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HomeMy WebLinkAbout06/08/04• • CITY CLERK "Canfuoian to the daaxwag ta a new andenstanding." AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, June 8, 2004 - Council Chambers, City Hall 1315 Valley Drive 7:10 p.m. MAYOR CITY CLERK Art Yoon Elaine Doerfling MAYOR PRO TEM CITY TREASURER J. R. Reviczky John M. Workman COUNCIL MEMBERS CITY MANAGER Sam Y. Edgerton Stephen R. Burrell Michael Keegan CITY ATTORNEY Peter Tucker Michael Jenkins All council meetings are open to the public. PLEASE ATTEND. The Council receives a packet with detailed information and recommendations on nearly every agenda item. Complete agenda packets are available for public inspection in the Police Department, Fire Department, Public Library and the Office of the City Clerk. During the meeting, a packet is also available in the Council Chambers foyer. City Council agendas and staff reports are available for your review on the City's web site located at www.hermosabch.org CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS PRESENTATIONS HERMOSA HYDROGEN PRESENTATION BY PAUL OSTROVE • • PUBLIC PARTICIPATION: Although the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda as a business item. 1. ORAL AND WRITTEN COMMUNICATIONS Members of the public wishing to address the City Council on any items within the Council's jurisdiction, or to request the removal of an item from the consent calendar, may do so at this time. Comments on public hearing items are heard only during the public hearing. Comments from the public are limited to three minutes per speaker. Members of the audience may also speak: 1) during discussion of items removed from the Consent Calendar; 2) during Public Hearings; and, 3) during discussion of items appearing under Municipal Matters. The City Council acknowledges receipt of the written communications listed below. No action will be taken on matters raised in written communications. The Council may take action to schedule issues raised in oral and written communications for a future agenda. - Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. NO WRITTEN COMMUNICATIONS 2. CONSENT CALENDAR: The following more routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless a Council member removes an item from the Consent Calendar. Items removed will be considered under Agenda Item 4, with public comment permitted at that time. (a) Recommendation to approve minutes of the regular meeting of the City Council held on May 11, 2004. (b) Recommendation to ratify check register and to approve cancellation of certain checks as recommended by the City Treasurer. (c) Recommendation to receive and file Tentative Future Agenda Items. (d) Recommendation to receive and file the action minutes of the Public Works Commission meeting of May 19, 2004. 2 (e) Recommendation to authorize hanging banners for the American Cancer Society and the Pancreatic Cancer Action Network. Memorandum from Public Works Director Richard Morgan dated June 2, 2004. (f) Recommendation to authorize installation of a stop sign on 8th Place at Ocean Drive. Memorandum from Public Works Director Richard Morgan dated June 2, 2004. 3. CONSENT ORDINANCES a. ORDINANCE NO. 04-1241— "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, CHAPTER 17.04 DEFINITIONS, AND CHAPTER 17.44 OFF-STREET PARKING, PERTAINING TO THE DEFINITION AND PARKING REQUIREMENTS FOR SNACK SHOPS." For adoption. Memorandum from City Clerk Elaine Doerfling dated June 2, 2004. 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION * Public comments on items removed from the Consent Calendar. 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a. PUBLIC HEARING REGARDING ISSUANCE BY THE INDEPENDENT CITIES LEASE FINANCE AUTHORITY OF ITS MOBILEHOME PARK REVENUE BONDS TO FINANCE THE MARINELAND MOBILEHOME PARK PROJECT. Memorandum from City Manager Stephen Burrell dated June 2, 2004. RECOMMENDATION: That the City Council adopt the subject resolution approving the issuance of Revenue Bonds for the purchase of Marineland Mobile Home Park by Millennium Housing of California, a California nonprofit corporation. 6. MUNICIPAL MATTERS a. SUNSET CONCERT SERIES 2004. Memorandum from Community Resources Department dated June 1, 2004. RECOMMENDATION: Review and approve the Sunset Concert Series proposal. 3 • • 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. UNDERGROUND UTILITY ASSESSMENT DISTRICT TEAM; BOND COUNSEL AND ASSESSMENT SERVICE AGREEMENTS FOR BAYVIEW ET AL PROPOSED ASSESSMENT DISTRICT. Memorandum from City Manager Stephen Burrell dated May 25, 2004. RECOMMENDATION: That the City Council review and approve the agreements with Stradling, Yocca, Carlson & Rauth, Bond Counsel, and David Taussig & Associates, Inc., Assessment Engineers, and direct the City Manager to execute the agreements on behalf of the City. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL NONE 9. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: Recommended Action: 1) Vote by Council whether to discuss this item; 2) refer to staff for a report back on a future agenda; or, 3) resolution of matter by Council action tonight. a. Request from Mayor Yoon to provide trophies for the AVP players at a cost not to exceed $2000. This would be an ongoing program. ADJOURNMENT in memory of Vernon Tucker, father of Councilmember Peter Tucker. 4 HERMOSA I I 2 HYDROGEN Questions: 1 How long will the incentives be available for the applications of renewable energy technologies? (rebates tax credits etc.) 2 Why are so many new appliances not energy efficient and why are European appliance more energy efficient than U.S. manufactured appliances? 3 What are the environmental impacts of the applications of renewable energy technologies? 4 Can the city of Hermosa Beach become completely energy self reliant? 5 How will this save the city money? 6 When can we start? 7 When are the rebate rates lowering? 8 Can the city convert its fleet of vehicles to renewable and sustainable fuels? 2025 Hermosa Ave. Hermosa Beach Ca. 90254 310-379-2766 hermosahydrogen.com HERMOSA 411 2 HYDROGEN 06-08-04 Mayor Yoon and Hermosa Beach City Council Energy Efficiency Plan (Energy Audit) and The introduction and application of"Renewable Energy" technologies (Solar PhotoVoltaic Wind Generation Etc.). Note: Energy consumption is directly proportional to the costs of renewable energy technologies. The lower the consumption the lower the costs to install renewable energy devices. This plan to help the city cut its energy costs and consumption consists of a Three Phase Plan. PHASE 1: The first and most important is the "Energy Audit". This audit will provide the city with the information on how to cut up to 50% of its electrical consumption without the need to change any physical appliances. The city wastes a tremendous amount of electrical energy which can be eliminated by the implementation of some simple techniques. Hermosa Hydrogen will provide for one year consulting services which will cut the cities wasted energy. Hermosa Hydrogen will perform: 1) Electrical Audit: Summation of all listed electrical devices and appliances that are provided to Hermosa Hydrogen which will determine overall electrical consumption. This will include and are limited to: Indoor / Outdoor Lighting, Electrical Appliances, Computers Systems and miscellaneous devices etc... 2) Administrative: -Obtaining applicable State "Buy Down" Certificate Reservations (Rebates). -Coordination with local electric company for "Net Metering Programs". -Coordination with City Building Inspectors for necessary permits and approvals. -Obtaining applicable State Rebate Checks. -Coordination, delivery and installation of necessary Renewable Energy equipment. PHASE 2: Energy efficient appliance implementation. Replacement of inefficient appliances and the introduction to the new energy efficient appliances. PHASE 3: Implementation and installation of renewable energy devices (Solar, Wind, biomass, Hydroelectric etc.) This implementation will provide a positive cash flow situation for the city during amortization and after amortization a Zero electric bill for the city for the remainder... The retainer fee of $5,250.00 for the above listed services is tax deductible and is payable to Hermosa Hydrogen. The costs to install today will be equivalent fixed to the monthly electric bill today without Phase 1. With Phase 1, a 50% reduction in energy consumption will save the city a minimum of $2000 per month which will increase over time with the increased costs of electricity which will not effect the city. 2025 Hermosa Ave. Hermosa Beach Ca. 90254 310-379-2766 hermosahydrogen. corn 1 • • 0/0/0 y MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, Califomia, held on Tuesday, May 11, 2004, at the hour of 7:12 p.m. PLEDGE OF ALLEGIANCE — Maria Flannigan ROLL CALL: Present: Keegan, Edgerton, Reviczky, Tucker, Mayor Yoon Absent: None ANNOUNCEMENTS — Councilmember Tucker announced a luau fundraiser for the Tim Kelly statue at 5:00 p.m. on Sunday, June 27, at Sangria, and provided posters with details. He congratulated both local high school volleyball teams, Mira Costa and Redondo, tied in the Bay league. Mayor Yoon announced the annual fundraiser for Dig for Kids, an organization founded by Olympic gold medal winner Eric Fonoimoana, to be held on Friday, May 14, from 5:00 to 8:00 p.m., at Sangria, with tickets at $40 per person. He said due to work obligations, his office hours this week and next week would be Wednesday, instead of Monday, and invited anyone interested in discussing City issues to join him for a cup of coffee from 7:00 to 8:30 p.m. at Java Man. PROCLAMATIONS/PRESENTATIONS NATIONAL PUBLIC WORKS WEEK MAY 16-22, 2004 Mayor Yoon presented a proclamation to Public Works Director Morgan, declaring May 16-22, 2004 as National Public Works Week in Hermosa Beach. CLOSED SESSION REPORT FOR MEETING OF APRIL 27, 2004: No reportable actions. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no oral or written communications this evening. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (m), with the exception of the following item, which was removed for discussion in item 4, but is shown in order for clarity: (d) Reviczky. Motion Edgerton, second Tucker. The motion carried by a unanimous vote. City Council Minutes 05-11-04 Page 11394 2 a (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Regular City Council meeting held on April 13, 2004; and 2) Regular City Council meeting held on April 27, 2004. Action: To approve as presented the City Council minutes of the Regular meetings of April 13, 2004, and April 27, 2004. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 36461 THROUGH 36591, INCLUSIVE. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file tentative future agenda items, as presented. (d) RECOMMENDATION TO ACCEPT DONATIONS OF $1,210 FROM THE WOMAN'S CLUB OF HERMOSA BEACH TO BE USED TOWARD THE COST OF SART EXAMS; $250 FROM THE HERMOSA KIWANIS FOUNDATION TO BE USED FOR THE EGGSTRAVAGANZA EVENT; $650 FROM HAWTHORNE SAVINGS TO BE USED FOR THE EGGSTRAVAGANZA EVENT; AND, $50 FROM THE EMPLOYEES COMMUNITY FUND OF BOEING SOUTHERN CALIFORNIA (CHRISTOPHER R. ASHLEY) TO BE USED FOR PARKS AND RECREATION PROGRAMS (ON-GOING DONATION'. Memorandum from Finance Director Viki Copeland dated May 3, 2004. This item was removed from the agenda by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: 1- $1,210 from the Women's Club of Hermosa Beach to be used toward the cost of SART exams; 2- $250 from the Hermosa Kiwanis Foundation to be used for the Eggstravaganza Event; 3- $650 from Hawthorne Savings to be used for the Eggstravaganza Event; and 4- $50 from Employees Community Fund of Boeing Southern California (Christopher R. Ashley) to be used for parks and recreation programs (on-going donation). Motion Reviczky, second Tucker. The motion carried by a unanimous vote. City Council Minutes 05-11-04 Page 11395 • • (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF APRIL 21, 2004. (f) (g) Action: To receive and file the action minutes of the Public Works Commission meeting of April 21, 2004. RECOMMENDATION TO APPROVE COUNTY PROJECT NO. 1105 — LOW FLOW DIVERSION OF THE HERONDO STREET STORM DRAIN. Memorandum from Public Works Director Richard Morgan dated April 28, 2004. Action: To approve County Project No. 1105 — low flow diversion of the Herondo Street storm drain, as recommended by staff. RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated April 29, 2004. Claimant: Wells, Sean Date of Loss: 11-13-03 Date Filed: 04-28-04 Action: To deny the above claim and refer it to the City's Liability Claims Administrator, as recommended by staff. (h) RECOMMENDATION TO RECEIVE AND FILE NOTICE OF CLOSED CLAIMS. Memorandum from Personnel Director/Risk Manager Michael Earl dated April 28, 2004. (I) Action: To receive and file the notice of closed claims. RECOMMENDATION TO AUTHORIZE THE MAYOR TO EXECUTE THE GROUNDS MAINTENANCE AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR MAINTENANCE OF THE LIBRARY. Memorandum from Public Works Director Richard Morgan dated April 28, 2004. Action: To authorize the Mayor to execute the Grounds Maintenance Agreement with the County of Los Angeles for maintenance of the Library, as recommended by staff. 0) RECOMMENDATION TO APPROVE THE 18TH STREET WALKSTREET RENOVATION PROJECT TO BE PRIVATELY FUNDED AND CONSTRUCTED BY THE RESIDENTS IN PARTICIPATION WITH PUBLIC WORKS; TO APPROVE THE EXPENDITURE OF THE NOT - City Council Minutes 05-11-04 Page 11396 • • TO -EXCEED AMOUNT OF $4,000 TO PROVIDE IRRIGATION PIPING, IRRIGATION CONTROLLER, ELECTRICAL CONDUIT, PULL BOXES AND WIRING; AND TO WAIVE ENCROACHMENT PERMIT FEE. Memorandum from Public Works Director Richard Morgan dated May 4, 2004. Action: To approve the staff recommendation to: (1) Approve the 18th Street Walkstreet Renovation Project to be privately funded and constructed by the residents in participation with Public Works; (2) Approve the expenditure of the not -to -exceed amount of $4,000 to provide irrigation piping, irrigation controller, electrical conduit, pull boxes and wiring; and (3) Waive the Encroachment Permit fee. (k) RECOMMENDATION TO ACCEPT THE WORK BY SIALIC CONTRACTORS CORPORATION DBA SHAWNAN FOR PROJECT NO. CIP 00-411 SEWER AND STREET IMPROVEMENTS — TARGET AREA 1; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE PAYMENT TO SHAWNAN (10% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Public Works Director Richard Morgan dated May 3, 2004. (I) Action: To approve the staff recommendation to: (1) Accept the work by Sialic Contractors Corporation DBA Shawnan for Project No. CIP 00-411 - sewer and street improvements — Target Area 1; (2) Authorize the mayor to sign the notice of completion; and (3) Authorize staff to release payment to Shawnan (10% retained for 35 days following filing of notice of completion. RECOMMENDATION TO ACCEPT THE WORK BY SIALIC CONTRACTORS CORPORATION DBA SHAWNAN FOR PROJECT NOS. CIP 00-410 & 00-192 LOMA AREA SEWER AND STREET IMPROVEMENTS; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE PAYMENT TO SHAWNAN (10% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETIONI. Memorandum from Public Works Director Richard Morgan dated May 3, 2004. Action: To approve the staff recommendation to: (I) Accept the work by Sialic Contractors Corporation DBA Shawnan for Project Nos. CIP 00-410 and 00-192 - Loma area sewer and street improvements; City Council Minutes 05-11-04 Page 11397 (m) (2) (3) • • Authorize the Mayor to sign the notice of completion; and Authorize staff to release payment to Shawnan (10% retained for 35 days following filing of notice of completion). RECOMMENDATION TO ADOPT RESOLUTIONS APPROVING THE ENGINEER'S REPORT FOR HERMOSA BEACH LANDSCAPING & STREET LIGHTING DISTRICT 2004-2005 ("DISTRICT") MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 03-6257 AND DECLARING THE CITY COUNCIL'S INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2004 THROUGH JUNE 30, 2005; AND SETTING MAY 25, 2004, TO ACCEPT PUBLIC INPUT ON THE MATTER OF THE PROPOSED ASSESSMENT. Memorandum from Public Works Director Richard Morgan dated May 3, 2004. Action: To approve the staff recommendation to: (1) Adopt Resolution No. 04-6338, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE ENGINEER'S REPORT N CONNECTION WITH HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2004-2005" and (2) Adopt Resolution No. 04-6339, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2004-2005 FOR THE FISCAL YEAR BEGINNING JULY 1, 2004 AND ENDING JUNE 30, 2005, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO." 3. CONSENT ORDINANCES a. ORDINANCE NO. 04-1240 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING MAP FROM SPECIFIC PLAN AREA NO. 7 (COMMERCIAL) TO R-2 (TWO- FAMILY RESIDENTIAL) FOR THE PROPERTY LOCATED AT 710 SECOND STREET AND LEGALLY DESCRIBED AS LOT 99, WALTER RANSOM CO'S VENABLE PLACE, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION." For adoption. Memorandum from City Clerk Elaine Doerfling dated March 3, 2004. City Council Minutes 05-11-04 Page 11398 • City Clerk Doerfling presented the ordinance for waiver of full reading and adoption, noting it had been introduced at the previous meeting by a unanimous vote. Action: To waive full reading and adopt Ordinance No. 04-1240. Motion Edgerton, second Reviczky. The motion carried by the following vote: AYES: Edgerton, Keegan, Reviczky, Tucker, Mayor Yoon NOES None: ABSTAIN: None ABSENT: None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(d) was heard at this time but is shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. At 7:22 p.m., the order of the agenda was suspended to go to 9 (a). 