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Home My WebLink About12/13/05`The. onlygift is a portion of thyself " - QaCph Waldo Emerson AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, December 13, 2005 - Council Chambers, City Hall 1315 Valley Drive Regular Session- 7:10 p.m. Closed Session - Immediately following Regular Session MAYOR Peter Tucker MAYOR PRO TEM Sam Y. Edgerton COUNCIL MEMBERS Michael Keegan J. R. Reviczky CITY CLERK Elaine Doerfling CITY TREASURER John M. Workman CITY MANAGER Stephen R. Burrell CITY ATTORNEY Michael Jenkins. All council meetings are open to the public. PLEASE ATTEND. The Council receives a packet with detailed information and recommendations on nearly every agenda item. Complete agenda packets are available for public inspection in the Police Department, Fire Department, Public Library and the Office of the City Clerk. During the meeting, a packet is also available in the Council Chambers foyer. City Council agendas and staff reports are available for your review on the City's web site located at www.hermosabch.org CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CONSIDERATION OF AN ORDINANCE PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36512 TO PROVIDE THE CITY COUNCIL AN ALTERNATIVE PROCEDURE TO FILL THE ANTICIPATED VACANCY ON THE CITY COUNCIL i CANVASS OF VOTES AND *INSTALLATION OF OFFICERS I CITY CLERK ANNOUNCEMENTS CLOSED SESSION REPORT FOR MEETING OF NOVEMBER 22, 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 publicwishingto 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. a. Letter from Patricia Egerer dated December 5, 2005 regarding signalization at Pacific Coast Highway at 16th Street CONSENT CALENDAR: The following more routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless a Council member removes an item from the Consent Calendar. Items removed will be considered under Agenda Item 4, with public comment permitted at that time. (a) Recommendation to approve minutes of the regular meeting of the City Council held on November 22, 2005. (b) Recommendation to ratify check register and to approve cancellation of certain checks as recommended by the City Treasurer. (c) Recommendation to receive and file Tentative Future Agenda Items. (d) . ; Recommendation to deny the following claim and refer it to the City's Liability Claims Administrator. Memorandum from Personnel Director/Risk Manager Michael Earl dated December 6, 2005. Claimant: Donna Bullock Carrera Date of Loss: 12/04,.5/20/05 & 11/17/05. .' Date Filed: 11/22/05 Allegation: Claimant alleges Hermosa Beach Police made unwarranted searches of home, refused to take police reports, and harassed her. (e) Recommendation to accept donations of $100.00 from Joanne Park, $25.00 from Linda Russell, $50.00 from Nicholas & Rosemarie Penque, $25.00 from James & Jane Gierlich, $50.00 from Executive Trading Company, $10.00 from Edward & Joy Jardim and $120.00 from Ozzie & Gloria Cadena to be used for the Jazz Memorial; $500:00 from the Woman's Club of Hermosa Beach to be used for the Veteran's Memorial Maintenance; and, $300.00 from the Woman's Club of Hermosa Beach to be used for the Sand Snowman Contest and Treelighting Ceremony. Memorandum from Finance Director Viki Copeland dated December 5, 2005. (f) Recommendation to authorize the award to modify the fire station lobby per fire department specifications to MJ Seitz Construction in the amount of $12,738.63. Memorandum from Fire Chief Russell Tingley dated December. 6, 2005. (g) Recommendation to authorize the award of the re -roofing contract for Project No. CIP 05-633 Re -Roofing of City Buildings - City Yard Maintenance Building and Community Center Complex in the total amount of $166,027 to Best Contracting Services Inc. of the City of Gardena; authorize the transfer of $86,027 from CIP 05-120 to CIP 05-633; authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney; and, authorize the Director of Public Works to make minor changes as necessary•within the contingency amount, of $10,000. Memorandum from Public Works Director Richard Morgan dated December 7, 2005. (h) Recommendation to adopt resolution approving the taxi cab base rate increase to $2.20 effective. December 13, 2005. Memorandum from City Manager Stephen Burrell dated December 7,2005. 3 (i) Recommendation to accept the work by Williams Pipeline Contractors, Inc.. for Protect No. CIP 00-409 Sewer Manhole Construction and Repairs — Various Locations and Project No. CIP 00-412 Target Area 2 Sewer Improvements; authorize the Mayor to sign the Notice of Completion; and, authorize Staff to release payment to Williams Pipeline Contractors, Inc. (10% retained for 35 days following filing of Notice of Completion). Memorandum from Public Works Director Richard Morgan dated December 7, 2005. (j) Recommendation to approve an amendment to the contract for Mel Green & Associates (MGA) and Willdan Associates for on-going staff services for interim senior inspector position. Memorandum from Community Development Director Sol Blumenfeld dated December 6, 2005. (k) Recommendation to receive and file the action minutes of the Planning Commission meeting of December 7, 2005. (1) Recommendation to approve the First Amendment to Agreement for Solid Waste and Recyclables Collection, Processing and Disposal Service between the City of Hermosa Beach and Consolidated Disposal Service and authorize the City Manager to sign on behalf of the City. Memorandum from City Manager Stephen Burrell dated December 6, 2005., 3. CONSENT ORDINANCES a. . ORDINANCE NO. 05-1257 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE PERTAINING TO EXPANDING AND REMODELING NONCONFORMING BUILDINGS AND USES (CHAPTER 17.52) AND BUILDINGS THAT ARE • NONCONFORMING TO PARKING REQUIREMENTS AND, AMENDING THE HERMOSA BEACH MUNICIPAL CODE." For adoption. Memorandum from City Clerk Elaine Doerfling dated November 30, 2005: b. ORDINANCE NO. 05-1258 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CHANGING THE ZONING FROM M-1 (LIGHT MANUFACTURING) TO R-2. (TWO-FAMILY RESIDENTIAL) AND ADOPTING A MITIGATED ENVIRONMENTAL NEGATIVE DECLARATION FOR THE PROPERTY LOCATED AT 494 ARDMORE AVENUE (ON THE SOUTHEAST CORNER OF FIFTH STREET AND ARDMORE AVENUE) LEGALLY• DESCRIBED AS LOT 9 WALTER RANSOM CO'S VENABLE PLACE." For adoption. Memorandum from City Clerk Elaine Doerfling dated November 30, 2005. , ' ' • 4 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION * Public comments on items removed from the Consent Calendar. . PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a. CONSIDERATION FOR APPROVAL OF 2006 & 2007 ST. PATRICK'S DAY PARADE AND FESTIVAL TO BE HELD SATURDAY, MARCH 18, 2006 AND SUNDAY, MARCH 19, 2006 AND SATURDAY, MARCH 17, 2007 AND SUNDAY, MARCH 18, 2007. ' Memorandum from Community Resources Director Lisa Lynn dated December 6, 2005. RECOMMENDATION: Approve the request from the South Bay St. Patrick's Day Weekend Committee (SBSPDC) and approve fee waiver/funding requests as specified in the staff report. ADOPTION OF AN ORDINANCE RELATING TO CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICE PROVIDERS. Memorandum from Personnel Director/Risk Manager Michael Earl dated December 7, 2005. RECOMMENDATION: 1. Conduct the public hearing to solicit comments regarding the proposed ordinance; and, 2. Waive full reading and introduce the ordinance. EXECUTION OF A FRANCHISE AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND VERIZON CALIFORNIA; INC. Memorandum from Personnel Director/Risk Manager Michael Earl dated December 7, 2005. RECOMMENDATION: 1. Conduct a public hearing to gatherpublic input on the proposed cable franchise agreement between the City and Verizon California Inc. ("Franchise Agreement") and to consider the, impacts of the proposed Franchise Agreement, as required by California Government Code §:53066.3,47 U.S.C. § 541(a), and other applicable provisions of law, as well as any applicable provisions of existing franchises; and, 2. Introduce and waive full reading of an ordinance making certain findings, approving the proposed cable franchise agreement and authorizing and directing execution of the proposed Franchise Agreement between the City and Verizon California Inc. 5 . ' . MUNICIPAL MATTERS a. BEACH DRIVE UTILITY UNDERGROUNDING DISTRICT. Memorandum from Public Works Director Richard Morgan dated December 6, 2005. RECOMMENDATION: Receive and file project status report for the Beach Drive Utility Undergrounding District (UUD). 7. MISCELLANEOUS ITEMS AND. REPORTS - CITY MANAGER a. REQUEST FROM ABC REGARDING APPLICATION OF LARA SOWINSKI, 302 PIER AVENUE, TO ALLOW ON -PREMISES WINE SAMPLING IN CONJUNCTION WITH OFF -SALE BEER AND WINE LICENSE. Memorandum from City Manager {Stephen Burrell dated December 7, 2005 RECOMMENDATION: That the City Council consider taking an action to direct staff to write a letter to ABC stating that granting a license to allow sampling of wine would servethe public convenience and necessity. . MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. CONSIDERATION OF APPOINTMENT OR SPECIAL ELECTION TO FILL THE ANTICIPATED VACANCY ON THE CITY COUNCIL. Memorandum from City Clerk Elaine Doerfling dated December 1, 2005. RECOMMENDATION: That the City Council consider the alternatives available for filling the anticipated vacancy on the City Council resulting from Howard Fishman's announcement that he does not intend to be • sworn into office, either by appointment or a special election, and take action as required by the California Elections Code: b. CITY COUNCIL COMMITTEE ASSIGNMENTS. Memorandum - - from City clerk Elaine Doerfling dated December 1, 2005. RECOMMENDATION: Appoint delegates and alternates to the various committees consistent with the policy of maintaining permanent representation whenever possible and delete any obsolete temporary subcommittees • as appropriate. 6 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 November 22, 2005. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 Property: 4183-013-900 Negotiating Parties: Stephen Burrell & Larry Daniels Under Negotiation: Price & Terms of Payment CONFERENCE WITH LABOR NEGOTIATOR Government Code, Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: Hermosa Beach Firefighters' Association Teamsters Union, Local 911 ADJOURN TO CLOSED SESSION RECONVENE TO OPEN SESSION ORAL ANNOUNCEMENTS ADJOURNMENT • Mayor and Members of the City Council December 8, 2005 Regular Council Meeting - December 13, 2005 CONSIDERATION OF AN ORDINANCE PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36512 TO PROVIDE THE CITY COUNCIL AN ALTERNATIVE PROCEDURE TO FILL THE ANTICIPATED VACANCY ON THE CITY COUNCIL RECOMMENDATION: It is recommended that the City Council consider adoption of an urgencyordinance that would permit the Council to make an appointment until either the conduct of a special election at a regularly established election date not less than 114 days from the date of the call, orauntil the next regularly established municipal election hi November 2007 (in which event candidates would run to fill the remaining 2 years of the 4 -year term). In the absence of this ordinance, the only alternatives available to the Council are to call a special election or to. • make an appointment for the full four-year term. BACKGROUND: A vacancy on the City Council is anticipated to occur this evening by virtue of the announcement of Councilmember-elect Howard Fishman that he does not intend to be sworn into office or serve his term due,to'his wife's illness. The vacancy will exist upon the certification of the election results and the swearing in of the, councilmembers-elect. Pursuant to Government Code Section 36512, absent adoption of this ordinance, the Council will have 30 days in which to take one of two possible actions to fill the vacancy - either an .appointment for the full four year term or by calling a special election to occur in April 2006 (if the,election is called tonight) or in June, 2006 (if the election is called on January 10, 2006). Government Code Section 365,12(c)(3) provides as follows:, "(c) Notwithstanding subdivision (b) and Section 34902, a city may. enact an ordinance which: 3 (3) Provides that a person appointed to fill a vacancy onrthe city council holds office only until the date of a special election which shall immediately be called to fill the remainder of the term. The special election may be held on the date of the next regularly established election or regularly scheduled municipal election to be held throughout the city not less than 114 days fromthe call of the special election." The urgency ordinance attached to this report would allow the Council the alternative provided above — to make an appointment for a limited period until the special election (either April or June, 2006). or until November, 2007. This ordinance must be in effect prior to the occurrence of the vacancy. J ECOMMENDATION: CityCouncil may wish to consider adoption of the attached ordinance prior to the occurrence of the vacancy. Noted: Stephen 'i : u rell, Ci y Manager Attachments: Michae.(74 11;t441.:d ls, City Attorney • • ORDINANCE NO. AN ORDINANCE OF THE CITY OF HERMOSA BEACH REGARDING FILLING COUNCIL VACANCIES AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF The City Council of the City of Hermosa Beach does hereby ordain as follows: • Section 1. Title 2, Chapter 2.08 of the Hermosa Beach Municipal Code is amended by adding thereto a new Section 2.08.04010 read as follows: 2.08.040. Vacancy filling procedure. A vacancy on the City Council shall be filled in the manner prescribed by law. Alternatively, the City Council may appoint a person to fill a vacancy on the City Council to hold office only until the date of a special, election, which shall be immediately called to fill the remainder of the term The special election may be held on the date of the next regularly established municipal election or other regularly established election to be held in the City more than 114 days from the call of the special election. Section 2. Government Code Section 36512 allows cities to adopt by ordinance alternate methods of filling city council vacancies. Adoption of such an ordinance offers the City Council a wider array of options than is otherwise provided by the Government Code. Any such ordinance must be in effect prior to the occurrence of a vacancy. The City Council anticipates thata vacancy will occur by virtue of the announcement by a city councilmember-elect that he does:not intend to assume the office. Adoption of this ordinance on an urgency basis isnecessary so that it is in effect at the time of the vacancy, and to provide the Council with more options for filling the anticipated vacancy, which better serves the public interest. Immediate preservation of the public •43galth, safety and welfare requires that this Ordinance take effect immediately. Absent immediate 'effectiveness, the City Council would be have more limited options to fill the vacancy, which is contrary to the best interests of the publiC. This is an urgency ordinance adopted pursuant to Government Code Section 36937 and shall take effect immediately upon adoption• . PASSED, APPROVED AND ADOPTED this 13th day of December, 2005. Mayor le Attest:, Mayor and Members of the City Council z� �a5-6�f33 November 30, 2005 City Council Meeting December 13, 2005 CANVASS OF VOTES FOR THE GENERAL MUNICIPAL. ELECTION OF NOVEMBER 8, 2005 Recommendation: To adopt the attached resolution, which presents the official canvass of votes certified by the Los Angeles County Election Department. of the General Municipal Election of November 8, 2005. The results of the election canvass . show Michael Keegan, Howard Fishman and J.R. Reviczlcy elected as Members of the City Council, and Measure. E (proposed ordinance regarding the City's beach and greenbelt) as failed. Elaine Doerfling, City Cl c. 1 2 3 • • 7 8 .9 10 11 12 13 14 15 16 17 18. 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 05.; A RESOLUTION. OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECITING THE FACT OF- THE GENERAL MUNICIPAL ELECTION HELD TUESDAY, NOVEMBER 8, 2005, DECLARING THE RESULT AND: SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Hermosa Beach, California, on Tuesday; November 8 2005, as required by and WHEREAS, notice of the election was given in time, form and manner as provided by law voting precincts were properly established; election officers were appointed;; and in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made. and ' declared in time, form and manner as required by the. provisions of the Elections Code of the State of California for the holding of elections in general. law cities; and WHEREAS, pursuant to Resolution No. 05-6403 adopted June 28, 2005, and Resolution No. 05 6412, adopted July 26, 2005, the County Election Department canvassed the returns of the election and has certified the results to the City Council, the results arereceived, attached and made a part hereof as "Exhibit A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That there Were six (6) voting precincts established in the City for the purpose of holding said election: That the whole number of ballots cast in the precincts except absent voter ballots was 4,404, and the whole number of absent voter ballots cast in the City was 1,777, making a total of 6,181 ballots cast in the City. SECTION 2. That the General Municipal Election was held for the election of certain officers and for submitting to the voters one measure. • 10 11 12 13 14 15 That the names of the persons voted for at the election for Member of the City Council are as follows: Sean Krajewski - Michael Keegan Don Ponder J.R. Reviczky Patrick "Kit" Bobko Alan B. Benson Jeff Maxwell Jeff Duclos Jack Janken Howard L. Fishman That the measure (Measure E)'voted upon at the election is 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 YES zone except for landscaping, irrigation, erosion control and replacement or repair of existing improvements within their existing NO footprint? 