appropriate plans and Industry accreciltations In place Are prepared to respond and pro - actively work to prevent Incidents Respond appropriately when called upon with positive outcomes Are able to recover within Industry standards Page 3 of 5 41 Infrastructure & Environment This goal area is less developed than the first two and would benefit from additional work from staff. Goal 4: El Segundo will be consistently Invest In its infrastructure so that the City can continue as an appealing, safe, and effectively functioning City comparable to Its Ideal peer group Desired Outcome: The result of this should be that El Segundo is able to First, maintain its physical assets for the beauty, safety and function of the city Second, improve and replace existing assets as appropriate for efficiency o Third, engage in new initiatives that continue to move the city forward cl Fourth, engage In prospective thinking that allows the city to do more than keep up Requirements: In order for this to be the case: • El Segundo must continually assess Its assets to optimize resources • El Segundo must develop and maintain appropriate revenue streams and reserve fund to keep each of the four categories above moving forward at a consistent pace Technology There is some debate as to whether or not this should be a goal area or a set of strategies embedded within the others. While from a strictly "strategic" point of view, technology is not a core function of the city so may not fit within the definition of a goal. However, from an organizational development perspective, the City's technology needs at this moment in time are such that they need the focused attention that comes from placing them at the goal (v. strategy) level. As such, it may fall away in subsequent plans while other goals remain. This seems wholly appropriate to the situation at hand. Goal 5: El Segundo will develop and optimize Its use of an Infrastructure for technology so that the City can work effectively, efficiently, and proactively — maintaining Its position as a city of Innovation Desired Outcome: The result of this should be that Requirements: In order for this to be the case, El Segundo must: • Create effective structure for Integrated focus on the technology needs of the city and Its constituents • Align staff as appropriate to support technology goals • Ensure City employees receive appropriate training to use systems effectively • Regularly assess technology in place and market trends in order to meet other technology goals • Continue to optimize systems already In use, and maintain their capabilities with timely upgrades • Invest in systems as necessary In order to o Increase paperless function of the City for ease of access and transparency of process; o Add citizen value (e.g,, allow for onllne transactions with the City across departments); and Ensure secure, reliable, disaster resilient function and data access at all times • Develop an updated and user friendly website that o Is easily navigable o Communicating City's ability to meet citizen and business service expectations; * Attracts new business; and o Is feature -rich. • Provide access to information that Is o Easily available, o Engage residents In civic participation, and Provide mass notification Page 4 of 5 W Fiscal Sustainability Rather than delve into this goal area, the group discussed various studies and discussions that need to take place over the course of the coming year. These discussions will either confirm or revise fiscal policy in order to achieve the goals above. Values & Culture As part of the day's discussion, the group also began to brainstorm a set of values for the City to espouse. This will need additional work in the months to come. For the moment the list includes the following: El Segundo values; • Accountability • Productivity • Ethics • Stewardship • Service • Continuous improvement and reflection • Challenging ourselves El Segundo works to create a working culture of • Support and recognition Proactive action Innovation • Leadership by example • Problem- solving — getting to yes NEXT STEPS City Council and staff will take a side step in late August to discuss the 1016 -2017 budget so that it may be approved in September. Subsequent to that, Council and staff should return to this process to finalize goals, strategies and outcomes. Staff will continue work on selecting key performance indicators and begin planning for quarterly reports to the City Council. If we take a step back from the process thus far, it is clear that the City is not only focusing on a few core areas (customer service, the work environment, safety, technology, infrostructure, and fiscal sustainability) it is beginning a transition from a traditional department structure to more of a matrix. Such a shift does not take away any departments but rather recognizes that there are functions that must cross all such as technology, communication, public engagement continuous improvement, and professional development. Page 5 of 5 43 SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL WEDNESDAY, AUGUST 10, 2016 - 5:00 PM CALL TO ORDER - Mayor Pro Tern Boyles at 5:06 ROLL CALL — Mayor Fuentes - Via teleconferencing at 5:06 PM Mayor Pro Tern Boyles - Present Council Member Dugan - Present Council Member Brann - Present Council Member Pirsztuk - Via teleconferencing at 5:10 PM PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) None Mayor Pro Tern Boyles announced that Council would be meeting in closed session pursuant of the items listed on the agenda. 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 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): -6- matters 1. 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 (unrepresented employees). Agency Designated Representative: Steve Filarsky and City Manager ADJOURNMENT at 6:16 PM Tracy Weaver, City Clerk SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL MONDAY, AUGUST 15, 2016 - 12:00 PM CALL TO ORDER - Mayor Fuentes at 12:01 PM ROLL CALL — Mayor Fuentes _ Present Mayor Pro Tern Boyles - Present Council Member Dugan - Present Council Member Brann - Present Council Member Pirsztuk - Via teleconferencing at 12:10 PM. PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) None Mayor Fuentes announced that Council would be meeting in closed session pursuant of the items listed on the agenda. 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 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):-6- matters 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 (unrepresented employees). Agency Designated Representative: Steve Filarsky and City Manager ADJOURNMENT at 1:10 PM Tracy Weaver, City Clerk 45 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 16, 2016 — 5:00 PM 5:00 P.M. SESSION CALL TO ORDER — Mayor Fuentes at 6:00 PM — Meeting adjourned to 6:00 PM due to lack of quorum at 5:00 PM. ROLL CALL Mayor Fuentes - Present Mayor Pro Tern Boyles - Present Council Member Dugan - Present Council Member Brann - Present Council Member Pirsztuk - Absent PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) None Mayor Fuentes announced that Council would be meeting in closed session pursuant of the items listed on the agenda. 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 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)(1): -2- matter 1. City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279 2. Penuelas vs. City of El Segundo. LASC Case No. BC556980 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): -1- matter. Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -2- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -2- matter Public Employee Performance Evaluation Title: City Manager 2. Public Employee Performance Evaluation Title: City Attorney APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter PUBLIC EMPLOYMENT (Gov't Code § 54957) -0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6):-6- matters Employee Organizations: Employee Organizations: Police Management Association; Police Officers Association; Police Support Services Employees Association; Fire Fighters Association; Supervisory and Professional Employees Association; Employees Association; Agency Designated Representative: Steve Filarsky and City Manager CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters Adjourned at 6:50 PM 2 47 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 16, 2016 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Fuentes at 7:00 PM INVOCATION — Pastor W. A. Garrett, The Way Church PLEDGE OF ALLEGIANCE — Council Member Brann PRESENTATIONS a) Presentation by Crista Binder, City Treasurer and Dino Marsocci, Deputy City Treasurer II on the June 2016 Investment Portfolio. Council commented on the presentation. ROLL CALL Mayor Fuentes - Present Mayor Pro Tern Boyles - Present Council Member Dugan - Present Council Member Brann _ Present Council Member Pirsztuk - Absent PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Dr. Antonio Mendez, resident, commented on the Treasury Presentation. Wendell Phillips, attorney for the City Employees' Association bargaining group, commented on a 38 year employee concerning SDI. Ron Swanson, resident, commented on item #C1 - parking of recreational and oversized vehicles within the City and commented on a recent Park and Recreation Commission decision. 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 Council Member Brann, SECONDED by Council Member Dugan to read all ordinances and resolutions on the agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) WR C. UNFINISHED BUSINESS Consideration and possible action for City Council to limit or prohibit on- street parking of recreational and oversized vehicles. Data gathered on the public opinion of the issue will be presented, along with a field survey of parked recreational vehicles and oversized vehicles on public streets. Various regulatory measures will be presented as possible solutions for consideration. (Fiscal Impact: $) Mayor Pro Tern Boyles recused himself from the discussion due to a possible conflict of interest. Greg Carpenter, City Manager, presented the item. Daisy Sanchez, Administrative Intern and Lt. Leyman, ESPD, gave a presentation and answered Council questions. Council Discussion Council consensus directed staff to come back at a later date with possible amendments to the El Segundo Municipal Code 8 -5 -613 concerning parking of recreational and oversized vehicles for future City Council consideration. Mayor Pro Tern Boyles returned to the dais. D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 2. Consideration and possible action to increase the number of appointments of the El Segundo Environmental Committee from five to seven members. (Fiscal Impact: None) Greg Carpenter, City Manager, introduced the item. Tracey Miller - Zarneke, Environmental Committee, gave a presentation Council Discussion MOTION by Mayor Pro Tern Boyles, SECONDED by Council Member Brann to increase the number of appointments on the El Segundo Environmental Committee from five to seven members, consisting of one additional Residential Member position and one additional Business Member position. MOTION PASSED UNANIMOUS BY VOICE VOTE. 4/0. E. CONSENT AGENDA in WE 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. Approve Warrant Numbers 3012326 through 3012486 on Register No. 21 in the total amount of $921,751.47 and Wire Transfers from 7/25/16 through 8/7/16 in the total amount of $1,339,378.03. Ratified Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 4. Approve Regular City Council Meeting Minutes of August 2, 2016. 5. Waive second reading and adopt Ordinance No. 1520 for Environmental Assessment No. EA -1143 and Zone Text Amendment No. ZTA 16 -01. (Fiscal Impact: None) 6. PULLED BY MAYOR PRO TEM BOYLES 7. Pursuant to El Segundo City Code §1 -7 -10, waive the formal bidding process and authorize the Fire Department to piggy -back on the City of Reedley's contract with L.N. Curtis and Sons, enter into City Agreement No. 5187 for the purchase of personal protective equipment for structural firefighting. (Fiscal Impact: $52,240.38) 8. Approve the thirty (30) day provisional appointment extension for the position of Information Systems Manager. (Fiscal Impact: $) 8A. PULLED BY MAYOR FUENTES MOTION by Mayor Pro Tern Boyles, SECONDED by Council Member Brann to approve Consent Agenda items 3, 4, 5, 7, and 8. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. PULLED ITEMS: 6. Consideration and possible action to cancel the public works contract No. 4811 with Vantage Utility Services, Inc. for fiber optic conduit cable installation, Project No. PW 14 -08, and re -bid the project. (Fiscal Impact: $0.00) Brian Evanski, ESPD Captain, answered Council questions. WK MOTION by Mayor Pro Tern Boyles, SECONDED by Council Member Brann authorizing the City Manager to cancel the public works contract No. 4811 in a form approved by the City Attorney with Vantage Utility Services, Inc. for fiber optic conduit and cable installation, project no. PW 14 -08 and authorize the City Manager to solicit new bids for fiber optic conduit and cable installation. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. 8A. Consideration and possible action to approve Amendment No. 4832B with AndersonPenna, Inc. for additional construction support services for the Richmond Street Rehabilitation Project. (Fiscal Impact: $5,000.00) Greg Carpenter, City Manager, introduced the item. MOTION by Council Member Brann, SECONDED by Council Member Dugan authorizing the City Manager to approve Amendment No. 4832B for $5,000.00, in a form approved by the City Attorney, with AndersonPenna, Inc. for additional construction support services for the Richmond Street Rehabilitation Project. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. F. NEW BUSINESS 9. Receive and file a report regarding the release of a Website Design and Replacement - Request for Proposal. (Fiscal Impact: $ Unknown) Greg Carpenter, City Manager, introduced the item. Brian Evanski, Police Captain, gave a report. Council Discussion MOTION by Council Member Brann, SECONDED by Council Member Dugan to receive and file information regarding the release of a Request for Proposal to design and replace the City of El Segundo Website. MOTION PASSED UNANIMOUS BY VOICE VOTE. 4/0. G. REPORTS — CITY MANAGER - None H. REPORTS — ASSISTANT CITY ATTORNEY — Reported the Penuelas vs. the City of El Segundo REPORTS — CITY CLERK — None J, REPORTS — CITY TREASURER — gave report earlier in the meeting under Presentations. ,:1 51 K. REPORTS — CITY COUNCIL MEMBERS Council Member Brann — Attended the 2nd Strategic Planning Session, Friends of the Library meeting, Neighborhood Watch meeting, had a ride along with the Police Department and attended the Tree musketeers leadership speeches. Council Member Pirsztuk — Absent Council Member Dugan — None Mayor Pro Tern Boyles — None Mayor Fuentes — Attended the 2nd Strategic Planning Session, Friends of the Library meeting, Movie in the Park, last Concert in the Park, mentioned interviews will be held for Committees, Commissions and Board's on August 29th, El Segundo's Centennial Book is now on sale for $15.00, the Downtown Car Show will be Saturday, August 20, mentioned the City's Facebook page and attended a meeting with Mayor Garcetti and the South Bay Mayor's where Measure M was the topic, in which the South Bay COG is against. PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Sylvia Lauterbach — Commented on item #C1 - parking of recreational and oversized vehicles within the City. Jack Axelrod, resident, commented on various items of concern Mike Harriel, Public Affairs Manager, Regional Public Affairs, SoCalGas, gave a report on the summer conditions and what this means to the consumers. MEMORIALS — None ADJOURNMENT at 8:35 PM Tracy Weaver, City Clerk 7 52 EL SEGUNDO CITY COUNCIL MEETING DATE: September 6, 2015 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding approval of 1) a Side Letter between the City of El Segundo and the Supervisory and Professional Employees' Association (SPEA), 2) a revised Class Specification for the classification of Environmental Safety Manager, and 3) examination plan for Environmental Safety Manager. Fiscal Impact: None. RECOMMENDED COUNCIL ACTION: 1. Approve the Side Letter between the City of El Segundo and SPEA 2. Approve the proposed Class Specification for Environmental Safety Manager 3. Approve the proposed examination plans for Environmental Safety Manager. 4. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Side Letter 2. Environmental Safety Manager Class Specification FISCAL IMPACT: Included in the Adopted Budget Amount Budgeted: $ N/A Additional Appropriation: N/A Account Number(s): �1_kORIGINATED BY: Martha A. Dijkstra, Hunnasources Director REVIEWED BY: APPROVED BY: Greg Carpenter, City Manage BACKGROUND AND DISCUSSION: The Environmental Safety Manager position, currently allocated and budgeted in the Fire Department, has been vacant since November 13, 2014 when the long -time incumbent retired from City service. This classification, while represented by a miscellaneous bargaining unit, has been designated local fire safety status for purposes of retirement for over twenty (20) years. In preparation for the recruitment process to fill this vacancy, staff reviewed the position's essential job functions and determined that designating this classification as local miscellaneous, rather than local fire safety, is more appropriate. As such, staff engaged in the required meet and confer discussions with the SPEA and reached agreement to make this change via the attached Side Letter. Staff is requesting Council approval of the Side Letter as well as revisions to the Class Specification which are necessary to more accurately reflect the position's current duties and responsibilities. Additionally, staff is requesting approval of the Examination Plan in order to initiate the recruitment and selection process. s 53 Examination Plan Environmental Safety Manager - Structured Interview Open- Competitive Closed - Promotional 100% Approval of exam plans for Merit System job classifications in all City Departments has been required since the passage of Initiative Ordinance No. 586 in April 1962. For departments other than Police and Fire, the plan may consist of any one or combination of the following techniques: 1. Written; 2. Oral; 3. Demonstration; and 4. Any evaluation of education, experience, or skills or physical fitness, which fairly evaluated the relative capacities of the applicants. Police and Fire Departments: The examination plan, for entrance or promotional, for the Police and Fire Departments, shall consist of a written examination and one or more of the following: 1. Oral; 2. Demonstration; and 3. Any evaluation of education certification, experience, or skills or any test of manual skills or physical fitness, which fairly evaluates the relative capacities of the applicant. 54 SIDE LETTER AGREEMENT TO THE 2012 - 2014 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO AND THE CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL 911, SUPERVISORY AND PROFESSIONAL EMPLOYEES' ASSOCIATION This side letter memorializes an agreement reached between the City of El Segundo ( "City ") and the Supervisory and Professional Employees' Association ( "SPEA ") to reflect agreed upon amendments to the 2012 -2014 Memorandum of Understanding ( "MOU ") entered into between the City and the SPEA. All other terms and conditions of the existing MOU shall remain in full force and effect. The City and the SPEA agree that this side letter agreement shall be incorporated into all future Memoranda of Understanding between both parties, unless modified or removed in writing by mutual agreement of the parties. WHEREAS the parties agree the classification of Environmental Safety Manager represented by this miscellaneous bargaining unit has participated as a local fire safety member pursuant to Government Code §20420 (formerly §20019) eligible for the 3 % @55 retirement formula; WHEREAS the parties agree the classification of Environmental Safety Manager, upon review, should be changed from local fire safety status to local miscellaneous status; THEREFORE, the parties have agreed to make the following revisions to Subsections (d) and (f) of Section 1 of Article IV, Retirement: (d) -tY3RY pafg �e as a loeal - fiFesfymemef pursti nt - to Ge ve ment -Code nQ420 and be eligible for! the leeal fire safety i:etifement fern_I-a m effect between 4he 945, and PERS. , , ptiT-stiatit to AB 34 , any new membef hiFed ate +liis fiFe_ safety __ela- snifeafl `ll '4, subject _tir11 n applicable salei�eL,i ;eat rrvra�'r i ra—u v ib..rntiln as „rnll -A .,11 - Ather- s t atut:tom.. � _e (f) Effective the pay period beginning November 3, 2012, miscellaneous employees agree to pay a portion of the statutorily required employee contribution equal to three percent (3 %) (pre -tax) of compensation. The one i yee pefeent o ' , lant to vet: ,. R r+ CO -'- 8-tl -rye (a) fe 1-a - ass this eentfael n effect between the +., and iiERS, the local fire ply yee shall pay a i4ie f the •• va- civn-- or -cra3. a`c�znrtvr -r Effective the pay period beginning November 3, 2012, the City shall pay a portion of each employee's statutorily required contribution equal to four percent (4 %) of 6.10 compensation. The City shall report the four percent (4 %) to Ca1PERS as compensation earnable, pursuant to California Government Code Section 20636(c)(4). Effective January 1, 2013, "new employees" and /or "new members ", as defined by AB 340, will be statutorily required to pay half of the normal cost of retirement benefits. For the Supervisory and Professional Employees' Association Ja S C er ,1 P •esident 2 � Date For the City of El Segundo eg Carpenter ity Manager r,Z z/� Date W City of El Segundo, CA Job Description Job Code: 430 ENVIRONMENTAL SAFETY MANAGER Definition: Under general direction fn theJ `i C i serves as the City's consultant on ; . - Deleted: r environmental issues and manages the City's environmental compliance and related regulatory Deleted: e programs which,includcs coordination and administration of the Certified Lnilse-d_Program Agency lC'UPAj, Deleted:. This Deleted: ¶ Estie,tttial Funetinns: Essential functions, as defined under the Americans with Disabilities Act, _ ' - f Deleted :9 may include the following duties and responsibilities, knowledge, skills and other characteristics. This list of duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by positions in this class. .Charaetcristic Dutics and Responsibilities: - I Deleted:I Manages the development and maintenance of hazardous materials and hazardous waste management compliance program and emergency plans; liTeets all activitiq ol'the CLIPA for the Deleted: D Cite. including the enforcement of Federal. State and local laws, regulations. codes and Formatted: Font: 1z pt ordinances: directs mitigation efforts designed to eliminate or reduce the impact of potential hazards; reviews, interprets and enforces laws, regulations and directives pertaining to hazardous Formatted: Font: 12 pt materials response and mitigation. Ensures administrative requirements are met for State and Federal reporting on environmental compliance including inspection and standard operating procedures; 41 i l r e, duvelLipmeni prik implementation of gala obicetives policim and prioriliex for the Ct1PA• ide to ifies resource needs and 5si is iv 1he develgnnicnt of the resources • Ik artinen dgvetops and administers an assigned budget mud forcosls lite needs for additional funding, liar stalling, equiDmcnl. materials. And suppli cpnducts Ice analyses: monitors ice colleclions and allocation c1f ts_v_enuES: arvcrsees and approves 2xRWnditvry_aiW rev ontrttcnds adj is cnlS gk ttS44ss,n; and-pm cnts slaffreporls and other nccessar►• corresKmdence while presentifl&the City at administrative meetings with j`ederal S�tnte and local environmental officials. OvgUggs diyi�ion data and record minagemcni and ensure,, availahitily oft'Ul'A rcgo ds pursuant to the California Public R"ords Act represents the City in community and.prot';,,,) d nteelings: coordinates division activities ►viih those ofotlicr divisions, and organizations. Oversees and coordinates difficult and complex inspections of hazardous waste and extremely hazardous substance handling facilities; reviews plans, reports and computer programs for the analysis of chemical hazards in the workplace and community; issues citations. Directs responses to and investigations of hazardous materials or hazardous waste spills for potential illegal dumping of hazardous waste; coordinates response efforts with other agencies PSPC 1 10/99 Deleted: D Deleted:. D Deleted: C Deleted: 0 Deleted: s; Deleted: r Deleted: s Deleted: state, Deleted: Re L Deleted: the Deleted: at Deleted: and 57 Environmental Safety Manager during major fires, chemical or other emergencies; enters hazardous environments requiring protective clothing and respiratory protection. Investigates environmental contamination related complaints; inspects and evaluates various businesses and City buildings for correct use, storage and handling of chemicals and hazardous materials. Participates in platoon training activities related to active fire fighting and hazardous materials; ensures readiness of response facilities, supplies, and equipment for hazardous materials identification and mitigation. Serves as public information officer for the Fire Department to provide all forms of communication media to local newspaper, radio and television stations on fire or environmental related matters. Hires, trains, assigns, reviews and evaluates work of assigned staff; initiates corrective and/or disciplinary action and responds to grievances following established personnel policies and procedures and in consultation with the Chief and Human Resources. Knowledge, Skills and Other Characteristics: Knowledge of principles and practices of public administration. Knowledge of management and supervisory principles and practices. Knowledge of policy and program development and research, and program/services evaluation. Knowledge of organization and operations of municipal government. Knowledge of modern records management systems and technology. Knowledge of objectives, policies, and regulations pertaining to hazardous materials and waste management programs. Knowledge of hazardous materials and hazardous waste storage methods. Knowledge of chemistry and industrial hygiene. Knowledge of fire suppression methods and procedures. Knowledge of incident command strategy __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - Deleted: I Skill communicating complex ideas, clearly and concisely both orally and in writing. Skill planning, organizing, managing and evaluating programs. Skill analyzing hazardous material and hazardous waste management programs, problems and needs. Skill developing and providing training programs. Skill utilizing public relations techniques responding to inquiries and complaints. Skill supervising, training, evaluating and motivating employees. Skill researching, analyzing, preparing reports and presenting complex technical information in an understandable manner. Skill establishing and maintaining effective working relationships with other department staff, other City employees and the public. Deleted: PSPC 10/99 i Environmental Safety Manager Worlon ", ondition%: Yositlon reQul:res driving in various Sites. siring- standing, walking, on all jyDes of surfaces, . reaching- twisting, ikiming,_ knegl'sng, n�ing, stooping, squatting, crouching, grasping and makhig repetitive band movements in the performance of daily duties, The position also requires Ixilh ,near and far, vision when Insnt.ctlng work and oM a ing as$igned equipalcm and acute hearing is required when providing phone and flare -to -face service. The need to li[l. carry anti nush tools, cuuipment and supplies weiellina 50 mtunds or more is also reouired. Additionallv.. thc_incunttr nt in__lh s position. �vn[ks in ltaaardnlLS situations, and under conditions that may expose the incumbent to hazardous materials. The incumbent In this position may work outdoors in qll weather gonditions ineludinR wet, hot and cold, Licensing/Certification Requirements: Deleted: Occasionally required to lift and/or carry up to 50 pounds.$ tp Occasionally required to enter confined and possibly toxic �\\ environments to inspect or assess for hazards.¶ Occasional potential for exposure to toxic chemicals, effluent and foul odors ,¶ Formatted: Font: 12 pt Formatted: Font: 12 pt Deleted: ¶ Possession of, or ability to obtain, a valid elm "C- Cali Fornia.QriveLLiccnse 111 ,order to perform _ - Deleted: A valid California driver's license,$ cssenlial job functions, State Hazardous Materials Management Certificate.$ Possession of a State Fire Marshal's office Hazardous Material Specialist Cerlificadon within 36 Deleted: d months of employment_ Deleted: 's Completion of P D.S.T ma California Penal Section $32 ccursc within 12 mouths of elnphlr'lnellt. Deleted: I Minimum Oualifcations. A Bachelor's degree from an accredited college or universily in chemistry, biology, fire science, CUPA program administration, physical and/or natural sciences with emphasis on environmental or industrial hygiene programs; and five (5) years progressively responsible experience in hazardous materials inspection, control and regulation, environmental program mane anent or an equivalent combination of education and experience. A Master's degrcc in Public Administration is highly desirable.. 3 aR Deleted: PSPC 10/99 59 EL SEGUNDO CITY COUNCIL MEETING DATE: September 6, 2015 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to accept as complete the FY 2014/15 and 2015/16 Sidewalk, Curb and Gutter Replacement Project. Project No. PW 14 -16 (Fiscal Impact: $729,063.00) RECOMMENDED COUNCIL ACTION: 1. Accept the work as complete. 2. Authorize the City Clerk to file a Notice of Completion in the County Recorder's Office. 