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08/09/05
"The difference between the impossible and the possible lies in a person's determination."i - Tommy Lasorda AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, August 9, 2005 - Council Chambers, City Hall 1315 Valley Drive Regular Session - 7:10 p.m. Closed Session - Immediately following Regular Session MAYOR CITY CLERK J. R. Reviczky Elaine Doerfling MAYOR PRO TEM CITY TREASURER Peter Tucker John M. Workman COUNCIL MEMBERS CITY MANAGER Sam Y. Edgerton Stephen R. Burrell Michael Keegan CITY ATTORNEY Art Yoon 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 CLERK 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 CERTIFICATE OF COMMENDATION GEOFFREY LITTLE CLOSED SESSION REPORT FOR MEETING OF JULY 26, 2005: NO REPORTABLE ACTIONS. 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. 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 the following minutes: 1) Minutes of the Adjourned Regular meeting held on July 12, 2005; 2) Minutes of the Regular meeting held on July 12, 2005; and, 3) Minutes of the Regular meeting held on July 26, 2005. (b) Recommendation to ratify check register and to approve cancellation of certain checks as recommended by the City Treasurer. 2 (c) Recommendation to receive and file Tentative Future Agenda Items. (d) Recommendation to receive and file the revised action minutes of the Public Works Commission meeting of July 20, 2005. (e) Recommendation to award a Professional Services Agreement to AAE, Inc. for providing City Traffic Engineering Services on a cost-plus basis not to exceed $20,000; authorize the Mayor to execute and the City Clerk to attest the Professional Services Agreement subject to approval by the City Attorney; and, authorize staff to negotiate an agreement with AAE, Inc. for services in the FY 2006-07. Memorandum from Public Works Director Richard Morgan dated August 1, 2005. (1) Recommendation to approve the Professional Services Agreement for construction inspection services between the City of Hermosa Beach and David Momeni, PhD, for a fee not to exceed $10,400; authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney; authorize the Director of Public Works to make minor changes to the professional services agreement as necessary within a contingency of $1,000; authorize the reappropriation of $99,885 from FY 04-05 for Project No. CIP 04-113 (account number 301-8113-4201); and, authorize the reappropriation and transfer of $10,475 to this project from Project No. CIP 04-115 20`h' St. Street Improvements (account number 301-8115-4201). Memorandum from Public Works Director Richard Morgan dated July 28, 2005. 3. CONSENT ORDINANCES a. ORDINANCE NO. 05-1252 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING CITYWIDE POSTED SPEED LIMITS." For adoption. Memorandum from City Clerk Elaine Doerfling dated July 27, 2005. 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. CONSIDER WHETHER TO CHANGE THE DESIGNATION OF THE PROPERTY AT 19 SECOND STREET TO R-3, SUBJECT TO A DEED RESTRICTION THAT WOULD LIMIT DEVELOPMENT ON THE PROPERTY TO ONE SINGLE-FAMILY RESIDENCE. (CONTINUED FROM THE JULY 12 CITY COUNCIL PUBLIC HEARING ON THE APPEAL OF PLANNING COMMISSION DECISION TO DENY THE GENERAL PLAN AMENDMENT AND ZONE CHANGE AND APPROVE THE CONDOMINIUM PROJECT SUBJECT TO CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT AND ZONE CHANGE AT 19 SECOND STREET. Memorandum from Community Development Director Sol Blumenfeld dated August 2, 2005. RECOMMENDATION: Direct staff as deemed appropriate in response to a modification in the applicant's request to place a deed restriction to limit the use of the property to a single-family dwelling (instead of the proposed two units), in exchange for the City granting the requested General Plan Amendment and Zone Change to R-3. b. CONSIDERATION OF NEW AND UPDATED CITY USER FEES, ADOPTION OF SCHEDULE FOR SEWER CONNECTION FEE, NEW ADMINISTRATIVE FEE FOR FAILURE TO DISPLAY PLACARD. Memorandum from Finance Director Viki Copeland dated July 15, 2005. RECOMMENDATION: 1. Hear public testimony regarding new and updated City user fees to recover costs of providing service; 2. Adopt the fees contained in the User Fee Study compiled by Maximus; 3. Adopt miscellaneous fees as updated by City staff (not included in the User Fee Study); 4. Add the existing Sewer Connection Fee to the master fee resolution and adopt the Los Angeles County Sanitation District schedule as the basis for the City's fee; 5. Adopt resolution amending the master fee resolution to include fees updated by the user fees study, updated miscellaneous user fees and adopting the Los Angeles County Sanitation District schedule for sewer connection fees; 6. Adopt resolution approving a new administrative fee pursuant to Vehicle Code 40226 for failure to display a placard and adding same to the Bail Schedule for Parking Violations. f 6. MUNICIPAL MATTERS a. REVIEW OF COMMERCIAL OUTDOOR DINING REGULATIONS — H.B.M.C. SECTION 12.16.090 —12.15.100 AND OUTDOOR DINING AND RETAIL SALES/DISPLAY REGULATIONS — PIER PLAZA AND LORETO PLAZA. Memorandum from City Manager Stephen Burrell dated August 4, 2005 RECOMMENDATION: 1. That the City Council review and approve the Outdoor Dining Guidelines; 2. That the City Council review and approve the Retail Sales/Display Guidelines; and, 3. That the City Council provide direction to staff on the implementation of the Retail Sales/Display Guidelines including a zone code text amendment. b. PROPOSED NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN TREYSPAN, INC. AND THE CITY OF HERMOSA BEACH. Memorandum from City Manager Stephen Burrell dated August 1, 2005. RECOMMENDATION: Approve non-exclusive franchise agreement with Treyspan Inc. to build and operate a wireless broadband service in the City. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER NONE S. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. DESIGNATE A VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. Memorandum from City Manager Stephen Burrell dated August 3, 2005. 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. NONE 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 July 26, 2005. 2. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Employee Organizations: Stephen Burrell Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Unrepresented employees 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: CITY MANAGER ADJOURN TO CLOSED SESSION RECONVENE TO OPEN SESSION ADJOURNMENT MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 12, 2005, at the hour of 6:02 P.M. ROLL CALL: Present: Edgerton, Yoon, Tucker, Mayor Reviczky Absent: Keegan (arrived at 6:05 p.m.) INTERVIEWS OF PLANNING COMMISSION APPLICANTS Pursuant to past procedure, the applicants were interviewed separately, apart from the others, with each Councilmember asking one question of each of the applicants. Recognizing that this was a public meeting open to any member of the public wishing to . observe the interviews, each of the applicants waited their turn and entered the room one at a time when called. It was noted that applicant Dency Nelson was unable to attend the interview. (Councilmember Keegan arrived at 6:05 p.m., during the questioning of Christine Hollander, the first applicant to be interviewed.) Coming forward to proceed with the interview process and respond to the individual Council questions were the following applicants: Christine Hollander Howard Fishman Bill Sigler Stephen Cannella R. Greg McNally, Jr. Ivan W. Mercer ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 12, 2005 at the hour of 6:59 p.m. to the Regular Meeting scheduled to begin at the hour of 7:10 P.M. 2 a(,) City Council Minutes 07-12-05 Page 11688 • • /0_5 - MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 12, 2005, at the hour of 7:14 p.m. PLEDGE OF ALLEGIANCE— Gary Brutsch ROLL CALL: Present: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky Absent: None ANNOUNCEMENTS — Councilman Yoon announced the Hermosa Beach Open volleyball tournament from July 22 to July 24. Mayor . Pro Tempore Tucker announced the 24-hour Relay for Life event to raise funds for cancer research at Aviation Park on Saturday, July 23 at 9:00 a.m. to Sunday, July 24 at 9:00 a.m., and to call Pat Love at 318-0119 for more information. Mayor Reviczky said he once again spent July 4 with the Police Department, who performed a magnificent job, and thanked the residents .and visitors for making this one of the tamest Independence Day holidays in recent memory. CLOSED SESSION REPORT FOR MEETING OF JUNE 28, 2005: No reportable actions. PUBLIC PARTICIPATION: 1., . ORAL AND WRITTEN COMMUNICATIONS There were no written communications. Coming forward to address the Council at this time were: Annie Seawright and Alison Stauber — representing the July 4 Ironman Committee, presented Ironman T-shirts to the Council and a donation check for $1,008.42 to the Hermosa Beach Education Foundation; Keala Smith — announced the inaugural Beach Cities Summer Spectacular fair at the Redondo Beach Performing Arts Center and Aviation Park to be held August 25-28; said admission was free with a Funpack for rides worth $27 sold in advance for $20 and, that, 10% of the profits would be given to the Hermosa Beach Education Foundation, said details could be found at www.beachcitiessummerspectacular.com;- Sam Perrotti. Hermosa Beach Art Walk, reminded everyone of the next Art Walk event on July 21 from 5-9 p.m. on upper Pier Avenue, said the two prior art walks had been very enjoyable and successful, with businesses reporting an increase in business; and Susan Blaco — Hermosa Beach Centennial Committee, announced the logo contest, noting that rules and entry forms were available at the City's Community Resources office with a deadline of August 15 for submission and the winner to be announced on September 1; said City Council Minutes 07-12-05 Page 11689a(2\ • • therewas also a History of Hermosa Beach art contest for children under 12 with the submission deadline of September 30 and the winners announced on October 15, noting that details of the Committee's activities were available at the Community Resources Department and in the e -newsletter section of the City's website. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (n), with the exception of item 2(j), which was withdrawn from the agenda by staff, and the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(g) Mayor Reviczky and (I) Keegan. Motion Edgerton, second Tucker. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE ADJOURNED REGULAR MEETING OF JUNE 1 AND THE REGULAR MEETING OF JUNE 14, 2005. Action: To approve the minutes of the Adjourned Regular Meeting of June 1 and the Regular Meeting of June 14, 2005 as presented. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NO. 31742 AND NOS. 40754 THROUGH 40875 INCLUSIVE, AS RECOMMENDED BY THE CITY TREASURER. 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 $5,000 FROM FRIENDS OF THE PARKS TO BE USED FOR THE LAWNBOWLING GREEN RENOVATION AND $8,000 FROM CHEVRON TEXACO TO BE USED FOR THE CHEVRON SURF CAMP. Memorandum from Finance Director Viki Copeland dated July 5, 2005. This item was removed from the consent calendar by Mayor Reviczky in order to acknowledge and thank the donors. Action: To accept the following donations to the City: - $5,000 from Friends of the Parks to be used for the Lawnbowling Green renovation; and - $8,000 from ChevronTexaco to be used for the Chevron Surf Camp Motion Mayor Reviczky, second Yoon. The motion carried by a unanimous vote. City Council Minutes 07-12-05 Page 11690 • • (e) RECOMMENDATION TO RECEIVE AND FILE NOTICE OF CLOSED CLAIMS. Memorandum from Personnel Director/Risk Manager Michael Earl dated June 30, 2005. (f) Action: To receive and file notice of closed claims. RECOMMENDATION TO APPROVE CONTRACT FOR CITY ADVERTISING (LEGAL AND DISPLAY ADS) WITH THE EASY READER NEWSPAPER AND APPROVE THE CONTRACT FOR A TERM OF THREE YEARS. Memorandum from City Clerk Elaine Doerfling dated July 7, 2005. Action: To approve the three-year contract for City advertising (legal and display ads) with the Easy Reader newspaper, as recommended. (g) RECOMMENDATION TO RECEIVE AND FILE THE REVISED ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF MAY 18, 2005 Action: To receive and file the revised action minutes of the Public Works Commission meeting of May 18, 2005. (h) RECOMMENDATION TO AUTHORIZE THE PURCHASE OF TWO TRANSPORT AMBULANCES FROM WHEELED COACH INDUSTRIES, INC. IN THE AMOUNT OF $211,087.50 AND APPROPRIATE FUNDS FROM THE EQUIPMENT REPLACEMENT FUND. Memorandum from Fire Chief Russell Tingley dated July 6, 2005. Action: To approve the staff recommendation to: (1) Authorize the purchase of two transport ambulances from Wheeled Coach Industries, Inc. in the amount of $211,087.50 and (2) Appropriate funds from the Equipment Replacement Fund. RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #060281 FOR A TWO -UNIT CONDO AT 706 MONTEREY BOULEVARD. Memorandum from Community Development, Director Sol Blumenfeld dated July 12, 2005. (i) Action: To approve the staff recommendation to adopt Resolution No. 05- 9406, entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 060281 FOR A TWO -UNIT CONDOMINIUM PROJECT LOCATED AT 7.06 MONTEREY BOULEVARD, HERMOSA BEACH, CALIFORNIA." (j) RECOMMENDATION TO AWARD PURCHASE OF ONE 2005 CHEVROLET SILVERADO TRUCK FROM WONDRIES FLEET GROUP OF ALHAMBRA, City Council Minutes 07-12-05 Page 11691 • • CALIFORNIA IN THE AMOUNT OF $27,284.87; AUTHORIZE STAFF TO REAPPROPRIATE FUNDS FROM BUDGET YEAR 04-05 FROM THE EQUIPMENT REPLACEMENT FUND FOR THIS PURCHASE; AUTHORIZE AN ADDITIONAL APPROPRIATION OF $1,035; AND, AUTHORIZE STAFF TO ISSUE THE APPROPRIATE PURCHASE DOCUMENTS AS REQUIRED. Memorandum from Public Works Director Richard Morgan dated July 5, 2005. City Manager Burrell said this item was being withdrawn from the agenda. Action: To remove this item from the agenda. (k) RECOMMENDATION TO REFER AN APPEAL OF EMPLOYEE RELATION OFFICER'S DETERMINATION ON REQUEST FOR UNIT MODIFICATION TO THE CITY'S CIVIL SERVICE BOARD FOR A HEARING AND FINAL DETERMINATION. Memorandum from Personnel Director/Risk Manager Michael Earl dated July 7, 2005. Action: To refer an appeal of employee relation officer's determination on request for unit modification to the City's Civil Service Board for a hearing and final determination, as recommended by staff. RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HERMOSA BEACH POLICE OFFICERS' ASSOCIATION. Memorandum from Personnel Director/Risk Manager Michael Earl dated July 7, 2005. This item was removed from the consent calendar by Councilmember Keegan for separate discussion later in the meeting and to state that he would be voting no on this MOU because it did not include random mandatory drug testing. (I) (m) Action: To approve the staff recommendation to adopt Resolution No. 05- 6408, entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH POLICE OFFICERS ASSOCIATION — POLICE OFFICERS AND POLICE SERGEANTS BARGAINING GROUP." Motion Yoon, second. Edgerton. The motion carried, noting the dissenting vote by Keegan. RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HERMOSA BEACH POLICE MANAGEMENT BARGAINING UNIT. Memorandum from Personnel Director/Risk Manager Michael Earl dated July 7, 2005. City Council Minutes 07-12-05 Page 11692 • Action: To approve the staff recommendation to adopt Resolution No. 05- 6407, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING A MEMORANDUM OF -UNDERSTANDING WITH THE HERMOSA BEACH POLICE MANAGEMENT BARGAINING UNIT." (n) RECOMMENDATION TO APPROVE THE AWARD OF CONTRACT TO DAVID TAUSSIG & ASSOCIATES, INC. IN THE AMOUNT OF $30,000 TO PROVIDE ASSESSMENT ENGINEERING SERVICES FOR THE BONNIE BRAE UTILITY UNDERGROUND DISTRICT; AWARD OF CONTRACT TO STRADLING YOCCA CARLSON & RAUTH IN THE AMOUNT OF $41,000 TO PROVIDE BOND COUNSEL SERVICES; AWARD OF CONTRACT TO NORTHCROSS, HILL & ACH IN THE AMOUNT OF $25,000 AS FINANCIAL ADVISORS FOR BOND SALES; AUTHORIZE THE CITY MANAGER TO EXECUTE THE ABOVE CONTRACTS ON BEHALF OF THE CITY; ANDS ADVANCE $30,000 FROM THE CONTINGENCY FUND TO THE BONNIE BRAE UTILITY UNDERGROUND DISTRICT TO FUND THE CONTRACT SERVICES OF DAVID TAUSSIG & ASSOCIATES. Memorandum from Public Works Director Richard Morgan dated July 6, 2005. Action: To approve staff recommendation to: (1) Approve the award of contract to David Taussig & Associates, Inc. in the amount of $30,000 to provide Assessment Engineering services for the Bonnie Brae Utility Underground District; (2) Award of contract to Stradling Yocca Carlson & Rauth in the amount of $41,000 to provide Bond Counsel services; (3) Award of contract to Northcross, Hill & Ach in the amount of $25,000 as Financial Advisors for bond sales; (4) Authorize the City Manager to execute the above contracts on behalf of the City; and (5) Advance $30,000 from the Contingency Fund to the Bonnie Brae Utility Underground District to fund the contract services of David Taussig & Associates. . At 7:32 p.m., the order of the agenda was suspended to go to public hearing item 5 (a). 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(g) and (I) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. . City Council Minutes 07-1,2-05 Page 11693 • s The meeting recessed at 8:40 p.m. The meeting reconvened at 8:59 p.m., with a re -opening of public hearing item 5(a). 5. PUBLIC HEARINGS a. APPEAL OF PLANNING COMMISSION DECISION TO DENY THE GENERAL PLAN AMENDMENT AND ZONE CHANGE AND APPROVE THE CONDOMINIUM PROJECT SUBJECT TO CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT AND ZONE CHANGE AT 19 SECOND STREET. Memorandum from Community Development Director Sol Blumenfeld dated June 21, 2005. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Attorney. Jenkins .also responded to Council questions. The public hearing opened at 7:55 p.m. Coming forward to address the Council on this item were: Steve Kaplan — property owners' attorney, said the Planning Commission did approve two new condos if the Council approved the General Plan Amendment and Zone Change; said nothing had changed in the two years since his clients had come before the Council; said he was hoping to convince the Council to approve the zone change to R-3; distributed three photos of the subject property and the two adjacent lots, noting that it would be necessary for the owners of all three lots to join together to accomplish a mixed-use project, which was not likely to happen; said the property had a residential use for 77 years and had a legal non -conforming use for the last 55 years; said the current C-1 zone can intensify the use of the site; Cindi Wells — property owner, described her experience as a business owner and said this site was not a good commercial location; said the owner of the small restaurant on the corner did not wish to expand; referred to a zone change on Tenth Street approved by the Council with very similar circumstances; said it was unlikely that the three lots would ever be owned by the same owner; noted that the surrounding properties were all residential; felt the best use was for two condominiums; Gary Brutsch — Hermosa Beach, said zoning was an invitation to build; said the Council had been trying to bring commercial to the south end of the City but it wasn't working; said the reason the property had not sold earlier was because it was not a good location for commercial and the situation needed to be corrected by re -zoning; Roger Creighton — Hermosa Beach, cited several cases of rezoning requests; said that small neighborhood businesses could be successful in a residential neighborhood but to force commercial upon residents who have consistently voted for more residential whenever there was an opportunity was the wrong thing to do; City Council Minutes 07-12-05 Page 11694 •. • Justin Beimforde — Hermosa Beach, suggested a good use for property in this neighborhood might be a child care center close to the beach since he felt the fastest growing demographic was three year olds; urged the Council to take a long-term view instead of spot zoning; said this might be a good place to help meet the State's mandated . low- income 'housing; The public hearing closed at 8:12 p.m. Proposed Action: To approve the General Plan Amendment and the Zone Change from C-1 to R-3. Motion Tucker, second Edgerton. The motion failed, noting the dissenting votes of Keegan, Yoon, and Mayor Reviczky. Proposed Action: To approve a zone change from C-1 to R-1. Motion Yoon. The motion was withdrawn after the City Attorney advised that the only two options were to keep the current zoning or rezone to R-3. Mr. Kaplan said if the property were re -zoned R-3, his clients would agree to a covenant on the property restricting it to one unit. At 8:37, the order of the agenda went to item 4, consent calendar items removed for discussion. The item was re -opened at 8:59 p.m. City Attorney Jenkins referred to Mr. Kaplan's proposal to place a covenant restricting development on the property to a single residence, which would be allowed by California law, and said the Council could continue the matter for 30 days to consider that possible solution since the final action of adopting a resolution had not been accomplished this evening. Action: To re -open and continue the public hearing to the meeting of August 9, with a re -notice of the item, for Council review and consideration of a covenant to restrict.the R-3 rezoning to a single-family residence. Motion Edgerton, second Yoon. The motion passed, noting the dissenting vote of Keegan. 6. MUNICIPAL MATTERS a. CITYWIDE SPEED SURVEY AND POSTED SPEED LIMITS. Memorandum from Public Works Director Richard Morgan dated July 6, 2005. Director Morgan presented the staff report and responded to Council questions. Coming forward to address the Council on this issue were: - City Council Minutes 07-12-05 Page 11695 • • Ray Abassi' — Traffic Engineer, responded to Council questions, said he did not have statistics about the number of traffic tickets challenged when speed limits were lower than studies indicated; emphasized that a posted speed limit is only for optimum conditions and that, depending on conditions, a posted speed limit could be unsafe; answered questions raised by the Council regarding various sections of streets for which speed limits had been recommended; and Roger Creighton — Hermosa Beach, said the vehicle code provides for a "safe route to school" because the school zone may only extend a certain distance from the school and this concept must be taken into account. Action: (1) To leave all speed limits the same as they currently are except Ardmore from Gould Avenue to 21st Street where. the traffic engineer recommended a change from 35 mph to 30 mph; (2) To continue the item and direct staff to make findings for rejecting or accepting the traffic engineers recommendations; and (3) Take into account the concept of a "safe route to school" in making the findings. Motion Mayor Reviczky, second Edgerton. The motion carried by a unanimous vote. b. ALTERNATIVE ORDINANCE FOR THE CONSIDERATION BY THE VOTERS FOR CONTROLLING IMPROVEMENTS ON THE GREENBELT AND ON THE BEACH. Memorandum from City Manager Stephen Burrell dated July 7, 2005. Supplemental fax from Gary Brutsch received July 12, 2005. City Manager Burrell presented the staff report and responded to Council questions. Subcommittee members Mayor Reviczky and Councilmember Keegan presented a subcommittee report. City Attorney Jenkins, who also attended the subcommittee meeting along with the City Manager, discussed the proposed alternative ordinance and responded to Council questions. Coming forward to address the Council on this issue were: Roger Creighton — Hermosa Beach, said the initiative was not intended and cannot be used to usurp any of the City's administrative policies but only to address the second bike path and additional parking on the greenbelt; and Gary Brutsch — Hermosa Beach, agreed on the intent of the initiative; said although the City Attorney has expressed concern that ambiguity regarding repairing storm drains, rest rooms, etc. could be a problem, attorneys that he has talked to say those concerns are not an issue. Proposed Action: To place the alternative ordinance prepared by the City Attorney on the ballot. Motion Yoon, second Keegan. The motion was withdrawn when the following was proposed as a substitute motion. City Council Minutes 07-12-05 Page 11696 Action: To oppose the initiative rather than place a competing measure on the ballot. Motion Tucker, second Tucker. The motion carried, noting the dissenting vote of Mayor Reviczky. 7. MISCELLANEOUS ITEMS AND REPORTS CITY MANAGER a. APPOINTMENT TO SOUTH BAY WORKFORCE INVESTMENT BOARD — MS. JANICE WEBB OF CITIBANK. Memorandum from City Manager Stephen Burrell dated July 6, 2005. City Manager Burrell presented the staff report and responded to Council questions. Action:. To accept the re -nomination of Ms. Janice Webb of Citibank to be re -appointed to serveon the South Bay Workforce Investment Board as the representative of the Hermosa Beach private sector for a 4 -year term from July 1, 2005 through June 30, 2009, as recommended by staff. Motion. Edgerton, second Tucker. The motion carried by a unanimous vote. . PARKING CASH KEY PROGRAM — RESIDENTIAL DISCOUNT. Memorandum from City Manager Stephen Burrell dated July 7, 2005. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve a 15% percent cash key discount for residents, with a review in six months. Motion Tucker, second Keegan. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. BOARDS AND COMMISSIONS — . APPOINTMENT TO PARKS, RECREATION & COMMUNITY RESOURCES ADVISORY COMMISSION.. Memorandum from City Clerk Elaine Doerfling dated July 6, 2005. Action: To appoint Christine Hollander toy a four-year term ending June 30, 1999. Motion Keegan, second Mayor Reviczky. The motion carried. Further Action: To appoint Stephen Cannella to a four-year term ending June 30, 1999. . Motion Yoon, second 'Edgerton. The motion carried. Further Action: To, appoint Bill Sigler to a four-year term ending June 30, 1999. Motion Edgerton, second Tucker. The motion carried. City Council Minutes 07-12-05 Page 11697 9. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Pro Tempore Tucker to set a policy to require anyone building a basement to sign and, record a waiver acknowledging the potential of flooding of the area. Memorandum from City Manager Stephen Burrell dated July 7, 2005. Mayor Pro Tempore Tucker spoke to his request, stating that a waiver is currently required for condominiums but not for single-family residences. City Manager Burrell responded to Council questions. Action: To direct staff to bring back an amendment with the appropriate language to make this part of the building permit process for all development, not just part of the discretionary permit process. Motion Tucker, second Edgerton. The motion carried by a unanimous vote. Councilmember Edgerton requested that the meeting be adjourned in memory of Tamara Marchant, a Hermosa Beach resident who passed away June 27 due to a brain tumor. He said she leaves behind her husband and three children, and expressed condolences to her family. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. APPROVAL OF MINUTES: a. Closed Session meeting held on June 14, 2005; and b. Closed Session meeting held on June 28, 2005. 2. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Unrepresented employees 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: CITY MANAGER City Council Minutes 07-12-05 Page 11698 i • ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 12, 2005, at the hour of 10:35 p.m. to 'a closed session. RECONVENE TO OPEN SESSION — The Closed Session convened on Tuesday, July 12, 2005, at the hour of 10:45 p.m. At the hour of 10:58 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 in memory of Tamara Marchant on Tuesday, July 12, 2005, at the hour of 10:59 p.m. to the Regular Meeting of July 26, 2005, at 7:10 p.m. City Council Minutes 07-12-05 Page 11699 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 26, 2005, at the hour of 7:13 p.m. PLEDGE OF ALLEGIANCE Carla Merriman ROLL CALL: Present: Keegan, Tucker, Yoon, Mayor Reviczky Absent: .Edgerton arrived at 8:15 p.m., during item 5(b). ANNOUNCEMENTS — Mayor Pro Tempore Tucker said that the Relay for Life, a 24- hour event over the past weekend, had been a moving and successful fundraiser for cancer research; thanked Von's for donating $30,000. He then said that the AVP volleyball tournament had been a great event, and referred to an article in the Daily Breeze regarding median home prices, which stated that the value of homes in Hermosa Beach had increased 42.8% in the last year. Mayor Reviczky asked that the meeting be adjourned in memory of John Snyder, a long-time Hermosa Beach resident and member of the Sister Cities Association, and Merle Fish, a long-time Hermosa Beach resident, Kiwanian, and former member of the Parks, Recreation, and Community Resources Advisory Commission. CLOSED SESSION REPORT FOR MEETING OF JULY 12, 2005: No reportable actions. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no oral or written communications. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (m), with the exception of the following items, which were removed for discussion in, item 4, but are shown in order for clarity: 2(k) and (I) Tucker. Motion Yoon, second Tucker. The motion carried, noting the absence of Edgerton. (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 28, 2005. Action: To approve the minutes of the Regular Meeting of June 28, 2005 as presented. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 40876 THROUGH 41005 INCLUSIVE, AND TO APPROVE THE CANCELLATION City Council Minutes 07-26-05 Page 11700 a(3) OF CHECK NOS. 40508 AND 40945, AS RECOMMENDED BY THE CITY TREASURER. 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 RECEIVE AND FILE THE JUNE 2005 FINANCIAL REPORTS:. 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the June 2005 financial reports as presented. (e) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated July 13, 2005. (f) (g) Action: To receive and file the status report of capital improvement projects that are either under design or construction as of June 30, 2005. RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JUNE 15, 2005. Action: To receive and file the action minutes of the Public Works Commission meeting of June 15, 2005. RECOMMENDATION TO RECEIVE AND FILE REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS. Memorandum from City Clerk Elaine Doerfling dated July 19, 2005. Action: To receive and file report of Customer Service Surveys/Complaints. (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JULY 5, 2005. (I) Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of July 5, 2005. 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 July 20, 2005. City Council Minutes 07-26-05 Page 11701 0 • Claimant: S.E. Pipeline Construction Company Date of Loss: , 03-01-05 Date Filed: ' 07-12-05 Allegation: Personal injury tothird party Action: To deny the above claim and refer it to the City's Liability Claims Administrator, as recommended by staff. (j) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 19, 2005. Action: :To receive and file the action minutes of the Planning Commission meeting of July 19, 2005 (k) RECOMMENDATION TO AUTHORIZE THE PURCHASE OF FOUR (4) NEW BLACK AND WHITE PATROL 'CARS FROM WONDRIES FLEET GROUP OF ALHAMBRA, CALIFORNIA IN THE AMOUNT OF $97,421.04 (INCLUDES ALL TAXES). Memorandum from Police Chief Michael Lavin dated July 21, 2005. (I) This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. Police Chief Lavin responded to Council questions. Action: To authorize the purchase of four (4) new black and white patrol cars from Wondries Fleet Group of Alhambra, California in the amount of $97,421.04 (includes all taxes). Motion Tucker, second Yoon. The motion carried, noting the absence of Edgerton. RECOMMENDATION TO APPROVE CHANGE ORDER NO. 2, INCREASING THE CONTRACT AMOUNT FOR CONSTRUCTION MANAGEMENT/INSPECTION SERVICES WITH HARRIS & ASSOCIATES BY $70,000 TO COVER THE EXTENDED DURATION NEEDED TO COMPLETE PROJECT NO. 00-630 PIER RENOVATION . — PHASE III. Memorandum from Public Works Director Richard Morgan dated July 19, 2005. This item was removed from the consent calendar by Councilmember Tucker for separate discussion later in the meeting. 