16 17 SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the .respective' offices for 18 19 which the persons were candidates and for, and against the measure were as listed in the attached Exhibit "A." 20 21 22 SECTION 4. That the City Council does declare and determine that: 23 - Michael Keegan was elected as Member of the City Council for the full term of four (4) years; 24 - Howard L. Fishman was elected as Member of the City Councilfor the full term of four (4) 25 years; and 26 - d.R. Reviczky was elected as Member of the City Council for the full term of (4) four years; 27 2e // 7 9 10 12 .13 That as a result of theelection, a majority of the voters voting on_Measure E, relating to the City's beach and greenbelt, did not vote in favor of it, and the measures was not carried and shall not be deemed adopted and ratified. SECTION 5. That the City Clerk shall enter on the records of the City Council of the City a statement of the result of the. election, .showing: (a) the whole number of ballots cast .in the City; (b) the names of the persons' voted for; (c) •for, what office each person was voted for; (d) the measure voted upon; (e) the number of votes given at each precinct to each person, and for and against' the measure; and (f) the total number of votes given to each person, and for and against the measure. SECTION 6. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office 14 of the City Clerk. Each and all of the persons so elected shall then be inducted into the 15 respective office to which they have been elected. 16 SECTION 7. That the City Clerk shall certify to the passage and adoption of 17 this resolution and enter it into the book of original Resolutions. 18 19 20 "'21' 22 .. 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED ON THE 13TH DAY OF DECEMBER, 2005. PRESIDENT. of the City Council and MAYOR of the City of Hermosa Beach ATTEST: APPROVED AS TO FORM: City Clerk City Attorney COUNTY .OS ANGELES SPECIAL STATEWIDE AND CONSOLIDATED ELE STATEMENT OF VOTES CAST, REGLS:TRA-.'- TON '• • BAJ4OTS, CAST .. HERMOSA. BEACI4 CITY GEN : MUN 'COUNCILMEdiBEt- SEAN ' 'KR'AJE.WSKI . ,>MICNAEL `KEEGAN NOVEMBER 8, 200.5 PAGE . 99. JEFF ' MAXWELL HERMOSA:BEACH 2750015A HERMOSA .BEACH 275.004SA: HERMOSAONMEENW BEACH 2750028A • ABSENTEE TOTAL VOTE. GRAND TOTAL VOTE 2738 COUNTY OS ANGELES SPECIAL STATEWIDE AND CONSOLIDATED ELE"S STATEMENT. OF VOTES CAST CITY/PREC REGISTRA- TION• BALLOTS_- CAST HERMOSA BEACH CITY GEN MUN • COUNCILMEMBER SEAN KRAJEWSKI MICHAEL KEEGAN DON PONDER NOVEMBER 8, 2005 PAGE 99.� J R REVICZKY P "KIT" BOBKO ALAN B - BENSON JEFF MAXWELL HERMOSA BEACIi% 2750015A HERMOSA BEACH - 2750010A HERMOSA BEACH 2750028A 2738 1503 2112 152 81 131 ABSENTEE .TOTAL VOTE GRAND TOTAL VOTE 13312 279 1008 COUNTY .OS ANGELES - SPECIAL STATEWIDE, AND CONSOLIDATED ELE NOVEMBER 8, 2005 STATEMENT OF VOTES CAST CITY/PREC REGISTRA- TION BALLOTS CAST HERMOSA REACH CITY GEN'MUN COUNCILMEMBER SEAN• KRAJEWSKI ' ,MICHAEL KEEGAN DON .PONDER PAGE 9910 J R • REVICZKY P "KIT" BOBKO ALAN B. BENSON , JEFF MAXWELL ABSENTEE VOTE 0 1777 720 279 36TH US CONGRESSIONAL 133.1.2 13312 6181 1009 28TH STATE SENATE ABSENTEE VOTE 144 310 601 368 -178 279 53RD STATE ASSEMBLY 485 629 2483 COUNTY OS ANGELES SPECIAL STATEWIDE AND CONSOLIDATED ELEC NOVEMBER 2005 PAGE 89.3 STATEMENT OF VOTES CAST CITY/PREC REGISTRA- TION BALLOTS CAST HERMOSA BEACH CITY GEN MUN• COUNCILMEMBER SEAN. KRAJEWSKI . • MICHAEL KEEGAN DON PONDER J'R REVICZKY P "KIT" BOBKO ALAN B BENSON JEFF MAXWELL TOTAL 13312 4TH BOARD OF EQUALIZATION ABSENTEE VOTE 601 CITY OF HERMOSA BEACH 1393 999 395 13312 1025 1009- EL CAMINO COMMUNITY COLLEGE ABSENTEE VOTE 1777 801 368" 178 HERMOSA BEACH CITY ELEM 13312 4404 715 999 COUNTY 'OS ANGELES SPECIAL STATEWIDE` AND CONSOLIDATED ELE STATEMENT OF VOTES CAST CITY/PREC REGISTRA- TION BALLOTS CAST HERMOSA BEACH CITY GEN RUN COUNCILMEMBER SEAN,, KRAJEWSKI MICHAEL KEEGAN . DON PONDER NOVEMBER 8, 2005 - PAGE 99.4 J R REVICZKY P "KIT" BOBKO. .ALAN BENSON JEFF MAXWELL COUNTY 0S ANGELES SPECIAL STATEWIDE AND CONSOLIDATED ELEA, NOVEMBER 8, 2005 PAGE 100'.1• STATEMENT OF VOTES- CAST CITY/PREC REGISTRA- TION BALLOTS CAST HERMOSA BEACH CITY GEN MUN COUNCILMEMBER JEFF • _ DUCLOS JACK. JANKEN HOWARD L FISHMAN HERMOSA BEACH CTY SPEC MUN. MEASURE E ,YES NO HERMOSA BEACH .HERMOSA BEACH -.HERMOSA BEACH 2750.015A 27500.15A 2750028A ABSENTEE TOTAL VOTE GRAND TOTAL VOTE 0 690 715 COUNTY OS ANGELES SPECIAL STATEWIDE AND CONSOLIDATED ELE STATEMENT OF VOTES CAST CITY/PREC REG.ISTRA- TION BALLOTS CAST, HERMOSA BEACH CITY GEN MUN ,.HERMOSA BEACH CTY SPEC MUN MEASURE E NOVEMBER $,_2005 PAGE 100.2• COUNCILMEMBER JEFF DUCLOS JACK JANKEN HOWARD L FISHMAN' YES NO COUNTYWIDE ABSENTEE VOTE. 1777 219 36TH US CONGRESSIONAL 13312 1249 2225 13312 6181 E 28TH STATE SENATE ABSENTEE VOTE 0 219 648 690. 53RD STATE ASSEMBLY 13312 1249. 496 1656 2225 6181 1807 3055 COUNTY -OS ANGELES -SPECIAL STATEWIDE AND CONSOLIDATED ELE STATEMENT OF VOTES CAST 'CITY/PREC REGISTRA- TION BALLOTS CAST HERMOSA BEACH CITY GEN MUN COUNCILMEMBER - JEFF DUCLOS- - JACK UANKEN ° . NOVEMBER 8, 2005 PAGE 100.3• HOWARD I. FISHMAN. HERMOSA BEACH CTY SPEC MUN . MEASURE E - YES NO 2346 -4TH BOARD OF EQUALIZATION ABSENTEE VOTE CITY OF HERMOSA BEACH 496 2225 6181 1807 715 EL CAMINO COMMUNITY COLLEGE - ABSENTEE VOTE 648 830 HERMOSA BEACH CITY ELEM 4404 COUNTY OS ANGELES SPECIAL STATEWIDE AND CONSOLIDATED ELE STATEMENT OF VOTES CAST:. CITY/PREC REGISTRA TION BALLOTS CAST- HERMOSA BEACH CITY"GEN MUN.' COUNCILMEMBER JEFF DUCLOS JACK J.ANKEN -NOVEMBER 8, 2005 PAGE 100. 4111 HOWARD L FISHMAN ' HERMOSA BEACH CTY SPEC MUN MEASURE , E YES 'NO josAngelea County 01.111 Cerd&ate of the canvass of die election returns I, CONNY B. McCORMACK, Registrar-Recorder/County Clerk of the County of Los Angeles, of the State of California, DO HEREBY CERTIFY that pursuant to the provisions of Section 15300 et seq, of the California Elections Code, I did , canvass the . returns of the votes castfor each elective office and/or measure(s) 111 HERMOSA BEACH CITY at the Special Statewide and Consolidated Elections, held on, the 8th day of November, 2005. R CERTIFY that the Statement oVotes' Cast, to which this certificate. • I, FURTHE fe is attached, shows the total number of ballots cast in said Jurisdiction, and the whole number of votes cast for each candidate and/or measure(s) in said Jurisdiction ineach of the respective, precincts therein, and the totals of the respective columns and the totals as shown for each candidate and/or measure(s) are full, true and correct IN WITNESS WHEREOF, I have hereunto set my hand and affixedmy seal this 28th day of November, 2005. CONNY B. McCORMACK Registrar-Recorder/County Clerk County of Los Angeles SCRIPT OUTLINE ELECTION RESULTS AND SEATING OF NEW COUNCILMEMBERS I. CERTIFICATION OF ELECTION MOTION TO ADOPT RESOLUTION CERTIFYING THE RESULTS OF THE ELECTION H. OATH OF OFFICE TO INCOMING OFFICIALS - CERTIFICATE OF ELECTION CITY CLERK ANNOUNCES CANVASS OF VOTE CITY CLERK ARRANGES NAME PLATES APPROPRIATELY: (LEFT TO RIGHT FACING DAIS) REVICZKY - VACANT - TUCKER - EDGERTON - KEEGAN MAYOR ASKS CITY CLERK TO GWE OATH OF OFFICE AND CERTIFICATE OF ELECTION ONE AT A TIME TO J.R. REVICZKY AND MICHAEL KEEGAN (IN THAT ORDER). MAYOR ANNOUNCES THAT THE NEWLY ELECTED OFFICIALS ARE INVITED TO HAVE THEIR FAMILY JOIN THEM AT THE PODIUM FOR PICTURES, THEN THE COUNCILMEMBERS CAN BE SEATED ON THE DAIS. M. ONCE ON THE DAIS, MAYOR WELCOMES NEW AND RETURNING ELECTED OFFICIALS AND INVITES: REVICZKY REMARKS KEEGAN REMARKS EDGERTON (OPTIONAL) TUCKER REMARKS (OPTIONAL) • VI. BREAK VII. RECONVENE AND REFER TO AGENDA • Honorable Mayor and Council City of Hermosa 'Beach 1315 Valley Drive Hermosa Beach, CA 90254 RE: REQUEST TO RETAIN CONSULTANT SIGNALIZATIONOF PCH AT 16TH STREET. i/05 December 05, 2005 RECEIVED 2005 Per Dear Mayor Tucker and Council; Council determined in November of 2003 to approve plans submitted by Shook Development to signalize the intersection located on Pacific Coast Hwy at 16th Street, Hermosa Beach. This letter represents a request to authorize and retain an independent consultant concerning this project. A consultant is required to act= as a professional advisor and critical plannerto review the feasibility, and impact of the proposed modification. The decision rendered in November of 2003 was without benefit of a governing document such as a municipal plan, feasibility study, or impact review. The recommendation of the Public Works Director lacked critical analysis and is silent concerning the intensification of 16th Street. Shook Development's request for signalization, and business presented to council was without NOTICE to the residents. NOTICE of hearing was never served nor were our concerns surveyed. Essentially, the engineering plans aim to convert 16th Street into a traffic artery to service the business corridor on Pacific Coast Hwy. This will trigger the closure of the 16th Street artery, east of the, highway.. It is reasonable to assume, as business continues to expand along Pacific Coast Highway other neighborhoods will also require street closure. Logistically, the proposed signal is 2. blocks (less than 200 yards) from another major traffic intersection. This constitutes nine (9) -signalized intersections clustered along a 1.3 -mile strip of highway. Prior to any street construction, the existing' plans require strategic review by both the city, and Caltrans: The.. engineering firm (Linscott Law & Greenspan) was retained by the developer to advocate the special interests of the developer; the firm is unconcerned with impact to residential neighborhoods or community. The volume of vehicular traffic the Pavilion intends to generate (per engineering calculations) intensifies traffic along 16t Street, resulting in adverse impact to surrounding neighborhoods. Plans identify` placement of multiple traffic signals that will direct traffic from Pacific Coast Hwy, eastbound onto 16th Street. Calculations erroneously assume 16th Street is capable of accommodating 2 -way traffic. Page 1 of 2 1 a • 'No margin of safety exists, for pedestrians who are required to walk in the street. Mothers with trepidation are forced to push a' child's stroller into oncoming, traffic, and the safety of a child walking Yto school is ;disregarded. These plans harm neighborhood. Our living environment deserves respect, as do the families, seniors, and individuals with special needs. As a separate action item: It has come to • my attention that the Pavilion has advised and encouraged customers to park on residential side streets and at the adjacent shopping center, where parking is convenient and free of charge: A policy needs to be adopted immediately, to compel the developer, management, tenants, and customers to park inside the Pavilion's designated parking structure. To conclude, it is ill advised in the absence of strategic planning to proceed with signalization. It is requested to inform Caltrans to pull permits, and hat- alterations. Once residents have the benefit of a professional independent analysis by a qualified consultant who will research this proposed project, a public hearing can be conducted. Once issues are identified and resolved, dialogue with Caltrans can resume. Thank you for your attention to this matter, my contact information is provided below. Respectfully, ( 925 15' P ace Herm , sa each (310) t 79-2878 cc: ;City Manager cc: Caltrans Page 2 of 2 417 CITY OF HERMOSA BEACH MEMORANDUM DATE: DECEMBER 7, 2005. TO: MAYOR & CITY COUNCIL FROM: STEPHEN BURRELL, CITY MANAGE SUBJECT: INFORMATIONAL - LETTER REGARDING SIGNALIZATION AT PACIFIC COAST HIGHWAY AT 16TH STREET FROM PATRICIA EGERER DATED DECEMBER 5, 2005 I have attached the staff report for the November 12, 2003 meeting. This was approved at that meeting and staff communicated the approval to CalTrans. During the last two years, the plans were prepared for the signal installation and the project is awaiting final CalTrans approval before a construction permit is issued. The question of parking in`the Hermosa Pavilion. garage will be the subject of a Planning Commission review which will be held in January • •Honorable Mayor and Members of the Hermosa Beach City Council November 3, 2003 Regular Meeting of November 12, 2003 PROPOSED TRAFFIC SIGNAL AT PACIFIC COAST HIGHWAY AND 16T" STREET Recommendation: It is recommended that the City Council approve the request from Shook Development Corporation to upgrade the intersection of Pacific Coast Highway and 16th Street to be fully signalized. Summary: Providing` traffic signalization at Pacific Coast Highway and 16th Street was first discussed many years ago as part of the approval of the hotel, the Hampton Inn, on the east side of the street at this .location. At that time, Caltrans was not supportive of adding a signal at this location due to concerns about a signal causing additional traffic delays on Pacific Coast Highway. When the Planning Commission was considering the original application for development of the Hermosa Pavilion Project at 1605-1607 Pacific Coast Highway, it was again discussed. Shook Development was in favor of the new signal but Caltrans was still not inclined to approve of the signal Caltrans is now very supportive of a signal at this location to improve the safety of vehicular turning movements and pedestrian access. Caltrans is more receptive to this now because of the recent completion of the traffic signal interconnect project on Pacific Coast Highway, which eliminates the concern regarding additional. traffic delays. Shook Development submitted a letter dated October 7, 2003 (copy attached) requesting the City's support for a new traffic signal at this location. With Council's approval, the applicant will prepare plans for submittal to Caltrans for their review and approval. The applicant has not requested any expenditure of City funds for this project. Fiscal Impact: None anticipated; Attachment: Letter dated October 7, 2003 Respectfully submitted, Richard D. Morgan, P.E. Director of Public Works/City Engineer Noted for fiscal impact: Concur: Viki Copeland Stephen R. Burrell Finance Director City Manager H:\B95\PVVFILES\CCriEMS\traffic signal - PCH & 16th 11-12-03.doc Page 1 or 1 • Steve Burrell From: F.O. Huebscher [fred@politicalscientists.com] Sent: Thursday, October 20, 2005 9;48 AM To: appomattox@msn.com Cc: Steve Burrell; MichaelKeegan; Art Yoon; JR Reviczky;. peter©electpetertucker.com Subject: 16th St. Signal Dear Mr. and Mrs. Grant, I received you letter that you'left at my home the other day. I believe that your idea to block 16th Street to through traffic at PCH is well-intentioned but misguided. You argue that cars are zooming up 16th. St. from PCH at 40 MPH. I'd be surprised that one in a hundred are actually going 40. And the reason any cars are going up 16th that fast is either that the car began accelerating to cross PCH from the south side of 16th or turning on to 16th from PCH,. All of these conditions have existed as long as I've lived on 16th St.—a period of 11 1/2 years. I don't think the signal will make the current situation much worse. Over the years, therehave been many bad accidents at 16th/PCH because there is no signal there. And I can't imagine that you like your 14 and 12 year old children crossing at • 16th/PCH at an unprotected intersection: With a signalthat problem disappears. Closing our street will only cause everyone to move over to 17th Street to get on to PCH. Do you think it's fair to put extra traffic on 17th Street'? And again you'll have the problem of accidents because there is only a stop sign at 17th/PCH. I think there is a reasonable way to mitigateyour concerns and yet keep 16th Street • open at PCH: I would propose making 16th Street one way going west (downhill) from Prospect to PCH., And allowing parking on both sides of 16th Street. By allowing parking on both sides it will force cars to go slowly because the street will become'narrow. If allow parking doesn't slow them, there one could put in a stop sign at Bonnie Brae and another stop. sign at Mira. That certainly will slow down the cars: Moreover, my proposal eliminates cars going east on 16th continuing up the hill from 16th/PCH because those cars will be forced to make either a right or left turn at PCH. I would hope you would consider this proposal that will slow traffic on 16th and at the same time keep 16th a though street: Sincerely, , • Fred Huebscher 924 16th St. 12/13/2005, SUPPLEMENTAL In INFORMATION RECEIVED DEC 1.3 2005 far e. 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' .N.)--e._, •..l, �.G, r \,..„...r.,.-' . ;ciLL'G•rLY' {i ,L � Q._v �!� c, � �: 0\ •-\ (, 'r -Lr. j • ' S 1 , — G.\--"—saQom, c& cj -e, a \Apckt on v„,s 5 5 C.1^ o o as". ts Cum CCA/v4..../ MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 22, 2005, at the hour of 7:14 p.m. PLEDGE OF ALLEGIANCE George Barks ROLL CALL: Present: .Edgerton, Keegan, Reviczky, Yoon (left at 7:52 p.m.), Mayor Tucker Absent: None PUBLIC PARTICIPATION: 1. ORAL. AND WRITTEN COMMUNICATIONS There were no written communications. Coming forward to address the Council at this time were: Jim Lissner Hermosa Beach, asked that consent calendar' item 2(h), Planning Commission minutes, be removed for separate discussion.'