5. PUBLIC HEARINGS a. CONSIDERATION FOR APPROVAL OF 2004 COMMERCIAL SPECIAL EVENT FOR AVP HERMOSA OPEN BEACH VOLLEYBALL TOURNAMENT, JULY 22-25, 2004. Continued from meetings of 3/9/04 & 4/13/04. Memorandum from Community Resources Department dated May 4, 2004. Supplemental resolution (No. 94-5708). Supplemental letter from James Lissner dated May 11, 2004. City Manager Burrell presented the staff report and responded to Council questions. City Attorney Jenkins responded to Council questions also. The public hearing opened at 7:43 p.m. Coming forward to address the Council on this item were: Matt Gage, Hermosa Beach, AVP Tour Director, said this was the 35th year for the Hermosa Beach Open, with AVP involvement for the last 20 years, and he wanted to make sure this and every future tournament is world class; said there would be five separate sets of bleachers, with attractive tents and interesting activities; requested waiver of the film permit fee, noting that there would be a live telecast of the event, with NBC providing national coverage for a total of three hours on Saturday and Sunday; said the event was family-oriented, with a clinic for kids with the pros, as well as a City Council Minutes 05-11-04 Page 11399 • • junior tournament; said event merchandise and souvenirs would be sold on the beach and food booths, if they have them, would be on the Plaza; said the concert was proposed for Saturday and AVP would pay for the installation of the proposed banners on street light poles; discussed their proposal for a beer garden, with proceeds going to the Hermosa Beach Education Foundation; Maria Flannigan — Hermosa Beach, Co -President of the Hermosa Beach Education Foundation, spoke in support of the event, said AVP was offering all profits from their beer garden to the Education Foundation; said the Foundation Board had not met yet to discuss the proposal but did not anticipate any opposition; Carla Merriman —Executive Director of the Hermosa Beach Chamber of Commerce and Visitors' Bureau, said they had first met with AVP nine months ago and the Chamber of Commerce was supportive of the event, particularly the television coverage, but expressed concern about decreased restaurant revenue and sales tax if AVP has food booths; also cautioned the Education Foundation about the cost and liability involved with a beer garden; and Dave Williams — Hermosa Beach, representing AVP, said they partnered with community charity groups for all their events and would cover all costs associated with the beer garden, including insurance; said they did not expect an unruly drinking crowd and wanted to have the beer garden on the beach so that patrons would still be able to watch the games; said they had not yet arranged for food booths. The public hearing closed at 8:14 p.m. Action: To waive the film permit fees, as requested. Motion Edgerton, second Keegan. The motion carried, noting the dissenting votes of Reviczky and Tucker. Further Action: To approve the music concert and authorized staff to approve any change from Sugar Ray to another group. Motion Edgerton, second Tucker. The motion carried by a unanimous vote. Proposed Further Action: To approve a beer garden on the beach, with all costs for insurance and permits borne by AVP, and with all proceeds to go to the Hermosa Beach Education Foundation, subject to their Board approval. Motion Edgerton, second Tucker. The motion failed, noting the dissenting votes of Keegan, Reviczky, and Mayor Yoon. Final Action: To approve the AVP Hermosa Open Beach Volleyball Tournament and amend the contract as noted above, with additional direction to require signage from the freeway to shuttle locations, to City Council Minutes 05-11-04 Page 11400 • • require additional portable toilets, to clarify that only Parking Lot B would be used, and to remove from the contract the model contest and food booths on Pier Plaza. Motion Edgerton, second Keegan. The motion carried by a unanimous vote. b. TEXT AMENDMENT 03-3 TO CLARIFY THE DIFFERENCES BETWEEN SNACK SHOPS AND RESTAURANTS. Memorandum from Community Development Director Sol Blumenfeld. Community Development Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:54 p.m. Coming forward to address the Council on this item was: Carla Merriman — Executive Director of the Hermosa Beach Chamber of Commerce and Visitors' Bureau, said that she spoke at Planning Commission meetings about the difference between a restaurant and a snack shop; said the Vanilla Bean on Pier Avenue closed because of this issue; said she did not see table service as the proper criteria for determining the type of business; stressed the importance of assisting small businesses whenever possible. The public hearing closed at 8:55 p.m. Action: To reopen and continue the public hearing to the next meeting, with direction to staff to provide additional information regarding the names of businesses which might be affected, along with their square footage and capacity. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. The meeting recessed at 8:59 p.m. The meeting reconvened at 9:10 p.m., with item 6(a). 6. MUNICIPAL MATTERS a. PRESENTATION OF BEACH CITIES TRANSIT PLAN DEVELOPED BY REDONDO BEACH. Memorandum from City Manager Stephen Burrell dated May 6, 2004. Terisa Price, Transit Manager for the City of Redondo Beach gave a PowerPoint presentation, providing a timeline of discussions thus far, goals of the plan, specific routes, and a request for Council input. She introduced Martin Gombart of Mobility Advancement Group and both of them responded to Council questions. City Council Minutes 05-11-04 Page 11401 • d' Coming forward to address the Council on this issue were: Susan Blako — Hermosa Beach, said she had always wished for a bus route between the three cities but nothing runs east of Pacific Coast Highway; said walking the steep hills between PCH and Prospect was difficult; Carla Merriman — Executive Director the Hermosa Beach Chamber of Commerce and Visitors' Bureau, applauded the efforts of Ms. Price but said there were funding issues and a need to study and adjust the proposed routes; said a beach shuttle between the cities would be very good for both visitors and residents and she also saw the value of a shuttle service just in Hermosa Beach for visitors, students, and residents, which she thought would be beneficial for the businesses as well; Darian Debellis — Hermosa Beach, said some routes were better than others but there would be varying opinions, noting that input from Manhattan Beach was yet to come; said the WAVE was costly and he believed transit and dial -a -ride were separate issues; said the cities of Torrance, Carson, and Huntington Park had abandoned van -type dial -a -ride systems in favor of taxis, noting the advantages included less waiting and travel time; and Mike Downs — representing Laidlaw, which operates the WAVE, explained in response to a Council question, that one reason usage is higher in the summer is because of participation in Parks and Recreation activities and incentives to encourage groups to use the WAVE. Action: To keep the taxi voucher system for seniors and the disabled and discontinue the current WAVE program, using those funds instead for a shuttle service between the beach cities, with direction for an oval route running along the coast and east to west throughout the three beach cities, and to further direct staff to determine the cost and to investigate whether there is an interest in having a Hermosa Beach local route. Motion Edgerton, second Keegan. The motion carried by a unanimous vote. b. FILM PERMIT POLICY AND FEE SCHEDULE. Memorandum from Community Resources Department dated May 5, 2004. City Manager Burrell presented the staff report and responded to Council questions. Action: To adopt the revised film permit policy and application, with a change to remove specific rates from the rate schedule and simply state "prevailing rates," to ensure that the City's costs are covered. Motion Reviczky, second Keegan. The motion carried by a unanimous vote. City Council Minutes 05-11-04 Page 11402 • • At 10:25 the order of the agenda moved to item 6(d) c. MARINELAND MOBILEHOME PARK — SET PUBLIC HEARING TO CONSIDER THE ISSUANCE BY THE INDEPENDENT CITIES LEASE FINANCE AUTHORITY OF ITS MOBILEHOME PARK REVENUE BONDS TO FINANCE THE MARINELAND MOBILEHOME PARK PROJECT. Memorandum from City Manager Stephen Burrell dated May 5, 2004. City Manager Burrell presented the staff report and responded to Council questions. Action: To schedule a public hearing for June 8, 2004, to consider the subject financing for Marineland Mobilehome Park. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. At 7:30 p.m., the order of the agenda was returned to public hearing items 5(a) and (b). d. CONSIDERATION OF ISSUES PERTAINING TO THE CITY'S CAMPAIGN FINANCE ORDINANCE. Memorandum from City Attorney Michael Jenkins dated May 6, 2004. City Attorney Jenkins presented the staff report and responded to Council questions. City Clerk Doerfling also responded to Council questions. Coming forward to address the Council at this time was: Jim Lissner — Hermosa Beach, said it was not appropriate to spend City funds to investigate what appeared to him to be personal issues. Action: To receive and file report and direct staff to return with proposals for revisions to the City's campaign finance ordinance. Motion Reviczky, second Tucker. The motion carried, noting the dissenting vote of Edgerton. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL City Council Minutes 05-11-04 Page 11403 • • a. Request from Mayor Pro Tem Reviczky to consider adoption of an agreement to support employees now serving in the Guard and Reserve Forces. Mayor Pro Tem Reviczky spoke to his request. Action: To adopt an agreement to support employees now serving in the Guard and Reserve Forces. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. At 7:25 p.m., the order of the agenda was suspended to go to item 6(c). ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: Approval of minutes of Closed Session meeting held on April 13, 2004, and April 27, 2004. 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Manager ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 11, 2004, at the hour of 10:50 p.m. to a Closed Session. RECONVENE TO OPEN SESSION — The Closed Session convened at the hour of 10:51 p.m. At 11:05 p.m. the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 11, 2004, at the hour of 11:06 p.m. to an Adjourned Regular Meeting on Tuesday, May 18, 2004, at the hour of 7:10 p.m. for the purpose of conduction a Budget workshop. City Clerk City Council Minutes 05-11-04 Page 11404 vchtist Check Register 05/20/2004 5:03:33PM CITY OF HERMOSA BEACH Page: 1 Bank code: boa Voucher Date Vendor Invoice PO # Description/Account Amount 36772 5/20/2004 12396 ADELPHIA 821117899000 Air Traffic Monitoring/5/19-6/18/04 715-12064201 136.80 Total : 136.80 36773 5/20/2004 12406 ADVANCED INFRASTRUCTURE 1018-02 COUNTY BASE MAP & GIS SOFTWARE . • 14522 001-4202-4201 Total : 66,635.,635.04 04 36774 5/20/2004 10610 AFSS 2201-15607 Registration/Diaz/6/08/04 001-2201-4317 25.00 Total : 25.00 36775 5/20/2004 12470 AMERICA'S TROPHY COMPANY 4202-15503 PLAQUES FOR DONATION BEN 15503 001-6101-5402 548.83 Total : 548.83 36776 5/20/2004 11589 AMERICAN CAMPING ASSOCIATION 4601-03732 Camp Staff Training/Martinez i 001-4601-4317 40.00 Total : 40.00 36777 5/20/2004 00152 ARAMARK UNIFORM SERVICES 586-3665670 Shop Towel Service/4/04 715-42064309 46.38 586-3665671 Mats/Shop Towel Services/4/04 001-31044309 82.64 • 586-3665672 Mats & Shop Towels/4/04 001-2201-4309 43.79 586-3665673 Mats Serviced/4/04 001-2101-4309 53.58 586-3665674 Mats Serviced/4/04 001-4204-4309 59.22 586-3665676 Mats Serviced/4/04 001-4204-4309 70.45 586-3674602 Shop Towel Service/4/04 715-4206-4309 45.41 586-3674603 Mat & Shop Towel Service/4/04 001-3104-4309 85.55 2b vchlist Check Register Page: 2 05/20/2004 5:03:33PM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice PO # Description/Account Amount 36777 5/20/2004 00152 ARAMARK UNIFORM SERVICES (Continued) 586-3674604 586-3674605 • 586-3674606 586-3674608 36778 5/20/2004 10566 B & K ELECTRIC WHOLESALE S1822469.001 36779 5/20/2004 12688 BARBERA, RANDALL 1204-15631 36780 5/20/2004 03190 BLUEPRINT SERVICE & SUPPLY CO. 107826 4.781 5/20/2004 11518 BOTHE, DENISE 05/16/2004 36782 5/20/2004 08482 BOUND TREE MEDICAL,LLC 914998 36783 5/20/2004 10824 BRADY, KEVIN 4601-03719 36784 5/20/2004 12691 BRAUNEISS, SUSAN 92522 Mats & Shop Towel Services/4/04 001-2201-4309 43.79 Mats Serviced/4/04 001-2101-4309 53.58 Mats Serviced/4/04 001-4204-4309 59.22 Mat Serviced/4/04 001-4204-4309 70.45 Total : 714.06 Electrical Supplies/5/04 105-2601-4309 121.40 Total : 121.40 Citation Refund #0500039064 110-3302 Spec Books Copies 001-4202-4201 Total : 25.00 25.00 1,042.88 Total : 1,042.88 Planning Commission Minutes/4/2 001-4101-4201 366.00 Total : 366.00 Medical Supplies/May 04 001-2201-4309 33.73 Total : 33.73 Instructor Payment/9062 001-4601-4221 3,861.20 Total : 3,861.20 Class Refund 001-2111 40.00 Page: 2 2 vchlist Check Register Page: 3 05120/2004 5:03:33PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice 36784 5/20/2004 12691 BRAUNEISS, SUSAN (Continued) 36785 5/20/2004 03372 CA EMS PERSONNEL FUND 2201-15605 PO # Description/Account Amount Total : 40.00 Paramedic Lic Renewal: 001-2201-4315 130.00 Total: 130.00 6786 5/20/2004 00016 CALIFORNIA WATER SERVICE 4286211111 Water Billing/4/04 105-2601-4303 1,534.59 001-6101-4303 6,156.39 001-4204-4303 878.76 109-3304-4303 116.45 Total : 8,686.19 36787 5/20/2004 10838 CANON BUSINESS SOLUTIONS A6843355 Service Agreement/Fax /3/04-3/05 001-1208-4201 416.00 Total : 416.00 36788 5/20/2004 12039 CENTER FOR HEALTH 2201-15608 ADV CARDIAC SUPP PROVIDER 001-2201-4317 45.00 Total : 45.00 36789 5/20/2004 06307 CHASE, MARGARET 4601-03731 Instructor Payment/8476 001-4601-4221 378.00 Total : 378.00 0790 5/20/2004 00634 CHEVRON USA, INC. 789819208840 Gas Card Purchases/4/9-5/6/04 715-2101-4310 628.47 Total : 628.47 36791 5/20/2004 05935 CLEAN STREET 39657 DOWNTOWN AREA CLEANING 14467 109-3301-4201 7,609.03 14467 001-6101-4201 2,814.31 39658 CITY WIDE STREET SWEEPING 14466 001-3104-4201 15,029.42 Total : 25,452.76 36792 5/20/2004 05770 COMP USA 211143796 SONY DIGITAL DICTATION REC 15565 154-2107-5401 373.46 Page: 3 3 vchlist Check Register Page: 4 05/20/2004 5:03:33PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice PO # Description/Account Amount 36792 5/20/2004 05770 COMP USA 36793 5/20/2004 09614 CONTINENTAL MAPPING SERVICE •36794 5/20/2004 07809 CORPORATE EXPRESS 36795 5/20/2004 00642 DAILY BREEZE, THE 36796 5/20/2004 04689 DATA TICKET, INC. 36797 5/20/2004 12698 DYE, NATHANIEL •36798 5/20/2004 00181 EASY READER 36799 5/20/2004 07853 EMPIRE PIPE CLEANING & EQUIP 36800 5/20/2004 01294 EXECUTIVE -SUITE SERVICES INC. (Continued) Total : 373.46 50704 300' Noticing Services/May 17th M 001-41014201 1,497.00 Total : 1,497.00 5196774 Office Supplies/May 04 001-1208-4305 5232251 Employment Ad/3/31-4/25/04 001-1203-4201 9677 DMV Record Retrieval/4/04 110-1204-4201 1204-15639 Citation Refund/#0300063531 110-3302 HC04006-HCO4 Legal Ads/3/04/04-4/01/04 001-1121-4323 6331 SEWER INSPECTION/2003/04 14454 160-3102-4201 1700-105B Janitorial Services/Jail 4/04 001-4204-4201 Janitorial Services/Police Dept./4/0 00142044201 Janitorial Services/City Hall/4/04 001-4204-4201 Janitorial Services/Base III/April 04 001-4204-4201 Total : Total : Total : Total : 101.00 101.00 327.36 327.36 134.61 134.61 55.00 55.00 1,149.50 Total : 1,149.50 1700-109A 1703-108 1704-105 Total : 875.00 875.00 750.00 1,200.00 1,245.00 290.00 Page: 4 vchlist Check Register Page: 5 05/20/2004 5:03:33PM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice PO # Description/Account Amount 36800 5/20/2004 01294 EXECUTIVE -SUITE SERVICES INC. (Continued) 1705-105 Janitorial Services/Clark Bldg/4/04 001-4204-4201 . 365.00 1706-107 Janitorial Services/Community Center 001-4204-4201 4,160.00 1707-105 Janitorial Services/City Yard/4/04 • 001-4204-4201 325.00 1861-045 Janitorial Services/Bowling Greens, 001-4204-4201 195.00 1884-032 Janitorial Services/So Park/4/04 001-4204-4201 55.00 Total : 8,585.00 36801 5/20/2004 12671 EXTREME SAFETY 00021258 DISPOSABLE GLOVES 001-2101-4306 366.97 Total : 366.97 36802 5/20/2004 10668 EXXON MOBIL FLEET/GECC, ACCT # 36 4993366 Gas Card Purchases/April 04 715-2101-4310 3,987.65 715-2201-4310 195.84 715-4201-4310 132.88 715-4202-4310 288.04 715-6101-4310 148.95 715-3302-4310 575.13 • 715-3104-4310 366.81 715-4601-4310 101.81 715-2601-4310 354.75 715-3102-4310 49.25 Total : 6,201.11 36803 5/20/2004 01962 FEDERAL EXPRESS CORP. 36804 5/20/2004 11707 FREEZE FRAME VIDEO 1-778-94543 Express Mait/April 04 001-4202-4201 47.56 001-2160 13.98 Total : 61.54 4986 Replacement Recorders/Jail 15591 001-2101-5401 842.19 Page: 5 5 vchlist Check Register Page: 6 05/20/2004 5:03:33PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice PO # Description/Account Amount 36804 5/20/2004 11707 FREEZE FRAME VIDEO (Continued) Total : 842.19 36805 5/20/2004 04108 HAZELRIGG RISK MGMT SERV, INC. 05/07/04 Worker's Comp Claims/5/14/04 705-1217-4324 10,747.74 Total : 10,747.74 6806 5/20/2004 02458 INGLEWOOD WHOLESALE ELECTRIC 195581-00 Electrical Supplies/5/04 105-2601-4309 146.63 001-2021 2.76 001-2022 -2.76 Total : 146.63 36807 5/20/2004 06562 INTOXIMETERS 143323 UPGRADE OF PAS UNIT 15475 001-2101-4309 153.86 Total : 153.86 36808 5/20/2004 08064 J.B. PLUMBING 4262 Emergency Plumbing Repairs) 001-4204-4201 932.00 Total : 932.00 36809 5/20/2004 12018 LA AREA FIRE CHIEFS ASSOC. 878 Registration/Tingley 001-2201-4317 350.00 Total : 350.00 6810 5/20/2004 11452 LEHNER/MARTIN,INC 873805 Helium Tank Refill 001-4601-4308 2.80 Total : 2.80 36811 5/20/2004 12599 LOCKLEAR, DEREK BRENT 4601-03730 Instructor Payment/8536 001-4601-4221 2,226.00 Total : 2,226.00 36812 5/20/2004 12664 MAJOR PUMPS AND CONTROLS 9898 REPAIR 2 SUMP PUMPS 15526 109-3304-4201 2,918.95 Total : 2,918.95 36813 5/20/2004 07060 MARKS, AARON 2201-15589 Travel Reimburse/Arson Investiga 001-2201-4317 756.71 Page: 6 vchlist Check Register 05/20/2004 5:03:33PM CITY OF HERMOSA BEACH Page: 7 Bank code: boa Voucher Date Vendor Invoice PO # Description/Account Amount 36813 5/20/2004 07060 MARKS, AARON (Continued) Total : 756.71 36814 5/20/2004 12689 MATTSON, KERRI 92520 Class Refund 001-2111 30.00 Total : 30.00 36815 5/20/2004 07827 MUTUAL PROPANE 078068 Propane Tank Replacement Parts • 715-3302-4311 387.52 Total : 387.52 36816 5/20/2004 10098 NEXTEL COMMUNICATIONS 269424317-02 Cell Phone Usage/April 2-5/01/04 001-2101-4304 1,071.23 Total : 1,071.23 36817 5/20/2004 04356 OSEKOWSKY, SHELDON 2201-15621 Mileage Reimburse/Fire Mechanic 001-2201-4317 74.09 Total : 74.09 36818 5/20/2004 00740 POSTMASTER, UNITED STATES 4601-03742 Postage/Summer 2004 Brochure 001-4601-4305 1,000.00 Total : 1,000.00 36819 5/20/2004 11934 POWER CHEVROLET 114975 Fuel Pump Module 715-2101-4311 333.39 Total : 333.39 •820 5/20/2004 12662 PRINCE ENTERPRISES, INC. 2004-3410 Parking Meters Stripping & Coating 15448 110-3302-9001 5,541.60 2004-3411 PARKING METERS SUPPLIES 15500 110-3302-4309 517.85 Total : 6,059.45 36821 5/20/2004 03353 S.B.C.U. VISA 05/12/04 Travel Expense/Tingley 001-2201-4317 16.16 3253 Airfare/J. Gomez 001-2201-4317 234.70 5812 Registration/J. Gomez 001-2201-4317 207.00 Page: vchlist Check Register Page: 8 05120/2004 5:03:33PM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice PO # Description/Account Amount 36821 5/20/2004 03353 S.B.C.U. VISA (Continued) 5994 *822 5/20/2004 12425 SAN DIEGO PRECAST CONCRETE 0099369 -IN 36823 5/20/2004 00321 SBC 36824 36825 36826 5/20/2004 12542 5/20/2004 09656 5/20/2004 08812 SHOOTERS CONNECTION, INC. SHRED IT CALIFORNIA 248 134-9454 331 254-6071 333 267 6161 333 267-6155 333 267-6160 333 267-6164 333 267-6165 51204 Employment Ad/Comm Service 001-1203-4201 452.75 Total : 910.61 TRASH/RECYCLE CONTAINERS 14723 117-5301-5499 Computer Hook-ups/April 04 0014201-4304 Computer Hook-ups/May 04 001-2101-4304 Circuit Billing/May 04 001-2101-4304 Circuit Billing/May 04 001-2101-4304 Circuit Billing/May 04 001-2101-4304 Circuit Billing/May 04 001-2101-4304 Circuit Billing -May 04 001-2101-4304 PISTOLS & MAGAZINES 8,063.54 Total : 8,063.54 10.59 57.58 59.35 188.02 59.35 50.61 50.61 Total : 476.11 15223 153-2106-5402 28,691.00 Total : 28,691.00 33330744 Document Destruction/May 04 001-2101-4201 95.00 Total : 95.00 SOUTH BAY REGIONAL PUBLIC COMM 200304371 Radio Equipment Maint/03/04 001-2101-4201 110-3302-4201 001-2201-4201 20,370.00 2,546.00 2,546.00 Page: 8 vchlist Check Register Page: 9 05/20/2004 5:03:33PM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice 36826 5/20/2004 08812 SOUTH BAY REGIONAL PUBLIC COMM (Continued) 36827 5/20/2004 00159 SOUTHERN CALIFORNIA EDISON CO. 3-014-9444-1 PO # Description/Account Amount Total : 25,462.00 Electric Billing/April 04 001-6101-4303 272.65 Total : 272.65 36828 5/20/2004 12687 SPENO, NICHOLAS 1204-15623 Citation Refund/1104002524 • 110-3302 10.00 Total : 10.00 36829 5/20/2004 04768 UPTIME COMPUTER SERVICE 18481 Printer Maint/June 04 715-1206-4201 619.52 Total : 619.52 36830 5/20/2004 11035 US LANDSCAPES, INC. 1864 LANDSCAPE MAINTENANCE 14519 001-61014201 208.00 1886 LANDSCAPE MAINTENANCE 14519 001-6101-4201 15,665.67 14519 105-2601-4201 675.00 109-3301-4201 250.00 1887 LANDSCAPE MAINTENANCE 14519 105-26014201 2,500.00 109-3301-4201 900.00 Total : 20,198.67 49831 5/20/2004 00015 VERIZON CALIFORNIA 310 372-6373 Fax Billing/Personnel/May 03 ) 001-1203-4304 27.36 372-6373 Fax Billing & New Service Charges 001-1203-4304 135.50 Total : 162.86 36832 5/20/2004 12690 YATES, DAVID 92575 Damage Deposit Refund 001-2111 36833 5/20/2004 01206 ZUMAR INDUSTRIES 0066059 Parking Signs 001-3104-4309 250.00 Total : 250.00 110.13 Page: 9 vchllst Check Register Page: 10 05/20/2004 5:03:33PM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice PO # Description/Account Amount 36833 5/20/2004 01206 ZUMAR INDUSTRIES 62 Vouchers for bank code: boa 62 Vouchers In this report (Continued) 0066116 Loading Zone Signs 001-3104-4309 80.83 Total : 190.96 Bank total : 182,489.39 Total vouchers : 182,489.39 Page: 10 I0 vchlist Check Register Page: 1 05/20/2004 7:16:45AM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice PO # Descrlptlon/Account Amount 36771 5/20/2004 00243 HERMOSA BEACH PAYROLL ACCOUNT 05152004 Payroll/5-1 to 5-15-04 001-1103 324,598.53 105-1103 7,013.40 109-1103 1,392.39 110-1103 35,318.88 • 117-1103 835.33 145-1103 1,434.01 152-1103 33.90 156-1103 2,771.59 160-1103 8,115.43 301-1103 5,211.26 705-1103 4,329.58 715-1103 8,817.70 Total : 399,872.00 1 Vouchers for bank code : boa Bank total : 399,872.00 1 Vouchers In this report • Total vouchers : 399,872.00 Page: 1 If vchlist Check Register Page: 1 05/27/2004 4:54:56PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice PO # Description/Account Amount 36834 5/27/2004 11437 36835 5/27/2004 12066 36836 5/27/2004 06827 36837 5/27/2004 12114 36838 5/27/2004 09965 36839 5/27/2004 07179 36840 5/27/2004 05179 36841 5/27/2004 09836 36842 5/27/2004 10260 ADMINISTRATIVE SERVICES CO-OP AIT ALL CITY MANAGEMENT ALL STATE POLICE EQUIPMENT CO. 40965 ALPHA OMEGA RESPIRATOR FIT 2004-5-605 169045 Dial A Ride Program/Dec 03 14542 145-3404-4201 2,509.30 172306 Dial A Ride Program/April 04 14542 145-3404-4201 2,845.30 Total : 5,354.60 4591 Toner & Ink Cartridges/May 04 715-1206-4305 333.58 Total : 333.58 1939 CROSSING GUARD SERVICES 14392 001-2102-4201 3,335.16 Total : 3,335.16 AMERICAN THEATER ARTS AT&T BAIERSKI, MARGUERITE L. BLACKMAN, JAMES 2004-5-608 92742 3103726373 4601-03747 92731 Pepper Gun Powder 154-2107-5402 250.06 Total : 250.06 Respiratory Equipment Annual Testing 001-2201-4201 382.50 31 Respirator Fit Test/4/04 001-2101-4201 697.50 Total : 1,080.00 Rental Deposit Refund 001-2111 500.00 Total : 500.00 Long Distance Fax/Personnel/May 001-1203-4304 22.16 Total : 22.16 Instructor Payment/8448/8449 001-4601-4221 2,457.00 Total : 2,457.00 Rental Deposit Refund Page: 1 vchlist Check Register Page: 2 05/27/2004 4:54:56PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice PO # Description/Account Amount 36842 5/27/2004 10260 BLACKMAN, JAMES (Continued) 001-2111 760.00 Total: 760.00 36843 5/27/2004 11076 BOSSONIS, ANDRONIKI 4601-03746 Instructor Payment/8583 001-4601-4221 558.60 Total : 558.60 .844 5/27/2004 10277 BRYANT, LARRY 1202-15675 2003 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 36845 5/27/2004 07109 BURT, ADAM 4601-03739 Instructor Pymnt Class #8638 & 86 001-4601-4221 527.80 Total : 527.80 36846 5/27/2004 00034 BUSINESS SYSTEMS CORPORATION 281277 2,500 Shift Exception Forms 001-2101-4305 470.31 Total : 470.31 36847 5/27/2004 00262 CALIFORNIA MARKING DEVICE 52172 Custom Stamp Made/5/04 001-4201-4305 67.12 Total: 67.12 36848 5/27/2004 07611 CARMEN'S UNIFORM 38168 MAGAZINE HOLDERS 410 15444 153-2106-5401 888.25 Total : 888.25 36849 5/27/2004 10547 CBM CONSULTING, INC. 256004 CONSTRUCTION MANAGEMENT 15115 301-8189-4201 13,911.00 Total : 13,911.00 36850 5/27/2004 00153 CINTAS CORPORATION 426424121 Uniform Rental - Apr 04 001-4202-4314 90.77 Total : 90.77 36851 5/27/2004 04715 COLEN AND LEE 1679 General & Auto Liability Claims 705-1209-4201 1,000.00 Page: 2 i3 whilst Check Register Page: 3 05/27/2004 4:54:56PM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice PO # Description/Account Amount 36851 5/27/2004 04715 COLEN AND LEE (Continued) Total : 1,000.00 36852 5/27/2004 12708 CROFT, DIANA 92780 Class Refund 001-2111 42.00 1111 92781 Class Refund 001-2111 3.00 Total : 45.00 36853 5/27/2004 11398 DEBILIO DISTRIBUTORS,INC 143805 Prisoner's Meals - Apr 04 001-2101-4306 119.12 Total: 119.12 36854 5/27/2004 09534 DELL MARKETING L.P. 750332497 DELL SERVER FOR WINDOWS 15580 001-2101-5402 5,398.03 Total : 5,398.03 36855 5/27/2004 00364 DEPARTMENT OF JUSTICE 471924 Pre-Emplmnt Fingerprint -Apr 04 001-1203-4201 128.00 Total : 128.00 36856 5/27/2004 12709 DIMON, JEFF 92740 Rental Deposit Refund 001-2111 267.50 Total : 267.50 6857 5/27/2004 12240 EIDENMULLER, WILLIAM C. 15674 2003 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 36858 5/27/2004 12700 EMERGENCY SERVICES RESTORATION 2344 EmergencySewer Clean Up/28th S 160-3102-4201 1,470.00 2392 Emergency Sewer Clean Up/28th F. 160-3102-4201 1,451.50 2455 Emergency Sewer Clean Up 28th 160-3102-4201 497.20 2456 Emergency Sewer Clean Up 28th 5 160-3102-4201 971.25 Total : 4,389.95 Page: 3 ILI vchlist Check Register 05/27/2004 4:54:56PM CITY OF HERMOSA BEACH Page: 4 Bank code: boa Voucher Date Vendor Invoice PO # Descriptlon/Account Amount 36859 5/27/2004 07585 EMPIRE CLEANING SUPPLIES 6320-A Video Inspection/Cleaning/4/22/04 160-8412-4201 3,709.50 Total : 3,709.50 36860 5/27/2004 07853 EMPIRE PIPE CLEANING & EQUIP 6320 Emergency Video Taping/4/29/04 301-8185-4201 875.00 Total : 875.00 0861 5/27/2004 07577 FIRE ENGINEERING 2201-15688 Magazine Subscription Renewal 001-2201-4315 19.95 Total: 19.95 36862 5/27/2004 08599 FOREL, DENNIS 4601-03736 Waiver of Facility Rental Fees 001-3406 500.00 92727 Rental Deposit Refund 001-2111 100.00 Total : 600.00 36863 5/27/2004 10959 FRED'S COLOR TILE 47062 Vinyl Flooring/Community Center 15391 001-4204-4201 1,500.00 Total : 1,500.00 36864 5/27/2004 12238 GAINES, TIM 4601-03748 Umpire Fees/May 2-3 & May 16th 001-4601-4201 120.00 Total: 120.00 0865 5/27/2004 12699 GE SECURITY 524959 Lock Boxes & Key 001-2113 1,202.65 Total : 1,202.65 36866 5/27/2004 12710 GONZALEZ, EILEEN DE ALVA 92673 Damage Deposit Refund 001-2111 250.00 Total : 250.00 36867 5/27/2004 08883 GOPHER SPORT 6964831 SUPPLIES FOR TEEN EXTREME 03672 001-4601-4308 856.54 Total : 856.54 Page: 4 15 vchlist Check Register Page: 5 05/27/2004 4:54:56PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice PO # Description/Account Amount 36868 5/27/2004 12311 GREMAUD, MARIE BAPTISTE 4601-03745 Instructor Payment/8697 001-4601-4221 Total : .6869 5/27/2004 12702 HEGNEY, DEAN 15650 CITATION REFUND #0500041356 110-3302 Total : 36870 5/27/2004 03131 HINDERLITER, DE LLAMAS & ASSOC 0019017 SALES TAX SERVICES/FY 03/04 14861 001-1202-4201 Total : 36871 5/27/2004 00735 HOFMANN & SON Permit # 480 Work Guarantee Refund - Permit # 001-2110 Permit # 482 Work Guarantee Refund - Permit # 001-2110 Permit # 486 Work Guarantee Refund - Permit # 001-2110 36872 5/27/2004 12468 HYDRA INDUSTRIES 406.00 406.00 65.00 65.00 900.00 900.00 1,600.00 1,600.00 1,600.00 Total : 4,800.00 127 CITY YARD CLEANING SUPPLIE 15481 001-4204-4309 297.83 Total : 297.83 •36873 5/27/2004 02458 INGLEWOOD WHOLESALE ELECTRIC 196345-00 197089-00 197093-00 Electrical Supplies/May 04 105-2601-4309 157.36 001-2021 2.96 001-2022 -2.96 Electric Supplies/May 04 105-2601-4309 470.80 001-2021 8.86 001-2022 -8.86 Electrical Supplies/May 04 105-2601-4309 479.35 001-2021 9.02 001-2022 -9.02 Page: 5 vchlist Check Register Page: 6 05/27/2004 4:54:56PM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 36873 5/27/2004 02458 INGLEWOOD WHOLESALE ELECTRIC (Continued) Total : 1,107.51 36874 5/27/2004 09493 JOHNSON, DIANE 4601-03741 Instructor's Pymnt Class # 8707 001-4601-4221 336.00 Total : 336.00 4875 5/27/2004 02474 JUCEVIC, EDMUND L. 15686 2003 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 36876 5/27/2004 00973 KARCHER, JEANETTE 1202-15682 2003 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 36877 5/27/2004 12712 KUSSMAUL ELECTRONIC CO. INC. 64273 Auto Battery Charger 715-2201-4311 675.37 Total : 675.37 36878 5/27/2004 07859 LACMTA 5040368 Bus Pass Sales / May 04 145-3403-4251 128.00 Total : 128.00 36879 5/27/2004 11065 LAOLAGI, ROSE 4601-03740 Instructor Pymnt Class . 001-4601-4221 1,638.00 Total 1,638.00 0880 5/27/2004 00167 LEARNED LUMBER B897589 Lumber Supplies/5/04 001-4204-4309 19.92 Total : 19.92 36881 5/27/2004 02175 LIEBERT, CASSIDY WHITMORE 44046 Legal Fees / POA Matter 001-1203-4201 1,135.00 Total : 1,135.00 36882 5/27/2004 07236 LITTLE CO. OF MARY HOSPITAL 0013838941 Patient Services/5/11/04 001-2101-4201 1,626.00 Total : 1,626.00 Page: 6 I1 vchlist Check Register Page: 7 05/27/2004 4:54:56PM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice PO # Description/Account Amount 36883 5/27/2004 07252 LYNN, ELEANOR 15672 2003 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 .884 5/27/2004 12704 MARSHALL III, WILLIAM J. 15643 Citation Refund #1804002133/Adm 110-3302 25.00 Total : 25.00 36885 5/27/2004 01911 MEDICAL INSTITUTE 484068 Pre Employment Medical Screenin 001-1203-4320 175.00 Total : 175.00 36886 5/27/2004 00956 MOHLER, VALERIE 885 Reimbursement For AirFare/Eden 001-1550 277.15 Total: 277.15 36887 5/27/2004 12568 MOMENI , PH.D., DAVID CIP-02-04/04 CONSTRUCTION MANAGEMENT 15330 301-8185-4201 5,200.00 Total : 5,200.00 36888 5/27/2004 08170 MUNICIPAL MAINT. EQUIPMENT 0028070 -IN Air and Oil Filters For Go -4's 715-3302-4311 131.32 Total : 131.32 .6889 5/27/2004 04573 PARKER, FRANCES 1202-15676 2003 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 36890 5/27/2004 10139 PARKING CONCEPTS INC. 285 0404 LOT A OPERATIONS 14446 109-3305-4231 10,577.38 9999-14447 ANNUAL OPERATIONS FY 03/04 14447 109-3304-4231 13, Total : 23,858.1280.753 36891 5/27/2004 12520 PEHA, LARRY 9999-15710 Work Guarantee Deposit Refund 001-2110 1,600.00 Total : 1,600.00 Page: 7 /B vchlist Check Register Page: 8 05/27/2004 4:54:56PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice PO # Description/Account Amount 36892 5/27/2004 00534 PHILLIPS, BRUCE 1202-15708 Insurance Overpmt thru May 04 001-2101-4188 378.28 001-2225 -74.76 Total : 303.52 36893 5/27/2004 09225 PUBLIC SECTOR EXCELLENCE 4202-15661 Relationship Workshop/M. Hedrick 001-4202-4317 145.00 • Total : 145.00 36894 5/27/2004 08837 REDONDO BEACH, CITY OF 92984 Gas Charges - Apr 04 715-2101-4310 508.49 715-3302-4310 27.47 715-4204-4310 10.40 715-4201-4310 54.87 715-4202-4310 4.89 Total : 606.12 36895 5/27/2004 02927 REGISTRAR -RECORDER 2085-J 11/4/2003 Election 001-1121-4251 25,368.62 Total : 25,368.62 36896 5/27/2004 05379 RICHARDS, WATSON & GERSHON 132255 Legal Re: Compact Cities/2/04 001-1131-4201 62.55 132257 Legal Re: Compact Cities/2/04 001-1131-4201 22.73 • 132893 Legal Re: Stop OiI/3/04 001-1131-4201 313.95 132894 Legal Re: Cable TV/3/04 001-1131-4201 136.50 132895 Legal Re: Code Enforcement/3/04 001-1132-4201 1,712.40 Total: 2,248.13 36897 5/27/2004 10837 S.C.A.C.E.O. 4201-15705 REGISTRATION/BOB ROLLINS 001-4201-4317 65.00 Total : 65.00 Page: 8 19 vchlist Check Register Page: 9 05/27/2004 4:54:56PM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice PO # Description/Account Amount 36898 5/27/2004 07228 SHAAL, ROBERT 15673 2003 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 6899 5/27/2004 12705 SILVER STAR PLUMBING, INC. Permit # 106 Work Guarantee Refund - Pemit # 001-2110 1,600.00 Total : 1,600.00 36900 5/27/2004 09737 SOLYMOSI, MARIE 203977 Bee Removal/5/04 110-3302-4201 85.00 Total : 85.00 36901 5/27/2004 00118 SOUTH BAY MUNICIPAL COURT 1204-15654 Citation Surcharge / Apr 04 110-3302 23,664.20 1204-156652 Citation Surcharge - Feb 04 110-3302 15,966.00 120445653 Citation Surcharge / March 04 110-3302 21,089.00 Total : 60,719.20 36902 5/27/2004 09955 SOUTH BAY PIPELINE 368 Repair Sewer Line/27Th & Hermosa 15122 160-3102-4201 4,950.00 Total : 4,950.00 06903 5/27/2004 08812 SOUTH BAY REGIONAL PUBLIC COMM 200304413 Cup Holders/Patrol Cars 715-2101-4311 397.82 200304441 Cup Holder/Patrol Car 715-2101-4311 25.98 Total : 423.80 36904 5/27/2004 12703 STOFFERS, VICKI 15646 Citation Refund # 1804002784/Adn 110-3302 25.00 Total : 25.00 36905 5/27/2004 08152 TANNER, CAROL 1202-15677 2003 Assessment Tax Rebate 105-3105 49.22 Total : 49.22 Page: 9 ao vchlist Check Register Page: 10 05/27/2004 4:54:56PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice PO # Description/Account Amount 36906 5/27/2004 12706 TOMCO CONSTRUCTION Permit # 503 Work Guarantee Refund - Permit # 001-2110 1,600.00 Total : 1,600.00 36907 5/27/2004 12707 URS CORPORATION Permit # 106 Work Guarantee Refund - Permit # 001-2110 1,600.00 Total : 1,600.00 •08 5/27/2004 01340 VERIZON CH62239 Reprogram Ext 247/May 04 001-4601-4305 175.00 Total : 175.00 36909 5/27/2004 00015 VERIZON CALIFORNIA 310 197-3683 Phone Billing/April 04 715-1206-4304 257.50 110-3302-4304 63.81 001-2101-4304 1,364.54 001-4204-4321 64.59 001-2201-4304 274.00 001-4601-4304 158.15 001-4202-4304 133.51 001-4201-4304 102.07 109-3304-4304 34.25 110-1204-4304 33.04 310 406-2421 Phone Billing/May 04 001-2101-4304 37.88 • 3101671756 JDIC/LASO Warrants / May 04 001-2101-4304 263.09 310PL00346 Circuit Line / May 04 001-2101-4304 41.50 Total : 2,827.93 36910 5/27/2004 03209 VERIZON WIRELESS -LA 1862840619 Cell Phone Usage/ May 04 001-2101-4304 234.88 Total : 234.88 36911 5/27/2004 10760 W EATHERLY, DIANA 15671 2003 Assessment Tax Rebate 105-3105 24.61 Page: 10 ai vchlist Check Register Page: 11 05/27/2004 4:54:56PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice PO # Description/Account Amount 36911 5/27/2004 10760 WEATHERLY, DIANA 36912 5/27/2004 12711 WEIKSSKER, INC., HERMAN 36913 5/27/2004 10703 WILLDAN 80 Vouchers for bank code : boa (Continued) 1141-15684 061-15350 Work Guarantee 001-2110 Labor Standards 140-8626-4201 Total : Refund/10172 24.61 1,600.00 Total : 1,600.00 Compliance/4/04 Total : Bank total : 80 Vouchers in this report Total vouchers : 305.00 305.00 200,617.18 200,617.18 Page: 11 ZZ vchlist Check Register Page: 1 06/03/2004 7:17:19AM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice PO # Description/Account Amount 36914 6/3/2004 00243 HERMOSA BEACH PAYROLL ACCOUNT 05312004 Payro11/5-16 to 5-31-04 001-1103 433,809.41 105-1103 9,201.99 109-1103 1,704.01 110-1103 48,536.26 41 117-1103 2,231.21 122-1103 5,590.51 145-1103 1,475.61 152-1103 21.07 156-1103 3,910.63 160-1103 10,458.67 301-1103 156.17 705-1103 3,944.88 715-1103 10,531.47 Total : 531,571.89 1 Vouchers for bank code : boa Bank total : 531,571.89 1 Vouchers in this report • Total vouchers : 531,571.89 Page: 1 a3 vchlist Check Register Page: 2 06/0312004 7:17:19AM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice PO # Description/Account Amount 'I hereby certify that the demands or claims covered by the checks listed on pagestp01-4 inclusive, of the check register for$a0 -6/6/04 are accurate funds are available for payment, and are in conformance to the budget' By • Date 6/4/04' Page: 2 June 1, 2004 Honorable Mayor and For the Meeting of Members of the City Council June 8, 2004 CANCELLATION OF CHECKS Please ratify the following request for cancellation of the check listed below: #35722 — 2/12/04 — Beach Corporation — $1,600.00 The check was issued to a recently dissolved corporation. The check was returned and upon receiving proof of dissolution and of new ownership, a new check was issued. Acct. # 001-2110 #36450 — 4/15/04 — Barbara St. John — $270.00 The check was requested in error. The check was returned by the payee. Acct. # 001-2111 #36859 — 5/27/04 — Empire Cleaning Supplies — $3,709.50 Wrong vendor used. The check was not mailed. Acct. # 160-8412-4201 Concur: Stephe *". Burrell, City Manager - ,, (GY Joihn M. Workman, City Treasurer Noted for fiscal impact: Viki Copeland, Finance Director i June 3, 2004 Honorable Mayor and Members of the Hermosa Beach City Council •Re'1/2 gYA Regular Meeting of June 8, 2004 L TENTATIVE FUTURE AGENDA ITEMS r JUNE 22, 2004 Adoption of 2003-04 Budget Finance Director Adopt resolution setting the FY appropriations limit Finance Director Public Hearing: Review delinquent refuse bills for the purpose of ordering said delinquent charges be placed on the property tax bill as a special assessment. The assessment would affect only those properties with refuse bills delinquent as of March 31, 2004. City Manager Results of Beach Drive Assessment District balloting City Manager Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of June 1, 2004. Community Resources Dept. Recommendation to receive and file the action minutes of the Planning Commission meeting of June 15, 2004. Community Development Director Activity Reports — May All Departments JULY 13, 2004 Recommendation to receive and file the action minutes of the Public Works Commission meeting of June 16, 2004. Public Works Director AUGUST 10, 2004 Recommendation to receive and file the action minutes of the Public Works Commission meeting of July 21, 2004. Public Works Director AUGUST 24, 2004 NO MEETING 2c JULY 27, 2004 Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of July 6, 2004. Community Resources Dept. Recommendation to receive and file the action minutes of the Planning Commission meeting of July 20, 2004. Community Development Director Activity Reports — June All Departments AUGUST 10, 2004 Recommendation to receive and file the action minutes of the Public Works Commission meeting of July 21, 2004. Public Works Director AUGUST 24, 2004 NO MEETING 2c • • -4 PUBLIC WORKS COMMISSION 6/�yy MEETING OF WEDNESDAY, MAY 19, 2004 COUNCIL CHAMBERS 1315 VALLEY DRIVE HERMOSA BEACH, CALIFORNIA 7:00 P.M. MINUTES The meeting was called to order at 7:05 p.m. 1. Roll Call Present: Commissioners Beste, Cheatham, Lombardo, Winnek Also Present: Richard Morgan, Director of Public Works/City Engineer Michael Flaherty, Public Works Superintendent Rhea Punneo, Administrative Assistant, Public Works Department Absent: Commissioner Applebaum 2. Flag Salute Commissioner Cheatham led flag salute. 3. Approval of Minutes Minutes were approved as published. 4. Public Comments Ed Hart, 419 Pier Avenue Recommended using the lot located West of the Marineland Mobile employees. Commissioner Cheatham advised that the location had been looked this area for parking. 