'City Manager Burrell and Public Works Director Morgan responded to Council questions. City Council Minutes 07-26-05 Page 11702 (m) • • Action: To approve staff recommendation to approve Change Order No. 2 increasing the contract amount for construction management/inspection services with Harris & Associates by $70,000 to cover the extended duration needed to complete Project No. 00-630 Pier Renovation — Phase III. Motion Tucker, second Yoon. The motion carried, noting the absence of Edgerton. RECOMMENDATION TO AUTHORIZE STAFF TO ADVERTISE FOR BIDS FOR THE IMPROVEMENTS TO THE SEWAGE LIFT STATIONS AT 35TH STREET AND THE STRAND, AND INGLESIDE DRIVE AND 33RD PLACE AND AUTHORIZE STAFF TO SOLE SOURCE A "GORMAN-RUPP" PRE- PACKAGED SUBMERSIBLE PUMP SYSTEM THROUGH CALIFORNIA ENVIRONMENTAL CONTROLS, INC. Memorandum from Public Works Director Richard Morgan dated July 20, 2005. Action: To approve staff recommendation to: (1) Authorize staff to advertise for bids for the improvements to the Sewage Lift Stations at 35th Street and The Strand, and Ingleside Drive and 33rd Place; and (2) Authorize staff to sole source a "Gorman -Rupp" pre-packaged submersible pump system through California Environmental Controls, Inc. 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(k) and (I) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. At 7:25 p.m., the order of the agenda was suspended to go to item 6(a). 5. PUBLIC HEARINGS a. APPEAL OF THE PLANNING COMMISSION'S DENIAL OF A GENERAL PLAN AMENDMENT FROM CC, COMMERCIAL CORRIDOR, TO MD, MEDIUM DENSITY RESIDENTIAL, AND ZONE CHANGE FROM SPA7, SPECIFIC PLAN AREA NO. 7, TO R-2, TWO-FAMILY RESIDENTIAL, TO ALLOW THE DEVELOPMENT OF UP TO TWO RESIDENTIAL UNITS, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 722 1ST STREET. (Continued from meetings of May 24, 2005 and June 28, 2005) Memorandum from Community Development Director Sol Blumenfeld dated July 19, 2005. A supplemental letter was received on July 25 from the appellant requesting a continuance to August 9, 2005. A supplemental email City Council Minutes 07-26-05 Page 11703 was received July 26 from the appellant requesting continuance to September 27, 2005. City Manager Burrell responded to Council questions. The public hearing opened at 7:31 p.m. No one came forward to speak. Action: To continue the public hearing to the meeting of September 27, with the costs for re-noticing/and re -mailing to be borne by the appellant. Motion Keegan, second Yoon. The motion carried, noting the absence of Edgerton. b REVIEW AND RECONSIDERATION OF PLANNING . COMMISSION DECISION ON JUNE 21, 2005, TO APPROVE A CONDITIONAL USE PERMIT TO ALTER THE FLOOR PLAN TO ALLOW A DANCE FLOOR FOR AN EXISTING RESTAURANT WITH ON SALE ALCOHOL AT 53 PIER AVENUE, FAT FACE FENNER'S FISHACK. Memorandum from Community Development Director Sol Blumenfeld dated July 19, 2005. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. The public hearing opened at 7:53 p.m. Coming forward to address the Council on this item were: Gary Vincent — President of Fat Face Food Unlimited, doing business as Fat Face Fenner's Fishack, said there was no violation of his conditional use permit on record, there had been no complaints since he received letter in 2001 from Police Chief Lavin regarding noise, and it was an oversight on his part to not perform an acoustical study when his original CUP was issued, noting that he had been issued a certificate of occupancy; said despite public support at the hearing, the Planning Commission voted 3-2 to deny his request, due to concerns that his establishment would become more of a bar than a restaurant; discussed his new seating plan and wider access paths for egress and exit; urged the Council to grant to him the same right that many Pier Plaza establishments already have; Curt Schmaltz — Redondo Beach, spoke in support, saying the restaurant was one of the finest in town with excellent food and a wholesome family atmosphere; said there had been dancing there for a few years, and approving the request for a dance floor was a cleanup measure; said the new seating arrangement was more efficient and safer; Barbara Ellman — Hermosa Beach, said this is a true restaurant and piano bar with good food and dancing; said the new seating arrangement would make it easier for people to move around; said the business should be treated the same as others; Mark Pompano — Manhattan Beach, said the restaurant had good food, friendly staff, and a wholesome environment, which was not the case City Council Minutes 07-26-05 Page 11704 • • with many Pier Plaza establishments; said making room for a higher occupancy would actually help alleviate the trouble sometimes caused while people are outside waiting in line on Pier Plaza; and Steve Walsh — Redondo Beach, said he brings his family to this restaurant and entertains business associates there; said not all Pier Plaza businesses are as family-oriented. At 8:13 p.m., Councilmember Edgerton arrived. City Attorney Jenkins advised him that he could not participate in the matter because he had not been present for the public testimony. The public hearing closed at 8:14 p.m. Action: To approve the staff recommendation to adopt Resolution No. 05- 6409 entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION DECISION TO APPROVE A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW THE ALTERATION OF AN EXISTING RESTAURANT WITH ON -SALE ALCOHOL AND LIVE ENTERTAINMENT (TO CONVERT DINING AREA TO A DANCE FLOOR AND OTHER SEATING PLAN CHANGES) AT 53 PIER AVENUE, LOCATED IN THE SECOND FLOOR OF THE LORETO PLAZA COMMERCIAL BUILDING, LEGALLY DESCRIBED AS LOTS 22, 23, AND 24, BLOCK 13 HERMOSA BEACH TRACT." Motion Tucker, second Yoon. The motion carried, noting the dissenting vote of Councilmember Keegan and the abstention of Councilmember Edgerton. c. ADOPTION OF METROPOLITAN TRANSIT AUTHORITY (MTA) LOCAL DEVELOPMENT REPORT AND SELF -CERTIFICATION RESOLUTION CERTIFYING COMPLIANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) PURSUANT TO GOVERNMENT CODE SECTION 65089. Memorandum from Community Development Director Sol Blumenfeld dated July 19, 2005. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearingopened at 8:25 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:25 p.m. Action: To approve the staff recommendation .to adopt Resolution No. 05- 6410 entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089." City Council Minutes 07-26-05 • Page 11705 Motion Keegan, second Tucker. The motion carried -by a unanimous vote. At 8:26 p.m., the order of the agenda went to item 6(b) 6. MUNICIPAL MATTERS a. CITYWIDE SPEED SURVEY AND POSTED SPEED LIMITS. Memorandum from Public. Works. Director Richard Morgan dated July 20, 2005. A supplemental memo was received from Director Morgan on July 25. Director Morgan presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Action:. To approve the staff 'recommendation to waive full reading and introduce Ordinance No. 05-1252, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,' ESTABLISHING CITYWIDE POSTED SPEED LIMITS," as amended on page 3 to define the southernmost segment of Valley Drive as Eighth Street to Herondo Street (rather than to Second Street), and to move the notation of Pacific Coast Highway from line 7 up to line 6. , Motion Yoon, second Keegan. The motion carried by a unanimous vote. At 7:30 p.m., the order of the agenda returned to the public hearings, starting with item 5(a). b. RESOLUTIONS TO PLACE MEASURE ON BALLOT FOR THE GENERAL MUNICIPAL ELECTION OF , NOVEMBER 8, 2005, REQUEST CONSOLIDATION _ WITH THE COUNTY, SET PRIORITIES FOR ARGUMENTS, DIRECT PREPARATION OF IMPARTIAL ANALYSIS, AND PROVIDE FOR THE FILING OF REBUTTAL ARGUMENTS. Memorandum from City Clerk Elaine Doerfling dated July 19, 2005., City Clerk Doerfling presented " the staff report and responded to Council questions. City Attorney Jenkins also responded to. Council questions. Coming forward to address the Council on this issue were: Sylvio Bill - Hermosa Beach, said that the measure should be passed and did not think it was unreasonable to put exceptions to what is permitted to a vote of the people; and John Burt — Hermosa Beach, said the whole concept should be abandoned. Action: To approve the wording of the ballot measure question to read as follows: "Shall an ordinance be adopted adding the beach to the Restricted Open Space (0-S-1) zone and prohibiting any improvements in the 0-S-1 zone except for landscaping, irrigation, erosion control, and replacement or repair of existing improvements within their existing footprint?" City Council Minutes 07-26-05 Page 11706 Motion Edgerton, second Yoon. The motion carried, noting the dissenting of Mayor Reviczky. Further Action: To approve the filing of written arguments by Council against the measure. Motion Edgerton, second Tucker. The motion carried by a unanimous vote. Further Action: To . authorize Councilmember Edgerton to write the argument against the measure, with all Councilmembers invited to sign. Motion Edgerton, second Tucker. The motion carried by a unanimous vote. Final Action: To approve the staff recommendation to: (1) Adopt Resolution No. 05-6411, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE SUBMISSION TO THE CITY'S QUALIFIED ELECTORS OF A PROPOSED ORDINANCE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2005, AS CALLED BY RESOLUTION NO. 05-6402." (2) Adopt Resolution No. 05-6412, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2005, WITH THE UDEL ELECTION TO BE HELD ON THAT DATE, PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE, FOR THE SUBMISSION TO THE VOTERS OF ONE MEASURE." (3) Adopt Resolution No. 05-6413, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A MEASURE TO BE SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 8, 2005, AND DIRECTING THE CITY ATTORNEY TO PREPARE THE IMPARTIAL ANALYSIS." (4) Adopt Resolution No. 05-6414, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR THE MEASURE TO BE SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 8, 2005." Motion Keegan, second Tucker. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL - None City Council Minutes 07-26-05 Page 11707 ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. APPROVAL OF MINUTES: a. Closed Session meeting held on June 14, 2005; b. Closed Session meeting held on June 28, 2005; and c. Closed Session meeting held on July 12, 2005. 2. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Unrepresented employees 3. 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, July 26, 2005, at the hour of 8:48 p.m. to a closed session. RECONVENE TO OPEN SESSION — The Closed Session convened on Tuesday, July 26, 2005, at the hour of 8 55 p.m. At the hour of 9:15 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, in memory of John Snyder and Merle Fish, on Tuesday, July 26, 2005, at the hour of 9:16 p.m. to the Regular Meeting of August 9, 2005, at 7:10 p.m. %((e/ ty City Clerk City Council Minutes 07-26-05 Page 11708 vchlist Check Register 07/19/2005 3:19:18PM CITY OF HERMOSA BEACH Page: 1 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41006 7/19/2005 13280 PUTTING EDGE 4601-04232 EXCURSION/ TEEN CAMPERS/7/20/05 001-4601-4308 1 Vouchers for bank code : boa • 1 Vouchers in this report • Total : Bank total : Total vouchers : 19.50 19.50 19.50 19.50 2b vchlist Check Register Page: 1 07/20/2005 7:59:17AM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41007 7/20/2005 00243 HERMOSA BEACH PAYROLL ACCO 07152005. Payroll/7-1 to 7-15-05 001-1103 401,218.34 105-1103 3,873.56 109-1103 1,671.64 117-1103 891.61 121-1103 762.84 145-1103 662.33 152-1103 14.83 156-1103 3,003.66 160-1103 8,959.15 170-1103 3,348.82 301-1103 3,814.26 705-1103 3,452.67 715-1103 6,851.98 Total : 438,525.69 1 Vouchers for bank code : boa Bank total : 438,525.69 1 Vouchers in this report Total vouchers : 438,525.69 Page: 1 vchlist Check Register Page: 1 07/21/2005 4:52:10PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41008 7/21/2005 13052 A-1 ALL AMERICAN ROOFING CO. 3660 RE ROOFING SOUTH PARK & BASE 3 301-8633-4201 4,425.00 Total : 4,425.00 41009 7/21/2005 08955 AAE INC. 14091 TRAFFIC ENGINEERING/6/05 001-3104-4201 1,020.00 • Total : 1,020.00 41010 7/21/2005 12482 ACCURINT 11114400-20050630 Information Services/6/05 001-2101-4201 30.25 Total : 30.25 41011 7/21/2005 12066 AIT 6023 Toner Cartridge/6/05 715-1206-4309. 192.01 6035 Ink Cartridges/June 05 001-2101-4305 386.29 Total : 578.30 41012 7/21/2005 11837 AJILON OFFICE T000083713 Temporary Services/6/13-6/16/05 001-1202-4201 472.08 Total : 472.08 41013 7/21/2005 12697 ALLEN, CHRISTOPHER IVAN 460104225 Instructor Payment/9612 & 9613/July 05 001-4601-4221 396.33 Total : 396.33 .1014 7/21/2005 05179 AT&T 055 354 2649 001 Long Distance Charges/5/23-6/20/05 110-1204-4304 54.97 Total : 54.97 41015 7/21/2005 12387 BARTEL ASSOCIATES, LLC 05-174 VALUATION OF RETIREE HEALTHCARE 001-1203-4201 8,500.00 Total : 8,500.00 41016 7/21/2005 12562 BEACH REPORTER, THE 39220500 Employment Ad/6/05 001-1203-4201 45.00 3 Page: 1 vchlist Check Register Page: 2 07/21/2005 4:52:10PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41016 7/21/2005 12562 BEACH REPORTER, THE (Continued) Total : 45.00 41017 7/21/2005 08482 BOUND TREE MEDICAL,LLC 50122368 Medical Supplies/6/05 001-2201-4309 19.80 • 50127174 Medical Supplies/6/05 001-2201-4309 68.71 50128736 Medical Supplies/June 05 001-2201-4309 223.88 50128770 Medical Supplies/June 05 001-2201-4309 76.71 Total : 389.10 41018 7/21/2005 13282 C & C PARTNERS 1141-17396 Work Guarantee Deposit Refund/#10446 001-2110 1,600.00 Total : 1,600.00 41019 7/21/2005 12230 CALIFORNIA OVERNIGHT 4811747 Express Mail/6/05 001-4202-4201 13.92 Total : 13.92 41020 7/21/2005 05935 CLEAN STREET 43136 DOWNTOWN AREA CLEANING/6/05 109-3301-4201 8,217.39 • 001-6101-4201 3,039.27 43137 CITY WIDE STREET CLEANING/06/05 001-3104-4201 15,929.42 Total : 27,186.08 41021 7/21/2005 09614 CONTINENTAL MAPPING SERVICE 70805 300' Noticing/July 05 001-4101-4201 3,493.00 Total : 3,493.00 41022 7/21/2005 07700 CPRS 9194 MAILING LABELS/EMPLOYMENT AD 001-1203-4305 55.00 Total : 55.00 41023 7/21/2005 00154 DEPARTMENT OF ANIMAL CARE & FY2004-2005 Shelter Services/FY 04/05 110-3302-4251 85.53 Page: 2 vchlist Check Register 07/21/2005 4:52:10PM CITY OF HERMOSA BEACH Page: 3 Bank code : boa Voucher Date , Vendor Invoice 41023 7/21/2005 00154 DEPARTMENT OF ANIMAL CARE & (Continued) 41024 7/21/2005 00364 41025 7/21/2005 04394 DEPARTMENT OF JUSTICE 527120 DIVERSIFIED PHOTO SUPPLY 428226 • 41026 7/21/2005 01034 ENDOM, STEVE 2101-17431 41027 7/21/2005 11184 ESCOBAR CONTRACTING 1141-17410 41028 7/21/2005 01294 EXECUTIVE -SUITE SERVICES INC. 1700-119B 1700-125A 1703-126 1705-119 1706-123 1707-119 1861-059 1884-047 1955-003 Description/Account Pre -Employment Fingerprints/June 05 001-1203-4251 Photo Supplies/July 05 001-2101-4305 Lunches/Post Class/8/8-8/11/05 001-2101-4312 Work Guarantee Deposit Refund/#10884 001-2110 JANITORIAL SERVICES/JUNE 05 001-4204-4201 JANITORIAL SERVICES/JUNE 05 001-4204-4201 JANITORIAL SERVICES/JUNE 05 001-4204-4201 JANITORIAL SERVICES/JUNE 05 001-4204-4201 JANITORIAL SERVICES/JUNE 05 001-4204-4201 JANITORIAL SERVICES/JUNE 05 001-4204-4201 JANITORIAL SERVICES/JUNE 05 001-4204-4201 JANITORIAL SERVICES/JUNE 05 001-4204-4201 JANITORIAL SERVICES/JUNE 05 001-4204-4201 Total : Total : Total : Total : Total : Amount 85.53 320.00 320.00 151.47 151.47 32.00 32.00 1,600.00 1,600.00 750.00 1,200.00 1,245.00 365.00 4,160.00 325.00 195.00 55.00 95.00 5 Page: 3 vchlist Check Register 07/21/2005 4:52:10PM CITY OF HERMOSA BEACH Page: 4 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41028 7/21/2005 01294 EXECUTIVE -SUITE SERVICES INC. (Continued) Total : 8,390.00 41029 7/21/2005 12648 FIRST RESPONDER NEWSPAPER 454086 05/06 Subscription Renewal 001-2201-4317 50.00 Total : 50.00 01030 7/21/2005 12696 GINOSSI, ALDO 4601-04231 Instructor Payment/9862 001-4601-4221 1,438.50 Total : 1,438.50 41031 7/21/2005 04108 HAZELRIGG RISK MGMT SERV, INC 07/18/05 Worker's Comp Claims/7/15/05 705-1217-4324 8,368.96 Total : 8,368.96 41032 7/21/2005 00065 HERMOSA BEACH CAR WASH, ZIP! June 05 CAR WASHES/JUNE 05 715-2101-4311 319.20 715-4201-4311 5.95 715-3302-4311 5.95 715-4202-4311 4.95 Total : 336.05 41033 7/21/2005 12968 HERMOSAWAVE INTERNET ID: 277 Annual Web Hosting/7/05-6/06 715-1206-4201 299.40 • Total : 299.40 41034 7/21/2005 07547 HINDERLITER DE LLAMAS & ASSOC 0006300 -IN 05/06 Software Maint/Business License 715=1206-4201 3,800.00 Total : 3,800.00 41035 7/21/2005 13281 HOOSE, BRIAN & SUSAN LEE 1141-17398 Work Guarantee Deposit Refund/# 4896 001-2110 5,000.00 41036 7/21/2005 00157 ICMA MEMBERSHIP RENEWALS 205538 2005/06 Membership Dues 001-1201-4315 41037 7/21/2005 00372 INDEPENDENT CITIES ASSOCIATIC 1201-17308 2005/06 Membership Dues Total : 5,000.00 1,391.00 Total : 1,391.00 Page: 4 vchlist 07/21/2005 4:52:10PM Check Register CITY OF HERMOSA BEACH Page: 5 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41037 7/21/2005 00372 INDEPENDENT CITIES ASSOCIATIC (Continued) 41038 7/21/2005 10820 JENKINS & HOGIN,LLP 001-1101-4315 821.00 Total : 821.00 12398 Legal Re: Litigation/June 05 001:1131-4201 1,189.00 12399 Legal Re: Cable TV/June 05 001-1131-4201 643.50 12400 Legal Re: Cable Franchise/June 05 001-1131-4201 1,891.50 12402 Legal Re: General/ June 05 001-1131-4201 3,925.51 12403 Legal Re: Pitchess Motions/June 05 001-1131-4201 1,791.30 12404 Legal Re: Municipal Code/6/05 001-1131-4201 4,027.00 12405 Legal Re: Land Use/June 05 001-1131-4201 1,008.00 Total : 14,475.81 41039 7/21/2005 05356 JOHN L. HUNTER & ASSOC. HBBCRO605 Admin Recycling Program/June 05 150-3102-4201 751.00 HB000605 ADMIN /USED OIL PROGRAM/6/05 160-3105-4201 343.75 Total : 1,094.75 01040 7/21/2005 10496 KONICA MINOLTA BUSINESS 203858390 Copier Usage/June 05 715-4601-4201 188.22 715-1208-4201 160.22 715-2201-4201 66.68 715-3302-4201 8.38 Total : 423.50 41041 7/21/2005 00843 L.A. COUNTY METROPOLITAN 7050381 Bus Pass Sales/July 05 145-3403-4251 144.00 Total : 144.00 Page: 5 vchlist Check Register 07/21/2005 4:52:10PM CITY OF HERMOSA BEACH Page: 6 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41042 7/21/2005 04186 LEAGUE OF CA CITIES/LA CO DIV 05-151 .1043 7/21/2005 13082 LEAL PLUMBING, KEN 41044 7/21/2005 00167 LEARNED LUMBER 7/14/05 B965081 B965425 B965831 B966105 41045 7/21/2005 08836 LONG BEACH AQUARIUM OF PACIF INV0000012927 •1046 7/21/2005 12739 LONG BEACH BMW BCCS414259 41047 7/21/2005 00213 LOS ANGELES TIMES 1608939011 41048 7/21/2005 13066 LOS ANGELES, CITY OF 41049 7/21/2005 12167 MARSH RISK & INSURANCE SERVI( 428405 2005/06 Membership Dues 001-1101-4315 Final Payment/Shower Renovation 180-8610-4201 Building Materials/Base 3/July 05 001-4204-4309 Building Supplies/7/05 001-4204-4309 Building MaterialsR/05 001-4204-4309 Building Materials/7/05 001-4204-4309 Camp ExcursionR/6/05 001-4601-4308 Motorcycle Repairs/5/05 715-2101-4311 6 Mos Newspaper Subscription 001-2201-4317 48H-50-373406-014 LA Recycling Assoc Membership Dues 117-5301-4315 Auto Physical Damage Insurance/05/06 705-1210-4201 1,095.00 Total : 1,095.00 Total : Total : Total : Total : Total : Total : Total : 2,840.00 2,840.00 63.75 56.57 90.53 81.83 292.68 154.95 154.95 211.37 211.37 126.00 126.00 3,168.15 3,168.15 10,785.00 10,785.00 8 Page: 6 vchlist Check Register 07/21/2005 4:52:10PM CITY OF HERMOSA BEACH Page: 7 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41050 7/21/2005 12948 MICO-"THE MICROFILM COMPANY" 9036 Document Microfilming /June 05 001-4201-4201 613.20 Total : 613.20 41051 7/21/2005 10455 MUNI FINANCIAL 34736 Assessment Dist Admin 4th Qtr. 137-1219-4201 138-1219-4201 136-1219-4201 139-1219-4201 Total : 413.97 502.46 308.93 347.54 1,572.90 41052 7/21/2005 00399 NATIONAL FIRE PROTECTION ASS' ID # 1045172 05/06 Membership Dues/R. Tingley 001-2201-4315 135.00 Total : 135.00 41053 7/21/2005 10098 NEXTEL COMMUNICATIONS 269424317043 Cell Phone Usage/7/05 001-2101-4304 269424317-043 Cell Phone Usage/June 05 001-2101-4304 41054 7/21/2005 11314 PALM SPRINGS FOLLIES, THE 4601-04230 Deposit/Palm Springs Follies/1/7/05 001-4601-4221 41055 7/21/2005 13283 PERCAN, KATHY 1141-17395. Work Guarantee Deposit Refund/# 10466 • 001-2110 41056 7/21/2005 13284 R.O.S. CONSTRUCTION 1141-17409 Work Guarantee Deposit Refund/10854 001-2110 41057 7/21/2005 03282 REDONDO BEACH, CITY OF 4101-17356 04/05 Wave Billings 1st -3rd Qtr 38.09 1,104.65 Total : 1,142.74 260.00 Total : 260.00 1,600.00 Total : 1,600.00 1,600.00 Total : 1,600.00 Page: 7 vchlist 07/21/2005 4:52:10PM Check Register CITY OF HERMOSA BEACH Page: 8 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41057 7/21/2005 03282 REDONDO BEACH, CITY OF (Continued) • 41058 7/21/2005 08837 REDONDO BEACH, CITY OF 93335 41059 7/21/2005 12737 REGENTS OF U.C. 41060 • 7/21/2005 11573 SAYLOR, OFFICER STEVEN 41061 7/21/2005 00321 SBC 2101-17429 2101-17430 331-254-6071 301 333 267-6155 686 9 333 267-6160 767 0 333 267-6161 416 3 333 267-6164 193 5 145-3401-4251 001-1101-4319 109-3301-4319 145-3854 145-3121 145-3401-4251 Fuel Purchases/May 05 715-2201-4310 715-3102-4310 715-3302-4310 715-4204-4310 715-4201-4310 715-4202-4310 Tuition/Endom & Saylor/Post Class 001-2101-4312 Lunches/Post Class/8/8-8/11/05 001-2101-4312 Computer Hook-Ups/7/05 001-2101-4304 T-1 Circuit Billing/7/05 001-2101-4304 Circuit Billing/7/7-8/6/05 001-2101-4304 Circuit Billing/7/7-8/6/05 001-2101-4304 Circuit Billing/7/7-8/6/05 001-2101-4304 Total : Total : Total : Total : 127,222.35 195.55 2,800.00 -5,871.77 -24,912.14 4,737.07 104,171.06 823.43 105.65 78.68 45.64 25.69 13.57 1,092.66 200.00 200.00 32.00 32.00 57.92 189.22 59.72 59.72 50.93 1,0 Page: 8 vchlist Check Register 07/21/2005 4:52:10PM CITY OF HERMOSA BEACH Page: 9 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41061 7/21/2005 00321 SBC (Continued) 333 267-6165 717 0 Circuit Billing/7/7-8/6/05 001-2101-4304 41062 7/21/2005 09656 SHRED IT CALIFORNIA 333386313 7/21/2005 00018 SIMS WELDING SUPPLY CO. 00220291 41064 7/21/2005 00114 SMART & FINAL IRIS COMPANY 23929 •41063 24373 24439 25911 29498 48086 50822 51578 53178 53422 Shredding Services/7/05 001-2101-4201 Welding Supplies/7/05 105-2601-4309 Program Supplies/June 05 001-4601-4308 Program Supplies/June 05 001-4601-4308 Program Supplies/June 05 001-4601-4308 Program-Supplies/June 05 001-4601-4308 Program Supplies/June 05 001-4601-4308 Program Supplies/6/05 001-4601-4308 Maintenance Supplies/June 05 001-4204-4309 001-2201-4309 Supplies For Jail/6/05 001-2101-4306 Program Supplies/June 05 001-4601-4308 . Program Supplies/Summer Blast/6/05 001-4601-4309 Total : Total : Total : 50.93 468.44 111.00 111.00 33.15 33.15 168.75 228.98 17.18 55.72 47.68 260.98 244.27 31.17 146.19 239.62 214.71 Page: 9 vchlist Check Register 07/21/2005 4:52:10PM CITY OF HERMOSA BEACH Page: 10 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41064 7/21/2005 00114 SMART & FINAL IRIS COMPANY (Continued) 53854 Batteries & Advil/June 05 001-2201-4305 27.91 001-4204-4309 103.38 54955 Program Supplies/June 05 001-4601-4308 113.35 Total : 1,899.89 41065 7/21/2005 09737 SOLYMOSI, MARIE 695452 Bee RemovalNalley Park/7/05 001-3302-4201 120.00 695453 Bee Removal/7/05 001-3302-4201 85.00 Total : 205.00 41066 7/21/2005 00341 SOUTH BAY CITIES COUNCIL OF 1201-17415 05/06 Membership Dues 001-1101-4315 6,741.00 Total : 6,741.00 41067 7/21/2005 13286 SOUTHERN CALIF ASSOCIATION 0 0600-159 05/06 Membership Dues 001-1101-4315 1,694.00 Total : 1,694.00 41069 069 7/21/2005 00159 SOUTHERN CALIFORNIA EDISON C 2-00989-6911 Electric Billing -7/05 •105-2601-4303 28.56 2-00-989-6911 ELECTRIC BILLING/JUNE 05 105-2601-4303 93.86. 2-00989-7315 Electric Billing -7/05 105-2601-4303 77.34 2-00-989-7315 ELECTRIC BILLING/JUNE 05 105-2601-4303 8,998.80 2-01-414-1071 ELECTRIC BILLING/JUNE 05 001-4204-4303 4,456.59 2-01-414-2152 ELECTRIC BILLING/JUNE 05 001-6101-4303 1,645.09 2-014143747 ELECTRIC BILLING/JUNE 05 105-2601-4303 32.32 Page: 10 vchlist 07/21/2005 4:52:10PM Check Register CITY OF HERMOSA BEACH Page: 11 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41069 7/21/2005 00159 SOUTHERN CALIFORNIA EDISON C (Continued) 2-01-414-3994 ELECTRIC BILLING/JUNE 05 160-3102-4303 92.17 2-01-414-4281 ELECTRIC BILLING/JUNE 05 105-2601-4303 209.30 2-01-414-5106 ELECTRIC BILLING/JUNE 05 001-3104-4303 742.82 2-01836-7458 Electric Billing -7/05 105-2601-4303 2.66 2-01-836-7458 ELECTRIC BILLING/JUNE 05 105-2601-4303 8.36 2-02274-0542 Electric Billing -7/05 001-6101-4303 3.18 2-02-274-0542 ELECTRIC BILLING/JUNE 05 001-6101-4303 10.45 2-08629-3669 Electric Billing -7/05 001-4204-4303 24.45 2-08-629-3669 ELECTRIC BILLING/JUNE 05 001-4204-4303 ' 97.81 2-09076-5850 Electric Billing -7/05 105-2601-4303 19.07 2-09-076-5850 ELECTRIC BILLING/JUNE 05 105-2601-4303 59.95 2-10947-9824 Electric Billing -7/05 105-2601-4303 17.97 2-10-947-9824 ELECTRIC BILLING/JUNE 05 105-2601-4303 56.49 2-19024-1604 Electric Billing -July 05 001-6101-4303 204.30 2-19-024-1604 Electric Billing -June 05 001-6101-4303 408.60 2-201284825 Electric Billing -7/05 109-3304-4303 503.52 2-20-128-4825 ELECTRIC BILLING/JUNE 05 109-3304-4303 1,582.52 13 Page: 11 vchlist Check Register 07/21/2005 4:52:10PM CITY OF HERMOSA BEACH Page: 12 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41069 7/21/2005 00159 SOUTHERN CALIFORNIA EDISON C (Continued) 2-201285475 Electric Billing -7/05 001-4204-4303 8.60 2-20-128-5475 ELECTRIC BILLING/JUNE 05 001-4204-4303 34.44 2-20984-6179 Electric Billing -7/05 105-2601-4303 5.27 2-20-984-6179 ELECTRIC BILLING/JUNE 05 105-2601-4303 16.58 2-20984-6369 Electric Billing -7/05 105-2601-4303 28.69 2-20-984-6369 ELECTRIC BILLING/JUNE 05 105-2601-4303 129.14 2-21400-7684 Electric Billing -7/05 105-2601-4303 7.08 2-21-400-7684 ELECTRIC BILLING/JUNE 05 105-2601-4303 20.39 2-21964-8003 Electric Billing -7/05 105-2601-4303 5.57 2-21-964-8003 ELECTRIC BILLING/JUNE 05 105-2601-4303 18.33 2-22267-0663 Electric Billing -7/05 109-3304-4303 16.96 2-22-267-0663 ELECTRIC BILLING/JUNE 05 109-3304-4303 53.32 2-23687-8021 Electric Billing -7/05 001-3104-4303 13.63 2-23-687-8021 ELECTRIC BILLING/JUNE 05 001-3104-4303 73.65 2-23-725-4420 ELECTRIC BILLING/JUNE 05 001-4204-4303 5,142.12 2-26686-5930 Electric Billing -7/05 105-2601-4303 43.24 2-26-686-5930 ELECTRIC BILLING/JUNE 05 105-2601-4303 839.38 Page: 12 `vchlist Check Register" 07/21/2005 4:52:10PM CITY OF HERMOSA BEACH Page: 13 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41069 7/21/2005 00159 SOUTHERN CALIFORNIA EDISON C(&ontinued) Total : 25,832.57 41070 7/21/2005 05869 T2 SYSTEMS, INC. 108151-M Powerpark & Oracle Software Maint/05/06 715-1206-4201 9,944.25 108152-M 05/06 Hardware Maint/Handhelds 715-1206-4201 5,385.00 Total : 15,329.25 01071 7/21/2005 09139 VANGUARD VAULTS 0007668 , Off Site Storage /2nd Quarter 001-1121-4201 48.00 Total : 48.00 41072 7/21/2005 00015- VERIZON CALIFORNIA 310 197-3683 Phone Charges/7/05 001-3302-4304 64.26 001-2101-4304 1,260.77 001-2201-4304 239.37 001-4601-4304 151.05 001-4202-4304- . 137.44 001-4201-4304 86.05 109-3304-4304 30.82 001-1204-4304 34.85 715-1206-4304 240.81 001-4204-4321 58.65 310 UHO-3618 T-1 Circuit Billing/June 05 001-2101-4304 119.79 ' 372-6373 Fax Billing/Personnel/7/05 001-1203-4304 33.51 UHO-3618 T-1 Circuit Billing/July 05 001-2101-4304 279.52 Total : 2,736.89 41073 7/21/2005 09056 VERIZON ONLINE 19831941 Internet Services/7/05 715-1206-4201 Total : 41074 7/21/2005 03209 VERIZON WIRELESS -LA 195685311 1 Cell Phone Charges/7/05 893.00 893.00 15 Page: 13 vchlist Check Register 07/21/2005 4:52:10PM CITY OF HERMOSA BEACH Page: 14 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41074 7/21/2005 03209 VERIZON WIRELESS -LA (Continued) 1956853111 715-1206-4201 001-2101-4304 CeII Phone Purchase/June 05 715-1206-4201 715-1206-4304 001-2101-4304 Total : 76.54 118.87 37.19 39.35 118.87 390.82 41075 7/21/2005 00371 WEST BASIN WATER ASSOCIATIOI 1201-17411 05/06 MEMBERSHIP DUES 001-1101-4315 200.00 Total : 200.00 41076 7/21/2005 02873 WESTERN GRAPHIX 22525 Employee Photo ID Card/Parente 001-2101-4305 15.16 Total : 15.16 68 Vouchers for bank code : boa Bank total : 284,171.88 68 Vouchers in this report Total vouchers : 284,171.88 • 1(0 Page: 14 vchlist 07/25/2005 10:01:39AM Check Register CITY OF HERMOSA BEACH Page: 1 Bank code : boa Voucher Date Vendor 41077 7/25/2005 12136 SKATE ZONE 1 Vouchers for bank code : boa 1 Vouchers in this report Invoice Description/Account Amount 2101-17463 Day Camp Excursion/7/27/05 001-4601-4308 350.00 Total : 350.00 Bank total : 350.00 Total vouchers : 350.00 Page: 1 17 vchlist Check Register 07/28/2005 4:43:14PM CITY OF HERMOSA BEACH Page: 1 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41078 7/28/2005 10115 COUNTY OF LOS ANGELES 1201-17408 Local Agency Formation Comm Charges 001-1101-4315 859.45 Total : 859.45 .1079 7/28/2005 12066 AIT 6013 Drum For Printer/Police Dept/6/05 001-2101-4305 114.59 Total : 114.59 41080 7/28/2005 06421 ALL STAR FIRE EQUIPMENT, INC. 98137 Mask Tether & Cap 001-2201-4309 78.27 98139 Helmet Shields - Captain 001-2201-4309 104.82 Total : 183.09 41081 7/28/2005 09620 ALLEY, HEATHER H 4601-04249 Instructor Pymt Class # 9808 & 9815 001-4601-4221 120.00 4601-04249/June 05 Instructor Payment/9808-9815/June 05 001-4601-4221 1,080.00 Total : 1,200.00 41082 7/28/2005 12837 ANDRADE, CAROL 4601-04235 Instructor Pymt Class # 9843 001-4601-4221 105.00 411 4601-04235/June 05 Instructor Payment/9530/June 05 001-4601-4221 63.00 Total : 168.00 41083 7/28/2005 00152 ARAMARK UNIFORM SERVICES 586-33995282 MATS & TOWEL SERVICE/6/05 001-3104-4309 69.46 586-3974827 MATS & TOWEL SERVICE/6/05 715-4206-4309 41.75 586-3974828 MATS & TOWEL SERVICE/6/05 001-3104-4309 69.46 586-3974829 MATS & TOWEL SERVICE/6/05 001-2201-4309 46.55 5863974830 MATS & TOWEL SERVICE/6/05 001-2101-4309 57.29 18 Page: 1 vchlist 07/28/2005 4:43:14PM Check Register CITY OF HERMOSA BEACH Page: 2 Bank code : boa Voucher Date Vendor Invoice Description/Account 41083 7/28/2005 00152 ARAMARK UNIFORM SERVICES (Continued) 586-3974831 586-3974832 586-3985055 586-3985056 586-3985057 586-3985058 586-3985059 586-3985060 586-3995281 586-3995283 586-3995284 586-3995285 586-3995286 MATS & TOWEL 001-4204-4309 MATS & TOWEL 001-4204-4309 MATS & TOWEL 715-4206-4309 MATS & TOWEL 001-3104-4309 MATS & TOWEL 001-2201-4309 MATS & TOWEL 001-2101-4309 MATS & TOWEL 001-4204-4309 MATS & TOWEL 001-4204-4309 MATS & TOWEL 715-4206-4309 MATS & TOWEL 001-2201-4309 MATS & TOWEL 001-2101-4309 MATS & TOWEL 001-4204-4309 MATS & TOWEL 001-4204-4309 SERVICE/6/05 SERVICES/6/05 SERVICE/6/05 SERVICE/6/05 SERVICE/6/05 SERVICE/6/05 SERVICE/6/05 SERVICES/6/05 SERVICE/6/05 SERVICE/6/05 SERVICE/6/05 SERVICE/6/05 SERVICES/6/05 Total : 41084 7/28/2005 04277 BELL, OLIN 4601-04233 4601-04233/June 05 Instructor Pymt #9766/9767/9769/9772 001-4601-4221 Instructor Payment/9766/June 05 001-4601-4221 Total : 41085 7/28/2005 06585 BUSINESS COMPUTING 05036 Software Updates/ Maint/Support Amount 63.29 74.78 41.75 69.46 46.55 57.29 63.29 74.78 45.75 46.55 57.29 63.29 74.78 1,063.36 1,974.00 336.00 2,310.00 Page: 2 vchlist Check Register 07/28/2005 4:43:14PM CITY OF HERMOSA BEACH Page: 3 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41085 7/28/2005 06585 BUSINESS COMPUTING (Continued) 715-1206-4201 275.00 05-036 Software Updates/Maint/7/1-12/31/05 715-1206-4201 275.00 • Total : 550.00 41086 7/28/2005 00034 BUSINESS SYSTEMS CORPORATIC 283417 500 CORRECT/STOP WORK FORMS PRINTED 001-4202-4201 155.34 Total : 155.34 41087 7/28/2005 10666 CALIFORNIA CONF OF ARSON 2201-17492 Membership Dues - D. Powers 001-2201-4315 55.00 Total : 55.00 41088 7/28/2005 05595 COACH USA 125552 Aquarium Excursion Transportation 145-3409-4201 517.00 125553 Transportation Leeway Sailing Excursion 145-3409-4201 517.00 Total : 1,034.00 41089 7/28/2005 07809 CORPORATE EXPRESS 61718092 Price Difference For Heater Returned 001-4601-4305 -37.97 • 62281218 Office Supplies/June 05 001-1208-4305 527.12 62448444 Returned Merchandise/June 05 001-1208-4305 -178.05 62511538 Office Supplies - Jul 05 001-1208-4305 58.83 62545469 OFFICE SUPPLIES/POLICE DEPT 001-2101-4305 103.43 62545479 Office Supplies - Jul 05 001-4601-4305 76.34 62545483 Office Supplies - Jul 05 001-4601-4305 65.79 Total : 615.49 41090 7/28/2005 12939 COSTCO 17427 NOVAFORM MEMORY MATTRESS TOPPERS. ao Page: vchlist _ Check Register - - Page: .4 07/28/2005 4:43:14PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41090 7/28/2005 12939 COSTCO (Continued) 180-8610.4201 757.64 Total : 757.64 41091 7/28/2005 00480 CPCA, CA POLICE CHIEFS ASSOC 35 05/06 Membership Dues - Level R3 001-2101-4315 300.00 Total : 300.00 •1092 7/28/2005 10726 CSFA 2201-17455 CSFA Membership Dues - R. Tingley 001-2201-4315 50.00 Total : 50.00 41093 7/28/2005 04689 DATA TICKET, INC. 11955 DMV Record Retrieval/June 05 110-1204-4201 317.24 Total : 317.24 41094 7/28/2005 00049 DEPARTMENT OF CONSERVATION 4201-17484 Strong Motion Mapping Fee/4/05-6/05 0.01-3401 1,153.79 Total : 1,153.79 41095 7/28/2005 00147 DEVELOPMENT, THE . 