. Maureen. Ferguson — representing the. Centennial Committee, showed `the winning Centennial seal, logo, and youth art entries, respectively, by graphic artist Chris Davis of Manhattan Beach, a collaboration by Hermosa Beach ' Public Works , Director Rick Morgan and Thompson Media Company, and Hermosa Beach Fifth Grader Brienna Stone; explained that a panel of local judges tallied the scores and announced the winners to the newspapers, the day before; said the next project will be building a website, producing merchandise, finding sponsors, and planning events. Howard Fishman (unofficially a successful City Councilcandidate pending the County's certification of results now scheduled for November 28), read a prepared statement addressing the City Council, residents, and businesses; explained that his wife Kathy was recently diagnosed with a serious medical condition and he would be unable to serve his term once the election results were officially certified; thanked the people of Hermosa Beach fortheirsupport during his candidacy and; said he appreciated the opportunity to serve this wonderful community, said a Councilmember must be prepared to. give 100% and he could not make that commitment at this time, which'was unacceptable to. him and unfair to the community; said he trusted that the Council would make an informed decision as to how to fill this vacancy, either through a selection process or a special election and, should they decide to. appoint someone, that the individual should have a personal track record of community involvement and experience because the community deserves the best possible; he then thanked everyone for the loveand support given to his family during this difficult time. Councilmember.Yoon said there are things more importantthan being on the City Council and that his thoughts and prayers were with the Fishman family; said he City Council .Minutes 11-22-05 .Page 11788 2a expected that in the future, he would be sitting next to Kathy watching her husband be sworn in as a Councilmember. Councilmember Reviczky said Howard and his family were in his prayers and that he would have enjoyed serving with Howard and was sorry he would not be on the Council at this time. Councilmember Keegan said he was sorry that Howard would not serve on the Council and hoped he would run again; said the community would have benefited from Howard's knowledge; extended his best wishes to the Fishman family. Mayor Pro Tempore Edgerton said his heart went out to Kathy and his prayers were with the family, including son Aaron; said Howard made the best decision to be with his family, even though he would have enjoyed serving with him and it was a great loss to the community. Mayor Tucker said he wanted the Fishman family to know that many people were praying for them; said he had looked forward to working with Howard on the Council and hoped Howard would run again; commended him on his decision to support his family; said if the City could ever do anything to help, to please let the Council know. The meeting recessed at 7:26 p.m. The meeting reconvened at 7:42 p.m. ANNOUNCEMENTS — Councilmember Reviczky announced that the 13th Annual Beach Cities Toy Drive was beginning this week, with the wrapping party to take place December 17 at the gym, and that new toys could be brought to the Hermosa Beach or Manhattan Beach Fire Departments; said the toys would be distributed to needy, truly deserving children. Mayor Tucker invited everyone to the Tree Lighting Ceremony at Pier Plaza on December 1 at 6:00 p.m.; said the Pier Dedication on November 19 was spectacular and he thanked everyone who donated to the new Tim Kelly Memorial statue. Councilmember Yoon said that the County not certifying the election results caused an awkward ending to his Council term, which could not have been anticipated, but that he could not vote at tonight's meeting and would be out of town for the next meeting; thanked the people of Hermosa Beach for the wonderful opportunity to serve the community and hoped he had been able to demonstrate his love for the city over the last four years; said it had been an honor and privilege to serve with this Council and the previous Council with former Councilmember Kathy Dunbabin. Mayor Pro Tempore Edgerton said he understood Councilmember Yoon's not running again because he wanted to attend graduate school; said everyone brought their own personality to the Council but shared a common goal in dedication to the City; said Councilmember Yoon brought a sense of civility to the meetings, as well as his good 'mind and sense of humor, which he would especially miss; presented Councilmember Yoon with a Hermosa Beach City Councilmember hat. City Council Minutes 11-22-05 Page 11789 • • Councilmember Reviczky said there was no questionthat Councilmember Yoon cared about the community and that he always demonstrated respect for the job said he wished he had run again, as he would be missed, but understood he had other plans and wished him the best; 'said Councilmember Yoon had left a legacy of Leadership Hermosa that would remain, with the 'community fora long time. Councilmember Keegan thanked Councilmember Yoon for serving on the Council and for running efficient meetings when he was Mayor; said he knew Mr. Yoon's dedication to service was heartfeltand wished him good luck in future endeavors. Mayor Tucker said it had been a pleasure to serve with Councilmember Yoon, who he said inspired many others to get involved in politics, particularly the City's youth; said Mr. Yoon had been active in school issues, and re -energizing and bringing everyone together, and that he should be especially proud of Leadership Hermosa, noting_ that he (Mayor Tucker) had been in the first graduating class; presented Art with a .commemorative plaque for"his time served on the City Council. Councilmember Yoon left the meeting at 7:52; p.m. CLOSED SESSION REPORT FOR MEETING OF OCTOBER 25, 2005: No reportable actions. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (i) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2 (f) Mayor Tucker and (h) Councilmember Reviczky: Motion Reviczky, second Edgerton. The motion carried, noting the absence of Yoon. (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 8, :2005. Action: To approve as presented the minutes of the'Regular. Meeting of November 8, 2005. (Yoon absent) (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS'. 42158 THROUGH 42296. Action: To ratify the check register as presented. (Yoon absent). (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS.. City Council Minutes 11-22-05 Page 11790 Action: To receive and file Tentative Future Agenda Items as presented. (Yoon absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE OCTOBER 2005 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the October 2005 financial reports. (Yoon absent) (e) RECOMMENDATION TO AWARD PROFESSIONAL SERVICES AGREEMENT TO MBF CONSULTING, INC. TO PROVIDE DESIGN AND ENGINEERING SERVICES FOR CIP NO. 05-413 IN THE AMOUNT OF $59, 996; AUTHORIZE THE CITY CLERK TO ATTEST AND THE MAYOR TO EXECUTE SAID AGREEMENT, UPON APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES TO THE AGREEMENT UP TO $6,000. Memorandum from Public Works Director Richard Morgan dated November 10, 2005. (f) (g) Action: To approve the staff recommendation to: (1) Award Professional Services Agreement to MBF Consulting, Inc. to provide design and engineering services for CIP No. 05-413 in the amount of $59, 996; (2) Authorize the City Clerk to attest and the Mayor to execute said agreement, upon approval as to form by the City Attorney; and (3) Authorize the Director of Public Works to make changes to the agreement up to $6,000. (Yoon absent) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF NOVEMBER 1, 2005. This item was removed from the consent calendar by Mayor Tucker for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of November 1, 2005. Motion Tucker, second Reviczky. The motion carried, noting the absence of Yoon. RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. City Council Minutes 11-22-05 Page 11791 • `sl (h) Memorandum from Personnel Director/Risk ` Manager, Michael Earl dated November 17, 2005. Claimant: Powers, Darryl Date of Loss:06-15-05 Date Filed: 10-25-05 Allegation:. Defamation, libel, slander Claimant:.. Mercury Insurance as Subrogee for David Morse" Date Filed: 11-15-05 Allegation.': Property damagedue to roadway condition Claimant: Sesso, Cynthia Date of Loss:05-10-05 Date Filed: 11-03-05 Allegation: Personal injury Claimant: Kohrogi, Acey E. Date of Loss:10-27-05; Date Filed: 11-08-05 Allegation: Property damage due to roadway condition Action: To deny the above -noted claims and refer them to the City's Liability Claims Administrator. (Yoon absent) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 15, 2005. This item was removed from the consent calendar by Councilmember Reviczky (at the request of Jim Lissner) for separate discussion later in the meeting. Coming forward to address the Council on this item was: Jim Lissner — Hermosa Beach, said he opposed the Planning Commission's granting of a full liquor license', to Italy's Little Kitchen because every restaurant with a beer, and wine license will want full liquor; said there were problems on Pier Avenue requiring more police protection, and more ,resident complaints because of too many liquor licenses, praised the City .of Santa Monica for its limit of liquor licenses on the Third Street ;Promenade; said less liquor licenses would result in more retail stores,: a more acceptable type of business for the City.. Action: To receive and file the action minutes of the Planning Commission meeting of November 15, 2005. Motion Reviczky, second Keegan. The motion carried, noting the absence of Yoon. City Council Minutes 11-22-05 Page 11792 (i) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated November 17, 2005. Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of October 31, 2005. (Yoon absent) At 7:53 p.m., the order of the agenda was suspended to go to public hearing items 5 (a), (b) and (c). 3. CONSENT ORDINANCES — None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(f) and (h) 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 8:47 p.m., the order of the agenda went to item 8(a). 5. PUBLIC HEARINGS a. TEXT AMENDMENT REGARDING NONCONFORMING BUILDINGS AND USES. (Continued from meeting of October 11, 2005 & October 25, 2005) Memorandum from Community Development Director Sol Blumenfeld dated November 15, 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. The public hearing opened at 8:09 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:09 p.m. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 05-1257, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE PERTAINING TO EXPANDING AND REMODELING NONCONFORMING BUILDINGS AND USES (CHAPTER 17.52) AND BUILDINGS THAT ARE NONCONFORMING TO PARKING REQUIREMENTS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE," amended to include a six-month review and the following changes to the ordinance: City Council Minutes 11-22-05 Page 11793 • • • 1 (1) Section 7, change subsection to current codes." (2) . ,.. Section 7, change subsection to current codes." (3) Section 7, deletesubsection sections accordingly. Motion Edgerton, second Reviczky. of Yoon. A.2.c.to read "Expansion shall conform B.2.b. to read. ,"Expansion shall conform B,2.c. and renumber subsequent sub - The motion carried, noting the absence ZONE CHANGE FROM M-1, LIGHT MANUFACTURING, TO R-2, TWO FAMILY RESIDENTIAL, AND ADOPTION OF AN .ENVIRONMENTAL: NEGATIVE DECLARATION AT 494 ARDMORE AVENUE. Memorandum from Community Development Director Sol Blumenfeld. After noting .that his residence is located within :500 feet of the subject property, Councilmember Reviczky:. recused himself and left the dais and the room at 8:13 p.m. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:17 p.m. Coming forward to address the Council on this issue.. was: Betty Ryan -- Hermosa Beach, commented on the history of various zoning surrounding this' property. The public hearing closed at 8:20 p.m. Action:, To approve the staff recommendation` to waive full reading and introduce Ordinance No. 05- .1258, entitled "AN 'ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,. CHANGING' THE ZONING FROM M- 1 (LIGHT MANUFACTURING) TO R-2 (TWO-FAMILY RESIDENTIAL) AND ADOPTING A MITIGATED ENVIRONMENTAL: NEGATIVE DECLARATION . FOR. THE, PROPERTY LOCATED AT- 494 ARDMORE AVENUE (ON THE SOUTHEAST CORNER OF "FIFTH STREET 'AND ARDMORE AVENUE LEGALLY DESCRIBED AS LOT.:9 WALTER RANSOM CO'S VENABLE PLACE. Motion Keegan, second Edgerton.,. The motion carried, noting the absence of Reviczky and Yoon. At, 8:23 p.m;, Councilmember Reviczky returnedto the. dais. REVIEW AND ;"RECONSIDERATION. OF PLANNING COMMISSION DECISION ON OCTOBER 18, 2005, TO DENY A ZONE CHANGE FROM C- 3 (GENERAL COMMERCIAL) TO R-1 (SINGLE-FAMILY RESIDENTIAL) AT 1255 PROSPECT .AVENUE. Memorandum` from Community Development Director Sol: Blumenfeld dated November --15, 2005: Two supplemental communications: were received November 17, 2005 from property owner City Council Minutes 11-22-05 Page 11794 Brian Carlucci, one providing arguments to support his project and the other to ask for a continuance. A supplemental email was received November 21 from Eugene Cheng stating his opposition to the project. City Manager Burrell discussed the request for a continuance. The public hearing opened at 8:24 p.m. No one came forward to address the Council on this item. Action: To continue the hearing to January 24, 2006, as requested by the property owner. Motion Keegan, second Edgerton. The motion carried, noting the absence of Yoon. 6. MUNICIPAL MATTERS a. ANNUAL REVIEW OF FIESTAS. Memorandum from City Manager Stephen Burrell dated November 9, 2005. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this issue were: Carla Merriman — Executive Director of the Chamber of Commerce and Visitors' Bureau, said there would be several large dumpsters for use by the restaurants during the Fiestas; said for greater efficiency, a new taxi staging area would be established on Pier Avenue near Monterey (rather than at either end of Hermosa Avenue); said Sunshine Artist had declared the Fiesta, now in its 34th year, the largest Arts and Craft Fair in Southern California; discussed the large number of people who visited and brought business to the City; said the Fiesta profits greatly benefited the City. Patty Egerer — Hermosa Beach, said the Fiesta had grown too large; emphasized that Hermosa, Beach is a small community and that there should not be an effort to bring in business from all parts of California and the nation; and Michael Bell — Bell Event Services, said he found that working closely with Hermosa Beach Public Works Supervisor Mike Flaherty in running the Fiestas had resulted in successful events for all concerned. Action: To receive the information concerning both Memorial Day and Labor Day and approve the events for 2006 with a request that the Chamber of Commerce submit a report showing the net revenue from the 2005 Fiestas. Motion Edgerton, second Keegan. The motion carried, noting the absence of Yoon. At 8:38 p.m., the order of the agenda went to item 4, removed consent calendar items. City Council Minutes 11-22-05 Page 11795 • • r MISCELLANEOUS ITEMS AND REPORTS CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a CITY COUNCIL COMMITTEE . ASSIGNMENTS: ' Memorandum. from City Clerk Elaine Doerfling dated November 16, 2005. Action: It was the consensus of the Council to continue the item to the meeting. of December 13, 2005. 9. OTHER MATTERS - CITY COUNCIL None ANNOUNCEMENT : IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. APPROVAL OF MINUTES: a. Closed Session meeting held on 'October 11, 2005, b. Closed Session meetingheld on October 25, 2005; and c.. Closed Session meetingheld on November 8, 2005. CONFERENCE. WITH LEGAL COUNSEL The City Council finds, based on n advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) a Name of Case: Roberts, et al v. City of Hermosa Beach Case Number: 04 -CV -03076 b. Name of Case: Macpherson v. City of Hermosa Beach Case Number: BC172546 Anticipated Litigation: Government Code Section 54956.9(b) c. Number of potential cases: 1 CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: Hermosa Beach Firefighters' Association Teamsters Union, Local 911 City Council Minutes 11-22-05 , Page 11796 ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 22, 2005, at the hour of 8:48 p.m. to a closed session. RECONVENE TO OPEN SESSION — The Closed Session convened on Tuesday, November 22, 2005, at the hour of 8:58 p.m. At the hour of 9:28 p.m., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, November 22, 2005, at the hour of 9:29 p.m. to the Regular Meeting of December 13, 2005, at 7:10 p.m. City Council Minutes 11-22-05 Page 11797 • • vchlist 11/15/2005 2:04:57PM Check Register CITY OF HERMOSA BEACH - Bank code : boa Voucher Date Vendor Invoice Description/Account N Amount 42297 11/15/2005 10472 527601656 10/3/2005 00170 527601657 10/3/2005 00170 528456499 10/12/2005 00170 529116290 10/19/2005 00170 529116365 10/19/2005 00170 529116366 10/19/2005 00170 HENNESSEYS SOUTHERN CALIFORNIA GAS CO. SOUTHERN CALIFORNIA GAS CO. SOUTHERN CALIFORNIA GAS CO. SOUTHERN CALIFORNIA GAS CO. SOUTHERN CALIFORNIA GAS CO. SOUTHERN CALIFORNIA GAS CO. 7 Vouchers for bank code f boa 7 Vouchers in this report 4202-17996 09790459003 10210459003. 