5. Correspondence None 6. Items for Commission Consideration a. Pier Avenue Employee Parking Mr. Morgan presented the item, advising the Commission that this issue arose as a result of the installation of parking meters on Pier Avenue between Valley Drive and Hermosa Avenue. The new parking meter program will be up and running on Friday, May 21, 2004. Staff determined that it would be beneficial to receive public comments to hear the needs of business owners and their employees. Mr. Morgan noted that Redondo Beach has a program running in Riviera Village wherein parking permits are issued to the employers and permits are Homes for Hermosa Beach at the possibility of utilizing tracked as part of a•sessment. Pier Plaza near the beacas a parking permit already in place, but this is a different scenario since the entire area is metered and employees do not utilize public parking areas. Mr. Morgan presented a map of the existing un -restricted public parking in the upper Pier Avenue area. Business owners and employees who were present were given a copy of the map. Mr. Morgan reviewed each parking area on the map. It was noted Area 7 — Community Center Parking is not unrestricted but limited to 12 hours. In addition, Mr. Flaherty noted that a sign is posted on the East entrance on 11th Street, which states no parking from 2 a.m. to 6 a.m. Mr. Morgan also noted that Ardmore Ave. almost always has parking available in that area. Public comments included the following: Frank Hallstein, 555 Pier Avenue (Hermosa Lock & Safe) • Seal Beach had this program but terminated this program due to public dislike. • Cited late receipt or non -receipt of public notices. • Redondo Beach employee parking beyond the limit set by the meter. In the silver metered area it is for 2 hours. • Took a consensus among affected business owners about starting a Shuttle Service for their employees from 7 a.m. — 7 p.m. for upper Pier Avenue. Suggested that the business owners could pay for the service (buy a van) and employees could park along Valley Drive. He also suggested purchasing a cell phone so employees could call for pick-up. • Shuttle service could affect Farmers Market, Women Club and Little League. Mr. Morgan noted that the shuttle service idea has merit, especially at night. It wouldn't have to be dedicated to a certain lot but could be accessed anywhere. Ed Hart, 419 Pier Avenue (Maximus Salon) • Is opposed to permit parking for employees, as this would adversely affect customer parking. • Reiterated recommendation for utilizing area near Marineland Mobile Homes for parking spaces. Mr. Hart asked for clarification regarding this location. Mr. Hart noted that it is located near Area 9 on the parking handout. Mr. Morgan stated that there is excess right-of-way along the alley. Any parking behind the businesses is private property. Mr. Flaherty noted that the hillside is private property. Approximately 12 — 14 feet on the West side is public right-of-way bordering the Loma pave out. Mr. Morgan stated that he would make a point of investigating this area. Commissioner Winnek asked what how many parking spaces this area would yield. Mr. Morgan stated approximately 20 — 30 single parallel spaces. Joe Carrillo, 316 Pier (Fritto Misto) • Manager of Fritto Misto • At this location 3 years, 3 months. • Their employees are not allowed to park on Pier Avenue. • Opposed to employee permit parking as would further limit customer parking. • There are other areas to park. • Suggested designating a certain lot for employee parking. • Parking is an issue. Is partnering with other business to start a valet service for restaurants in the areas. • Suggesting limiting permit parking for the morning hours only. PWC Minutes 2 05/19/04 • Mr. Flaherty asked the usiness owners present if they knelt total number of employees and vehicles used in order to help match them with available parking. Mr. Beste added schedules would be helpful as well. Mr. Flaherty noted that, as an example, the City of Hermosa has 140 employees but only 60 parking spaces, which works due to employee shift rotations. Commissioner Lombardo asked Mr. Carrillo where they envisioned parking cars utilizing their valet service. Mr. Carrillo said they would use an area further out, such as the tennis courts. Mr. Morgan again requested that each business owner present take a copy of the handout designating current available parking. This could also be photocopied and handed out to customers. Discussion among the Commissioners noted the following: • More time needed to study this issue in order to effectively allocate parking without upsetting residents. • Investigate private property and possibly rent or lease spaces. • Do not wish to extend employee parking into residential areas. • Determine if Conditional Use Permits for businesses on Pier Avenue provide for employee parking. • Was suggested during recent election that could look into Hope Chapel parking lot and provide a shuttle service. • Parking on Pier Avenue should be reserved for customers. • Remote employee parking lots should allow for greater than 8 hour parking limits. • Civic Center parking not encouraged as an employee parking lot. • In remote parking areas, lighting should be determined to be adequate for security reasons. • Establish a way for Public Works to work with businesses in order to create a shuttle service • There may be interest in creating a permit -parking program within the Vons parking structure. The lot management firm would not want to be responsible for collecting fees and would want to be sure that there is flexibility within the agreement to decrease permits should their demand increase for parking. The morning hours are currently being under-utilized. • Consensus to not put employee permit parking on Pier Avenue. • Community Center parking is under-utilized in the evening hours. • Suggested that businesses team together to solve parking issues. For example, exchanging parking for those businesses that have opposite hours of operations. • Need for a sub -committee is not needed at this time. Mr. Morgan noted that he'd been in touch with the representative of the property management firm running the Vons shopping area and had so far received a positive response. He also noted that the permits would be collected through the City but they did not want to stifle any growth potential for the property. He also said that there are many spaces in that parking structure. Mr. Morgan offered his assistance to work with business owners in establishing a shuttle service. Also, will follow-up with change machines for parking meters. No motion was necessary on this issue. b. Removal of Eucalyptus Tree from Prospect Avenue between 4`" and 5th Streets, West Side PWC Minutes 3 05/19/04 • This item was presented in response to request from a proper owner who is building a home on the east side of the tree. He requested that this 100 -foot tree be removed as it would obstruct the view of the ocean. The property owner said it would be replaced with three agreed-upon trees at his own expense. The neighbor immediately adjacent to this tree was contacted and agreed that he would like this tree removed as it is causing damage to his property (concrete walkway, fence, branches in yard, etc.) Over the years, the City and the adjacent property owner have spent considerable amounts of money trimming the tree and removing branches that have fallen into the street or into the property owner's yard. Staff supports removal of this tree. Currently, City policy is that no tree that will grow to this size would be permitted to be planted in the public right-of-way. After investigation, Staff received correspondence from several residents opposing removal. Staff, therefore, invited the public to speak on this matter. Mr. Morgan noted that the department always considers the adjacent property owner's wishes. He also said that he believes the tree should be pruned back for safety purposes. Public comments included the following: Lee Metzenbaum, 436 Gentry • In favor of removing this tree. • Moved into the area in 1983 and at that time there were two trees at that location.. Subsequently, one was removed. • Feels the tree is a hazard — that it will fall over and injure some people and/or buildings. • Residence is one block away. • Lives adjacent to Park and likes the trees that are planted in there.. • Something more reasonable should be planted in that spot. Bill Belton, 1038 5"' St. • In favor of removing this tree. • Has lived on adjacent property since 1974. • Tree limbs and branches have dropped onto his property, have hit his home. • Tree is a constant source of aggravation. • Trimming has only recently taken place and has helped somewhat with falling branches. • One of the trees was on his property and leaned out over Prospect, which dropped a large branch into the street. He paid to have removed. • Twice he has had fallen branches removed from his yard. • Large amount of debris in his yard from this tree. • Damage to property — knocked down a retaining wall, lifted pavement, which damaged fence. • Since being trimmed, it no longer drops branches. • Unable to plant a garden, since roots from tree draw out all of the moisture from the soil. • Not against trees. Bob Sencer, 1041 4th • Opposed to removal of this tree. • Referenced his letter sent April 7th with signature of his neighbors. • Sympathetic to adjacent neighbor's plight. • Believes a balanced equity of benefits versus negatives should be considered. • Benefit includes shade and noise reduction. • Purchased his home in 1999 and the tree was key in consideration to purchase. PWC Minutes 4 05/19/04 • • Gloria Freeze. 444 & 446 Prospect Ave. • Opposed to removal of this tree. • Believes it was careless of City to allow tree to grow to this height. • Requested this tree been topped and pruned. • Moved into current residence in 1973 (446 resident also). Monica Riggs, 1035 4th • Opposed to removal of this tree. • Believes the beauty of this tree adds to the neighborhood. • Noted that neighbors at 1040 — Holmans and 1036 — Alonsos asked that their opposition also be voiced — noted letters sent to Staff. Toni Borunda, 444 Prospect Ave. • Opposed to removal of this tree. • What would replace the tree after removal? (Mr. Morgan — it will be replaced with three (3) trees from a list of approved trees.) • Likes that the trees obstruct views into yards of particular homes. Terry Bowes. 1045 4th St. • Opposes the removal of this tree for the view. • Tree is beautiful. Needs to be topped, trimmed and maintained. • Feels bad for neighbor. • Tree is a good sound barrier. • Purchased current property in 1970. • Does not want a precedence started with removing trees for views. Discussion among the Commission highlighted the following: • Trees have a certain lifespan, too Targe and need to remove. • Health of tree. • Who pays for the maintenance of this tree? Mr. Morgan — codes stated that unless planted by City, the adjacent property owner bears responsibility. • Sound absorption benefit and home for birds, etc. • Replacement of this tree with mature trees with foliage, not Queen Palms. • Eucalyptus trees are problematic. • Clarification of permit needed to alter/cut down a tree in the public right-of-way. • Site abatement issue. • Concern with nuisance at 1038 and cost to continue to maintain. • Question of where jurisdiction lies with this issue. • There is no budget for continual trimming and maintenance of this tree. Trimming only spurs growth. • Topping a tree is very expensive. • Explore issues to have developer (initiator of the request to remove the tree) to absorb the cost of topping. • Topping not resolving the issue of damage to adjacent property. MOTION by Commissioner Winnek to not take any action to remove the tree at this time. Seconded by Commissioner Lombardo. PWC Minutes 5 05/19/04 • AYES: Cheatham, Lombardo, Winnek • NAYS: Beste ABSENT: Applebaum ABSTAIN: None It was noted that this motion does not preclude Staff from further investigations and that this decision may be appealed at the City Council level. c. Request for Stop Signs, 8t° Place at Ocean Drive A resident requested via letter that stop signs be installed on 8th Place where it intersects Ocean Drive, converting the intersection from a two-way stop to a four-way stop. Sgt. Thompson of the HBPD concurs that this intersection should be a 4 -way stop. The stop signs would be installed to slow down traffic in this area where the street slopes steeply. The residents also requested speed humps but the grade is too steep for the humps. It was also noted that the location would not meet a warrant analysis for the four-way stop, which would include: Accidents - no accidents were recorded at this location; although residents have stated that there were accidents and near -accidents. Volume of traffic — is not significant enough to warrant a stop sign. Pending recommendation of the Commission, this item would then be submitted to Council for approval based on safety. Mr. Morgan explained that with the installation of traffic slowing devices, accidents might increase. With increased liability, warrants ensure that the City is on solid footing. However, Staff believes that conversion to a 4 -way stop would be a calming measure in this instance. Commissioner Lombardo cited instructions for public comment and opened the floor. David Kephart. 929 8th Place • Has been a resident since 1999 and initiated this request. • Speeding is a problem. • There are a lot of children on this block and safety is a concem. • Two residents in attendance have had accidents. • Collected signatures of residents from Ocean to Pacific Coast Highway and they are in agreement to the installation of this 4 -way stop sign. • Cited traffic traveling at speeds of 60 — 70 mph. • Have collected license plate numbers have not been very effective. • How soon can this measure be implemented? Greg Tucker. 850 8th Place • A resident on this street since 1982. • This is a small street off of Pacific Coast Highway. • Lots of small kids on this block. • A major safety issue for motorists and children. • Willing to pay for the stop sign. • Invited Commission to visit this area. Eric Ravl, 920 8th Place • Has lived on this street for 7 years. • Someone hit the curb and knocked bricks from a wall in front of his home. Did not report accident as insurance covered repairs costs and there were no injuries. • Believes that the stop sign would be a start. • Suggested placing red at the corner to remove increase visibility at the intersection. • Suggested speed bumps. PWC Minutes 6 05/19/04 • • Ellie Castro-Bordano, 940 8th Place • A resident since 1978. • Also involved in an accident. Believes if there had been a stop sign it could have been avoided. • Believes people ignore the existing stop signs on Ocean Drive. Patty Wegener, 945 5th Place • Works in the auto claims industry for last 24 years. • Has lived on this street for 10 years and over the last 3 years have seen a dramatic increase in speeders. • Concerned for her safety in her yard with the reckless speeding on this street. • Requested that stop signs be installed to bring a peace of mind to the residents. Betty Tucker • Has children and will not allow them to play in the front yard due to safety concerns. • Would like to be able to use front yard. • Believes that used car businesses nearby speed while test-driving vehicles in the area. • Believes a stop sign would be helpful. Lorena Duarte, 929 8th Place • Concerned about the safety of children on this street. • Please consider implementation of stop sign. Discussion among the Commission included the following: • Noted that they want this to be a four-way (all -way) stop. • A speed survey wouldn't help to determine the need — the perception of speed is greater than actual — one commissioner not comfortable that this location doesn't meet warrant criteria. • Could take out parking space to enhance visibility — not a popular option. MOTION by Commissioner Beste to support Staffs recommendation to install stop signs on 8th Place where it intersects with Ocean Drive. Seconded by Commissioner Winnek. AYES: Beste, Lombardo, Winnek NAYS: Cheatham ABSENT: Applebaum ABSTAIN: None Mr. Morgan noted that the installation of speed humps had been investigated but the steepness of the street precluded this action. Mr. Flaherty noted that parking is second only to trees as far as residents are concerned and suggested that the support of the those .owning the corner properties be obtained before any action is taken. Mr. Morgan reiterated that since this request does not meet warrant analysis, it requires Council approval. Residents may be notified to attend Council meeting to speak to this issue should this become necessary. PWC Minutes 7 05/19/04 • • 7. Commissioners' Reports Marquee Sub -Committee report by Commissioner Winnek. 1. The Marquee Sub -Committee has had discussions and following up on tracking down current owners in different cities with regard to cost, size, etc. 2. Suggestions for location of a new marquee include: facing east or moving to middle of Community Center. 3. Funding is being researched for a dual-purpose marquee. Department of Energy and Homeland Security have funds available. Department of Transportation also has some funds available. Department of Energy seems the best source as they have grants that continually review. Can't locate any state grants. 4. May bring this issue before Commission again for more time and help in bringing in businesses and Fire and Police Departments to assist in getting funds. 8. Council Minutes — 4/13/04.4/27/04; Agenda — 5/11/04 Receive and file all. 9. Items Requested by Commissioners Commissioner Cheatham inquired as to status of capital improvement projects for the next fiscal year. Mr. Morgan advised they are waiting for council direction. Mr. Morgan tanked Mr. Beste for his attendance at the Budget Workshop the previous evening. Commissioner Beste encouraged his fellow Commissioners to get involved in this area. He noted that they need to take this on and show support for Council developing additional funding sources. Mr. Morgan reported on the Final Pavement Study, which states that $14 million would have to be spent over 5 years to bring the streets to the critical PCI level. Staff believes this can be done for less than the recommended amount due to the uniqueness of the sand base under our streets. Mr. Morgan noted that they've had good results with overlays since sand provides sub -surface drainage and he believes that spending approximately $2 million/year over 5 years to improve the streets then approximately $1 million a year to maintain that condition. Mr. Morgan explained that breaking the City into five (5) zones is a plan of attack that would best solve Hermosa Beach's street repair. Each year we would rehabilitate all the streets in a zone. Commissioner Cheatham asked if the zones took into consideration the underground work to be done on most streets. Mr. Morgan answered yes, that will be a consideration. Commissioner Cheatham also wanted to alleviate the perception that streets were paved not solely due to resident's requests but that the Pavement Management Study and field investigation are used to make the final decisions. 