155393 16 8 "X 10" PHOTOS FOR COURT 001-2101-4305 . 121.24 Total : 121.24 41096 7/28/2005 12700 EMERGENCY SERVICES RESTORA 01-4110 Emergency Cleaning - Drunk Tank 001-4204-4201 1,157.50 • Total : 1,157.50 41097 7/28/2005 11184 ESCOBAR CONTRACTING 1141-17435 Refund Work Guarantee # 001-2110 1,600.00 1141-17436 Refund Work Guarantee # 2605 001-2110 1,600.00 Total : 3,200.00 41098 7/28/2005 11578 . GOMEZ, JERRY 2201-17493 Hotel Fees Charged To Personal Credit Card 001-2201-4317 33.62 Total : 33.62 Page: 4 vchlist Check Register 07/28/2005 4:43:14PM CITY OF HERMOSA BEACH Page: 5 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41099 7/28/2005 13306 HAUSHALTER, MARK 1204-17475 Citation Refund/1105008874 110-3302 10.00 Total : 10.00 41100 100 7/28/2005 04108 HAZELRIGG RISK MGMT SERV, INC 07252005 Worker's Comp Claims - 7/22/05 •705-1217-4324 14,150.66 Total : 14,150.66 41101 7/28/2005 13292 HEUER, LEANNE & JERRY 1141-17438 Refund Work Guarantee # 10888 001-2110 1,600.00 Total : 1,600.00 41102 7/28/2005 08673 HIGGINS, ROBERT 2101-17446 Lunch at POST Class - Aug 4 & 5 001-2101-4317 16.00 Total : 16.00 41103 7/28/2005 13294 HOMES, CARAS 1141-17440 Refund Work Guarantee # 2594 001-2110 1,600.00 Total : 1,600.00 41104 7/28/2005 09657 INFOLINK SCREENING SERVICES 175163 Pre- Employment Background Check 6/05 001-1203-4201 32.80 Total : 32.80 • 105 7/28/2005 12151 JAHNG, CHRISTOPHER Y. 4601-04234 Instructor Pymt Class # 9633 & 9634 001-4601-4221 403.20 4601-04234/June 05 Instructor Payment/9633/June 05 001-4601-4221 3,628.80 Total : 4,032.00 41106 7/28/2005 10334 JENSEN, GLENN 4601-04247 Instructor Pymt Class # 9808 & 9815 001-4601-4221 665.00 4601-04247/June 05 Instructor Payment/9808-9815/June 05 0014601-4221 1,470.00 Total : 2,135.00 41107 7/28/2005 12162 JOL DESIGN 7377 Rashquards/Surf Camp 001-4601-4308 633.27 22 Page: 5 vchlist Check Register Page: 07/28/2005 4:43:14PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account - 41107 7/28/2005 12162 JOL DESIGN (Continued) Total : 633.27 41108 7/28/2005 11534 KOCAL BUSSELEN, KARA 1202-17487 Replacement Check/Lost in Mail/04/05 Amount 001-2111 427.00 Total : 427.00 41109 7/28/2005 10677 LAWRENCE ASSOCIATES 070105 Staff Augmentation/June 05 • 140-8626-4201 382.50 117-5301-4201 1,861.50 Total : 2,244.00 41110 7/28/2005 11377 LAWYERS TITLE COMPANY 1202-17447 Replace Check 27992 Unclaimed Money 617-2253 207.64 Total : 207.64 41111 7/28/2005 00167 LEARNED LUMBER B959940 Lumber Purchase/6/05 001-6101-4309 27.71 Total : 27.71 41112 7/28/2005 02175 LIEBERT, CASSIDY WHITMORE 57516 Legal RE: Personnel/6/05 001-1203-4201 , 315.00 57517 Legal Re: Personnel/6/05 001-1203-4201 8,076.70 57518 Legal Re: Personel/June 05 001-1203-4201 1,180.00 Total : 9,571.70 •1113 7/28/2005 12739 LONG BEACH BMW BCCS413471 Motorcycle Repairs/5/05 715-2101-4311 1,340.24 f Total : 1,340.24 41114 7/28/2005 13288 LONGACRE, HOWARD 1202-17467 2004 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 41115 7/28/2005 12643 LORD BISSELL BROOK 488897 Legal Fees/Civil Sery Board Hearing/5/05 001-1203-4201 525.00 A3 Page: 6 vchlist Check Register Page: 7 07/28/2005 4:43:14PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41115 7/28/2005 12643 LORD BISSELL BROOK (Continued) 41116 7/28/2005 13295 LUCAS BROTHERS CONSTRUCTIO 1141-17441 91117 7/28/2005 07250 LYONS, JAMES 1202-17428 41118 7/28/2005 10045 MAIN STREET TOURS TC#8499B 41119 7/28/2005 00183 MANHATTAN BEACH, CITY OF 18-01659 41120 7/28/2005 13260 MATTRESS GALLERY 10115 41121 7/28/2005 01911 MEDICAL INSTITUTE 524439 525024 41122 7/28/2005 07151 MELVYN GREEN & ASSOCIATES, IN 12289 41123 7/28/2005 08335 MISAC 41124 7/28/2005 07634 MUSIC ROOM PRODUCTIONS 1206-17263 Refund Work Guarantee # 2425 001-2110 2004 Assessment Tax Rebate 105-3105 Total : 525.00 1,600.00 Total : 1,600.00 24.61 Total : 24.61 Deposit -Christmas Boat Parade Excursion 001-4601-4201 200.00 Total : 200.00 12,000.00 Total : 12,000.00 7,141.54 Total : 7,141.54 922.00 710.00 Total : 1,632.00 Staffing Support/Building Dept/June 05 001-4201-4201 4,968.75 Total : 4,968.75 300.00 Total : 300.00 001-2101-4305 390.16 Annual Backflow Testing/33rd & 160-3102-4251 11 Mattressess/ Fire Dept/June 05 180-8610-4201 Pre -Employment Exams/6/05 001-1203-4320 Pre -Employment Exams/6/05 001-1203-4320 Membership Dues/Duckett 715-1206-4315 HB 072205 Audio Tapes Copied For Court Case Page: 7 vchlist Check Register 07/28/2005 4:43:14PM CITY OF HERMOSA BEACH Page: 8 Bank code : boa Voucher Date Vendor Invoice Description/Account 41124 7/28/2005 07634 MUSIC ROOM PRODUCTIONS (Continued) 41125 7/28/2005 12088 NATIONAL ASSOCIATION OF 03-1105299NCO3002F Membership Dues/M. Lavin 001-2101-4315 41126 7/28/2005 13308 NEW HORIZONS • 41127 7/28/2005 10098 41128 7/28/2005 11640 41129 7/28/2005 00363 41130 3172 Light Fixtures/For Wall Plaque & Flag 121-8630-4201 NEXTEL COMMUNICATIONS 371554311044 371554311-044 PALMIERI, DENISE 4601-0248 4601-04248/June PEP BOYS 08140114338 08140114339 7/28/2005 12885 PORTOSAN CO., LLC 1-140687 1-140739 1-140933 Cell Phone Usage/6/22-6/30/05 001-2201-4304 Cell Phone Usage/7/05 001-2201-4304 Instructor Payment/9808-9815/July 05 001-4601-4221 Instructor Payment/9808-9815 -June 05 001-4601-4221 Small Tools Purchased/7/05 715-4206-4309 . Auto Part Purchases7/05 715-21014311 PORTABLE TOILET SERVICES/7/1-7/5/05 109-3301-4319 PORTABLE TOILET SERVICES/7/1-7/5/05 109-3301-4319 PORTABLE TOILET SERVICES/7/4-7/5/05 109-3301-4319 41131 7/28/2005 11539 PROSUM TECHNOLOGY SERVICES 1206-17450 License Renewal /Antivirus Maint/04/05 Amount Total : 390.16 Total : 50.00 4,155.83 Total : 4,155.83' Total : Total : Total : Total : 50.00 99.29 231.69 330.98 75.00 300.00 375.00 23.47 24.99 48.46 867.08 285.00 250.00 1,402.08 Page: 8 o5 vchlist Check Register Page: 9 07/28/2005 4:43:14PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41131 7/28/2005 11539 PROSUM TECHNOLOGY SERVICES (Continued) 715-1206-4201 1,897.86 14827 Consulting Services/6/1-6/30/05 715-1206-4201 1,531.25 1730 License Renewal & Antispam Maint/05/06 715-1206-4201 1,381.29 Total : 4,810.40 41132 7/28/2005 08768 QUADRANT SYSTEMS 05523.30 Software Maint/7/1/05-6/30/05 715-1206-4201 900.00 Total : 900.00 41133 7/28/2005 01429 RADIO SHACK CORPORATION 426204 Parts For Radio At Fire Dept/6/05 001-2201-4309 21.71 Total : 21.71 41134 7/28/2005 13004 ROCKET INTER NETWORKING INC. 7696 Wireless Broadband Service/Aug 05 715-1206-4201 599.00 Total : 599.00 41135 7/28/2005 03353 S.B.C.U. VISA 3066 Airfare/A. Marks/8/9-8/11/05 001-2201-4317 118.40 Total : 118.40 01136 7/28/2005 03428 SAFETY-KLEEN CORPORATION 0029151253 Parts Washer Cleaned/6/05 715-4206-4201 230.06 Total : 230.06 41137 7/28/2005 13293 SCOTT, ROBERT PAUL 1141-17439 Work Guarantee Deposit Refund/2355 001-2110 1,600.00 Total : 1,600.00 41138 7/28/2005 11049 SHAKESPEARE BY THE SEA 04.30SBTS Performance On 7/28 & 8/4/05 001-4601-4308 1,000.00 Total : 1,000.00 41139 7/28/2005 09656 SHRED IT CALIFORNIA 333386314 Shredding Services/July 05 001-2101-4201 95.00 Page: 9 acp vchlist Check Register Page: 10 07/28/2005 4:43:14PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41139 7/28/2005 09656 SHRED IT CALIFORNIA (Continued) 41140 7/28/2005 11831 SIR SPEEDY 11482 CONSTRUCTION PERMITS PRINTED 001-4202-4305 41141 7/28/2005 12136 SKATE ZONE 4601-04161 Day Camp Excursion/8/03/05 • 001-4601-4201 41142 7/28/2005 11326 SOMMS, LILIANA 1202-17473 Replace Check 27673 Unclaimed Money 001-2111 41143 7/28/2005 13289 SOUSA, MANUAEL 111970 Rental Deposit Refund 001-2111 41144 7/28/2005 08226 SOUTH BAY FIRE PREVENTION 2201-17491 Annual Membership Dues/05-06 001-2201-4315 41145 7/28/2005 10532 SOUTH BAY FORD 68028 Auto Part Purchase/7/05 715-3302-4311 01146 7/28/2005 .00146 SPARKLETTS 2938385-61 Drinking Water & Dispenser Rental/6/05 001-4601-4305 41147 7/28/2005 10232 SPICERS PAPER,INC. 392760 COPIER PAPER 001-1208-4305 001-2021 001-2022 41148 7/28/2005 06332 STAALBERG, KENDRA 1141-17434 Work Guarantee Deposit Refund/#5601 001-2110 Total : . 95.00 893.54 Total : 893.54 125.00 Total : 125.00 500.00 Total : 500.00 250.00 Total : 250.00 100.00 Total : 100.00 14.25 Total : 14.25 44.71 Total : . 44.71 1,160.25 21.81 -21.81 Total : 1,160.25 1,600.00 Page: 10 vchlist Check Register Page: 11 07/28/2005 4:43:14PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41148 7/28/2005 06332 STAALBERG, KENDRA (Continued) 41149 7/28/2005 13305 STEAKLEY, NICOLE 1204-17476 Citation Refund # 1205006963 110-3302 01150 7/28/2005 09198 STONEBRIDGE PRODUCTIONS 4601-04243 Summer Concert/7/31/05 001-4601-4201 41151 7/28/2005 13290 TASER INTERNATIONAL 2101-17445 Tuition/Higgins/8/04/05 001-2101-4317 41152 7/28/2005 09364 TOYS R US P00026952 Program Supplies/July 05 001-4601-4305 41153 7/28/2005 08097 UNION BANK OF CALIFORNIA 184102 Safekeeping Fees/June 05 001-1141-4201 41154 7/28/2005 04768 UPTIME COMPUTER SERVICE 19298 Printer Maintenance/7/05 • 715-1206-4201 41155 7/28/2005 12992 V & V MANUFACTURING 22890 Police Badges & Cases 001-2101-4314 41156 7/28/2005 00015 VERIZON CALIFORNIA 167-1756 Phone Charges/7/16-8/16/05 001-2101-4304 310 406-2421 Phone Charges/7/1-8/01/05 001-2101-4304 PLO -0346 Circuit Line Billing/7/16-8/16 001-2101-4304 Total : 1,600.00 10.00 Total : 10.00 10,000.00 Total : 10,000.00 225.00 Total : 225.00 91.29 Total : 91.29 291.67 Total : 291.67 619.52 Total : 619.52 336.64 Total : 336.64 265.12 38.33 41.77 Total : 345.22 018 Page: 11 vchlist Check Register 07/28/2005 4:43:14PM CITY OF HERMOSA BEACH Page: 12 Bank code boa Voucher Date Vendor Invoice 41157 7/28/2005 13307 VEZNA, TOZZI 41158 7/28/2005 02873 WESTERN GRAPHIX 4601-04246 4601-04246/June 05 Description/Account Amount Instructor Payment/9808-9815/July 05 001-4601-4221 187.50 Instructor Payment/9808-9815/June 05 001-4601-4221 367.50 Total : 555.00 22511 Employee ID Cards 001-1203-4305 211.09 Total : 211.09 41159 7/28/2005 12899 WESTERN STATES INFORMATION 115 E -NEWSLETTER SERVICES 001-1101-4319 41160 7/28/2005 09574 WING, AUDRIE F. 1202-17466 2004 Assessment Rebate 105-3105 Total : Total : 500.00 500.00 24.61 24.61 41161 7/28/2005 01206 ZUMAR INDUSTRIES 0077923 Sign Making Materials/July 05 001-3104-4309 378.88 Total : 378.88 84 Vouchers for bank code : boa Bank total : 116,247.63 84 Vouchers in this report - Total vouchers : 116,247.63 • aq Page: 12 vchlist 07/28/2005 6:01:05PM Check Register CITY OF HERMOSA BEACH Page: 1 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41162 7/28/2005 10655 LILY PAD FLORAL DESIGN 4601-04245 Lei's For Surfer's walk of Fame 001-2130 243.56 Total : 243.56 • 163 7/28/2005 08878 PARADISE AWARDS 507007 Plaques/Surfers Walk of Fame Ceremony 001-2130 3,312.45 Total : 3,312.45 2 Vouchers for bank code : boa Bank total : 3,556.01 • 2 Vouchers in this report "I hereby certify that the demands or claims covered by the checks listed on pages 1 to inclusive, of the check register fori// 9- A8/a3— are accurate funds are available for payment, and are in conformance to the budget." By Date Finance Director Total vouchers : 3,556.01 Page: 1 August 2, 2005 Honorable Mayor and For the Meeting of Members of the City Council August 9, 2005 CANCELLATION OF CHECKS Please ratify the following request for cancellation of the check listed below: #40609 — 06/02/05 — Landon Phillips — $24.00 Officer did not attend the class. The check was not mailed. #40979 — 07/14/05 — national Fire Protection Assoc — $625.50 Check was written in the wrong amount. The check was not mailed. Concur: Steph City M eager Viki Copeland, Finance Director . Workman, City Treasurer Noted for fiscal impact: • August 3, 2005 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 9,, 2005 vvoL5 TENTATIVE FUTURE AGENDA ITEMS 3, .: NO MEETING tf.. M.SEPTEMfiBER f13, Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of August 2, 2005. Community Resources Director Recommendation to receive and file the action minutes of the Planning Commission meeting of August 16, 2005. Community Development Director Activity Reports for July 2005 All Departments SEPTEMBER 27,2005 Public Hearing: Appeal of the Planning Commission decision on March 15, 2005 to deny general plan amendment from commercial corridor to medium density residential and zone change from commercial SPA -7 to R-2 two-family residential at 722 First Street ' Community Development Director Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of September 6, 2005. Community Resources Director Recommendation to receive and file the action minutes of the Planning Commission meeting of September 20, 2005. Community Development Director Review of the tree ordinance Public Works Director Activity Reports for August'2005 All Departments OCTOBER 11, 2005 Recommendation to receive and file the action minutes of the Public Works Commission meeting of September 21, 2005. Public Works Director OCTO BER 25, 2.005 Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of October 4, 2005. Community Resources Director Recommendation to receive and file the action minutes of the Planning Commission meeting of October 18, 2005. Community Development Director Activity Reports for September 2005 All Departments 411( • PUBLIC WORKS COMMISSION MEETING OF WEDNESDAY, JULY 20, 2005 CITY HALL, COUNCIL CHAMBERS 1315 VALLEY DRIVE 7:00 P.M. MINUTES The meeting was called to'order at 7:00 p.m. 1. Roll Call Present: : Commissioners Beste, DiVirgilio, Lombardo, Marinelli, Winnek - Also Present: Richard Morgan, Director of Public Works/City Engineer Rhea Punneo Administrative Assistant, Public Works Department Absent: None 2. Flag Salute Commissioner Beste led the flag salute. 3. Approval of Minutes: The minutes of the May meeting were approved as written, the minutes of the June minutes were approved as amended. 4. Public Comment ; None 5. Correspondence None 6. Items for CommissionConsideration a. Parkway Tree Ordinance Mr. Morgan presented the item, noting that the'City Attorney had crafted an Ordinance from materials the Tree Sub -Committee had compiled in a -larger document. He advised that Ms. Lombardo had brought some points to his attention and Mr.. Morgan had done his best to tweak the Ordinance to coordinate with Ms. Lombardo's comments/corrections. He advised that he'd spoken with the City Attorney and the tree definition was modified. Discussion of this portion of the item generated the following comments: Staff could see requiring a permit for shrubs but plants would be difficult to regulate. • It is important to note that the City's aging sewer system is jeopardized by trees. • Possibly shrubs and plants should be included because they can cause problems with adjoining property owners. • Mr. Morgan stated that the above item could be covered under abatement as a public nuisance. • This Ordinance is only concerned with trees on public property or in the public right-of-way, not regulating trees on private property. • Ordinances and regulations from many other cities were reviewed when putting together the original draft Ordinance. 2d With this in place, proy owners cannot simply say they want tomove and/or replace a tree — they would have to go about it the right way and put in an approved tree. • It was asked whether someone could realistically rebuild and not damage or remove a tree. • Is it necessary to define what a nuisance is? Generally, is any time there is 3/," sidewalk lifting. • Concern noted that the Tree, Shrub and Plant Ordinance became the Tree Ordinance — the Tree Committee brought the draft Ordinance to Council where it was sent to the City Attorney. • The problem is that no one understands that the parkway tree is the property owner's responsibility, not the City's. • What the City Attorney sent back was substantially reduced to cover only the parkway. • Enforcement is in Section 8 of the Municipal Code, 8.28 Public Nuisance Abatement. • The Planning Commission can require private property projects to include trees — trees taken from the Approved Tree List developed by the Tree Sub -Committee when they developed the Ordinance. • As written, Public Works Commission would not be involved with tree planting. • Requiring a permit from the Public Works Department would be the appropriate way to regulate. • One of the goals of the Tree Sub -Committee was to list appropriate tree species and provide guidelines for selection; create more interest in planting trees. • Purpose of requiring a permit with fee for tree planting and/or removal is to make person planting the tree aware of trees included on Approved Tree List as well as covering inspection costs. • As written, if property owner wants to remove a tree, the tree must be replaced however; the PW Director can waive the requirement. Preceding highlights and additional discussion brought the Commission to the following four questions and answers: 1. Should the Ordinance definition be changed or shouldall planting with woody stems in the parkway be regulated? Determination: 5 — 0 Add definition of shrubs when defining nuisances; do not try to fit into tree definition. 2. What should residents do if they simply want to replace the tree(s) in the parkway? Determination: 5 — 0 Property owners permitted to remove and replace using Approved Tree List. 3. What if it is not feasible to remodel or do reconstruction without removing tree? Determination: If within guidelines, point is moot — see Item 2. 4. Should more than parkway trees be addressed? Determination: Not determined — more clarity needed; Mr. Morgan will review with the City Attorney to clearly define liability regarding roots in public right-of-way, define who has responsibility for the tree. The Ordinance will be re -worked and brought back to the September meeting. 7. Commissioners' Reports Disabled Parking Sub -Committee Report was presented by Commissioner DiVirgilio, noting that they had revised the Disabled Parking Guidelines in accordance with the suggestions made at the June meeting. The review at this meeting tweaked it a bit more, several areas were clarified and the commission determined that the Guidelines would be presented as a Public Hearing at the September meeting. The hearing will be advertised in the Easy Reader and a meeting notice will be mailed to disabled parking space holders. 8. Public Works Department Reports No questions or comments. 9. Items Requested by Commissioners No reports were presented. PWC Meeting 2 7/20/05 yI 10. Other Matters At this time, the Commission decided to cancel the August meeting and reconvene on September 21, 2005. 11. Public Comment None 12. Adjournment Commissioner Beste adjourned the meeting at 8:39 p.m. to the meeting of September 21, 2005. 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 July 20, 2005. Robert Beste, Chairman Richard D. Morgan, P.E., Secretary Date H:\B95\PWFILES\PW Commission\minutes\minutes 7-20-05.doc PWC Meeting 3 7/20/05 Honorable Mayor and Members of the Hermosa Beach City Council August 1,2005 Regular Meeting of August 9, 2005 AWARD PROFESSIONAL SERVICES AGREEMENT FOR CITY TRAFFIC ENGINEERING SERVICES Recommendation:. It is recommended that the City Council.: 1. Award a Professional Services Agreement to AAE, Inc. for providing City Traffic Engineering Services on a cost-plus basis not to exceed $20,000; 2. Authorize the Mayor to execute and the City Clerk to attest the attached Professional Services Agreement subject to approval by the City Attorney; and 3. Authorize Staff to negotiate an agreement with AAE, Inc. for services in the FY 2006-07. Summary: On August 10, 2004, Council approved entering into an agreement with AAE, Inc. for providing the services of a Traffic Engineering Consultant for FY 04-05. In addition, Council authorized Staff to negotiate with AAE, Inc. for services in FY 05-06. AAE will continue to commit the services of Mr. Raymond Abassi, a registered Traffic Engineer in California with over 20 years of experience, to fulfill the duties of the City's Traffic Engineer. Mr. Abassi is also a certified Professional Traffic Operations Engineer and a registered Civil Engineer in California. He holds a Master's Degree in Transportation. AAE has worked with a number of cities assisting them as city traffic engineer in the resolution of traffic problems involving circulation, control, safety, and residential/commercial impacts. AAE has also conducted traffic studies and recommended mitigation measures for a number of public and private developments. Currently, they provide Transportation/Traffic Engineering Services to cities such as Manhattan Beach, Redondo Beach, El Segundo, Diamond Bar, La Puente, Baldwin Park, Irwindale, Anaheim and Costa Mesa. Staff is satisfied with AAE's services and therefore recommends award of this contract. Fiscal Impact: Funding for these services has been appropriated in the FY 05-06 Budget (001-3104- 4201). Attachment: Professional Services Agreement Respectfully submitted: Richard D. M • rgan, P.E. Director of Public Works/City Engineer Noted for Fiscal Impact: Viki Copeland Finance Director Concur: Steph City Burrel nager H:\B95\PWFILES\CCITEMS\traffic engineering services 05-06 8-9-05.doc • • PROFESSIONAL SERVICES AGREEMENT PSA No. 05.005 THIS AGREEMENT, made and entered into this 1st day of July, 2005 at Hermosa Beach, County of Los Angeles, State of California, by and between the CITY OF HERMOSA BEACH, through its duly elected, qualified and acting MAYOR, hereinafter called the CITY, and AAE, Inc., hereinafter called the CONSULTANT. WITNESSETH: That the CONSULTANT for and in consideration of the covenants, conditions, agreements, and stipulations of the CITY herein expressed, does hereby agree to furnish to the CITY professional services and materials, as follows: ARTICLE I - Scope of Work CONSULTANT shall perform all work necessary to complete in a manner satisfactory to CITY the services set forth in the plans and specifications or the scope of work attached as Exhibit A. ARTICLE II - Costs The CITY agrees to pay CONSULTANT for all the work or any part of the work performed under this Agreement at the rate of $85.00 per hour. Total expenditure made under this contract shall not exceed the sum of $20,000.00. This amount includes all expenses, consisting of all incidental blueprinting, photography, travel, and miscellaneous costs, estimated to be accrued during the life of the contract. It also includes any escalation or inflation factors anticipated: No increase in fees will be allowed during the life of the contract. Any increase in contract amount or scope shall be by express written amendment approved by the CITY and CONSULTANT. The CONSULTANT will be reimbursed for costs incurred in the performance hereof as are allowable under the provisions of Part 1-14 of the Federal Procurement Regulations. ARTICLE III - Method of Payment CONSULTANT shall be reimbursed monthly in arrears based upon the hourly services provided. CONSULTANT shall submit invoices in triplicate and addressed to the CITY, c/o the Finance Department, 1315 Valley Drive, Hermosa Beach, CA 90254-3884. ARTICLE IV Subcontracting CONSULTANT shall not be permitted to subcontract any portion of this contract without the express written consent of the CITY. ARTICLE V - Completion Date CONSULTANT shall commence work under this agreement upon execution of this agreement and shall complete the work according to the schedule submitted as part of Exhibit "A", however, the CITY's Director of Public Works may extend the completion date as required by the scope of this, contract. Any contract time extension shall require the express written consent of the Director of Public Works. ARTICLE VI - Accounting Records CONSULTANT must maintain accounting records and other evidence pertaining to costs incurred which records and documents shall be kept availableat the CONSULTANT's California office during the contract period and thereafter for three years from the date of final payment of Federal funds hereunder. ARTICLE VII - Ownership of Data All data, maps, photographs, and other material collected or prepared under the contract shall become the property of the CITY. ARTICLE VIII - Termination This contract may be terminated at any time for breach and the CITY may terminate unilaterally and without cause upon seven (7) days written notice to the CONSULTANT., All work satisfactorilyperformed pursuant to the contract and prior to the date of termination may be claimed for reimbursement. ARTICLE IX - Assignability CONSULTANT shall not assign or transfer interest in this contract without the prior written consent of the CITY. ARTICLE X - Amendment It is mutually understood and agreed that no alteration or variation of the terms of this contract, or any subcontract requiring the approval of the CITY, shall be valid unless made in writing, signed bythe .parties hereto, and approved by all necessary parties. ARTICLE XI - Non -Solicitation Clause The CONSULTANT warrants that he or she has not employed or retained any company or persons, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall -have the right to annul this contract without liability, or, in its discretion to deduct from the contract price or consideration, or 2 r otherwise recover, the full amount of such fee, commission, percentage, brokerage, fee, gift, or contingent fee. ARTICLE XII Equal Opportunity Assurance During the performance of this contract, the CONSULTANT agrees as follows: A. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, sex, creed, color or national origin. The CONSULTANT, will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color or national origin; Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, sex, creed, color or national origin. C. The CONSULTANT will permit access to their books, records and accounts by the applicant agency, the State, the - Federal Highway Administration and/or the National Highway Traffic Safety Administration for purposes of investigation to ascertain compliance with this nondiscrimination clause. D. In the event of the CONSULTANT's noncompliance with the nondiscrimination clauses of this contract, this contract may be canceled, terminated or suspended in whole or in part. ARTICLE XIII - Clean Air Act During the performance of this Contract, the CONSULTANT agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.). and the Federal Water Pollution Control Act . (33 U.S.C. 1251 et seq.) as amended. ARTICLE XIV - Indemnity CONSULTANT agrees toindemnify the CITY, its officers, employees and agents against, and will hold and save each of them harmless from, any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the negligent acts or intentional tortious acts, errors or omissions of CONSULTANT, its agents, employees, subcontractors, or invitees, provided for herein. CONSULTANT will defend any action or actions filed in connection with any of 3 • . • said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection herewith. CONSULTANT will promptly pay any judgment rendered against CITY, its officers, agents or employees for any such claims, damages, penalties, obligations or liabilities. In the event CITY, its officers,agents or employees is made a party to any action or proceeding filed or prosecuted against CONSULTANT for such damages or other claims arising out of or in connection with the sole negligence of CONSULTANT hereunder, CONSULTANT agrees to pay CITY, its officers, agents, or employees, any and all costs and expenses incurred by CITY, its officers, agents or employees in such action or proceeding, including but not limited to reasonable attorney's fees. ARTICLE XV - Insurance A. Without limiting CONSULTANT'S obligations arising under ARTICLE XIV - Indemnity, CONSULTANT shall not begin work under this Agreement until it obtains policies of insurance required under this section.. The insurance shall cover CONSULTANT, its agents, representatives and employees in connection with the performance of work under this Agreement, and shall be maintained throughout the term of this Agreement. Insurance coverage shall be as follows: i. Automobile Liability Insurance with minimum coverages of $500,000 for property damage, $500,000 for injury to one person/single occurrence, and $500,000 for injury to more than one person/single occurrence. ii. Public Liability and Property Damage Insurance, insuring CITY its elected and appointed officers, agents, and employees from claims for damages for personal injury, including death,as well as from claims for property damage which may arise from CONSULTANT'S actions under this Agreement, whether or not done by CONSULTANT or anyone directly or indirectly employed by CONSULTANT. Such insurance shall have a combined single limit of not less than $1,000,000. iii. Worker's Compensation Insurance for all CONSULTANTS employees to the extent required by the State of California. B. Deductibility Limits for policies referred to in subparagraphs A (i) (ii) and (iii) shall not exceed $5,000 per occurrence. C. Additional Insured. City, its elected and appointed officers, agents, and employees shall be named as additional insureds on policies referred to in subparagraphs A (i) and (ii). D. Primary Insurance. The insurance required in paragraphs A (i) (ii) and (iv) shall be primary and not excess coverage. E. Evidence of Insurance. Consultant shall furnish CITY, prior to the execution of this Agreement, satisfactory evidence of the insurance required, issued by an insurer authorized to do business in California, and an endorsement to each such policy of • insurance evidencing that each carrier is required . to give CITY at least 30 days prior written notice of the cancellation of any policy during the effective period of the Agreement. All required insurance policies are subject to approval of the City Attorney. Failure on the part of CONSULTANT to procure or maintain said insurance in full force and effect shall constitute a material breach of this Agreement or procure or renew such insurance, and pay any premiums therefor at CONSULTANT'S expense. ARTICLE XVI - Enforcement of Agreement. In the event that legal action is commenced to enforce or declare the rights created under this Agreement, the prevailing party shall be entitled to an award of costs and reasonable attorney's fees in the amount to be, determined by the court. ARTICLE XVII - Conflicts of Interest No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the CONSULTANT further covenants that in the performance of this Agreement, no person having any such interest shall be employed. ARTICLE XVIII - Independent CONSULTANT The -CONSULTANT is and shall at all times remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its agents shall have control, over the conduct of the CONSULTANT or any of the CONSULTANT's employees, except as herein set forth. The CONSULTANT shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY. ARTICLE XIX - Entire Agreement of the Parties This Agreement supersedes any and all other agreements, either oral, or in writing, between the parties hereto with respect to the employment of CONSULTANT by CITY and contains all the covenants and agreements between the parties with respect such. employment in any manner whatsoever. 