11540469001 01100457009 1391.0446007 14120446001 Public Works Dir. Luncheon 11/16/05" 001-4202-4317 Gas Billing/8-17 to 9-16-d5 001-4204-4303 Gas billing/8-17 to 9-16-05 001-4204-4303 Gas Billing/8-30 to 9-28-05 001-4204-4303 Gas Billing/9-6 to 10-5-05 001-4204-4303 Gas Billing/9-6 to 10-5-05 001-4204-4303 Gas Billing/9-6 to 10-5-05 001-4204-4303 Total : Total : Total Total : Total : Total : Total Bank total Total vouchers °: 132.00 132.00 152.18 152.18 42.53 42.53 61.52 61.52 45.67 45.67 14.89 14.89 13.55 13.55 462.34 462.34 vchlist • Check Register 11/17/2005 7:05:57AM CITY OF HERMOSA BEACH Page: 1 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 42298 11/17/2005 00243 HERMOSA BEACH PAYROLL ACCO 11152005 Payroll/11-1 to 11-15-05 001-1103 105-1103 109-1103 117-1103 121-1103 145-1103 152-1103 1.56-1103 160-1103 301-1103 705-1103 715-1103 1 Vouchers for bank code : boa 1 Vouchers in this report Total : Bank total : Total vouchers : 416, 810.89 4,113.78 2,102.81 1,683.22 2,847.83 53.54 29.28 2,599.31 7,903.50 3,183.06 3,428.43 13,891.42 458,647.07 458,647.07 458,647.07 2 Page: 1 vchlist 11/17/2005 4:20:25PM Check. Register CITY OF HERMOSA BEACH Page: Bank code boa Voucher Date Vendor Invoice Description/Account , Amount 42299 11/17/2005 02744 A & E TROPHIES 42300 11/17/2005 06290 " AIR SOURCE INDUSTRIES 42301 11/17/2005 12066 AIT 42302 ; 11/17/2005 06827 ,ALL'CITY MANAGEMENT 1005-41 1105-32 433693 433846 6423. 5701 42303 11/17/2005 06421 ALL STAR FIRE EQUIPMENT, INC: 101436 42304 11/17/2005 12470 AMERICA'S TROPHY COMPANY 9/27/05 42305 11/17/2005 05179 AT&T 42306 11/17/2005 00407 AVIATION LOCK & KEY 42307 11/17/2005 09880 AZTEC RETIREMENT. PLATES ENGRAVED 001-12034201 Mayor's Plaque 11/05 001-1101-4319. CYLINDER REFILL 001-2201-4309 CYLINDER REFILL 00.1-2201.-4309 Total Printer Cartridges 11/05 715-1206-4309 Total CROSSING GUARD SERVICE -10/16-10/29 001-2102-4201 Breathing Apparatus 11/05 001-2201-4309 MEMORIAL -PLAQUE FOR -SUE ELLIS 001-6101-4309_ 055 354 2649 001 Long Dist. Fax Billing -9/22-10/21/05 001-1204-4304 29706 R158291 Total : Total : Total : Total :. REPAIR OF POLICE LOBBY DOOR KEYPAD 001-4204-4321 Tent/Chair Rental Pier Dedication 11/05 Total : 45.67 95.79 141.46 15.00 230:40 245.40 - 345.80 345.80 3,433.49 3,433.49 106.81 106.81 200.26 200.26 41.59 41.59 570.35 570.35 vchlist Ch• Register 11/17/2005 4:20:25PM CITY OF HERMOSA BEACH Page: 2 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 42307 11/17/2005 09880 AZTEC (Continued) 42308 11/17/2005 09836 BAIERSKI, MARGUERITE L. 4601-04394 42309 11/17/2005 09104 BLENDER, TRACY 4601-04381 001-8630-4201 Inst Pmt #10210/14/19/21/23/24 001-4601-4221 Instrc. Pmts. #10061 & #10062 001-4601-4221 Total : Total : Total : 2,537.20 2,537.20 2,387.00 2,387.00 1,396.50 1,396.50 42310 11/17/2005 00034 BUSINESS SYSTEMS CORPORATIC 283917 EXCEPTION SLIPS & DOMESTIC VIOLENCE IN 001-2101-4305 115.63 283922 EXCEPTION SLIPS & DOMESTIC VIOLENCE IN 001-2101-4305 466.60 Total : 582.23 42311 11/17/2005 12881 BYSTROM, JEFF 110705-01 Computer Consulting 10/05 001-2101-4201 420.00 Total : 420.00 42312 11/17/2005 03372 CA EMS PERSONNEL FUND 2201-17974 Paramedic License Renew/L. Lickhalter 001-2201-4317 130.00 Total : 130.00 42313 11/17/2005 08338 CALIF.MFG. INFORMATION SYSTEA 120532 IT CONSULTING 151-2114-4201 406.25 120534 IT CONSULTING 151-2114-4201 1,758.33 Total : 2,164.58 42314 11/17/2005 13563 CALIFORNIA BACKGROUND, INVEE 2101-17971 Conf. Fee & Dues C.B.I.A.-Sqt. Wolcott 001-2101-4312 215.00 Total : 215.00 42315 11/17/2005 00262 CALIFORNIA MARKING DEVICE 8209 Fire Dept. Supplies 11/05 001-2201-4305 47.63 Page: 2 vchlist Check Register 11/17/2005 . 4:20:25PM CITY OF HERMOSA BEACH Page: Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 42315 11/17/2005 00262: CALIFORNIA MARKING DEVICE (Continued) Total : 47.63 .42316 11/17/2005 10838 CANON BUSINESS SOLUTIONS 3300725 Copier Maintenance Oct 05 - Jan 06 715-1208-420.1 957.99 715-2201-4201. 84.60 715-3302-4201 11.02 715-4601-4201 123.89 Total : 1,177.50 42317 11/17/2005 11433 CAPELLO, JOSEPH L. .11433 2005 ASSESSMENT TAX REBATE 105-3105 24.61 Total : 24.61 42318 - 11/17/2005 07611 CARMEN'S UNIFORM 42319 11/17/2005 12111 CHACO, JOHN 42320 11/17/2005 12861 CHEMSEARCH 42321 11/17/2005 05935 CLEAN STREET 42146 Fireman Boots Nov. 05 = 001-2201-4314 ., 173.20' Total : 1.73.20 4601-04395 Instructor Payment - #10262 & #10266 001-4601-4221 Total :. 364.00 364.00 188047 CLEANING SUPPLIES/ NOV. 05 001-4204-4309 407.12 Total : 407.12 44187 DOWNTOWN AREA CLEANING 109-3301-4201 8,217.39 001-6101-4201 562.83 109-3301-4201 -- 225.13 001-6101-4201 2,251:31 44188 CITYWIDE STREET SWEEPING OCT 05 001-31044201 42322 11/17/2005 00325 COAST GLASS COMPANY . ' 11/1/05 Community Ctr. Glass 11/05 001-4204-4309 Total : 15, 530.00 26,786.66 60.00 vchlist • C •a e: Register 9 11/17/2005 4:20:25PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 42323 11/17/2005 00045 COASTLINE EQUIPMENT 3704512 SPARE CRAWLER KEYS 715-3102-4311 30.01 Total : 30.01 42324 11/17/2005 09614 CONTINENTAL MAPPING SERVICE 110405 300' Noticing 11/15/05 Planning Comm. 001-4101-4201 2,495.00 Total : 2,495.00 42325 11/17/2005 00642 DAILY BREEZE, THE 5449031 SR. ACCOUNTING CLERK AD 10/05 001-1203-4201 346.00 Total : 346.00 42326 11/17/2005 00267 DEPARTMENT OF TRANSPORTATII 172188 Signal & Hwy Maint.- 9/05 105-2601-4251 1,472.53 Total : 1,472.53 42327 11/17/2005 13553 DIETZ BROS. MUSIC 9999-04376 Trio - Pier Dedication 11/05 001-8630-4201 600.00 Total : 600.00 42328 11/17/2005 10489 DOUBLETREE HOTEL 2101-17970 Lodging -Sgt. Wolcott- Background I.A. 001-2101-4312 379.65 Total : 379.65 42329 11/17/2005 00181 EASY READER HC05023-HD05046 Legal Ads Oct. 05 001-1121-4323 1,256.74 Total : 1,256.74 42330 11/17/2005 11034 EKLUND'S BLAST OFF 3878 Downtown Steam Clean - Triathlon 109-3301-4201 1,770.00 3879 DOWNTOWN STEAM CLEANING -10/05 109-3301-4201 2,865.00 109-3304-4201 225.00 Total : 4,860.00 42331 11/17/2005 05509 ESCALANTE, RICK 4601-04397 Instructor Pmts. #10121/10122 001-4601-4221 1,008.00 Page: 4 vchlist 11/17/2005 ' :.4:20:25PM Check Register CITY OF HERMOSA BEACH Page: 5 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 42331 11/17/2005 05509. ESCALANTE, RICK (Continued)_ 42332 11/17/2005 12671 EXTREME SAFETY 38485 GLOVE PURCHASE/ 001-2101-4306 42333 " 11/17/2005 13498 FLOOR COVERING UNLIMITED, INC 01997/16878 - VINYL & INSTALLATION/BASE 3 001-4204-4201 42334 11/17/2005 12773 HARRIS, CHERI L. 4601-0.4389 Transcription -10/19/05 001-4601.-4305 Total :. 1,008.00 269.65 Total : 269.65 Total : Total : 6,200.00 6,200.00 63.00 63.00 42335 11/17/2005 06518 HAYER CONSULTANTS, INC. 2461 Fire Dep. Plan/Checks 9/05 0014201.4201 825.00 2468 Plan Checks 9/05 001-4201-4201 1,189.85 Total - 2,014.85 42336 :11/17/2005 00065 HERMOSA BEACH CAR WASH, ZIPI 11/2/05 42337 11/17/2005 13564 HIGHVIEW INVESTMENTS, LLC 1141-17991 42338 11/17/2005 09130 HRBOKA, DENNIS 4601-04393 6892 42339 1'1/17/2005 11625 I NTELLICE PT Car Wash - Oct. 05 715-4201-4311 715-2101-4311 715-6101-4311. Work Guarantee Refund. 11/05 001-2110 Instructor Pmts. # 10131 001-4601-4221 Skate Stoppers for Pier Project 301-8630-4201 Total :. 5.95 265.10 5.95 277.00 1,600.00 Total:' 1,600.00 1,207.50 Total : 1,207.50 Total :. 689.15 689.15 vchlist • Ca Register Page: 11/17/2005 4:20:25PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 42340 11/17/2005 00668 INTERNATIONAL INST OF 10/20/05 2006 Membership/E. Doerfling 001-1121-4315 100.00 Total : 100.00 42341 11/17/2005 12901 JAZZY GYM, INC 4601-04386 Instr. Pmts. # 10538/32/29/23/20 001-4601-4221 1,078.00 Total : 1,078.00 42342 11/17/2005 10820 JENKINS & HOGIN,LLP 12802 LEGAL FEES 001-1131-4201 682.50 12804 LEGAL FEES 001-1131-4201 1,630.50 12805 LEGAL FEES 001-1131-4201 3,802.50 12806 LEGAL FEES 001-1131-4201 2,745.00 Total : 8,860.50 42343 11/17/2005 08675 KIM, NOLAN 117728. Rental Deposit Return 11/05 001-2111 100.00 Total : 100.00 42344 11/17/2005 00850 L.N. CURTIS 1089370-00 Fire Dept. Supplies 10/05 001-2201-5401 84.18 Total : 84.18 42345 11/17/2005 11065 LAOLAGI, ROSE 4601-04384 Instr. Pmts. -Polynesian Dance -Fall 05 001-4601-4221 2,520.00 Total : 2,520.00 42346 11/17/2005 10677 LAWRENCE ASSOCIATES 11/4/05 Staff Augmentation Services 10/05 140-4707-4201 1,173.00 140-8626-4201 170.00 117-5301-4201 1,215.50 Total : 2,558.50 42347 11/17/2005 00167 LEARNED LUMBER B986897 Hardware 11/7/05 105-2601-4309 82.44 Page: 6 vchlist Check Register 11%1712005 `:.4:20:25PM CITY OF HERMOSA BEACH Bank code,: boa Voucher Date Vendor Invoice Description/Account Amount 42347 11/17/2005 00167 LEARNED LUMBER (Continued) 42348 11/17/2005 12599 LOCKLEAR; DEREK BRENT 4601-04382 Instr. Pmts -Sports for Tots -Fall 05 001-4601-4221 42349 11/17/2005 12643 LORD BISSELL BROOK 500344 Legal Fees - Civil Srvc. Hearing 9/05 001-1203-4201 42350 11/17/2005 11919 MARK'S LOCK & SAFE, INC. 19922 Door Maintenance 11/05 001-4204-4201 Total : 82.44 Total : 2,891.00 2,891.00 Total : Os.00 225.00 Total : 225.00 42351 11/17/2005 13562 MARRIN JOANNA ' 117510, Course Cancellation Refund 11/05 001-2111 60.00 Total : 60.00 42352 11/17/2005 00289 MARTIN & CHAPMAN CO. " 25389 ELECTION MATERIALS & SERVICE 001-1121-4201 431.94° Total:431.94 42353 11/17/2005 00956 MOHLER, VALERIE 11/10/05 GAAP update Refreshments. 11/05 001-1202-4317 Total : 121.18 42354 11/17/2005 12568 MOMENT, PH.D., DAVID 11/10/05 CONSTRUCTION INSPECTION/20TH STREET 301-8113-4201 121.18 42355 11/17/2005 10098 NEXTEL COMMUNICATIONS 269424317-047 Cell Phone Usage -10/2-11/1/05 001-2101-4304 551834312-047 Cell Phone Usage -10/2-11/1/05 001-4601-4304 42356 11/17/2005 10653 NORMAN A. TRAUB ASSOCIATES 551a Total.: Total : 10,400.00 10,400.00 1,082.89 204.54 1,287.43 Administrative Investigation 11/05 001-12034201 1,560.00 vchlist • CAP Register 11/17/2005 4:20:25PM CITY OF HERMOSA BEACH *age: 8 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 42356 11/17/2005 10653 NORMAN A. TRAUB ASSOCIATES (Continued) 42357 11/17/2005 11539 PROSUM TECHNOLOGY SERVICE 15779 42358 11/17/2005 01429 RADIO SHACK CORPORATION 434060 42359 11/17/2005 08737 RU HS 1201-17940 42360 11/17/2005 00321 SBC 42361 11/17/2005 09656 SHRED IT CALIFORNIA 42362 11/17/2005 09811 SIGLER, WILLIAM E. 42363 11/17/2005 09737 SOLYMOSI, MARIE 42364 11/17/2005 00159 SOUTHERN CALIFORNIA EDISON C 2-00-989-6911 2-00-989-7315 2-01-836-7458 2-02-274-0542 P.D. Systems Support 9/05 715-2101-4201 Card Reader 001-2101-4305 2006 Grad Night Donation 001-1101-4319 248 134-9454 462 8 Computer Hook -Ups Nov 05 001-2101-4304 333386322 4601-04396 695450 Shredding Services 11/05 001-2101-4201 Instructor Pmts. #10351/10352 001-4601-4221 Bee Removal Oct. 05 001-3302-4201 ELECTRICAL BILLING OCT. 05 105-2601-4303 ELECTRICAL BILLING OCT. 05 105-2601-4303 ELECTRICAL BILLING OCT. 05 105-2601-4303 ELECTRICAL BILLING OCT. 05 001-6101-4303 Total : 1,560.00 Total : 62.50 Total : 43.28 1,000.00 Total : 1,000.00 Total : 111.00 Total : 111.00 1,365.00 Total : 1,365.00 Total : 85.00 62.50 43.28 10.65 10.65 85.00 171.47 9,311.79 23.48 15.51 Page: 8 / ,- vchlist Check Register 11/1712005 4:20:25PM CITY OF HERMOSA BEACH Page: Bank code : boa Voucher Date- Vendor Invoice Description/Account Amount 42364 11/17/20.05 00159 SOUTHERN CALIFORNIA EDISON C.(Continued) 2-08-629-3669 ELECTRICAL BILLING OCT. 05 001-4204-4303 2-09-076-5850 ELECTRICAL BILLING OCT. 05 105-2601-4303 2-10-947-9824 ELECTRICAL -BILLING OCT. 05 105-2601-4303. 2-19-024-1604 ELECTRICAL BILLING OCT. 05 001-6101-4303 2-20-128-4825 ELECTRICAL BILLING OCT. 05 109-3304-4303 2-20-128-5475 ELECTRICAL BILLING OCT. 05 001-4204-4303 2-20-984-6179 ELECTRICAL BILLING OCT. 05 105-2601-4303 2-20-984-6369 ELECTRICAL BILLING OCT. 05 105-2601-4303 2-21-400-7684 ELECTRICAL BILLING OCT. 05 105-2601-4303 • 2-21-964-8003 ELECTRICAL BILLING OCT. 05 105-2601-4303 2-22-267-0063 ELECTRICAL BILLING OCT. 05 109-3304-4303 2-23-687-8021 ELECTRICAL BILLING OCT. 05 001-3104-4303 2-23-725-4420 ELECTRICAL BILLING OCT. 05 001-4204-4303 42365 11/17/2005 00806 SUN BADGE COMPANY 267923 42366 11/17/2005 00123 TRIANGLE HARDWARE . 0091580 Total : 110.19 115.84 106.41- 529.72 1,752.80 29.01 24.34 - 195.81 28.31 29.32 70.28. 7736 4,638.51 17,230.15 FIREFIGHTER'S BADGE/A. BUSH 001-2201-43.14 101/2 Total: . 101.72 Replacement Inventory/9/05 001-3104-4309 61.57 age:. / d vchlist Ch•Register (Page: 10 • 11/1712005 4:20:25PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 42366 11/17/2005 00123 TRIANGLE HARDWARE (Continued) 0092034 HAMMER DRILL & MOBILE SCAFFOLDING 001-4204-5401 545.58 92323 COMM. CTR. TENNIS COURT LIGHT BULBS 001-6101-4309 1,407.25 Total : 2,014.40 42367 11/17/2005 09078 TRUGREEN LAND CARE REGIONAL 2454674436 LANDSCAPE MAINTENANCE 001-6101-4201 14,465.67 105-2601-4201 675.00 001-6101-4201 461.72 109-3301-4201 250.00 2454674437 LANDSCAPE MAINTENANCE 105-2601-4201 2,602.00 109-3301-4201 900.00 2454683869 Landscaping Maint. -Extra Work 10/05 001-6101-4201 2,600.00 2454696422 Landscaping Maint. Extra Work 10/05 001-6101-4201 400.00 Total : 22,354.39 42368 11/17/2005 11209 UC REGENTS 05110106 Continuing Education - 11/05 001-2201-4201 1,823.26 Total : 1,823.26 42369 11/17/2005 08207 UNDERGROUND SERVICE ALERT 2005110301 Underground Service Alert 11/05 160-3102-4201 74.40 Total : 74.40 42370 11/17/2005 00015 VERIZON CALIFORNIA 310 372 6373 Long Dist. Fax 10/7-11/6/05 001-1203-4304 35.55 310 406 2421 Long Dist. 9/30-10/1/05 001-2101-4304 38.96 Total : 74.51 42371 11/17/2005 12899 WESTERN STATES INFORMATION 122 E -NEWSLETTER SERVICES / 12 MONTHS 001-1101-4319 500.00 Page: 10 vchlist Check. Register : Page: 11 11/17/2005 4:20:25PM CITY OF HERMOSA BEACH Bank code boa Voucher Date Vendor' Invoice Description/Account Amount 42371 x11/17/2005 12899 WESTERN STATES INFORMATION (Continued) Total: 500.00 42372 11/17/2005-00129 WOLCOTT, PAUL 2101-17969 Meals -Background IA. - Sgt. Wolcott 001-2101-4312 84.00 42373 11/17/2005 00135 -XEROX CORPORATION 75 Vouchers for bank code : boa 75 Vouchers in this report 013419677 Copier Maintenance 11/05 001-2101-4201 Total : 84.00 Total : Bank total: Total vouchers : 166.99 166.99 148,293.89 148,293.89 • • vchlist Check Register 11/23/2005 3:51:02PM CITY OF HERMOSA BEACH Page: 1 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 42374 11/23/2005 12142 ADAM'S PREMIUM CAR CARE 21463 Auto Cleaning Supplies 11/05 001-2201-4309 42375 11/23/2005 11437 ADMINISTRATIVE SERVICES CO -01187025 42376 11/23/2005 11837 AJILON OFFICE 05/06 TAXI VOUCHER PROGRAM 145-3404-4201 T000156911 Temp:Chevonda Perry w/e 9/25/05 001-4201-4201 88.43 Total : 88.43 3,070.60 Total : 3,070.60 • 178.00 Total : 178.00 42377 11/23/2005 00407 AVIATION LOCK & KEY 29658 LOCK CHANGE & KEYS 001-2101-4309 59.74 29965 MASTER KEYS - GYM 001-4601-4305 101.96 30047 REPAIR DOOR 10/05 001-4601-4308 55.00 9777 PADLOCK KEYS 001-4601-4305 19.49 9815 SHOP KEYS 9/05 715-4206-4309 3.90 9830 PADLOCKS 10/05 001-4601-4305 116.91 9977 KEY - TRANSPONDER CHIP 715-3302-4311 48.71 Total : 405.71 42378 11/23/2005 02442 B & L CRANE SERVICE 11/7/05 Crane Service 11/07/05 121-8630-4201 42379 11/23/2005 13569 BOSSONIS, RANIA 4601-04406 Inst. Pmts. #10246/10245 001-4601-4221 400.00 Total : 400.00 546.00 Total : 546.00 Page: 1 /Ll vchlist 11123/2005 3:51:02PM Check Register Page: CITY OF HERMOSA BEACH Bank code : boa Voucher - Date Vendor Invoice Description/Account Amount 42380 11/23/2005 08482 BOUND TREE MEDICAL,LLC 50188603 50188823 50190910 42381 11/23/2005 09291 CA DISTRICT ATTORNEY'S ASSOC. 2101-18012 EMSSUPPLIES 001-2201-4309 EMS SUPPLIES 001.-2201-4309 EMS SUPPLIES 001-2201 4309 • 214.16- 37.72 14.66 Total : 266.54 06 Dues. / Meersand 001-2101-4315 100.00 Total.: 100.00 42382; 11/23/2005 03372 CA EMS PERSONNEL FUND ' 11/15/05 License Renewal - K: Bridges 42383 11/23/2005. 12230 CALIFORNIA OVERNIGHT. ` 4965394 42384 11/23/2005 10838 CANON BUSINESS SOLUTIONS 1420657 001-2201-4317 130.00 Total 130.00 Letter to Board of Supervisors 10/05 705-1209-4305 14.47 Total:1 14.47 J1 STAPLES NOV. 05 001-1208-4305 001-3302-4305 001.-2201-4305 001-4601-4305 Total : 42385 11/23/2005 04715 COLEN AND LEE 9/30/05 REIMBURSE LIABILITY TRUST ACCT 10/05 42386 11/23/2005 09614 , `CONTINENTAL MAPPING SERVICE 1101005 42387 11/23/2005 00879 COUNTY OF LOS ANGELES AR319294 65.24 18.66 18.67 18.67 121.24 705-1209-4324 31,337.38 Total : 31,337.38 300' NOTICING - 494 Ardmore 001-4101-4201 Total : 225.00 225.00 Sewer Pump Station Maintenance 5/05 160-3102-4251 1,384.51 vchlist 110 11/23/2005 3:51:02PM CaRegister • 9 Page:. 3 CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 42387 11/23/2005 00879 COUNTY OF LOS ANGELES (Continued) AR320289 ARTESIA BLVD. MEDIAN MAINTENANCE 105-2601-4251 997.66 AR320789 SEWER PUMP STATION MAINTENANCE 160-3102-4251 1,321.97 AR320813 ARTESIA BLVD. MEDIAN MAINTENANCE 105-2601-4251 310.68 Total : 4,014.82 42388 11/23/2005 03674 CPS . SOP16574 Testing Materials 11/05 001-1203-4201 902.25 Total : 902.25 42389 11/23/2005 08855 D & D SERVICES, INC. 37478 Animal Shelter & Disposal 10/05 001-3302-4201 295.00 Total : 295.00 42390 11/23/2005 00154 DEPARTMENT OF ANIMAL CARE & 1.1/6/05 ANIMAL HOUSING 10/05 001-3302-4251 80.37 Total : 80.37 42391 11/23/2005 00147 DEVELOPMENT, THE 157631 Photo Processing 001-2101-4305 39.86 Total : 39.86 42392 11/23/2005 13565 DURAND, BEATRICE 1205-17998 Citation Refund 001-3302 35.00 Total : 35.00 42393 11/23/2005 01962 FEDERAL EXPRESS CORP. 1238-9937-7 Delivery to E. McErlain 11/05 001-1208-4305 24.77 Total : 24.77 42394 11/23/2005 06293 FEDEX KINKO'S INC. 1010P004008 FEDEX KINKOS 001-4601-4308 28.90 101600000091 FEDEX KINKOS 001-4601-4305 5.93 Page: 3 vchlist Check Register Page: 11/23/2005 3:51:02PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date. - Vendor Invoice Description/Account Amount 42394 11/23/2005 06293 FEDEX-KINKO'S INC. - (Continued) 101600000109 FEDEX 'KINKOS 001-4601-4305 42395. 