10. Other Matters Mr. Flaherty announced that it is National Public Works Week. Congratulated Commission and invited them to attend the BBQ Pot Luck on the 209" at 11:30. It was noted that the Commission had received the official invitation. Commissioner Lombardo expressed that she is extremely proud of the Public Works Department. PWC Minutes 8 05/19/04 11. Public Comment None 12. Adjournment • • Chairman Lombardo adjourned the meeting at 8:56 p.m. to the meeting of June 16, 2004. CERTIFICATION I hereby certify that the foregoing minutes are a true and complete record of the action taken by the Public Works Commission of Hermosa Beach at the regularly scheduled meeting of May 19, 2004. Jean Lombardo, Chairman Richard D. Morgan, P.E., Secretary Date H:tB951PWFILES\PW Commissions nlnutesWilnutes 5-19-04.dcc PWC Minutes 9 05/19/04 • Honorable Mayor and Members of the Hermosa Beach City Council APPROVE BANNER EXCEPTIONS June 2, 2004 070y Regular Meeting of June 8, 2004 Recommendation: It is recommended that the City Council authorize hanging banners for the American Cancer Society and the Pancreatic Cancer Action Network. Summary: Both the American Cancer Society and the Pancreatic Cancer Action Network have requested to hang banners. Based on current City regulations, these charitable organizations are not eligible to hang banners in the City of Hermosa Beach. However, since both these organizations serve the greater South Bay area with the funds raised and the American Cancer Society in particular with their "Relay For Life of Beach Cities" (see attached information), it is felt that the local stipulation could be waived for these two organizations in this instance. At this time there are no conflicts for the locations and dates requested. Fiscal Impact: All required necessary fees and insurance would be paid as required. Attachment: Relay For Life Description Respectfully submitted, teLe_7— Michael Flaherty Public Works Superintendent Noted for fiscal impact: Viki Copeland Finance Director Concur: Richard D. organ, P.E. Director of Public Works/City Engineer Concur: Steph . $drre City Manager H:\B951PWEILES\CCITEMS\banner approvals 6f 2e Relay For Life is a fun -filled overnight event designed to celebrate survivorship and raise money for research and programs of your American Cancer Society. During the event, teams of people gather at schools, fairgrounds, or parks and take turns walking or running laps. Each team tries to keep at least one team member on the track at all times. Relay For Life represents the hope that those lost to cancer will never be forgotten, that those who face cancer will be supported, and that one day, cancer will be eliminated. Join a discussion about Relay For Life View the "Why We Relay" Video El What Is Relay? Teams come together to build community spirit, to honor loved ones and fight cancer — and have fun in the process. El Relay Online Depending on where you live, you may now be able to register and donate to Relay online. ©► Why Relay? Relay offers something for everyone, from the newly diagnosed, to caregivers and friends, to long-term survivors. ' How Did Relay Becithi More than 15 years ago, one man took it upon himself to raise money to support the efforts of the American Cancer Society. Today, it is the Society's largest event. ElJnvite a Friend to Join Help spread the fun! Invite someone to be on your Relay For Life team with one of our electronic postcards. ElStories of Hope See what cancer patients faced, how they fought, and what they learned about life and love in the process of becoming cancer survivors. In My Comgiunity _; Upcoming Events ► June 26 2004, Relay For Life of Beach Cities ► August 14 2004, Relay For Life of Hawthorne ► August 20 2004 Relay For Life of Baldwin Hills view all upcoming events This information is for ZIP Code 90254. Change Location to see this information for a different community or a different ZIP Code in this community. E How You Can Use the Relay Logo Online If you are interested in using the Relay For Life logo online to raise awareness in the fight against cancer, you may do so by reading and accepting the terms and conditions in our trademark user agreement. ❑► View the "Why We Relay" Video To view this streaming video file, you need the free RealOne Player or RealPlayer installed on your computer. If you don't have it, you can download it for free from Real's Web site. M Relay For Life of Beach Cities Read about this event and find out how to register. To find information on other events, refine your search. Volunteer for this event Event Information Description Relay For Life is a 24 hour celebration of hope, progress and answers. In honor of the millions of Americans who have survived cancer, teams of friends, families, and co-workers raise funds to support the continued fight against the disease. You can walk. You can run. You can Relay For Life. This is an American Cancer Society signature activity. Start date and time 6/26/2004 9:00AM End date and time 6/27/2004 9:00AM Agenda Saturday 6/26: Registration: 7:30 am Survivor Reception: 8:30 am Opening Ceremony: 9:00 am Survivor Lap: 9:30 am Luminaria Ceremony: 9:00 pm Sunday 6/27: Closing Ceremony: 9:00 am Additional Information Luminaria: Hope shines the brightest during the luminaria ceremony at Relay For Life. Each light honors someone who has battled cancer. Each light, laid out alongside the track and burning through the night, commemorates a treasured relationship. Luminarias light the path of hope. Luminaria are available for purchase through the local office, and onsite at the event. Rain contingency plans: Relay For Life goes; rain or shine. T-shirts: Participants who raise $100 receive a t -shirt. Other incentive prizes are available. T-shirts will be available at the local office, or onsite at the event. Intended Audience General Languages spoken at this event English Location and Contact Information Location Aviation Park 1935 Manhattan Beach Blvd Redondo Beach, CA 90277 ► See a map Contact L. LaShawndra Pace .1 • • Phone (310) 348-0356 Email Lashawndra.Pace@cancer.org Registration Information Registration deadline 6/26/2004 9:00AM Cost/registration fee $150.00 Cost/registration fee information Team commitment fee is required by teams for participation. Team members are also asked to raise at least $100. Survivors attending only for Survivor Lap can just show up; no fee required. Payments accepted American Express Cash Check Discover MasterCard Money Order Visa Check payable to American Cancer Society Memo line RFL of Beach Cities Mail check to American Cancer Society 5731 W Slauson Ave, Ste 200 Culver City, CA 90230-6534 Registration contact L. LaShawndra Pace Phone (310) 348-0356 Email Lashawnd ra. Pace @can ce r.org ACS Internal Event Id DOEE917FDFDBEOEB86256E1C000D201C _. June 2, 2004 Honorable Mayor and Members of Regular Meeting of the Hermosa Beach City Council June 8, 2004 PROPOSED STOP SIGN ON 8.91 PLACE AT OCEAN DRIVE Recommendation: It is recommended that the City Council authorize staff to install a stop sign on 8h Place at Ocean Drive Summary: Staff has received requests (see attached email) from residents of 8h Place to install stop signs on 8th Place at Ocean Drive. Ocean Drive already has stop signs at this intersection. The street slopes steeply toward PCH from Prospect Avenue and a stop sign would significantly help to slow traffic speeding down the hill. Additionally, there are sight distance problems for traffic entering 8Th Place from Ocean Drive and the stop sign on 8h Place will improve safety at this intersection. Sergeant Thompson is also very familiar with the location and recommends approval. At the May 19, 2004 meeting of the Public Works Commission a public hearing regarding this issue was held. All affected residents were noticed and many attended the meeting. All of those speaking to the issue expressed strong support for installing additional stop signs (see attached excerpts from meeting minutes). The Public Works Commission voted 3 -1 to support the installation. Staff concurs with this request, finds that it is in the interest of improving public safety and therefore recommends Council's approval. Fiscal Impact: The nominal cost of this installation is easily covered with budgeted Street Maintenance/Traffic Safety funds (001-3104-4309). Attachments: 1. Residents' Requests 2. Excerpts from PWC Meeting Minutes, 5/19/04 Respectfully submitted, die Richard Bilorgan, P.E. Director of Public Works/City Engineer Noted for fiscal impact: Viki Copeland Finance Director Concur: Stephen City Manager H:\B95\PWFILES\CCITEMS\8th PI stop 2f •J -PWCin * Mike Lavin Page 1 of 1 i From: Steve To: Mike Lavin Cc: Subject: FW: 8th. Place - between Ocean Drive and P.C.H Attachments: Sent:Tue 4/6/2004 1:52 PM Please contact this person and see what we can do. The Stop sign and speed bumps are items things that the PW Commission can deal those issues. Steve —Original Message— From: Eric Rayl [mailto:Eric.Rayl@UZNotes.com) Sent: Monday, April 05, 2004 5:49 PM To: Steve Cc: Greg Tucker; Lorena Duarte; Sixto Caceres; Dave Kephart Subject: 8th. Place - between Ocean Drive and P.C.H Mr Burrell, I have lived at 920 8th Place for the past 6+ years - across the street from David Kephart who recently sent you an e-mail outlining the neighborhood concems about the traffic on our street. I just want to concur with the points he made In his memo: 1. Our street would be much safer with the Installation of stop signs both east- and west -bound on 8th Place at Ocean Ave: I have been Involved in an accident at that comer and had several dose calls. 2. The smaller "speed bumps" that are In place on 9th Street would also be desirable and definitely should be included In any plans to resurface 8th Place between P.C.H. and Prospect. A further suggestion would be to have a motorcycle cop sit at the intersection of Ocean and 8th Place with a radar gun - from time -to -time there is one in the early morning at P.C.H. and 8th Place enforcing the "no left turn" but that is not as much of a concern as a speeding car that may Jump a curb and run over a child playing in a yard or walking along the sidewalk. I have had several bricks knocked out of a wall along the sidewalk where a car has hit It. We would appreciate any improvements you can make before someone Is seriously injured or killed by a speeding motorist. Sincerely, Eric W. Rayl 920 8th Place 310 318 9801 / J i �,�4sm u� TUM xoty MANY -J C,c... t�A S Wt MD i4T 71/5 /NY,E,esE or/c/t/' S Af— ...:%208th%20Place%20-%20between%200cean%20Drive%20and%20P.C.H.EML?Cmd=ope4/6/2004 ATTACHMENT Mike Lavin Page 1 of • • From: Steve To: Mike Lavin Cc: Subject: FW: 8th. Place - between Ocean Drive and P.C.H Attachments: Sent:Tue 4/6/2004 2:52 PM Mike, here is another letter on the 8th Street/Place. Please contact this person also and see what steps we can take. Steve --Original Message— From: Dave Kephart rmailto:DavidKngraphicvress1.comj Sent: Monday, April 05, 2004 5:14 PM To: Steve Cc: Eric Rayl; Greg Tucker, Lorena Duarte; Sixto Caceras Subject: 8th. Place - between Ocean Drive and Steve, I have lived at 929 8th. Place for just over five years. We spoke a few weeks ago regarding the undergrounding project in our neighborhood as well • as placing some stop signs at the top of our street at the intersection of 8th. Place and Ocean Drive. We have a major problem on our street with people constantly speeding up and down the hill and not paying attention, especially when they go through the intersection. I think most people not familiar with the intersection assume it is a 4 way stop and there are usually cars parked right up to the corner so there are several blind spots that add to the danger of this intersection. I have spoken with two of my neighbors that have been involved in accidents at the intersection and I have had many close calls, both in my car and walking. There are also quite a few children in our neighborhood and we are all constantly frustrated and worried that it is not safe for them to be in their own front yards or cross the street. Several other ideas we have discussed in our neighborhood is to install speed bumps, such as they have done on 9th. Street, east of Prospect, and limit turning from PCH onto 8th. Place. It seems as though there is an accident almost every week at this intersection, including a hit and run last week. I think because of the size and grade of our hill people assume they have to build up speed to make it up the hill or they are in a hurry and our street seems to be used as a major short cut, hopefully the speed bumps would help eliminate some of the traffic flow as well. Is there any possibility to limit the through traffic to residents only or limit it to a certain time frame. Mnet nfnc in the neiohhnrhnrvl have nlarM nnmernne rally to the nnlire ...:%208th.%20P1ace%20%20between%200cean%20Drive%20and%20P.C.H-2.EML?Cmd=o14/6/2004 • Page 2 of 2 • department to complain about the speeding and near accidents, but I feel if we can get a few of the items I have listed put into place it will help decrease the problems. I have spoken with Sergeant Thompson on several occasions about the problems and the concerns our entire neighborhood is experiencing and he bas been supportive and helpful but I strongly feel we need some additional help by proceeding with some of the things I have suggested. I would be happy to supply a list of neighbors and get their signatures to show their support of these items if needed. I look forward to hearing back from you soon. Thank you, David "Elvis" Kephart graphic press, Inc. 6100 Malt Avenue Los Angeles, CA 90040 Phone (323) 726-6100 Ext. 120 Fax (323) 722-1877 Cell (323) 6974193 <htto://www.graphicpressl.comi> ...:%208th.%20Place%20%20between%20Ocean%20Drive%20and%20P.C.H-2.EML?Cmd=o 4/6/2004 AYES: Cheatham, Lombardo, Winnek NAYS: Beste ABSENT: Applebaum ABSTAIN: None It was noted that this motion does not preclude Staff from further investigations and that this decision may be appealed at the City Council level. c. Request for Stop Signs, 8th Place at Ocean Drive A resident requested via letter that stop signs be installed on 8th Place where it intersects Ocean Drive, converting the intersection from a two-way stop to a four-way stop. Sgt. Thompson of the HBPD concurs that this intersection should be a 4 -way stop. The stop signs would be installed to slow down traffic in this area where the street slopes steeply. The residents also requested speed humps but the grade is too steep for the humps. It was also noted that the location would not meet a warrant analysis for the four-way stop, which would include: Accidents - no accidents were recorded at this location; although residents have stated that there were accidents and near -accidents. Volume of traffic — is not significant enough to warrant a stop sign. Pending recommendation of the Commission, this item would then be submitted to Council for approval based on safety. Mr. Morgan explained that with the installation of traffic slowing devices, accidents might increase. With increased liability, warrants ensure that the City is on solid footing. However, Staff believes that conversion to a 4 -way stop would be a calming measure in this instance. Commissioner Lombardo cited instructions for public comment and opened the floor. David Kephart, 929 8th Place • Has been a resident since 1999 and initiated this request. • Speeding is a problem. • There are a lot of children on this block and safety is a concern. • Two residents in attendance have had accidents. • Collected signatures of residents from Ocean to Pacific Coast Highway and they are in agreement to the installation of this 4 -way stop sign. • Cited traffic traveling at speeds of 60 — 70 mph. • Have collected license plate numbers have not been very effective. • How soon can this measure be implemented? Greg Tucker, 850 8th Place • A resident on this street since 1982. • This is a small street off of Pacific Coast Highway. • Lots of small kids on this block. • A major safety issue for motorists and children. • Willing to pay for the stop sign. • Invited Commission to visit this area. Eric Rayl, 920 8'h Place • Has lived on this street for 7 years. • Someone hit the curb and knocked bricks from a wall in front of his home. Did not report accident as insurance covered repairs costs and there were no injuries. • Believes that the stop sign would be a start. • Suggested placing red at the corner to remove increase visibility at the intersection. • Suggested speed bumps. PWC Minutes ATTACHMENT 2 05/19/04 • • Ellie Castro-Bordano, 940 8'" Place • A resident since 1978. • Also involved in an accident. Believes if there had been a stop sign it could have been avoided. • Believes people ignore the existing stop signs on Ocean Drive. Patty Wegener, 945 8th Place • Works in the auto claims industry for last 24 years. • Has lived on this street for 10 years and over the last 3 years have seen a dramatic increase in speeders. • Concerned for her safety in her yard with the reckless speeding on this street. • Requested that stop signs be installed to bring a peace of mind to the residents. Betty Tucker • Has children and will not allow them to play in the front yard due to safety concerns. • Would like to be able to use front yard. • Believes that used car businesses nearby speed while test-driving vehicles in the area. • Believes a stop sign would be helpful. Lorena Duarte, 929 8th Place • Concerned about the safety of children on this street. • Please consider implementation of stop sign. Discussion among the Commission included the following: • Noted that they want this to be a four-way (all -way) stop. • A speed survey wouldn't help to determine the need — the perception of speed is greater than actual — one commissioner not comfortable that this location doesn't meet warrant criteria. • Could take out parking space to enhance visibility — not a popular option. MOTION by Commissioner Beste to support Staff's recommendation to install stop signs on 8'" Place where it intersects with Ocean Drive. Seconded by Commissioner Winnek. AYES: Beste, Lombardo, Winnek NAYS: Cheatham ABSENT: Applebaum ABSTAIN: None Mr. Morgan noted that the installation of speed humps had been investigated but the steepness of the street precluded this action. Mr. Flaherty noted that parking is second only to trees as far as residents are concerned and suggested that the support of the those owning the corner properties be obtained before any action is taken. Mr. Morgan reiterated that since this request does not meet warrant analysis, it requires Council approval. Residents may be notified to attend Council meeting to speak to this issue should this become necessary. PWC Minutes 7 05/19/04 • Mayor and Members of the City Council • June 2, 2004 City Council Meeting June 8, 2004 ORDINANCE NO. 04-1241 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, CHAPTER 17.04 DEFINITIONS, AND CHAPTER 17.44 OFF-STREET PARKING, PERTAINING TO THE DEFINITION AND PARKING REQUIREMENTS FOR SNACK SHOPS." Submitted for adoption and waiver of full reading is Ordinance No. 04-1241, relating to the above subject. At the meeting of May 25, 2004, the ordinance was presented to the City Council for consideration, was amended as noted on the attachment, and was then introduced as amended by the following vote: AYES: Edgerton, Keegan, Reviczky, Tucker, Mayor Yoon NOES: None ABSENT: None ABSTAIN: None Elaine Doerfling, City Cler Noted: Stephen rrell, y Manager • • The following reflects the amendments that were made to the ordinance at the May 25 City Council meeting. Staff has lined through the text that was deleted, and underlined the text that has been added. 1. Section 17.04.050 Commercial Land Use Definition was amended as follows "Snack shop or snack bar means a retail establishment with 25 or less seats that is distinguished from a restaurant as it does not include waiter/waitress table service, except queuing, (intermittent delivery of purchased goods) and does not serve full meals or have a kitchen capable of serving meals but instead serves snacks or non- alcoholic beverages for consumption on the premises or for take-out usually -for ; specifically, items such as donuts and other baked goods, ice cream, yogurt, cookies, coffee, tea, and juices are considered snacks. and 19 2. Section 17.44.030(0) was amended as follows: "The parking requirements for a snack bar and or snack shop shall be the same as that for a restaurant, unless it can be shown to the Planning Commission that the characteristics of the building; its location, size and other mitigating factors such as limited service area relative to gross floor area and limited seating capacity result in less parking emand than for a restaurant use. In these cases the Planning Commission may consider the retail commercial requirement for parking, pursuant to Section 17.44.210 Parking Plans." 1 • • ORDINANCE NO. 04-1241 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, CHAPTER 17.04 DEFINITIONS, AND CHAPTER 17.44 OFF-STREET PARKING, PERTAINING TO THE DEFINITION AND PARKING REQUIREMENTS FOR SNACK SHOPS The City Council of the City of Hermosa Beach does hereby ordain as follows: SECTION 1. The Planning Commission held a duly noticed public hearing on February 18, 2003, to consider amending the Zoning Ordinance definition and parking requirements for snack shops to more clearly distinguish snack shops from restaurants. SECTION 2. The City Council held a duly noticed public hearing on January 27, 2004, to consider the recommendation of the Planning Commission to amend Sections 17.04.050 and 17.44.030(0) of the Zoning Ordinance pertaining to definition and parking requirements for snack shops and referred the matter back to the Planning Commission for further consideration. The Commission, after further deliberation, did not modify their original recommendation. The City Council again considered the original recommendation of the Planning Commission at the meeting of May 11, 2004 and continued the hearing to May 25, 2004 and directed staff to provide survey information about the operations of snack shops in the city and in adjacent cities. SECTION 3. The subject text amendment is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to the general rule set forth in Section 15061(3) of the CEQA Guidelines, as there is no possibility that these modifications to the Zoning Ordinance may have a significant effect on the environment. Section 4. Based on the evidence considered at the public hearing and the final recommendation of the Planning Commission after reconsideration the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17 -Zoning, be amended as follows: -1- • • 1. Amend Section 17.04.050 Commercial Land Use Definition to read as follows: 2 "Snack shop or snack bar means an establishment with 25 or less seats that is 3 distinguished from a restaurant as it does not include waiter/waitress table service, 4 except queuing, (intermittent delivery of purchased goods) and does not serve full 5 meals or have a kitchen capable of serving meals but instead serves snacks or non - 6 7 alcoholic beverages for consumption on the premises or for take-out; specifically, items s such as donuts and other baked goods, ice cream, yogurt, cookies, coffee, tea, and juices 9 are considered snacks." 