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 or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONSULTANT. ARTICLE XX - Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal statutes and regulations as amended. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF HERMOSA BEACH MAYOR: CONSULTANT Mayor, City of Hermosa Beach AAE, Inc. 'ATTEST: Elaine Doerfling, City Clerk APPROVED AS TO FORM: City Attorney H:\B95\PWFILES\PSA\05.005 AAE traffic eng 05-06 8-9-05.doc EXHIBIT A SCOPE OF WORK AAE, Inc. will perform the following duties and functions related to City traffic engineering, including but not limited to: A. Perform required analyses and develop plans for traffic studies to be undertaken by the City, and make recommendations for in-house or contracted performance. Direct/ coordinate the conduct of studies and review and comment on studies. B. Review Community and. Private Development Plans for traffic impact. New developments within the City will be required to have a traffic impact report. As City Traffic Engineer, AAE will coordinate the development of the traffic impact report and review/ comment on the document. C. The City Traffic Engineer will develop an understanding of potential traffic • problems and provide mitigation measures for consideration by the City. D. The City Traffic Engineer may participate in. City Planning Commission meetings and provide reports of current traffic improvement activities consistent with the City's General Plan. E. The City Traffic Engineer will participate in all of the Public Works Departments meetings and be prepared to discuss traffic related safety issues, and provide recommendations for improvements where applicable. F. The City Traffic Engineer will perform a semi-annual review of traffic conditions within the City, and prepare a report for the Public Works Director as to the conditions and recommendations for improved circulation and safety. • G. The City Traffic Engineer will provide leadership for the City Traffic Engineering staff and work with them in established procedures for traffic databank, and for compliance with City traffic issues. H. The City Traffic Engineer will provide for the preparation of traffic control plans for community and private development projects. Review and approve prepared traffic control plans consistent with City requirements. I. The City Traffic Engineer, upon request of the City Attorney, will review pending litigation, research conditions and make comments for the attorney's consideration. • • J. The City Traffic Engineer will perform additional duties as may be delegated by the Public Works Director or City Officials. This could include preparation of PS&E's, construction oversight, and the preparation of Request for Proposals (RFP) pertaining to traffic studies, plans and construction. K. The City Traffic Engineer will be responsible for the capital improvement projects covering signalization, signing, striping, and pavement markings. This includes the coordination, review and approval of plans created by others. L. The City Traffic Engineer will work closely with and coordinate traffic engineering activities with other city departments, as well as, County of Los Angeles, California State Department of Transportation and utilities as required. 8 Honorable Mayor and Members of The Hermosa Beach City Council July 28, 2005 Regular Meeting of August 9, 2005 PROJECT NO. CIP 04-113 CONCRETE STREET IMPROVEMENTS, VARIOUS LOCATIONS APPROVE PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION INSPECTION Recommendation: It is recommended that the City Council: 1. Approve the attached Professional Services Agreement for construction inspection services between the City of Hermosa Beach and David Momeni, PhD, for fee not to exceed $10,400 and authorize the Mayor to execute and the City Clerk to attest subject to approval by the City Attorney; 2. Authorize the Director of Public Works to make minor changes to the professional services agreement as necessary within a contingency of $1,000; 3. Authorize the reappropriation of $99,885 from FY 04-05 for Project No. CIP 04-113 (account number 301-8113-4201); and 4. Authorize the reappropriation and transfer of $10,475 to this project from Project No. CIP 04-115 20th St. Street Improvements (account number 301- 8115-4201). SUMMARY: On June 28, 2005, Project No. CIP 04-113 Concrete Street Improvements, Various. Locations was awarded to Damon Construction Company for $87,920. The project has a limit of 20 working days for completion of -all work. Staff selected David Momeni, PhD, to perform the inspection services and negotiated a not -to -exceed fee of $10,400. Payment shall be at an hourly rate of $65 per hour. Dr. Momeni recently worked for the City of Hermosa Beach as inspector on the 2nd St. - Street Improvement Project. He has worked on numerous Capital Improvement Projects in various capacities for the City over the past four years. His reliability, familiarity, and experience with the City of Hermosa Beach, coupled with his extensive professional experience, will help ensure a successful construction project. Analysis: With many projects currently under construction, Staff requires supplemental inspection services to ensure the contractor's workmanship. 2f Fiscal Impact: FUNDING: 301 Capital Improvement Fund (301-8113-4201) $ 99,885 CONSTRUCTION COSTS: Construction Contract Amount Construction Contingency Proposed Inspection Services PSA Proposed Inspection Contingency Anticipated Testing Costs TOTAL COSTS: 87,920 9,000 10,400 1,040 2,000 $ 110,360 FUNDS NEEDED: From CIP 04-115 (301-8115-4201): $ 10,475 There is a shortfall of $10,435; therefore, the reappropriation and transfer of funds from Project No. CIP 04-115 Street Improvements — 20th Street from Valley Drive to Power Street are needed to complete the project. There are sufficient available funds in Project No. CIP 04-115 to accommodate the requested reappropriation and transfer. Attachment: Professional Services Agreement Respectfully submitted, Tristan D. Malabanan Associates Engineer, P.E. Noted for Fiscal Impact: Viki Copeland Finance Director Concur: Richard D. Morgan, P.E. Director of Public Works/City Engineer Concur: Ste he City Manager F:\B95\PWFILES\CCITEMS\04-113 Approve inspection PSA 08-09-05.doc 2 • • PSA No. 05.004 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 9th day of August, 2005 at Hermosa Beach, County of Los Angeles, State of California, by and between the CITY OF HERMOSA 'BEACH, through its duly elected, qualified and acting MAYOR, hereinafter called the CITY, and David Momeni PhD., hereinafter called the CONSULTANT. WITNESSETH: That the CONSULTANT for and in consideration of the covenants, conditions, agreements, and stipulations of the CITY herein expressed, does hereby agree to furnish to the CITY professional services and materials, as follows; ARTICLE I - Scope of Work CONSULTANT shall perform all work necessary to complete in a manner satisfactory to CITY the services set forth in the plans and specifications or the scope of work attached as Exhibit A. ARTICLE II - Costs The CITY agrees to pay CONSULTANT for all the work or any part' of the work performed under this Agreement at the rates and in the manner established in the attached Fee Schedule, Exhibit B. Total expenditure made under this contract shall not exceed the sum of $ 10,400 and will be paid at an hourly rate as per described in the attached fee schedule (Exhibit B). This fee includes all expenses, consisting of all incidental blueprinting, photography, travel, and miscellaneous costs, estimated to be accrued during the life of the contract. It also includes any escalation or inflation factors anticipated. No increase in fees will be allowed during the life of the contract. Any increase in contract amount or scope shall be by express written amendment approved by the CITY and CONSULTANT. The CONSULTANT will be reimbursed for costs incurred in the. performance hereof as are allowable under the provisions of Part 1-14 of the Federal Procurement Regulations. ARTICLE III - Method of Pavment CONSULTANT shall be reimbursed monthly in arrears based upon the hourly services provided. CONSULTANT shall submit invoices in triplicate and addressed to the CITY, c/o the Finance Department, 1315 Valley Drive, Hermosa Beach, CA 90254- 3884. ARTICLE IV - Subcontracting CONSULTANT shall not be permitted to subcontract any portion of this contract without the express written consent of the CITY. ARTICLE V - Completion Date CONSULTANT shall commence work under this agreement upon execution of this agreement and shall complete the work according to the schedule submitted as part of Exhibit "A",` however, the CITY's Director of Public Works may -extend the completion date as required by the scope of this contract. Any contract time extension shall require the express written consent of the Director of Public Works. ARTICLE VI - Accounting Records CONSULTANT must maintain accounting records and other evidencepertaining to costs incurred which records and documents shall be kept available at the CONSULTANT's California office during the contract period and thereafter for three years from the date of final paymenfof Federal funds hereunder. ARTICLE VII - Ownership of Data All data, maps, photographs, and other material collected or prepared under the contract shallbecome the property of the CITY. ARTICLE VIII - Termination This contract may be terminated at any time for breach and the CITY may terminate unilaterally and without cause upon seven (7) days written.- notice to the CONSULTANT. All work satisfactorily performed pursuant to the contract and prior to the date of termination may be claimed for reimbursement. ARTICLE IX - Assignability CONSULTANT shall not assign or transfer interest in this contract without the prior written consent of the CITY. ARTICLE X - Amendment It is mutually understood and agreed that no alteration or variation of the terms of this contract, or any subcontract requiring the approval of the CITY, shall be valid unless made in writing, signed by the parties hereto, and approved by all necessary parties. 2 ARTICLE XI - Non -Solicitation Clause The CONSULTANT warrants that he or she has not employed or retained any company or persons, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage. fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability, or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE XII - Equal Opportunity Assurance During the performance of this contract, the CONSULTANT agrees as follows: A. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, sex, creed, color or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer;. recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, sex, creed, color or national origin. C. The CONSULTANT will permit access to their books, records and accounts by theapplicant agency,, the State, the Federal Highway Administration and/or the National Highway Traffic Safety Administration for purposes of investigation to ascertain compliance with this nondiscrimination clause. D. In the event of the CONSULTANT's noncompliance with the nondiscrimination clauses of this contract, this contract may be canceled, terminated or suspended in whole or in part. ARTICLE XIII - Clean Air Act During the performance of this Contract, the CONSULTANT agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. ARTICLE XIV. - Indemnity CONSULTANT -agrees to indemnify the CITY, its officers, employees and agents against, and will hold and save each of them harmless from, any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the negligent acts or intentional tortious acts, errors or omissions of CONSULTANT, its agents, employees, subcontractors, or invitees, provided for herein. CONSULTANT will defend any action or actions filed in connection with any of said claims, damages, penalties; obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection herewith. CONSULTANT will promptly pay any judgment rendered against CITY, its officers, agents or employees for any such claims, damages, penalties, obligations or liabilities. In the event CITY, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against CONSULTANT for such damages or other claims arising out of or in connection with the sole negligence of CONSULTANT hereunder, CONSULTANT agrees to pay CITY, its officers, agents, or employees, any and all costs and expenses incurred by CITY, its officers,. agents or employees in such action or proceeding, including but not limited to reasonable attorney's fees. ARTICLE XV - Insurance A. Without limiting CONSULTANT'S obligations arising under ARTICLE XIV - Indemnity, CONSULTANT shall not begin work under this Agreement until it obtains policies of insurance required under this section. The insurance shall cover CONSULTANT, its agents, representatives and employees in connection with the performance of work under this Agreement, and shall be maintained throughout the term of this Agreement. Insurance coverage shall be as follows: i. Automobile Liability Insurance with minimum coverages of $500,000 for property damage, $500,000 for injury to one person/single occurrence, and $500,000 for injury to more than one person/single occurrence. ii. Public Liability and Property Damage Insurance, insuring CITY its elected and appointed officers, agents, and employees, from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from CONSULTANT'S actions under this Agreement, whether or not done by CONSULTANT or anyone directly or indirectly employed by CONSULTANT. Such insurance shall have a combined single limit of not less than $1,000,000. iii. Worker's Compensation Insurance for all CONSULTANT'S employees to the extent required by the State of California. B. Deductibility Limits for policies referred to in subparagraphs A (i) (ii) and (iii) shall not exceed $5,000 per occurrence. 4 • • C. Additional Insured. City, its elected and appointed officers, agents, and employees. shall be named as additional insureds on policies referred to in subparagraphs A (i) and (ii). D. Primary Insurance. The insurance required in paragraphs A (i) (ii) and (iv) shall be primary and not excess coverage. E. Evidence of Insurance. Consultant shall furnish CITY, prior to the. execution of this Agreement, satisfactory evidence of the insurance required, issued by an insurer authorized to do business in California, and an endorsement to each such policy of insurance evidencing that each carrier is required to give CITY at least 30 days prior written notice of the cancellation of any policy during the effective period of the Agreement. All required insurance policies are subject to approval of the City. Attorney. Failure on the part of CONSULTANT to procure or maintain said insurance in full force and effect shall constitute a material breach of this Agreement or procure or renew such insurance, and pay any, premiums therefor at CONSULTANT'S expense. ARTICLE XVI -Enforcement of Agreement In the event that legal action is commenced to enforce or declare the rights created under this Agreement, the prevailing party shall be entitled to an award of costs and reasonable attorney's fees in the amount to be determined by the court. ARTICLE XVII - Conflicts of Interest No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises °any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the CONSULTANT further covenants that in the performance of this Agreement, no person having any such interest shall be employed. ARTICLE XVIII - Independent CONSULTANT The CONSULTANT is and shall at all times remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its agents shall have control over the conduct of the CONSULTANT or any of the CONSULTANT's employees, except as herein set forth. The CONSULTANT shall not at any time or in any manner represent that it orany of its agents or employees are in any manner agents or employees of the CITY. ARTICLE XIX - Entire Agreement of the Parties This Agreement supersedes any and all other agreements, either oral or in writing, between the partieshereto with respect to the employment of CONSULTANT by CITY and contains all the covenants and agreements between the parties with respect such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or 5 • • 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 or amendment hereto shall " be effective unless executed in writing and signed by both . CITY and CONSULTANT. ARTICLE XX - Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal statutes and regulations as amended. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written., CITY OF HERMOSA BEACH CONSULTANT MAYOR: Mayor, City of Hermosa Beach David Momeni, PhD ATTEST: Elaine Doerfling,City Clerk APPROVED AS TO FORM: City Attorney F:\B95\PWFILES\PSA\05.004 04-113 DAVID MOMENI PhD 07-25-05.DOC EXHIBIT A SCOPE OF WORK GENERAL APPROACH My overall approach to providing inspection/management services is to delineate, develop and maintain clear line of communication with the contractor, to build up excellent working relationship with City staff, to be proactive in recognizing the issues and problems, and to work attentively and effectively toward the resolution of issues. Specifically, I will execute the following tasks to tackle these issues: • Develop and implement procedures for effective communication between the City, Design Consultant, the Project Manager, and the Contractor. ® Acquire and employ cost and scheduling programs to effectively track the construction work. e Instigate document -tracking procedures for all construction activities. Assist the City staff in interfacing with the community per needed basis. e Track down resources where they can be most effectively utilized. All these activities will be performed to ensure that the construction work is completed on time and within budget. I strongly believe that developing and maintaining clear and open communication with the contractor & providing quick and accurate response to the Contractor's questions are the keys to successful completion of the project. This is particularly true for the construction work in an area of the City where the traffic control and public safety will become the major points of concerns for both residents and the small businesses activities in the neighborhood,. SCOPE OF SERVICES The proposed responsibilities are limited to inspection services. A nominal additional fee per hour will occur if the City staff requests for any additional constructional' management tasks. 1. Participate in Pre -Construction Conference • I will make preparations for the pre -construction meeting and serve the City staff as assistance. I will record the meeting of the meeting and will distribute that to all the parties present at the meeting. 2. Provide Field Inspection My goal is to facilitate the construction to achieve a project that meets the intent of the contract documents and is completed within the planned budget and ahead of schedule. During construction of the project, I will serve as the City's representative in the Contractor's work evaluation for compliance with the Contract Documents. My fieldwork tasks will provide the general services described below: On -Site Inspection: I will inspect construction activities on a daily basis to ensure that the facilities are being constructed in accordance with the contract documents. For purposes of the proposal, I have included 160 hours of construction inspection based on a construction schedule of 20 working days. Daily Reports: Construction reports will be completed on a daily basis. Each report will record: 1) hours on the job site, 2) weather conditions, 3) list of visitors, 4) summary of the Contractor's equipment and work force, and 5) daily progress on construction and testing activities. Daily progress will be identified with specific sub - activity descriptions detailed in the respective Contractor's schedule to make future ,development of an "as -built" schedule more achievable. -Diaries: Daily diary entries will be completed to record decisions and observations of a general orspecific nature. Weekly Meetings: Weekly construction coordination meetings will be held with the Contractor and documented. Coordination of Testing Services: I will coordinate activities of the testing services required. The City will provide the material and any of the required geotechnical testing services. Photo Documentation: I will take progress photographs to document the progress of the work and job site conditions encountered. Deficiencies & Correction Notices: In order to identify and correct nonconforming work, I will issue deficiency and correction notices and will maintain a log throughout construction. Items not completed will be transferred to the final punch list. This system is rigorously enforced to ensure a quality product. • A Final Walk Through Review: I will perform a final review of the construction work with the Design Consultant and City representatives to prepare a final list of items (punch list) to be corrected by the Contractor. 2 • Videotaping: Provide visual documentation of site conditions, before, during, and after the construction. 3. Administer and Track Requests for Information (RFI's) and Requests for Clarifications (RFC's) will establish and implement a "Request for Information (RFI) procedure for use in providing resolutions to inquiries from the contractor regarding interpretations and clarifications of the plans and specifications. I will revisit contract documents and interpret the drawings as necessary to answer the questions raised by the Contractor. Based on my review I will determine if resolution can be developed by application of the plans, typical details, the specifications, and applicable codes and standards. If the resolution cannot be determined from these . or similar documents, I will submit the City with the Contractor formal RFI or RFC to resolve the problem. ADDITIONAL SERVICES If requested by the City, the following additional services may be included: 1. Additional professional services related to the management of the Contract beyond the inspection services scope of work specifically directed by the City. 2. Record Management and Document Control. - 3. Record Drawings. 4. Process Contractor Payments and Schedule of Values. 5. Inspection Services related to the Contract after the end of Construction Phase. 6. Acceleration of the work schedule involving services beyond the Contractor's normal working hours. 7. Services made necessary by the termination and/or default of the Contractor. 3 • EXHIBIT B FEE SCHEDULE Hourly Rates: Construction Inspection $65.00 Maximum Number of Construction Hours: 160 July 27, 2005 City Council Meeting August 9, 2005 Mayor and Members of the City Council ORDINANCE NO. 05-1252 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING CITYWIDE POSTED SPEED LIMITS." Submitted for waiver of full reading and adoption is Ordinance No. 05-1252, relating to the above subject. At the meeting of July 26, 2005, the ordinance was presented to the City Council for consideration and was amended to define the southernmost segment of Valley Drive as "8th Street to Herondo Street" (rather than to 2nd Street), and to align Pacific Coast Highway with Artesia Blvd. to 15th St. (the first segment listed). The ordinance, as amended, was then introduced by the following vote: AYES: Keegan, Tucker, Yoon, Mayor Reviczky NOES: Edgerton ABSENT: None ABSTAIN: None Elaine Doerfling, City verk Noted: Stephen " . T rrell, C. Manager 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDINANCE NO. 05-1252 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING CITYWIDE POSTED SPEED LIMITS WHEREAS, as the City of Hermosa Beach uses radar in the enforcement of its posted speed limits; WHEREAS, as the State of California Vehicle Code states, in essence, that posted speed limits established under local authority, and conforming to the applicable sections and subsections of the State of California Vehicle Code may not be enforced through the use of radar or other electronic devices unless the posted speed limit has been reevaluated and justified by an engineering and traffic survey within the last five years; WHEREAS, as the traffic and engineering survey as defined by the State of California Vehicle Code must consider the prevailing speeds on the roadway as determined by traffic engineering measurements, accident history and highway, traffic and roadside conditions pursuant to establishing a posted speed limit; WHEREAS, staff conducted traffic counts and segment speed surveys citywide. Staff performed the required fieldwork to collect the biannual vehicular traffic volumes at 37 locations; and WHEREAS, the City Traffic Engineer reviewed the roadway conditions and the 23 24 studies conducted and recommended speed limit posting; and 25 WHEREAS, the City Council, upon considering the City Traffic Engineer's 26 findings, amended said findings with reference to Valley Drive between Gould Avenue and 2°d 27 Street, and Ardmore Avenue between Pier Avenue and 8th Street, finding that a speed limit posted at 28 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • 25 mph on these street segments is justified by narrow streets, heavy pedestrian traffic, pedestrian and vehicular activity associated with use of three City parks that take access of these street segments, a Farmer's Market, and a school, and the fact that these street segments are designated as Safe Routes To School. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH ORDAINS AS FOLLOWS: SECTION 1. A new Chapter 10.40 is added to Title 10 of the Hermosa Beach Municipal Code to read as follows: /1 Chapter 10.40 SPEED REGULATIONS Sections: 10.40.010 Basic Speed Law 10.40.020 Prima Facie Speed Limits 10.40.030 Signs 10.40.010 Basic Speed Law No person shall drive a vehicle upon a road at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on the road and road conditions, and in no event at a speed that endangers the safety of persons or property. 10.40.020 Prima Facie Speed Limits The prima facie speed that is most appropriate to facilitate the orderly movement of traffic and is a speed limit that is reasonable and safe is set forth in the chart below with reference to those streets or portions of streets so identified. No person shall operate any vehicle on the streets or street segments identified below at a speed in excess of the speed set forth below. -2- 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • STREET SEGMENTS SPEED LIMIT (MPH) Ardmore Ave. North City Limit to Gould Ave. Gould Ave. to 21St St. 21st St. to Pier Ave. Pier Ave. to 8th St. 8th St. to 2nd St. Artesia Blvd. Pacific Coast Hwy. To East City Limit Aviation Blvd. Pacific Coast Hwy. To East City Limit Gould Ave. Ardmore Ave. to Manhattan Ave. Hermosa Ave. 27th St. to 22nd St. 22nd St. to 16th St. 8th St. to Herondo St. Herondo St. Valley Dr. to Hermosa Ave. Longfellow Ave. Valley Dr. to Hermosa Ave. Manhattan Ave. North City Limit to Longfellow Ave. Longfellow Ave. to 27th St. Pier Ave. to 1st St. Monterey Ave. 19th St. to Pier Ave. Pier Ave. to Herondo St. Pacific Coast Hwy. Artesia Blvd. to 15th St. 15th St. to South City Limit -3- 35 30 30 25 25 40 35 25 30 30 30 35 25 30 30 25 25 25 35 30 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pier Ave. Pacific Coast Hwy. to Ardmore Ave. 25 Ardmore Ave. to Monterey Blvd. 25 Monterey Blvd. to Hermosa Ave. 25 Prospect Ave. Artesia Blvd. to 21st St. 25 21st St. to Aviation Blvd. 25 Aviation Blvd. to 6th ST. 25 6th St. to South City Limit 25 Valley Dr. North City Limit to Gould Ave. 30 Gould Ave. to 21st St. 25 21St St. to Pier Ave. 25 Pier Ave. to 8th St. 25 8th St. to Herondo St. 25 Second St. Pacific Coast Hwy. to Valley Dr 25 Valley Dr. to Hermosa Ave. 25 Eighth St. East City Limit to Pacific Coast Hwy. 25 Pacific Coast Hwy. to Ardmore Ave. 25 Thirtieth St. Pacific Coast Hwy. to Ardmore Ave. 25 The prima facie speedthat is most appropriate to facilitate the orderly movement of traffic and is a speed limit that is reasonable and safe on all streets other than the streets listed above is 25 mph. No person shall operate a motor vehicle on any street in the City not listed in the chart above in excess of 25 mph. 10.40.030 Signs The Public Works Director is authorized and directed to install appropriate signs upon the streets in the City giving notice of the prima facie speed limit established in this section. -4- 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 • • SECTION 2. Severability. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the invalidity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional. SECTION 3. Effective Date. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance or a summary thereof to be published in the manner required by law. SECTION 13. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city; shall make minutes of the 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 9th day of August, 2005 by the following vote: AYES: NOES: ABSENT: ABSTAIN: PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California 26 ATTEST: APPROVED AS TO FORM: 27 28 City Clerk -5- City Attorney kt .7/9/0-5 CONTINUED FROM THE JULY 12, 2005 CITY COUNCIL MEETING WITH A NEW PUBLIC HEARING NOTICE FOR A MODIFICATION TO THE PROJECT August 2, 2005 Honorable Mayor, and Members of the Regular Meeting of Hermosa Beach City Council August 9, 2005 SUBJECT: REQUEST: GENERAL PLAN AMENDMENT 05-4, ZONE CHANGE 05-4; 19 2ND STREET, GARY AND CINDI WELLS, APPEALANT 24449 HAWTHORNE BOULEVARD TORRANCE, CA 90505 TO APPEAL THE PLANNING COMMISSION'.S DECISION TO DENY A GENERAL PLAN AMENDMENT FROM NEIGHBORHOOD COMMERCIAL TO HIGH DENSITY RESIDENTIAL AND ZONE CHANGE FROM C-1 (NEIGHBORHOOD COMMERCIAL) TO R-3 (MULTI -FAMILY RESIDENTIAL) Recommendation: Direct staff as deemed appropriate in response to a modification in the applicant's request to place a deed restriction to limit the use of the property to a single-family dwelling (instead of the proposed' two units), in exchange for the City granting the requested General Plan Amendment and Zone Change to R-3. Background/Analysis: At the July 12th meeting, the City Council motion to approve the subject General Plan Amendment and Zone Change from C-1 to R-3 failed on 3 to 2 vote. The Council then decided to reopen the hearing for the purpose of considering whether to change the designation of the property to R=3 subject to a deed restriction that would limit development on the property to one sinle family dwelling. A new hearing notice was published for rehearing at City Council on August 9 . The use of a deed restriction in this manner is unusual and unprecedented in the City. In effect, the property would be rezoned and redesignated residential, but with restrictions limiting it to single family development. No building permit for redevelopment of the property would be issued unless the project conformed to the requirements of the deed restrictions. The City's Zoning Map would be amended to reflect a deed restriction on the property. The current C-1 zoning allows residential only in conjunction with ground floor commercial use. The proposed rezoning to residential allows the owner to use the property exclusively for residential purposes. The City Council should consider whether there is merit in the applicant's previously stated position tliat there is no utility for the property with the current zoning; whether rezoning in this manner will create a precedent for other similar requests elsewhere and whether it good planning acid zoning practice to reduce the limited amount of C-1 zoning in the city. If the Council decides to approve rezoning subject to a deed restriction, it must determine what development standards apply to the property. The property may be limited to R-1 development standards with greater restrictions for open space, setback, and building height or held to R-3 development standards that are less restrictive (See Attachment No. 1). • • The developer wants the deed restriction limited to R-3 development standards. However, the Council has the option and may want to impose R-1 standards or more restrictive standards in return for the right to exclusively develop the property residentially. of Blumenf, ld, 1 irector Community 11 evelopment Department Step City anager Attachments 1. Site comparison of R-1 and R-3 development. 