11/23/2005 01320 GALLS/LONG BEACH UNIFORM CO 728885 42396 -- 11/23/2005 05125 GHASSEMI PETTY CASH, MARIA 1141-18015 Police Jump Suit — Ofc. Alfadis - 001-2101-4314 Total : Total 48.71 83.54 250.00 250.00 PETTY CASH REPLENISH 11/23/05 001-1101-4305 75.76 001-1201-4305 14.78 001-1201-4315 25:00 001-2201-4305 6828 001-2201-4309 23.24 001-4101-4305 35.08 001-4201-4317 23.84 001-4202-4305 ' 6.46 001-4601-4305. 54.67 001-4601-4308 188.99 301-8630-4201 . 89.86 001-3904 85.28 001-1020 100.00 001-1203-4305 42397 11/23/2005 13571 GOOD TO GO GRAPHICS 00005936 Picture Jackets 11/05 001-4601-4308 42398 11/23/2005 13303 HAREL CONSTRUCTION SPECIALT 506 42399' 11/23/2005 04108 HAZELRIGG RISK MGMT SERV, INC 11/23/05 EXPANSION JOINTS.INSTALLED 121-8630-4201 WORKER'S COMP CLAIMS 1.1/23/05 705-1217-4324 33.16 Total :. 824.40 352.75 Total : 352.75 Total : Total : 4,300.00 4,300.00 - 23,822.31 23,822.31 11111 vchlist 4110 CO Register Page: 5 11/2312005 3:51:02PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 42400 11/23/2005 13573 HORGAN, LUKE 117782 Rental Deposit Return 001-2111 20.00 Total : 20.00 59.96 Total : 59.96 42402 11/23/2005 04908 JAMESTOWN PRESS 7669 Business Cards - 11/05 001-1208-4305 162.38 42401 11/23/2005 12859 INTERSTATE ALL BATTERY CENTE 372869 BATTERIES 11/05 001-2201-5401 42403 11/23/2005 05356 JOHN L. HUNTER & ASSOC. HBBCR1005 BEVERAGE CONTAINER ADMIN/05/06 150-3102-4201 HBU01005 USED OIL RECYCLING PROGRAM/05/06 160-3105-4201 260.00 Total : 341.25 Total : 162.38 81.25 42404 11/23/2005 08445 ' LITTLE CO OF MARY HOSPITAL Q016211494 PATIENT SERVICES 001-2101-4201 35.00 Q016252531 PATIENT SERVICES 001-2101-4201 35.00 Total : 70.00 42405 11/23/2005 12183 LUDWIG KLEIN REPORTERS 126616 Court reporter 10/26/05 001-1203-4201 300.00 Total : 300.00 42406 11/23/2005 10045 MAIN STREET TOURS 33000 TRANSPO.- LA CO.MUS. ART 10/22/05 145-3409-4201 575.00 Total : 575.00 42407 11/23/2005 13567 MCNALLY FAMILY HOUSEHOLD 1204-17945 CITATION REFUND 001-3302 30.00 Total : 30.00 42408 11/23/2005 01911 MEDICAL INSTITUTE 10/12/05 FIRST AID L. HEARD 001-1203-4320 351.00 Page: 5 vchlist Check Register„ Page:. 6 11/23/2005 3:51:02PM CITY OF HERMOSA BEACH Bank code.: boa Voucher Date Vendor Invoice Description/Account Amount 42408 11/23/2005 01911 MEDICAL INSTITUTE - - (Continued) 10/14/05 10/19/05 FIRST AID L. HEARD 001-1203-4320 FIRST AID L. HEARD 001-1203-4320 - 53.0.0 53.00 Total : 457.00 42409 11/23/2005 10399 MSA 4202-18001 Dues -M. Flaherty/R. Morgan 05/06 001-4202-4315 85.00 Total : 85.00 42410 11/23/2005 12795 OFFICE TEAM 14521488 Shaleah Upshaw w/e 11/4/05 001-1204-4201 517.50 14539197 Temp:Shaleah Upshaw w/e 11/11/05 001-1204-4201 655.50 Total : 1,173.00 42411 11/23/2005 08878 , PARADISE AWARDS 509006 BRONZE PLAQUE/PIER PROJECT 301-8630-4201 42412 11/23/2005 11539 PROSUM TECHNOLOGY SERVICES 16012 Computer Systems Support 10/05 7-15-1206-4201 250.00 Total : 250.00 42413 11/23/2005 10970 ROBERTS, FREDERICK 4601-04407 Umpire Pmt. Fall '05 001-4601-4201 Total : 3,938.75 3,938.75 42414 42415 42416 11/23/2005 13051 11/23/2005 13004 11/23/2005 13570 ROBERTS,. SCOTT 4601-04408 INSTR.-PMTS. #10269/10271 001-4601-4221. ROCKET INTER NETWORKING INC. 8098 SANCHEZ MILLER, SARAH 4601-04400 Wireless Internet Service Dec. 05 715-1206-4201 Inst. Pmts. #10460/10463 Total : Total : Total : 855.00 855.00 623.00 623.00 299.00 299.00 vchlist 11/23/2005 3:51:02PM C. Register Page: 7 CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice 42416 11/23/2005 13570 SANCHEZ MILLER, SARAH 42417 11/23/2005 09268 SIGNS 4 SUCCESS (Continued) 17293 17921 Description/Account Amount 001-4601-4221 672.00 Total : 672.00 Tree Lighting 11/05 001-4601-4308 New Year's Eve Banner 06 001-4601-4308 50.00 514.19 Total : 564.19 42418 11/23/2005 00341 SOUTH BAY CITIES COUNCIL OF 4101-18023 ArcGIS-Class S. Lunceford - 05 001-4101-4317 300.00 Total : 300.00 42419 11/23/2005 13566 SPASOV, PETER 1204-18002 Citation Refund 001-3302 65.00 Total : 65.00 42420 11/23/2005 13568 STERMER, HELEN 1206-18004 Refund - Transport Ovr. Pmt. 001-3840 168.60 Total : 168.60 42421 11/23/2005 11908 SWRCB ACCOUNTING OFFICE 0511851 Annual Fee for Waste Discharge 05 160-3102-4251 3,844.00 Total : 3,844.00 42422 11/23/2005 12349 TAUSSIG & ASSOCIATES, INC, DAV 5090354 ASSESSMENT ENGINEERING SERV./BONNIE E 310-8105-4201 8,790.13 Total : 8,790.13 42423 11/23/2005 13269 TGR GEOTECHNICAL, INC. 2111 COMPACTION TEST/20TH ST IMPROVEMENT 301-8115-4201 437.80 Total : 437.80 42424 11/23/2005 10529 TINGLEY, RUSSELL 10/4/05 Per Diem - R.Tingley 11/30/05 001-2201-4317 115.00 Total : 115.00 Page: 7 vchiist'`: 11/23/2005 3:51:02PM Check Register Page: CITY OF HERMOSA BEACH - Bank code :, boa Voucher Date Vendor Invoice Description/Account. Amount 42425 11/23/2005 08097 UNION BANK OF CALIFORNIA 224476 ,Safekeeping Fees 10/05 001-1141-4201 42426 11/23/2005 00015 VERIZON CALIFORNIA 310-197-3683 Phone Charges Nov. 05 715-1206-4201 310-318-0200 715-1206-4304 001.-3302-4304. 001-2101-4304 001-4204-4321 001-2201-4304 001-4601-4304 001-4202-4304 001-4201-4304 109-3304-4304 001-1204-4304 Phone Charges - Nov 05 001-1121=4304 001-1132-4304 001-1141-4304 001-1201-4304 001-1202-4304 001-1203-4304 001-1208-4304 001-2101-4304 - 001-2201-4304 001-4201-4304 001-4202=4304 001-4601-4304 001-12044304 001-3302-4304. - 715.1206-4304 001.-4101-4304 Total : 29t67 291.67 187.26 53.44 64.26 1,259.19 58.30 242.73 148.56 121.69 83.72 30.89 32.10 10.82 5.73 2.76 8.33 35.09 35.65 1.40 269.18 158.68 40.73 126.58 61.83 37.79 3.84 1.1.99 24.11 vchlist • 11/23/2005 3:51:02PM Ca Register CITY OF HERMOSA BEACH Page: 9 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 42426 11/23/2005 00015 VERIZON CALIFORNIA 42427 11/23/2005 02873 WESTERN GRAPHIX 42428 11/23/2005 13302 WHEELED COACH 42429 11/23/2005 11733 WILDLAND FIREFIGHTER 56 Vouchers for bank code : boa 56 Vouchers in this report (Continued) 310-318-6379 23659 Phone Charges Nov. 05 001-1121-4304 001-1132-4304 001-1141-4304 001-1201-4304 001-1202-4304 001-1203-4304 001-1208-4304 001-2101-4304 001-2201-4304 001-4101-4304 001-4201-4304 001-4202-4304 001-4601-4304 001-1204-4304 715-1206-4304 001-3302-4304 ID Card Sgt. Saldana 11/05 001-2101-4305 Total : Total : 3.28 1.74 0.84 2.52 10.64 10.81 0.42 81.61 48.11 7.31 12.35 38.38 18.75 11.46 3.63 1.16 3,369.66 16.16 16.16 253250 2 2005 WHEELED COACH AMBULANCES 715-2201-5403 209,887.50 Total : 209,887.50 2201-18010 Subscription Renewal 06 001-2201-4315 Total : Bank total : Total vouchers : 29.90 29.90 309,699.39 309,699.39 Page: 9 vchlist Check Register 12/01/2005 5:49:06PM CITY OF HERMOSA BEACH Page: 1 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 42430 12/1/2005 13575 AFSS 12/13/05 AFSS Qtrly. Mtg.-S. Diaz -12/13/05 001-2201-4317 25.00 Total : 25.00 42431 12/1/2005 06290 AIR SOURCE INDUSTRIES. 434749 CYLINDER REFILL - 11/05 001-22014309 71.40 Total : 71.40 • 42432 12/1/2005 11837 AJILON OFFICE T000178640 Finance Temp w/e 11/6&11/13/05 001-1202-4201 Total : 1,500.00 1,500.00 42433 12/1/2005 06827 ALL CITY MANAGEMENT 5776 CROSSING GUARD SERVICE 10/30-11/12/05 001-2102-4201 3,087.88 Total : 3,087.88 42434 12/1/2005 03535 AUTOMATED FILING SYSTEMS, INC 0073812 -IN 06 FOLDERS FOR POLICE RECORDS 001-21014305 • 694.69 Total : 694.69 42435 12/1/2005 12078 BEACH HOUSE H2112105 Reception Pier Dedication 11/05 001-8630-4201 42436 12/1/2005 08344 BOUMA, SHANE 4601-04410 Roller Hockey Referee Fall 05 001-4601-4201 42437 12/1/2005 13580 BROVARNY, SIMON 288015 Piano Tuning - Theater 11/05 42438 12/1/2005 13298 CABINET CRAFT Total : Total : 7,956.41 7,956.41 • 289.75 289:75 001-4601-4201 105.00 Total : 105.00 1185a . Additional Cabinets F.D. 11/05 180-8610-4201 - 1,545.00 1185b Repair FD Cabinets 11/05 180-8610-4201 •980.00 ' , vchlist 12/01/2005 5:49:06PM Clit Register CITY OF HERMOSA BEACH — Page: 2 Bank code : boa Voucher Date Vendor Invoice 42438 12/1/2005 13298 CABINET CRAFT (Continued) 42439 12/1/2005 03621 CALIFORNIA FENCE & SUPPLY CO. 3165 42440 12/1/2005 00262 CALIFORNIA MARKING DEVICE 53225 42441 12/1/2005 00016 CALIFORNIA WATER SERVICE 4286211111 42442 12/1/2005 13584 CARMANAH TECH., INC. 42443 12/1/2005 04715 COLEN AND LEE 42444 12/1/2005 00879 COUNTY OF LOS ANGELES 42445 12/1/2005 12856 CYGANY, INC. 42446 12/1/2005 01390 DAPPER TIRE CO. 40959 2461 AR319314 2980 390262 391119 Description/Account Amount GATE INSTALL BOWLING GREEN 001-8534-4201 Name Plate - H. Fishman 001-1101-4319 Water Usage - Oct. 05 105-2601-4303 001-6101-4303 001-4204-4303 109-3304-4303 Stop Sign Flash Beacon 105-2601-4309 GEN. LIABILITY CLAIMS ADMIN. 10/05 705-1209-4201 Artesia Median Maintenence 5/05 105-2601-4251 DOG BAGS FOR PARKS & GREENBELT 001-6101-4309 TIRES 11/05 715-2201-4311 Tires Purchase 11/05 715-2101-4311 Total : 2,525.00 998.00 Total : 998.00 Total : 14.07 14.07 Total : Total : 1,417.02 8,658.89 679.44 154.90 10,910.25 3,908.68 3,908.68 1,000.00 Total : 1,000.00 Total : 165.42 Total : 843.75 165.42 843.75 149.16 98.07 Page: 2 2_y vchtist Check Register Page: 12/01/2005 5:49:06PM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice Description/Account Amount 42446 12/1/2005 01390 DAPPER TIRE CO. (Continued) 391121 Tires Purchase 11/05 715-2101-4311 = 98.07 • Total : 345.30 - 42447 12/1/2005 07830 DELINQUENCY CONTROL INSTITU"2101-18035'. Tuition-Ofc. Scheid -Child Abuse Seminar 001-2101-4312 681.00 Total : 681.00 42448 12/1/2005 ` 03673 DEPARTMENT OF THE CORONER REAU90089 Autopsy Report #2005-02468 001-2101-4251 42449 12/1/2005 02055 DOERFLING, ELAINE C. 959 Per Diem PER DIEM 001-1121-4317 _. 42450 12/1/2005 13582 EDWARDS, KATHERINE J. 10083 Admin: Investigation 11/05 001-1203-4201 Total : 23.00 23.00 110.00 Total : 110.00 Total : 2,076.49 2,076.49 42451 12/1/2005 10668 EXXON MOBIL FLEET/GECC, ACCT 8839809 Gas Card Purchase 1.0/11-11/10/05 715-2101-4310 4,616.52 715-2201-4310 782.56 715-4201-4310 205.39 715-4202-4310 110.63 715-6101-4310 387.61 715-3302-4310 417.39 715-3104-4310 449.67 715-4601-4310 177.54 715-2601-4310 434.06 715-31024310 74.94 001-1250 .. 81.76 Total 7,738 .07 42452 12/1/2005 13577 FIRE NUGGETS 2201-18024 REGISTRATION FIRE DEPT. PERSONNEL 001-22014317 575.00 zliP5 z ge: vchlist .- 12/01/2005 5:49:06PM ItRegisterPage: 4 CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 42452 12/1/2005 13577 FIRE NUGGETS (Continued) Total : 575.00 42453 12/1/2005 06518 HAYER CONSULTANTS, INC. 2477 Fire Dept Plan Checks -11/05 001-4201-4201 712.50 Total : 712.50 42454 12/1/2005 04108 HAZELRIGG RISK MGMT SERV, INC 12/1/05 WORKERS COMP CLAIMS 11/23/05 705-1217-4324 11,394.65 Total : 11,394.65 42455 12/1/2005 03131 HDL COREN & CONE 0010451 -IN TRANSFER TAX RECOVERY 11/05 001-1202-4201 726.14 0010515 -IN PROPERTY TAX AUDIT OCT -DEC 05 001-1202-4201 1,250.00 0011167 -IN b SALES TAX RECOVERY 2ND QTR. 001-1202-4201 530.33 Total : 2,506.47 42456 12/1/2005 13209 HERTZ EQUIPMENT RENTAL 15718690 BUCKET TRUCK RENTAL 11/14/05 109-3301-4319 15718691 Bucket Truck Rental 11/10/05 109-3301-4319 15726088 EQUIPMENT RENTAL - 11/10/05 001-6101-4201 42457 12/1/2005 07547 HINDERLITER DE LLAMAS & ASSO( 0011167 -IN a SALES TAX SERVICES/05/06 001-1202-4201 328.54 328.54 301.48 Total : 958.56 900.00 Total : 900.00 42458 12/1/2005 12919 HOPKINS CONSTRUCTION CO., GE 6158 MUNI. PIER RENOVATION PHASE III OCT 05 121-8630-4201 11, 379.68 122-8630-4201 113,993.11 301-8630-4201 39,386.27 150-8630-4201 91,133.90 Total : 255,892.96 42459 12/1/2005 03884 HOTEL PACIFIC 959 Hotel Hotel 3 nights E. Doerflinq 12/7/05 Page: 4 vchlist Check 'Register - 12/01/2005 5:49:06PM CITY OF HERMOSA BEACH, . Page: Bank code : boa Voucher Date. Vendor Invoice. Description/Account Amount' 42459 12/1/2005 03884. HOTEL PACIFIC 42460 12/1/2005 12151 JAHNG, CHRISTOPHER Y. 42461 - 12/1/2005 13578 LAKE ARROVIIHEAD RESORT 42462. 12/1/2005 00167 LEARNED LUMBER 42463 12/1/2005. 07616 LOS ANGELES COUNTY 42464. 12/1/2005 07252 LYNN, ELEANOR 42465 12/1/2005 13583 MORRISSEY, JOHN 42466 12/1/2005 10098 NEXTEL COMMUNICATIONS (Continued) 4601-04398 4601-04399 4601-04401 001-1121-4317 Instr.Pmt. #10548 001-4601-4221. Instr. Pmts. #9249/9250 001-4601-4221. Inst Pmts. #9824/10613 001-4601-4221- 2101,18037 Hotel-Ofc. Scheid 12/4-12/9/05 001-2101-4312 B988240 Hardware 11/05 001-6101-4309 11050419 1202-18033 2004 TAX ASSESSMENT REBATE = 105-3105 24.61 Total : _ 24.61 Bus Pass Sales - Nov 05 145-3403-4251 458.70 Total : 45870 Total : Total : 721.00 ._. 2,003.75 1,817.55 4,542.30- 539.71 539/1- 152.95. Total :.. 152.95 • 196.00 Total: - 196.00 1202-18007 Paramedic Transportation Ovr. Pmt. 001-3840 281.00 959814312-047 CeII Phone Usage 10/05 001-4202-4304 42467 12/1/2005 10653 NORMAN A. TRAUB ASSOCIATES' 512 Total : 281.00 514.80 Total: 514.80 OUTSIDE INVESTIGATION/PERSONNEL 001-2101-4201 .- 14,555.60 vchlist • 12/01/2005 5:49:06PM Ca Register Page: 6 CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 42467 12/1/2005 10653 NORMAN A. TRAUB ASSOCIATES (Continued) Total : 14,555.60 42468 12/1/2005 11785 NORTHERN TOOL & EQUIPMENT C 12944255 TOP MOUNT BOXES FOR P,W. PICKUP TRUCI' 715-2601-4311 855.06 13004053 POWER INVERTER 105-2601-4309 584.51 Total : 1,439.57 42469 12/1/2005 06473 NOW DOCS 27586 W-2 & 1099 Forms & Envelopes 05 001-1202-4305 165.39 Total : 165.39 42470 12/1/2005 13574 PALA MESA RESORT 12/13/05 Lodging - S.Diaz - 12/13/05 AFSS 001-2201-4317 59.40 Total : 59.40 42471 12/1/2005 10139 PARKING CONCEPTS INC. 2841005 OPER.ATING EXP. PARKING STR. 10/05 109-3304-4231 14,650.87 2851005 OPERATING EXP. LOT A 10/05 109-3305-4231 12,431.84 Total : 27,082.71 42472 12/1/2005 13545 PRELETZ, JOSEPH 1202-18038 2005 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 42473 12/1/2005 13480 PREMIUM CONSTRUCTION, INC. 1451 FORT LOTS -O -FUN PLAYGROUND RENOVATI( 125-8534-4201 5,606.00 001-8534-4201 2,660.00 Total : 8,266.00 42474 12/1/2005 13581 PRICE, JIM 11/23/05 TRAIN- BREAKFAST W/ SANTA 001-4601-4201 300.00 Total : 300.00 42475 12/1/2005 06912 REDONDO, ANTHONY 1202-18040 2005 Assessment Rebate 105-3105 24.61 z_e Page: 6 vchlist Check Register 12/01/2005 5:49:06PM CITY OF HERMOSA BEACH Page: Bank code : boa Voucher Date Vendor Invoice Description/Account - Amount 42475 12/1/2005 06912 REDONDO, ANTHONY (Continued) Total : 24.61 42476 12/1/2005 13301 RESOURCE COLLECTION,THE 0123049 -IN PARKING JANITORIAL SRVC. 10/05 001-4204-4201 43.00 0123227-1N JANITORIAL SERVICES NOV. 05 001-4204-4201 7,718.00 Total 7,761.00 42477 , 12/1/2005 05379 RICHARDS, WATSON & GERSHON 142322 42478 12/1/2005 00321 Legal Fees -Stop Oil 10/05 "• 001-1131-4201 6,521.81 Total : 6,521.81. 333-254-6071, -T=1 CIRCUIT BILLING 11/05 001-2101-4304 333-267-6155. T-1 CIRCUIT BILLING 11/05 001-2101-4304 333-267-6160 T-1 CIRCUIT BILLING 11/05 -001-2101-4304 • 333-267-6161 T-1 CIRCUIT BILLING 11/05 001-2101-4304 333-267-6164 T-1 CIRCUIT BILLING 11/05 001-2101-4304 ' 333-267-6165 T-1 CIRCUIT BILLING 11/05 001-2101-4304 42479 12/1/2005. 01420 SCHEID, DOROTHY • 2101-18036 42480 12/1/2005 09811 SIGLER, WILLIAM E. 4601-04402 42481 . - 12/1/2005 00146 SPARKLETTS 4356663-61 P-7 Meals-Ofc. Scheid -5 days 001-2101-4312 Inst. Pmts. #9824/10613. 001-4601-4221. Total Total Total : 57.92 189.22 59.72 59.72 50.93 50.93 468.44 140.00 140.00 1,817.55 1,817.55 Water Delivery 11/05 001-4601-4305 45.91 vchlist • 12/01/2005 5:49:06PM CO Register Page: 8 CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 42481 12/1/2005 00146 SPARKLETTS (Continued) Total: 45.91 42482 12/1/2005 10232 SPICERS PAPER,INC. 496769 COPIER PAPER 11/05 001-1208-4305 901.68 001-2021 16.97 001-2022 -16.97 Total : 901.68 42483 12/1/2005 13579 STROYKE, VIVA JAMESON 4202-18022 REFUND -GLARE SHIELD/CITY POLE 105-2601-4201 110.00 Total : 110.00 42484 12/1/2005 09078 TRUGREEN LAND CARE REGIONAL 2454496310 LANDSCAPE MAINTENANCE 7/05 001-6101-4201 14,465.67 105-2601-4201 675.00 109-3301-4201 250.00 Total : 15,390.67 42485 12/1/2005 13345 UNITED RENTALS 52202011-001 PARTS FOR WATER & TRASH PUMPS 160-3102-4309 258.52 Total : 258.52 42486 12/1/2005 00015 VERIZON CALIFORNIA 310-167-1756 Phone Charges/11/16-12/16/05 001-2101-4304 265.12 310 -PLO -0346 Circuit Line Billing/11/16-12/16/05 001-2101-4304 41.77 Total : 306.89 42487 12/1/2005 03209 VERIZON WIRELESS -LA 1995303646 Cell Phone Usage Oct. -Nov. 05 715-1206-4304 42.63 001-2101-4304 243.72 Total : 286.35 42488 12/1/2005 13576 WEBB, TERESE 1204-18018 REFUND CITATION #1605014313 001-3302 35.00 Total : 35.00 42489 12/1/2005 01206 ZUMAR INDUSTRIES 0081273 Replacement Signs 11/05 Page: 8 vchlist 12/01/2005 5:49:06PM Check Register CITY OF HERMOSA BEACH Page: Bank code : boa Voucher Date Vendor Invoice Description/Account Amount •42489. 12/1/2005. 