10 11 2. Amend Section 17.44.030(0) to read as follows: 12 13 "The parking requirements for a snack bar and or snack shop shall be the same as that 14 for a restaurant, unless it can be shown to the Planning Commission that the 15 characteristics of the building; its location, size and other mitigating factors such as 16 limited service area relative to gross floor area and limited seating capacity result in less 17 18 parking demand than for a restaurant use. In these cases the Planning Commission may 19 consider the retail commercial requirement for parking, pursuant to Section 17.44.210 20 Parking Plans." 21 22 SECTION 12. Prior to the expiration of fifteen (15) days after the date of its adoption, the 23 24 City Clerk shall cause the summary to be published in the Easy Reader, a weekly newspaper of 25 general circulation, published and circulated in the City of Hermosa Beach. 26 SECTION 13. The City Clerk shall certify to the passage and adoption of this ordinance, 27 shall enter the same in the book of original ordinances of said city; shall make minutes of the 28 • • passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 8th day of June, 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, Califomia ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 25 26 27 28 • • June 2, 2004 Honorable Mayor and Members of The Hermosa Beach City Council v/- 6s'r/ .447707 Regular meeting of June 8, 2004 PUBLIC HEARING TO CONSIDER THE ADOPTION OF A RESOLUTION APPROVING THE ISSUANCE OF MOBILE HOME PARK REVENUE BONDS BY THE INDEPENDENT CITIES LEASE FINANCE AUTHORITY FOR THE MARINELAND MOBILE HOME PARK Recommendation: That the City Council adopt the subject resolution approving the issuance of Revenue Bonds for the purchase of Marineland Mobile Home Park by Millennium Housing of California, a California nonprofit corporation. Background: Millennium Housing of California, a California nonprofit corporation, is in the process of purchasing Marineland Mobile Home Park from the present owners. Millennium has purchased a number of mobile home parks in California, and operates them on a nonprofit basis. The program that they operate will allow the residents to buy the park from Millennium at a later date at a price set forth now. The program will allow all of the residents to stay in the park if they wish. The zoning and general plan designations stay the same as they are now. The only plans that they have for the park is to improve it and operate as a nonprofit corporation with a high level of input from the residents. The bonds that will be issued by the Independent Cities Lease Finance Authority will be paid back from the income from the rents collected in the park. The City of Hermosa Beach is not responsibility for the bond repayment. The City Council is involved in the transaction because the Internal Revenue Code of 1986 requires that the City Council approve the issuance of Independent Cities Lease Finance Authority revenue bonds. The revenue bonds are for a total of $8,000,000. And will be paid back over a 35 -year period. All bond repayments will come from the rents paid by the residents of the park. In addition, Millennium has made an offer to the residents that they may buy the park from Millennium at a set price for a period of 10 years. In our meeting with representative of Millennium and Authority staff, they explained that they have presented this program to the residents of the park and the residents welcomed the purchase of the mobile home park from the present owners. In order to qualify for the tax exempt financing, the park must continue to provide opportunities to residents on all income levels. This will be an ongoing responsibly of Millennium during the life of the revenue bonds. The financing team has provided draft documents that detail various aspects of the transactions if you are interested in reviewing them a copy in available in the office. 5a • • The residents seem to welcome this approach and perhaps, in the future, the residents, under the option that is provided by Millennium, can obtain the ownership. Again, there is not any risk to the City by approving the resolution and allowing the "private activity bonds" to be issued by the Independent Cities Lease Finance Authority on behalf of the Millennium Housing Corporation of California. Representatives of Millennium will be attending the meeting and will be available to answer any questions that you might have regarding the transaction. Respectfully submitted, Stephen R. Burrell City Manager • • MOBILE HOME PARK ACQUISITION PROGRAM I. Introduction Kinsell, Newcomb & De Dios ("KND") has been involved in the development of an affordable housing program through which mobile home parks are acquired by non- profit 501(c)(3) entities. KND has considerable experience with mobile home park projects and is very selective about the financings we underwrite. We look carefully at each proposed financing before agreeing to underwrite the bonds for that project. A description of the program and the due diligence we perform are listed below. The Program: The Benefits: II. Non-profit Purchase of Mobile Home Parks financed with Tax Exempt Bonds Mobile home park housing is the last bastion of affordable housing for many families and senior citizens. However, because residents own their homes but rent the space, they are vulnerable to space rent increases or changes in the land use. Many mobile home park residents cannot afford rent increases or alternative housing. 1. Since non-profit organizations have access to tax-exempt bond financing, a non-profit can borrow at the lowest possible interest rates. 2. Tax exempt bonds may be financed over a 35 -year period and therefore help to stabilize rents in the park over a long period. 3. Non -profits are able to provide additional services and benefits to park residents, thereby helping to maintain the park at 100% occupancy. 4. Non-profit organizations are often able to assist residents in purchasing their homes or with rental assistance 5. In the case of Marineland, a community that has no formal rent control or other rent protections will have an owner that will keep future rent increases to the minimum needed to cover increased costs and proper reserves. 6. Marineland will be operated with maximum resident input as to rules, improvements, budgets, etc. Residents will likely have an opportunity to purchase the park from the non-profit in the future. The Financing: Unlike unrated financings secured by land, mobile home park bonds are secured by historical cashflow. • Structure: Senior Series A, Subordinate Series B (if required) Mobile Home Park Acquisition Program Page 2 • Term: • Security for the Bonds: • Debt Service Reserve: • Other Reserves: • Ownership: • Issuer Contribution: bond • City Guarantees: 35 -Year Term Net Operating Revenues from the One Year's Debt Service Capital Reserve Fund (Funded at (amount determined by a physical Continued Funding from Cashflo Non -Profit Corporation None, in this case. The project Proceeds. None. Hermosa Beach is not the provides no guarantees of any backed solely by park revenues. Our underwriting process requires the following information: • Initially: • resident income information, • rent rolls, • past income and expense report (3-5 years). • To complete the financing: • an Physical Needs Assessment, • a Phase I Environmental report, • an appraisal. Park, Deed of Trust Closing) needs assessment) w is entirely funded with issuer of the bonds and kind. The bonds are In addition, we require the following underwriting criteria: • A debt service reserve fund covering one-year maximum annual debt service. • A Capital Reserve Fund, funded in the amount indicated by the physical needs assessment for immediate needs and for the next 10 years. The reserve is augmented by additional funding from cashflow on an annual basis. • Oversight by the following entities: an experienced management company; the non- profit owner, in this case a very experienced, local Southern California-based non- profit; and an independent oversight agent that reports directly to the Issuer. • Debt service coverage of the Series A Bonds (an amount that provides a cushion to the bonds) and an all in coverage if a subordinate bonds are required. The subordinate series has no foreclosure rights, but is only paid to the extent of available funds. • Full disclosure of the risks of the transaction to prospective bond buyers. • • RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING THE ISSUANCE OF MOBILE HOME PARK REVENUE BONDS BY THE INDEPENDENT CITIES LEASE FINANCE AUTHORITY FOR THE MARINELAND MOBILE HOME PARK WHEREAS, the Independent Cities Lease Finance Authority (the "Authority") is authorized pursuant to the provisions of California Government Code Section 52100 and the terms of the Joint Powers Agreement Creating the Independent Cities Lease Finance Authority (the "Authority"), to issue revenue bonds in accordance with Chapter 7 of Part 5 of Division 31 of the California Health and Safety Code for the purpose of financing multifamily rental housing projects, including mobilehome parks; and WHEREAS, the City of Hermosa Beach is an associate member of the Authority; and WHEREAS, Millennium Housing of California, a Califomia nonprofit corporation ("Millennium") has requested that the Authority issue mobilehome park revenue bonds in one or more series in an aggregate principal amount not to exceed $8,000,000 (the "Authority Bonds") for the purpose of providing financing for the acquisition of a 60 -unit mobile home park located at 531 Pier Avenue, Hermosa Beach, California, and known as Marineland Mobile Home Park (the "Project"); and WHEREAS, the Project will be owned by Millennium, or a successor, assign or affiliate thereof (the "Owner"); and WHEREAS, the Authority Bonds will be qualified "private activity bonds" for purposes of the Internal Revenue Code of 1986 (the "Code"); and 1 RVPUB\FJB\672131.1 • • WHEREAS, pursuant to Section 147(f) of the Code, the proposed issuance of private activity bonds is required to be approved by the "applicable elected representative" of the governmental unit having jurisdiction over the area in which the facility financed by such bonds is to be located, after a public hearing held following reasonable public notice; and WHEREAS, the Project is located in the City of Hermosa Beach (the "City") and the members of the City Council (this "City Council") are the applicable elected representatives of the City; and WHEREAS, there has been published, at least 14 days prior to the date hereof, in a newspaper of general circulation within the City, a notice that a public hearing regarding the proposed issuance of the Authority Bonds would be held on the date hereof; and WHEREAS, such public hearing was conducted on said date by this City Council, at which time an opportunity was provided to interested parties to be heard with respect to the proposed issuance of the Authority Bonds and financing of the Project; and WHEREAS, it is intended that this resolution shall constitute the approval of the proposed issuance of the Authority Bonds required by Section 147(f) of the Code; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hermosa Beach as follows: Section 1. Approval of Issuance of Authority Bonds. This City Council hereby approves the issuance of the Authority Bonds by the Authority. It is the purpose and intent of this City Council that this resolution constitutes approval of the Authority Bonds for the purposes of Section 147(f) of the Code. This City Council further finds 2 RVPUD\RIB \672131.1 • • that, based on information provided by the Owner, the financing of the Project by the Authority will result in savings in the costs of the Bond financing. Section 2. Effective Date. This resolution shall take effect immediately upon its passage. 3 RVPUU\F113\672131.1 Mobile Home Park Acquisition Program Page 2 • Term: • Security for the Bonds: • Debt Service Reserve: • Other Reserves: • Ownership: • Issuer Contribution: bond • City Guarantees: 35 -Year Term Net Operating Revenues from the One Year's Debt Service Capital Reserve Fund (Funded at (amount determined by a physical Continued Funding from Cashflo Non -Profit Corporation None, in this case. The project Proceeds. None. Hermosa Beach is not the provides no guarantees of any backed solely by park revenues. Our underwriting process requires the following information: • Initially: • resident income information, • rent rolls, • past income and expense report (3-5 years). • To complete the financing: • an Physical Needs Assessment, • a Phase I Environmental report, • an appraisal. Park, Deed of Trust Closing) needs assessment) w is entirely funded with issuer of the bonds and kind. The bonds are In addition, we require the following underwriting criteria: • A debt service reserve fund covering one-year maximum annual debt service. • A Capital Reserve Fund, funded in the amount indicated by the physical needs assessment for immediate needs and for the next 10 years. The reserve is augmented by additional funding from cashflow on an annual basis. • Oversight by the following entities: an experienced management company; the non- profit owner, in this case a very experienced, local Southem Califomia-based non- profit; and an independent oversight agent that reports directly to the Issuer. • Debt service coverage of the Series A Bonds (an amount that provides a cushion to the bonds) and an all in coverage if a subordinate bonds are required. The subordinate series has no foreclosure rights, but is only paid to the extent of available funds. • Full disclosure of the risks of the transaction to prospective bond buyers. EASY READER, INC. P.O. BOX 427 832 HERMOSA AVENUE HERMOSA BEACH, CA 90254 Ph: 310 372-4611 -- Fax: 310 318-6292 easyreader@easyreader.info PROOF OF PUBLICATION (2015.5C.C.P.) STATE OF CALIFORNIA, County of Los Angeles, I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above -entitled matter. 1 am the principal clerk of the printer of the BEACH PEOPLE'S EASY READER, a newspaper of general circulation, printed and published WEEKLY in the City of HERMOSA BEACH, County of Los Angeles, and, which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of October 24, 1972, Case Number SWC 22940, that the notice, of which the annexed is a printed copy (set in type not smaller that nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: May 20 ALL IN THE YEAR 2004 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signed at HERMOSA BEACH, CALIFORNIA, This 20th day of May, 2004 Beverly Morse, l'jincipal'•Clerk Proof of Publication of: CITY OF HERMOSA BEACH Notice — Council 6.8.04 - MMHP HD04-020 NOTICE OF PUBLIC HEARING BY THE CITY OF HERMOSA BEACH REGARDING THE ISSUANCE BY THE INDEPENDENT CITIES LEASE FINANCE AUTHORITY OF ITS MOBILEHOME PARK REVENUE BONDS TO FINANCE THE MARINELAND MOBILEHOME PARK PROJECT Interested parties please take notice that on June 8, 2004, a public heal Ing will be held by the City Council of the City of Hermosa Beach in th, Council Chambers located at the Hermosa Beach City Hall, 1315 Valle‘ Drive, Hermosa Beach, California, commencing at 7:30 p.m. or later witl respect to the proposed issuance by the Independent Cities Lease Finance Authority (the 'Authority') of Its mobilehome park revenue bonds in one o more series in the aggregate principal amount of approximately 88,000,001 (the 'Authority Bonds') pursuant to Chapter 8 of Part 5 o1 Division 31 of th' California Health and Safety Code. The City of Hermosa Beach Is an asso ciate member of the Authority. The proceeds from the sale of such Authority Bonds, if any are Issued, an Intended to be used to finance the acquisition and renovation of a 60 -un; mobilehome park known as Marineland Mobile Home Park located at 531 Pie Avenue, Hermosa Beach, California 90254 (the 'Project". Proceeds of th' Authority Bonds are expected to be used to make a loan to Millennium Housing of California, or a successor, assign or affiliate thereof, to finance the Project. This notice is intended to comply with the public notice requirements c Section 147(0 of the Internal Revenue Code of 1988, as amended. Any person may appear at the hearing and express his or her views regarc Ing the Project and the issuance by the Authority of the Bonds to finance th• Project. In addition, written comments may be submitted at any time prior to th hearing to the City Clerk of the City of Hermosa Beach. Any questions regarc Ing the hearing may be directed to the City Clerk City of Hermosa Beach, 131 Valley Drive, Hermosa Beach, California. Dated: May 20, 2004 Elaine Doerflind City Clerk of the City of Hermosa Beac ER May 20, 2004MD04-020 • June 1,2004 Honorable Mayor and Members of The Hermosa Beach City Council • 61/4747Y Regular Meeting of June 8, 2004 SUNSET CONCERT SERIES 2004 Recommendation Staff recommends that that Council: 1. Review and approve the Sunset Concert Series proposal (Attachment A). Background Donated Funds $10,000 Hawthorne Savings ATM on Pier Plaza $10,000 FW Magazine (Entertainment, Fashion) Pier Head Promotion July 17 The caliber of entertainment presented in previous years can be maintained for $20,000 with a venue of three concerts. Gerald Ishibashi of the Stonebridge production company has submitted a proposal that includes live musical performances by Richard Street of the Temptations, the Coasters, and cover music by the Stonebridge band.. In keeping with tradition, each concert begins at 6 PM on Sunday and continues until sunset. The series works best as a continuous line-up (consecutive weekends). As such, all dates selected for the series occur in August. The 4`11 of July weekend and AVP Tournament preclude utilization of dates in July. The south side of the Pier provides a picturesque venue location while accommodating both stage and production requirements. Attachment: Concert Series Proposal Respectfully submitted, Concur, Lisa Lynn Stephen R. Burrell Recreation Supervisor City Manager • • unset Conc!ett 5e'cies Sunday evenings at 6:00Inn on the south side of the ?Let /1ugust 1 eielmial &ttteet (fiotmetly of the demiptatlon3) malt dfji 4mvnatlon" et dba g" ditn t (leo ?toed GTO fieg" dljStt[" ?Papa Was apWing tone" Ostendotg orty (fie" Caue ofugust 8 TAe Coastetts cptt 450.6 eta ego( 5 c pll "yak, yak" ovt (fotton #9" "young poor" T/aatlle0Btown" 60dYtnatt dean" "(folson t1/2" Q'fugust 15 Stone f ttidge fiend longs from: o{atth Ws,ad5 (flu Septembet"at 5 (fam* &one ,Dance to the emote" Odes o fdYatch Wehtole "J)ave &Mason fee%Lr% (/*ltlplat" $tevle Wonder "2 Wish" toil movie ti ieat• coatta g€44444614 Defevatt444 315-0250 1 May 25, 2004 Honorable Mayor and Members of the Hermosa Beach City Council ere -c.)5->-?