2. Draft deed restriction 3. Maps (Location, General Plan, Zoning) 4. Aerial Photo 5. Correspondence from applicant, including fiscal analysis 2 Build -Out Analysis for 19 2nd Street * Estimated square footages, assumes no or limited below grade construction:. R-1 : Two stories with garage on first floor ground level open space in rear yard. R-3: Two stories above a. basement garage, with open space in upper floor decks and roof deck 1. Pursuant to Chapter 17.52, of the Zoning Ordinance, buildingscontaining nonconforming uses may be expanded up to a maximum of fifty (50) percent of the current replacement cost of the existing building(s). The total square footage noted above (2,025 square feet) is based on the maximum expansion allowed for the existing square footage of the building. Residential development standards (i.e. setbacks, open space, and lot coverage) do not apply to this project because the existing residential use is located on a C-1 zoned property. Development Standards Height Upper Level Open Space Ground Open Space Lot Coverage Total Square Footage *Single -Family Dwelling R-3 30 feet 300 0 65% 6,500 *Single -Family Dwelling R-1 25 feet 100. 300 65% 4,500 Nonconforming Remodel' C-1 30 feet -- -- -- 2,025 Two -Unit Condominium (proposed project) R-3 30 feet 450 150 64% 5,334 * Estimated square footages, assumes no or limited below grade construction:. R-1 : Two stories with garage on first floor ground level open space in rear yard. R-3: Two stories above a. basement garage, with open space in upper floor decks and roof deck 1. Pursuant to Chapter 17.52, of the Zoning Ordinance, buildingscontaining nonconforming uses may be expanded up to a maximum of fifty (50) percent of the current replacement cost of the existing building(s). The total square footage noted above (2,025 square feet) is based on the maximum expansion allowed for the existing square footage of the building. Residential development standards (i.e. setbacks, open space, and lot coverage) do not apply to this project because the existing residential use is located on a C-1 zoned property. • • WHEN RECORDED MAIL TO: City of Hermosa Beach Community Development Department 1315 Valley Drive Hermosa Beach, CA 90254 CITY OF HERMOSA BEACH DEED RESTRICTION This instrument, made this _ day of , 2005, by Gary Wells and Cindi Wells, the owners of the hereinafter described real property in the City of Hermosa Beach, California, and hereinafter referred to as the "Owners": WHEREAS, we Gary Wells and Cindi Wells, hereby declare under penalty of perjury that we are the owners of the hereinafter described real property, and that we are the only persons having any interest in the real property; WHEREAS, pursuant to the applicable provisions of the laws of the State of California and of the laws of the City of Hermosa Beach, the owners have applied for a change in the zoning classification of the below described real property from C-1 (Neighborhood Commercial) to R-3 (Multi -Family Residential); WHEREAS, the property subject to this deed restriction is described as City of Hermosa Beach, California, County of Los Angeles, State of California, as per map recorded in Book page(s) of Maps, Los Angeles County Records; and known as 19 2"d Street, Hermosa Beach, California (the "Property"), WHEREAS, the City is willing to change the zoning classification of the Property to R-3, subject to the following conditions imposed for the benefit of the public and which conditions have been agreed to by the owner freely and voluntarily and for valuable consideration, as follows: the Property shall be developed with no more than one (1) single-family dwelling, subject to development standards applicable in the R-3 zone. Owners acknowledge that a violation of said deed restriction shall, at the option of the City of Hermosa Beach, cause any benefit granted herein to be revoked or terminated or, in the alternative, cause this restriction to be enforced by order of a court of competent jurisdiction or to pursue any or all remedies available in law or equity, and the Owners agree to pay to the City its attorney fees expended in the. enforcement of said deed restriction, and the court may set the sum of said attorney's fees as part of any order or judgment. Said deed restriction shall apply to the property described above. Further, the undersigned consents and agrees that the 'Community Development Director or his representative may enter the premises and building at any reasonable time for the purpose of insuring the owners' compliance with this deed restriction/agreement and only for such purpose. Unless specifically modified or terminated in writing by the City of Hermosa Beach, this deed restriction shall remain in full force and effect. The execution of this deed restriction by the Owners shall constitute an agreement with the City of Hermosa Beach of each provision, term and condition contained herein and shall all be recorded as a covenant running with the land and which shall be prior to all encumbrances except all liens and shall be binding upon the heirs, devises, assigns, transferees, and successors in interest of the Owners. If any sentence, clause, phrase or portion of this deed restriction is for any reason held to be invalid or unconstitutional by ' the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this deed, restriction. IN WITNESS WHEREOF, the owners have executed this agreement on the date and year first above written at , California. Signature Print Name Signature Print Name *Signatures must be notarized (See attached notarization sheets). f:b95\cd\appplicat\deed restriction/2716 Hermosa Avenue S sr, r 4s c 4471.# © .i 14 II SI ro is $ D Z ADDRESS: 192ND STREET SCALE 1" = 100' ONTINENTAL MAPPING SERVICE 6325 Van Nuys Boulevard, Van Nuys, CA 91401 8 �•• — 50' 99 8 CODE .434p 3RD ST. FOR PREY. ASSMT. SEE: 4188 — 7 kg 2ND 19 Subjecf L4- Prot) esLJ oksi1 ST. HERMOSA BEACH M.B. 1-25-26 G-1 FZ z z 0 N FZ GENERAL PLAN MAP Cr- XYMaps - 19 2nd Street Page 1 orl /0 http : //x ymap s/s ery 1 et/c om.esri.esrim ap E s rim ap ? S ery c eNam e=lierm o s aB e ac hOV &ClientV ers i 06/23/2005 STEVE KAPLAN ATTORNEY AT LAW June 23, 2005 City Council City of Hermosa Beach Civic Center, 1315 Valley Drive Hermosa Beach, CA 90254 JUN 2 3 2005 COM. DEV. DEP E Attention: Ken Robertson Senior Planner, Community Development Department Re: Property located at 19 2nd Street Members of the City Council: The undersigned represents Gary and Cindi Wells, the owners of the above referenced property and the appellants with respect to the General Plan Amendment, and Zone Change applications denied by the Planning Commission on the evening of May 17t. The purpose of this letter is to detail our reasons for seeking the support of the City Council in (1) approving the change of the General Plan designation of my client's property from Neighborhood Commercial to High Density Residential and the corresponding zoning designation from C-1 to R-3; and (2) confirming the Planning Commission's support of the Precise Plan, CUP and subdivision map applications filed to effect the development of a 2 -unit condominium project. Please find outlined below our positions in support of the filed applications: 1. „The Planning Commission denied my client's request for a General Plan Amendment and Zone Change finding that the existing. General Plan and Zoning designations were the appropriate depth for commercial or mixed-use developments for the subject location. In the instant filing, the applicants ask that this City Council reconsider said finding for the reasons discussed below. The General Plan designation of Neighborhood Commercial is described at page 26 of the Land Use Element as. follows: "This category includes convenience stores, Laundromats and similar uses designed to primarily serve local walk-in traffic (bolded emphasis added)." The purpose of the C-1, Neighborhood Commercial Zone, as described in Section 17.26.020(B) of the Zoning Ordinance is "to provide sites for a mix of small local businesses appropriate for, and serving the daily needs of nearby residential neighborhoods (bolded emphasis added)... " 1219 MORNINGSIDE DRIVE PHONE (310) 802.1230 SUPPLEMENTUI INFORMATION SUITE 212 MANHATTAN BEACH, CA 9Q266 FAx (310) 802.0060 E-MAIL SIKREATTY@AOL.COM (I 5c Hermosa Beach City Council June 23, 2005 Page 2 The reclassification of my client's property to the requested designations will not prejudice the goals of the above stated city policies. The 60 -foot cumulative depth from Hermosa Avenue ofthe two properties to the east of my client's lot is sufficient in order to provide for the types of uses encouraged by the above quoted city guidelines. The walk-up trade contemplated by the neighborhood commercial designation does not demand extensive parking allocation. The realistic use of my client's property in any commercial or mixed-use development would be for parking... parking that is not required for a true walk-up neighborhood clientele. In addition, the classification of the subject property as commercial cannot be justified because 1) the property does not front on Hermosa Avenue; 2) the opportunities for commercial use are limited, or non-existent, due to the small size of the lot and its isolation from other commercial uses and/or lots; and 3) the properties directly north, east and west of the subject lot are classified as residential. Although as noted in the Planning Department staff report, the approval of these applications will preclude future expansion of the Hermosa Avenue commercial frontage through to the Beach Drive alley, such expansive development is improbable given that both the subject lot and 25 2°d Street must be combined with the Hermosa Avenue fronting commercial lot. It is the opinion of the undersigned that the truest barometer of the best use for property is the marketplace. My clients have been unable to sell their property as a commercial site for over two years. No development proposals or offers have been received by the 3 separate owners of the lots bounded by Hermosa Avenue and Second Street seeking to consolidate said properties into one integrated commercial project. If a demand existed for an integrated commercial use of said properties, such proposals or offers would have already transformed the site. Accordingly, -I believe the request to change the General Plan and Zoning designations of my client's property is both reasonable and justified. 2. Although the goal of promoting larger, integrated neighborhood commercial developments along secondary arterial streets is understandable, including the potential of creating and increasing annual fiscal revenues for the city, the policy has not achieved its desired end result in the instant case. Included in the materials submitted to the planning staff is a Comparative Fiscal Revenue Projection from the firm of Lee Kosmont Advisory Services. The conclusion of this report indicates that the city will receive more annual fiscal revenue from my client's proposed two- Hermosa Beach City Council June 23, 2005 Page 3 unit condominium project than it presently receives from the existing site uses or from a hypothetical mixed-use development of the site. For all of the reasons discussed above, request is hereby made to the City Council to approve all of the entitlement applications filed concerning the property located at 19 2nd Street. Thank you for your consideration of this material and I look forward to appearing before you next Tuesday evening. Sincerely, aplan : Gary and Cindi Wells Srour & Associates Ilksmont VISORY SERVICES Memorandum RECEIVOIS COM. DEV. DEP f To: Steve Kaplan, Esq. From: Ross S. Selvidge, Ph.D Date: April 21, 2005 Subject: Comparative Fiscal Revenue Projection for 19 2nd Street, Hermosa Beach At your request, Lee-Kosniont Advisory Services ("Lee-Kosmont") has estimated the potential site- specific fiscal revenues that are likely to be generated for the City of Iermosa Beach by the existing improvements and by two alternative development scenarios for the property known as 19 2nd Street, Hermosa Beach ("Property"). The. 'Property is currently developed with two residential rental units. The parcel is approximately 4,144 square feet in area. It is in a block with two other parcels, one of which has frontage on Hermosa Avenue. One of those two other lots is also developed with two residential units. The lot with frontage on Hermosa Avenue is developed with a single -story restaurant. The total combined area of the three lots that constitute the block is approximately 9,880 square feet. The existing C1 zoning of the Property and the other two parcels permits a range of commercial uses or a mix of commercial and residential uses. The existing zoning does not permit new development that is exclusively residential. The owners of the Property are applying for a rezoning of the parcel to permit the demolition of the existing improvements and the development of two residential condominium units. The purpose of this analysis is to compare the potential annual fiscal revenues that would be generated for the City of Hermosa Beach by two specified alternative development scenarios. In addition, and as a point of reference, the current fiscal revenues being generated by the Property for the City are also estimated. SUMMARY FINDINGS Exhibit 1 presents the estimated annual fiscal revenues in four principal categories that are expected to be generated by the Property in its present use as well as if redeveloped with the two proposed condominium units or as part of a hypothetical mixed-use development encompassing all three of the parcels on the block. The four principal sources of fiscal revenues from the Property are utility user tax, property tax, sales tax and business license tax. The City is .expected to receive the largest total fiscal revenues if the property is redeveloped with two condominium units. Redevelopment of the Property in a mixed-use in conjunction with the other two parcels on the block is expected to generate the second highest total fiscal revenues for 601 South Figueroa Street, Suite 3550 Los Angeles, CA 90017 Phone 213.623.8484 Fax 213.623.8288 www.kosmont.com A Member of the Lee & Associates Group of Companies /(L ee osmont ADVISORY SERVICES Comparative Fiscal Revenue Pnjection 19 2nd Street, Hermosa Beach April 21, 2005 Page 2 of 5 the City. The existing use of the Property is expected to produce the least total fiscal revenues for the City. Those estimated total annual fiscal revenues for the existing use and two alternative scenarios are as follows: Existing Use $1,900 • Condominium $8,500 Mixed -Use $5,960 Consequently, the redevelopment of the Property as two residentialcondominiums is expected to produce substantially higher annual fiscal revenue for the City than either the existing use or if redeveloped ,as a part of a hypothetical three -parcel mixed-use project. It should . be pointed out that prospect of the Property being redeveloped in a mixed-use in conjunction with the two other parcels on the block is highly speculative at best because it is impossible to estimate at what time in the future, if any, the three parcels might be combined under one. ownership. Because of its configuration and size, it is infeasible for the subject parcel to be developed in a mixed-use or exclusively retail/commercial use on its own. CURRENT USE AND PROPOSED CONDOMINIUM DEVELOPMENT The Property consists of a 1,137 square foot two -unit, wood -frame, single -story residential building. There is also a detached garage and two surface parking spaces. The lot is approximately 4,144 square feet in area. Property tax records state that the improvements were constructed in 1913. The units are currently occupied by tenants who lease the premises. The current assessed value is approximately $789,000. The owners propose to demolish the existing improvements and construct two residential condominium units on thc Property. The development would incorporate on-site all thc parking that is required by the Hermosa Beach zoning code. The owners' market analysis indicates that the units can be expected to sell for approximately $2,000,000 each upon completion. HYPOTHETICAL MIXED-USE DEVELOPMENT As an alternative to leaving the Property as -is, .or developing it with two condominium units, it would be permissible under the current zoning to develop the property with new exclusively commercial use (e.g., retail or restaurant). or mixed commercial and residential use. However, because of the small size and configuration of the Property, it would be infeasible from a practical standpoint to develop. the Property on a "stand alone" basis in either an exclusively commercial or mixed-use. The parcel by itself contains too little land area to accommodate both reasonable sized improvements and the amount of associated parking that would be required. Therefore, for new commercial or mixed-use development to be accommodated, it would be necessary to combine the Property with the two other parcels that make up the block in order to be • ee smont ADVISORY SERVICES 4) Comparative Fiscal Revenue Pn• jection 19 2nd Stree4 Hermosa Beach April 21, 2005 Page 3of5 able to construct improvements that would large enough to be rational from an economic standpoint. Together, the three parcels that comprise the block are approximately 9,880 square feet in area. An analysis was conducted to determine how many square feet of 1) exclusively commercial, or 2) mixed-use development could be accommodated if the hypothetical three -parcel site were combined under single ownership, cleared for new development, and relevant provisions of the Hermosa Beach zoning code applied. In order to accommodate improvements and the required parking, it would be possible to develop a maximum of approximately 4,480 square feet of exclusively retail development or 2,400 square feet of exclusively restaurant development on the combined parcels. In a mixed-use mode, it would be possible to develop approximately 3,750 square feet of retail in conjunction with two apartment units or 2,080 square fcct of restaurant in conjunction with two apartments. Additional apartments may theoretically be possible in a mixed-use mode but the size of the non-residential component would become marginal from an investment standpoint. Consequently, it would probably be optimal, from an investment standpoint for the three combined parcels to be developed with 3,750 square feet of retail in conjunction with two apartment units. This would include five parking spaces for the apartments and 15 parking spaces for the retail space. As indicated, it would be necessary for the three parcels that make up this site to be combined under one owner to undertake this hypothetical mixed-use development. It would be extremely difficult to estimate when, if ever, that might occur. The ability of someone to acquire all three parcels will depend on a number of factors such as the values of the individual parcels as is or upgraded compared to the value each would contribute as land to a joint development of all three parcels in combination. Market conditions and the personal investment circumstances of the three owners will be the major determinants of how those values would compare. It would be futile to try to guess by when those factors would move to the point that it would become economically rational for individual parcels owners to sell for a joint development. ANNUAL FISCAL REVENUES The direct site-specific annual fiscal revenues to the City will come from four principal sources. The factors utilized in producing the estimates of those revenues came from a number of sources including the current owners and Lee-Kosmont's own reference materials. For purposes of allocating the fiscal revenues from the hypothetical mixed-use development among the three parcels, the revenues are distributed in accordance withpercent of the total site that each individual parcel represents. As shown in Exhibit 2, the Property represents approximately 42% of the total site. UTILITY USER TAX The City levies a 6.00% tax on utility consumption at the "retail" level, which is paid by the utility user. The tax is levied on all utilities, including electricity, natural gas, water, telephone, cable television, and cellular phone. J osmont ADVISORY SERVICES Comparative Fiscal Revenue Pmjection 19 2nd Street Hermosa Beach April 2l , 2005 Page 4 of 5 Estimates for the utility expenditures subject to utility tax were based on utility expenditure patterns in comparable properties. The derivation of the total utility taxes received by the City are presented in Exhibit 2 for the existing use and condominiums and in Exhibit 3 for the hypothetical mixed-use development. The City is estimated to annually receive approximately $340 from the existing use and $460 from the proposed condominium development. The Property's 42% allocation from the hypothetical mixed-use development would be approximately $570. PROPERTY TAX The total base property tax is 1.0% of market value, in accordance with Article XIII of the State Constitution. Allocations of the base property tax between taxing entities varies by tax rate area (I'RA)..For the TRA in which the Property is located, thc City will receive approximately 20.0% of the base tax. A property is assessed at a market value that is determined when sale, change of ownership, or new construction occurs on the parcel. On an annual basis, a property's assessed value cannot increase by 'more than 2.0%. Development of the Property as condominiums or the hypothetical mixed-use will result in an increase in the property value site and a corresponding increase in the property tax revenue generated for the City general funds. The current assessed value for the Property is approximately $789,000. This generates $1,580 in annual property tax revenue for the City. This calculation is shown in Exhibit 3. The assessed value for the condominium development is based on the owners' the anticipated sale price of $2,000,000 per unit. The total estimated combined value would be $4,000,000. This will generate approximately $8,000 in annual property tax revenue for the City as shown in Exhibit 3. Based on discussions with individuals familiar with thc retail realestate market in Hermosa Bcach, retail space could be valued in the range of $290 per square foot or a total of $1,087,000. Based on potential rents, the apartments may be valued in the range of $648,000. This 'would produce a combined value for the mixed=use development of approximately $1,735,000. As shown in Exhibit 4, this value will generate a total of approximately $3,480 in annual property tax revenue for the City' from all three parcels. , SALES TAX The State collects an 8.25% sales tax on all qualifying sales in Los Angeles County. One percent (1.0%) of taxable sales is subsequently subvened by the State to the local jurisdiction (in this case the City of Hermosa Beach) in which the sale took place (i.e., to the point-of-sale). Taxable sales would only be produced by the hypothetical mixed-use development. Taxable sales are estimated to be in the range of $225 per square foot based on the location and the type of retail users that are likely to occupy the space. This will generate approximately $844,000 in annual taxable sales. As presented in Exhibit 4, the City's sales . tax revenue from this scenario is estimated to be /7 ee osmont ADVISORY SERVICES 11111 Comparative Fiscal Revenue Projection 19 2nd Street, Hermosa Beacb April21, 2005 Page 5 of 5 $8,440 annually from the entire mixed-use development. The 42% allocation to the Property would be approximately $3,540 per year. BUSINESS LICENSE TAX The City levies business license taxes on retail gross receipts. A flat tax of $100 is levied on the first $20,000 of gross receipts. Any excess above $20,000 is taxed at a rate of 0.10%. There is no business license tax on commercial rental receipts. Consequently, only the hypothetical mixed-use development would generate any business license tax for the City. To calculate the City's annual business license tax revenue from the hypothetical mixed-use development, the business license tax rate was applied to the estimated annual gross receipts from retail sales. Annual retail sales were estimated to be in the range of $225 per square foot based on the type of retail uscr that the site should be able to attract. Total retail sales were estimated to be approximately $844,000. This amount would generate approximately $920 in total business license tax revenue for the City from all three parcels. The 42% allocation to the Property is $390 per year. This calculation is shown in Exhibit 4. tg EXHIBIT 1 WELLS --HERMOSA BEACH COMPARATIVE ANNUAL FISCAL REVENUE SUMMARY COMPARISON Existing Condo Mixed Use Utility User Taxi $340 $460 $570 Property Tax 1,580 8,000 1,460 Sales Tax 0 0 3,540 Business License Tax 0 0 390 Total Fiscal Revenue $1,920 $8,460 $5,960 Wells Hermosa Bch Fiscal Rev 02A PDF (9 4812005 3:01 PM Honorable Mayor and Members of the Hermosa Beach City Council July` 2005 .c City Council Meeting of August 9, 2005 PUBLIC HEARING, CONSIDERATION OF NEW AND UPDATED CITY USER FEES, ADOPTION OF SCHEDULE FOR SEWER-CONNECTION FEE, NEW ADMINISTRATIVE FEE FOR FAILURE TO DISPLAY PLACARD V,A3- RECOMMENDATION: It is recommended that the City Council: 1. Hear public testimony regarding new and updated City user fees to recover costs of providing service; 2. Adopt the fees contained in the User Fee Study compiled by Maximus; 3. Adopt miscellaneous fees as updated by City, staff (not included in the User Fee Study); 4. Add the existing Sewer Connection Fee to the master fee resolution and adopt the Los Angeles County Sanitation District schedule as the basis for the City's fee; 5. Adopt Resolution 05- , amending the master fee resolution to include fees updated by the user fees study, updated miscellaneous user fees and adopting the Los Angeles County Sanitation District schedule for sewer connection fees; 6. Adopt Resolution 05- , approving a new administrative fee pursuant to Vehicle Code 40226 for failure to display a placard and adding same to the Bail Schedule for Parking Violations. BACKGROUND: The firm of Maximus (previously David M. Griffiths & Associates, who was acquired by Maximus) was retained to update the user fee study. The study was on hold for a prolonged period due to personnel changes, both at the City and with Maximus. Department directors and their staff spent a lot of time providing time allocations and checking them to ensure. they represent the work related to each user fee. By using Maximus' services to prepare the report, all direct and indirect costs of the service, including labor, overhead and materials are included in the study. The ambulance transport fee, which is included in the study, was already approved. by the City Council on June 14, 2005. ANALYSIS: (The User Fee Study is a separate document behind the staff report. It is separately numbered The other attached documents begin on page 4 behind the User Fee Study.) User Fee Study. (see the separate attached report from Maximus) The User Fee Study included four departments: Community Development, Public Works, Fire and Police. Community Resources fees are market driven for the most part and are reviewed by the Parks and Recreation Commission, therefore they are not included in the study. Miscellaneous fees, which were not included in the study, were updated by City staff and are addressed in a separate section below. The purpose of the -user fee study is to calculate the amount that should be charged in orderto recover the costs associated with each service. Knowing these costs is important for several reasons: 1 F:\B95\FINANCE1\User Fee Study 09,5 • Determining th t of services ensures that fees recove y costs reasonably borne, as mandated by ourMunicipal Code 2.64.010, which states, ursuant to Article XIIIB of the California Constitution, it is the intent of the City Council to require the ascertainment, and recovery of costs reasonably borne from fees and charges levied therefore in providing the regulations, products or services." • The study provides information to the City Council about which services are being subsidized and to what degree. It is important that fees be set to recover 100%f of the cost for providing a service when an individual is the one who benefits from the service as opposed to benefiting the entire community. • Periodic updates to fees ensure that the cost calculations take into consideration any changes in the way services -are offered. Per the existing Master Fee Resolution, fees are adjusted annually by the lower of 1).the percentage increase in the City's General Fund operating appropriations over theprior fiscal year or 2) the percentage change in the Consumer Price Index for All Urban Consumers. Annual adjustments are a good way of keeping fees in line with costs between studies. Maximus recommends and staff concurs, that a better method of annual adjustment would.be the percentage change in labor costs since those costs represent roughly 69% of the General Fund budget. The attached amendmentto the master fee resolution (page 7) reflects that change. The User Fee Study identifies net potential revenue growth of $533,000 as shown on page 14 of the Maximus report. (ten of the fees actually decrease) $300,000 was conservatively budgeted for 2005- 06. All fees except development fees (Community Development and sewer permits in Public Works) will be effective September 1, 2005. Development -related fees will be effective in 60 days or on November 1 as required by the Government Code 66017(a). Based on new fees adopted, revenue estimates will be revised at Midyear Budget Review to reflect anticipated additional revenue, if necessary. Detailed department models, which document the study calculations, areavailable in a 2" binder in the Finance Department. Manfred Endres and Nicole Kissam from Maximus will be available at the City Council meeting. Note: Select employee billing rates are included on the cost results worksheets in the study for use in "\ special event or other billable projects. Those rates are the fully burdened rate, which includes direct and indirect overhead costs. These are not the rates paid to the employees. Miscellaneous Fees. City Staff updated the 18 fees shown on pages 4-5 since they were not included in the User Fee Study. We would recommend including them in future updates. Staff went through a more simplified process to determine and calculate time involved in providing the services. As shown on the worksheets, updating the fees will generate an estimated additional $11,000. Sewer Connection Fee Schedule. Community Development currently uses the attached sewer connection fees (page 6) as set by the Los Angeles County Sanitation District. Staff recommends formalizing this practice by referencing it in the Master Fee Resolution. 