01206 ZUMAR.INDUSTRIES 530526130 11/2/2005 00170 SOUTHERN CALIFORNIA GAS CO. 530526132 11/2/2005 00170 SOUTHERN CALIFORNIA GAS CO. 531918289 11/16/2005 00170 SOUTHERN CALIFORNIA GAS CO. 532212430 11/21/2005 00170 SOUTHERN CALIFORNIA GAS CO. 532212473 11/21/2005 00170 SOUTHERN CALIFORNIA GAS CO. 532212474 11/21/2005 00170 SOUTHERN CALIFORNIA GAS CO. 533320195 11/30/2005 00170. SOUTHERN CALIFORNIA GAS CO. (Continued) 0081660 0081734 00817.35 09790459003 10210459003 11540469001 01100457009 13910446007 14120446001 09790459003 001-3104-4309 - Replacement Signs 11/05_ 001-3104-4309 Telespar/Rivets 11/05 001-3104-4309 Telespar pole- 11/05 001-3104-4309 Gas :Billing/9-16 to 10-17-05 001-4204-4303 Gas Billing/9-16 to 10-17-05 001-4204-4303 Gas Billing/9-28 to 10-28-05 001 -4204 -4303 - Gas Billing/10-5 to 11-3-05 001-4204-4303. Gas Billing/11-5 to 11-3-05 001-4204-4303 Gas Billing/10-5 to 11-3-05 001-4204-4303 Gas Billing/10-17 to 11-15-05 001-4204-4303. Total. : Total : Total : Total : Total : Total : Total : Total 242.58 876.83 894.25 866.43 2,880.09 181.84 181.84 48.22 48.22 80.91 80.91 54.48 54.48 36.50 36.50 15.52 15.52 194.38 194:38 vchlist • 12/01/2005 5:49:06PM Ca Register Page: 10 CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 533320200 11/30/2005 00170 SOUTHERN CALIFORNIA GAS CO. 10210459003 Gas Billing/10-17 to 11-15-05 001-4204-4303 52.10 Total : 52.10 68 Vouchers for bank code : boa Bank total : 414,225.12 68 Vouchers in this report 414 22 Total vouchers : 5.12 Page: 10 vchlist 12/05/2005 7:47:06AM Check Register: Page: 1 CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice - Description/Account Amount 42490 12/5/2005 00243 HERMOSA BEACH PAYROLL ACCO 11162005 Payroll/11-16 to 11-30-05 001-1103 105-1103 109-1103 117-1103 145-1103 152-11.03 156-1103 160-1103 301-1103 705-1103 715-1103 1 Vouchers for bank code : boa 1 Vouchers in this report Total, : Bank total : Total vouchers : 624, 569.36 5,619.38 2,663.97 1,859.52 55.57 -10.71 147.70 15,920.37 3,358.06 9,150.55 9,273.55 672,628.74. 672,628.74 672,628.74 \J vchiist • Ce Register Page: 2 12/0512005 7:47:06AM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount "I hereby certify that the demands or claims covered by the checks listed on pages 1 to inclusive, of the check register for 60/ 3 -la/Page accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date /- 0Ct-c— 1 II Page: 2 • December 6, 2005 Honorable Mayor and For the Meeting of Members of the City 'Council December 13, 2005 CANCELLATION,OF CHECKS Please ratify the following request for cancellation of the check listed below: #42082 —10/20/05 Triangle Hardware — $607.15 The check was lost in the mail. A stop payment has been placed The check was later found and returned to the City. Concur: Step - n Burrell, City Manager Cg y C19(Yry John M. Workman, City Treasurer Noted for fiscal impact: Viki :Copeland, Finance Director December 7, 2005. Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 13, 2005 TENTATIVE FUTURE AGENDA ITEMS .BER`2' 2005' NO MEETING Review -of the tree ordinance Public. Works Director Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of December 6, 2005. Community Resources Director Activity Reports - November 2005 All Departments JANUAR' 6 Public Hearing:.Review and reconsideration of Planning Commission decision on October 18, 2005, to deny a zone change from C-3 (General Commercial) to R-1 (Single -Family Residential) at 1255 Prospect Avenue. (Continued from 11/22/05) Community Development Director Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of January 3,2006.' Recommendation to receive and file the action minutes of the Planning Commission meeting of February 21, 2006. Community Resources Director Recommendation to receive and file the action minutes of the Planning Commission meeting of January 17, 2006. All Departments Community Development.. Director . Activity Reports — December 2005 All Departments FEBRUARY 14, 2006 Recommendation to receive and file the action minutes of the Public Works Commission meeting of. January 18, 2006. Public Works Director FEBRUARY 28, 2006 Public Heating: Planning Commission denial, on September 20, 2005, of Conditional Use Permit amendment for a restaurant with on -sale alcohol to • change the closing time from 12:00 midnight to 2:00am daily at 73 Pier Avenue, Mediterraneo Restaurant. • Community Development Director Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting,of February 7, 2006. Community Resources Director Recommendation to receive and file the action minutes of the Planning Commission meeting of February 21, 2006. Community Development Director Activity. Reports - January 2006 All Departments December 6, 2005 Honorable Mayor and Members of the Hermosa Beach City Council Recommendation:. It isrecommended that the City Council deny the following; claim and refer it to the City's Liability Claims Administrator to issue the notice of rejection. 1. Claimant: Donna Bullock. Carrera Date of Loss: 12/04, 5/20/05 and 11/17/05 Date Filed: 11/22/05 Allegation: Claimant alleges Hermosa Beach Police made unwarranted searches of home, refused to take police reports, and harassed her. Regular Meeting of December 13,2005 RECOMMENDATION TO DENY CLAIM A copy of the claim is available for review in the City Clerk's Office. Respectfully Concur: ,Midhael A. Earl, Direct Personnel and Risk M. agement Sphen R. Burrell "City Manager CITY OF HERMOSA BEACH CLAIM REPORTING FORM FOR ALL PERSONS OR PROPERTY FILE WITH: City Clerk's Office, City of Hermosa Beah 1315 Valley Drive RESERVE FOR FILING STAMP DEPT. NO ' '--,.. Hermosa Beach, CA 90254 • INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not later than six months after the occurrence. (Gov. Code Sec. 911.2 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec. 911.2) • 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. F,y i- .' ^,ti, '• " '` \::7'I',',_,.` , Name of Claimant i .ThKVial �.- Date Of Birth Of Claimant in uci iN ' -1 Lel Home Address Of CIa CO s` mant u rNLSa..to Occupation of CI i nt . cJ ccs Business Address of Claimant LO ea , CA 7e Home Telephone Number , -"Z) 21p^3jsem6• Give adthg s and telephone number to which you desire notices or communications to be sent regarding this claim. Business Telephone Number ( ) Slit N-- - Claimant'\Social Security No. t: \3 -. Date of Damage/Loss/Injury \k ‘1 0 r 4_ 0 0 '_' 1 ... /$ _ Z 1 Time A.M. P.M. Place of Damage/Loss/inju fkG ov ss A .! �4e i� a 0n. s eG � i A u `/ 6tAt R ,dc How did dame a/loss/injury occur? (Be specific) VD �; C_Q tk '7 u). a(\tE[.t.l�-�dQ , WA owl -eat -1 (� Beare .... t4 Q . 4.-cLIAK l `e e ,t: ex4s' ha.0 c_ Were Police at scene? Yes Were Paramedics at seen- - Yes �` ■ ' No No. ■ Vii` " Report � What particular act or omission do you. claim caused the damage/loss/injury". Oat t " ` !Ld_ _' l 11 15. 1 - ♦ • \ k $ 1 . moi 1 _"..:lfer 1.-' . ,. N:me of.City e •.r. ee(s c-1 ' ►. • i singtt damag-..mss/injury: tA-elAIIPS j 4. tel" / s. `. �.. . ► 1 P' 4,.j ei-1, ( S �f? l`+ C�� (AAA "& e� . l� de , ,► .• claimed, as of the d of presentation of this claim, is computed as follows: (pleas PLEASE REMEMBER TO SIGN CLAIM.FORM estimates/receipts)` claim(rm.doc • .10 Damages incurred to date (exact): Expenses for medical and hospital care Loss of earnings Special damagep fok Af1A,K bv0i General damages Total damages incurr to date pook1/4 k Gl_W\ $ -k-IA-10.4k(1-11,14 IN\ 1-tAZ- Estimated expenses for medical • Future expenses for medical and hospital care Future loss of earnings Other prosp9ctive spe damages... Prospective genera damages Total estimate prospective and hospital care damages WITNESSES to DAMAGE or INJURY: LIST ALL PERSONS and addresses of persons known to have information: Name . Address Phone Name Name Address - Address Phone Phone • DOCTORS and HOSPITALS: Hospital Address Doctor Address Doctor Address • Date Hospitalized Date of Treatment Date of Treatment READ CAREFULLY For all accident claims place on following diagram names of streets, including North, East South, and West; indicate' place of 'accident by "X" and showing house number or distances to street corners. If City vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by 13-1" and the point of impact by "X". NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. CURB SIDEWALK • PARKWAY SIDEWALK Signature of claimant or person filing on his behalf giving relationship to Claimant: Typed Name: dimio••• PLEASE REMEMBER TO SIGN CLAIM FORM Date:- claimfrni.doc Honorable Mayor and Members of the City Council December 5, 2005 For the City Council Meeting of December 13, 2005 ACCEPTANCE OF DONATIONS Recommended Action: It is recommended that the City Council accept donations received by the City to be used as follows: Dbnor Joanne Park Linda Russell Nicholas & Rosemarie Perique James & Jane Gierlich Executive Trading Company Edward & Joy Jardim Ozzie & Gloria Cadena Amount Purpose $100.00 To be used for the Jazz Memorial. (Deposited directly in the Jazz Memorial Account.) $25.00 To be used for the Jazz Memorial. (Deposited directly in the Jazz Memorial Account.) $50.00 'To be used for the Jazz. Memorial. (Deposited directly in the Jazz Memorial Account:) $25.00 ' Tobe used for the Jazz Memorial. (Deposited directly in the Jazz Memorial Account.) $50.00 To be used for the Jazz Memorial.' (Deposited directly in the Jazz Memorial' Account.) $10.00 To be used for the Jazz Memorial. (Deposited directly in the Jazz Memorial Account.) $120.00 To be used, for the Jazz Memorial. (Deposited directly in the Jazz Memorial Account.) $500.00 To used for the Veteran's Memorial Maintenance. (Deposited directly in the Veteran's Memorial Account.) Women's Club of Hermosa Beach 2e Donor Amount Purpose • Women's Club of Hermosa Beach $300.00 To be used for the Sand Snowman Contest and Treelighting Ceremony. . Respectfully submitted: Valerie Mohler Accounting Supervisor Concur: Viki Copeland Finance Director 440 A►. a � 1) Ste • en Burrell City Manager December 6, 2005 • . Honorable Mayor and Members of The Hermosa Beach City Council Regular meeting of December 13, 2005 AWARD BID FOR FIRE STATION LOBBY MODIFICATION PROJECT RECOMMENDATION Staff recommends that council: 1. Authorize the award to modify the fire station lobby per fire department specifications to MJ Seitz Construction in the amount of $12,738.63. BACKGROUND The purpose of the modification is to improve personnel safety, security and enlarge the front desk customer service area. Project modification improvements include, new front reception desk with security pass through, tile the front entry with floor tile, paint, replacement of non safety plate glass in the front office with tempered safety glass which will include necessary wall modification. During the past year the fire department has unsuccessfully gone out to sealed bid on three separate occasions for this project, With the last attempt resulting in no bidders. Because, this improvement •project is viewed as a safety priority, fire department staff has continued to solicit bids randomly from qualified contractors. This search has resulted in the fire department request to council to award the project to the only bidder MJ Seitz Construction, 810 Main St. #1, El Segundo, California, for $12,738.63. FISCAL IMPACT The funds required for the fire station lobby modification have been re -appropriated in account #180-8610-4201 for the fiscal year 2005/2006- "Renovate front lobby desk for improved customer service", $5,000.00.. The balance of the project, $7,738.63, will betaken from re -appropriated funds in account #180.8610-4201 "Repair leaking station roof', $10,000, as that project has been re-evaluated and anticipated to be less extensive. The total cost of the lobby project is $12,738.63. ' Respectfully. subnriitted, Russell Tingley FireChief Concur: Noted for Fiscal Impact: Viki Copeland Finance Director November 07, 2005 City of Hermosa Beach Fire Department 540 Pier Avenue Hermosa Beach, CA 90254-3885 310 376 2479 Attn: Assistant Fire Chief Gomez MJ Seitz Construction Michael Seitz 810 Main Street #1 El Segundo, CA: 90245 310 403 1895 License #801839 B. Bid\Proposal Work to be completed. Demo; Remove door to garage from lobby and save jam, hardware and door. Remove carpet approximately 6'3"X11'6" and` discard. Remove three windows adjacent to Sylvia's' work areaand discard. Removemini blinds an discard. Remove existing cabinet in lobby and discard. Install 12"X12" Non Slip tile.on floor in lobby approximately 6'3" X11'6". • . Design and build storage cabinet for lobby. Note a minimum space between new cabinet and wall will be 36" clearance. Cabinet will be painted to match, the decor of the office. Height will be 36" finish and top will be Formica. Also top will fold down and over to close off space between cabinet and wall. Prior to building cabinet Contractor will show spec sheet for approval. If changes are made from Contractors drawing a Change Order may be required. • Close off bottom portion of doorway to garage from lobby. Waterproof bottom plate with silicone caulk. • Check outlets and switches in lobby for safe condition and replace as needed. • Stucco bottom portion of brickwork on garage side under window frames to hide new portion of wall. • Install three new white vinyl dual glazed tempered Milgard windows. 1-119 %"X47", 1-33 %"X47" and 1-57 %"X47". • . Paint: Lobby walls to be painted to match existing color as close as possible. Stucco under new windows will be painted in Semi Gloss white matching garage white paint as close as possible. Framework around new windows will be painted in Semi Gloss paint: All paints will be water based. Primer and one finish coat will be utilized for durable finish: Page 1 Price breakdown The total price including labor and materials to complete the items listed on page 1 is $12,738.63 (Twelve thousand seven hundred thirty eight dollars and sixty three cents). The items listed on page 1 will be done in a professional manner and d be completed in: approximately three weeks depending on material availability. The City of Hermosa Beach Fire Department holds harmless MJ Seitz Constructionin regards to electrical issues, plumbing issues and mold issues past present or future. The. City of Hermosa Beach Fire Department will be responsible for any and all permits. A payment schedule will be as follows: At signing of this Proposal a down payment of $1,000.00 will be due. After demo is complete a payment of $2,750.00 will be due. When windows are installed a payment of $3,500.00 will be due. When tile is installed a payment of $3,500.00 will be due. When paint is complete a payment of $750.00 will be due When job is completed a final payment of $1,238.63 will be due. To ratify this Bid\Proposal please sign and date below. Sign Date Sign Date Thank you, Michael Seitz Honorable Mayor and Members of The Hermosa Beach, City Council December 7, 2005 Regular Meeting of December 13, 2005 PROJECT CIP 05-633 RE -ROOFING OF CITY BUILDINGS - CITY YARD MAINTENANCE BUILDING AND COMMUNITY CENTER COMPLEX Recommendation: It is recommended that the City Council: 1. Authorize the award of the re -roofing contract for Project No. CIP 05-633 Re= Roofing of City Buildings City Yard Maintenance Building and Community Center Complex in the total amount of $166,027 to Best Contracting Services Inc. of the City of Gardena; 2..Authorize the transfer of $86,027 from CIP 05-120 to CIP 05-633; 3. Authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney; and 4. Authorize the Director of Public Works to make minor changes as necessary within the contingency amount of $10,000.= Summary: The metalroof of the Maintenance Building at the City. Yard and the roof at the Community Center Complex are quite old and have been in disrepair for many years. Both buildings are leaking heavily during rain events.Staff believes it is important to start the re -roofing of these buildings as quickly as possible, ahead of the next storm. Staff has prepared plans, specifications and advertising for bid in accordance with public contract requirements. The City Clerk received one bid by the closing date of December 1, 2005: The bid was opened publicly and read aloud. The bid result was as follows: COMPANY LOCATION BID AMOUNT Best Contracting Services Inc. City Yard Maintenance Building $54,577 Best. Contracting Services Inc. Community Center Complex $185,798 The bid for. the Community Center Complex was based upon a unit price of $7.43 per square foot. Best Contracting made an error in multiplying this unit price times an erroneous square. footage. The specifications called for 15,000 square. feet. At this same unit price, this bid 2g amount is corrected to be $111,450. Best Contracting has agreed to the correction of this mathematical error.. Staff has contacted references and found the company to be reputable and also considers the unit price reasonable. Therefore, because of the immediate need to complete this roofing work, staff recommends the award of this contract at the corrected total amount of,$166,027. Fiscal Impact: The transfer of $86,027 from CIP 05-120 to the approved budget of $90,000 for CIP 05-633. for FY 2005-06 will cover the contract and contingency amounts. This leaves a remainin6. budget amount of $1,299,880 for CIP 05-120 (Street Improvements at Various Locations). Staff is reviewing preliminary plans and believes this amount will be sufficient for the scope of work. Respectfully submitted, Homayouli Behboodi I. - Associate Engineer Noted For Fiscal Impact: Viki. Copeland ... Finance Director Concur: Richa •%'D.. Morgan Director of Public Works/City Engineer St City Manager urrell F:1B951PWFILES\CCITEMS105-633 Re -roof city buildings 12-13-04.doc December 7, 2005 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 13, 2005 ///v/(25 i3/ -as TAXI CAB RATE INCREASE FROM $2.00 TO $2.20 AS THE BASE RATE Recommendation: That. the City Council adopt the 'attached resolution approving the base rate increase to • $2.20 effective December 13, 2005: Background:. The City has franchises with four taxi cab companies. The franchise agreements set a fare rate that was the standard rate used in Los Angeles County when they were approved in 2003. The Los Angeles Department of Transportation has approved a fare increase which will increase the base rate flag -drop to $2.20 from the present $2.00. This would be the first rate increase since the franchise was approved in 2002. These rates have been approved in. Manhattan Beach (we share the came companies), Redondo Beach, West Hollywood, City of Los Angeles, and it is pending in other cities now. A resolution is attached that would put these rates into effect. Respectfully submitted, SenR.B ell City Manager 2h • 2 10 12 13 14 15 16 17 18 19 '20 21 22 23 24 25 26 • 27 28 RESOLUTION NO. 05- A , RESOLUTION OF THE CITY COUNCIL OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING AN INCREASE IN TAXIMETER RATES. The City Council of the City of Hermosa Beach does hereby resolve as follows: . 