^-) Regular Meeting of June 8, 2004 UNDERGROUND UTILITY ASSESSMENT DISTRICT TEAM; BOND COUNSEL AND ASSESSMENT ENGINEER SERVICE AGREEMENTS FOR BAYVIEW ET AL PROPOSED ASSESSMENT DISTRICT Recommendation: That the City Council review and approve the agreements with Stradling, Yocca, Carlson & Routh, Bond Counsel, and David Taussig & Associates, Inc., Assessment Engineers, and direct the City Manager to execute the agreements on behalf of the City. Background: The City has been working with a number of resident groups that would like to have the overhead utility lines placed underground through the formation of assessment districts. As you know, the City assisted three other areas in this process and two of those districts have been completed. As the result of the efforts in one of the areas currently in the design phase, SCE and Verizon has completed the engineering and cost estimates for the Bayview Drive Project, which begins at Pier Ave and continues to 101° Street and Monterey Blvd West to Palm Drive. A map is attached that shows the proposed assessment district boundaries. The next step is to start the formal assessment district proceedings, which requires engaging the services of a bond counsel and assessment engineer. Both of the firms are well experienced in the formation of assessment districts. The bond counsel working with the City on the Beach Drive Assessment District and has provided bond counsel services on the other districts as well as other financings that the city has completed. The assessment engineer is presently working with the City on the Beach Drive Assessment District which will have the return of the ballots on the 6/22/04 City Council meeting. The cost for these services is paid from the assessment district and is part of the overall assessment that the property owner will have if the project proceeds. The bond counsel has proposed a cost of $20,000 for this district. The assessment engineering services are proposed to total $20,000 for this district plus reimbursement of certain expenses. This includes doing all of the notices, attendance at various meetings, mailings, assessment diagram, assessment spread, preparation of the records for recording, tax lien data and assistance in preparing an offering statement The Bayview District is comprised of 63 parcels. The total estimated cost for the district is $833,950 and this is based on the utility work and the cost of forming and financing the district. A copy of the handout prepared for the property owner meeting staff attended on 5/24/04 is also attached. It is proposed that this district also use the private bond placement approach for financing the project that we are using for the Beach Drive Assessment District as it will result in a lower cost to the property owners. Respectfully submitted, St en R. Burrell City Manager • • Bayview Assessment District The construction cost estimates are attached for your information. The next step following this meeting is to prepare a report for the City Council so that an assessment engineering company and bond counsel can be engaged to start the formal process. A report will be prepared for the June 8, 2004 City Council meeting. There are several assumptions that the attached cost estimates are based on which are important for each of you as property owners to keep in mind. Assessment Basis. The method of spreading the overall costs for the district used in the past is the front footage basis. This means that each property owner will pay a prorata share of the costs based on the width of the property. Individual Property Hookups. The costs shown do not include individual property hookups. Those that are now connected from underground to the electrical panel will not have this cost. The drawings produced by SCE are more precise than others done before and this should make it easier to complete the work than other districts that we have done. Construction Cost Estimates. These estimates are fairly good, but are subject to the rules that both SCE and Verizon operate under and will be adjusted to reflect the cost recovery that they follow for this type of work. The construction contingency will cover any reasonable adjustment. Construction Contractors. SCE and Verizon will directly employ the contractors to build the system. Private Placement. The costs related to bonds are based on a private placement which is the approach that the City used with the Beach Drive district. The approach provides a lower cost to the property owner by eliminating costs associated with the sale of bonds. This approach can be used on smaller districts such as this. Bonds are still issued and those that wish to pay cash may still do so. There are no cable TV costs as this area is already underground. Confirmed with Frank Diaz of Adelphia on May 24, 2004. Based on 63 parcels, the average cost is $13,237.30 (63 - $833,950 = $13,237.30) ESTIMATE Construction Related Costs Construction Estimate $638,950 SCE $334,200 Verizon $304,750 Contingency 64,000 Preliminary Engineering 38,000 SCE $25,000 Verizon $13,000 Inspection 30,000 Total $770,950 Formation Related Costs Bond Counsel 20,000 Financial Advisor 10,000 Assessment Engineer 20,000 Total $50,000 City Administration $5,000 Bond Trustee $5,000 Misc. fees, filings etc. $3,000 Total $13,000 Total Cost Estimate for Proposed District $833,950 There are no cable TV costs as this area is already underground. Confirmed with Frank Diaz of Adelphia on May 24, 2004. Based on 63 parcels, the average cost is $13,237.30 (63 - $833,950 = $13,237.30) BAYVIEW UNDERGROUNDING DISTRICT CITY OF HERMOSA BEACH DEPARTMENT OF PUBLIC WORKS JUNE 03, 2004 1NORTHCROSSIHILLIACH1 May 28, 2004 Viki Copeland Director of Finance City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 RE: Assessment District Formation and Financing (Bayview Drive) Undergrounding Utility Project Dear Viki: • Norlhcross, Hiil R Ach Tel. 41x.503.3403 Spe.cializiug in Public. Firanca Fax 41 .son 3431 10043 O'Reilly Avenue www.nhainc.ncl The Presidio San Francisco, CA 94129 We understand that the City of Hermosa Beach (the "City) is developing an assessment district for the purpose of providing a financing mechanism for the undergrounding of utilities. We also understand that this process was initiated by existing property owners within a specific area of the City. Northcross, Hill & Ach ("NHA") can provide the financial advisory services necessary to fund the assessment district project cost from either the issuance of assessment bonds to the public market or a private entity. Given the estimated size of the financing, both options are available to the City. NHA has extensive experience in assessment and special tax (land secured) financings. We have provided professional services to the City on past assessment projects and are also serving as financial advisor to the cities of Palmdale and Yuba City currently on assessment projects. Our services as financial advisor will include all debt service calculations, credit analysis preparation and market analysis necessary for the City to make a determination for selling the assessment bonds. NHA will also coordinate and complete any negotiations with the purchaser of the assessment bonds. NHA will charge a financial advisor fee of $5,000, which will include all out-of-pocket expenses The fee will be contingent on the successful closure and receipt of the funds. We appreciate the opportunity to work with the City again. Please let us know if there are any questions or additional information we can get you at this point in time. Sincerely, G. Craig Hill Principal Cc: Mark Northcross 'JUN -03-0.4 14:04 FROM -David Ta t I Associates DAVID TAusstc: & ASSOCIATES, INb.' Public Finance and Urban Economics 1301 Dove Street, Suite 600 Newport Beach, CA 92660 Tel (949) 955-1500 Fax (949) 955-1590 949-955-159 T-425 P.002/011 F-294 AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT is made and entered into this day of 2004, by and between the City of Hermosa Beach at 1315 Valley Drive, Hermosa Beach, CA 90254 herein after called "Client," and David Taussig and Associates, Inc. at 1301 Dove Street, Suite 600, Newport Beach, CA 92660, herein after called "Consultant." The Client and the Consultant in consideration of the mutual promises and conditions herein contained agree as follows. ARTICLE I TERM OF CONTRACT Section 1.1 This agreement than become effective on the date stated above and will continue in effect until the earlier of (i) that day when the services provided for herein have been performed or (ii) until terminated as provided in Article 6 below. ARTICLE II SERVICES TO BE PERFORMED BY CONSULTANT Section 2.1 Consultant agrees to perform the professional services for the Client and to deliver the work products to the Client as described in the Scope of Work statement attached as Exhibit "A" hereto. Such professional services and work products, as from time to time modified in accordance with Section 2.3 hereof, are collectively referred w as the "Consulting Services." Section 2.2 Consultant will determine the method, details and means of performing the Consulting Services. Consultants may, at Consultants' own expense, employ such assistance as it deems necessary to perform the Consulting Services required by Client under this Agreement. Consultants shall conduct research and arrive at conclusions with respect to their rendition of information, advice, recommendation or counsel independent of the control and direction of the Client, other than normal contract monitoring. All computer software (including without limitation financial models, compilations of formulas and spreadsheet models), inventions, designs, programs, improvements, processes and methods (collectively, the "Proprietary Models") used or developed by Consultant in performing its work is proprietary and shall remain property owned solely by, or licensed by a third party to Consultant. Client acknowledges and agrees that the consideration paid by Client herein only entitles Client to a license to use the hard copy or electronically transmitted reports generated pursuant to the Consulting Services and that any Proprietary Model that Consultant uses to generate such reports is owned by, or is duly licensed from a third party to Consultant and is not being provided to Client hereunder. Client acknowledges that Consultant may have used reports and analyses that Consultant authored for other clients as base works or templates for the reports and analyses prepared for Client pursuant to this Agreement, and Client acknowledges and agrees that Consultant has the right to use the reports and analyses that it authors pursuant to this Agreement as base works or templates for reports and analyses that Consultant authors for Consultant's other clients, provided, however that Newport Beach • Riverside • Sun Ramon JUN -03-04 14:04 FROM -David Taussig i Associates 411/ 840-855-1590 • T-425 P.003/011 F-284 Consultant shall not use any confidential information provided by Client in such future reports and analyses. Client acknowledges and agrees that Consultant has spent substantial time and effort in collection and compiling data and information (the "Data Compilations") in connection with the Consulting Services and that such Data Compilations may be used by Consultant for its own purposes, including, without limitation, sale or distribution to third parties; provided, however, that Consultant will not sell or distribute any of Client's confidential information that may be contained in such Data Compilations, unless such confidential information is used only on an aggregated and anonymous basis. Section 2.3 Any proposed changes in the Consulting Services hereunder shall be submitted to the other party hereto, and any such changes agreed to by the panics shall be reflected in an amendment to Exhibit "A" in accordance with Section 7.2 hereto. Section 2.4 Nothing in this Agreement shall give the Consultant possession of authority with respect to any Client decision beyond the rendition of information, advice, recommendation or counsel. ARTICLE III COMPENSATION Section 3.1 Client agrees to pay Consultant for its Consulting Services a professional fee computed according to the Fee Schedule attached as Exhibit "B" hereto. Section 3.2 The Client shall reimburse the Consultant for Consultant's out-of-pocket expenses plus a 15% administrative charge. Expenses chall include all actual expenditures made by Consultant in the performance of any Consulting Services undertaken pursuant to the Agreement, including, without limitation, the following expenditures: (a) Cost of clerical assistance a $35.00 per hour, including typing, collation, printing and copying, plus copier and photography costs, including photographic reproduction of drawings and documents. (b) Transportation costs, including mileage for the use of personal automobiles at the prevailing IRS standard rate, rental vehicles, lodging andregularly scheduled commercial airline ticket costs. (c) Courier services, facsimile, and telephone expenses. Section 3.3 On or about the first two weeks of each month during which Consulting Services are rendered hereunder, Consultant shall present to Client an invoice covering the current Consulting Services performed and the reimbursable expenses incurred pursuant to this Agreement and exhibits thereto. Such invoices shall be paid by Client within thirty (30) days of the date of each invoice. A 11% charge may be imposed against accounts which are not paid within 30 days of the date of each invoice. Section 3.4 The maximum total fee amount set forth in Exhibit "B" may be increased as a result of any expansion of the Consulting Services to be rendered hereunder pursuant to Section City of Hermosa Beach Assessment Engineering Consulting Services Page 2 June 3, 2004 JUN -03-04. 14:05 FROM -David Tait i Associates 2.3 or as provided in Exhibit "A" hereto. 948-955-1590• T-425 P.004/011 F-284 Section 3.5 Records of the Consultant's costs relating to (i) Consulting Services performed under this Agreement and (ii) reimbursable expenses shall be kept and be available to the Client or to Client's authorized representative at reasonable intervals during normal business hours. ARTICLE IV OTHER OBLIGATIONS OF CONSULTANT Section 4.1 Consultant agrees to perform the Consulting Services in accordance with Exhibit "A". Should any errors caused by Consultant's negligence be found in such services or products, Consultant will correct them at no additional charge by revising the work products called for in Exhibit "A" to eliminate the errors. Section 4.2 Consultant will supply all tools and instrumentalities required to perform the Consulting Services under the Agreement. Section 4.3 Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Consultant without the prior written consent of Client. However, Consultant may subcontract portions of the work to be performed hereunder to other persons or concerns provided Consultant notifies Client of the name and address of said proposed subcontractor and Client either consents or fails to respond to notification with respect to the use of any particular proposed subcontractor. Section 4.4 In the performance of its Consulting Service hereunder, Consultant is, and shall be deemed to be for all purposes, an independent contractor (and not an agent, officer, employee or representative of Client) under any and all laws, whether existing or future. Consultant is not authorized to make any representation, contract or commitment on behalf of Client. Section 4.5 Neither this Agreement, any duties or obligations under this Agreement, nor the intentions or expectations of Client will cause the Consultant to be a "public official" as that term is used in Section 87100 of Title 9 of the California Government Code. Client and Consultant agree that Consultant is not a "public official" or "participating in governmental decision" as those terms are used in Section 87100. The Client and Consultant also agree that no actions and opinions necessary for the performance of duties under the Contract will cause the Consultant to be a "public official" or "participating in a governmental decision" as those terms are used in Section 87100. ARTICLE V OTHER OBLIGATIONS OF CLIENT Section 5.1 Client agrees to comply with all reasonable requests of Consultant and provide access to all documents reasonably necessary to the performance of Consultant's duties under this Agreement with the exception of those documents which Exhibit "A" calls upon the Consultant to prepare. City of Hermosa Beath Assessment Engineering Consulting Services Page 3 June 3, 2004 ;UN -03-04 14:05 FROM -David Tia i Associates 949-955-159 T-425 P.005/O11 F-284 Section 5.2 Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Client without the prior written consent of Consultant. Section 5.3 Consultant frequently is retained by developers, landowners, and other persons and concerns interested in development projects which often eventually lead to the preparation on a contract basis by Consultant of preliminary tax spread models for government agencies to determine tax rates and other matters necessary to accomplish various improvements to realty for financing under a Mello -Roos or other financing programs. In light of the foregoing, Client will determine whether or not it is appropriate to conduct a "significant substantive review" or a "significant intervening substantive review" of Consultant's activities conducted pursuant to this Agreement as such terms are defined in Section 18700(c)h of Tide 2 of the California Administrative Code. Should Client elect to conduct such a substantive review, then Client shall determine whether it has sufficient expertise on staff to conduct such a review, and, if not, will retain an independent expert consultant to review Consultant's work. Thereafter, Client shall conduct such review, or cause such independent review to be conducted, prior to the making of any governmental decision relating to the matters contained within the Scope of Work described in Exhibit "A". The panics do not intend and nothing in this Section 5.3 is meant to imply that Consultant is a "public official," "participating in a governmental decision," or has a "financial interest" in the services provided as such terms are used in Section 87100 of Title 9 of the California Governmental Code. Section 5.4 Client, public agencies, landowners, consultants and other parties dealing with Client or involved in the subject development project referred to in Exhibit "A" will be . furnishing to Consultant various data, reports, studies, computer printouts and other information and representations as to the facts involved in the project which Client understands Consultant will be using and relying upon in preparing the reports, studies, computer printouts and other work products called for by Exhibit "A." Consultant shall not be obligated to establish or verify the accuracy of the information furnished by or on behalf of Client, nor shall Consultant be responsible for the impact or effect on its work products of the information furnished by or on behalf of Client, in the event that such information is in error and therefore introduces error into Consultant's work products. Section 5.5 Client agrees to defend, indemnify and hold Consultant harmless from and against all obligations, losses, liabilities, damages, claims, attachments, executions, demands, actions and/or proceedings (collectively, "Claims") and all costs and expenses in connection therewith, including reasonable attorneys' fees, arising out of or connected with the performance of Consultant's Consulting Services under this Agreement, except as may arise from Consultant's willful misconduct or gross negligence. In that regard, Client will indemnify and hold Consultant harmless from any Claims arising from, growing out of, or in any way