3. Alternatively, discuss and take other possible actions related to this item. ATTACHED SUPPORTING DOCUMENTS: Notice of Completion FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $700,000.00 Additional Appropriation: No Account Number(s): 301 - 400 - 8203 -8705 (Capital Improvement Fund - Concrete) ORIGINATED BY: Arianne Bola, Senior Engineer Associate REVIEWED BY: Stephanie Katsouleas, Public Wor s Directo> APPROVED BY: Greg Carpenter, City Manage BACKGROUND AND DISCUSSION: For Fiscal Year 2014/15, City Council allocated $500,000 for a large amount of sidewalk, curb and gutter repairs and replacements. Subsequent bidding results were much lower than anticipated, and on September 1, 2015, City Council awarded a $229,922.00 standard Public Works contract to Jose Angel Fierros (dba FS Construction) as the low. City Council also authorized staff to amend the contract with the remaining $270,078 to address additional high priority areas throughout El Segundo once staff determined that FS Construction provided high quality work. Because the FY 2014/15 Concrete Project was awarded through a competitive low bid process, this allowed City Council to authorize staff to amend the contract by another $200,000 in lieu of rebidding for the FY 2015/16 budget year, thus saving valuable time while ensuring that we continue to receive high quality work at an extremely competitive rate. In all, we were able to achieve the following: a .W Summary of Work Completed Total Sidewalk Locations: 481 Total Curb and Gutter Locations: 200 Total Driveway Approaches: 117 Total ADA Replacements: 21 Total Trees Removed and to be replaced: 43 Accounting Summary: $229,922.75 FS Construction Contract Amount +$51,690.00 Tree Removal and Replacement +$1,728.00 Advertising for Bids in Newspaper +$392,894.75 Additional Concrete Repairs +$22,827.50 Chan e Order and Construction Contin enc Utilized $699,063.00 Total Funds Spent $700,000.00 Amount Budgeted for the project -$699,063.00 Total Funds Spent $937.00 Unspent Budgeted Amount Returned to CIP Fund Staff recommends that City Council accept the work performed by FS Construction as complete and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. In preparation for the coming year's sidewalk repair and replacement program, the Streets Division staff has been actively auditing/surveying the City's 100+ miles of sidewalks. They are approximately 35% complete, and expect to have a full audit completed this fall. 61 Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name: 2014 -2015 and FY 2015 -16 Curb, Gutter, Sidewalk, and other Concrete Improvements Project Project No.: PW 14 -16 Contract No. 4898 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that: The undersigned is an officer of the owner of the interest stated below in the property hereinafter described. 2. The full name of the owner is: City of El Segundo 3. The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245 4. The nature of the interest of the owner is: Public Facilities 5. A work of improvement on the property hereinafter described was field reviewed by the City Engineer on Aug. 24, 2016. The work done was: Concrete Improvements 6. On Sept. 6, 2016, City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder. 7. The name of the Contractor for such work of improvement was: FS Construction The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows: Concrete sidewalk, curb and gutter improvements at various locations. 9. The street address of said property is: El Segundo, CA 90245 Dated: Stephanie Katsouleas Public Works Director VERIFICATION I, the undersigned, say: I am the Director of Public Works /City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof, the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on 2016 at El Segundo, California. Stephanie Katsouleas Public Works Director I-VA EL SEGUNDO CITY COUNCIL MEETING DATE: September 6, 2016 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding a request from the El Segundo Kiwanis Club to operate a Beer Garden on public right of way at the 40th Annual Richmond Street Fair on Saturday, September 24, 2016 from 11:00 am — 5:00 pm. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Approve the request from the El Segundo Kiwanis Club to operate a Beer Garden on public right of way at the 401h Annual Richmond Street Fair on Saturday, September 24, 2016 from 11:00 am — 5:00 pm, subject to compliance with all Alcohol Beverage Commission regulations and permits; 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Request letter from Kiwanis Club 2. Site Plan FISCAL IMPACT: None Amount Budgeted: $0 Additional Appropriation: N/A Account Number(s): N/A PREPARED BY: Jackie Day, Senior Administrative Specialist -O REVIEWED BY: Mereditli Petit, Recreation & Parks Director ft +} APPROVED BY: Greg Carpenter, City Manager BACKGROUND & DISCUSSION: The El Segundo Kiwanis Club is sponsoring the 40th Annual Richmond Street Fair to be held on Richmond Street between Holly Avenue and El Segundo Boulevard, Grand Avenue between Main Street and Concord Street, and on portions of Franklin Avenue on Saturday, September 24, 2016. A request has been submitted by the El Segundo Kiwanis Club to operate a Beer Garden at the Fair from 11:00 a.m. — 5:00 p.m. El Segundo Municipal Code Section 7 -6 -8 states that it is unlawful to drink any alcoholic beverage or possess an open container of any alcoholic beverage upon any public street, alley, sidewalk, pathway, parking lot, park, beach, or other public property. The El Segundo Kiwanis Club is experienced in operating Beer Gardens at local special events, including the Hometown Fair and Richmond Street Fair, and the club has a proven track record in upholding state Alcoholic Beverage Commission regulations. The Beer Garden is a significant fundraising component for the event. 1 10 63 Last year the Kiwanis Club had the Beer Garden on the public right of way, with no reported incidents. They are requesting the same layout for this year's event. The proposed Beer Garden will be located south of Grand Avenue, on the east side of Richmond Street, between Sunset Carpet One and George's Barbershop. ME El Segundo Kiwanis Club, P.O. Box 392, El Segundo, CA 90245 July 15, 2016 City of El Segundo 350 Main Street El Segundo, CA 90245 Honorable Mayor and Members of the City Council: On September 24, 2016 our El Segundo Kiwanls Club will be presenting the 40th Annual Richmond Street Fair. We would like to request permission that our beer garden be on public property. It would be located on Richmond Street, just South of Grand Avenue, behind Sunset Carpet and just North of George's Barber Shop. The hours of operation would be from 11am until 5pm. Thank you for your consideration. Best Regards, Lee Ostendorf Fair Director El Segundo Kiwanis Board 65 �< tWot%t,'5 st,..:k t . . e. v,.,"o -e r - 5umse� 13 o Ur1 � s� C�r�c�.. r.,�,► GJrar.d, N kge, W �A r f 3 0 Z .. EL SEGUNDO CITY COUNCIL MEETING DATE: September 6, 2016 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding a request to allow a Type 47 alcohol license for a new restaurant with outdoor seating. This request will modify and supersede a previously - approved administrative use permit for Whole Foods Market at Plaza El Segundo (760 South Sepulveda Boulevard), in the Commercial Center (C -4) zone. Applicant: Mrs. Gooch's Natural Foods Markets, Inc. RECOMMENDED COUNCIL ACTION: 1. Receive and file this report without objecting to the issuance of a Type 47 ABC license for the on -site sale and consumption of beer, wine and distilled spirits at a new restaurant; and /or 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Crime Statistical Report for 760 South Sepulveda Boulevard. 2. Crime and Arrests Report for January -June, 2016. 3. Police Reporting Districts Map. 4. Planning Commission Staff Report, dated August 11, 2016. 5. Planning Commission Resolution No. 2803 approving Environmental Assessment No. EA -1147 and Administrative Use Permit No. AUP 16 -03. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Gregg McClain, Planning Manager REVIEWED BY: Sam Lee, Planning and Building Safety Director APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: I. Background On August 11, 2016, the Planning Commission approved an administrative use permit application (EA -1147 and AUP 16 -03) for Whole Foods Market, with conditions of approval. In 1995, the City Council directed staff to bring all future Department of Alcoholic Beverage Control (ABC) licenses to it for review. Based upon previous Council direction, staff is providing background information regarding this application. 1 67 II. Analysis The proposed project is a modification to a previously- approved administrative use permit (AUP) which was approved by the Planning Commission on March 22, 2007. The AUP for the market permitted three ABC Licenses (Types 21, 41 and 42). The Director of Planning and Building Safety granted the approval of a Type 86 license for the market on July 6, 2011. The applicant proposes three ABC Licenses (Types 21, 47 and 86) for the market. Licenses for Types 41 and 42 will be surrendered. The applicant requests the City Council allow and not protest a modified alcohol license for a new restaurant with the market, and to allow the expansion of on -site consumption of alcohol to an existing 869 square -foot outdoor dining area in front of the building. The proposed alcohol license is for a total of 1,693 square feet of dining area and a combined total of 101 seats. The applicant will be surrendering a Type 41 ABC license and will be replacing it with a Type 47 ABC License. The applicant will also be surrendering a Type 42 ABC License and has replaced it with a Type 86 ABC License for "Instructional Tasting." A Type 86 ABC License for "Instructional Tasting" allows an alcohol manufacturer to do tasting events for the sampling of beer, wine or distilled spirits. No changes are proposed to the previous approved hours for the market. The approved hours for the sale and consumption of alcohol are from 6:00 am to 12:00 am, seven days a week. According to the most recent Crime and Arrests Report prepared by the Police Department, the proposed restaurant is located in Reporting District (RD) 318. Based on the January —June 2016 reported data, the district had a total of 56 Part I and II crimes, and 26 felony and misdemeanor arrests. Part I and II crimes include criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny -theft, motor vehicle theft and arson. Reporting District 318 is considered a high crime area, however, the most recent incidents reported from January through June, 2016, at 760 South Sepulveda Boulevard were for robbery and petty theft. No alcohol related crime incidents were reported. Therefore, the Police Department and the Planning and Building Safety Department do not object to ABC issuing a Type 47 alcohol license for the restaurant. III. Environmental Review The project is categorically exempt from the requirements of the CEQA pursuant to 14 California Code of Regulations §15301 as a Class 1 categorical exemption (Existing Facilities). The project is a negligible expansion of the operation of an existing use involving minor interior tenant improvements and the expansion of alcohol consumption to an existing outdoor dining area. IV. Conclusion Staff recommends that the Council receive and file this report without objection.. PA\Planning & Building Safety \0 Planning - Old\PROJECTS (Planning)\1 126-1150\EA-1 147\EA-1 147.CC sr.doc l EL SEGUNDO POLICE DEPARTMI€NT -- , CATEGORY: UNIFORM CRIME REPORTING PART I & 11 CRIMES, INCLUDING ALCOHOL RELATED INCIDENTS LOCATION: 760 S SEPULVEDA BLVD REPORTED PERIOD: 01/01/2016-07/31/2016 e 1 a S 6 u PARK PL a > W m 0 W 3 NUG'%ss HUGHES�AV 760 S SEPULVEDA BLVD r t a 3t ,s n4RK p( CITY EL SEGUNDO POLICE DEPARTMENT CRIME STATISTICAL REPORT LOCATION: 760 S SEPULVEDA BLVD REPORTED PERIOD: 01/01/2016 - 07/31/2016 CATEGORY: PART 1 & II CRIMES INCLUDING ALCOHOL RELATED ROBBERY s ' PETTY THEFT 0 SELECTED LOCATION DATA SOURCE: RMS *NOTE: VICTIM/ 3 CRIME INCIDENTS REPORTED AT 760 S SEPULVEDA BLVD NO ALCOHOL RELATED CRIMES REPORTED FOR THIS REPORTED PERIOD REPORT No LOCATION DATE TIME OFFENSE DESCRIPTION RD OFFICER 16 -0466 760 S SEPULVEDA BL 03/0712016 09:19:59 :211 PC ROBBERY IE318 30510 16 -1143 760 S SEPULVEDA BL 0610612016 16:47:04 484PC PETTY THEFT IE318 :30414 16 -1335 760 S SEPULVEDA BL 0612912016 23:09:41 484PC PETTY THEFT IE318 :30511 Page I I 8/4/2016 RECORDS /Ed •f 1"1, SV'GUNI)0 P01,1C1` 1) E'Pik WFN IFN '1' REPORTED PERIOD: JANUARY— JUNE, 2016 PART I & II CRIMES AND ARRESTS BY REPORTING DISTRICT RD REPORTING DISTRICT PART I &II CRIMES FELONY /MISD ARRESTS TOTAL AVERAGE BY RD PERCENTAGE +/- 101 30 13 43 +115% 102 23 15 38 +90% 103 10 6 16 -20% 104 24 14 38 +90% 105 12 6 18 -10% 106 2 _ 5 68 -90% 107 49 19 +240% 108 11 7 18 -10% 109 8 4 12 -40% 110 5 0 5 _ _ -90% 111_ 16 10 26 +30% 112 43 _ 16 59 +195% 113 14 7 21 +5% 114 0 0 0 0 115 10 7 17 -15% 116 3 1 4 -80% 201 11 7 18 -10% 202 15 8 23 +15% 203 13 8 21 +5% 204 2 2 4 -80% 205 13 8 21 +5% 206 15 6 21 +5% 207 28 13 41 +105% 208 14 5 19 -5% 209 21 9 30 +50% 210 1 8 12 30 +50% 211 13 6 19 -5% 212 8 4 12 -40% 213 11 7 18 -10% 301 9 5 14 -30% -65% 302 5 2 7 303 6 3 9 -55 % 304 2 0 2 -90% 305 3 1 4 -80 % 306 10 6 16 _ -20% 307 11 4 15 -25% 308 28 15 43 +115% 309 9 2 11 -45 % 310 7 3 10 -50% 311 8 2 10 -50% 312 6 0 6 -70% 313 1 0 1 -95 % 314 1 1 2 -90% 315 5 1 6 -70% 316 5 4 9 -55 % 317 4 2 6 -70% 318 56 26 82 +310% 319 40 18 58 +190% _ 320 8 3 11 -45% 321 6 3 9 -55 % 322 3 2 5 -75% 323 5 3 8 -60% TOTALS 681 328 1 1 Number of Reporting Districts = 52 Average # of Part I & II Crimes per Reporting District = 13 Average # of Felony /Misdemeanor Part I & II Crime Arrests per Reporting District = 6 Average # of Crimes and Arrests per Reporting District = 20 (Results from 01/01/2016 through 06/30/201_6) High Crime Am er B &P Code Section 23958.4 = s20% REEDRDS /EJ PAGEI 8/23/2016 70 r N m a n c 0 rn w J 4 W F 3AVSISI "a`i•� W o w o f } U W F- J LI C7 z Q 7 wK� . 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U fq Joe- j EL SEGUNDO PLANNING COMMISSION AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: August 11, 2016 AGENDA HEADING: New Business Consideration and possible action regarding approval to modify and supersede a previously - approved Administrative Use Permit (the "Project ") for Whole Foods Market at Plaza El Segundo, located at 760 S. Sepulveda Boulevard, Space A -6 in the Commercial Center (C -4) Zone. (Applicant: Mrs. Gooch's Natural Foods Markets, Inc.). RECOMMENDED PLANNING COMMISSION ACTION: It is recommended that the Planning Commission open the public hearing, receive testimony, close the public hearing, consider the evidence, and then adopt Resolution No. 2803 approving Environmental Assessment No. EA -1147 and Administrative Use Permit No. AUP 16 -03. ATTACHED SUPPORTING DOCUMENTS: 1. Draft Planning Commission Resolution No. 2803 A. Conditions of Approval 2. Plans ORIGINATED BY: Maria Baldenegro, Assistant PlannerJ' 1 REVIEWED BY: Gregg McClain, Planning Manager, REVIEWED BY: Paul Samaras, Principal Planner{ APPROVED BY: Sam Lee, Director of Planning and Building Safet I. INTRODUCTION The proposed project is a modification to a previously- approved Administrative Use Permit. The applicant requests approval to allow a Type 47 ABC License for the sale and consumption of beer, wine and distilled spirits for a new restaurant with an 824 square -foot dining area inside the market containing 56 seats, and to allow the expansion of on -site consumption of alcohol to an existing 869 square -foot outdoor dining area in front of the building. The applicant will be surrendering a Type 41 ABC license and will be replacing it with a Type 47 ABC License. The applicant will also be surrendering a Type 42 ABC License to replace it with a Type 86 ABC License for "Instructional Tasting." A Type 86 ABC License for "Instructional Tasting" allows an alcohol manufacturer to do tasting events for the sampling of beer, wine or distilled spirits. A new 696 square -foot outdoor dining area with 48 seats was recently added in front of the building, and no alcohol consumption is proposed for this new outdoor dining area. No changes are proposed to the previous approved AUP hours for the market. The proposed alcohol sales for the new restaurant and existing outdoor dining area will be the same as 72 those of the market. The proposed hours for "Instructional Tasting" will be the same as the previous approved hours for "Wine Tasting." II. BACKGROUND AND DISCUSSION Back ground An AUP was previously- approved for the market (Whole Foods Market) in 2007, which allowed: 1) a Type 21 Department of Alcoholic Beverage Control (ABC) license for the sale of beer, wine, and distilled spirits for off -site consumption; 2) a Type 41 ABC License for the sale of beer and wine for on -site consumption in conjunction with a bona fide public eating place; and 3) a Type 42 ABC License for on -site wine tasting events at a "Wine Bar" within the market. The market is 65,024 square feet in size and contains an 869 square -foot outdoor dining area with 45 seats in front of the building. The combined total interior floor area for dining is 2,617 square feet with 153 seats. This includes three restaurants and a wine bar with a combined total floor area of 1,396 square feet with 64 seats for dining that were previously approved to serve alcohol inside the market. The previous approved hours of operation for the market, sale of alcohol, and indoor eating areas are from 6:00 am to 12:00 am, seven days a week. The previous approved hours for "Wine Tasting" are from 11:00 am to 12:00 am, seven days a week. The surrounding land uses are summarized in the following table: SURROUNDING LAND USES Direction Land Use Zone Public Storage, Warehouse, and Light North industrial Light Industrial (M -1) East Retail and Restaurants Commercial Center (C -4) South Retail and Restaurants Commercial Center (C -4) Retail Restaurants Bank and Oil Refine rY Commercial Center (C -4) and West Heavy Industrial (M -2) Discussion Alcohol Service /Area modifications The applicant requests approval to modify an Administrative Use Permit which permitted three ABC Licenses (Type 21, 41 and 42) for an existing market at a commercial shopping center. No changes are proposed to the previous approved AUP hours for the market. The applicant is requesting a Type 47 ABC license to expand on -site consumption of alcohol (beer, wine and distilled spirits) to an existing 869 square -foot outdoor dining area and a 73 new restaurant with an interior 824 square -foot dining area for a total of 1,693 square feet of alcohol service area. The existing outdoor dining area contains 45 seats and the new restaurant will contain 56 indoor seats for a total of 101 seats. Previously, three restaurants and a wine bar with a combined total floor area of 1,396 square feet and 64 seats were approved to serve alcohol inside the market. The existing 869 - square foot outdoor dining area was not approved to serve alcohol. As proposed, the total proposed restaurant dining area with alcohol service (beer, wine, and distilled spirits) will increase by 297 square feet and 37 seats to a total of 1,693 square feet and 101 seats. Instructional Tasting The applicant proposes "Instructional Tasting" of alcohol (beer, wine, and distilled spirits) onsite in conjunction with the operation of the market. An existing Type 42 ABC License will be surrendered and replaced with a Type 86 ABC License for "Instructional Tasting" for sampling alcohol. The Director of Planning and Building Safety granted the approval of a Type 86 ABC License on July 6, 2011 for the market. A Type 86 ABC License for "Instructional Tasting" allows an alcohol manufacturer to do tasting events for the sampling of beer, wine or distilled spirits. This AUP will formally approve the Type 86 ABC License for the market which was previously granted by the Director in 2011. The proposed hours for "Instructional Tasting" will be the same as the previous approved hours for "Wine Tasting." Indoor Dining Areas The existing approved combined total interior dining area is 2,617 square feet with 153 seats. Interior tenant improvements are proposed which will modify the existing dining areas within the market. New seating areas are proposed for coffee /tea, a juice bar, and a new third restaurant (described above) with seating near the front of the building. Overall, interior dining areas and seating will be reduced. Specifically, the combined total proposed interior dining area is 1,916 square -feet and the number of seats is 137 (a reduction of 701 square feet and 16 seats). A Seafood restaurant, Smokehouse restaurant, and a Wine Bar area which included alcohol service have all been eliminated. New Exterior Dining Area A 696 square -foot outdoor dining area containing 48 seats was recently added in front of the building. No alcohol consumption is proposed for the new 696 square -foot outdoor dining area. It is intended to serve as a common/general dining area for customers purchasing prepared food and /or nonalcoholic drinks at the market The following chart describes the existing and proposed indoor dining areas and seating for the market: PROPOSED INDOOR EXISTING EXISTING PROPOSED PROPOSED DINING AREAS SQUARE NUMBER OF SQUARE NUMBER OF FOOTAGE SEATS FOOTAGE SEATS Asian/ Korean Rice Bowl 744 SF 45 Seats 706 SF 37 Seats 74 Smoke .House 234 SF 12 Seats 0 0 .Front Table Seating 961 SF 50 Seats 0 0 New Restaurant Seating (Alcohol Proposed) 0 0 Seats 824 SF 56 Seats Front Booth Seating adjacent to cashiers 216 SF 30 Seats 200 SF 26 Seats Wine Bar/ Wine Tasting 418 SF 7 Seats 0 0 Tea Counter 44 SF 9 Seats 0 0 Juice Bar 0 0 Seats 186 SF 18 Seats TOTAL 2,617 SF 153 Seats 1,916 SF 137 Seats Pursuant to ESMC § 15 -5G -4, subsections (A) and (B), an AUP is required for the proposed modifications to the alcohol service within the market and the outdoor seating area (described above). Markets are a permitted use and outdoor dining areas are a permitted accessory use in the commercial Center (C -4) Zone. The applicant intends to expand the consumption of alcohol to an existing 869 square -foot of outdoor seating area which contains 45 seats. In addition to the AUP, any additional indoor or outdoor dining area for the new restaurant and market must also meet the minimum number of off - street parking spaces for a restaurant use, which is one space for every 75 square feet. III. ANALYSIS Zoning consistency The following table contains the development standards for the Commercial Center (C -4) Zone. 4 75 Commercial Center (C -4) Zone Proposed Retail Sales, Restaurants, and Cafes. Retail, Restaurants, Cafe, ESMC §§ 15 -5G -2 and 15 -5G -3. Outdoor Sales, and Outdoor Seating Areas for Dining. Permitted Uses Outdoor restaurants, cafes or seating On -site sale and off -site consumption of alcohol at areas, complying with the provisions of retail establishments, requires ESMC §§ 15 -2 -16 and 15 -5G -6. the approval of an AUP. 4 75 76 Commercial Center (C -4) Zone Proposed AUP for on -site sale and off -site On -site sale and on -site consumption of alcohol at retail consumption of alcohol at establishments. ESMC § 15- 5G -4(A) restaurants and delicatessens, AUP for on -site sale and consumption requires the approval of an of alcohol at restaurants and AUP. delicatessens. ESMC § 15- 5G -4(B) Complies Lot Area Minimum 10,000 square feet 208,904 square feet. ESMC § 15- 5G -6(B) Complies Height Maximum 65 feet Existing building is 48 feet. ESMC § 15- 5G -6(C) Complies Front: 25 feet. Front (south): 365 feet; Side: 0 feet unless adjacent to the Side (east): 0 feet; Setbacks public right -of -way then 25 feet. Side (west): 0 feet; Rear: 15 feet unless adjacent to Rear (north): 79 feet. public right -of -way then 25 feet. ESMC § 15- 5G -6(D) Complies 5% of VUA Landscaping, 5- foot building perimeter • Vehicular Use Area — Five percent Landscaping, and Fully (5 %) of the total vehicular use area Landscaped Property Perimeter Landscaping must be landscaped. • Building Perimeter — 5 -foot Min. No new vehicular use area is • Property Perimeter — Fully proposed and no new landscaping is required. Landscaped ESMC §§ 15 -2 -14 and 15 -15A Reclaimed water is available to irrigate landscaping. Complies Retail inside the market and outside: Requires 1 space for each 300 square feet for the first 25,000 square feet; 1 The parking for the retail, space for each 350 square feet for restaurants, and outdoor uses is the second 25,000 square feet; and 1 provided on Parcel No. 6. The space for each 400 square feet for project requires 235 parking Parking the area in excess of 50,000 square spaces and the parcel contains feet. 383 parking spaces. See table and discussion below for full parking analysis. Restaurants, Dining Areas and Outdoor Dining Areas: Complies 1 space per 75 square feet square feet. 76 Commercial Center (C -4) Zone ` Proposed ESMC § 15 -15 -6 The following chart is the parking analysis for the proposed uses: PROPOSED PROPOSED SQUARE MARKET USES FOOTAGE - REQUIRED REQUIRED PARKING SPACES PARKING RATIO 25,000 SF — 1 Space /300 SF 83.30 Parking Spaces Retail within Market 25,000 SF - 1 Space /350 SF 71.40 Parking Spaces 13,108 SF — 1 Space /400 SF + 32.7'7 Parking Spaces = 187.47 Parking Spaces Outdoor Retail 150 SF — 1 Space /400 SF 1 Parking Space Indoor Dining 1,916 SF — 1 Space /75 SF 26 Parking Spaces Outdoor Dining and Seating 1,565 SF —1 Space /75 SF 21 Parking Spaces Combined Total 66,739 SF 235.0 Parking Spaces The proposed combined total outdoor seating area in front of the market is 1,565 square feet and requires 26 parking spaces. The proposed combined total indoor seating area for dining inside the market is 1,916 square feet and requires 26 spaces. The total required parking for the proposed modifications to the interior and outdoor seating areas for dining at Whole Foods Market is 235 parking spaces and 383 parking spaces are provided. Off -Site Parkin The approved Plaza El Segundo shopping center is comprised by 17 parcels and is improved with a total of 1,935 parking spaces. Parking across these 17 parcels is treated as pool - parking and is shared among all the uses in the shopping center based on the Development Agreement for the project. The minimum required parking spaces for the shopping center is 1,529 and 406 excess parking spaces are provided among the 17 Parcels. General Plan Consistency The General Plan Land Use designation for the site is Commercial Center and is consistent with the current zoning designation which is Commercial Center (C -4). The project is consistent with the General Plan Goals, Policies, and Objectives, as specified in the attached Approval Letter and draft Resolution (Exhibit 1). 9 77 Administrative Use Permit The project is a request to expand alcohol consumption at an existing market, which requires the approval of an Administrative Use Permit (AUP). Pursuant to El Segundo Municipal Code § 15 -22 -5, the Director of Planning and Building Safety may grant an Administrative Use Permit upon making the necessary findings to support the approval of the project. The Director of Planning and Building Safety has referred the decision to the Planning Commission. The required findings for approval of an AUP as follows: 1. There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located. 2. The proposed use is consistent and compatible with the purpose of the Zone in which the site is located. 3. The proposed location and use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 4. Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized and mitigated. The facts in support of said findings are outlined in the attached resolution. Staff believes that there is adequate evidence to support the four required Administrative Use Permit findings subject to the listed conditions of approval in the attached resolution. The Planning Commission may consider and impose additional conditions which it deems necessary, if it demonstrates a reasonable relationship between the condition it desires to impose and the project's impact. IV. INTER- DEPARTMENTAL COMMENTS The project application and plans were circulated to all City departments. The City Departments did not have any comments or objections to the proposed project. V. ENVIRONMENTAL REVIEW The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). The project is a negligible expansion of the operation of an existing use involving minor interior tenant improvements and the expansion of alcohol consumption to an existing outdoor dining area. FEIR's Limits on restaurant uses The Final Environmental Impact Report (FEIR) for the "Plaza El Segundo" and "The Point" development project, restricted the combined total floor area for restaurant uses to a maximum of 10% of the total retail uses for the entire project. The existing retail use area at "Plaza El Segundo" and "The Point" is 423,789 square feet and a total of 26,447 square feet (or 6 %) is restaurant floor area. The food and drink related uses within the Whole Foods market are considered part of the restaurant floor area. The proposed changes to the market's interior dining areas and outdoor dining areas (totaling 3,481 square feet) increases the restaurant use floor area to 7% of the total retail use area and would not exceed the 10% cap. Therefore, the proposed project is within the FEIR approved limits for the development. VI. RECOMMENDATION Planning staff recommends that the Planning Commission adopt Resolution No. 2803 approving Environmental Assessment No. EA -1147 and Administrative Use Permit No. 16 -03. PAPlanning & Building Safety \0 Planning - Old\PROJECTS (Planning)\1 126-1150\EA-1 147\EA-1 147 Staff Report.docx W RESOLUTION NO. 2803 A RESOLUTION APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -1147 AND ADMINISTRATIVE USE PERMIT AUP NO. 16 -03 MODIFYING AND SUPERSEDING A PREVIOUSLY - APPROVED ADMINISTRATIVE USE PERMIT FOR WHOLE FOODS MARKET AT 760 SOUTH SEPULVEDA BOULEVARD, SPACE A -6. The Planning Commission of the City of El Segundo does resolve as follows: SECTION 1: The Commission finds and declares that: A. On February 4, 2016, Mrs. Gooch's Natural Foods Markets, Inc. filed an application for Environmental Assessment No. EA -1147 and Administrative Use Permit No. 16 -03 for a modification to a previously- approved Administrative Use Permit for Whole Foods Market located at 760 South Sepulveda Boulevard, Space A -6; B. The application was reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC "); 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. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before this Commission for August 11, 2016; E. On August 11, 2016, the Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Commission by Mrs. Gooch's Natural Foods Markets, Inc.; and F. The Commission considered the information provided by City staff, public testimony, and Mrs. Gooch's Natural Foods Markets, Inc. This Resolution, and its findings, are made, in part, based upon the evidence presented to the Commission at its August 11, 2016 public hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department. SECTION 2: Factual Findings and Conclusions. The Commission finds that the following facts exist: .H A. The subject site is located in the Commercial Center (C -4) Zone within a commercial shopping center (Plaza El Segundo) at 760 South Sepulveda Boulevard, Space A -6 on Parcel No 6. B. The subject site is bounded by Hughes Way to the north, Sepulveda Boulevard to the west, Allied Way to the east, and Park Place to the south. C. The existing market is 65,024 square feet in size and contains an 869 square -foot outdoor dining area with 45 seats in front of the building. The combined total interior floor area for dining is 2,617 square feet with 153 seats. D. The previous AUP approval allowed three restaurants and a wine bar with a combined total floor area of 1,396 square feet containing 64 seats to include alcohol service. E. The market holds: 1) a Type 21 Department of Alcoholic Beverage Control (ABC) license for the sale of beer, wine, and distilled spirits for off -site consumption; 2) a Type 41 ABC License for the sale of beer and wine for on- site consumption; and 3) a Type 42 ABC License for on -site tasting events for a "Wine Bar" within the market. F. The applicant requests approval to allow a Type 47 ABC License for the sale and consumption of beer, wine and distilled spirits for a new restaurant with an 824 square -foot dining area inside the market containing 56 seats, and to allow the expansion of on -site consumption of alcohol to an existing 869 square -foot outdoor dining area in front of the building. The applicant will be surrendering a Type 41 ABC license and will be replacing it with a Type 47 ABC License. The proposed interior dining area for the restaurant will contain 56 seats and the existing outdoor dining area contains 45 seats. A combined total of 1,693 square feet of floor area with 101 seats for dining are proposed to include alcohol service. The interior restaurant seating area for dining which includes alcohol service (beer, wine, and distilled spirits) will increase by 297 square feet and add 37 seats. G. Interior tenant improvements are proposed which will modify the existing seating areas for dining within the market. The combined total proposed interior seating for dining is 1,916 square -feet in area and will contain 137 seats. A new seating area for coffee /tea, a juice bar, and a new third restaurant with seating near the existing outdoor dining area in front of the building is proposed. The overall proposed interior seating area for dining inside the market will be reduced in size by 701 square feet and will contain 16 less seats, as the Seafood restaurant, Smokehouse restaurant, and Wine Bar area have all been eliminated. H. The applicant will also be surrendering a Type 42 ABC License to replace it with a Type 86 ABC License for "Instructional Tasting." The Director of 2 81 Planning and Building Safety granted the approval of a Type 86 ABC License on July 6, 2011 for the market. A Type 86 ABC License for "Instructional Tasting" allows an alcohol manufacturer to do tasting events for the sampling of beer, wine or distilled spirits. This AUP will formally approve the Type 86 ABC License for the market which was previously granted by the Director. The applicant recently added a 696 square -foot outdoor dining area with 48 seats in front of the building. No alcohol consumption is proposed for this seating area. J. No changes are proposed to the previous approved hours of operation. The proposed hours of operation for the market, indoor and outdoor eating areas, and sale of alcoholic beverages for on -site and /or off -site consumption are from 6:00 am to 12:00 am, seven days a week. The proposed hours for "Instructional Tasting" will be the same as the previous approved hours for "Wine Tasting" which are from 11:00 am to 12:00 am, seven days a week. K. The subject site was approved with 383 parking spaces and 235 parking spaces are required for the proposed project. L. Additional parking spaces are available and shared among 17 parcels which comprise the commercial shopping center. A combined total of 1,935 parking spaces are available for the commercial shopping center. The minimum required parking spaces for the shopping center is 1,529 and 406 excess parking spaces are provided. SECTION 3: Environmental Assessment. The adoption of this Resolution is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). The project is a negligible expansion of the operation of an existing use involving minor interior tenant improvements and the expansion of alcohol consumption to an existing outdoor dining area. SECTION 4: General Plan and Zoning. The proposed project is consistent with the City's General Plan and the zoning regulations in the ESMC as follows: A. The El Segundo General Plan Land Use designation for the site is Commercial Center and is consistent with the current zoning designation which is Commercial Center (C -4). B. The proposed new outdoor dining area is permitted as an accessory use in the Commercial Center (C -4) Zone. C. The proposed project meets all the site development standards of ESMC § 15 -5G of the Commercial Center (C -4) Zone. D. The Commercial Center Land Use permits a mixture of community serving retail, restaurants and other commercial service uses in an integrated 3 82 shopping center design. This designation is intended to serve a broad cross section of the City and surrounding area. The proposed use is consistent with these goals since it expands quality retail in proximity to major employment centers, it is economically viable, environmentally safe, it provides a stable tax base and it minimizes any negative impact in the City. E. The proposed use is consistent with Land Use Element Goal LU4 in that it provides a stable tax base for the City through development of new commercial uses, primarily within a mixed -use environment, without adversely affecting the viability of Downtown. F. The proposed use is consistent with Land Use Element Objective LU4 -1 in that it promotes the development of high quality retail facilities in proximity to major employment centers. G. The proposed use is consistent with Land Use Element Objective LU4 -4 in that it adds to the mixture of uses, which has the potential to maximize economic benefit, reduce traffic impacts, and a encourage pedestrian environment. H. The General Plan contains a number of relevant Goals, Objectives, and Policies in the Economic Development Element. The goal of Objective ED1- 1 is building "support and cooperation among the City of El Segundo and its businesses and residential communities for the mutual benefits derived from the maintenance and expansion of El Segundo's economic base." The proposed outdoor dining area and expansion of alcohol service for an existing market will benefit the City and increase sales tax revenue for the City's General Fund. I. Policies ED1 -2.1 and E131 -2.2, both seek to promote land uses, which improve the City's retail and commercial tax base. The proposed new outdoor dining area and expansion of alcohol service for an existing market at an existing shopping center would contribute in generating an increase in tax revenue and would financially benefit the City. J. Implementation of the proposed project will meet relevant goals and policies with regard to the Land Use Element. The project will help increase the tax base through the proposed new outdoor dining area and expansion of alcohol service for an existing market at an existing shopping center at an existing shopping center without adversely affecting the viability of downtown (Goal LU4). SECTION 5: Administrative Use Permit Findings. After considering the above facts, the Commission finds as follows: A. There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located. 4 83 The applicant is requesting approval to modify and supersede a previously - approved Administrative Use Permit for an existing market which allowed three ABC Licenses (Type 21, 41, and 42). The existing market is 65,024 square feet in size and a combined total interior floor area for dining is 2,617 square feet containing 153 seats. Three restaurants and a wine bar with a combined total floor area of 1,396 square feet containing 64 seats for dining were previously approved to serve alcohol inside the market. The surrounding land uses include: commercial retail, restaurants, a bank, light industrial uses and an oil refinery. Other existing retail and restaurant uses in the general area also sell alcohol for onsite or offsite consumption. The proposed modifications to an existing market with three interior restaurants, two outdoor seating areas for dining, and instructional tasting of alcohol will be compatible with the surrounding uses. The proposed hours for alcohol consumption at the new restaurant and existing outdoor dining area will be the same as those of the market. The existing hours of operation for the market, sale of alcohol, and indoor eating areas are from 6:00 am to 12:00 am, seven days a week. The proposed hours for "Instructional Tasting" will also be the same as the previous approved hours for "Wine Tasting" which are from 11:00 am to 12:00 am, seven days a week. The proposed hours and modifications to alcohol service at the market are not anticipated to be detrimental to adjacent businesses, and no residential uses are located in the vicinity. The General Plan Land Use designation for the site is Commercial Center and is consistent with the current zoning designation which is Commercial Center (C -4). The project site is at a commercial shopping center ( "Plaza El Segundo "). Retail Sales and Restaurants are permitted uses in this Zoning District in accordance with ESMC § 15 -5G -2. The proposed use ( "Instructional Tasting" at a retail establishment, and the sale of alcohol for on -site consumption at a new restaurant with outdoor seating for dining), requires an Administrative Use Permit in accordance with ESMC §§ 15 -5G- 4A and 15- 5G -4B. The market must obtain and maintain the State of California Beverage Control (ABC) licenses (Type 21, Type 47, and Type 86). The minimum number of required parking spaces for the proposed uses within the market and the two outdoor dining areas in front of the building is 238 stalls and 383 parking spaces are provided. Additional parking spaces are available for the commercial shopping center. The approved Plaza El Segundo shopping center is comprised by 17 parcels and is improved with a total of 1,935 parking spaces. The minimum required parking spaces for the shopping center is 1,529 and 406 excess parking spaces are provided among the 17 Parcels. 5 84 The proposed project meets all the site development standards of ESMC § 15 -5G -6 of the Commercial Center (C -4) Zone, and Off - Street Parking Spaces of ESMC § 15 -15 -6. B. The proposed use is consistent and compatible with the purpose of the Zone in which the site is located. The zoning for the site is Commercial Center (C -4). Retail Sales and Restaurants are permitted uses in this Zoning District in accordance with ESMC § 15 -5G -2. The proposed use (sale of alcohol for on -site consumption at a new restaurant), requires an Administrative Use Permit in accordance with ESMC §§ 15 -5G -4A and 15- 5G -4B. The purpose of the Commercial Center (C -4) Zone is intended to provide for developing commercial establishments serving the City and surrounding area. The proposed use is consistent with the purpose of the zone in that the on -site alcohol consumption will be expanded to an existing 869 square -foot outdoor dining area in front of the building and will include a new 824 square - foot interior dining area for a new restaurant. The market will contain three indoor restaurants, a juice bar, a coffee /tea counter with seating for dining, interior seating for dining adjacent to the front of the building, ancillary "Instructional Tasting" for sampling alcohol, and two outdoor seating areas for dining. The General Plan Land Use designation of the site is Commercial Center. The proposed use is consistent with the Land Use Element in that the Commercial Center Land Use Category is intended to permit a mixture of community- serving retail, restaurants, and other commercial service uses in an integrated shopping center design to serve a broad cross section of the City and surrounding area. The surrounding land uses include: commercial retail, restaurants, a cafe, a bank, light industrial uses, and an oil refinery. The proposed modifications to the market will be compatible with the surrounding uses. Other restaurants in the same district currently have alcohol licenses for the sale and on -site consumption of beer, wine and distilled spirits at Plaza El Segundo. Accordingly, given the commercial nature of the surrounding uses, and the absence of any residential uses located in the vicinity, the proposed location of the project and conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. C. The proposed location and use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 6 85 The proposed project involves the modification to the interior eating areas that will serve alcohol, occasional "Instructional Tasting" events for sampling alcohol inside the market, and the expansion of alcohol consumption to an existing outdoor seating area in front of the building. Other retail and restaurant uses at the shopping center sell alcohol for onsite and /or offsite consumption. The proposed modifications to an existing market, including the outdoor dining, will be compatible with the surrounding uses. The existing market and other retail and restaurant uses in the surrounding area that sell alcohol have not been a source of crime or security problems. No changes are proposed to the previous approved hours of operation. The proposed hours of operation are from 6:00 am to 12:00 am, seven days a week for the market, indoor and outdoor eating areas, and sale of alcoholic beverages for on -site and /or off -site consumption. The "Instructional Tasting" hours will also remain the same and will be from 11:00 am to 12:00 am, seven days a week. D. Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized and mitigated. The proposed expansion of alcohol consumption to an existing outdoor dining area, and a new restaurant within an existing market located at a shopping center will create negligible impacts. Any new impacts will be consistent with impacts normally associated with the operation of a market. The proposed "Instructional Tasting" License for the sampling of alcohol will not create any new impacts, as "Wine Tasting" had been previously - approved for the market. The subject site is located in a predominantly commercial and industrial area and is not adjacent to any residential uses. Therefore, there will be no potential impacts on residential uses in the City. The hours of operation for the market, restaurants, instructional tasting, and on -site consumption of alcohol will remain the same. As a result, patrons will arrive and leave the subject site at the same time and no additional noise, traffic or other impacts will be generated. No residential uses are adjacent to the subject property that would be negatively impacted by the proposed modifications to the market. In addition, ample parking is being provided on the subject site. The parcel where the market is situated contains 383 spaces and a combined total of 1,935 parking spaces are provided for the commercial shopping center. In addition to complying with the requirements of the City of El Segundo and ABC, the modifications to a restaurant within the market are subject to County Health Department regulations which address and monitor impacts of fumes and odors. 7 86 SECTION 6: Approval. Subject to the conditions listed on the attached Exhibit "A," which are incorporated into this Resolution by reference, the Planning Commission approves Environmental Assessment No. EA -1147 and Administrative Use Permit No. 16 -03. SECTION 7: This Resolution will remain effective unless superseded by a subsequent resolution. SECTION 8: The Commission Secretary is directed to mail a copy of this Resolution to Mrs. Gooch's Natural Foods Markets, Inc. and to any other person requesting a copy. SECTION 9: This Resolution may be appealed within ten (10) calendar days after its adoption. All appeals must be in writing and filed with the City Clerk within this time period. Failure to file a timely written appeal will constitute a waiver of any right of appeal. 8 87 SECTION 10: Except as provided in Section 9, this Resolution is the Commission's final decision and will become effective immediately upon adoption. PASSED, APPROVED AND ADOPTED this 11th day of August, 2016. ATTEST: Sam Lee, Secretary APPROVED AS TO FORM: Mark D. Hensley, City Attorney in Ryan Baldino, Chair City of El Segundo Planning Commission David King, Assistant City Attorney Baldino Newman Nicol Nisley Wingate 9 88 PLANNING COMMISSION RESOLUTION NO. 2803 Exhibit A CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), Mrs. Gooch's Natural Foods Markets, Inc. agrees to comply with the following provisions as conditions for the City of El Segundo's approval of Environmental Assessment No. EA- 1147 and Administrative Use Permit No. AUP 16 -03 ( "Project Conditions "): Zonino Conditions 1. This approval is for the project as shown on the plans reviewed and approved by the Planning Commission and on file. Any subsequent modification to the project as approved including, but not limited to the floor plan and areas where alcohol is served, must be referred to the Director of Planning and Building Safety for approval and a determination regarding the need for Planning Commission review of the proposed modification. 2. The sale of alcohol for on -site consumption will be limited to an existing 869 square - foot outdoor dining area with 45 seats in front of the building and a new 824 square - foot interior restaurant with 56 seats. A combined total of 1,693 square feet of floor area with 101 seats for dining is proposed to include alcohol service. 3. All outdoor dining areas must comply with the requirements of ESMC § 15 -2 -16. 4. The hours of operation for the market, indoor and outdoor eating areas, and sale of alcoholic beverages for on -site and /or off -site consumption will be limited to 6:00 am to 12:00 am, seven days a week for. The "Instructional Tasting" hours will be limited to 11:00 am to 12:00 am, seven days a week. Any change to the hours of operation or the hours that alcohol may be served is subject to review and approval by the Director of Planning and Building Safety. 5. The applicant must obtain and maintain all licenses required by the Alcoholic Beverage Control Act (Business & Professions Code §§ 23300 et seq.). The applicant must maintain a Type 21 license for the market for on -site sale and off - site consumption of beer, wine and distilled spirits; obtain and maintain a Type 47 license for the sale and on -site consumption of beer, wine and distilled spirits for the new restaurant and the existing outdoor dining area; and must obtain and maintain a Type 86 License for "Instructional Tasting" for occasional on -site sampling of alcohol. 6. The Planning and Building Safety Department and the Police Department must be notified of any change of ownership of the approved use in writing within 10 days of the completion of the change of ownership. A change in project ownership may be cause to schedule a hearing before the Planning Commission regarding the status of the administrative use permit. 10 89 7. The applicant must comply with all regulations of the Alcoholic Beverage Control Act and the regulations promulgated by the Alcoholic Beverage Control Board including, without limitation, the regulations set forth in 4 Cal. Code of Regs. §§ 55 et seq. & The applicant must post a sign in a clear and conspicuous location listing a phone number at which a responsible party may be contacted during all open hours of the establishment to address any concerns of the community regarding noise in the market and parking lot. Said contact's name and phone number must also be available through the market staff at all times. 9. The applicant must, at all times, display a Designated Driver sign of at least ten inches by ten inches (10" X 10 ") in the restaurant dining areas at eye level. The sign must be worded in a way that reminds patrons who are consuming alcohol to designate a non - drinking driver. 10. "No Loitering" signs must be posted to the rear of the property and on property adjacent to the licensed premises, under the control of the licensee. Such signs must measure no less than seven inches by eleven inches (7" X 11 ") and the lettering must be no less than one inch (1 ") in height. 11. There must be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages which are clearly visible to the exterior must constitute a violation of this condition. 12. All employees serving alcoholic beverages to patrons must enroll in and complete a certified training program approved by ABC for the responsible sales of alcohol. The training must be offered to new employees on not less than a quarterly basis. 13. Any and all employees hired to sell alcoholic beverages must provide evidence that they have either: a. Completed training from the State of California Department of Alcoholic Beverage Control (ABC), Long Beach /Lakewood District Office administered Licensee Education on Alcohol and Drugs (LEAD) Program; or, b. Completed an approved equivalent (LEAD) training program administered by the ABC, Long Beach /Lakewood District Office to ensure proper distribution of alcoholic beverages safely, responsibly and to adults of legal age. Any future employee designated to sell alcoholic beverages on behalf of the licensee or applicant must obtain a certificate proving completion of the (LEAD) training; and C, The licensee or applicant must confirm with the Planning and Building Safety Director, or designee, within fifteen (15) days of the Director's decision as to the approval of the application, or by final project approval, that a date certain 11 90 has been scheduled with the local ABC Office to complete the LEAD training program. d. Within thirty (30) days of taking said course, the employees, or responsible employer must deliver each required certificate showing completion to the Police Department. 14. The licensee must have readily identifiable personnel to monitor and control the behavior of customers inside the building premises. Staff must monitor activity outside in the dining areas, parking lot and any adjacent property under the establishment's control to ensure the areas are generally free of people and are cleared of patrons and their vehicles one -half hour after closing. 15. If complaints are received regarding excessive noise, parking availability, lighting, building access, and the like associated with the sale of alcohol, instructional tasting, restaurant areas and /or outdoor dining areas, the city may, in its discretion, take action to review this permit, including without limitation, adding conditions or revoking the permit. 16. The City may, in its discretion, take action to review this permit, including without limitation, adding conditions or revoking the permit, to enforce applicable regulations of the ESMC or this Administrative Use Permit. 17. No consumption of alcoholic beverages will be permitted in the 696 square -foot outdoor dining area, which contains 48 seats in the front and western side of the building. Adequate signage must be posted throughout this outdoor dining area indicating that alcohol consumption is not permitted in it, to the satisfaction of the Director of Planning and Building Safety or his /her designee. 18. The approval of EA -1147 and AUP 16 -03 supersedes the approval granted by EA- 744 and AUP 07 -03. Fire Department Conditions 19. The building must not be occupied by more persons than allowed by the California Fire Code, as adopted by the ESMC. Building Division Conditions 20. The interior building areas being remodeled and any outdoor seating must comply with California Building Code requirements, as adopted by the ESMC. Miscellaneous Conditions 21. The Applicant agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Environmental Assessment No. 1147 and Administrative Use Permit No. 16 -03. Should the City be named in 12 91 any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of EA -1147 or AUP 16- 03, the Applicant agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees. By signing this document, Corporate Officer Roberta Lang and Licensing Team Leader Ryan Bissett on behalf of Mrs. Gooch's Natural Foods Markets, Inc. certify that they have read, understood, and agree to the Project Conditions listed in this document. Roberta Lang, Corporate Officer Mrs. Gooch's Natural Foods Markets, Inc. Ryan Bissett, Licensing Team Leader Mrs. Gooch's Natural Foods Markets, Inc. {If Corporation or similar entity, needs two officer signatures or evidence that one signature binds the company} P: \Planning & Building Safety \0 Planning - Old \PROJECTS (Planning)\1 126-1150\EA-1 147\EA-1 147 AUP 16- 03.PCreso.doc 13 92 EL SEGUNDO CITY COUNCIL MEETING DATE: September 6, 2016 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to award a standard Public Works Contract to Kana Subsurface Engineering for the Water Meter Replacement Project in Commercial Areas. Project No. PW16 -04 (Fiscal Impact: $1,186,088.00) RECOMMENDED COUNCIL ACTION: 1. Authorize the City Manager to execute a standard Public Works Contract, in a form approved by the City Attorney, with Kana Subsurface Engineering in the amount of $1,031,381.00 for the Water Meter Replacement Project in Commercial Area East of Sepulveda Blvd. and Smokey Hollow area, (Project No. PW16 -04); 2. Authorize additional contingency of $154,707.00 for unforeseen conditions; 3. Alternatively, discuss and take other possible actions related to this item. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Amount Budgeted: $1,186,088.00 Additional Appropriation: N/A Account Number(s): 501- 400 - 7103 -8461 (Water Enterprise Fund, Upgrade Meter; $250,000 from FY 2014/15 and $250,000 from FY 2015/16) 502- 400 - 8204 -8461 (Sewer Enterprise Fund, Upgrade Meter; $250,000 from FY 2014/15, $300,000 from FY 2015/16) 501- 400 - 7103 -8207 (Water Enterprise Fund, Water Main Replacement); $136,088.00 from FY 2015/16 ORIGINATED BY: Arianne Bola, Senior Associate Engineer REVIEWED BY: Stephanie Katsouleas, Public Works Director APPROVED BY: Greg Carpenter, City Manager ( BACKGROUND AND DISCUSSION: California's extreme drought of 2015 brought a new awareness to the importance of conserving the world's most valuable natural resource — water, and the City of El Segundo is committed to its continued conservation. One component of our conservation program is to enable City staff to better record low -flow usage, more quickly identify leaks on the consumer's side of the meter, 12 93 and help users identify problems with their water system more rapidly, all of which will help reduce the amount of water wasted. By implementing the Automatic Meter Reading (AMR) program, we will be positioned to better respond to and track water usage for all of our customers. The first phase of this AMR project is to install approximately 400 Metron Farnier Smart Water Meters (a.k.a, automatic meter readers) throughout the City's commercial sector, primarily located east of Sepulveda and within the Smoky Hollow area. These locations are the City's most labor intensive areas for manual meter reading due to the large area covered and varied meter locations. We estimate that the staff time expended on meter reading will be reduced from approximately 8 days to just a few hours, thereby providing our meter reader more time for meter maintenance and repairs on the larger water system. Many of the meters planned for this AMR upgrade are due for replacement, so the timing is good. Over the next several years, staff will implement two additional phases to complete the City's entire AMR meter conversion. Funds for this effort were incorporated into the City's latest 5 -year water rate study such that it can be completed within the remaining 3 -year timeframe. On August 2, 2016, City Council adopted plans and specifications for the Water Meter Replacement Project in Commercial Area, approved sole source findings to designate Metron Farnier Smart Water Meters in bidding specifications for the project, and authorized staff to advertise the project for receipt of construction bids. On August 23, 2016, the City Clerk received and opened three (3) bids as follows: 1. Kana Subsurface Engineering $1,031,381.00 2. Ramona, Inc. $1,034,685.00 3. Green Building Corporation $1,523,800.00 The lowest responsible bidder is Kana Subsurface Engineering. Staff verified the contractor's state license(s), DIR registration status and references. Its State contractor license and DIR registration are in good standing and Kana Subsurface Engineering has satisfactorily completed similar projects for the other public agencies. Staff therefore recommends that City Council authorize the City Manager to execute a standard Public Works Contract, in a form approved by the City Attorney, with Kana Subsurface Engineering in the amount of $1,031,381.00 and approve an additional $154,707.00 for construction- related contingencies. Any unspent funds will be returned to Water Enterprise Fund and Sewer Enterprise Fund. Staff estimates the following timeline for the project: September, 2016 Project Award by City Council October, 2016 Start Construction May, 2017 Complete Construction This work was identified and approved in FY 2014/15 and 2015/16 budgets as part of our Capital Improvement Program and will advance our ultimate goal to replace all of our aging water infrastructure. ., EL SEGUNDO CITY COUNCIL MEETING DATE: September 6, 2016 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to award a standard Public Works Contract to Stephen Doreck Equipment Rentals, Inc. for the Water Valve Replacement Project at multiple locations on the following streets: Hillcrest St., Cedar St., Holly Ave., Walnut Ave., Mariposa Ave. and Eucalyptus St., Project No. PW16 -24. (Fiscal Impact: $142,910.50) RECOMMENDED COUNCIL ACTION: 1. Authorize the City Manager to execute a standard Public Works Contract, in a form approved by the City Attorney, with Stephen Doreck Equipment Rentals, Inc. in the amount of $124,270.00 for the Water Valve Replacement Project at multiple locations on the following streets: Hillcrest St., Cedar St., Holly Ave., Walnut Ave., Mariposa Ave. and Eucalyptus St. (Project No. PW16 -24); 2. Authorize additional contingency of $18,640.50 for unforeseen conditions; 3. Alternatively, discuss and take other possible actions related to this item. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $2,000,000.00 Additional Appropriation: N/A Account Number(s): 501- 400 - 7103 -8207 (Water Enterprise Fund) ORIGINATED BY: Arianne Bola, Senior Associate Engineer REVIEWED BY: Stephanie Katsouleas, Public Wor s Director APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: The City has an annual program to assess, maintain, rehabilitate and/or replace existing defective water valves. The overall goal of this project is to improve the City's service reliability and increase the longevity of the water distribution system. As part of this year's efforts, staff has identified 20 deteriorated and inoperable valves ranging in sizes from 6 -inch to 10 -inch, in need of replacement. Their replacements will improve operational control and provide enhanced isolation capabilities in the event of a water main break. On July 19, 2016, City Council adopted plans and specifications for the Water Valve Replacement Project at multiple locations on the following streets: Hillcrest St., Cedar St., Holly Ave., Walnut Ave., Mariposa Ave. and Eucalyptus St. (Project No. PW 16 -24, map attached) and 1 authorized staff to advertise the project for receipt of construction bids. On August 16, 2016, the City Clerk received and opened three (3) bids as follows: 95 1. Stephen Doreck Equipment Rentals, Inc. $124,270.00 2. Ramona, Inc. $160,250.00 3. Gentry General Engineering, Inc. $183,000.00 The lowest responsible bidder is Stephen Doreck Equipment Rentals, Inc., who is below the engineering cost estimate of $150,000.00. Staff verified the contract state licenses ), DIR registration status and references. Its State contractor license and DIR registration are in good standing and Stephen Doreck Equipment Rentals, Inc. has satisfactorily completed similar projects for the City of El Segundo and other public agencies. Staff therefore recommends that City Council authorize the City Manager to execute a standard Public Works Contract, in a form approved by the City Attorney, with Stephen Doreck Equipment Rentals, Inc. in the amount of $124,270.00 and approve an additional $18,640.50 for construction- related contingencies. Any unspent funds will be returned to Water Enterprise Fund. Staff estimates the following timeline for the project: September, 2016 City Council awards project October, 2016 Start Construction November, 2016 Complete Construction This work was identified and approved in FY 2015/16 budget as part of our Capital Improvement Program project listing and will advance our ultimate goal to replace all of our aging water infrastructure. EL SEGUNDO CITY COUNCIL MEETING DATE: September 6, 2016 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding a request for a new on -site sale and consumption of alcohol (Type 47 ABC License) for a lobby/bar area of new hotel (Hampton Inn & Suites) under construction at 888 North Sepulveda, EA No. 1153, AUP No. 16 -04. Applicant: Michael Haslett c/o OTO Development. (Fiscal Impact: N /A) RECOMMENDED COUNCIL ACTION: 1. Receive and file this report for the on -site sale of beer, wine and distilled spirits for on- site consumption at a new hotel at 888 North Sepulveda Blvd.; and /or 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Crime and Arrest Statistics by Reporting Districts (RD) 2. Crime and Arrest Statistical Report Map for 888 N. Sepulveda 3. Police Reporting Districts Map 4. Administrative Use Permit Approval Letter and Conditions, dated August 4, 2016 5. Planning Commission Staff Report dated August 11, 2016 FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Gregg McClain, Planning Manager REVIEWED BY: Sam Lee, Planning and Building Safety Direct( APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: I. Background On August 4, 2016, the Director of Planning and Building Safety approved an Administrative Use Permit application (EA -1153, AUP 16 -04) for 888 North Sepulveda Blvd., with conditions of approval, which allows the sale of beer, wine & distilled spirits at the new hotel (Type 47). The Director's decision was forwarded to the Planning Commission on August 11, 2016, and the Planning Commission Received and Filed the Director's decision. In 1995, the City Council directed staff to bring all future Department of ABC licenses to it for review. Based upon previous Council direction, staff is providing background information regarding this application. 14 97 II. Analysis The application for a license, if approved by the Department of ABC, would allow the sale of beer, wine and spirits from the bar to guests sitting at the bar, dining area, and lobby, as well as the patio (located on the west side of the hotel adjacent to Sepulveda Boulevard). The patio will have seating for up to 26 guests. It is also anticipated that guests would take alcoholic beverages to their guestrooms for consumption. The proposed hours of alcohol service are 5pm to l 1pm, seven days a week. Food will be served during hours of alcohol service. According to the most recent Crime and Arrest statistics report prepared by the Police Department, the proposed restaurant is located in Reporting District (RD) 301. Based on the January — June 2016 data reported by the Police Department, the district had a total of 9 Part I & II crimes and 5 felony /misdemeanor arrests. This rate is 30% lower than the City's average. The Police Department and the Planning and Building Safety Department do not object to the issuance of the Type 47 ABC License for the new restaurant. The project site is located in the 888 North Sepulveda Specific Plan. The proposed use (on -site sale and consumption of beer, wine & spirits at a hotel), required the approval of an Administrative Use Permit in accordance with Section 4(C)(iii) of the Plan. As noted above, the permit was approved with conditions, by the Director of Planning and Building Safety and the Planning Commission. ABC license review requires mandatory findings that are regulated by ABC. The City's AUP process is separate. ABC is responsible for running a complete background check on all alcohol license applicants, as well as conducting site inspections, before issuing any type of alcohol license. III. Environmental Review The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). The project is a request for an alcohol permit only for a new, already- approved hotel. The project is not anticipated to have any significant impacts with regard to traffic, noise, air quality or water quality. IV. Conclusion Staff recommends that the Council receive and file this report without objecting to the issuance of a new Type 47 ABC license for the on -site sale of beer, wine and distilled spirits for on -site consumption at a new hotel at 888 North Sepulveda Blvd., or alternatively discuss and take another action related to this item. P: \Planning & Building Safety \0 Planning - Old \PROJECTS (Planning)\1 151-1175\EA- 1153\CC\EA-1 153 AUP 16 -04 CC Staff Report FE Sl?GUNUO POLICE I)F..l'nR'I'iNIF'N'I' REPORTED PERIOD: JANUARY— JUNE, 2016 PART I & II CRIMES AND ARRESTS BY REPORTING DISTRICT RD REPORTING DISTRICT PART I &II CRIMES FELONY /MISD ARRESTS TOTAL AVERAGE BY RD PERCENTAGE +/- 101 30 13 43 +115% 102 23 15 38 +90% 103 10 6 16 -20% 104 24 14 38 +90% 105 12 6 18 -10% 106 3 2 5 -90% 107 49 19 68 +240% 108 11 7 18 -10% 109 8 4 12 -40% 110 5 0 5 -90% 111 16 10 26 +30% 112 43 16 _ _ 59 +195% 113 14 7 21 +5% 114 0 0 0 0 115 10 7 17 -15% 116 3 1 4 -80% 201 11 7 18 -10% 202 15 8 23 +15% 203 13 8 21 +5 % 204 2 2 4 -80% 205 13 8 21 +5 % 206 15 6 21 +5% 207 28 13 41 +105% 208 14 5 19 -5% 209 21 9 30 +50% 210 18 12 30 +_50% 211 13 6 _ 19 -5% 212 _ 8 4 7_ 12 18 -40% -10% 213 11 301 302 9 5 5 14 -30% 2 7 -65% 303 6 3 9 -55% 304 2 0 2 -90% 305 3 1 4 -80% 306 10 6 16 -20% 307 11 4 15 -25% 308 28 15 43 +115% 309 9 2 11 -45% 310 7 3 10 -50% 311 8 2 10 -50% 312 6 0 6 -70% 313 1 0 1 -95% 314 1 1 2 -90% 315 5 1 6 -70% 316 5 4 9 -55% 317 4 2 6 -70% 318 56 26 82 +310% 319 40 18 58 +190% 320 8 3 11 -45% 321 6 3 9 -55% 322 3 2 5 -75% 323 5 6181 3 8 -60% TOTALS 328 1,009 Number of Reporting Districts = 52 Average # of Part I & II Crimes per Reporting District = 13 Average # of Felony /Misdemeanor Part I & II Crime Arrests per Reporting District = 6 Average # of Crimes and Arrests per Reporting District = 20 (Results from 01/01/2016 through 06/30/2016) High Crime Area per B &P Code Section 23958.4 = >20% - REEGRGS /EJ PAGEI 8/23/201E 99 EL SEGUNDO POLICE DEPARTMENT � CATEGORY: UNIFORM CRIME REPORTING PART I & II CRIMES, INCLUDING ALCOHOL RELATED INCIDENTS LOCATION: 888 N SEPULVEDA BLVD REPORTED PERIOD: 07/01/2015 - 07/31/2016 4� I -i0K' ''• 1-105 I -105 1G5 D S= 105 E 105 IMPERIAL HWY IMPERIAL AVE - a � } m N EL SEGUNDO POLICE VVE DEPARTMENT 1 -105 s+[ -185. CRIME STATISTICAL REPORT IMPERIAL HWY O W W N J W h 735 N DOUGLAS ST WALNUT AVE WALNUT AVE SYCAMORE AVE Y C 3 LOCATION: 888 N SEPULVEDA BL x REPORTED PERIOD: 01101/2016 - 07/31/2016 CATEGORY: w PART I & II CRIMES INCLUDING ALCOHOL RELATED x DATA SOURCE: RMS *NOTE: NO CRIME REPORTED AT 888 N SEPULVEDA BLVD INCIDENTS WITHIN 500 FT FROM LOCATION RPT No LOCATION DATE TIME NSE H YI RD OFFICER '16 -0372 !900 BLK OF N SEPULVEDA BL z O D1:48:30 )VC IDUI IE301 :30509 '16 -1082 MAPLE AVE MAPLE AVE D5/31/2016 NO CRIME REPORTED a 3 IDUI IE301 :30480 '15 -2726 1300 BLK OF N SEPULVEDA BL o m 3RAND THEFT IE301 30466 j 8 SELECTED LOCATION z IL M 30484 16 -1531 800 BLK OF N SEPULVEDA BL H S 564/211 PC IATTEMPTED z JE301 30445 y PALM AVE PALM AVE CITY OF EL SEGUNDO 4 DATA SOURCE: RMS *NOTE: NO CRIME REPORTED AT 888 N SEPULVEDA BLVD INCIDENTS WITHIN 500 FT FROM LOCATION RPT No LOCATION DATE TIME NSE DESCRIPTION RD OFFICER '16 -0372 !900 BLK OF N SEPULVEDA BL 02/23/2016 D1:48:30 )VC IDUI IE301 :30509 '16 -1082 IN SEPULVEDA BUE SYCAMORE AV D5/31/2016 03:03:32 )VC r IDUI IE301 :30480 '15 -2726 1300 BLK OF N SEPULVEDA BL 11/19/2015 20:58:11 3RAND THEFT IE301 30466 '16 -0089 IE SYCAMORE AV /N SEPULVEDA BL 01/13/2016 23:35:28 3RAND THEFT IE301 30484 16 -1531 800 BLK OF N SEPULVEDA BL 07/28/2016 116:30:31 564/211 PC IATTEMPTED ROBBERY JE301 30445 Page I I 8/24/2016 RECORDS /EJ 11� +4jn ' .`• vl _o r— e. ^Ir..�..� Zn • D _.. lly.�• O { r.� rr O D M1 •� r m O m m �DIi ST o rn KILL E % d m z :.•HILLCRES1 ST n n n Aq i m c -' n � 406 VALLEY $7 A t"r A :, — LOMA:VI TA g LO VIST «. o ST ST a ! gp < 1WHITING % YONNE S � , O ST e ~ I J$ !S VIRGINIA ST VIR IINIA I ST CONCORD IT E om # C o yg W rd n n 0f Oi < 1 W wGiMO D sr MAIN N ST u VLS�nN d� � L .2 cNIC $7MIID ST - ceM7en 00 # PEPPER N ST EUCAL US DR o Y s ., Hi m m ARENA ST r p O RA �i1 z w A z CI o SHELDON ST o SHELDON CYPRESS ST m r p z 0 � um , m z PENN ST A PENN m ST p n _ r SIERRA ST r , PL SIERRA ST ... m LOMITA ST LOMITA C� ST r CT m /W MN� i D U[ - z MAR ST s MARYLAND ST � p 4x e 'BUNGALOW % w DR I CENTER ST m CENTER m wr ST .c LAURELAVE Oi NEVADA - °s ' m _ � - z PACIFIC AVE 10 o ° m ° ORE . r m z % CALIFORNIA m N ST ° y Z N CALIF Lt ST p ° n p S KANSAS O ST o di z n r w 3 > m >< G WASHINGTON ° ST < % m m ILLINOIS m ST " r N ILLINOIS N INDIANCT _ N o y IDDIANA ST CT ,V ➢ - c < 210 ,00 m n S SEPULVEDA BLVD {,� o N SEPULVEDA BLVD S $ 0O0 n cp ' W W m m x m W W W :77 �, SAM ST m L7 D Z D V j O ,00 m O o , j LAIRPORT ,ao ST W n A O 9 a ArAG3fT'IV D CONTINENTAL BLVD m r mw W 1 O NASH ST j W NASH ;METROGREENIINE ffi m m ST APOLLO $7 n o y cAMPus m �CONTINEN7AL WAY - - DULEY W SO WEST iyyEyr, W W - O T W W - % ; caS DR ll tlnI N w CORAL CIR N O`� CAMPUS REDONDO (,DOUGLAS ST N DOUGLAS Sa EAST ST m AVE % c n 2pN W W n n m W m w w - HORNET WAY V AVIATION BLVD s ti r:,00 ti ur L7 ° F n' m w m m x x p x (A a , 0 m A m C _ < nnO > c z r _ c A O xm� z GI m m r 0 to -G m mnao �. z m ISIS AVE r m ti m Ul O m W (n p W N Elected Officials: Suzanne Fuentes, Mayor Drew Boyles, Mayor Pro Tem Michael Dugan, Council Member Carol Pirsztuk, Council Member Dr. Don Brann, Council Member Tracy Weaver, City Clerk Crista Binder, City Treasurer Appointed Officials: Greg Carpenter City Manager Mark D. Hensley, City Attomey Department Directors Joseph Lillio, Finance Chris Donovan, Fire Chief Martha Dilkstra, Human Resources Debra Brighton, Library Services Sam Lee, Planning 8 Building Safety Mitch Tavera, Police Chief Stephanie Katsouleas, Public Works Meredith Petit, Recreation & Parks v1ww.e1se ulydo.orc Planning & Building Safety Department August 4, 2016 Michael Haslett 3130 Bonita Road Suite 200C Chula Vista, CA 91910 RE: Environmental Assessment No. EA -1153 and Administrative Use Permit AUP No. 16 -04 An Administrative Use Permit request to allow the on -site sale and consumption of alcohol at a hotel. Address: 888 North Sepulveda Boulevard Dear Mr. Haslett: In accordance with El Segundo Municipal Code ( "ESMC ") Chapter 15 -22, the Planning Division has reviewed your application for the above - referenced project and the Director of Planning and Building Safety Department has APPROVED Environmental Assessment No. EA-1 153 and Administrative Use Permit No. 16 -04 for the on -site sale consumption of alcohol at a hotel at 888 North Sepulveda Boulevard. The following are the findings and facts in support of each finding for this decision: FINDINGS AND FACTS IN SUPPORT OF FINDINGS: Environmental Assessment No. EA -1153 Finding 1 The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). 350 Main Street, El Segundo, California 90245 -3813 102 Phone (310) 524 -2380 FAX (310) 322 -4167 Facts in Support of Finding 1 1. The applicant proposes to serve alcohol within the lobby and bar area of the Hampton Inn & Suites hotel (currently under construction). The project is a negligible expansion of the planned -for operation of an approved use involving alcohol service in certain areas of the hotel. The property is in an urbanized area where there is adequate access and all public services and facilities are available. The hotel is part of the 888 North Sepulveda Specific Plan that allowed the construction of the hotel. The site is in an area that is not environmentally sensitive. Therefore, the project is not anticipated to have any significant impacts with regard to traffic, noise, air quality, or water quality. Administrative Use Permit 16 -04 Finding 1 f There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located. Facts in Support of Finding 1 1. The applicant proposes to provide on -site sale and consumption of alcohol at the Hampton Inn & Suites lobby area and outdoor patio areas. Alcohol will be served from the bar and consumed within the lobby area and the outdoor patio space. It is also anticipated that guests take alcohol to their private rooms. Bar area: 118 square feet Dining area: 1,850 square feet Main lobby: 2,200 square feet. Patio: 700 square feet. 2. The area is situated in a block that includes office and industrial uses. Alcohol service will be primarily used by hotel guests. Properties zoned Multi - Family Residential (R -3) are located within the vicinity, which are over 300 feet away and on the other side of Sepulveda (to the south west). Having alcohol service this close to residentially -zoned properties has the potential to impact those properties. However, the 888 North Sepulveda was approved with the understanding that a hotel would be constructed on that site, for which alcohol service is a common accessory use. 3. There are 72 proposed parking spaces for the hotel. Since the restaurant is an accessory use to the hotel and serve mainly hotel guests, no additional parking spaces are required for the request. 4. The General Plan Land Use designation for the site is 888 North Sepulveda Specific Plan. The zoning for the site is 888 North Sepulveda Specific Plan. On- 2 103 site sale and consumption of alcohol at hotels is permitted in the Zone with the approval of an Administrative Use Permit. 5. The 888 North Sepulveda Specific Plan permits and the surrounding land uses include: hotel, general office, medical office, and industrial. Finding 2 The proposed use is consistent and compatible with the purpose of the Zone in which the site is located. Facts in Support of Finding 2 1. The General Plan Land Use designation for the site is 888 North Sepulveda Specific Plan. 2. The 888 North Sepulveda Specific Plan identifies two specific goals: Facilitate Economic Development and Promote Compatible Uses. The proposed use and its proposed operations are consistent with the goals since it expands quality retail service facilities in proximity to major employment centers and is economically viable, environmentally safe that provides a stable tax base and minimize any negative impact in the City. 3. The proposed use is consistent with Land Use Element Goal LU4 in that it provides a stable tax base for the City through development of a new commercial use. 4. The immediate surrounding land uses include office and industrial uses. The proposed on -site sale and consumption of alcohol in the hotel lobby and patio will be compatible with the surrounding uses. Finding 3 • The proposed location and use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Facts in Support of Finding 3 1. The on -site sale of alcohol will be located inside the proposed hotel and will be constructed in accordance with all applicable codes and regulations. The project proposes minimal structural change to the exterior of the building, and no changes on the building envelope, parking or landscaping. Sufficient parlang will be provided on -site in compliance with ESM'C Chapter 15 -15. 2. The surrounding land uses include office and industrial uses. The proposed sale of beer, wine, and spirits in a hotel is a permitted use within the 888 North Sepulveda Specific Plan. 3 104 6. Properties zoned Multi - Family Residential (R -3) are located within the vicinity, which are over 300 feet away and on the other side of Sepulveda (to the south west). Having alcohol service this close to residentially -zoned properties has the potential to impact those properties. However, the 888 North Sepulveda was approved with the understanding that a hotel would be constructed on that site, for which alcohol service is a common accessory use. 3. The proposed hours of operation to serve alcohol is between 5:00 p.m. to 11:00 p.m. seven days a week. Food and alcohol will be served within the bar area, main lobby, the outdoor patio. No live entertainment is proposed. 4. A Type 47 Department of Alcoholic Beverage Control (ABC) License is to be obtained. The applicant must abide by ABC regulations and license restrictions. Finn * Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized and mitigated. Facts in Support of Finding 4 The on -site sale and consumption of alcohol will not create any new impacts that would not be normally associated with the operation of a hotel. 2. The proposed hours of operation and alcohol sales are limited from 5:00 p.m. to 11:00 p.m., seven days a week. The applicant must comply with ESMC §§ 7 -2- 1, et seq. regarding noise and vibration. 3. The approved Hampton Inn & Suites proposes 72 parking spaces. Since the restaurant and outdoor dining uses are accessory to the operations of the hotel and serve primarily hotel guests, no additional parking spaces are required. 4. In addition to complying with the requirements of the City of El Segundo and the State of California Department of Alcoholic Beverage Control the restaurant is subject to County Health Department regulations that address and monitor impacts of fumes and odors. F nding 5 • The State Department of Alcoholic Beverage Control has issued or will issue a license to sell alcohol to the applicant. Facts in Support of Finding 5 4 105 The applicant must obtain a license from the State of California Department of Alcoholic Beverage Control for on -site sale and consumption of alcohol for restaurants (Type 47). DIRECTOR OF PLANNING AND BUILDING SAFETY DEPARTMENT ACTION Based on these findings and facts in support of these findings, the Director of Planning and Building Safety Department APPROVES the proposed project, subject to the following conditions: The hours of operation to sell alcohol for on -site sale and consumption is limited to 5:00 p.m. to 11:00 p.m. daily. Any change to the hours of operation or the hours that alcohol may be served is subject to review and approval by the Director of Planning and Building Safety. 2. Any subsequent modification to the project as approved must be referred to the Director of Planning and Building Safety for approval and a determination regarding the need for Planning Commission review of the proposed modification. 3. Any subsequent changes to the floor plan and areas where alcohol will be served and consumed must be reviewed and approved to the satisfaction of the Director of Planning and Building Safety Department. 4. The applicant must obtain and maintain all licenses required by the Alcoholic Beverage Control Act (Business & Professions Code §§ 23310 et seq.). The applicant must obtain and maintain either a Type 41 or Type 47 license. 5. The restaurant operations must comply with ESMC §§ 7 -2 -1, et seq. regulating to noise and vibration. 6. The Planning and Building Safety Department and the Police Department must be notified of any change of ownership of the approved use in writing within 10 days of the completion of the change of ownership. A change in project ownership may be cause to schedule a hearing before the Planning Commission regarding the status of the administrative use permit. 7. The applicant must comply with all regulations of the Alcoholic Beverage Control Act and the regulations promulgated by the Alcoholic Beverage Control Board including, without limitation, the regulations set forth in 4 Cal. Code of Regs. §§ 55, et seq. 8. There must be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of specific alcoholic beverage products. Interior displays of alcoholic beverages which are clearly visible to the exterior constitute a violation of this condition. 5 106 9. All employees serving alcoholic beverages to patrons must enroll in and complete a certified training program approved by the State Department of Alcoholic Beverage Control (ABC) for the responsible sales of alcohol. The training must be offered to new employees on not less than a quarterly basis, 10. Any and all employees hired to sell alcoholic beverages must provide evidence that they have either: a. Completed training from the State of California Department of Alcoholic Beverage Control (ABC), Lakewood District Office administered Leadership and Education in Alcohol and Drugs (LEAD) Program in the form of an ABC - issued certificate; or, b. Completed an accepted equivalent by the ABC, Lakewood District Office to ensure proper distribution of beer, wine and distilled spirits to adults of legal age. If any prospective employee designated to sell alcoholic beverages does not currently have such training, then; c. The ABC - licensed proprietors must have confirmed with the Planning and Building Safety Department within fifteen (15) days of the Director's decision, or by final project approval, that a date certain has been scheduled within the local ABC Office to complete the LEAD course. d. Within thirty (30) days of taking said course, the employees, or responsible employer must deliver each required certificate showing completion to the Police Department. 11. The licensee must have readily identifiable personnel to monitor and control the behavior of customers inside the building premises. Staff must monitor activity outside in the parking lot and any adjacent property under the establishment's control to ensure the areas are generally free of people. 12. If complaints are received regarding excessive noise, parking availability, lighting, building access, and the like associated with the sale of beer and wine, the city may, in its discretion, take action to review the Administrative Use Permit, including without limitation, adding conditions or revoking the permit. 13. The building must not be occupied by more persons than allowed by the California Building Code, as adopted by the ESMC. 14. The building and any outdoor seating must comply with California Building and Fire Code requirements, as adopted by the ESMC. 15, The Applicant agrees to. indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Environmental Assessment No. 1153 or Administrative Use Permit AUP No. 16 -04. Should the City be 6 107 named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of EA- 1153 or AUP 16 -04, the Applicant agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees. By signing this document, Michael Haslett certifies that he has read, understood, and agrees to the Project Conditions listed in this document. Michael Haslett, Applicant PLANNING COMMISSION This determination is scheduled to be received and filed by the Planning Commission at its July 28, 2016 meeting. Please be advised that this does not conclude the review process. The City Council will determine whether or not to protest the approval of the alcohol permit at its meeting at as of yet undetermined date. Should you have any questions, please contact Russell Toler, Contract Planner, at (310) 524 -2371. Building Safety P: \Planning & Building Safety \0 Planning - Old \PROJECTS (Planning)\1 151-1175\EA-1 153 AUP 16 -04 Approval Letter 7 I EL SEGUNDO PLANNING COMMISSION MEETING DATE: August 11, 2016 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Director of Planning and Building Safety Decisions for Administrative Use Permit. RECOMMENDED PLANNING COMMISSION ACTION: 1. Receive and File the Director's approval of Environmental Assessment No. EA -1153 and Administrative Use Permit No. AUP 16 -04; 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Environmental Assessment No. EA -1153 and Administrative Use Permit No. AUP 16 -04 Approval Letter 2. Plans ORIGINATED BY: Russell Toler, Contract Planning Technician REVIEWED BY: Gregg McClain, Planning Manager APPROVED BY: Sam Lee, Director of Planning and Building Safe I. INTRODUCTION The Director of Planning and Building Safety issued the following decisions: 1. Approved - Environmental Assessment No. EA -1153 and Administrative Use Permit No. AUP 16 -04. An Administrative Use Permit to allow the on -site sale and consumption of alcohol at the Hampton Inn & Suites hotel. Address: 888 North Sepulveda Boulevard Applicant: Michael Haslett, OTO Development Property Owner: El Segundo Hotels, LLC The proposed location of the project is within the Hampton Inn & Suites (currently under construction) as a part of the 888 North Sepulveda Specific Plan, which was approved in 2015. A lobby -area bar with alcohol service and outdoor dining is proposed as an accessory use to the hotel. The proposed bar is located on the 1st floor, adjacent to the breakfast area. The bar itself is 118 square feet and has 6 barstools and an ADA service counter. The proposal is to sell beer, wine and spirits from the bar to guests sitting at the bar, dining area, lobby, and the patio, which is on the west side of the hotel adjacent to Sepulveda Boulevard. WE The patio area will have seating for up to 26 guests. It is also anticipated that guests would take alcoholic beverages to their guestrooms for consumption. The proposed hours of alcohol service are 5pm to I Ipm, seven days a week. Food will be served during hours of alcohol service. The applicant plans to apply for a Type 47 (On sale General — Eating Place) Alcohol Beverage Control (ABC) license. II. RECOMMENDATION Pursuant to ESMC § 15 -22 -6, staff recommend that the Planning Commission receive and file the Director's determination. In the alternative, any Planning Commissioner may request that this item be discussed and a decision on the application be made by the Planning Commission instead of received and filed. PAPlanning & Building Safety\0 Planning - Old\PROJECTS (Planning)\1 151-1175\EA-1 153\Staff Report 2 110 EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: September 6, 2016 AGENDA HEADING: Consent Agenda Consideration and possible action regarding a request for a new on -site sale and consumption of alcohol (Type 41 ABC License) for a new restaurant (Ocean Market Grill No. 2) under construction at a new commercial center (Elevon at El Segundo) located at 735 N. Douglas Street, EA No. 1156, AUP No. 16 -05, CUP No. 16 -03. Applicant: Efthemios Tsiboukas. (Fiscal Impact: N /A) RECOMMENDED COUNCIL ACTION: 1. Receive and file this report for the issuance of an alcohol license for the on -site sale of beer and wine for on -site consumption at a new restaurant at 735 N. Douglas; and/or 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Crime and Arrest Statistics by Reporting Districts (RD) 2. Crime and Arrest Statistical Report Map for 735 N. Douglas 3. Police Reporting Districts Map 4. Administrative Use Permit Approval Letter, dated July 7, 2016 5. Planning Commission Staff Report, Resolution, and Conditions, dated July 14, 2016 FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Gregg McClain, Planning Manager REVIEWED BY: Sam Lee, Planning and Building Safety Director APPROVED BY: Greg Carpenter, City Manager 4 BACKGROUND AND DISCUSSION: I. Background On July 7, 2016, the Director of Planning and Building Safety approved an Administrative Use Permit application (EA -1156, AUP 16 -05) for 735 N. Douglas Street, with conditions of approval, which allows the sale of beer and wine at the proposed new restaurant Ocean Market Grill No. 2. The Director's decision was forwarded to the Planning Commission on July 14, 2016, and the Planning Commission Received and Filed the Director's decision. In 1995, the City Council directed staff to bring all future Department of ABC licenses to it for review. Based upon previous Council direction, staff is providing background information 15 regarding this application. 