2 F:\B95\FINANCE1\User Fee Study 09-08-05.doc New Administrative F or Failure to Display Disabled Plac . The California Vehicle Code now allows agencies to charg an administrative fee of $1.5 in lieu of co feeling a fine,for a citation for failure to display the disabled placard. Currently, the Administrative Review Investigator (ARI) dismisses citations if the individual, does have a placard but failed to display it. The Police Department supports a charge of $15, which is less than the maximum allowed, as a deterrent to individuals who repeatedly do not place the placards in their vehicle. The attached resolution adopts the fee and adds it to the existing Parking Violation Bail Schedule for use by the courts. Respectfully submitted, Con Viki Cope and > 0 Stye ''. Burrell"' Finance Director City Manager 3 F:\B95\FINANCE1\User Fee Study 09-08-05.doc August 4, 2005 Honorable Mayor and Members of the Hermosa Beach City Council o1 • -- /9/AuRegular Meeting of g/9/0-- August gust 9, 2005 REVISED OUTDOOR DINING. STANDARDS AND NEW RETAIL SALES/DISPLAYS STANDARDS FOR PIER PLAZA. Recommendation: 1. That the City Council review and approve the Outdoor Dining Guidelines 2. That the City Council review and approve the Retail Sales/Display Guidelines 3. That the City Council provide direction to staff on the implementation of the Retail Sales/Display Guidelines including a zone code text amendment. Background: The City Council, at its meeting of May 10, 2005, reviewed the existing outdoor dining guidelines and heard from a number of business operators on the Plaza on several ideasto improve the guidelines. The attached revised guidelines represent the direction that the City Council provided. These are ready for your review and adoption. Staff was further directed to develop a retail sales/display guidelines for all of the retailers on the Plaza. It was further decided that the retail operations would pay only the application fee of $370 and no monthly fee would be assessed as an incentive for the retail businesses: The attached retail sales/display guidelines set forth the basic rules and require that the business operator complete the application, and provide the insurance certificate. The Zone code will need to be amended to implement these guidelines as the present code prohibits outdoor display of merchandize. This amendment will be processed through the Planning Commission and back to the City Council for final approval. These guidelines have been written to meet the present parking requirements, which would allow outdoor display areas of up to 332 square feet without requiring an additional parking space. Considering that the most common space is 390 square feet (13x30=390) and the 5 -foot access way is deducted which leaves 325 square feet, which is below the 332 thresholds. A business wishing to have more space would have to consider the parking in lieu. None of the existing business displays would seem to require any additional parking. I have also attached a, letter from Mr. Leland Van Alder regarding the outdoor retail sales/display and he and others that are not located on Pier Plaza would like to have some ability to place merchandise outside of their stores on the sidewalk. If the City Council is interested in considering this request it could be included the text amendment --that staff will be taking to the Planning Commission. Respe fully submitted, /4 i .hen,. B rr City Manager S Attachment No..1 CITY OF HERMOSA BEACH OUTDOOR DINING DESIGN AND OPERATIONAL STANDARDS FOR PIER PLAZA I. INTRODUCTION A. The Outdoor Dining Design and Operational Standards are adopted pursuant to Section 12.16.100 of the Municipal Code in order to establish specific design and operational criteria for outdoor dining on the public right-of-way known as Pier Plaza (including Loreto Plaza). These standards balance the respective interests of restaurant establishments that desire to offer outdoor dining to their patrons, restaurant patrons and the City, which encourages the atmosphere created by outdoor dining but seeks to assure and protect the availability of the right-of-way for safe and convenient pedestrian passage. All outdoor dining on Pier Plaza shall comply with the standards=set forth herein, and all encroachment permits issued for outdoor dining on Pier Plaza shall be in conformance herewith. No person shall use the public right- of-way on Pier Plaza for outdoor dining without first obtaining an Outdoor Dining Encroachment Permit from the City. B. An outdoor dining area is a place on the public sidewalk where patrons may consume food and/or beverages provided by an adjacent food service establishment. C. Establishments serving alcoholic beverages that apply for an Outdoor Dining Encroachment Permit shall meet the additional requirements of the State of California Alcohol Beverage Control Board. D. These standards and procedures regulate the design and operation of outdoor dining areas on Pier Plaza. However, they do not provide information on all the government agency requirements for starting a new restaurant or expanding an existing one. Business owners must secure the appropriate licenses and permits from the State Alcohol Beverage Control Board, Los Angeles County Health Department, the City of Hermosa Beach Community Development Department and Business License Office.. E. Outdoor Dining Encroachment Permits are not transferable, salable, delegable or assignable. In the event of a transfer of the business, to the extent of 51% or more, the transferee shall apply to the Public Works Department for a new Encroachment Permit. F. These regulations do not apply to outdoor dining on private property or on the public right-of-way outside of Pier Plaza.. 1 II. APPLICATION PROCEDURE A. An application form for an Outdoor Dining Encroachment Permit may be obtained from the Public Works Department. A scaled and measured plan prepared by a licensed design professional shall accompany the application form. The plan shall delineate the encroachment area and the layout of furnishings and allowable amenities. The plan shall comply with all building and fire code regulations, and shall comply fully with all State and federal laws providing for access by the disabled. If the Applicant intends to modify the arrangement of furniture and other amenities or otherwise deviate from the plan at any time or times during the term of the Permit, the plan shall delineate all alternate arrangements to be utilized and all shall comply with the requirements set forth herein. B. An application fee in an amount determined by resolution of the City Council shall be paid at the time the application is submitted to the Public Works Department. C. Public Works Department staff shall obtain the written concurrence of the Community Development Department before approving any Outdoor Dining Encroachment Permit. D. The Director of Public Works is authorized to approve an outdoor dining application and to issue an Outdoor Dining Encroachment Permit on behalf of the City. The Encroachment Permit will specify the amount of the Outdoor Dining License fee to be paid by the applicant as established by resolution of the City Council. E. A maintenance deposit, in an amount determined by the Public Works Director to be adequate to pay for the replacement of the sidewalk paving and any fixtures within the outdoor dining area, shall be paid to the City at the time the Outdoor Dining Encroachment Permit is issued. It is the responsibility of the Applicant to maintain sidewalk paving and fixtures within the outdoor dining area in the condition they are in at the time of permitting. The Applicant shall be responsible for any repairs required as a result of the Applicant's use of the area. Upon termination of the Permit and inspection of the paving and fixtures by the Public Works Department, the deposit shall be refunded to the Applicant less any offset for repairs. F. An application for renewal of an Outdoor Dining Encroachment Permit may be submitted to the Public Works Department on a form obtained from the Director. The application must be filed with the Public Works Department no later than thirty (30) days prior to the expiration of the existing Outdoor Dining Encroachment Permit. Upon determination by the Director that the Permit should be renewed, the Applicant shall pay the annual fee as determined by resolution of the City Council. 2 III. OUTDOOR DINING SITES A. The outdoor dining encroachment area shall be a maximum depth of thirteen feet (13') and include a clear, continuous pedestrian path not less than five feet (5') in width or more as deemed appropriate by the Director of Public Works for pedestrian circulation outside of the outdoor dining area. As used herein, pedestrian path means a continuous obstruction -free sidewalk area, paved to City standards, between the outside boundary of the dining area. B. The outdoor dining area shall be accessible to the disabled. The buildings adjacent to these dining areas shall maintain building egress as defined by the Uniform Building Code and Title 24 Disabled Access Standards. C. The final location and configuration of the outdoor dining area shall be subject to approval by the Director of Public Works, who shall consider public safety issues unique to the specific location. D. No underground utilities are permitted within the encroachment area. IV. DESIGN STANDARDS A. Establishments that serve alcoholic beverages in the outdoor dining area shall provide a physical barrier that satisfies these Standards and of the Alcohol Beverage Control Board. It is the responsibility of the applicant to research and verify design compliance with the Alcohol Beverage Control Board prior to filing an application for an Outdoor Dining Encroachment Permit. Barriers shall conform to the Public Works Director's installation standards and be removable. Barriers need not be removed each evening, but shall be capable of being removed; if imbedded into the pavement they must be fixed through the use of recessed sleeves and posts, otherwise by wheels that can be locked into place or weighted in place. C. Any modification to the surface of public sidewalks, such as borings for recessed sleeves, shall be approved by the Director. In no case shall there be any modification to the existing sidewalk surface. D. Barriers shall be able to withstand inclement outdoor weather and one hundred (100) pounds of horizontal force at the top of the barriers when in their fixed positions. E. The height of any barrier shall not exceed three feet six inches (3'- 6") exception that clear glass or plastic windscreens not to exceed 6.5' in height may also be installed on the westerly side of the encroachment area. • • The use of awnings or umbrellas over the outdoor dining area is permitted, provided they do not interfere with street trees. No portion of an awning or umbrella shall be less that eight feet (8') above the sidewalk. Umbrellas must be contained within the encroachment area. Awnings may extend up to six feet six inches(6'-6") from the building front or cover up to fifty percent (50%) of the outdoor dining area, whichever is less. A building permit must be obtained prior to installation of an awning. G. Outdoor lighting fixtures should complement the style of the building. Lighting fixtures shall not be glaring to pedestrians on the adjacent right-of-way, and shall illuminate only the outdoor dining area. Outdoor lighting may be installed on the facade of the building. Lighting shall be'installed by a licensed electrician and. requires an electrical permit from the Building and Safety Division. H. Tivoli lights, table lamps and candles are encouraged. The use of any candles shall comply with State of California Fire Code and applicable City of Hermosa Beach requirements. I. An Historic Preservation Certificate of Appropriateness shall be required prior to attaching any lights, awnings, or physical barriers to an historic structure that has been designated "landmark" or "significant" by the City Council. J. Flowering plants are encouraged. K. Television sets are permitted with a building permit and electrical permit. L. Heaters are permitted with a building permit, electrical and plumbing permit. M. Host/hostess podiums, ash cans, portable heaters and stanchions used to facilitate queuing of patrons are permitted both within and outside the encroachment area. Any such items shall be placed only in locations shown on the approved plan. Items may be placed outside the encroachment area only if covered by the liability insurance policies required by Section VI of these Standards. STANDARDS OF OPERATION A. Restaurant management is responsible for running and operating the outdoor dining area and shall not delegate or assign that responsibility. Outdoor dining areas shall be continuously supervised by management. Patrons are prohibited from disturbing customers or passersby on the adjacent right-of-way by loud, boisterous, and unreasonable noise, offensive words or disruptive behavior. B. Restaurant management shall keep the outdoor dining area clear of litter, food scraps, and soiled dishes and utensils at all times. Trash receptacles shall be provided in outdoor dining areas used for consuming take-out items. 4 • • C. At the end of each business day, establishments are required to clean (sweep and wash) the area in and around the outdoor dining area and remove the debris to a closed receptacle.. No debris shall be swept, washed, or blown into the sidewalk, gutter or street in conformance with the City's NPDES regulations. D. Televisions shall not be operated with audio. E. If disposable materials are used, the establishment shall comply with all applicable City recycling programs. F. Plants shall be properly maintained and stressed or dying plants shall be promptly replace. Because plant fertilizers contain materials that can stain the pavement, water drainage from any. plants onto the adjacent right-of-way shall not be allowed. Potted plants shall have saucers or other suitable systems to retain seepage and be elevated to allow for air flow of at least one inch (1") between saucer and sidewalk. G. Awnings and umbrellas shall be washed whenever they are dirty and, in any event, no less than two times each year. H. All plans and permits for the outdoor dining area approved by the City shall be kept on the premises for inspection at all times when the establishment is open for business. I. Outdoor dining areas shall be operated in a manner that meets all requirements of the Los Angeles County Health Department and other applicable regulations. J. Upon termination of the Outdoor Dining Encroachment Permit, the Permittee shall immediately remove the barriers around the outdoor dining area, return the sidewalk to its original condition, and remove all personal property, furnishings, and equipment from the sidewalk. Any personal property remaining on the premises shall be removed pursuant to the laws of the State of California. K. All existing CUP provisions for the adjoining commercial establishment shall be enforced within the encroachment area. Noise, hours of operation and other city requirements shall be strictly enforced as if the encroachment area were an extension of the permittees place of business. If the encroachment permit requirements should not agree with the CUP requirements the stricter of the two requirements shall prevail. L. The allowable hours of operation within the outdoor encroachment area shall be consistent with the CUP requirements for a particular permittee. City Council will have the option to extend these hours for special events. The total number of patrons inside the establishment and in the outdoor encroachment area shall not exceed the posted occupancy limits of the establishment.. VI: INSURANCE A. B. C. D. The Applicant shall obtain and maintain in force during the life of the Outdoor Dining Encroachment Permit comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate, of at least one million dollars ($1,000,000) covering the applicant's operations on the sidewalk. Such insurance shall name, on a Special Endorsement form, the City, its elected, appointed boards, officers, agents and employees as additional insureds. A Certificate of Insurance shall contain provisions that prohibit cancellation, modification, or lapse without thirty (30) days prior written notice to the City. Both the Certificate of Insurance andthe completed standard Special Endorsement form shall be submitted with the completed application for an Outdoor Dining Encroachment Permit. The Applicant shall obtain and maintain in force during the life of the Outdoor Dining Encroachment Permit Worker's Compensation insurance with statutory limits, and employer's liability insurance with limits of not less than one million dollars ($1,000,000) per accident. Comprehensive general liability policy shall provide coverage for all of the Applicant's outdoor operations and facilities whether or not within the encroachment area. The Applicant shall indemnify and hold harmless City, its officers, employees and agents from and against all claims, causes of action, liabilities and damages for injuries to persons and property, including reasonable costs of defense and attorney fees, arising from the Applicant's encroachment on City property, including but not limited to the Applicant's negligent or wrongful acts, errors or omissions in the construction, erection, operation and continued maintenance of the encroachment in its location. The Applicant shall promptly pay the amount of any judgment rendered against City, its officers, employees and agents for any such indemnified claims, and reasonable costs and attorney fees incurred by City in the defense of such claims. VI.I. ENFORCEMENT A. Notice of violation of the outdoor dining design standards or standards of operation shall be made in writing to the Permittee by any Code Enforcement Officer, Public Works Inspector or Building Inspector of the City. A copy of the notice shall be filed with the Public Works Director. The Permittee shall immediately cure the violation upon receipt of notice. If the violation is not cured within ten (10) days after issuance of the notice to the Permittee, the Director may suspend or revoke the Encroachment Permit. B. The Outdoor Dining Encroachment Permit is in the nature of a revocable license, and is revocable at will by the City. The Public Works Director may revoke an Outdoor 6 • • Dining Encroachment Permit upon thirty (30) days written notice. with or without cause. The Director's decision may be appealed to the City Council pursuant to the provisions of Chapter 12 of the Hermosa Beach Municipal Code. The City Council's decision shall be final. 7 Attachment No. 2 CITY OF HERMOSA BEACH RETAIL SALES/DISPLAY STANDARDS FOR PIER PLAZA I. INTRODUCTION A. The Outdoor Retail Sales/Display Standards are adopted pursuant to Section 12.16.100 of the Municipal Code in order to establish specific design and operational criteria for outdoor sales on the public right-of-way known as Pier Plaza (including Loreto Plaza). These standards balance the respective interests of retail establishments that have outdoor retail sales and the need to assure and protect the availability of the right-of-way for safe and convenient pedestrian passage. All retail sales/displays on Pier Plaza shall comply with the standards set forth herein, and all encroachment permits issued for outdoor sales on Pier Plaza shall be in conformance herewith. No person shall use the public right-of-way on, Pier Plaza for retail sales/displays without first obtaining an Encroachment Permit from the City. B. An outdoor retail sales/display area is a place on the public sidewalk where business may sell and display merchandise sold in the principal retail establishment: C. These standards and procedures regulate the design and operation of outdoor retail sales areas on Pier Plaza. However, they do not provide information on all the government agency requirements for starting a new business or expanding an existing one. Business owners must secure the appropriate licenses and permits from the City of Hermosa Beach Community Development Department and Business License Office. D. Outdoor Retail Sales/Display Encroachment Permits are not transferable, salable, delegable or assignable. In the event of a transfer of the business, to the extent of 51% or more, the transferee shall apply to the Public Works Department for a new Encroachment Permit. E. These regulations do not apply to outdoor retail sales on private property or on the public right-of-way outside of Pier Plaza.. II. APPLICATION PROCEDURE A. An application form for a Retail Sales Encroachment Permit may be obtained from the Public Works Department. A scaled and measured plan prepared by a licensed design professional shall accompany the application form. The plan shall delineate the encroachment area and the layout of the display area and allowable amenities. 8 • The plan shall comply with all building and fire code regulations, and shall comply fully with all State and federal laws providing for access by the disabled. If the Applicant intends to modify the arrangement of furniture and other amenities or otherwise deviate from the plan at any time or times during the term of the Permit, the plan shall delineate all alternate arrangements to be utilized and all shall comply with the requirements set forth herein. B. An application fee in an amount determined by resolution of the City Council shall be paid at the time the application is submitted to the Public Works Department. C. Public Works Department staff shall obtain the written concurrence of the Community Development Department before approving any Outdoor Retail Sales/Display Encroachment Permit. D. The Director of Public Works is authorized to approve a retail outdoor sales/display application and to issue an Encroachment Permit on behalf of the City. E. A maintenance deposit, in an amount determined by the Public Works Director to be adequate to pay for the replacement of the sidewalk paving and any fixtures within the outdoor retail sales/display area, shall be paid to the City at the time the Encroachment Permit is issued. It is the responsibility of the Applicant to maintain sidewalk paving and fixtures within the outdoor retail sales/display area in the condition they are in at the time of permitting. The Applicant shall be responsible for any repairs required as a result of the Applicant's use of the area. Upon termination of the Permit and inspection of the paving and fixtures by the Public Works Department, the deposit shall be refunded to the Applicant less any offset for repairs. F. An application for renewal of an Outdoor Retail Sales/Display Encroachment Permit may be submitted to the Public Works Department on a form obtained from the Director. The application must be filed with the Public Works Department no later than thirty (30) days prior to the expiration of the existing Outdoor Retail Sales/Display Encroachment Permit. Upon determination by the Director that the Permit should be renewed, the Applicant shall pay the annual fee as determined by resolution of the City Council. III. OUTDOOR RETAIL SALES/DISPLAY SITES A. The outdoor retail sales/display encroachment area shall be a maximum depth of thirteen feet (13') and include a clear, continuous pedestrian path not less than five feet (5') in width or more as deemed appropriate by the Director of Public Works for pedestrian circulation outside of the encroachment area. As used herein, pedestrian path means a continuous obstruction -free sidewalk area, paved to City standards, between the outside boundary of the dining area. 9 • B. The outdoor retail sales/display area shall be accessible to the disabled. The buildings adjacent to these encroachment areas shall maintain building egress as defined by the Uniform Building Code and Title 24 Disabled Access Standards. C. The final location and configuration of the outdoor retail sales display area shall be subject to approval by the Director of Public Works, who shall consider public safety issues unique to the specific location. No underground utilities are permitted within the encroachment area. IV. DESIGN STANDARDS A. Barriers if desired by the applicant, shall conform to the Public Works Director's installation standards and be removable. Barriers need not be removed each evening, but shall be capable of being removed; if imbedded into the pavement they must be fixed through the use of recessed sleeves and posts, otherwise by wheels that can be locked into place or weighted in place. B. Any modification to the surface of public sidewalks, such as borings for recessed sleeves, shall be approved by the Director. In no case shall there be any modification to the existing sidewalk surface. C. Barriers shall be able to withstand inclement outdoor weather and one hundred (100) pounds of horizontal force at the top of the, barriers when in their fixed positions. D. The height of any barrier shall not exceed three feet six inches (3'- 6") exception that clear glass or plastic windscreens not to exceed 6.5' in height may also be installed on the westerly side of the encroachment area. E. The use of awnings or umbrellas over the outdoor retail sales/display area is permitted, provided they do not interfere with street trees. No portion of an awning or umbrella shall be less that eight feet (8') above the sidewalk. Umbrellas must be contained within the encroachment area. Awnings may extend up to six feet six inches(6'-6")from the building front or cover up to fifty percent (50%) of the outdoor dining area, whichever is less. A building permit must be obtained prior to installation of an awning. F. Outdoor lighting fixtures should complement the style of the building. Lighting fixtures shall not be glaring to pedestrians on the adjacent right-of-way, and shall illuminate only the outdoor retail sales/display. Outdoor lighting may be installed on the facade of the building. Lighting shall be installed by a licensed electrician and requires an electrical permit from the Building and Safety Division. 10 • • G. A Historic Preservation Certificate of Appropriateness shall be required prior to attaching any lights, awnings, or physical barriers to an historic structure that has been designated "landmark" or "significant" by the City Council. STANDARDS OF OPERATION A. ' Management is responsible for running and operating the outdoor retail sales/display area and shall not delegate or assign that responsibility. Outdoor retail sales/display areas shall be continuously supervised by management. Patrons are prohibited from disturbing customers or passersby on the adjacent right-of-way by loud, boisterous, and unreasonable noise, offensive words or disruptive behavior. B. Management shall keep the outdoor area clear of litter and. debris at all times. C. At the end of each business day, 'establishments are required to clean (sweep and wash) the area in and around the outdoor area and remove the debris to a closed receptacle. No debris shall be swept, washed, or blown into the sidewalk, gutter or street in conformance with the City's NPDES regulations. D. Awnings and umbrellas shall be washed whenever they are dirty and, in any event, no less than two times each year. E. All plans and permits for the outdoor retail sales/display areas approved by the City shall be kept on the premises for inspection at all times when the establishment is open for business. F. Outdoor retail sales/display areas shall be operated in a manner that meets all requirements of applicable regulations. G. Upon termination of the Outdoor Retail Sales/Display Encroachment Permit, the Permittee shall immediately remove the barriers around the outdoor area, return the sidewalk to its original condition, and remove all personal property, furnishings, and equipment from the sidewalk. Any personal property remaining on the premises shall be removed pursuant to the laws of the State of California. H. All existing CUP provisions for the adjoining commercial establishment shall be enforced within the encroachment area. Noise, hours of operation and other city requirements shall be strictly enforced as if the encroachment area were an extension of the permittees place of business. If the encroachment permit requirements should not agree with the CUP requirements the stricter of the two requirements shall prevail. The allowable hours of operation within the outdoor encroachment area shall be consistent with the CUP requirements for a particular permittee. 11 VI. INSURANCE A. The Applicant shall obtain and maintain in force during the life of the Outdoor Retail Sales/Display Encroachment Permit comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate, of at least one million dollars ($1,000,000) covering the applicant's operations on the sidewalk. Such insurance shall name, on a Special Endorsement form, the City, its elected, appointed boards, officers, agents and employees as additional insureds. A Certificate of Insurance shall contain provisions that prohibit cancellation, modification, or lapse without thirty (30) days prior written notice to the City. Both the Certificate of Insurance and the completed standard Special Endorsement form shall be submitted with the completed application for an Encroachment Permit. B. The Applicant shall obtain and maintain in force during the life of the Outdoor Encroachment Permit Worker's Compensation insurance with statutory limits, and employer's liability insurance with limits of not less than one million dollars ($1,000,000) per accident. C. Comprehensive general liability policy shall provide coverage for all of the Applicant's outdoor operations and facilities whether or not within the encroachment area. D. The Applicant shall indemnify and hold harmless City, its officers, employees and agents from and against all claims, causes of action, liabilities and damages for injuries to persons and property, including reasonable costs of defense and attorney fees, arising from the Applicant's encroachment on City property, including but not limited to the Applicant's negligent or wrongful, acts, errors or omissions in the construction, erection, operation and continued maintenance of the encroachment in its location. The Applicant shall promptly pay the amount of any judgment rendered against City, its officers, employees and, agents for any such indemnified claims, and reasonable costs and attorney fees incurred by City in the defense of such claims. VI.I. ENFORCEMENT A. Notice of violation of the outdoor retail sales/display standards or standards of operation shall be made in writing to the Permittee by any Code Enforcement Officer, Public Works Inspector or Building Inspector of the City. A copy of the notice shall be filed with the Public Works Director. The Permittee shall immediately cure the violation upon receipt of notice. If the violation is not cured within ten (10) days afler issuance of the notice to the Permittee, the Director may suspend or revoke the Encroachment Permit. B. The Outdoor Retail Sales/Display Encroachment Permit is in the nature of a revocable license, and is revocable at will by the City. The Public Works Director 12 may revoke an Outdoor Sales/Display Encroachment Permit upon thirty (30) days "written notice, with or without cause. The Director's decision may be appealed to the City Council pursuant to the provisions of Chapter 12 of the Hermosa Beach Municipal Code. The City Council's decision shall be final. RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA ADOPTING STANDARDS AND PROCEDURES FOR THE DESIGN AND OPERATION OF OUTDOOR DINING AREAS ON PIER AVENUE AND OUTDOOR RETAIL SALES/DISPLAY AREAS ON PIER PLAZA The City Council of the City of Hermosa Beach does hereby resolve as follows: • Section 1. On August 9, 2005, the City Council conducted a public meeting to review the outdoor dining standards and procedures for outdoor dining areas on Pier Avenue adopted in 1997, and to consider establishing standards for outdoor retail sales display areas on Pier Plaza, pursuant to Title 12, Chapter 12.16 of the Municipal Code pertaining to,encroachments into the Public Right -of -Way. Section 2. The City Council determined that the outdoor dining standards for dining establishments using these encroachment areas should be amended and updated, and that standards for outdoor retail sale display shall be established in conjunction with the consideration of a text amendment to allow retail sales display for retail business located on Pier Plaza. Section 4. Based on the foregoing, the City Council hereby adopts the City of Hermosa Beach Outdoor Dining Standards and Procedures for Pier Avenue, and the City of Hermosa Beach Retail Sales/Display Standard for Pier Plaza, attached hereto and incorporated herein by reference. PASSED, APPROVED, and ADOPTED this day of August 9, 2005 PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY CLERK 0 CITY ATTORNEY F:\B95\CD\C\Reso-outdo.ordiningstandards.DOC 14 5. PUBLIC HEARINGS - None 6. MUNICIPAL MATTERS a. REVIEW OF COMMERCIAL OUTDOOR DINING REGULATIONS — H.B.M.C. SECTION 12.16.090 —12.15.100 AND OUTDOOR DINING STANDARDS AND PROCEDURES - LOWER PIER AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated May 2, 2005. Supplemental photographs of Encroachment Permit violations on Pier Plaza received from Director Blumenfeld on May 10, 2005. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Jenkins and City Manager Burrell also responded to Council questions. Coming forward to address the Council on this issue were: Ron Newman — Aloha Sharkeez, commented on staffs concerns; said there was no need to remove furniture from the patio; said customers should be allowed on the patio, whether they are waiting, eating, drinking or smoking; said they had no problem indemnifying the City; said a five- foot pedestrian path outside the encroachment area was no longer needed since parking will not be allowed on ,the plaza area; stressed the importance of heaters and televisions, noting that the TV sound was barely audible and never on at night; felt their TV installation complied with building codes; did not think the awning issue was a problem at his establishment; said if non -amplified music on the patio was a problem, they would eliminate it; Diana Albergate — Mermaid, said she had no outdoor patio but agreed that clarification on some of these issues would be helpful; said there should be no major problems if insurance carriers could indemnify .the City; suggested using painted lines rather than stanchions for queuing purposes; said enforcement would take care of any noise problems; Rick Warren — attorney representing Aloha Sharkeez, said capacity had been reviewed by the. Police and Fire departments, that standards were consistent with requirements of the City and State Fire Marshall, and that it should not matter if customers are standing or sitting; said patrons do enjoy the televisions,especially during special events, and the sound is barely audible or is off with closed captioning;. regarding hours of operation of the patio, said it would be more orderly to allow smokers on the patios than to move them out to the promenade; Brian Beckman — Hennessey's and Lighthouse, said people were in and out of the businesses all the time, sometimes to smoke, and that it would be easier to not have to try to keep a count as people come in and out; said they maintain their windscreens and have heaters and umbrellas for the comfort of their customers; said line stanchions keep order and do not present a safety hazard, stating that the stone squares on the Plaza were more likely to cause someone to trip; suggested that the City Council Minutes 05-10-05 Page 11653 sign permit be changed from once a year for three months to possibly three or four times a year for a week; said noise is the major issue and they were keeping doors and windows closed to improve the situation; Fred Hahn — Patrick Molloy's, said the previous speakers made good points, and the real issue was noise; said allowing people to stand on the patio or go out to the patio to smoke should not be a problem as long as the capacity was not exceeded; said the stanchions are important to guide people into lines; said they had no problem indemnifying the City and would have no problem complying with windscreen, awning, and heater requirements, noting that they needed these items for the comfort of their customers; urged the Council to establish regulations which were good for the community as well as the restaurants; Jeff Belandi — Dragon, said the major issue was noise; said they had been approached by the Fire and Police departments with complaints that their establishment is too loud, but he was not aware of established levels and asked about the method and location for measuring sound levels; said he had previously been opposed to closing thedoors and windows but had been doing it lately and things were better; said customers should be able to go: out to the patio for a quiet atmosphere or back inside for the music; said the back door had to be left open occasionally for things like taking out trash, and the front door was constantly being opened for customers entering or leaving; Carla Merriman — Hermosa Beach Chamber of Commerce and Visitors' Bureau Executive Director, asked that Council consider the differences between retail and restaurant businesses, particularly in reference to sign restrictions and indemnification; said during a recent sidewalk sale event, the Chamber of Commerce — unable to contact all business owners for insurance purposes purchased a general policy for the businesses which was cheaper than event insurance; said the profit margin was much greater for restaurants than for retail;, spoke of the Chamber's signs on the Plaza cautioning patrons about drinking and driving and being noisy in adjoining neighborhoods; said some people involved in noise issues weren't patronizing the businesses but merely hanging out in the Plaza or walking back to their cars or apartments; Bill Robb — Treasure Chest, thanked the City for allowing him to encroach into the Plaza; said retail does not come close to restaurants in square footage or to the revenue of a restaurant per square foot, and it was hard for a retail business to survive in the City, requested that the Council not impose any additional fees on retail businesses; Gary Vincent — Fat Face Fenner's Fishack, said he is a professional sound engineer with a degree from Loyola Marymount and a member of the Audio Engineering Society for 15 years; showed the Council a dB meter from his business and said his speaking voice this evening measured about 68 to 70 dB; said two weeks ago he was issued a notice of violation for noise emanating from his property and at that time his meter measured about 74 dB or Less than a 10% difference from the overall noise level currently in the Council Chambers; said at the time of his violation notice, the overall noise level on the City Council Minutes 05-10-05 Page 11654 promenade was less than 80 dB, still less than 20% compared to the current Chamber sound; asked that the Council keep this in mind when discussing noise issues on the promenade, and Sean Rojeski — Club Sushi employee and 10th Street resident, said he understood noise issues; said there were many charitable events and other pleasant things on the Plaza that were not involved in the 1 to 2 a.m. time period when most problems occur; said the bars are most concerned with customer service and must comply with codes; said clear guidelines that everyone can follow would be helpful. Action: To allow sitting or standing in the encroachment area as long as the occupancy level, based on square footage and an approved seating plan with fire aisles, is not exceeded. Motion Edgerton, second Yoon. The motion carried by a unanimous vote. Further Action: To issue no -fee encroachment permits, except for a one- time application fee of $370, to the retail businesses on Pier Plaza, and to require businesses to show proof of insurance to indemnify the City. Motion Yoon, second Edgerton. The motion carried by a unanimous vote. In response to a request by Mayor Reviczky, City Manager Burrell said he would look into the suggestion of a blanket policy for those businesses. Further Action: To require windscreens to be of standard design throughout Pier Plaza, made of clear material .and maintained to remain so, with the height and specific design to be determined after a survey by City staff of the windscreens currently in place, and to establish a deadline for compliance. Motion Edgerton, second Yoon. The motion carried by a unanimous vote. Further Action: To delete the five-foot requirement at the Strand, thereby allowing Hennessey's and Cantina Real to maintain their current encroachment areas. Motion Tucker, second Edgerton. The motion carried by a unanimous vote. Further Action: To delete the requirement for a five-foot pedestrian pathway outside of the encroachment areas. Motion Edgerton, second Keegan. The motion carried by a unanimous vote. Further Action: To allow podiums for hostesses/greeters and stanchions for line queuing on the Plaza outside the encroachment area, if needed, and if included in the plan submitted to the City by the business. Motion Yoon, second Keegan. The motion carried by a unanimous vote. In response to a Council question, City Manager Burrell said none of these issues affect the bakery and Lappert's ice cream shop, which serve food but not alcohol. City Council Minutes 05-10-05 Page 11655 • • Further Action: It was the consensus of the Council to allow ashtrays outside of the encroachment area. Proposed Action: To allow "sandwich board" signs, banners, and temporary signs within the encroachment area. Motion Tucker, second Edgerton. The motion failed due to the dissenting votes of Keegan, Yoon and Mayor Reviczky. Further Action: To allow heaters inside the encroachment area as needed and to allow them to be placed just outside the encroachment area rail, with insurance required to indemnify the City. Motion Edgerton, second Tucker. The motion carried, noting the dissenting vote of Mayor Reviczky. Further Action: To allow televisions in the encroachment area with the requirement that the volume be turned off and that the installation is safe and in compliance with the Building Code. Motion Edgerton, second Yoon. The motion carried, noting the dissenting votes of Keegan and Mayor Reviczky. Further Action: To allow use of awnings and other overhead structures to cover up to 50% of the encroachment area with a required permit. Motion Yoon, second Edgerton. The motion carried by a unanimous vote. Further Action: To delete the requirement that when an establishment stops serving for the day, further seating shall be prohibited. Motion Edgerton, second Tucker. The motion carried by a unanimous vote. Further Action: Toprohibit any amplified music in the encroachment area, except for special event permits. . Motion Keegan, second Tucker. The motion carried,' noting the dissenting vote of Edgerton. At 9:09 p.m., Councilman Yoon left the room. Further Action: To agendize for the next Council meeting of May 24 the issue of setting guidelines and establishing a noise standard to which all businesses on Pier Plaza must comply. Motion Edgerton, second Mayor Reviczky. The motion carried, noting the absence of Councilman. Yoon. City Manager Burrell said all of the motions would be converted into written encroachment permit regulations and brought back to the Council for consideration and approval. The meeting recessed at 9:12 p.m. The meeting reconvened. at 9:26 p.m., with item 7(b) and a full Council present. City Council Minutes 05-10-05 Page 11656 FROM CONCERNED MERCHANTS August 3, 2005 CITY MANAGER MEMBERS OF CITY COUNCIL. IT HAS COME TO OUR ATTENTION THAT THE CITY HAS BEGUN TELLING MERCHANTS THAT THEY MUST REMOVE THEIR DISPLAYS OFF ALL CITY PROPERTY EXCEPT THOSE RETAIL STORES LOCATED ON LOWER PIER AVENUE. SINCE THE CITY HAS NOT ALLOWED SIGNS IN FRONT OF OUR BUSINESSES OUR SALES HAVE BEEN HURT. BY TAKING OFF MERCHANDISE DISPLAYS, TABLES CHAIRS, BENCHES AND MORE LEAVES NOTHING TO IDENTIFY WHAT PRODUCTS WE SELL IN OUR BUSINESSES AND WILL CAUSE SERIOUS LOSSES OF SALES. OUR BUSINESS AND MANY,OF THE BUSINESS PEOPLE WHO ARE NOT IN RETAIL OUR DO NOT WISH TO PUT SIGNS OR MERCHANDISE OUT FEEL IT IS EXTREMELY UNFAIR IF NOT DISCRIMINATING TO ALLOW THE LOWER PIER STORES TO EXPAND THERE STORES GIVING THEM FREE SQUARE FOOTAGE (AS MUCH AS 100 SQUARE FEET OR MORIg ) WHILE THEY ALREADY HAVE TEM BENEFIT OF lifE LARGEST PEDESTRIAN TRAFFIC IN IIEELSIJOSA PEACH AND BY NOT. ALLOWING HUNDREDS OF. THE OTHER BUSINESS' USE ANY OF THE: CITIES PROPERTY IN FRONT OF THEIR BUSINESSES WHICH SOME HAVE USED FOR MANY YEARS, TEM WILL NOT ALLOW THEM TO COMPETE WITH THE LOWER PIER BUSINESSES. BUSINESSES NOT BEINGABLE TO USE THIS PROPERTY TO HELP INCREASE THEIR SALES WILL CAUSE SERIOUS LOSSES AND IN SOME CASES HAVE TO CLOSE/ THE BUSINESSES AND THE FRIENDS OF THE BUSINESSES SIGNED BELOW HOPE YOU WILL RE EVALUATE YOU PROPOSED ACTIONS AND NOT, BE UNFAIR OR DISCRIMINATE AGAINST THE MAJORITY OF THE CITY BUSINESSES. r07 August 1, 2005 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 9, 2005 _ PROPOSED NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN TREYSPAN INC. AND THE CITY OF HERMOSA BEACH Recommendation: That the City Council approve the attached non-exclusive franchise agreement with TreySpan Inc. to build and operate a wireless broadband service in the City. Background: A representative from TreySpan Inc. made a presentation at the June 14, 2005 meeting and requested that the City Council consider granting them a non-exclusive franchise to build and operate a wireless broadband service in the city. This will be a subscription service. Staff was directed to return with a proposed franchise agreement for City Council review and approval. The proposed franchise agreement is a non-exclusion franchise. It has a initial term of 5 years and provides that TreySpan pay a total of 5% franchise fee based on the defined gross receipts and also to pay a charge of $60.00 per year for attaching their facilities to city owned poles or buildings. This amount is indexed with the CPI. TreySpan would also be subject to other fees and charges that would be associated with constructing the system. TreySpan has reviewed the proposed non-exclusive franchise agreement and is prepared to execute once it has been approved by the City Council. TreySpan will also secure pole attachment agreements with SCE for portions of the system that they will build. This service once fully deployed will offer an alternative to the other broadband providers serving the city. There are no costs to the City for granting the franchise or any capital or operational costs. TreySpan will offer service to the City for our operations at 50% of the retail prices for broadband service. Respectfully submitted, ephen Burr 11 City Manager 6b HERMOSA BEACH ATTACHMENT PERMIT AGREEMENT THIS ATTACHMENT PERMIT AGREEMENT (the "Permit") is dated as of , 2005, and entered into by and between the CITY OF HERMOSA BEACH, a California municipal corporation (the "City"), and TREYSPAN, INC., ("Treyspan"). RECITALS A. Under California law the City has the right and power to regulate the time, location, and manner of attachment, installation, operation, and maintenance of wireless digital communications radios in the Public Right of Way within the limits of the City. B. Treyspan wishes to attach, install, operate, and maintain a wireless digital communications radio network on facilities located in the Public Right of Way for purposes of operating a wireless digital communications radio network (the "Network"). AGREEMENT Now, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: 1 DEFINITIONS. The following definitions shall apply generally to the provisions of this agreement: 1.1 Agency. "Agency" means any governmental or quasi -governmental agency other than the City, including the FCC and the PUC (as such terms are defined in §§ 1.4 and 1.9 below). 1.2 City. "City " means the City of Hermosa Beach. 1.3 Effective Date. "Effective Date" means the latest to occur of (a) the date on which this Permit, is finally approved by the City Council of Hermosa Beach, is executed by the City and delivered to Treyspan; (b) the date on which all permits required hereunder for deployment of the Radios is issued by the City; or (c) the date on which Treyspan hangs its first Radio as provided below. 1.4 FCC. "FCC" means the Federal Communications Commission. 1.5 Fee. "Fee" means any assessment, license, charge, fee, imposition, tax (but excluding any utility users' tax or franchise fees), or levy of general application to Persons doing business in the City lawfully imposed by any governmental body. • • 1.6 Gross Revenues. "Gross Revenues" means the gross dollar amount accrued on Treyspan's books for Services provided to its customers with billing addresses in the City, excluding (i) local, state, or federal taxes collected by Treyspan that have been billed to the subscribers and separately stated on subscribers' bills and (ii) revenue uncollectible from subscribers (i.e., bad debts) with billing addresses in the City that was previously included in Gross Revenues. 1.7 Laws. "Laws" means any and all statutes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, certificates, orders, or otherrequirements of the City or other governmental agency having joint or several jurisdiction over the parties to this Permit, in effect either at the time of execution of this Permit or at any time during the presence of Radios in the Public Right of Way. 1.8 Treyspan. "Treyspan" means Treyspan, Inc. a corporation duly organized and existing under the laws of the State of California, and its lawful successors, assigns, and transferees. 1.9 PUC. "PUC" means the California Public Utilities Commission. 1.10 Permit. "Permit" means this nonexclusive Attachment Permit Agreement and may also refer to the associated right to encroach upon the Public Right of Way conferred hereunder. 1.11 Person. "Person" means an individual, a corporation, a limited liability company, a general or limited partnership, a sole proprietorship, a joint venture, a business trust, or any other form of business entity or association. 1.12 Provision. "Provision" means any agreement, clause, condition, covenant, qualification, restriction, reservation, term or other stipulation in this Permit that defines or otherwise controls, establishes, or limits the performance required or permitted by any party to this Permit. All Provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions. 1.13 Public Right of Way. "Public Right of Way" means in, upon, above, along, across,, and over the public streets, roads, lanes, courts ways, alleys, boulevards, and places, including all public utility easements and public service easements as the same now or may hereafter exist that are under the jurisdiction of the City. This term shall not include any property owned by any Person or Agency other than the City, except as provided by applicable Laws or pursuant to an agreement between the City and any such Person or Agency. 1.14 Radio Month. "Radio Month" means a calendar month during which a Radio occupies space on a City -owned pole or other City -owned property, even if such occupancy is less than the entire month. • • 1.15 Radio. "Radio" means the radio equipment, whether referred to singly or collectively, to be installed and operated by Treyspan hereunder and more particularly described in Exhibit A attached hereto. 1.16 Services. "Services" means the wireless internet network connection provided by TreySpan through its Radios to its subscribers with billing addresses within the City. It is understood and agreed that any additional functions of TreySpan, including but not limited to customer service and support, franchisee fees, products, equipment and related material necessary to the operation of Treyspan's wireless internet work shall not be considered "Services" for purposes of this agreement. 2 TERM. The term of this Permit shall commence on the effective Date and shall expire on the date which completes five (5) years after the Effective Date, unless it is earlier terminated by either party in accordance with the provisions herein. The term of this Permit shall be renewed automatically for two (2) successive terms of five (5) years each on the same terms and conditions as set forth herein, except that the Annual Fee shall be subject to adjustment as provided in § 4.2.1 below, unless either Treyspan or the City notifies the other party of its intention not to renew not less than thirty (30) calendar days prior to commencement of the relevant renewal term. Notwithstanding anything to the contrary herein, the Permit shall automatically terminate, with the same effect as if the term had expired, if Treyspan fails to deploy its network and commence offering the Services to subscribers within the City within one (1) year from the date of the City's execution and delivery of this Permit to Treyspan. 3 SCOPE OF PERMIT. Any and all rights expressly granted to Treyspan under this Permit, which shall be exercised at Treyspan's sole cost and expense, shall be subject to the prior and continuing right of the City under applicable Laws to use any and all parts of the Public Right of Way exclusively or concurrently with any other Person or Persons and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title which may affect the Public Right of Way. Nothing in this Permit shall be deemed to grant, convey, create, or vest in Treyspan a perpetual real property interest in land, including any fee, leasehold interest, or easement. 3.1 Attachment to City -Owned Property. Subject to the terms of § 3.4.1 below, the City hereby authorizes Treyspan to attach, install, operate, maintain, service, remove, reattach, reinstall, relocate, and replace Radios in or on City street light poles, lighting fixtures, electroliers, or other City' owned property located within the Public Right of Way for the purposes of providing Services to Persons located within or without the limits of the City. 3.2 Attachment to Third -Party Property. Subject to obtaining the permission of the owner(s) of the affected property, the City hereby authorizes and permits Treyspan to attach, install, operate, maintain, service, remove, reattach, reinstall, relocate, and replace such number of Radios in or on poles or other structures owned by public utility companies, including Southern California Edison, or other property owner(s) located within the Public Right of Way as may be permitted by the public utility company or • • property. owner(s), as the case may be. Treyspan shall furnish to the City documentation of such permission from the individual utility or property owner(s) responsible. 3.3 No Interference. Except as permitted by applicable Laws or this Permit Treyspan in the performance and exercise of its rights and obligations under this Permit shall not interfere in any manner with the existence and operation of any and all public and private rights -of -away, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, electroliers, cable television, and other telecommunications, utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties. 3.4 Compliance with Laws. Treyspan shall comply with all applicable Laws in the exercise and performance of its rights and obligations under the Permit. 3.4.1 Construction Permits. Any and all construction work performed pursuant to the rights granted under this Permit, including the installation, operation, maintenance, location, and attachment of the Radios in the Public Right of Way, shall, if required under applicable City ordinances, besubject to the prior review and approval of City by means of submission of a permit application, payment of any applicable permitting fees, and the City's ordinary administrative review. Treyspan agrees to apply for and obtain all appropriate permits required by applicable Law prior to the commencement of any work or construction in the Public Right of Way. Any and all permits required herein shall relate to the initial set up and installation of the Radios within the jurisdiction of the City. Said permits shall be issued by the City to remain effective for the duration of this Permit. Treyspan shall pay the initial permit fee prior to installation of any Radio within its system, but shall not be required to apply for and/or pay additional permit fees related to the service, maintenance • and/or repair of said Radios after the date of initial installation. Treyspan shall provide the City with reasonable notice of the intent to maintain and/or service a Radio prior to encroachment in the Public Right of Way. The locations of Treyspan's planned initial installation of Radios shall be incorporated in Exhibit B attached to this Permit. After the initial deployment of the Radios, new attachments, removals, and relocations of Radios shall also be subject to the City's permitting process. If the location of any Radio is different from that applied for in the applicable permit, the location of such Radio installed by Treyspan or its designee shall be disclosed in writing to the City by Treyspan within ten (10) days after its installation, removal, or relocation. Notwithstanding anything to the contrary herein, Treyspan agrees that it will not install more than one hundred (100) Radios within the City without the express prior written consent of the City. 3.4.2 As -Built Drawings. Upon the completion of construction work, Treyspan promptly shall furnish to the City, in hard copy and in Treyspan's electronic format, suitable documentation showing the exact location of the Radios in the Public Right of Way. • • 3.4.3 Modification of Service Voltage. The City reserves the right to modify the service voltage delivered to or at any street light pole or utility pole on which a Radio may be located. Treyspan shall replace or modify any Radio that will be affected by such voltage modifications. In the event that Treyspan fails to replace or modify any Radio within the thirty -day notice period before the voltage modification, the City may disconnect any such Radio until Treyspan performs and completes the necessary work and advises City accordingly. 3.5 Annual Business License. Treyspan agrees to obtain an annual City business license prior to the Effective Date and maintain the same throughout the term of this Permit. 4 FEES AND TAXES. Treyspan shall be solely responsible for the payment of all lawful Fees and utility charges in connection with the exercise of Treyspan's rights under this Permit, including those set forth below. 4.1 Franchise Fee. Treyspan shall pay to the City, on an annual basis, an amount (the "Franchise Fee") equal to five percent (5%) of Treyspan's Gross Revenues collected during each preceding calendar year, which amount shall be collected from subscribers of the Services and remitted to City as provided herein. The Franchise Fee shall be due on or before the forty-fifth (45th) day after the end of each calendar year or fraction thereof. Within forty-five (45) days after the termination of this Permit, the Franchise Fee shall be paid for the period which has elapsed since the end of the last calendar year for which the Franchise Fee has been paid. Treyspan shall furnish to the City with each payment of the Franchise Fee a statement, executed by an authorized officer of Treyspan or his or her designee, showing the amount of Gross Revenues for the period covered by the payment. If Treyspan discovers that it has failed to pay the entire or correct amount of the Franchise Fee, Treyspan shall pay the difference to the City or make such other adjustment within fifteen (15) days of discovery of the error or determination of the correct amount. Any overpayment to the City through error or otherwise shall be offset against the next payment due from Treyspan. Acceptance by the City of any payment due under this section shall not be deemed to be a waiver by the City of any breach of this Permit occurring prior thereto, nor shall the acceptance by the City of any such payments preclude the City from later establishing that a larger amount was actually due or collecting any balance due to the City. 4.1.1 Accounting and Audit. Treyspan shall keep accurate books of account at its principal office in Torrance or such other location of its choosing for the purpose of determining the amounts due to the City under § 4.1. The City may inspect Treyspan's books of account at any time during regular business hours on five (5) days' prior written notice and may audit the books from time to time, but in each case only to the extent necessary to confirm the accuracy of payments due under § 4.1. The City shall bear the cost of any such audit, unless such audit reveals an underpayment to the City of more than five percent (5%) of the Franchise Fee which was due to the City for such calendar year. Once each calendar year the City may require an annual report from Treyspan relating to its • • operations and revenues within the City. City agrees to hold in confidence any nonpublic information it learns from Treyspan in accordance with applicable law. 4.2 Annual Fee. Treyspan shall pay to the City an annual fee (the "Annual Fee") in the amount of Sixty Dollars ($60.00) for the use of each city -owned pole or other structure or piece of City -owned property upon which a Radio has been installed pursuant to this Permit. The initial Annual Fee shall be due and payable not later than the date of installation of the first Radio on City -owned poles or other City -owned property under this Permit (the "Installation Date") and shall be computed based upon the number of Radios Treyspan estimates as of the Installation Date that it will install on City -owned poles or other City -owned property during the succeeding twelve (12) months. The Annual Fee for subsequent years shall be due and payable not later than thirty (30) days following each anniversary of the Installation Date and shall equal the total number of Radiosthen installed on City -owned poles or other City -owned property pursuant to this Permit multiplied by the Annual Fee, adjusted for the Prior Year Adjustment, as described immediately below. The Prior Year adjustment shall either increase or decrease a subsequent year's aggregate Annual Fee to account for the installation or removal of Radios during the prior year, and shall equal the difference between (i) the total number of Radios used to calculate the prior year's aggregate Annual Fee multiplied by twelve (12) and (ii) the actual number of Radio Months which occurred during such year, multiplied by one -twelfth of the Annual Fee. 4.2.1 CPI Adjustment. At the commencement of each renewal term, the Annual Fee with respect to such term shall be adjusted effective January 1s` of the first year of such renewal term by a percentage amount equal to the percentage change in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index of all items, Base 1982-1984, which occurred during the previous term or renewal term, as the case may be, for the Los Angeles -Anaheim -Riverside Consolidated Metropolitan Statistical Area. 4.3 Preference for City -Owned Property. In any situation where Treyspan has a choice of attaching its Radios to either City -owned property or third -party -owned property in the Public Right of Way, Treyspan agrees to attach to City -owned poles or other City -owned property, provided that such City -owned poles or other City -owned property are at least equally suitable functionally for the operation of Treyspan's Ricochet® system and the fee associated with such attachment is equal or less than the fee or cost to Treyspan of attaching to the alternative third -party -owned property. 