1. Taximeter as forth in Franchise Agreements may be adjusted from time to time by the City Council. 2. Rates shall be as follow: Flag=drop: '-$2.20 for 1/11 mile or 30. seconds or fraction thereof. Distance: $0.20 for each additional 1/11 mile or part equivalent to ($2.20 per mile) Time Delay: $0.20 for each 36 seconds waiting time and/or traffic delay time ($20.00) PASSED, APPROVED, and ADOPTED this 13`" day of December, 2005. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST:'. APPROVED AS TO FORM: CITY CLERK = CITY ATTORNEY Hermosa Beach Police Department Community Services Division Memorandum Date: November 30, 2005 TO: Steve Burrell, City Manager FROM: Ennis Jackson, Administrative Review Investigator SUBJECT: Taxi Rate Increase Recently All Yellow Taxi wrote informing me, of their intent to raise their taxi rate of $2.00 to $2.20, for the base fare and mileage fee thereafter. This increase is based upon the City of Los Angeles allowing for an increase to all their franchised companies as of November 14, 2005. However, the language in our current franchise agreement with our cab companies requires an approval from city council to increases this rate. The current rate has been in effect for some time now, and with inflation and higher fuel cost, an increase would not be unreasonable. Per your request, I have surveyed some of, the surrounding cities that also have franchised taxi services, and, I was able to obtain information from the following cities regarding their fees: West Hollywood: As of. December 14,2005, the city enacted a fee hike from its long- standing base fee of $1.90 to $2.20. Beverly Hills is soon to follow, pending city council approval at the same. rate as West Hollywood. Manhattan Beach and Redondo Beach have already increased the base fee to .$2.20 following the lead of the City of Los Angeles.' Manhattan and Redondo enacted the fee change without city council approval, but did so by verification of the City of Los Angeles increase. CC: Michael Lavin, Police Chief Lance Jaakola, Police Lieutenant CITY COUNCIL BUSINESS APPROVED OCTOBER '11*, 20D5 SUBJECT: PROPOSED RESOLUTION ADOPTING A TAXI RATE INCREASE PURSUANT TO ORDNANCE 04.675, € ITI CEO 'd';Dequrtrnent of TrariOortatien end 1i bt (Toya Ann Boot, Taxi end Transit Joyce Roomy, Tri to irw a g -A.: .`" Pow Engr = _.x;45! .... .,. rt:, The Cec aril 'consider the al of ao1 i si the rate raw'ile for taxicab i to be impternented uelthin:3D days of LADOT taxicab meter rate instatoticrs pursuant seam 5.106.040.i it d 04-875, 'rat schedule foi tax hi s rel be established by resolution of the City Council 'ham t to time.,. t Thot i.:.. City czendi dryxgrat from the 01403frativas reistive to the LAX fiat rate tae set terth on Page 4 of the rear 2, ?t The ('ii Council ad 1 resolution No, — A RESOLUTION THE CITY COUNCIL oF THE CET Y i' l* WEST HOLLYWOOD APPROVING AN !INCREASE i TAY TER RATES AND REPEAUNG RESOLUTION 00-2a25. ' riot_ n isiby 1S, 2003 the LADOT Bid of Tanitqlb COMM kners wproveta a taximeter rate Increase ofate 11.1%. This took 1' &op meter tale &DM $1.90 for the first 115(Tr ia►'rile to $1,93 far the first 1 iofia ;nib. Thin vras the first rake kmirease sire nee and included a cornparison with other jt ' ho rs; examined cost and rilation fadors Motive to the Consurret PAC& index and was provided tadvab indurary mottos f* a Taxi Cost T b$sh�i Monitor alivi ch the &met ice imlex as refaied to MO lawicab zirdostly,. Cmia and :Iactols such.as fuel, vehicle repair, Inaimlenance and dettuattitioq. irtsraranCe and adeaf Were otitrisidored :as part of the TC), After careTnI anaVsis, the West 1-ivltywood C C.w concluded that an increaie t nwitelled tot of the City of Los Angeles would *al atm the Taxi Coupon ab l°i r ra and >tr *oriented the t ,= ` taxi f Westin t Hdt a od. The proposed increase WO aU conformity with meter rates throughout the WetitsWe ekes minin ivng confusion to many dills pesidents. AGENDA ITEM November 21, 2005 yellow Taxi City of Hermosa Beach, City Hall 540 Pier Ave Hermosa Beach CA 90254 'Attn.: Mr. Ennis.Jackson Business License Re.: New Taxicab Meter Rates NOTIFICATION LETTER. Dear Mr. Jackson, RECEIVED NOV 2 3 2005 Per0..00...0..00 Please allow this letter to notify your office that in accordance with City of Los Angeles new ordinance allowing a meter rate increase, All Yellow Taxi, Inc., taximeter rates will change. A copy of the new taxicab meter rates is attached. Please update your records with the information herein. Shall you have any questions please do not hesitate to contact us at (310) 715-7516. Respectfully, Oswald() Guidos, All Yellow Taxi, Inc. 267 WEST 138TH. STREET, LOS ANGELES CA 90061 • OFFICE (31 O) 7155-7550 FAX (310)'715.7575 TAXICAB RATES All Passengers ride for the price of one. Driver carries on $5.00 in change. Credit cards welcomed -$14 Min. charge Please notify driver at start of trip if you plan on using a credit card. $2.20 flag drop (first 1/11 mile or 30 seconds or fraction thereof) $0.20 for each additional 1/11 or part. $0.20 for each 30 seconds of waiting time and/or traffic delay ($24:00/hour wait) $24.00 Hourly waiting time. Questions and/or comments please contact l// - Ilow cu_ 267 W. 138th Street Los Angeles, CA 90061 (310) 715-7550 or (310) 715-7516 Administration • ELL CAB BELL CAB CO., INC. 13030 CERISE AVE HAWTHORNE CA 90250 PHONE 310.676-1500 FAX 310 6764637 Via` 0 3—e° ,e �.a ► FAX COVER SHEET SEND TO Company name. From Attention Office location Fax number VIVLI s C.< Oate Urgent ID Reply ASAP Total pages, including cover. Office location Phone number Please comment •I rk. I! j 1�5 Er/ lease.review o For your information COMMENTS Cie vi 4- - • ..� .LcuticL-- _9 13030 Cerise Ave., Hawthorne, A 90250, Tel 310-676-1500, Fax: 310.676.1637. ,11 • p . 1 II�U u ;u, 1.1.: uua NOV-0I-205 04:53 PM COMPUGRRPHICA faX Rates SOUTH BAY All -Passengers Ride for Pce of One 310 441 9871 $2.20 Flag Drop (1/11 mile or 30 seconds or fraction thereof), $0.20 $0.20 For each additional 1/11 mile or part thereof. Each 30 seconds of waiting time and/or traffic delay ($24.00 / hour wait). FORCOMMENTS / COMPLAINTS PLEASE WRITE OR CALL BELL CAB (800) 830-0551 CITY`OF REDONDO BEACH (310) 318.0603 CITY OF HERMOSA BEACH (310) 318.0249 CITY OF MANHATTAN BEACH (310) 6544723 No Out -of -City Surcharges p.2. P.01 r; • Honorable Mayor and Members of The Hermosa Beach City Council December 7, 2005 Regular Meeting of December 10, 2005 PROJECT NO. CIP 99-409 SEWER MANHOLE CONSTRUCTION AND REPAIRS — VARIOUS LOCATIONS, PROJECT NO. CIP 00-412 TARGET AREA 2 SEWER IMPROVEMENTS SEWER LINING, ACCEPTANCE Recommendation: It is recommended that the City Council: 3. Accept the work by Williams Pipeline Contractors, Inc. For Project No. CIP 00- 409 Sewer Manhole Construction and Repairs - Various Locations and Project No. CIP 00-412 Target Area 2 Sewer Improvements; Authorize the Mayor to sign the Notice of Completion; and Authorize Staff to release payment to Williams Pipeline Contractors, Inc. (10% retained for 35 days following filing of Notice of Completion). Background: On March 22, 2005, City Council approved the award of the constructioncontract for Project CIP 00-409 Sewer Manhole Construction and Repairs — Various Locations and Project No. CIP 00-412 Target Area 2 Sewer Improvements to Williams Pipeline Contracting, Inc. Project No. CIP 99-409 Manhole Construction and Repairs - Various Locations consists of removal and replacement of many deteriorated manholes, citywide, adjustment to grade of several manholes on Pacific Coast Highway, and installation of new manholes. This project also addresses two specific sewer spot repairs where the pipe had ruptured. Project No. 00-412 Target Area 2 Sewer Improvements`- Sewer Lining consists mainly of sewer pipe lining ,and two manhole rehabilitations. Due to limited funds, the main goal. for this project is to line as many feet of sewer as possible to prevent future sewer and street collapse. As part of this project, the sewer line in 20th Street from Valley Drive to Power Street will be lined prior to the street construction required under Project No. CIP 04-115 Street Improvements - 20th Street from Valley " Drive to Power Street. Other pipeline segments in Target Area 2 requiring full reconstruction will be addressed in a future capital improvement project. • 21 Analysis: The project was constructed according to the plans, specifications and change orders prepared by Staff. Therefore, Staff recommends acceptance of the work as complete. The project was completed on schedule. • Start date: Contract time: Time Suspended: Date of completion: May 16, 2005 50 working days 0 days July 26,2005 The remaining punch list items have all been completed. Fiscal Impact: The project was completed under budget and the remaining unexpended project balance is approximately $36,000. Respectfully submitted, • Frank J. Senteno, P.E. Associate Engineer Noted for Fiscal Impact: Viki Copeland Finance Director Concur: Richard D. Morgan, P.E. Director of Public Works/City Engineer Concur Step City Manager F:1B951PWFILES\CCITEMS199-409,00-412 acceptance 12-10-05.doc 2 a -..rte, ; .emoww.x.... ,,ex. .. .s .n . r.;er...armzorwz.. earuor . -.Rff, W>./.4..KIRMA ,INK A MU IMIr RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of Hermosa Beach Office of the City Clerk 1315 Valley Drive Hermosa Beach, CA 90254 1 1 f f SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion (See reverse side for Complete requirements.) Notice is hereby given that 1. The undersigned is owner or corporate officer of the owner of the interest or, estate stated below in the property hereinafter described: 2. The full name of the owner is City of Hermosa Beach 3. The full address of the owner is 1315 Valley Dr. Hermosa Beach, CA 90254 4. The nature of the interest or estate of the owner is; In fee.- N/A ee.N/A (If other than fee, strike 'In fee and insert, for example 'purchaser under contract of purchase,' or` lessee')" 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES City of Hermosa Beach A Municipal Corporation 1315 Valley Dr, Hermosa Beach, CA 90254 6. A work of improvementon the property hereinafter described, was completed on July 26, 2005. The work done was: Removal and Replacement of deteriorated sewer manholes, sewer pipe lining, and sewer manhole rehabilitation. 7. The name of the contractor, if any, for such work of improvement was Williams Pipeline Contractors, Inc. P.O. Box 1120, Somis CA 93066 March, 22, 2005 (If no contractor for work of improvement as a whole, insert ;none.) (Date of Contract) 8. The property on which said work of improvement was completed is in the city of Hermosa Beach County of Los Angeles, State of Califomia, and is described as follows: Various citywide locations (manholes), 20th Street from Valley Drive to, Power Street (sewer pipe lining and sewer manhole rehabilitation) 9. The street address of said property is None Dated: 12-10-2005 Verification for Individual Owner ( If no street address has been officially assigned, insert 'none.) Signature of owner or corporate office of owner named in paragraph 2 or his agent VERIFICATION• I, the undersigned, say: I am the Mayor the declarant of the foregoing (President or, 'Manager of', 'A Partner or, 'Ovines or, etc.) notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my ownknowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 10,2005 • at Hermosa Beach, Califomia (Date of signature.) (City where signed.) (Personal signature of the individual who is swearing that the contents of the notice of completion are true) jl Honorable Mayor and,Members el of the Hermosa Beach City Council • December 6, 2005 Regular Meeting of December 13, 2005 SUBJECT: CONTRACT AMENDMENT FOR ON-GOING STAFF SERVICES FOR INTERIM SENIOR INSPECTOR POSITION Recommendation: That the City Council approve an amendment to the contract for Mel Green & Associates (MGA) and Willdan Associates for on-going services. Background: The prior Senior Building Inspector resigned to seek other employment in May of this year: The City initiated a recruitment to fill the vacant position but that recruitment did not result in successfully filling the position. Changes were made in the responsibilities and function of the position in an effort to attract a wider range of qualified candidates. The revised classification specification was approved by the Civil Service Board on October 26, 2005 and by the City Council on November 8, 2005. It is expected that the current recruitment will be completed in March and result in successfully filing this vacant position. Analysis: The functions of the Senior Building Inspector position have been filled on a temporary part-time basis by Willdan Associates and Mel Green & Associates. Willdan has been providing plans examining service in the mornings and MGA has been handling_ public counter inquires in the afternoon from 4:00 pm. to 6:00 p.m. and plan checks after 6:00 p.m. as needed. Therefore it is necessary to continue to fill the position on a temporary part-time basis with these firms in order to provide these services for the community. Both companies are expected to be able to continue assisting the City on a part-time basis until the recruitment is complete. However, it is necessary to amend their contracts now to allow them to continue to provide these services, since work has exceeded a maximum $20,000 limit. - The termsof each contract are one year with'provision for termination upon ten day written notice. Sol Blumenfi Comtnuni Id, Director evelopment ichael Earl, Director ersonnel Concur: Stephe tW . urrell, City Manager 0. Attachments: 1. MGA Amended Contract 2. Willdan Amended Contract. Noted for Fiscal Impact: Viki Copeland, Director Finance Department MGA & Willdan Contract • • AGREEMENT TO PROVIDE BUILDING CONSULTING SERVICES TO THE CITY OF HERMOSA BEACH This agreement, (the "Agreement") is made by and between the City of Hermosa Beach, a municipal corporation, located at Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885, hereinafter referred to as "CITY", and Melvyn Green and Associates, a California corporation, located at 21311 Hawthorne Blvd., Suite 220; Torrance, Ca 90503 hereinafter referred to as "Consultant" or "MGA": WHEREAS, MGA is a California corporation which provides building consulting services to government agencies for the purpose of discharging the responsibilities of government agencies; and WHEREAS, MGA is qualified to provide such services; and WHEREAS, economic reasons exist which make it in the best interests of CITY . to discharge certain of its responsibilities through the use of consulting services provided by MGA; NOW, THEREFORE, in consideration of the promises, covenants, and warranties hereinafter set forth; the parties hereto mutually agree as follows: • ARTICLE 1' IMPLEMENTATION ,1.1 Term of Agreement. This Agreement and the rights and obligations of CITY and MGA shall commence on December 15, 2005. This Agreement may be terminated with or without cause by either party with ten (10) days advance written notice specifying the effective date of termination. In the event of such termination, MGA shall be compensated for such services upto the point of termination. 1.2 Scope of Services. MGA shall provide CITY with general building consulting services consistent with the duties required to be performed by MGA including, but not limited to, the following: a. Conduct plan reViews and assist the CITY in review of plans prepared and submitted to the CITY for compliance with CITY's building laws. b. Provide advice as required to enforce the provisions of CITY's building laws and upon request of the CITY, on occasion, make such inspections as required to enforce the CITY's building laws (See Exhibit A). c. Provide final review plan check services for plan checks by the City's Plan Review Consultant. (See Exhibit B). Provide public information assistance at the public counter to respond to building code and plan submittal questions. • 1.3 Duties of MGA. MGA shall (1) pay all fees and other remuneration to the individuals whom it provides to perform the services pursuant to this Agreement; (2) prepare and file all applicable tax documents and reports; (3) pay all amounts due and owing pursuant to the applicable tax documents and reports. CITY shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person engaged by. MGA performing services hereunder for CITY. 1.4 Workers' Compensation. MGA'maintains Workers' Compensation and Employers Liability Insurance of a form and in an amount as required by state law covering the individuals providing services pursuant to this Agreement. 