111 II. Analysis The application for a license, if approved by the Department of ABC, would allow the sale of beer and wine for on -site consumption in conjunction with the operations of a 2,310 square -foot restaurant, which will include a 697 square —foot outdoor dining area. The proposed new restaurant (Ocean Market Grill No. 2) will contain 726 square feet of indoor dining area. The total dining area, including the 697 square -foot outdoor patio, will be 1,423 square feet. The outdoor patio will be approximately 50% of the total eating area. The proposed hours for alcohol sales will be the same as the hours the restaurant is open, which is from 11:00 a.m. to 9:00 p.m., Monday through Thursday and 11:00 a.m. to 10:00 p.m. Friday through Sunday. According to the most recent Crime and Arrest statistics report prepared by the Police Department, the proposed restaurant is located in Reporting District (RD) 307. Based on the January — June 2016 data reported by the Police Department, the district had a total of 27 Part I & II crimes and 4 felony /misdemeanor arrests. This rate is 25% lower than the City's average. The Police Department and the Planning and Building Safety Department do not object to the issuance of the Type 41 ABC License for the new restaurant. The project site is located in the Corporate Campus Specific Plan (CCSP) zone within the recently completed Elevon Project. Restaurants are permitted uses in the Elevon Project and in accordance with CCSP § V(A). The proposed use (on -site sale and consumption of beer and wine at a restaurant), required the approval of an Administrative Use Permit in accordance with CCSP § V(C)(1). In addition, CCSP § V(D)(3) required a conditional use permit for outdoor dining when the outdoor dining area exceeds 20% of the total dining area. As noted above, such permits were approved, with conditions, by the Director of Planning and Building Safety and the Planning Commission, respectively. ABC license review requires mandatory findings that are regulated by ABC. The City's AUP process is separate. ABC is responsible for running a complete background check on all alcohol license applicants, as well as conducting site inspections, before issuing any type of alcohol license. III. Environmental Review The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). The project is a request for an alcohol license for a new restaurant, in an already- approved building. The project is not anticipated to have any significant impacts with regard to traffic, noise, air quality or water quality. IV. Conclusion Staff recommends that the Council receive and file this report without objecting to the issuance of a new Type 41 ABC license for the on -site sale of beer and wine for on -site consumption at a new restaurant at 735 N. Douglas Street, or alternatively discuss and take another action related to this item. 112 PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \1151- 1175 \EA - 1156 \City Council \EA -1156 AUP 16 -05 CUP 16 -03 CC Staff Report 113 Fl. SF,CUND0 PO1 KT: DF1',kR'I NlFN'1' REPORTED PERIOD: JANUARY- JUNE, 2016 PART I & II CRIMES AND ARRESTS BY REPORTING DISTRICT RD _ REPORTING DISTRICT PART I &II CRIMES FELONY /MISD ARRESTS TOTAL AVERAGE BY RD PERCENTAGE +1- 101 30 13 43 +115% 102 23 15 38 +90% 103 10 6 16 -20% 104 24 14 38 +90% 105 12 6 18 -10% 106 3 2 5 -90% 107_ - --49-- - 19 68 +240% 108 11 7 18 -10% 109 8 4 12 -40% 110 5 0 5 -90% 111 16 10 26 +30% 112 43 16 59 +195% 113 14 7 21 +5% 114 0 0 0 0 115 10 7 17 -15% 116 3 1 4 -80% 201 11 7 18 -10% 202 15 8 23 +15% 203 13 8 21 +5% 204 2 2 4 -80% 205 13 8 21 +5% 206 15 6 21 +5% 207 28 13 41 +105 % 208 14 5 19 -5% 209 21 9 30 +50% 210 18 12 30 +50 % 211 13 6 19 -5 % 212 8 4 12 -40% 213 11 7 18 -10% 301 9 5 14 -30% 302 5 2 7 -65% 303 6 3 9 -55% 304 2 0 2 -90% 305 3 1 4 -80% 306 10 6 16 -20% 307 11 4 15 -25% 308 28 15 43 +115% 309 9 2 11 -45% 310 7 3 10 -50% 311 8 2 10 -50% 312 6 0 6 -70% 313 1 0 1 -95% 314 1 1 2 -90% 315 5 1 6 -70% 316 5 4 9 -55% 317 4 2 6 -70% 318 56 26 82 +310% 319 40 18 58 +190% 320 8 3 11 -45% 321 _ 6 3 9 -55% 322 3 2 5 -75% 323 5 3 8 -60% TOTALS 1 681 328 1 1 009 _ Number of Reporting Districts = 52 Average # of Part I & II Crimes per Reporting District = 13 Average # of Felony /Misdemeanor Part I & II Crime Arrests per Reporting District = 6 Average # of Crimes and Arrests per Reporting District = 20 Results from 01/01/2016 through 06/30/2016 High Crime Area per B &P Code Section 23958.4 = >20% RECORDS /EJ PAGE I 8/23/2016 114 CATEGORY: UNIFORM CRIME REPORTING PART I & II CRIMES, INCLUDING ALCOHOL RELATED INCIDENTS LOCATION: 735 N DOUGLAS STREET REPORTED PERIOD: 01/01/2016-07/31/2016 N �. W E o s 6 -- ATWQPD * "' A } Y t p` MAPLE AVE MAPLE. AWE. 1735 N DC N N {x� d 2 MARIPOSA AVE 6 Y W 7 O a ki CITY OF EL SEGUNDO EL SEGUNDO POLICE DEPARTMENT CRIME STATISTICAL REPORT LOCATION: 735 N DOUGLAS ST REPORTED PERIOD: 01/01/2016 - 07/31/2016 CATEGORY: PART I & II CRIMES INCLUDING ALCOHOL RELATED 0 NO CRIME REPORTED 0 SELECTED LOCATION DATA SOURCE: RMS *NOTE: NO CRIME REPORTED FOR LOCATION -- 735 N DOUGLAS STREET NO ALCOHOL RELATED CRIMES REPORTED FOR THIS REPORTED PERIOD REPORT No LOCATION DATE TIME OFFENSE DESCRIPTION RD OFFICER 00000 LOR Page I I 8/4/2016 RECORDS /EJ 115 Ab cl ,n a w N 1 �xr>m 1 a r 1 w All A ST j ° i ..4ju S m ST n n VALLEYS A m i LO IST w a ST n g - MAN. TA ST O 1 K WTWG ST .° e O ti [VIRGINIA v ST o VI INIA ST $� 0 X4.1 rrM p CONCORD ST � om coUCO) ll co .1 © s Ori Pl m All Y�l RICH ST N MAIN ST m m m m CEOA1 _ b0 dls \� i s fcvc STAN 6 ST Co �'�cR f PEPPER N ST i, m E47C14YP US DR m ° p O �� D = ARENA r z 0 HELD S , ST ° O SHELDON " M 0 m z ➢ N mPENN O K„ ST PENN 'IT O r O SIERRA ST .N � SIERRA ST ' •. MC C.4�p�T: m LOMITA ST LOMITA �.i CT I $ i O '� a ^.1 z WYLAI 0 ST x MARYLAND ST m a � (BUNGALOW DR L CENTER ST CENTER m ST ! >w LAURELAVE 0) NEVADA s ° ST° m 4 < ° n n a• z PACIFICA \'EE Nom °os Ke ST .00 m m p N CALIF N. CALI rORNIA ST N) ST { o a F Im C O O KANSAS Y��" ST om 3. r { ° D z O m r D ILLINOIS m n IYAWNGTOM m ST ST g ILLINOIS ' =q� n _ Af _ o °- a� INDIANA ST C7 D 1NDIANA CT ,0 n s A m 210 1,m SEPULVEDA wo m �0° ? S BLVD ::• W ,a N SEPULVEDA BLVD v m ,,, f N x n M m W O O 4 SELBY ST " W D C N s. y j O OO m Z D ;4 �, j LAIRPORT ns ST D c0 0 W z 9 �� O o WG3I1W CONTINENTAL BLVD A � n m � O O •NASH ST c 'ii W NASH L e�Ra6ReEU LIRE e ^' m std APMO ST m p o m ; CAMPUS v m I W DULEY J yp 6YJdkYYN y SO WEST Fililty�ty'j W m ' CONTINENTAL WAY �? �. W W ua s OR h1. N PORALCIR N O CAMPUS REDONDO j�DQUGIAS ST A4 N DOUGLAS w,l s�EAST w� ST m AVE � N .� � .+. rr ... i 1.. w 4 W m HORNET ji WAY v AVIATION 0. BLVD 1 W ti N O H. Jr 901 2 < I n n e z ei r "I fi uii Z 3 0 aam z O m O rn ...■r ,: ISIS AVE r m O N ii Elected Officials: Suzanne Fuentes, Mayor Drew Boyles, Mayor Pro Tem Michael Dugan, Council Member Carol Pirsztuk, Council Member Dr. Don Brann, Council Member Tracy Weaver, City Clerk Crlsta Binder, City Treasurer Appointed Officials: Greg Carpenter, City Manager Mark D. Hensley, Clty Attorney Department Directors: Joseph Lillio, Finance Chris Donovan, Fire Chief Martha Dijkstra, Human Resources Debra Brighton, Library Services Sam Lee, Planning & Building Safety Mitch Tevera, Police Chief Stephanie Katsou leas, Public Works Meredith Petit, Recreation & Parks WW W W.elsa _Qtrndo.o� leity, 19/" (�O/ evelyawli(k Planning & Building Safety Department July 7,. 2016 Efthemios Tsiboukas 733 North Douglas Street El Segundo, CA 90245 RE: Request for sale of beer and wine for on -site consumption (Type 41 ABC License) at a proposed 2,310 gross square foot restaurant with 697 square feet of outdoor patio space located at the Elevon Project in the Corporate Campus Specific Plan (CCSP) Zone. Address: 735 North Douglas Street. Dear Mr. Tsiboukas: In accordance with the Corporate Campus Specific Plan, the Planning Division has reviewed your application for the above - referenced project and the Director of Planning and Building Safety has APPROVED Environmental Assessment No. EA -1156 and Administrative Use Permit No. 16 -05 for the on -site general sale and consumption of beer and wine (Type 41 license) at a restaurant at 735 N. Douglas Street. The following are the findings and facts in support of each finding for this decision. FINDINGS AND FACTS IN SUPPORT OF FINDINGS: Environmental Assessment No. EA -1156 Finding 1 The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). 350 Main Street, El Segundo, California 90245 -3813 117 Phone (310) 524 -2380 FAX (310). 322 -4167 Facts in Support of Finding 1 The applicant proposes to serve alcohol within a proposed restaurant located at 735 North Douglas Street. The subject property is developed as a vacant commercial building that was approved as part of the Elevon Project. The Elevon Project is part of a larger Corporate Campus Specific Plan that allowed the construction of a commercial office complex including several commercial offices, retail uses, and restaurants. The project involves negligible expansion of use, because the restaurant use was previously- approved as part of the approval of the Elevon Project and is a permitted use under the Corporate Campus Species Plan. There is adequate access and all public services and facilities are available. The site is in an area that is not environmentally sensitive. Therefore, the project is not anticipated to have any significant impacts with regard to traffic, noise, air quality, or water quality. Administrative Use Permit 16 -06 Finding 'I There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located. Facts in Support of Finding 1 The applicant proposes to provide on -site sale and consumption of beer and wine inside the restaurant and outdoor dining areas. 2. Alcohol will be served and consumed in the following locations: a. Indoor Dining 726 square feet b. Outdoor Dining 697 square feet 3. The area is situated in a commercial office complex that includes offices, retail uses and restaurants. There are no residential uses in the immediate vicinity. 4. There is sufficient parking as part of the Elevon Project approvals. Since the restaurant is a permitted use to the Elevon Project no additional parking spaces are required for the request. 5. The General Plan Land Use designation for the site is Corporate Campus Specific Plan. The zoning for the site is Corporate Campus Specific Plan. On -site sale and consumption of alcohol is permitted in the Zone with the approval of an Administrative Use Permit. 6. The Corporate Campus Specific Plan permits and the surrounding land uses include: restaurant, commercial retail, and medical office. Given the commercial 2 118 nature of the surrounding uses, and the absence of any residential uses in the immediate vicinity of the proposed restaurant, the proposed on -site sale and consumption of alcohol will be compatible with the surrounding uses. Finding, 2 The proposed use is consistent and compatible with the purpose of the Zone in which the site is located. Facts in Support of Finding 2 The General Plan Land Use designation for the site is Corporate Campus Specific Plan. 2. The zoning for the site is Corporate Campus Specific Plan. The proposed use of on -site sale and consumption of alcohol requires an Administrative Use Permit in accordance with the Corporate Campus Specific Plan. 3. The Corporate Campus Specific Plan identifies two specific goals: Facilitate Economic Development and Promote Compatible Uses. The proposed use and its proposed operations are consistent with the goals since it expands quality retail service facilities in proximity to major employment centers. In addition, the proposed use is economically viable and environmentally safe, and provides a stable tax base. 4. The proposed use is consistent with General Plan Land Use Element Goa[ LU4 in that it provides a stable tax base for the City through development of new commercial uses, primarily within a mixed -use environment. 5_ The proposed use is consistent with General Plan Land Use Element Objective LU4 -4 in that it adds to the mixture of uses, which has the potential to maximize economic benefit, reduce traffic impacts, and encourage pedestrian environment. 6. The proposed use is consistent with General Plan Land Use Element Objective LU4 -1 in that it promotes the development of high quality retail facilities in proximity to major employment centers. Therefore, for all of the foregoing reasons, the use is consistent and compatible with the purpose of the Corporate Campus Specific Plan. Finding 3 The proposed location and use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 119 Facts in Support of Finding 3 1. The on -site consumption of alcohol will be located both inside the proposed restaurant and in the outside patio area and will be constructed in accordance with all applicable codes and regulations. The project proposes minimal stfuctural change to the exterior of the building, and no changes to the building envelope, parking or landscaping. Sufficient parking will be provided on -site in compliance with ESMC Chapter 15 -15. 2. The surrounding land uses include commercial retail, restaurant, and office uses. The proposed sale of alcohol and the restaurant is a permitted use within the Corporate Campus Specific Plan. 3. The proposed hours of operation to serve alcohol is between 11:00 a.m. to 9:00 p.m. Monday through Thursday and 11 a.m. to 10 p.m. Friday through Sunday. Beer and wine will be served within the restaurant and outdoor patio. No live entertainment is proposed. The use is also subject to certain conditions outlined in this approval letter. 4. Because the location of the proposed restaurant is wholly surrounded by commercial uses (and no residential uses) and the proposed on -site sale and consumption of alcohol will be contained at the restaurant and will not extend into the late -night hours, the proposed location and use, as conditioned, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Finding 4 Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized and mitigated. Facts in Support of Finding 4 The on -site sale and consumption of alcohol will not create any new impacts that would not be normally associated with the operation of a restaurant. 2. The proposed hours of operation and alcohol sales are limited from 11:00 a.m. to 9:00 p.m. Monday through Thursday and 11:00 a.m. to 10 :00 p.m. Friday through Sunday. The project site is completely insulated from residentially zoned properties, being over 1,800 feet away from the nearest, and on the opposite side of the Northrup Gruman plant. Further, Condition No. 6 of this letter mandates that operations comply with ESMC §§ 7 -2 -1, et seq. regulating noise and vibration. No live music, entertainment, or dancing has been proposed. M 120 3. The Elevon Project provides 735 parking spaces onsite and 100 spaces offsite. This parking is shared among all parcels within the Elevon Project. The subject Parcels No. 21 and 22 contain 104 parking spaces. The mix of uses on Parcels No. 21 and 22 require 100 parking spaces, which is less than the 104 provided. Therefore, there is adequate parking for the proposed use. In addition, the Elevon project is a mixed use office and retail project, with office uses within walking distance of the subject restaurant. Therefore, parking and traffic related impacts from the proposed use will be minimal. 4. The Conditions of Approval require that any modifications to the project as approved are subject to review and approval by the Director of Planning and Building Safety. 5. In addition to complying with the requirements of the City of El Segundo and the State of California Department of Alcoholic Beverage Control the restaurant is subject to County Health Department regulations that address and monitor impacts relating to fumes and odors. Finding 5 The State Department of Alcoholic Beverage Control has issued or will issue a license to sell alcohol (Type 41) to the applicant. Facts in Support of Finding 5 The applicant must obtain a license from the State of California Department of Alcoholic Beverage Control for on -site sale and consumption of beer and mine for restaurants (Type 41). DIRECTOR OF PLANNING AND BUILDING SAFETY DEPARTMENT ACTION Based on these findings and facts in support of these findings, the Director of Planning and Building Safety Department APPROVES the proposed project, subject to the following conditions: The hours of operation to sell alcohol for on -site sale and consumption is limited to 11:00 a.m. to 9:00 p.m. Monday through Thursday and 11:00 a.m.to 10:00 p.m. Friday through Sunday. Any change to the hours of operation or the hours that alcohol may be served is subject to review and approval by the Director of Planning and Building Safety. 2. Any subsequent modification to the project as approved must be referred to the Director of Planning and Building Safety for approval and a determination regarding the need for Planning Commission review of the proposed modification. 121 3. Any subsequent changes to the floor plan and areas where alcohol will be served and consumed must be reviewed and approved to the satisfaction of the Director of Planning and Building Safety Department. The serving of alcohol will be allowed in the 726 square -foot indoor dining area and in the 697 square -foot outdoordining area. 4. The applicant must obtain and maintain all licenses required by the Alcoholic Beverage Control Act (Business & Professions Code §§ 23310 et seq.). 5. The restaurant operations must comply with ESMC §§ 7 -2 -1, et seq. regulating noise and vibration. 6. The Planning and Building Safety Department and the Police Department must be notified of any change of ownership of the approved use in writing within 10 days of the completion of the change of ownership. A change in project ownership may be cause to schedule a hearing before the Planning Commission regarding the status of the administrative use permit. 7. The applicant must comply with all regulations of the Alcoholic Beverage Control Act and the regulations promulgated by the Alcoholic Beverage Control Board including, without limitation, the regulations set forth in 4 Cal. Code of Regs. §§ 55, et seq. 8. There must be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of specific alcoholic beverage products. Interior displays of alcoholic beverages which are clearly visible to the exterior constitute a violation of this condition. 9. All employees serving alcoholic beverages to patrons must enroll in and complete a certified training program approved by the State Department of Alcoholic Beverages Control (ABC) for the responsible sales of alcohol. The training must be offered to new employees on not less than a quarterly basis. 10. Any and all employees hired to sell alcoholic beverages must provide evidence that they have either: a. Completed training from the State of California Department of Alcoholic Beverage Control (ABC), Lakewood District Office administered Leadership and Education in Alcohol and Drugs (LEAD) Program in the form of an ABC - issued certificate; or, b. Completed an accepted equivalent by the ABC, Lakewood District Office to ensure proper distribution of beer, wine and distilled spirits to adults of legal age. If any prospective employee designated to sell alcoholic beverages does not currently have such training, then; G 122 c. The ABC - licensed proprietors must have confirmed with the Planning and Building Safety Department within fifteen (15) days of the Director's decision, or by final project approval, that a date certain has been scheduled within the local ABC Office to complete the LEAD course. d. Within thirty (30) days of taking said course, the employees, or responsible employer must deliver each required certificate showing completion to the Police Department. 11. The licensee must have readily identifiable personnel to monitor and control the behavior of customers inside the building premises. Staff must monitor activity outside in the parking lot and any adjacent property under the establishment's control to ensure the areas are generally free of people. 12. If complaints are received regarding excessive noise, parking availability, lighting, building access, and the like associated with the sale of beer and wine, the City may, in its discretion, take action to review the Administrative Use Permit, including without limitation, adding conditions or revoking the permit. 13. The building must not be occupied by more persons than allowed by the California Building Code, as adopted by the ESMC. 14. The building and any outdoor seating must comply with California Building and Fire Code requirements, as adopted by the ESMC. 15. The Applicant agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Environmental Assessment No. 1156 or Administrative Use Permit AUP No. 16 -05. 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. 1156 or Administrative Use Permit AUP No. 16 -05, the Applicant agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees. 16. Efthemios Tsiboukas (Applicant) and CDC MAR Campus, LLC (Property Owner) must acknowledge receipt and acceptance of the project conditions by executing the acknowledgement below. FA 123 By signing this document, Efthemios Tsiboukas (Applicant) and CDC MAR Campus, LLC (Property Owner) certify that they have read, understood, and agree to the Project Conditions listed in this document. Efthemios Tsiboukas, Applicant CDC MAR CAMPUS LLC, a California limited liability company By: CDC Campus El Segundo LLC, a California limited liability company Its: Managing Member By: Continental Development Corporation, a California corporation Its: Member Richard C. Lundquist, President Leonard E. Blakesley, Jr., Executive Vice President and Secretary PLANNING COMMISSION I CITY COUNCIL REVIEW This determination is scheduled to be received and filed by the Planning Commission at its July 14, 2016 meeting. Please be advised that this does not conclude the review process. The City Council will determine whether or not to protest the approval of the alcohol permit at its meeting at an as of yet undetermined date. Should you have any questions, please contact Russell Toler, Contract Planner, at (310) 524 -2371. S Sam erector ,dnidnt of Planning and Building Safety PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \1151- 1175 \EA - 1156 \EA -1156 CUP 16 -03 AUP 16- 05App.roval Letter 1:3 124 EL SEGUNDO PLANNING COMMISSION AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: July 14, 2016 AGENDA HEADING: New Business Consideration and possible action regarding approval of Environmental Assessment No. EA- 1156, Conditional Use Permit No. CUP 16 -03, and Administrative Use Permit No. AUP 16 -05 for the sale of beer and wine and on -site consumption and for an outdoor dining area in conjunction with a new restaurant (the "Project ") within an existing building at the Elevon Project located at 735 North Douglas Street in the Corporate Campus Specific Plan (CCSP) Zone. (Applicant: Efthemios Tsiboukas). RECOMMENDED PLANNING COMMISSION ACTION: It is recommended that the Planning Commission: 1. Receive and File the Director's determination approving Administrative Use Permit No. AUP 16 -05; 2. Open the public hearing, receive testimony, close the public hearing, consider the evidence, and then adopt Resolution No. 2797 approving Environmental Assessment No. EA -1156 and Conditional Use Permit No. CUP 16 -03. ATTACHED SUPPORTING DOCUMENTS: 1. Draft Planning Commission Resolution No. 2797 A. Conditions of Approval 2. Plans 3. Administrative Use Permit approval letter dated July 7, 2016 ORIGINATED BY: Russell Toler, Contract Planning Te�huic an REVIEWED BY: Paul Samaras, Principal Planner REVIEWED BY: Gregg McClain, Planning Manager APPROVED BY: Sam Lee, Director of Planning and Building Safety~ I. INTRODUCTION The proposed project is a request for a Conditional Use Permit to allow outdoor dining and an Administrative Use Permit to allow alcohol service at a new restaurant. The subject restaurant will be located at 735 North Douglas Street in the Corporate Campus Specific Plan (the "Property "). II. BACKGROUND AND DISCUSSION Background 1 125 The Property is located within the Elevon Project and bounded by Maple Avenue on the north, Campus Square West on the west, Douglas Street on the east, and Campus Drive on the south. The Property is surrounded by other commercial office, retail /restaurant, and Light Industrial uses. The surrounding land uses are summarized in the following table: SURROUNDING LAND USES Direction Land Use Zone North Commercial /Retail Corporate Campus Specific Plan (CCSP) East Manufacturing Urban Mixed Use North (MU -N) South Office Corporate Campus Specific Plan (CCSP) West Office Corporate Campus Specific Plan (CCSP) Discussion The proposed restaurant, Ocean Market Grill No. 2, will be located in the retail portion of the Elevon project within a recently - completed, vacant building. The Elevon Project consists of 17 buildings and 22 lots containing a mix of office, retail, and commercial uses. The subject building is approximately 7,963 square feet and is located on lot No. 21. Lot No. 21 is 38,890 square feet in area and is improved with 65.78 parking spaces. The subject restaurant will be located in the northern portion of the building and will be 2,310 square feet including interior dining and non - dining /service areas. The outdoor dining areas (697 square feet total) are proposed at the north and west sides of the restaurant facing the pedestrian corridors. The outdoor patio areas are further defined with metal cable type fence securing the dining area with access from the restaurant only. An emergency access gate will be installed in the outdoor patio with access to the pedestrian corridor. Beer and wine service is proposed in the interior dining area, and outdoor patio areas. The proposed hours for restaurant and alcohol service are 11 a.m. through 9 p.m. Monday through Thursday and 11 a.m. through 10 p.m. Friday through Sunday. The Applicant plans to apply for a Type 41 (On -sale Beer and Wine — Eating Place) Alcohol Beverage Control (ABC) license. The Type 41 ABC License allows for the service of beer and wine in conjunction with a bona fide eating place. A condition of approval is proposed that the applicant obtain an ABC license prior to opening the restaurant and the alcohol service as provided for under the Type 41 on -sale requirements. 2 126 III. ANALYSIS Zoning consistency The following table contains the development standards for the Corporate Campus Specific Plan. * The subject restaurant is part of a larger development where parkin; is shared across lots. Can and Off -Site Parkin The approved Elevon Project has 735 parking spaces. Easements and reciprocal parking agreements are maintained throughout the Elevon Site. In addition, the project has secured and provided 100 additional off -site parking spaces at the northeast corner of Maple and Campus Square West to be used by the businesses operators at Elevon. The parking breakdown is as follows: 3 127 Corporate Campus Specific Plan Proposed Restaurant on -site sale and consumption of alcohol and outdoor Permitted Restaurants AUP for alcohol, CUP for outdoor dining Uses when exceeding 20% of dining area. Corporate Campus Specific Plan §V. C and D o dining (49% of total dining area) Complies Lot Area Minimum 10,000 square feet 38,890 square feet. Corporate Campus Specific Plan §V.F2 Complies Maximum 175 feet Maximum 26' -0" for the existing Height Corporate Campus Specific Plan §V.F3 building. Complies. 15 feet from adjacent public right -of -ways, and private Front (Douglas Street): 130 feet; streets; Side (south): 15 feet; Setbacks 5 feet for all other interior setbacks. Side (north): 15 feet; Corporate Campus Specific Plan §V.F.4 Rear: 5 feet. Complies Five percent (5 %) of the at -grade total vehicular use No new vehicular use area is proposed. Landscaping area must be landscaped. No new landscaping is required. Co orate Campus Specific Plan §V.F.13 Complies The retail /restaurant parking at Elevon Proposed use is a full service restaurant. is provided on Lot Nos. 21 and 22. Dining areas - 1 space per 75 square feet: 1,223 square Combined, these two Lots provide a feet (less first 200 sq. ft. of patio) of dining area total of 104 parking spaces. The other Parking requires 16.31 parking spaces. tentants in these lots require a Non - dining areas - 1 space per 250 square feet: 1,584 combined total of 73.75 spaces. The square feet of non - dining area requires 6.34 parking subject business will require 26.64 spaces. Twenty three (23) parking spaces required. spaces, bringing the total number of Corporate Campus Specific Plan §V.F.10 required spaces to 99.99. Complies* * The subject restaurant is part of a larger development where parkin; is shared across lots. Can and Off -Site Parkin The approved Elevon Project has 735 parking spaces. Easements and reciprocal parking agreements are maintained throughout the Elevon Site. In addition, the project has secured and provided 100 additional off -site parking spaces at the northeast corner of Maple and Campus Square West to be used by the businesses operators at Elevon. The parking breakdown is as follows: 3 127 Elevon Project Parking Use Square feet Requirement by Use Parking Required 180,768 gsf Office 1St 25,000 lspace /300 83 2nd 25,000 lspace /350 71 130,768 1 space /400 326.92 Medical 28,750 gsf 1 space /200 143.75 Required parking for 624.67 Office /medical Provided parking for Office/Medical 631 Retail 4,701 nsf 1 space /300 15.69 Restaurant Dining 5,014 nsf 1 space /75 66.85 Restaurant Non dining 4,368 nsf 1 space /250 17.47 - Required parking for 100 Retail/Restaurant Provided parking for 104 Retail /Restaurant Total on -site parking 725 required Total on -site parking provided 735 Total additional (off- site) parking provided 100 The office /medical uses are located in Building Nos. 1 through 15 and the retail and restaurant uses located in building Nos. 16 and 17 and will park in lot Nos. 21 and 22 which face Douglas Street and will be shared by retail /restaurant patrons. Since the restaurant and outdoor dining are permitted uses contemplated within the Elevon Project, spaces are provided based on the overall mix of uses. No additional parking spaces are required for the current request. 