4.4 Municipal Access Program. In consideration of City's execution and delivery of this Use Agreement, City shall have the right throughout the term of this Use Agreement to use the wireless internet network for its municipal operations such as police, fire, public works and general government activities at rate of fifty percent (50%) off the retail pricing for broadband Service only. This discounted rate for broadband Service does not include any other aspect of Treyspan's business, including but not limited to support, equipment and/or maintenance, which shall be provided in accordance with Treyspan's • • then prevailing rate(s). This § 4.4 solely for the City's its own use and shall not be entitled to resell, distribute, or otherwise permit the use of the same by any other Person. 4.5 Reimbursement of City's Expenses. Treyspan shall reimburse the City at City's standard rates for all reasonable expenses relating to the preparation, issuance, and implementation of this Permit, promptly upon receipt of bills, paid invoices, and such other documentation as Treyspan shall reasonable require. The reimbursement provided for in this § 4.5 shall not replace or excuse Treyspan from the payment of any applicable City permit fee for work undertaken in connection with this Permit. 4.6 Potential. Utility Users' Tax. Treyspan acknowledges and agrees that the City may require users of revenue-producing services such as the Services which are the subject of this Permit to pay a utility users' tax ("Utility Tax") to the City pursuant to City's Municipal Code. If the City determines that the Services are subject to the Utility Tax, Treyspan agrees to collect the tax from service users and remit such tax to the City in accordance with City's Municipal Code. 4.7 Most -Favored Nation Clause. Should Treyspan after the parties' execution and delivery of this Permit enter into an attachment permit agreement with another municipality of the same size or smaller than the City in the Los Angeles Metropolitan Statistical Area which agreement contains financial benefits for such municipality which, taken as a whole and balanced with the other terms of such agreement, are substantially superior to those in this Permit, City shall have the right to request that Treyspan modify this Permit to incorporate the same or substantially similar superior benefits and such other terms. 5 REMOVAL AND RELOCATION OF RADIOS. Treyspan understands and acknowledges that City may require Treyspan to relocate one or more of its Radios, and Treyspan shall at City's direction relocate such Radios at Treyspan's sole cost and expense, whenever City reasonably determines that the relocation is needed for any of the following purposes: (a) to facilitate or accommodate the construction, completion, repair, relocation, or maintenance of a City project or for the under grounding of utility lines; (b) because the Radio is interfering with or adversely affecting proper operation of City light poles, street lighting, holiday decorations, traffic signals, or other City facilities; (c) to protect or preserve the public health, safety, or welfare; or (d) because of any unforeseen emergency, at the determination of the City Engineer. If Treyspan shall fail to relocate any Radios as requested by the City in accordance with the foregoing provision, City shall be entitled to relocate the Radios at Treyspan's sole cost and expense, without further notice to Treyspan. 5.1 Treyspan Desires Relocation. In the event Treyspan desires to relocate any Radios from one City -owned pole or other property to another City -owned pole or other property, Treyspan shall so advise City. City will use its best efforts to accommodate Treyspan by making another functionally equivalent City -owned pole or other property available for use in accordance with and subject to the terms and conditions of this Permit. • • 5.2 Discontinuation of Service. In the event that any Radio subject to this Permit is abandoned and no longer placed in service for a period of six (6) months or more, Treyspan promptly shall notify the City, and the City, at its option, may require Treyspan promptly to remove the abandoned Radio(s) at Treyspan's sole cost and expense or dedicate the same to the City. The City shall not issue notice to Treyspan that the City intends to exercise the option to require removal or dedication of Radios, unless and until the City first gives fifteen (15) days' prior written notice to Treyspan to remove the Radios. If Treyspan shall fail to remove the Radios as required by the City, the City shall be entitled to remove the Radios at Treyspan's sole cost and expense. Treyspan shall execute such documents of title as will convey all right, title, and interest in the abandoned Radios, but in no other Treyspan property, intellectual or otherwise, to the City. 5.3 Damage to Right -of -Way. Whenever the removal or relocation of Radios is required under this Permit, and such removal or relocation shall cause the Public Right of Way to be damaged, Treyspan, at its sole cost and expense, shall promptly repair and return the Public Right of Way in which the Radios are located to a safe and satisfactory condition to the satisfaction of the City's Director of Public Works. If Treyspan does not repair the site as just described, then the City shall have the option, upon fifteen (.15) days' prior written notice to Treyspan, to perform or cause to be performed such reasonable and necessary work on behalf of Treyspan and to charge Treyspan for the proposed costs to be incurred or the actual costs incurred by the City and City's standard rates. Upon the receipt of a demand for payment by the City, Treyspan shall reimburse the City for such costs. 6 INDEMNIFICATION, WAIVER, AND BOND. Treyspan agrees to indemnify, defend (with counsel reasonably acceptable to the City and to Treyspan's insurance carrier), protect, and hold harmless the City, its council members, officers, and employees from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, remedial actions of any kind, all costs and cleanup actions of any kind, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense (collectively, the "Losses") arising, directly or indirectly, in whole or in part, out of the activities or facilities described in this Permit, except to the extent arising from or caused by the negligence or willful misconduct of the City,its council members, officers, employees, agents, or contractors. 6.1 Waiver of Breach. The waiver by the City of any breach or, violation of any Provision of this Permit by Treyspan shall not be deemed to be a waiver or a continuing waiver by the City of any subsequent breach or violation of the same or any other Provision of this Permit by Treyspan. 6.2 Waiver of Claims. Treyspan waives any and all claims, demands, causes of action, and rights it may assert against the City on account of any loss, damage, or injury to any Radio or any loss or degradation of the Services as a result of a sudden or gradual loss or change of electrical power caused by, among others events, an Act of God, an event or occurrence which is beyond the reasonable control of the City, a power outage, a • • lightning strike, or occasioned by the installation, maintenance, replacement or relocation of any City -owned facility to which such Radio is attached. 6.3 Limitation of City's Liability. The City shall be liable only for the cost of repair to damaged Radios arising from the negligence or willful misconduct of City or its employees or agents, and the City shall not be responsible for any damages, losses, or liability of any kind occurring by reason of anything done or omitted to be done by the City or by any third party, including damages, losses, or liability arising from the issuance or approval by the City of a permit to any third party or any interruption in Services. 6.4 Bond or Other Security. Prior to the commencement of any work under this permit, Treyspan shall furnish or cause to be furnished to City a good and sufficient bond, substantially in the form attached hereto as Exhibit C entitled Surety Bond, in the amount of Two Thousand Five Hundred Dollars ($2,500), or such other comparable security instrument as may be approved by the City's attorney or risk manager, securing the faithful performance by Treyspan of all of the work, construction, installation, and removals required to be performed by Treyspan under this Permit within the time periods set forth hereunder. 7 INSURANCE. Treyspan shall obtain and maintain at all times during the term of this Permit (including the period between the expiration hereof and Treyspan's removal of its Radios or other equipment from the Public Right of Way) commercial general liability insurance and commercial automobile liability insurance protecting Treyspan in an amount not less than One Million Dollars ($1,000,000) per occurrence (combined single limit), including bodily injury and property damage, and in an amount not less than One Million Dollars ($1,000,000) annual aggregate for each personal injury liability and products -completed operations. Such insurance policies shall name the City, its council members, officers, and employees as additional insureds as respects any covered liability arising out of Treyspan's performance of work under this Permit. Coverage shall be provided in accordance with the limits specified and the Provisions indicated herein. Claims -made policies are not acceptable. When an umbrella or excess coverage is in effect, coverage shall be provided in following form. Such insurance shall not be canceled or materially altered to reduce coverage until the City has received at least thirty (30) days' advanced written notice of such cancellation or change. Treyspan shall be responsible for notifying the City of such change or cancellation. 7.1 Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this Permit, Treyspan shall file with the City the required original certificate(s) of insurance with endorsements, subject to the City's prior approval, which shall clearly state all of the following: (a) the policy number; name of insurance company; name and address of the agent or authorized representative; name, address, and telephone number of insured; project name and address; policy expiration date; and specific coverage amounts; • • (b) that thirty (30) days' prior notice of cancellation is required to the City; and (c) that Treyspan's insurance is primary as respects any other valid or collectible insurance that the City may possess, including any self-insured retentions the City may have; and, any other insurance the City odes possess shall be considered excess insurance only and shall not be required to contribute with this insurance. The certificate(s) of insurance with endorsements and notices shall be mailed to the City at the address specified in § 8 below: 7.2 Workers' Compensation Insurance. Treyspan shall obtain and maintain at all times during the term of this Permit statutory workers' compensation and employer's liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000) and shall furnish the City with a certificate showing proof of such coverage. 7.3 Insurer Criteria. Any insurance provider of Treyspan shall be admitted and authorized to do business in California and shall be rated at least A:X in A.M. Best & Company's Insurance Guide. Insurance policies and certificates issued by non -admitted insurance companies are not acceptable. 7.4 Severability of Interest. Prior to the execution of this Permit, any deductibles or self-insured retentions must be stated on the certificate(s) of insurance, which shall be sent to and approved by the City. "Cross liability," "severability of interest," or "separation of insureds" clauses shall be made a part of the commercial general liability and commercial automobile liability policies. 7.5 Contractors' and Subcontractors' Insurance. Treyspan shall require that all contractors and subcontractors obtain insurance meeting the criteria set forth herein and shall furnish to the City copies of all certificates evidencing such policies of insurance. 7.6 Insurance and Indemnification Obligation. Treyspan's compliance with the insurance requirements herein shall not excuse, replace, or otherwise affect Treyspan's duty to indemnify and defend the City pursuant to § 6 of this Permit. 8 NOTICES. All notices which shall or may be given pursuant to this Permit shall be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service; or (c) by facsimile transmission, if a hard copy of the same is followed by delivery through the U.S. mail or by overnight delivery service as just described, addressed as follows: • if to the City: CITY OF HERMOSA BEACH Attn: City Manager 1315 Valley Drive Hermosa Beach, CA 90254 if to Treyspan: TREYSPAN, INC. Attn: Network Manager 21250 Hawthorne Blvd Torrance CA 90503 Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next day in the case of overnight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other party delivered in the manner set forth above. 9 TERMINATION. This Permit may be terminated by either party upon forty five (45) days' prior written notice to the other party upon a default of any material covenant or term hereof by such other party, which default is not cured within forty-five (45) days of receipt of written notice of default (or, if such default is not curable within forty-five (45) days, if the defaulting party fails to commence such cure within forty-five (45) days or fails thereafter diligently to prosecute such cure to completion), provided that the grace period for any monetary default shall be ten (10) days from receipt of notice. As used in this § 9, the term default shall include, with respect to Treyspan's obligations hereunder, Treyspan's failure (i) to comply with the restrictions established in § 3, (ii) timely to pay any sums owing to the City under § 4, and (iii) to maintain, deploy, relocate, or remove its Radios as provided in § 5 hereof. 10 ASSIGNMENT. This Permit shall not be assigned by Treyspan without the express written consent of the City, which consent shall not be unreasonably withheld, conditioned, or delayed. Any attempted assignment in violation of this § 10 -shall be void. Notwithstanding the foregoing, the transfer of the rights and obligations of Treyspan hereunder to a parent, subsidiary, or financially viable affiliate of Treyspan or to any successor -in -interest or entity acquiring all or substantially all of Treyspan's outstanding voting stock or assets shall not be deemed an assignment or transfer for the purposes of this Permit, provided that (i) any such transferee will have a financial strength after the proposed transfer at least equal to that of Treyspan prior to the transfer, (ii) any such transferee assumes all the obligations of Treyspan hereunder, and (iii) Treyspan shall not be released from the obligations of this Permit by virtue of such transfer. If such criteria are satisfied, it shall not be deemed reasonable for the City to withhold its consent to the proposed transfer, unless the proposed transferee has a record of performance under similar agreements which is unacceptable to the City under a reasonable standard of evaluation. Lack of prior specific experience in administering a system providing the Services described in this Permit shall not, by itself, be deemed a reasonable basis for refusing or conditioning the City's • • consent. Treyspan shall give to the City thirty (30) days' prior written notice of any proposed transfer for which notice is required hereunder. In the case of any proposed transfer for which the City's consent is required hereunder, Treyspan agrees to reimburse the City for its reasonable expenses incurred in reviewing such transfer proposal. 11 MISCELLANEOUS PROVISIONS. The provisions which follow shall apply generally to the obligations of the parties under this Permit. 11.1 Nonexclusive Use. Treyspan understands that this Permit does not provide Treyspan with exclusive use of any City -owned poles or property and that City shall have the right to permit other providers of telecommunications services to install equipment or devices in the Public Right of Way; however, City shall endeavor promptly to notify Treyspan of the receipt of a proposal for the installation of communications equipment or devices in the Public Right of Way, regardless of whether a license is required by the FCC for the operation thereof. 11.2 Amendment of Permit. This Permit may not be amended except pursuant to a written instrument signed by both parties. 11.3 Severability of Provisions. If any one or more of the Provisions of this Permit shall be held by court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such Provision(s) shall be deemed severable from the remaining Provisions of this Permit and shall in no way affect the validity of the remaining portions of this Permit. 11.4 All -Hours Contact. Treyspan shall be available to the staff employees of any City department having jurisdiction over Treyspan's activities twenty-four (24) hours a day, seven (7) days a week, regarding problems or complaints resulting from the attachment, installation, operation, maintenance, or removal of the Radios. The City may contact by telephone the network control center operator at telephone number (800) 556- 6123 regarding such problems or complaints. 11.5 Governing Law; Jurisdiction. This Permit shall be governed and construed by and in accordance with the law of the State of California. In the event that suit is brought by a party to this Permit, the parties agree that trial of such action shall be vested exclusively in the state courts of California, County of Los Angeles, or in the United States District Court, Central District of California in the County of Los Angeles. 11.6 Attorneys' Fees. Should any dispute arising out of this Permit lead to litigation, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorneys' fees. 11.7 Exhibits. All exhibits referred to in this Permit and any addenda, attachments, and schedules which may from time to time be referred to in any duly executed amendment to this Permit are by such reference incorporated in this Permit and shall be deemed a part of this Permit. 11.8 Successors and Assigns. This Permit is binding upon the successors and assigns of the parties hereto. 11.9 Rules, Regulations, and Specifications. Treyspan acknowledges that the City may develop rules, regulations, and specifications,including a general ordinance or other regulation governing wireless telecommunications,in the City (the "Regulations"), for the attachment, installation, and removal of Radios and any similar purpose devices on the City -owned facilities, including poles, and that such Regulations, when finalized, shall govern Treyspan's activities hereunder as if they had been in effect at the time this Permit was executed by the City; provided, however, that in no event shall such Regulations materially interfere with or affect Treyspan's right to install Radios or Treyspan's ability to transmit or receive radio signals from Radios installed pursuant to and in accordance with this Permit or materially increase Treyspan's obligations hereunder. 11.10 Advice of Displacement. To the extent the City has actual knowledge thereof, the City will attempt to inform Treyspan of the displacement of any pole on which any Radio is located. 11.11 Consent Criteria. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Permit, such party shall not unreasonably delay, condition, or withhold its approval or consent. 11.12 Entire Agreement. This Permit contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Permit which are not fully expressed herein. IN WITNESS WHEREOF, the parties have executed this Agreement the day of , 200 . TREYSPAN, INC. By [name typed] Its: • • CITY OF HERMOSA BEACH Stephen Burrell, City Manager ATTEST: City Clerk June 9, 2005 Honorable Mayor and Memb.ers of, the Hermosa Beach City Council Regular Meeting of June 14, 2005 LETTER PROPOSAL FROM TREYSPAN INC. EXPRESSING AN INTEREST IN OBTAINING A FRANCHISE AGREEMENT TO PROVIDE A WIRELESS BROADBAND SERVICE TO THE CITY. Recommendation: That the City Council review the letter proposal and direct staff to negotiate a non- exclusive franchise agreement and return with the franchise agreement for approval. Background: The proposal to provide a wireless broadband service to the residents and businesses by Treyspan Inc. would use the public rights of way to install facilities to provide this service. The service, once installed, would be a fee based offering by the company. Additional, information regarding the service offerings, fees and time frame for installation and activation will be detailed in the franchise agreement. Treyspan Inc. will provide access to the network at no cost. In return, Treyspan Inc. would like to install its system using street light poles, both those owned by the City and SCE. They have also asked that the city provide assistance in working with SCE for the pole attachment agreements. This approach is similar to what the City did with the Metrocom system that was reviewed and approved several years ago. In that case, the city was to receive free service from the system under terms of the agreement that was drafted. That system was not completed in Southern California. There are a few other items that wouldalso be included in a draft franchise agreement and they are a term, compensation and indemnity. If directed, staff would start the process of drafting the franchise agreement, negotiate its terms and prepare it for approval by the City Council. Respectfully submitted, Stephen R. Burrell City Manager liPb\ treyspan Mr. Stephen Burrell City Manager City of Hermosa Beach Civic Center, 1315 Valley Drive Hermosa Beach, CA 90254 Dear Steve: Treyspan Inc., a California "S" Corporation, is interested in obtaining a non-exclusive franchise agreement with the City of Hermosa Beach to provide "Wireless Broadband Services" to the residents and local businesses of the community. The terms of the franchise agreement are such: 1. Treyspan will carry the costs associated with building, deploying, managing and operating the network. The city will pay nothing in capital costs 2. Treyspan will cover the city with "Wireless Broadband Service." 3. Treyspan will provide the city with use of the network for free. Public Works, Public Safety and City Government will all have access to the network. 4. Treyspan will be granted access to any/all light standards or poles where the city has retained "attachment rights" post sale to Southern California Edison (SCE). 5. The city will endorse the Treyspan service and will allow Treyspan to circulate press releases regarding the deployment, activation and subscriber growth of the service. 6. The city will assist Treyspan in negotiations with SCE for access to jointly owned poles as well access to any existing fiber connections into or out of the city owned or provided by SCE. It is our intent to work closely and cooperatively with the city and we look forward to a longstanding and mutually beneficial relationship. Please feel free to contact me directly if you: have any questions. I look forward to your response. Sincerely, Mike Paley CEO Treyspan City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 05-1251, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING NOISE FROM COMMERCIAL ESTABLISHMENTS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." Motion Keegan, second Mayor Reviczky. The motion carried, noting the absence of Yoon. e. REQUEST TO CONSENT TO ASSIGN THE FIBER OPTIC CABLE EASEMENT FROM TYCO TELECOMMUNICATIONS (US) INC. TO VSNL TELECOMMUNICATIONS (US) INC. Memorandum from City Manager Stephen Burrell dated June 9, 2005. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to approve the assignment of the Fiber Optic Cable Easement to VSNL Telecommunications (US) Inc. and direct the City Manager to execute the assignment document. Motion Edgerton, second Keegan. The motion carried, noting the absence of Yoon. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. LETTER PROPOSAL FROM TREYSPAN INC. EXPRESSING AN INTEREST IN OBTAINING A FRANCHISE AGREEMENT TO PROVIDE A WIRELESS BROADBAND SERVICE TO THE CITY. Memorandum from City Manager Stephen Burrell dated June 9, 2005. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to addressing the Council on this issue was: Mike Paley — Treyspan, Inc., said the equipment would be Strix, which is what the . City already has; said the speed would start at DSL and move toward cable with similar pricing plans, about $20 to $40 per month; detailed his experience in telecommunications, working for cable and wireless providing services to the media, spending the last year building his company; said he had chosen Hermosa Beach as one of the cities to prove their business model and hoped for future expansion in other areas; said he was a lifetime resident of Hermosa Beach, had seen the struggle to develop WiFi, and thought the citizens would like a service like this; said there would be no degradation because wireless; described the size (about 14x12x14"), appearance, City Council Minutes 06-14-05 Page 11685 • and number of locations required. (City Manager Burrell said there was an example of the equipment on a real estate building at the corner of Pier and Monterey). Action: To approve staff recommendation to direct staff to negotiate a non- exclusive franchise agreement and return with the franchise agreement for approval. Motion Edgerton, second Tucker. The motion carried, noting the absence of Yoon. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL - None 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 May 24. 2005. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 a. Property: 552 11th Place, APN: 4187-020-044 Negotiating Parties: Stephen Burrell & Stephen Grossman Under Negotiation: Price & Terms of Payment 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: Hermosa Beach Police Officers Association Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Police Management Association Unrepresented employees 4. 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, June 12, 2005, at the hour of 9:58 p.m. to a closed session. City Council Minutes 06-14-05 Page 11686 August 3, 2005 OA Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 9, 2005 DESIGNATION OF VOTING DELEGATE & ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE Background: As you know, the League of California Cities takes positions on legislation at the state level that impact cities. The position that the League of California Cities takes on various bills starts at the annual business meeting where resolutions are considered. These resolutions guide the legislative effort during the next year. In order for the City to participate inthe vote, we must designate the voting delegate and an alternate. Recommendation: Designate a voting delegate and an alternate for the League of California Cities Annual Business Meeting on Saturday, October 8, 2005 at 10:30 a.m.. Respectfully submitted, Stephen R. Burrell City Manager Headquarters Southern California Office 1400 K STREET 602 East Huntington Dr., Ste. C SACRAMENTO, CA 95814 Monrovia, CA 91016 PH: (916) 658-8200 PH:(626) 305-1315 FX: (916) 658-8240 Fx: (626) 305-1345 July 6, 2005 LEAGUE OF CALIFORNIA CITIES To: The Honorable Mayor and City Council From: Pat Eklund, League President, Council Member, Novato Re: Designation of Voting Delegate for 2005 League Annual Conference The League's 2005 Annual Conference is scheduled for Thursday, October 6 through Saturday, October 8 in San Francisco. One very important aspect of the Annual Conference is the Annual Business Meeting where the membership takes action on conference resolutions. Annual conference resolutions guide cities and the League in our efforts to improve the quality, responsiveness and vitality of local government in California. It is important that all cities be represented at the Annual Business Meeting on Saturday, October 8th, at 10:30 a.m. at the San Francisco Moscone Convention Center West. To expedite the conduct of business at this important policy-making meeting, each city council should designate a voting representative and an alternate who will be registered at the conference and present at the Annual Business Meeting. A voting card will be given to the city official that is designated and indicated ,on the enclosed "Voting Delegate Form." Please complete and return the enclosed form to the League's Sacramento office at the earliest possible time (not later than Monday, September 6, 2005), so that proper records may be established for the conference. The city's designated voting delegate may pick up the city's voting card at the Voting Card desk located in the League registration area. The Desk will be open on October 6, 7, and 8. Voting cards should be picked up before the Annual Business Meeting on October 8th. The voting procedures to be followed at this conference are printed on the reverse side of this memo. Your help in returning the attached "Voting Delegate Form" as soon as possible is appreciated. If you have any questions, please call. Lorraine Okabe at (916) 658-8236. • LEAGUE OF CA.L1 FORN [A CITIES Annual Conference Voting Procedures 1. Each member city has a right to cast one vote on matters pertaining to League policy. 2. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. 3. Prior to the Annual Conference, each city should designatea voting delegate and an 'alternate and return the Voting Delegate Form to the League Credentials Committee. 4. The voting delegate, or alternate, may pick up the city's voting card at the voting card desk in the conference registration area. 5. Free exchange of the voting card between the voting delegate and alternate is permitted. 6. If neither the voting delegate nor alternate is able to attend the Business Meeting, the voting delegate or alternate may pass the voting card to another official from the same city by appearing in person before a representative of the Credentials Committee to make the exchange. Prior to the Business Meeting, exchanges may be made at the "Voting Card" table in the League Registration Area. At the Business Meeting, exchanges may be made at the "Voting Card" table in the front of the meeting room. Exchanges may not be made while a roll call vote is in progress because the Credentials Committee will be conducting the roll call. 7. Qualification of an initiative resolution is judged in part by the validity of signatures. Only the signatures of city officials who are authorized to use the city's voting card, and who have left a sample of their signature on file for the Credentials Committee, will be approved. In case of dispute, the Credentials Committee will determine the right of a city official to vote at the Business Meeting.