resulting from, errors contained in data or information furnished by Client or Client's designee to Consultant for use in carrying out the Consulting Services called for by this agreement. If for any reason the indemnification under this Section 5.5 is unavailable to Consultant or insufficient to hold it harmless, then the Client shall contribute to the amount paid or payable by Consultant as a result of such loss, liability, damage, claim, demand, action or proceeding in such proportion as is appropriate to reflect not only the relative benefits received by the Client on the one hand and Consultant on the other hand but also the relative fault of the Client and Consultant as well as any City of Hermosa Beach Assessment Engineering Consulting Services Page 4 June 3, 2004 JUN -03-04 14:06 FROM -David Tai[ & Associates 948-955-1580 T-425 P.006/011 F-284 relevant equitable considerations; provided that Consultant's contribution obligations hereunder shall in no event exceed the amounts received by Consultant under this Agreement. Section 5.6 In the event that court appearances, testimony or depositions are required of Consultant by Client in connection with the services rendered hereunder, Client shall compensate Consultant at a rate of $250 per hour and shall reimburse Consultant for out-of-pocket expenses on a cost basis. ARTICLE VI TERMINATION OF AGREEMENT Section 6.1 Either party may terminate or suspend this Agreement upon thirty (30) days written notice. Unless terminated as provided herein, this Agreement shall continue in force until the Consulting Services set forth in Exhibit "A" have been fully and completely performed and all proper invoices have been rendered and paid. Section 6.2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party at its option may terminate this Agreement by giving written notification to the defaulting party. Such termination shall be effective upon receipt by the defaulting party, provided that the defaulting party shall be allowed ten (10) days in which to cure any default following receipt of notice of same. Section 6.3 The covenants contained in Sections 3.1, 3.2, 4.4, 5.3, 5.4, 5.5, 5.6 and all of Article VII shall survive the termination of this Agreement. ARTICLE VII GENERAL PROVISIONS Section 7.1 Any notices to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail. Mailed notices shall be addressed to the parties at the addresses appearing in the introductory paragraph of this Agreement, but each party may change the address by written notice in accordance with the first sentence of this Section 7.1. Notices delivered personally will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated as of two (2) days after mailing. Section 7.2 This Agreement and exhibits hereto supersede any and all agreements, either oral or written, between the parties hereto with respect to the rendering of service by Consultant for Client and contains all of the covenants and agreements between the parties with respect to the rendering of such services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement (including any exhibit hereto) will be effective if it is in writing and signed by the party against whom it is sought to be enforced. Section 7.3 If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless City of Hermosa Beach Assessment Engineering Consulting Services Page S June 3, 2004 • • :JUN -03-0A 14:06 FROM -David T IQ I Associates 949-955-159 7-425 P.007/011 F-284 continue in full force without being impaired or invalidated in any way. Section 7.4 Any controversy between the parties hereto involving the construction or application of any of the terms, covenants, or conditions of this Agreement will, on the written request of one party served on the other, be submitted to binding arbitration in accordance with the commercial rules and regulations of the American Arbitration Association and the provisions of the California Arbitration Act (Sections 1280 through 1294.2 of the California Code of Civil Procedure). The arbitration shall take place in Newport Beach, California, or such other location mutually agreed to by the parties. The arbitrator(s) shall be selected as follows: In the event that Consultant and Client agree on one arbitrator, the arbitration shall be conducted by such arbitrator. In the event Consultant and Client do not so agree, Consultant and Client shall each select an arbitrator and the two arbitrators so selected shall select the third arbitrator. If there is more than one arbitrator, the arbitrators shall act by majority vote. The parties may propose arbitrators from JAMS, ADR, ARC or any independent arbitrator/neutral for dispute resolution. The parties are not required to hire an AAA arbitrator for resolution of a dispute hereunder. The decree or judgment of an award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Section 7.5 The prevailing parry in any arbitration or legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' fees. The non -prevailing party shall be liable, to the extent allowable under law, for all fees and expenses of the arbitrator(s) and all costs of the arbitration. Section 7.6 This Agreement will be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, this Agreement has been executed on the date and year first above written. CONSULTANT: CLIENT: David Taussig & Associates, Inc. City of Hermosa Beach By: Date: By: Date: J:'PROPOSALVIDUIER.MOSA BEACH'BAYVIEW DRIVE AGREEMENT.DOC City of Hermosa Beach Assessment Engineering Consulting Services Page 6 June 3, 2004 JUN -03-044 14:07 FROM -David Taa i Associates 849-955-1591D T-425 P.008/011 F-284 EDIT A ASSESSMENT ENGINEERING CONSULTING SERVICES FORMATION OF AN ASSESSMENT DISTRICT BAYVIEW DRIVE PROJECT CITY OF HERMOSA BEACH SCOPE OF WORK Consultant will provide assessment engineering consulting services to the Client in association with the formation of and issuance of bonds for an assessment district to finance improvements to Bayview Drive and utility undergrounding. The following Scope of Work encompasses those tasks necessary for the formation of an assessment district pursuant to the 1913 Act and the issuance of bonds pursuant to the 1915 Act. Task 1 — Background/Data Research Consultant will obtain from City and review, as necessary, utility undergrounding plans, specifications, and cost estimates as well as a list of the Assessor's parcels and/or street addresses of the properties to be included in the assessment district. Consultant will also obtain County of Los Angeles Assessor's records and Assessor's parcel maps, compute frontage, and confirm existing land uses. This task includes preparation of a database and spreadsheet of all parcels within the assessment district. Task 2 — Preparation of Boundary Map and Assessment Diagram This task entails the preparation of a boundary map and assessment diagram based on the parcel configuration per the County Assessor's Map. Pursuant to the Streets and Highways Code the Assessment Diagram will make reference to the Assessor's maps for parcel dimensions. The map and diagram will be prepared to the standards required by the County of Los Angeles Recorder's Office for recordation. Task 3 —Assessment Lien and Financing Analysis Consultant will apportion the estimated utility undergrounding costs on the basis of frontage, provided Consultant concludes such methodology results in assessments which are proportional to the benefit received. Assessment lien amounts will be calculated assuming the issuance of bonds. Consultant will estimate bond term, issuance costs, capitalized interest, reserve funds as well as annual debt service, administrative expenses, and installment payments. Task 4 — Report Preparation Consultant will act as "Engineer of Work" in conformance with the Municipal Improvement Act of 1913 and prepare Preliminary and Final Engineer's Reports pursuant to the requirements of Section City of Hermosa Beach Assessment Engineering Consulting Services Page A.l June 3, 2004 1UN-03-04 14:07 FROM -David Tile I Associates 849-955-159 T-425 P.008/011 F-284 10204 of the Streets and Highways Code and Proposition 218. Consultant assumes that a petition pursuant to Section 2804 of the Streets and Highways Code will be submitted and the Majority Protest Act of 1931 will not apply. As required by law, the report shall contain the following: • Plans and specifications describing the general nature, location, and extent of the improvements proposed to be installed or acquired; • An estimate of the total costs, including construction, land, rights-of-way, easements, and incidental expenses in connection with the improvements; • The Assessment Diagram; • The proposed assessment of the total amount of the cost and expenses of the proposed improvements upon all parcels in the district in proportion to the benefits to be received by each parcel; • The proposed maximum annual assessment to be levied on each parcel in the district to pay costs associated with the administration and collection of assessments, the administration or registration of any associated bonds or reserve or other related funds; and • A description of the methodology and formula for apportioning the assessment. The apportionment methodology will assess parcels based only on the Special Benefit they receive from the improvements, as required by Proposition 218. Consultant shall produce the Final Engineer's Report in connection with the confirmation of the assessments by the City Council. This report shall include confirmed costs in place of the estimated costs listed in the Preliminary Engineer's Report and make any revisions requested by the City Council. Task 5 — Public Notices and Ballot Protest Procedure Consultant will print and mail notices and assessment ballots. Consultant assumes that bond counsel will draft the notice and ballot text. Task 6 — Meetings and Public Hearings Consultant will attend up to three meetings, which may include City Council meetings at which the Resolution of Intention is adopted and public hearing is held. Task 7 — Ballot Tabulation At the public hearing, Consultant shall tabulate ballots submitted by property owners to determine whether majority protest exists within the assessment district. This tabulation will be completed prior to the close of the public hearing, and the results will be provided to the City Clerk for inclusion in the public record. City of Hermosa Beach Assessment Engineering Consulting Services Page A.2 June 3, 2004 JUN -03-04• 14:08 FROM -David Ta & Associates Task S — Post -Formation Services 949-955-154 T-425 P.010/011 F-284 After confirmation of the assessments by the City Council, Consultant will provide the following services: 8.1: Mail the notice of cash collection. 8.2: Prepare paid and unpaid list and calculate new amount to bond, after the end of the thirty -day cash collection period. 8.3: Record the assessment roll and diagram with the County of Los Angeles Recorder's Office. Task 9 — Bond Issuance Assistance As requested, Consultant will assist Client in reviewing legal documents related to the issuance of bonds for the proposed assessment district. Consultant will also coordinate with bond counsel and underwriter to facilitate bond issuance, including preparation of overlapping debt and value to lien analysis for the official statement, if necessary. City of Ifersnosa Beath Assessment Engineering Consulting Services Page A.3 June 3, 2004 JUN -03-04 14:08 FROM -David Taussig I Associates 4111 949-955-1590 • T-425 P.011/011 F-284 EXHIBIT B ASSESSMENT ENGINEERING CONSULTING SERVICES FORMATION OF AN ASSESSMENT DISTRICT CITY OF HERMOSA BEACH FEE SCHEDULE The proposed Maximum Budget for the Scope of Work is $20,000 (plus expenses). In addition to fees for services, Client will reimburse Consultant for travel, photocopying, database services or materials, facsimile and telephone calls, clerical services, and other out-of-pocket expenses at Consultant's cost plus a 15% administrative fee, in an amount not to exceed $1,000. Consultant shall charge the following hourly rates for services related to the Scope of Work: President $165/Hour Vice President $160/Hour Director $150/Hour Manager $140/Hour Senior Associate/Engineer $125/Hour Associate $105/Hour Analyst $95/Hour Research Assistant $70/Hour At Client's request, services in addition to those identified in the Scope of Work maybe provided if the total fees to complete Tasks 1 through 9 are less than the Maximum Budget. ?AYMENT TERMS Monthly progress payments will be made by Client upon presentation of invoice by Consultant providing details of services rendered and expenses incurred unless Client desires to make other arrangements. In addition to fees for services, Client will reimburse Consultant for travel, photocopying, database services or materials, facsimile and telephone calls, clerical services, and other out-of-pocket expenses up to the amounts specified hereinabove. LIMITATIONS The proposed budget is based on certain limitations which include the following: • Client has chosen front footage as the desired allocation method; • The current landuses for all parcels to be included are similar in nature; • The Majority Protest Act of 1931 will not apply; and • A total of three meetings are anticipated. Any additional tasks assigned by Client, other than those specified in the Scope of Work or outside of the limitations listed above, shall be charged at the hourly rates listed above. City of Hermosa Beach Assessment Engineering Consulting Services Page 8.1 June 3, 2004 • • BOND COUNSEL AND DISCLOSURE COUNSEL AGREEMENT CITY OF HERMOSA BEACH BAYVIEW DRIVE ASSESSMENT DISTRICT FINANCING THIS AGREEMENT, made and entered into this 8th day of June, 2004, by and between the CITY OF HERMOSA BEACH, a municipal corporation (herein "City"), and STRADLING YOCCA CARLSON & RAUTH, a Professional Corporation (herein "Bond Counsel"); WITNES SETH: I. City desires to employ Bond Counsel to perform the legal services hereinafter mentioned in proceedings under the Municipal Improvement Act of 1913 with bonds to be issued under the Improvement Bond Act of 1915 for three assessment districts for the proposed undergrounding of power lines and telephone facilities in three areas within the City. IL City employs Bond Counsel to furnish, and Bond Counsel agrees to furnish, the following legal services: A. Attend meetings with the City staff, the assessment engineer, the City's financial advisor, if any, and the public utility representative, as may be necessary to structure the formation of the assessment districts. B. Preparation of all resolutions, notices, contracts (or review the contract with the public utility), and other legal papers and documents required for the formation of the assessment districts. • • C. Attendance at the hearings on the assessment districts and at such other City Council meetings at which any action in the proceedings is to be taken and attendance is requested. D. Work with the City staff in structuring the bond issue, prepare a debt service schedule, prepare all resolutions, bond forms, the continuing disclosure agreement, if required, and if the bonds are to be sold by competitive bidding, we will prepare the notice inviting bids. E. If an underwriter is to be selected, we will assist the City in selecting the underwriter and work with the City staff and the underwriter in structuring the bond issue. F. Examination of the proceedings, step by step, as taken. G. Prepare the closing documents and supervise the delivery of the bonds. H. The issuance of Bond Counsel's legal opinion upon the validity of the proceedings and the bonds issued to represent unpaid assessments, including an opinion that the interest on the bonds is tax exempt under federal and state tax laws. I. Prepare transcripts of the proceedings. For the services described in this paragraph, City agrees to pay Bond Counsel a fee of $25,000 for each assessment district and bond sale over $1,000,000, and $20,000 for each assessment district under $1,000,000. III. Bond Counsel will also act as Disclosure Counsel for the assessment districts that have bond issues in excess of $1,000,000. The services to be performed as Disclosure Counsel will including 2 • • gathering information regarding the bond issue, property within the assessment district, overlapping debt, City information pertinent to the bond issue and other material deemed necessary to provide disclosure to the bondholders in a preliminary official statement. Disclosure Counsel will prepare the preliminary official statement to be provided to the underwriter or prospective underwriters if competitive bids are to be received. Following the sale of the bonds, Disclosure Counsel will prepare the fmal official statement for distribution to the underwriter within seven (7) days of the sale. Our fee for service as Disclosure Counsel for each assessment district would be $15,000. IV. Notwithstanding the foregoing, if the two assessment districts which will have bonded indebtedness in excess of $1,000,000 are formed at the same time and bonds sold at the same time, our Bond Counsel fee will be $20,000 for each assessment district and our Disclosure Counsel fee will be $12,500 for each assessment district with a single Official Statement covering both bond sales. V. The above fees will be paid following the termination of the cash period if all assessments are paid in cash; provided, however, there would not be a fee as Disclosure Counsel. If bonds are issued, the above fees will be paid following the issuance of the bonds. In the event the proceedings are abandoned, Bond Counsel shall be paid a fee for all services rendered to that time, the amount of such fee to be based on the time expended on the proceedings at the hourly rate or rates of the attorney or attorneys in the firm doing the work; provided said fee shall not exceed the fees as determined above. 3 • • VI. The services listed in paragraphs II, III and IV hereof do not include any services in connection with the acquisition, by contract or condemnation, of any easements or other property necessary for the proposed work, any litigation, including any validating proceeding or any other work not described in paragraphs II, III and IV hereof. If any of this work is requested, the fee for this additional work shall be based on the time expended by the attorney or attorneys in the firm doing the work at said attorney's hourly rate. VII. In addition to the foregoing, City agrees to reimburse Bond Counsel for any out-of-pocket expenses incurred by us in the course of this employment for long distance telephone calls, fax, reproduction, travel at the City's request, and similar items. VIII. City agrees to furnish to Bond Counsel such maps, records, title searches, the assessment report and other documents and proceedings, or certified copies thereof, as may be required by Bond Counsel, in the performance of their service hereunder. IX. IN THE EVENT OF A DISPUTE REGARDING FEES, COSTS, OR ANY OTHER MATTER ARISING OUT OF OR RELATED IN ANY WAY WHATSOEVER TO BOND COUNSEL'S RELATIONSHIP WITH THE CITY, OR BOND COUNSEL'S OR THE CITY'S PERFORMANCE OF THIS AGREEMENT, INCLUDING THE QUALITY OF THE SERVICES WHICH BOND COUNSEL RENDERS, SUCH DISPUTE SHALL BE FIRST SUBMITTED TO MEDIATION, THE COST OF WHICH SHALL BE BORNE EQUALLY BY THE PARTIES, AND 4 • • RESOLVED BY CONFIDENTIAL ARBITRATION IN THE COUNTY OF ORANGE, CALIFORNIA. IN WITNESS WHEREOF, on the date first hereinabove written, Stradling Yocca Carlson & Rauth, Newport Beach, California, have caused this instrument to be executed on its behalf, and City has caused this instrument to be executed on its behalf by an authorized officer of the City Council. CITY OF HERMOSA BEACH By: Authorized Officer STRADLING YOCCA CARLSON & RAUTH A Professional Corporation By: 5