4 128 General Plan Consistency The General Plan Land Use Designation of the Project is Corporate Campus Specific Plan. The proposed project is consistent with the Goals and Policies of the General Plan as specified in the attached Approval Letter and Resolution. Administrative Use Permit The project includes a request to serve alcohol in conjunction with a new restaurant, which requires approval an Administrative Use Permit (AUP). The Director of Planning and Building Safety may grant an Administrative Use Permit upon making the findings in ESMC §15-22-5. The Director has made the necessary findings to grant the requested Administrative Use Permit subject to the conditions of approval in the attached approval letter dated July 7, 2016. Pursuant to ESMC § 15 -22 -6, staff recommend that the Planning Commission receive and file the Director's determination. Conditional Use Permit The project includes a request to have an outdoor patio, which exceeds 20% of the dining area and requires approval of a Conditional Use Permit. Pursuant to El Segundo Municipal Code §15-23-4, the Planning Commission is authorized to grant a conditional use permit if it makes the three required findings listed in ESMC §15-23-6. The required findings state that: 1) the proposed location of the conditional use permit is in accord with the objectives of the Title and the purposes of the zone in which the Property is located; 2) the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and 3) the proposed conditional use will comply with each of the applicable provisions of this Chapter. Facts in support of said findings are outlined in the attached resolution of approval. Staff believes that there is adequate evidence to support the three required Conditional Use Permit findings subject to the listed conditions of approval in the attached resolution. The Planning Commission may consider and impose additional conditions which it deems necessary, if it demonstrates a reasonable relationship between the condition it desires to impose and the project's impact. IV. INTER - DEPARTMENTAL COMMENTS Comments from other departments were incorporated into Resolution No. 2797. V. ENVIRONMENTAL REVIEW The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). The project includes the approval of permits to allow the sale of alcohol at a new restaurant and for outdoor 129 dining. Minor tenant improvements are proposed for the proposed restaurant and outdoor dining patio. The project is not anticipated to have any significant impacts with regard to traffic, noise, air quality, or water quality. Moreover, the project is proposed to be built within an existing approved building and exterior work will be limited to any signs and the outdoor dining area proposed for the restaurant. The project involves a negligible expansion of use because the restaurant was previously - approved as part of the approval of the Elevon Project and is a permitted use under the Corporate Campus Specific Plan. There are adequate utilities and public services to serve the project. VI. RECOMMENDATION Planning staff recommends that the Planning Commission Receive and File the Director's determination approving Administrative Use Permit No. AUP 16 -05 and adopt Resolution No. 2797 approving Environmental Assessment No. EA -1156 and Conditional Use Permit CUP No. 16 -03. PAPlanning & Building Safety \0 Planning - Old\PROJECTS (Planning)\1 151-1175\EA-1 156\EA-1 156 CUP 16 -03 AUP 16 -05 Staff Report 6 130 RESOLUTION NO. 2797 A RESOLUTION APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -1156 AND CONDITIONAL USE PERMIT CUP NO. 16-03 TO ALLOW A 697 SQUARE -FOOT OUTDOOR DINING AREA IN CONJUNCTION WITH A RESTAURANT AT 735 NORTH DOUGLAS STREET. The Planning Commission of the City of El Segundo does resolve as follows: SECTION 1: The Commission finds and declares that: A. On May 5, 2016, Efthemios Tsiboukas filed an application for Environmental Assessment No. EA -1156 and Conditional Use Permit No. 16 -03 to allow the operation of a new 697 square -foot outdoor dining area for a proposed restaurant located at 735 North Douglas Street; B. The application was reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC "); 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. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before this Commission for July 14, 2016; E. On July 14, 2016, the Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Commission by Efthemios Tsiboukas; and F. The Commission considered the information provided by City staff, public testimony, and Efthemios Tsiboukas. This Resolution, and its findings, are made, in part, based upon the evidence presented to the Commission at its July 14, 2016 public hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department. SECTION 2: Factual Findings and Conclusions. The Commission finds that the following facts exist: A. The subject site is located in the Corporate Campus Specific Plan ( "CCSP ") at 735 Douglas Street on Lot No 21. The lot is 38,890 square feet and the 131 restaurant is approximately 2,310 square feet. The restaurant will occupy the northern portion of existing 7,963 square -foot building. B. The subject site is bounded on the south by Campus Drive, on the west by Campus Square West, on the north by Maple Avenue, and on the east by Douglas Street. C. The subject site is located within the Elevon Project Lot No. 21 and currently is developed with a recently completed 7,963 square -foot building, which is approved for restaurant use. The subject site is part of the much larger Corporate Campus Specific Plan area, a 46.5 -acre mixed -use commercial complex. D. The subject site and the Elevon Project requires 725 parking spaces and the project provides 735 parking spaces onsite (which includes parking for restaurant uses) and 100 additional parking spaces offsite. Since the restaurant and outdoor dining is a permitted use contemplated and approved under the Elevon Project, no additional parking is required. E. A Conditional Use Permit is required for outdoor dining areas that exceed 20% of the total dining area of the restaurant, pursuant to CCSP §V (D)(3). F. The proposed outdoor dining area is approximately 697 square feet. SECTION 3: Environmental Assessment. The adoption of this Resolution is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). The adoption of this Resolution approves of a Conditional Use Permit for outdoor dining. The proposed project is not anticipated to have any significant impacts with regard to traffic, noise, air quality, or water quality. The project involves a negligible expansion of use because the restaurant was previously- approved as part of the approval of the Elevon Project and is a permitted use under the CCSP. The outdoor dining area will be built on a site of not more than five acres surrounded by urban uses. Further, the site has no value as habitat for endangered, rare, or threatened species. There are adequate utilities and public services to serve the project. SECTION 4: General Plan Findings. The proposed project conforms to the City's General Plan as follows: A. The El Segundo General Plan land use designation for the property is Corporate Campus Specific Plan. This designation permits a mixture of office, research and development, retail, restaurants and hotel uses. Outdoor dining areas in conjunction with a restaurant that exceed 20% of the total dining area are permitted in the Corporate Campus Specific Plan with approval of a Conditional Use Permit. B. The Corporate Campus Specific Plan identifies two specific goals: Facilitate Economic Development and Promote Compatible Uses. The proposed use is 2 132 consistent with these goals since it expands quality retail service facilities in proximity to major employment centers, it is economically viable, environmentally safe, it provides a stable tax base and it minimizes negative impacts in the City. C. The proposed use is consistent with Land Use Element Goal LU4 in that it provides a stable tax base for the City through development of new commercial uses, primarily within a mixed -use environment, without adversely affecting the viability of Downtown. D. The proposed use is consistent with Land Use Element Objective LU4 -1 in that it promotes the development of high quality retail facilities in proximity to major employment centers. E. The proposed use is consistent with Land Use Element Objective LU4 -4 in that it adds to the mixture of uses, which has the potential to maximize economic benefit, reduce traffic impacts, and encourage pedestrian environment. F. The surrounding land uses include: commercial retail, restaurant, and office uses. The proposed on -site sale and consumption of alcohol will be compatible with the surrounding uses. SECTION 5: Conditional Use Permit Findings. After considering the above facts, the Commission finds as follows: A. The proposed location of the conditional use is in accord with the objectives of the Zoning Code and the purposes of the zone in which the site is located. The zoning designation for the subject site is Corporate Campus Specific Plan. This zone allows outdoor dining areas which exceed 200 square feet or 20% of the indoor dining area, whichever is less, subject to the granting of a conditional use permit pursuant to CCSP §V.0 and D. The size of the outdoor dining area is appropriate to its location as it will be part of the restaurant. The permitted uses in the zone are a mixture of commercial, office, research and development, retail, restaurant and hotel uses. The subject building is currently vacant but is approved for a restaurant. Businesses located within this Specific Plan are encouraged to provide street level uses which allow for, and facilitate, pedestrian activity for area workers and visitors. The outdoor dining area in support of the existing restaurant is in accord with the principal objectives of the zone. B. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The proposed location of the conditional use is adjacent to the proposed 3 133 restaurant. The outdoor patio is located on the north and west side of the restaurant facing the pedestrian corridor of the Elevon Project. No particular use is adjacent or near the proposed outdoor dining area that could be impacted by the operation of the outdoor dining area. The area is surrounded by a mix of commercial offices, a soccer field, and other potential restaurants. Outdoor dining activities are not anticipated to be detrimental to adjacent businesses and no residential uses are located in the vicinity. The use is also subject to certain conditions in the attached Exhibit A. Accordingly, given the commercial nature of the surrounding uses, and the absence of any residential uses located in the vicinity, the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. C. That the proposed conditional use will comply with each of the applicable provisions of this Chapter. The proposed conditional use complies with the applicable provisions of ESMC Chapters 15 -23 and 15 -27 since proper notice was provided and proper hearing was conducted on July 14, 2016. In addition, proper hearing decision and records will be complied with, and the required findings will be considered. The proposed project meets all of the current ESMC and CCSP requirements. SECTION 6: Approval. Subject to the conditions listed on the attached Exhibit "A," which are incorporated into this Resolution by reference, the Planning Commission approves Environmental Assessment No. EA -1156 and Conditional Use Permit No. 16 -03. SECTION 7: This Resolution will remain effective unless superseded by a subsequent resolution. SECTION 8: The Commission Secretary is directed to mail a copy of this Resolution to Efthemios Tsiboukas and to any other person requesting a copy. SECTION 9: This Resolution may be appealed within ten (10) calendar days after its adoption. All appeals must be in writing and filed with the City Clerk within this time period. Failure to file a timely written appeal will constitute a waiver of any right of appeal. 4 134 SECTION 10: Except as provided in Section 9, this Resolution is the Commission's final decision and will become effective immediately upon adoption. PASSED, APPROVED AND ADOPTED this 14th day of July, 2016. ATTEST: Sam Lee, Secretary APPROVED AS TO FORM: Mark D. Hensley, City Attorney Ryan Baldino, Chair City of El Segundo Planning Commission David King, Assistant City Attorney Baldino Newman Nicol Nisley Wingate 5 135 PLANNING COMMISSION RESOLUTION NO. 2797 Exhibit A CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC"), CDC MAR Campus, LLC agrees to comply with the following provisions as conditions forthe City of El Segundo's approval of Environmental Assessment No. EA -1156 and Conditional Use Permit No. 16 -05 ( "Project Conditions "): Zoning Conditions This approval is for the project as shown on the plans reviewed and approved by the Planning Commission and on file. Before the City issues a building permit, the applicant must submit plans, showing that the project substantially complies with the plans and conditions of approval on file with the Planning and Building Safety Department. Any subsequent modification must be referred to the Planning and Building Safety Director for a determination regarding the need for Planning Commission review and approval of the proposed modification. 2. The outdoor dining area will be limited to 697 square feet immediately adjacent to the restaurant and must comply with all requirements of ESMC § 15 -2 -16. 3. The approval of the conditional use permit is expressly conditioned on the restaurant's alcohol sales operating from 11:00 a.m. to 9:00 p.m. Monday through Thursday and 11:00 a.m. to 10:00 p.m. Friday through Sunday. Any change to the hours of operation or the hours that alcohol may be served is subject to review and approval by the Director of Planning and Building Safety. 4. No live entertainment is permitted. Only pre- recorded background music may be provided; such background music must not exceed the noise and vibration requirements of ESMC § 7 -2 -1. 5. Pursuant to ESMC §15- 23- 11(13)(1), this conditional use permit expires 24 months after its approval if the use does not commence or construction does not commence under a valid building permit. The City is not responsible for informing the applicant regarding a pending CUP expiration. Building Safety_ Conditions 6. Before the City issues building permits, the applicant must obtain Los Angeles County Health Department approval. 7. Before the City issues building permits the applicant must comply with all access, ingress and egress, and walkway widths pursuant to a report completed by a Certified Access Specialist (CASp) as determined by the City Building Official. 6 136 Fire Department Conditions 8. The applicant must comply with applicable California Fire Code requirements and El Segundo Fire Department regulations. Public Works Department Conditions 9. The project must comply with the latest NPDES requirements and must provide Best Management Practices (BMP's) for sediment control, construction material control and erosion control. Miscellaneous Conditions 10. Efthemios Tsiboukas and CDC MAR Campus, LLC agree 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 -1156 or Conditional Use Permit CUP No. 16 -03. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of Environmental Assessment No. EA -1156 or Conditional Use Permit No. 16 -03, the Applicant and Property Owner agree 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, Efthemios Tsiboukas (Applicant) and CDC MAR Campus LLC (Property Owner) certify that they have read, understood, and agree to the Project Conditions listed in this document. Efthemios Tsiboukas, Applicant CDC MAR CAMPUS LLC, a California limited liability company By: CDC Campus El Segundo LLC, a California limited liability company Its: Managing Member By: Continental Development Corporation, a California corporation Its: Member Richard C. Lundquist, President Leonard E. Blakesley, Jr., Executive Vice President and Secretary 7 137 {If Corporation or similar entity, needs two officer signatures or evidence that one signature binds the company} 138 EL SEGUNDO CITY COUNCIL MEETING DATE: September 6, 2016 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding a request for a new on -site sale and consumption of alcohol (Type 41 ABC License) for a new restaurant (Lisa's Bon Appetit) under construction at a new commercial center (Elevon at El Segundo) located at 747 N. Douglas Street, EA No. 1159, CUP No. 16 -04, AUP No. 16 -07. Applicant: Susanne Alexander. (Fiscal Impact: N /A) RECOMMENDED COUNCIL ACTION: 1. Receive and file this report without objecting to the issuance of an alcohol license for the on -site sale of beer and wine for on -site consumption at a new restaurant at 747 N. Douglas; and /or 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Crime and Arrest Statistics by Reporting Districts (RD) 2. Crime and Arrest Statistical Report Map for 747 N. Douglas 3. Police Reporting Districts Map 4. Administrative Use Permit Approval Letter, dated August 4, 2016 5. Planning Commission Staff Report, Resolution, and Conditions, dated August 11, 2016 FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Gregg McClain, Planning Manager 6441 REVIEWED BY: Sam Lee, Planning and Building Safety Director APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: I. Background On August 4, 2016, the Director of Planning and Building Safety approved an Administrative Use Permit application (EA -1159, CUP No. 16 -04, AUP No. 16 -07) for 747 N. Douglas Street, with conditions of approval, which allows the sale of beer and wine at the proposed new restaurant Lisa's Bon App6tit. The Director's decision was forwarded to the Planning Commission on August 11, 2016, and the Planning Commission Received and Filed the Director's decision. 16 139 In 1995, the City Council directed staff to bring all future Department of ABC licenses to it for review. Based upon previous Council direction, staff is providing background information regarding this application. II. Analysis The application for a license, if approved by the Department of ABC, would allow the sale of beer and wine for on -site consumption in conjunction with the operations of a 2,660 square -foot restaurant, which will include a 617 square —foot outdoor dining area. The proposed new restaurant will contain 1,152 square feet of indoor dining area. The proposed hours for alcohol sales will be the same as the hours the restaurant is open, which is from 8:00 a.m. to 9:00 p.m., Monday through Thursday and 8:00 a.m. to 10:00 p.m. Friday through Sunday. According to the most recent Crime and Arrest statistics report prepared by the Police Department, the proposed restaurant is located in Reporting District (RD) 307. Based on the January — June 2016 data reported by the Police Department, the district had a total of 27 Part I & II crimes and 4 felony /misdemenor arrests. This rate is 25% lower than the City's average. The Police Department and the Planning and Building Safety Department do not object to the issuance of the Type 41 ABC License for the new restaurant. The project site is located in the Corporate Campus Specific Plan (CCSP) zone within the recently completed Elevon Project. Restaurants are permitted uses in the Elevon Project and in accordance with CCSP § V(A). The proposed use (on -site sale and consumption of beer and wine at a restaurant), required the approval of an Administrative Use Permit in accordance with CCSP § V(C)(1). In addition, CCSP § V(D)(3) required a conditional use permit for outdoor dining when the outdoor dining area exceeds 20% of the total dining area. As noted above, such permits were approved, with conditions, by the Director of Planning and Building Safety and the Planning Commission, respectively. ABC license review requires mandatory findings that are regulated by ABC. The City's AUP process is separate. ABC is responsible for running a complete background check on all alcohol license applicants, as well as conducting site inspections, before issuing any type of alcohol license. III. Environmental Review The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). The project is a request for an alcohol license for a new restaurant, in an already- approved building. The project is not anticipated to have any significant impacts with regard to traffic, noise, air quality or water quality. IV. Conclusion Staff recommends that the Council receive and file this report without objecting to the issuance of a new Type 41 ABC license for the on -site sale of beer and wine for on -site consumption at a new restaurant at 747 N. Douglas Street, or alternatively discuss and take another action related to this item. R PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \l 151- 1175\EA- 1159 \CC\EA -1159 AUP 16 -07 CUP 16 -04 CC Staff Report 141 FI,SF,(,uNDO POLICLC DEPAWFNIFN'I'' REPORTED PERIOD: JANUARY— JUNE, 2016 PART I & II CRIMES AND ARRESTS BY REPORTING DISTRICT RD REPORTING DISTRICT PART I &II CRIMES FELONY /MISD ARRESTS TOTAL AVERAGE BY RD PERCENTAGE +/- 101 30 13 43 +115% 102 23 15 38 +90% 103 10 6 16 38 -20% 104 24 14 +90% 105 12 6 18 -10% 106 3 2 19 5 -90% 107 49 68 +240% 108 11 7 18 -10% 109 8 4 12 -40% 110 5 0 5 -90% 111 16 10 26 +30% 112 43 16 59 +195% 113 14 7 21 +5% 114 0 0 0 0 115 10 7 17 -15% 116 3 1 4 -80% 201 11 7 18 -10% 202 15 8 23 +15% 203 13 8 21 _ +5% 204 2 2 4 -80% 205 13 8 21 +5% 206 15 6 21 +5% 207 28 13 41 +105% 208 14 5 19 -5% 209 21 9 30 +50% 210 18 _ 12 30 _ +50% 211 13 6 19 -5% 212 8 4 12 -40% 213 11 7 18 -10% 301 9 _ 5 14 -30% 302 5 2 7 -65% 303 6 3 9 -55% 304 2 0 2 -90% 305 3 1 4 -80% 306 10 6 16 -20% 307 11 4 15 -25% 308 28 15 43 +115% 309 9 2 11 -45% 310 7 3 10 -50% 311 8 2 10 -50% 312 6 0 6 -70% 313 1 0 1 -95% 314 1 1 2 -90% 315 5 1 6 -70% 316 5 4 9 -55% 317 4 2 6 -70% 318 56 26 82 +310% 319 40 18 58 +190% 320 8 3 11 -45% 321 6 3 9 5 -55% 775% 322 3 2 3 328 323 5 8 -60% TOTALS 681 _ 1 009 Number of Reporting Districts = 52 Average # of Part I & II Crimes per Reporting District = 13 Average # of Felony /Misdemeanor Part I & II Crime Arrests per Reporting District = 6 Average # of Crimes and Arrests per Reporting District = 20 (Results from 01101/2016 through 06/30/2016) -High Crime Area per S &P Code Section 23958.4 = >20% RECORDS /EJ PAGEI 8/23/20IG 142 EL SEGUNDO POLICE DEPARTMENT CATEGORY: UNIFORM CRIME REPORTING PART I & II CRIMES, INCLUDING ALCOHOL RELATED INCIDENTS LOCATION: 747 N DOUGLAS STREET REPORTED PERIOD: 07/01/2015 — 07/31/2016 f -tpy LOCATION 1149'trdIAI. HWY t -1Ui +MFlj.[anI.. �IWY EL SEGUNDO POLICE DESCRIPTION RD OFFCR 16 -0462 DEPARTMENT D310612016 07:31:23 459PC 1"347(F)PC (BURGLARY 11DRUNKENNESS 1 =307 S 16- 1336 E E D613012016 CRIME STATISTICAL REPORT o ul �. . Vl O � S nr o LOCATION: 747 N DOUGLAS ST r 747 N DOUGLAS ST REPORTED PERIOD: l� 07/01/2015 - 07/31 /2016 MAPLE AVE CATEGORY: PART I & II CRIMES a INCLUDING ALCOHOL RELATED 6 6 J 5 OR CAMPUS DR CAMQ N w NO CRIME REPORTED S MARIPOSA AVE MARIPOSA AVE 0 SELECTED LOCATION rlxrI�� d � W � J CITY OF EL SEGUNDO DATA SOURCE: RMS *NOTE: NO CRIME REPORTED AT 747 N DOUGLAS STREET INCIDENTS WITHIN 500 FT FROM LOCATION RPT No LOCATION DATE TIME OFFENSE DESCRIPTION RD OFFCR 16 -0462 1,500 BLK OF N DOUGLAS ST D310612016 07:31:23 459PC 1"347(F)PC (BURGLARY 11DRUNKENNESS 1 =307 30510 16- 1336 1.2100 BLK OF E MAPLE AV D613012016 01:15:12 E307 130511 Page 11 0/23/2010 RECORDS /Ed 143 a y �'' ►'" 0 i a HI L fi gLST im w a v' —..j "FuLLCRE3 m ST e p n n v z • VALLEYS ,p r LO VMTAJ m ST p A _ g w" C DPI A'IS R ST x r�s� rFL� s 1AYONNE S1 �A j j rfSyy WHITING Is �3 ,u � . `i sn• 'VIRGINIA ~ ST o e VIR �INIA ST ] 0 CONCORD $ ST c o m ca�cC o epe s RICHMOND ST JA N- MAIN -' ST y„ �,ree m m m m m CEOk $ '] 1 �a'dk - STAND Q ST cCNER PEPPER N ST $• EUCALYP LIS DR' m S-L —L j ° x P ARENA y i ST n 3� �I m A �, wo 41 SHEIA(NY ST o SHELDON X CYPfSS 3 ] ;,, 2 0 z0 9! p, 3 Z m n m n PENN we ST PENN a m ST n s SIERRA ST xe SIERRA ST ba eao MC. 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Hensley, Cify Attorney Department Directors: Joseph Lfllio, Finance Chris Donovan, Fire Chief Martha Dljkstra, Human Resources Debra Brighton, Library Services Sam Lee, Planning 8 Building Safety Mitch Tavera, Police Chief Stephanie Katsou leas, Public Works Meredith Petit, Recreation R Parks www.ersQ.yf,ao.aru Planning & Building August 4, 2016 Susanne Alexander 3511 Pacific Coast Highway Suite G Torrance, CA 90505 e�ez ft� Safety Department RE: Request for sale of beer and wine for on -site consumption (Type 41 ABC License) at a proposed 2,660 net square -foot restaurant with an additional 617 square feet of outdoor patio space located at the Elevon Project in the Corporate Campus Specific Plan (CCSP) Zone. Address: 747 North Douglas Street. Dear Ms. Alexander: In accordance with the Corporate Campus Specific Plan, the Planning Division has reviewed your application for the above - referenced project and the Director of Planning and Building Safety has APPROVED Environmental Assessment No. EA -1159 and Administrative Use Permit No. 16 -07 for the on -site general sale and consumption of beer and wine (Type 41 license) at a restaurant at 747 N. Douglas Street. The fallowing are the findings and facts in support of each finding for this decision: FINDINGS AND FACTS IN SUPPORT OF FINDINGS: Environmental Assessment No. EA -1159 Finding _1 The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). 350 Main Street, El Segundo, Califomia 90245 -3813 145 Phone (310) 524 -2380 FAX (310) 322 -4167 Facts in Support of Finding 1 The applicant proposes to serve alcohol within a proposed restaurant located at 747 North Douglas Street. The subject property is developed as a vacant commercial building that was approved as part of the Elevon Project. The Elevon Project is part of a larger Corporate Campus Specific Plan that allowed the construction of a commercial office complex including several commercial offices, retail . uses, and restaurants. The project involves negligible expansion of use, because the restaurant use was previously approved as part of the Elevon Project and is a permitted use under the Corporate Campus Specific Plan. The project proposes interior improvements, minimal structural change to the exterior of the building, and no changes to the building envelope, parking or landscaping. There is adequate access and all public services and facilities are available. The site is in an area that is not environmentally sensitive. Therefore, the project is not anticipated to have any significant impacts with regard to traffic, noise, air quality, or water quality. Administrative Use Permit 16 -07 Finding 1 • There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located. Facts in Support of Finding 1 The applicant proposes to provide on -site sale and consumption of beer and wine inside the restaurant and outdoor dining area. 2. Alcohol will be served and consumed in the following locations: a. Indoor Dining 1,152 square feet b. Outdoor Dining 617 square feet 3. The area is situated in a commercial office complex that includes offices, retail uses and restaurants. There are no residential uses in the immediate vicinity. 4. There is sufficient parking as part of the Elevon Project approvals. The approved Elevon Project required 725 spaces and provided 735 parking spaces. Easements and reciprocal parking agreements are maintained throughout the Elevon Site. In addition, the project has secured and provided 100 additional off -site parking spaces at the northeast corner of Maple and Campus Square West to be used by the businesses operators at Elevon. 5. The General Plan Land Use designation for the site is Corporate Campus Specific Plan. The zoning for the site is Corporate Campus Specific Plan. On -site sale and 2 146 consumption of alcohol is permitted in the Zone with the approval of an Administrative Use Permit. 6. The Corporate Campus Specific Plan permits and the surrounding land uses include: restaurant, commercial retail, and medical office. Given the commercial nature of the surrounding uses, and the absence of any residential uses in the immediate vicinity of the proposed restaurant, the proposed on -site sale and consumption of alcohol will be compatible with the surrounding uses. Findingl 2 The proposed use is consistent and compatible with the purpose of the Zone in which the site is located. Facts in Support of Finding 2 The General Plan Land Use designation for the site is Corporate Campus Specific Plan. 2. The zoning for the site is Corporate Campus Specific Plan. The proposed use of on -site sale and consumption of alcohol requires an Administrative Use Permit in accordance with the Corporate Campus Specific Plan. 3. The Corporate Campus Specific Plan identifies two specific goals: Facilitate Economic Development and Promote Compatible Uses. The proposed use and its proposed operations are consistent with the goals since it expands quality retail service facilities in proximity to major employment centers. In addition, the proposed use is economically viable and environmentally safe, and provides a stable tax base. 4. The proposed use is consistent with General Plan Land Use Element Goal LU4 in that it provides a stable tax base for the City through development of new commercial uses, primarily within a mixed -use environment. 5. The proposed use is consistent with Land Use Element Objective LU44 in that it adds to the mixture of uses, which has the potential to maximize economic benefit, reduce traffic impacts, and encourage pedestrian environment. 6. The proposed use is consistent with Land Use Element Objective LU4 -1 in that it promotes the development of high quality retail facilities in proximity to major employment centers. Therefore, for all of the foregoing reasons, the use is consistent and compatible with the purpose of the Corporate Campus Specific Plan. 3 147 Finding 3 The proposed location and use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, Facts in Support of Finding 3 1. The on -site consumption of alcohol will be located both inside the proposed restaurant and in the patio and will be constructed in accordance with all applicable codes and regulations. The project proposes minimal structural change to the exterior of the building, and no changes to the building envelope, parking or landscaping. Sufficient parking will be provided on -site in compliance with SSMC Chapter 15 -15. 2. The surrounding land uses include commercial retail, restaurant, and office uses. The proposed sale of alcohol and the restaurant is a permitted use within the Corporate Campus Specific Plan. 3. The proposed hours of operation to serve alcohol is between 8:00 a.m. to 9:00 p.m. Monday through Thursday and 8 a.m. to 10 p.m. Friday, Saturday and Sunday. Beer and wine will be served within the restaurant and outdoor patio. No live entertainment is proposed. The use is also subject to certain conditions outlined in this approval letter. 4. Because the location of the proposed restaurant is wholly surrounded by commercial uses (and no residential uses) and the proposed on -site sale and consumption of alcohol will be contained at the restaurant and will not extend into the late -night hours, the proposed location and use, as conditioned, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Finding • Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized and mitigated. Facts in Support of Finding 4 The on -site sale and consumption of alcohol will not create any new impacts that would not be normally associated with the operation of a restaurant. 2. The proposed hours of operation and alcohol sales are limited from 8:00 a.m. to 9:00 p.m. Monday through Thursday and 8:00 a.m. to 10:00 p.m. Friday, Saturday and Sunday. The project site is completely insulated from residentially zoned 4 W. properties, being over 1,800 feet away from the nearest, and on the opposite side of the Northrup Grumman plant. Further, Condition No. 6 of this letter mandates that operations comply with ESMC §§ 7 -2 -1, et seq, regulating noise and vibration. No live music, entertainment, or dancing has been proposed. 3. The approved Elevon Project is providing 735 parking spaces. The subject Parcels No. 21 and 22 contain 104 parking spaces. The mix of uses on Parcels No. 21 and 22 require 100 parking spaces, which is less than the 104 provided, #hough parking is shared among all lots. Therefore, there is adequate parking for the proposed use. In addition, the Elevon project is a mixed use office and retail project, with office uses within walking distance of the subject restaurant. Therefore, parking and traffic related impacts from the proposed use will be minimal. 4. The Conditions of Approval require that any modifications to the project as approved are subject to review and approval by the Director of Planning and Building Safety. 5. In addition to complying with the requirements of the City of El Segundo and the State of California Department of ,Alcoholic Beverage Control the restaurant is subject to County Health Department regulations that address and monitor impacts relating to fumes and odors. Fndirtc 5 The State Department of Alcoholic Beverage Control has issued or will issue a license to sell alcohol (Type 41) to the applicant. Facts in Support of Finding 5 The applicant must obtain a license from the State of California Department of Alcoholic Beverage Control for on -site sale and consumption of beer and wine for restaurants (Type 41). DIRECTOR OF PLANNING AND BUILDING SAFETY DEPARTMENT ACTION Based on these findings and facts in support of these findings, the Director of Planning and Building Safety Department APPROVES the proposed project, subject to the following conditions: The hours of operation to sell alcohol for on -site sale and consumption is limited to 8 :00 a.m. to 9:00 p.m. Monday through Thursday and 8:00 a.m.to 10:00 p.m. on Friday, Saturday and Sunday. Any change to the hours of operation or the hours that alcohol may be served is subject to review and approval by the Director of Planning and Building Safety. 5 EEO 2. Any subsequent modification to the project as approved must be referred to the Director of Planning and Building Safety for approval and a determination regarding the need for Planning Commission review of the proposed modification. 3. Any subsequent changes to the floor plan and areas where alcohol will be served and consumed must be reviewed and approved to the satisfaction of the Director of Planning and Building Safety Department. The serving of alcohol will be allowed in the 1,152 square -foot indoor dining area and in the 617 square -foot outdoor dining area. 4. The applicant must obtain and maintain all licenses required by the Alcoholic Beverage Control Act (Business & Professions Code §§ 23310 et seq.). 5. The restaurant operations must comply with ESMC §§ 7 -2 -1, et seq. regulating noise and vibration. 6. The Planning and Building Safety Department and the Police Department must be notified of any change of ownership of the approved use in writing within 10 days of the completion of the change of ownership. A change in project ownership may be cause to schedule a hearing before the Planning Commission regarding the status of the administrative use permit. 7. The applicant must comply with all regulations of the Alcoholic Beverage Control Act and the regulations promulgated by the Alcoholic Beverage Control Board including, without limitation, the regulations set forth in 4 Cal. Code of Regs. §§ 55, et seq. 8. There must be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of specific alcoholic beverage products. Interior displays of alcoholic beverages which are clearly visible to the exterior constitute a violation of this condition. 9. All employees serving alcoholic beverages to patrons must enroll in and complete a certified training program approved by the State Department of Alcoholic Beverages Control (ABC) for the responsible sales of alcohol. The training must be offered to new employees on not less than a quarterly basis. 10. Any and all employees hired to sell alcoholic beverages must provide evidence that they have either: a. Completed training from the State of California Department of Alcoholic Beverage Control (ABC), Lakewood District Office administered Leadership and Education in Alcohol and Drugs (LEAD) Program in the form of an ABC - issued certificate; or, 2 150 b. Completed an accepted equivalent by the ABC, Lakewood District Office to ensure proper distribution of beer, wine and distilled spirits to adults of legal age. If any prospective employee designated to sell alcoholic beverages does not currently have such training, then; c. The ABC - licensed proprietors must have confirmed with the Planning and Building Safety Department within fifteen (15) days of the Director's decision, or by final project approval, that a date certain has been scheduled within the local ABC Office to complete the LEAD course. d. Within thirty (30) days of taking said course, the employees, or responsible employer must deliver each required certificate showing completion to the Police Department. 11. The licensee must have readily identifiable personnel to monitor and control the behavior of customers inside the building premises. Staff must monitor activity outside in the parking lot and any adjacent property under the establishment's control to ensure the areas are generally free of people. 12. If complaints are received regarding excessive noise, parking availability, lighting, building access, and the like associated with the sale of beer and wine, the City may, in its discretion, take action to review the Administrative Use Permit, including without limitation, adding conditions or revoking the permit. 13. The building must not be occupied by more persons than allowed by the California Building Code, as adopted by the ESMC. 14. The building and any outdoor seating must comply with California Building and Fire Code requirements, as adopted by the ESMC. 15. The Applicant and CDC MAR Campus, LLC, agree 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. 1159 or Administrative Use Permit AUP No. 16- 07. 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. 1159 or Administrative Use Permit AUP No. 16 -07, the Applicant agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees. 16. Susanne Alexander and CDC MAR Campus, LLC must acknowledge receipt and acceptance of the project conditions by executing the acknowledgement below. 7 151 By signing this document, Susanne Alexander and CDC MAR Campus, LLC certify that they have read, understood, and agree to the Project Conditions listed in this document. Susanne Alexander, Applicant CDC MAR CAMPUS LLC, a California limited liability company By: CDC Campus El Segundo LLC, a California limited liability company Its: Managing Member By: Continental Development Corporation, a California corporation Its: Member Richard C. Lundquist, President Leonard E. Blakesley, Jr., Executive Vice President and Secretary PLANNING COMMISSION 1 CITY COUNCIL REVIEW This determination is scheduled to be received and filed by the Planning Commission at its August 11, 2016 meeting. Please be advised that this does not conclude the review process. The City Council will determine whether or not to protest the approval of the alcohol permit at its meeting at an as of yet undetermined date. Should you have any questions, please contact Russell Toler, Contract Planner, at (310) 524 -2371. Sin nt of Planning and Building Safety PAPlanning & Building Safety\0 Planning - Old \PROJECTS (Planning) \1151- 1175 \EA - 1156 \EA -1159 CUP 16 -04AUP 16- 07Approval Letter 8 152 EL SEGUNDO PLANNING COMMISSION AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: August 11, 2016 AGENDA HEADING: New Business Consideration and possible action regarding approval of Environmental Assessment No. EA- 1159, Conditional Use Permit No. CUP 16 -04, and Administrative Use Permit No. AUP 16 -07 for the sale of beer and wine and on -site consumption and for an outdoor dining area in conjunction with a new restaurant, Lisa's Bon Appetit (the "Project ") within an existing building at the Elevon Project located at 747 North Douglas Street in the Corporate Campus Specific Plan (CCSP) Zone. (Applicant: Susanne Alexander). RECOMMENDED PLANNING COMMISSION ACTION: It is recommended that the Planning Commission: 1. Receive and File the Director's determination approving Administrative Use Permit No. AUP 16 -07; 2. Open the public hearing, receive testimony, close the public hearing, consider the evidence, and then adopt Resolution No. 2800 approving Environmental Assessment No. EA -1159 and Conditional Use Permit No. CUP 16 -04; 3. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Draft Planning Commission Resolution No. 2800 A. Conditions of Approval 2. Plans 3. Administrative Use Permit approval letter dated August 4, 2016 ORIGINATED BY: Russell Toler, Contract Planning TechnicianV�r REVIEWED BY: Gregg McClain, Planning Manager elvfl APPROVED BY: Sam Lee, Director of Planning and Building Safet I. INTRODUCTION The proposed project is a request for a Conditional Use Permit to allow outdoor dining and an Administrative Use Permit to allow alcohol service at a new restaurant. The subject restaurant will be located at 747 North Douglas Street in the Corporate Campus Specific Plan (the "Property "). 1 153 II. BACKGROUND AND DISCUSSION Background The Property is located within the Elevon Project and bounded by Maple Avenue on the north, Campus Square West on the west, Douglas Street on the east, and Campus Drive on the south. The Property is surrounded by other commercial office, retail /restaurant, and light industrial uses. The surrounding land uses are summarized in the following table: SURROUNDING LAND USES Direction Land Use Zone North Commercial /Retail Corporate Campus Specific Plan (CCSP) East Manufacturing Urban Mixed Use North (MU -N) Office Corporate Campus Specific Plan South (CCSP) Office Corporate Campus Specific Plan West (CCSP) Discussion The proposed restaurant, Lisa's Bon Appetit, will be located in the retail portion of the Elevon project within a recently- completed, vacant building. The Elevon Project consists of 17 buildings and 22 lots containing a mix of office, retail, and other commercial uses. The subject building (Building No. 16) is approximately 5,322 square feet and is located on Lot No. 22. Lot No. 22 is 27,676 square feet in area and is improved with 34parking spaces. The subject restaurant will be located in the western portion of the building and will be 2,660 net square feet of interior dining and non - dining /service areas, and 617 square feet of outdoor dining. The outdoor dining area is proposed at the southwest side of the restaurant facing a pedestrian corridor. The outdoor patio is further defined with metal cable type fence securing the dining area with primary access from the restaurant only. An emergency access gate will be installed in the outdoor patio with access to the pedestrian corridor. Beer and wine service is proposed in the interior dining area, and outdoor patio areas. The proposed hours for restaurant and alcohol service are 8 a.m. through 9 p.m. Monday through Thursday and 8 a.m. through 10 p.m. on Friday, Saturday and Sunday. The Applicant plans to apply for a Type 41 (On -sale Beer and Wine — Eating Place) Alcohol Beverage Control (ABC) license. The Type 41 ABC License allows for the service of beer and wine in conjunction with a bona fide eating place. A condition of approval is proposed that the applicant obtain an ABC license prior to opening the 2 154 restaurant and the alcohol service as provided for under the Type 41 on -sale requirements. III. ANALYSIS Zoning consistency The following table contains the development standards for the Corporate Campus Specific Plan. * I he subject restaurant is part of a larger development where parking is shared across lots. On and Off -Site Parkin The approved Elevon Project has 735 parking spaces. Easements and reciprocal parking agreements are maintained throughout the Elevon Site. In addition, the project has secured and provided 100 additional off -site parking spaces at the northeast corner of 3 155 Corporate Campus Specific Plan Proposed Permitted Restaurants AUP for alcohol CUP for outdoor dining Restaurant on -site sale and consumption of alcohol and outdoor Uses when exceeding 20 % of dining area. Corporate Campus Specific Plan §V. C and D dining (35% of total dining area) Complies Lot Area Minimum 10,000 square feet 27,676 square feet. Corporate Campus Specific Plan §V.F2 Complies Maximum 175 feet Maximum 26' -0" for the existing Height Corporate Campus Specific Plan §V.F3 building. Complies 15 feet from adjacent public right -of -ways, and private Front (Douglas Street): 130 feet; streets; Side (south): 15 feet; Setbacks 5 feet for all other interior setbacks. Side (north): 15 feet; Corporate Campus Specific Plan §V.F.4 Rear: 5 feet. Complies Five percent (5 %) of the at -grade total vehicular use No new vehicular use area is proposed. Landscaping area must be landscaped. No new landscaping is required. Corporate Campus Specific Plan §V.F.13 Complies The retail /restaurant parking at Elevon Proposed use is a full service restaurant. is provided on Lot Nos. 21 and 22. Dining areas - 1 space per 75 square feet: 1,569 square Combined, these two Lots provide a feet (less first 200 sq. ft. of patio) of dining area total of 104 parking spaces. The other Parking requires 20.92 parking spaces. tenants in these lots require a Non - dining areas - 1 space per 250 square feet: 1,584 combined total of 73.75 spaces. The square feet of non - dining area requires 6.03 parking subject business will require 26.64 spaces. Twenty -seven (27) parking spaces required. spaces, bringing the total number of Corporate Campus Specific Plan §V.F.10 required spaces to 99.99. Complies* * I he subject restaurant is part of a larger development where parking is shared across lots. On and Off -Site Parkin The approved Elevon Project has 735 parking spaces. Easements and reciprocal parking agreements are maintained throughout the Elevon Site. In addition, the project has secured and provided 100 additional off -site parking spaces at the northeast corner of 3 155 Maple and Campus Square West to be used by the businesses operators at Elevon. The parking breakdown is as follows: TIevan Project Parking Use Square Beet Requirement by Use Parking Required 180,768 gsf Office 1St 25,000 1space /300 83 2nd 25,000 lspace /350 71 130,768 1 space /400 326.92 Medical 28,750 gsf 1 space /200 143.75 Required parking for Office /medical 624.67 Provided parking for Office/Medical 631 Retail 4,701 nsf 1 space /300 15.69 Restaurant Dining 5,014 nsf 1 space /75 66.85 Restaurant Non - dining 4,368 nsf 1 space /250 17.47 Required parking for Retail/Restaurant 100 Provided parking for Retail/Restaurant 104 Total on -site parking required 725 Total on -site parking provided 735 Total additional (off- site) parking rovided 100 The office /medical uses are located in Building Nos. 1 through 15 and the retail and restaurant uses located in building Nos. 16 and 17 and will park in lot Nos. 21 and 22 which face Douglas Street and will be shared by retail /restaurant patrons. Since the restaurant and outdoor dining are permitted uses contemplated within the Elevon Project, spaces are provided based on the overall mix of uses. The overall parking requirement for 4 156 all uses at Elevon is 725 spaces, and 735 spaces are provided onsite. 100 more have been secured offsite. Therefore, the project meets the parking requirement. Genes -al Play Consistency The General Plan Land Use Designation of the Project is Corporate Campus Specific Plan. The proposed project is consistent with the Goals and Policies of the General Plan as specified in the attached Approval Letter and Resolution. Administrative Use Permit The project includes a request to serve alcohol in conjunction with a new restaurant, which requires approval of an Administrative Use Permit (AUP). The Director of Planning and Building Safety may grant an Administrative Use Permit upon making the findings in ESMC §15-22-5. The Director has made the necessary findings to grant the requested Administrative Use Permit subject to the conditions of approval in the attached approval letter dated August 4, 2016. Pursuant to ESMC § 15 -22 -6, staff recommend that the Planning Commission receive and file the Director's determination. In the alternative, any Planning Commissioner may request that this item be discussed and a decision on the application be made by the Planning Commission instead of received and filed. Conditional Use Permit The project includes a request to have an outdoor patio, which exceeds 20% of the dining area and requires approval of a Conditional Use Permit. Pursuant to El Segundo Municipal Code §15-23-4, the Planning Commission is authorized to grant a conditional use permit if it makes the three required findings listed in ESMC §15 -23 -6. The required findings state that: 1) the proposed location of the conditional use permit is in accord with the objectives of the Title and the purposes of the zone in which the Property is located; 2) the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and 3) the proposed conditional use will comply with each of the applicable provisions of this Chapter. Facts in support of said findings are outlined in the attached resolution of approval. Staff believes that there is adequate evidence to support the three required Conditional Use Permit findings subject to the listed conditions of approval in the attached resolution. The Planning Commission may consider and impose additional conditions which it deems necessary, if it demonstrates a reasonable relationship between the condition it desires to impose and the project's impact. TV. INTER - DEPARTMENTAL COMMENTS Project plans were circulated to other City departments, and their comments have been incorporated into Resolution No. 2800. 5 157 V. ENVIRONMENTAL REVIEW The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). The project includes the approval of permits to allow the sale of alcohol at a new restaurant and for outdoor dining. Minor tenant improvements are proposed for the proposed restaurant and outdoor dining patio. Moreover, the project is proposed to be built within an existing approved building and exterior work will be limited to any signs and the outdoor dining area proposed for the restaurant. The project involves a negligible expansion of use because the restaurant was previously approved as part of the Elevon Project and is a permitted use under the Corporate Campus Specific Plan. VI. RECOMMENDATION Planning staff recommends that the Planning Commission Receive and File the Director's determination approving Administrative Use Permit No. AUP 16 -07 and adopt Resolution No. 2800 approving Environmental Assessment No. EA -1159 and Conditional Use Permit CUP No. 16 -04. PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \1151- 1175 \EA - 1159 \EA -1159 CUP 16 -04 AUP 16 -07 Staff Report 6 158 RESOLUTION NO. 2800 A RESOLUTION APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -1159 AND CONDITIONAL USE PERMIT CUP NO. 16-04 TO ALLOW A 617 SQUARE -FOOT OUTDOOR DINING AREA IN CONJUNCTION WITH A RESTAURANT AT 747 NORTH DOUGLAS STREET. The Planning Commission of the City of El Segundo does resolve as follows: SECTION 1: The Commission finds and declares that: A. On June 16, 2016, Susanne Alexander filed an application for Environmental Assessment No. EA -1159 and Conditional Use Permit No. 16 -04 to allow the operation of a new 617 square -foot outdoor dining area for a proposed restaurant located at 747 North Douglas Street; B. The application was reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC "); 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. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before this Commission for August 11, 2016; E. On August 11, 2016, the Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Commission by Susanne Alexander; and F. The Commission considered the information provided by City staff, public testimony, and Susanne Alexander. This Resolution, and its findings, are made, in part, based upon the evidence presented to the Commission at its August 11, 2016 public hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department. SECTION 2: Factual Findings and Conclusions. The Commission finds that the following facts exist: A. The subject site is located in the Corporate Campus Specific Plan ( "CCSP ") at 747 Douglas Street on Lot No 22. The lot is 27,676 square feet and the 159 restaurant is approximately 2,660 net square feet. The restaurant will occupy the western portion of existing 5,322 gross square -foot building. B. The subject site is bounded on the south by Campus Drive, on the west by Campus Square West, on the north by E Maple Avenue, and on the east by N Douglas Street. C. The subject site is located within the Elevon Project Lot No. 22 and currently is developed with a recently completed 5,322 square -foot building, which is approved for restaurant use. The subject site is part of the much larger Corporate Campus Specific Plan area, a 46.5 -acre mixed -use commercial complex. D. The retail /restaurant parking at Elevon is provided on Lot Nos. 21 and 22. Combined, these two Lots provide a total of 104 parking spaces. The other tenants in these lots require a combined total of 73.75 spaces. The subject business will require 26.64 spaces, bringing the total number of required spaces to 99.99. Further, the overall parking requirement for all uses at Elevon is 725 spaces, and 735 spaces are provided onsite. 100 more have been secured offsite. E. A Conditional Use Permit is required for outdoor dining areas that exceed 20% of the total dining area of the restaurant, pursuant to CCSP §V (D)(3). F. The proposed outdoor dining area is approximately 617 square feet. SECTION 3: Environmental Assessment. The adoption of this Resolution is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). The adoption of this Resolution approves of a Conditional Use Permit for outdoor dining. The proposed project is not anticipated to have any significant impacts with regard to traffic, noise, air quality, or water quality. The project involves a negligible expansion of use because the restaurant was previously approved as part of the Elevon Project and is a permitted use under the CCSP. The outdoor dining area will be built on a site of not more than five acres surrounded by urban uses. Further, the site has no value as habitat for endangered, rare, or threatened species. There are adequate utilities and public services to serve the project. SECTION 4: General Plan Findings. The proposed project conforms to the City's General Plan as follows: A. The El Segundo General Plan land use designation for the property is Corporate Campus Specific Plan. This designation permits a mixture of office, research and development, retail, restaurants and hotel uses. Outdoor dining areas in conjunction with a restaurant that exceed 20% of the total dining area are permitted in the Corporate Campus Specific Plan with approval of a Conditional Use Permit. 2 160 B. The Corporate Campus Specific Plan identifies two specific goals: Facilitate Economic Development and Promote Compatible Uses. The proposed use is consistent with these goals since it expands quality retail service facilities in proximity to major employment centers, it is economically viable, environmentally safe, it provides a stable tax base and it minimizes negative impacts in the City. C. The proposed use is consistent with General Plan Land Use Element Goal LU4 in that it provides a stable tax base for the City through development of new commercial uses, primarily within a mixed -use environment, without adversely affecting the viability of Downtown. D. The proposed use is consistent with Land Use Element Objective LU4 -1 in that it promotes the development of high quality retail facilities in proximity to major employment centers. E. The proposed use is consistent with Land Use Element Objective LU4 -4 in that it adds to the mixture of uses, which has the potential to maximize economic benefit, reduce traffic impacts, and encourage pedestrian environment. F. The surrounding land uses include: commercial retail, restaurant, and office uses. The proposed on -site sale and consumption of alcohol will be compatible with the surrounding uses. SECTION 5: Conditional Use Permit Findings. After considering the above facts, the Commission finds as follows: A. The proposed location of the conditional use is in accord with the objectives of the Zoning Code and the purposes of the zone in which the site is located. The zoning designation for the subject site is Corporate Campus Specific Plan. This zone allows outdoor dining areas which exceed 200 square feet or 20% of the indoor dining area, whichever is less, subject to the granting of a conditional use permit pursuant to CCSP §V.0 and D. The size of the outdoor dining area is appropriate to its location as it will be part of the restaurant. The permitted uses in the zone are a mixture of commercial, office, research and development, retail, restaurant and hotel uses. The subject building is currently vacant but is approved for a restaurant. Businesses located within this Specific Plan are encouraged to provide street level uses which allow for, and facilitate, pedestrian activity for area workers and visitors. The outdoor dining area in support of the existing restaurant is in accord with the principal objectives of the zone. B. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3 161 The proposed location of the conditional use is adjacent to the proposed restaurant. The outdoor patio is located on the south and west side of the restaurant facing the pedestrian corridor of the Elevon Project. No particular use is adjacent or near the proposed outdoor dining area that could be impacted by the operation of the outdoor dining area. The area is surrounded by a mix of commercial offices, a soccer field, and other potential restaurants. Outdoor dining activities are not anticipated to be detrimental to adjacent businesses and no residential uses are located in the vicinity. The use is also subject to certain conditions in the attached Exhibit A. Accordingly, given the commercial nature of the surrounding uses, and the absence of any residential uses located in the vicinity, the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. C. That the proposed conditional use will comply with each of the applicable provisions of this Chapter. The proposed conditional use complies with the applicable provisions of ESMC Chapters 15 -23 and 15 -27 since proper notice was provided and proper hearing was conducted on August 11, 2016. In addition, proper hearing decision and records will be complied with, and the required findings will be considered. The proposed project meets all of the current ESMC and CCSP requirements. SECTION 6: Approval. Subject to the conditions listed on the attached Exhibit "A," which are incorporated into this Resolution by reference, the Planning Commission approves Environmental Assessment No. EA -1159 and Conditional Use Permit No. 16 -04. SECTION 7: This Resolution will remain effective unless superseded by a subsequent resolution. SECTION 8: The Commission Secretary is directed to mail a copy of this Resolution to Susanne Alexander and to any other person requesting a copy. SECTION 9: This Resolution may be appealed within ten (10) calendar days after its adoption. All appeals must be in writing and filed with the City Clerk within this time period. Failure to file a timely written appeal will constitute a waiver of any right of appeal. 4 162 SECTION 10: Except as provided in Section 9, this Resolution is the Commission's final decision and will become effective immediately upon adoption. PASSED, APPROVED AND ADOPTED this 11th day of August, 2016. ATTEST: Sam Lee, Secretary APPROVED AS TO FORM: Mark D. Hensley, City Attorney Ryan Baldino, Chair City of El Segundo Planning Commission David King, Assistant City Attorney Baldino Newman Nicol Nisley Wingate 5 163 PLANNING COMMISSION RESOLUTION NO. 2800 Exhibit A CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), Susanne Alexander agrees to comply with the following provisions as conditions forthe City of El Segundo's approval of Environmental Assessment No. EA -1159 and Conditional Use Permit No. 16 -04 ( "Project Conditions "): Zoning Conditions This approval is for the project as shown on the plans reviewed and approved by the Planning Commission and on file. Before the City issues a building permit, the applicant must submit plans, showing that the project substantially complies with the plans and conditions of approval on file with the Planning and Building Safety Department. Any subsequent modification must be referred to the Planning and Building Safety Director for a determination regarding the need for Planning Commission review and approval of the proposed modification. 2. The outdoor dining area will be limited to 617 square feet immediately adjacent to the restaurant and must comply with all requirements of ESMC § 15 -2 -16. 3. The approval of the conditional use permit is expressly conditioned on the restaurant's alcohol sales operating from 8:00 a.m. to 9:00 p.m. Monday through Thursday and 8:00 a.m. to 10:00 p.m. on Friday, Saturday and Sunday. Anychange to the hours of operation or the hours that alcohol may be served is subject to review and approval by the Director of Planning and Building Safety. 4. No live entertainment is permitted. Only pre- recorded background music may be provided; such background music must not exceed the noise and vibration requirements of ESMC § 7 -2 -1. 5. Pursuant to ESMC §15- 23- 11(13)(1), this conditional use permit expires 24 months after its approval if the use does not commence or construction does not commence under a valid building permit. The City is not responsible for informing the applicant regarding a pending CUP expiration. Building Safety Conditions 6. Before the City issues building permits, the applicant must obtain Los Angeles County Health Department approval. 7. Before the City issues building permits the applicant must comply with all applicable building codes. Fire Department Conditions 6 164 8. The applicant must comply with applicable California Fire Code requirements and El Segundo Fire Department regulations. Public Works Department Conditions 9. The project must comply with the latest NPDES requirements and must provide Best Management Practices (BMP's) for sediment control, construction material control and erosion control. Miscellaneous Conditions 10. Susanne Alexander and CDC Mar Campus, LLC, agree 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 -1159 or Conditional Use Permit CUP No. 16 -04. 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. EA -1156 or Conditional Use Permit No. 16 -04, the Applicant and CDC Mar Campus, LLC, 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. 7 165 By signing this document, Susanne Alexander and CDC Mar Campus LLC and their respective successors and assigns, certifies that they have read, understood, and agrees to the Project Conditions listed in this document. Susanne Alexander, Applicant CDC MAR CAMPUS LLC, a California limited liability company By: CDC Campus El Segundo LLC, a California limited liability company Its: Managing Member By: Continental Development Corporation, a California corporation Its: Member Richard C. Lundquist, President Leonard E. Blakesley, Jr., Executive Vice President and Secretary {If Corporation or similar entity, needs two officer signatures or evidence that one signature binds the company} 8 166 EL SEGUNDO CITY COUNCIL MEETING DATE: September 6, 2016 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to I) award a standard Public Works contract to Letner Roofing Company for the Fire Station 1 Roof Replacement Project, 2) reject all bids for the Police Department Roof Replacement Project and 3) adopt plans and specifications for the Police Department roof and authorize staff to advertise for the receipt of construction bids; No. PW 15 -18. (Fiscal Impact: $333,000.00) RECOMMENDED COUNCIL ACTION: Award a contract for $273,000.00 to Letner Roofing Company, in a form approved by the City Attorney, for replacement of the Fire Station 1 roof and authorize and additional contingency of $60,000.00. 2. Reject all bids for replacement of the Police Station roof. 3. Adopt plans and specifications for the replacement of the Police Department roof and authorize staff to advertise for the receipt of construction bids. 4. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Additional Funds Required Amount Budgeted: $200,000 for Police Building Roof Repairs $465,000 for Fire Station 1 Upgrades Additional Appropriation: No Account Number(s): 301 - 400 - 8201 -8708 (Police Department) 301 - 400 - 8201 -8707 (Fire Department Upgrades) ORIGINATED BY: Cheryl Ebert, Senior Civil Engineer I,/ REVIEWED BY: Stephanie Katsouleas, Public Wo s irector A APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: On May 17, 2016, City Council adopted plans and specifications for the removal and replacement of the Police Department roof and Fire Station 1 roof and authorized staff to advertise for receipt of construction bids. Two bids were received by the City Clerk's office on June 14, 2016, and both were rejected on June 21, 2016 due to the higher than anticipated costs proposed. A summary of those bids are as follows: Bidder Polio, epartmcal Roof Fire Department Roof _ Best Contracting Services Inc. $570,275.00 $534,150.00 Chapman Coast Roof Co., Inc. $629,575.00 $388,882.00 167 Staff reached out to the bidding Contractors to better understand the basis for such high bids received. Using the information gleaned from the contractor's feedback, staff revised the specifications to eliminate interior protection of the buildings and it was rebid. New bids were received by the City Clerk's office on July 19, 2016 as follows: Bidder Police Department Roof Fire Department 1coof Letner Roofing Co. $533,000.00 $273,000.00 Best Contracting Services Inc. $523,610.00 $385,125.00 Chapman Coast Roof Co., Inc. $543,636.00 $415,152.00 ADCO Roofing, Inc. $646,124.00 $331,828.00 Pueblo Construction, Inc. $747,075.00 $517,472.00 The lowest bid received in July for Fire Station 1 was significantly lower than the bid received in June ($115,882 less). However, all of the bids received for the Police Department were still higher than anticipated. This is mostly due the type of roofing system being proposed, which has additional insulation, multiple layers, unique tapering to match slope and drain elevations, and a gravel top. The existing "thicker" roof system is also more expensive to remove. And lastly, based on the Fire Station 1 quote, which is for a simple roof, it is evident that roof replacement costs are approximately 38% higher than they were just a few short years ago when the City Hall and Park Vista roofs were replaced. Please note that staff's approach has been to replace the existing roofs at both facilities in kind, rather than to recommend reductions or modifications to the existing compositions (e.g., layers, slopes and insulation). Please also note that staff proposed using Tremco product materials, which have been successfully used at other city facilities for many years. After receiving the second set of bids, staff reached out to another roofing vendor to determine whether a product other than Tremco, but still comparable in quality, would impact the bid prices. With the help of US Communities staff contacted and met with the Garland Company, Inc., another local roofing supplier, for guidance and input. Based on US Communities government, low -bid pricing, Garland estimated that the City could save up to $70,000.00 on the Police Department roof replacement project by using its product, purchasing directly, and bidding for the labor install only. However, no additional savings would likely be achieved for the Fire Station 1 roof. It is worth noting that the Police Department Roof Project and Fire Station 1 Roof Project were bid together, as Base Bid A and Base Bid B, in an effort to work with a single contractor to achieve greater financial savings and staff efficiencies given the substantial similarity of the two projects. However, the bids results have shown that those goals were not achievable given current market conditions. Therefore, staff recommends the following: 1. Award a standard Public Works contract to Letner Roofing Co. for $273,000.00, in a form approved by the City Attorney, to complete the Fire Station 1 Roof Replacement Project. 2. Authorize an additional contingency of $60,000.00 for unforeseen conditions. 3. Reject all bids for the Police Department Roof Replacement Project. 4. Adopt revised plans and specifications and authorize staff to advertise for the receipt of construction bids for the Police Department Roof Replacement Project. .: EL SEGUNDO CITY COUNCIL MEETING DATE: September 6, 2016 AGENDA STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action to adopt a resolution declaring that the El Segundo City Council opposes the Los Angeles County Metropolitan Transporation Authority's proposed transportation ballot measure (Measure M) to be voted on this November by Los Angeles County voters. (Fiscal Impact: None ) M.7 0103 10 1040 1 1 411111 4I r XN_Y_ 91.0 1. Adopt a resolution in opposition to the Los Angeles County Metropolitan Transporation Authority's proposed transportation ballot measure (Measure M) to be voted on this November by Los Angeles County voters. 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: Metro Fact Sheet Draft Resolution FISCAL IMPACT: None Amount Budgeted: $0 Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Stephanie Katsouleas, Public Works Director REVIEWED BY: APPROVED BY: Greg Carpenter, City Manager" BACKGROUND AND DISCUSSION: On June 23, 2016 the Board of Directors of the Los Angeles County Metropolitan Transportation Authority (Metro) voted, 11 to 2, to place a sales tax increase proposal on the November, 216 ballot. This tax measure (Measure M) would generate approximately $120 billion over 40 years and has two primary components: 1) Extend the current 1/2 ¢ Measure R sale tax, due to expire in 2039, indefinitely. The tax could only be ended by a vote of the people following a petition signed by at least 10% of the Los Angeles County population (more than one million signature would be required on the petition). 2) Add another 1/2 ¢ sale tax (Measure M) for additional local and regional transportation projects. There would be no sunset for this additional measure, and a vote to end the tax would also have to be approved by voters as in #1 above. On its website, Metro states that the proposed measure would: i • Build new rail lines and highway improvement projects 1 • Enhance bus and rail service 169 • Fund local street, sidewalk and signal improvements • Keep fares affordable for seniors, students and the disabled • Maintain our growing, but aging, transportation system • Better connect bike and pedestrian paths to transit facilities The full expenditure plan is available on Metro's website at ������.�nctru.iZe�'thcr hii and a summary is attached to this staff report. Although additional funding for roadways, transportation and mobility improvements is desperately needed, staff recommends that City Council oppose the proposed measure in its current form, and instead recommend that Metro revise its language to be more equitable to smaller cities as outlined below. The Proposed Ballot Language In 2015, Metro undertook a "bottoms up" approach to better understand the transportation infrastructure needs of each region in Los Angeles County. The South Bay cities actively participated in this data gathering process and put forward more than one billion dollars of new projects that would benefit the region by providing for additional traffic congestion relief, more alternative transportation infrastructure, highway and freeway improvements, roadway state of goods repair and local road maintenance. The South Bay also proposed and strongly advocated for: 1) a 25% local return — Metro ultimately proposed 17 %, and 2) a more equitable local return distribution formula than just population — Metro declined to make any allocation formula changes. Despite the intended bottoms up approach, the proposed ballot language and list of projects proposed suggests that little of the South Bay cities' suggestions were ultimately considered and incorporated. El Segundo staff raised a several key issues that are not unique to our city, and we proposed that the following modifications be made to the ballot language: 1. Revise the Current Location Return Allocation Formula The current Measure R program and proposed Measure M have an allocation formula that staff believes is not equitable to smaller cities that have low residential populations but which provide significant sales tax returns. For example, El Segundo currently generates nearly $1 million in Measure R sales tax, but only receives approximately $200,000 in Measure R Local Return annually because the allocation formula is based on residential population alone. This means that El Segundo is currently subsidizing an estimated $800,000 annually to the rest of the Los Angeles region. If the ballot measure passes as written, El Segundo will contribute an estimated $2 million of Measure R and M local return funds to the region in perpetuity, while only receiving $400,000 return (increasing over time based on CPI). As a comparison, the City of Los Angeles already receives approximately $5 million more each year in Local Return than it generates in sales tax. Under the proposed Measure M, that amount would double to an estimated $10 million. Please note that Proposition A and Proposition C also use the population -only allocation formula at a disadvantage to El Segundo. These two measures, already passed by voters, also have no sunset. For these reasons, El Segundo staff believe that the new measure should strive for a more equitable formula based on a combination of population, sales tax generation and road /lane miles within the city (referred to as the 1/3 approach). Although this proposed 170 allocation still will not generate El Segundo as much as it contributes, it is a step toward a more balanced funding formula. The 1/3 approach would provide El Segundo an estimated $500,000 annually for roadway repair under Measure M, which is more than double what the measure proposes in its current form. Please note, however, that Measure R's (population based) 15% Local Return formula remains the same through 2039. El Segundo also advocates for a revised Measure R formula if it is extended beyond 2039. 2. Revise the Local Return Rate from 17% to 25% The proposed Measure M ballot language proposes a local return allocation of 17 %, with an increase to 20% in 2039; the amount is well below the local return allocation rates provided in Proposition A (25 %) and Proposition C (20 %). Local return funds are essentially discretionary funds that cities can use to repair city roadways, subsidize local transit and use for a broad array of other eligible local transportation projects /programs; and these dollars are particularly valuable for repairing and reconstructing local roads, which are typically not eligible for local, state and federal grants. The cost of repairing local roads often exceeds the availability of general fund dollars needed to "keep up" with this aging infrastructure, and thus local return dollars help offset the general fund impact and cost. This is especially important as state and federal gas tax subvention funds are shrinking. Thus, cities are advocating for a larger return rate, ranging from 20% to 25 %. El Segundo would ideally like to see 25% of Measure M funds returned to cities for state of goods repair. In fact, Measure M language highlights the importance of maintaining roads, but it neglects to allocate sufficient funding for this goal. Regional Reaction to the Measure M Proposed Language On June 30, 2016, the South Bay Cities Council of Governments (SBCCOG) voted to oppose Measure M for the concerns raised above, as well as for the following reasons (this list is not exhaustive): • The ballot language is vague, unaccountable, misleading and problematic. • There is no language that holds Metro accountable to the goals outlined in the measure. • There is no transparency in how the funding will be allocated within its generally defined categories (Transit Construction, Transit Operations, Highway Construction, Local Return and Administration). • Metro can change the expenditure plan every 10 years without consulting voters or regional partners. • Measure M is essentially permanent and the revised Measure R would also be permanent • Measure M requires local cities to contribute 3% for rail projects, whether it supports them or not; Metro can "take" local return funds for up to 15 years toward meeting the 3% contribution. The specifics of this item are vague and lack any detail on a city's right to negotiate use of the local contribution. • Although the South Bay is a major contributor to sale tax funding, it will not significantly benefit from nearly any of major projects proposed for decades. Most of the South Bay's cities are united in their opposition to the proposed Measure M language and its problematic issues /language. El Segundo staff also agree with the points raised above. 171 For the many reasons listed above, staff recommends that City Council adopt a resolution in opposition to Measure M as proposed, and instead encourage Metro to 1) revise the measure's language to achieve a more equitable local return formula and rate, and 2) to clarify the measure's language such that proper expenditure controls are in place. 172 tl r MEASURE M THE LOS ANGELES COUNTY TRAFFIC IMPROVEMENT PLAN Information Guide W `rNw 1 Los Angeles County Traffic Improvement. Plan, on the November 6, 2uib, bailor. Voter,, wig. be asked: "To improve freeway trofc f ow /safety; repair potholes/ sidewalks; repave local streets; earthquake - retrofit bridges; synchronize signals; keep seniorldisabledlstudent fares affordable; expand rail /subway /bus systems; improve job/ school /airport connections; and create jobs; shall voters authorize a Los Angeles County Traffic Improvement Plan through a 7/2 6 sales tax and continue the existing 1/2 ¢ traffic relief tax until voters decide to end it, with independent audits /oversight and funds controlled locally ?" Angelenos spend an average of 81 hours a year stuck in traffic. Currently, there are 10.2 million people living in LA County, and we are projected to grow by 2.3 million people in the next 40 years. Traffic congestion and air pollution are expected to get worse with more growth, and the measure is intended to raise money to meet those needs. Measure M includes provisions establishing an independent oversight process including a Taxpayer Oversight Committee and annual audits. • Ease traffic congestion, improve freeway traffic flow, and reduce bottlenecks. • Expand rail and rapid transit system; accelerate rail construction and build new rail lines; enhance local, regional, and express bus service; and improve system connectivity. • Repave local streets, repair potholes, and synchronize signals; improve neighborhood streets and intersections, and enhance bike and pedestrian connections. • Make public transportation more accessible, convenient, and affordable for seniors, students, and the disabled; and provide better mobility options for our aging population. • Earthquake- retrofit bridges, and keep the transit and highway system safe and in good working condition. • Embrace technology and innovation; incorporate modern technology, new advancements, and emerging innovations into the local transportation system. • Create jobs, reduce pollution, and generate local economic benefits; increase personal quality time and overall quality of life. Provide accountability and transparency; protect and monitor the public's investments through independent audits and oversight. SANTA CLARITA VALLEY m ,26 Los Angeles County SAN FERNANDO VALLEY o IVentura County • ® ��'" ARROYO -� - VER0U00 EO m Q Q V CENTRAL '. LA LAS VIRGENES/ ® j MALIBU ! WESTSIDE CITIES �CIL! A\ 3 ! O m� m Transit Projects Completed SOUTH BAY Transit Projects Under Construction CITIES l3} ® Transit Projects Proposed ED\. Q • • • • • • Highway /Street Projects Under Construction O f w Highway /Street Projects Proposed • m • ANTELOPE VALLEY • 1< ®afl7� P c:f GATEWAY CF/ CITIES 606 i as M • M • • ve SAN GABRIELVALLEY., Orange County Lk 36 San Bernardino County Map numbers are for reference only. Final project scope will be determined in the environmental process. Bus & Rail Operations Local Street Improvements State of Good Repair $29.9 Billion �.�_ $22.5 Billion $2.4 Billion (Metro and other city bush (Street /pothole repairs, ' (Keeping the system in i service, such as Big Blue signals, etc.) good working condition) Bus, Long Beach Transit, Foothill Transit, etc.) leav: Programs for Students, Bike & Pedestrian Regional Rail Seniors and the Disabled Connections to Transit ' $1.9 Billion w„r $2.4 Billion $2.4 Billion ` (Metrolink) (Keeping fares affordable) (Including Safe Routes x. ,� to School) 175 HIGHWAY/STREET PROJECTS © 1 -5 Truck and Carpool Lane Additions: SR -14 Interchange to Lake Hughes Rd Adds one truck lane and one carpool lane in each direction, while maintaining existing general purpose lanes. SR -71 Lane Additions: 1 -10 to Rio Rancho Rd Adds three additional miles of SR -71 general purpose lanes in each direction, providing three continuous lanes in each direction to eliminate bottlenecks and improve traffic flow in sections where only two lanes exist today. j SR- 57/SR -60 Interchange Improvements Two miles of freeway, on -ramp, auxiliary lane, and street widening improvements in the vicinity of Grand Av and Golden Springs Dr. i 1 -105 ExpressLane Additions: 1 -405 to 1 -605 Creates two additional ExpressLanes, totaling 16 miles, while maintaining current general purpose lanes in each direction. 0 Sepulveda Pass Express Bus Transit Corridor Adds two ExpressLanes in each direction along the 1 -405 from 1 -10 to US -101, while maintaining current general purpose lanes, to provide express bus service connecting the San Fernando Valley to Westwood. 0 1 -710 South Corridor Zero Emission Truck Lane Additions: Long Beach to Commerce m Adds two Zero - Emission truck lanes in each direction, for a total of 18 miles, while maintaining current general purpose lanes. The project includes improvements to the Shoemaker Bridge. ® 1- 605/1 -10 Interchange Improvements Interchange improvements in all directions (north, south, east and west). m 1 -5 South Corridor Lane Additions: 1 -605 to 1.710 Adds one general purpose lane and one carpool lane in each direction, for a total of seven miles. When complete, there will be a total of five general purpose lanes and one carpool lane in each direction. jD 1 -405 South Bay Curve Bottleneck Improvements Adds segments of auxiliary lanes in each direction to improve traffic flow at on - /off -ramps for ten miles from Florence Av to 1 -110. 1 -110 ExpressLanes Extension to 1. 405/1.110 Interchange Extends the existing 1 -110 ExpressLanes southward one mile to 1 -405, while maintaining current general purpose lanes. E3 SR -60/1 -605 Carpool Interchange Improvements Improves interchanges from 1 -605 Rose Hills to 1 -10 and SR -60 from Santa Anita to Turnbull Canyon. Includes: new auxiliary lanes, wider lanes and bridges, interchange connectors, and ramp improvements. 0 1 -405/1 -110 ExpressLane Interchange Improvements Provides ramps that directly connect the ExpressLanes on the 1 -110 and 1 -405. High Desert Multi- Purpose Corridor: SR -14 to SR -18 Builds the Los Angeles County portion of a new freeway and toll lanes with parallel rail /transit service and a bikeway to connect cities in the Antelope and Victor Valleys, including Palmdale and Lancaster. El Las Virgenes /Malibu Transportation Improvements Various local street improvements to eliminate bottlenecks and improve traffic flow to /from adjacent freeways /major highways (i.e. 101, PCH) and connections to local communities. M North County Transportation Improvements Various street improvements, including street and bridge widenings, to eliminate bottlenecks and improve traffic flow to /from adjacent freeways /highways (i.e. 138, 14) and connections to local communities. Also includes local transit projects, such as improved Metrolink Commuter Rail stations, rail crossings, and enhanced bus service. ® 1 -605 Corridor "Hot Spot' Interchange Improvements Improvements to various interchanges along the 1 -605 freeway to eliminate bottlenecks and improve traffic flow at on - /off -ramps from the Orange County Line to the SR -60 Freeway. NOT SHOWN ON MAP Crenshaw /LAX Light Rail Track Enhancement Project Constructs a portion of the Crenshaw /LAX light rail line (currently under construction) adjacent to the LAX runways so it is fully underground. LA River Bike Path Extension: Canoga Park to Glendale Constructs a 12 -mile bike path along the LA River connecting Canoga Park to Glendale. The project will complete the LA River Bike Path between downtown Los Angeles and the San Fernando Valley. LA River Waterway and Bike Path: Elysian Valley to Maywood Constructs eight -mile bike path along the LA River connecting the Elysian Valley to the City of Maywood through downtown Los Angeles. The measure will complete the LA River Bike Path between Long Beach and the Sepulveda Basin in the San Fernando Valley. City of San Fernando Bike Path Creates a bike path to run along the Pacoima Wash. TRANSIT PROJECTS Airport Rail Connector and Green Line Rail Extension Connects Metro Green Line Rail, Crenshaw /LAX Line Rail, and Metro and municipal bus service to the Los Angeles International Airport (LAX) via the LAX Automated People Mover. s; East San Fernando Valley Transit Corridor A 9.2 -mile high- capacity transit project with 14 stations connecting the Orange Line Van Nuys station to the Sylmar /San Fernando Metrolink Station. Orange Line BRT Connector to Gold Line Rail A 15.3 -mile Bus Rapid Transit line from North Hollywood Orange /Red Line Rail Station to the Gold Line Rail in Pasadena. The project could be converted to a rail service at a later date if ridership demand outgrows the bus rapid service capacity. Gold Line Rail Extension: Foothill to Claremont Extends Gold Line Rail 11 miles and adds five stations from Citrus College Station to the Claremont Metrolink Station; linking Glendora, San Dimas, La Verne, Pomona, and Claremont. ® Purple Line Rail Subway Extension: Century City West to Westwood /VA Hospital Extends Purple Line Rail Subway 2.5 miles along Wilshire BI by two stations, from Century City West to Westwood /VA Hospital; connects the Sepulveda Pass underground via the Westwood /UCLA Station. ® West Santa Ana Light Rail Corridor: Union Station to City of Artesia ® New 20 -mile light rail line from the City of Artesia to Union Station. ® Orange Line BRT Improvements Enables Orange Line Bus Rapid Transit buses to bypass several key intersections to improve bus speeds and passenger travel times. ® Gold Line Eastside Rail Extension ® Extends Gold Line Rail east from Atlantic Station. Two alignments are planned for construction, one along SR -60 to South El Monte and the other along Washington BI to Whittier. ® Green Line Rail Extension: Redondo Beach to Torrance Transit Center Extends Green Line Rail 4.7 miles, four stations, from Redondo Beach to the Torrance Transit Center. Vermont BRT Corridor: Hollywood BI to 120th St Adds a 12.5 -mile high- capacity Bus Rapid Transit corridor from Hollywood BI to 120th St. The project could be converted to a rail service at a later date if ridership demand outgrows the bus rapid service capacity. FM Sepulveda Pass Underground Transit Corridor Creates a 10 -mile high- capacity transit corridor underneath the Sepulveda Pass. The project connects the San Fernando Valley to UCLA and the Westside by providing a link between the Orange Line in Van Nuys and the future - planned Purple Line Rail stop. Crenshaw Line Rail Northern Extension to West Hollywood Extends Crenshaw Line Rail north from the Expo /Crenshaw Station to the Red Line Rail Hollywood/ Highland Station. Orange Line BRT Conversion to Light Rail Converts 14.5 miles of existing Orange Line busway to light rail transit, 14 stations from Warner Center to North Hollywood. LAX BRT Connector to Santa Monica Links Airport Metro Connector to Expo Line Rail via a Bus Rapid Transit corridor along Lincoln BI. The project could be converted to a rail service at a later date if ridership demand outgrows the bus rapid service capacity. Green Line Rail Extension to Norwalk Metrolink Station Extends Metro Green Line Rail 2.8 miles from Norwalk to the Norwalk /Santa Fe Springs Metrolink Station. j Metro Rail and Express Bus Extension from Westwood to LAX Metro Connector Ten -mile high- capacity transit and rail extension from Wilshire /Westwood Station to the Airport Metro Connector. Project could also add ExpressLanes along the 1 -405 that provides express bus service connecting Westwood to LAX. �9} Regional Commuter Rail (Metrolink and Amtrak) Improvements Various capital improvements to enhance travel times, service reliability, and speed on Metrolink and Amtrak. Historic Downtown Streetcar Builds a 3.8 -mile streetcar along existing traffic lanes from 1st St to 11th St in downtown Los Angeles. North San Fernando Valley BRT Improvements Builds a Bus Rapid Transit, route to be determined, serving the North San Fernando Valley. Arroyo Verdugo Transportation Improvements Various local street improvements to eliminate bottlenecks and improve traffic flow to /from adjacent freeways /major highways (i.e. SR -2, SR -134) and connections to local communities. South Bay Transportation Improvements Various local street improvements to eliminate bottlenecks and improve traffic flow to /from adjacent freeways /major highways (i.Q�, 110, PCH) and connections to local communities. (� August 2oi6 RESOLUTION NO. A RESOLUTION OPPOSING THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY'S PROPOSED TRANSPORTATION BALLOT MEASURE (MEASURE M) TO BE VOTED ON AT THE NOVEMBER 8, 2016, GENERAL ELECTION The City Council of the City of El Segundo does resolve as follows: SECTION 1: The City Council finds as follows: 1. On June 23, 2016, the Board of Directors of the Los Angeles County Metropolitan Transportation Authority (Metro) voted to place a sales tax increase proposal (Measure M) on the November 8, 2016 General Election ballot. 2. Measure M would extend the current' /2 cent sales tax (Measure R), due to expire in 2039, indefinitely, and would add another Y2 cent sales tax for additional local and regional transportation projects, with no sunset for this additional measure. 3. The current Measure R program and the proposed Measure M program have an allocation formula that are not equitable to smaller cities such as El Segundo that have low residential populations but which provide significant sales tax returns. For example, El Segundo currently generates nearly $1 million in Measure R sales tax, but only received approximately $200,000 in local return because the allocation formula is based on residential population alone. This means that, through Measure R, El Segundo is currently subsidizing an estimated $800,000 annually to the rest of the Los Angeles region. 4. If Measure M passes as written, El Segundo will contribute an estimated $2 million of Measures R and M local return funds to the region in perpetuity, while only receiving $400,000 return (with increases over time based on CPI). 5. In addition, Measure M proposes a local return allocation of 17 %, with an increase to 20% in 2039, which is lower than the local return allocation of other similar propositions, such as Proposition A (25 %). Local return funding is imperative for repairing and reconstructing local roads, and El Segundo believes that its residents deserve a higher percentage of local return allocation from Measure M. 6. While the City supports Metro's goal of completing more transportation projects in the Los Angeles region, El Segundo should be treated equitably and the allocation formulas should reflect El Segundo's share of tax revenues for such projects. SECTION 2: Based on the foregoing reasons, the City of El Segundo opposes Measure M as currently proposed. SECTION 3: The City Manager is authorized to communicate the City Council's position on this matter as necessary and as permitted by law. 177 SECTION 4: The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original resolutions; and make a minute of the adoption of the Resolution in the City Council's records and minutes of this meeting. SECTION 5: This Resolution will become effective immediately upon adoption and remain effective unless superseded by a subsequent resolution. PASSED, APPROVED AND ADOPTED this day of September, 2016, Suzanne Fuentes, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 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 Resolution No. was duly passed, approved and adopted by said City Council at a regular meeting held on the day of September, 2016, approved and signed by the Mayor, and attested to by the City Clerk, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney 178