1.5 Other Insurance. MGA agrees to and shall at its own cost and expense procure and maintain during the term of this Agreement general liability insurance in an amount of not less than. $1 million per occurrence andannual aggregate. Such insurance shall be Procured from an insurer authorized to do business in California, and approved in writing by CITY. CITY and its officers and employees' shall be named as additional insured. In addition, MGA shall obtain professional liability insurance in the amount of $500,000 per occurrence and $1 million annual aggregate. MGA shall provide CITY with satisfactory evidence that premiums have been paid and shall deliver to CITY satisfactory evidence that such insurance has been renewed and that the required premium or premiums therefore have been paid. The policies shall provide that they are not subject to cancellation without thirty (30) days written notice to CITY. 1.6 Additional Requirement. Provide proof of valid California Driver's License with safe driving record. ARTICLE 2 COMPENSATION 2.1 Fee. CITYshall pay MGA for the building consultant services rendered pursuant to this Agreement in accordance with the rates and amounts set forth in Exhibit A. 2.2 Invoice. MGA shall submit to CITY a semi-monthly invoice for services rendered. If MGA's bill is properly prepared, CITY shall pay MGA all uncontested amounts set forth in MGAs bill not later than thirty (30) days from invoice date. 2.3 Payment Address. All payments due shall be paid to: Melvyn Green and Associates Inc. 21311 Hawthorne Blvd., Suite 220, Torrance Ca 90503 2 ARTICLE 3 SUPERVISION OF CONSULTANTS CITY shall supervise the daily activities of individuals provided by MGA to perform building consultant services. The individuals provided by MGA to perform such services shall discharge government responsibilities and perform in accordance with the ordinances, resolutions, rules, regulations, and procedures adopted by CITY.. MGA shall have no control' over such government responsibilities and such ordinances, resolutions, rules, regulations, and procedures: MGA, and the individuals it provides to perform building consultant services,, shall have the status of independent contractors to CITY and shall have no power to incur any debtor obligation for or on behalf of CITY. Neither CITY nor any of its officers or employees shall have any control over the conduct of MGA, or any of the individuals provided by MGA to perform building consultant services, except as herein set forth. MGA expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of CITY, it being distinctly understood that MGA isand shall at all times remain to CITY a wholly independent contractor and MGA's obligations to CITY are solely as such as are prescribed by this Agreement. ARTICLE 4 INDEMNIFICATION MGA shall indemnify, defend, and hold harmless CITY, its officers, employees and agents from and against all claims, causesof action, liabilities and damages for injuries to persons and property, including reasonable costs, of defense and attorney fees, arising from the negligent of wrongful acts, errors or omissions of MGA and its employees, subconsultants and agents in the•performance of professional services under this Agreement. MGA shall promptly pay the amount of any judgment rendered against the 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. CITY shall indemnify and hold harmless MGA, 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 negligent or wrongful acts, errors or omissions of CITY and its employees,officers,:and agents in the performance of its governmental responsibilities. CITY shall promptly pay the amount of any judgment rendered against MGA, its officers, employees and agents for any such indemnified claims, and reasonable costs and attorney fees incurred by MGA in the defense of such claims. • ARTICLE 5 GENERAL PROVISIONS 5.1 Representation. A CITY representative shall be designated, by the CITY and an MGA representative shall be designated by MGA as the primary contact person for each party regarding performance of this Agreement. The following are the designated representatives: Representative for MGA Melvyn Green Representative for the City of Hermosa Beach -- Sol Blumenfeld 5.2 Legal Action. Should either party to this Agreement bring legal action against the other, the case shall be handled within the County where CITY is located, and the, party prevailing in such action shall be entitled to reasonable attorneys' fee which shall be fixed by the judge hearing the case and such fee shall be included in the judgment. 5.3 Assignment. This Agreement shall not be assignable by either party without the prior written consent of the other party. 5.4 Titles.. The titles used in this Agreement are for general reference only and are not part of this Agreement. 5.5 Conflict of Interest: MGA shall provide no services requiring review by the Building Official on behalf of any private client within the corporate boundaries of CITY during the period that this agreement is in effect. 5.6 Extent of Agreement. This Agreement represents the entire and integrated Agreement between CITY and MGA and supersedes all prior negotiations representations or agreements, either written or oral. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties. • IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Melvyn Green Associates Inc. By: Date: Title: THE CITY OF HERMOSA BEACH By: Date: Title: Director, Community Development Department f:b95\cd\MelGreenAssocContract2 5 EXHIBIT A STAFF Consultant(s) included in this Agreement by and between CITY and MGA may include staff to provide public information on the City's building code, final review plan check services for plan checks by the City's Plan Review Consultant and plan submittal questions and peer review ofstructural engineering for various projects in the City. Upon receipt of peer review requests by the City for structural engineering, Consultant shall submit a written proposal containing the scope of work, price and performance schedule. Consultant shall commence such work upon City's written approval of Consultant's written proposal per the rate schedule on Exhibit B.. In the event such'services are required, the consultant's name shall be entered below and the contract, shall be initialed by CITY and MGA' Consultant Consultant Consultant • EXHIBIT B SCHEDULE OF RATES For timely and satisfactory completion of services required by this Agreement and described in Exhibit A, City shall compensate Consultant on hourly rates set forth below: Personnel Rate/Hour Melvyn Green, Sr. Structural Engineer $160.00 . Registered Engineer $110.00 Staff Engineer $ 75.00 F:/b95 /cd/MelGreenAs socContract AGREEMENT TO PROVIDE BUILDING CONSULTING SERVICES TO THE CITY OF HERMOSA BEACH This agreement, (the "Agreement") is made by and between the City of Hermosa Beach, a municipal corporation, located at Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885, hereinafter referred to as "CITY", and Willdan Inc., a California corporation, located at 2125 East Katella Avenue, Suite 200, Anaheim, California 92806, hereinafter referred to as "Consultant" or "WILLDAN": ,• WHEREAS, WILLDAN is a California corporation which provides building consulting services to government agencies for the purpose of discharging the responsibilities of government agencies; and WHEREAS, WILLDAN is qualified to provide such seiiiices; and WHEREAS, economic reasons exist which make it in the best interests of CITY to discharge certain of its responsibilities through the use of consulting services provided by WILLDAN; • NOW, THEREFORE, in consideration of the promises, covenants, and warranties hereinafter set forth, the parties hereto mutually agree as follows: ARTICLE 1 IMPLEMENTATION 1.1 Term of Agreement. This Agreement and the rights and obligations of CITY and WILLDAN shall commence on December 15, 2005. This Agreement may be terminated with or without cause by either party with ten (14) days advance written notice specifying the effective date of termination. In the event of such termination, WILLDAN shall be compensated for such services up to the point of termination. 1.2 Scope of Services. WILLDAN shall provide CITY with general building consulting services consistent with the duties required to be performed including, but not limited to, the following: a. Render opinion and assistance in the administration of the Building Code and Fire Code. c. Make such inspections as required to enforce the CITY's Building and Fire Codes (See Exhibit A). b. Conduct plan reviews and assist the CITY in review of plans prepared and submitted to the CITY for compliance with CITY's building laws. d. Provide advice as required to enforce the provisions of CITY's building laws and upon request of the CITY. e. Provide plan check services. 1.3 Duties of WILLDAN. WILLDAN shall (1) pay all fees and other remuneration to the individuals whom it provides to perform the services pursuant to this Agreement; (2) prepare and file all applicable tax documents and reports; (3) pay all amounts due and owing pursuant to the applicable tax documents and reports. CITY shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person engaged by WILLDAN performing services hereunder for CITY. " 1.4' Workers' Compensation. WILLDAN maintains Workers' Compensation and Employers Liability Insurance of a form and in an amount as required by state law covering the individuals providing services pursuant to this Agreement. 1.5 Other Insurance. WILLDAN agrees to and shall at its own cost and expense procure andmaintain during the term of this Agreement general liability insurance in an amount of not less than $1 million per occurrence and annual aggregate. " Such insurance shall be procured from an insurer authorized to do business in California, and approved in`writing by CITY. CITY' and its officers and employees', shall be named as additional insureds. In_addition, WILLDAN shall obtain professional liability insurance in the amount of $500,000 per, occurrence and $1 million annual aggregate. WILLDAN shall provide CITY. with satisfactory evidence that premiums have been, paid and shall deliver to CITY satisfactory evidence that such insurance has been renewed and that therequired premium or premiums therefore have been paid. The policies shall provide that they are not subject to cancellation without thirty (30) days written notice to CITY. 1.6 Additional Requirement. Provide proof of valid California Driver's License with safe driving record. ARTICLE 2 COMPENSATION 2.1 Fee. CITY shall pay WILLDAN for the building consultant services rendered pursuant to this Agreement in accordance with the rates and amounts set forth in Exhibit A. 2.2 Invoice. WILLDAN shall submit to CITY a semi-monthly invoice for services rendered. If WILLDAN'S bill is properly. prepared, CITY shall pay WILLDAN all uncontested amounts set forth in WILLDAN bill not later than thirty (30) days from invoice date. 2.3 Payment Address. All payments due shall be paid to:, WILLDAN, 2125 East Katella Avenue, Suite 200 Anaheim, California 92806 ARTICLE 3 SUPERVISION OF CONSULTANTS CITY shall supervise the daily activities of individuals provided by WILLDAN to perform building consultant services. The individuals provided"'by WILLDAN to perform such services shall discharge government responsibilities and . perform in accordance with the, ordinances,` resolutions, rules, regulations, and procedures adopted by CITY. WILLDAN shall have no control over such government responsibilities and such ordinances, resolutions, rules, 'regulations, and procedure's. WILLDAN, and the individuals it provides to' perform building consultant services, shall have the status of independent contractors to CITY and shall have no power to incur any debt or 2 • obligation for or on behalf of CITY. Neither CITY nor any of its officers or employees shall have any control over the conduct of WILLDAN, or any of the individuals provided by WILLDAN to perform building consultant services, except as herein set forth. WILLDAN expressly warrants not to, at any time or in any manner, represent that it, or; any of its agents, servants or employees are in any manner employees of CITY, it being distinctly, understood that WILLDAN is and shall at all times remain to CITY a wholly independent contractor and WILLDAN obligations to CITY are solely as such as are prescribed by this Agreement. ARTICLE 4 INDEMNIFICATION WILLDAN shall indemnify, defend, and hold harmless CITY, it's 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 negligent or wrongful acts, errors or omissions of WILLDAN and its ,employees, subconsultants and agents in, the performance of professional services under this Agreement. WILLDAN shall promptly pay the amount of any judgment rendered against the 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. CITY shall indemnify and hold harmless WILLDAN,` 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 negliggnt" or wrongful acts, errors or omissions of CITY and its employees, officers, and agents in the performance of its, governmental responsibilities. CITY shall promptly pay the amount of any judgment rendered against WILLDAN, its officers, employees and agents for any such indemnified claims, and reasonable costs and attorney fees incurred by WILLDAN in the defense ' of such claims. ARTICLE 5 GENERAL PROVISIONS 5.1 Representation. A CITY representative shall be - designated by the CITY and a WILLDAN representative shall be designated by WILLDAN.as.the primary contact personfor each party regarding performance of this Agreement. The following are the designated representatives: Representative for WILLDAN — James M. Guerra Representative for the City of Hermosa Beach -- Sol Blumenfeld 5.2 Legal Action. Should either party to this "Agreement bring legal "action against the other, the case shall be handled within the County where CITY is located, and the party prevailing in such action shall be entitled to reasonable attorneys' fee which shall be e fixed by the judge hearing. the case and such fee shall be included in the judgment. 5.3 Assignment. This Agreement shall not be assignable by either party without the prior. written consent of the other party. 5.4 Titles. , The titles used in this Agreement are for general reference only and are not part of this Agreement. • 55 Conflict of Interest. WILLDAN shall provide no services requiring review by the Building Official on behalf of any private client within the corporate boundaries of CITY during the period that this agreement is in,effect. 5.6 Extent of Agreement. This Agreement represents the entire and integrated Agreement between CITY and WILLDAN and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. WILLDAN INC. By: Date: Title: THE CITY OF HERMOSA BEACH By: " Date: aTitle ATTEST: City Clerk APPROVED AS TO FORM: City Attorney f\b95\cd\BIdgConsulting Contracts\Hayer Contract 7-1-04 to 6-30-07 4 EXHIBIT A STAFF Consultant plan reviews, site inspections, and preparation of reports on findings related to review of building conditions or Building Codes" included in this Agreement by and between CITY and WILLDAN may include building inspection services at an hourly billing rate to CITY of $100 per hour.. In the event such services are required, the consultant's .name shall be entered below and the contract shall be initialed by CITY and WILLDAN.. Consultant: Jim Guerra, Senior Building Inspector ACTION SHEET AGENDA V, PLANNING COMMISSION MEETING CITY OF HERMOSABEACH CITY HALL COUNCIL CHAMBERS 1315 VALLEY DRIVE HERMOSA BEACH, CA 90254 December 7, 2005 • 7:00 P.M.:•.. Ron Pizer Peter Hoffman Kent Allen Sam Perrotti. Langley Kersenboom Pledge pf Allegiance Roll Call ALL PRESENT. Chairman Oral / Written Communications Anyone wishing to address the Commission regarding a matter not related to a public hearing on the agenda may do so at this time._ Section I Consent Calendar Any Planning Commissioner or public wishing to pull an item from below may request to'do so at this time: Approval of November 15, 2005 minutes ACTION: APPROVED (5=0): Resolution(s) for`adoption a. Resolution P.C. 05-66,validating the legality of two additional units, for a total of eleven dwelling units on the property, with eight in the front building and three in the rear building, at 66 11th Street. b Resolution P.C. 05-67 validating the legality of one additional unit, for a total of five units on the property, with two in the front building at 668 and 670 4th Street and three in the rear buildings, 672, 674, and 674A 4th Street. ACTION: APPROVED (5-0). 2k Section II Public Hearing(s) 6. VAR 05-5 -- Variances to lot coverage and open space requirements, and maximum allowable valuation increase for a nonconforming structure in order to allow an addition and remodel of an existing single-family dwelling, resulting in 70.9% lot coverage rather than the maximum 65%, a 214% valuation increase rather than the maximum 100%, and providing no open space directly adjacent and accessible to a primary living area at 311 31st Street. Staff Recommended Action: To approve said request. ACTION: APPROVED (5-0). • 7. CUP 05-13 -- Conditional Use Permit to allow an auto repair and parts installation business at 843 Pacific Coast Highway, Exclusive Automotive. Staff Recommended Action: To continue to January 17, 2006 meeting. ACTION: TO CONTINUE TO JANUARY 17, 2006 MEETING (5-0)- 8. TEXT 05-2 -- Text Amendment regarding outdoor display of retail merchandise on Pier Plaza (continued from November 15. 2005 meeting). Staff Recommended Action: To recommend approval of said Text Amendment ACTION: RECOMMEND APPROVAL OF SAID TEXT AMENDMENT (5-0). Section III Hearing(s) 9. L-10 -- Lot merger determination whether the property comprised of three lots shall be merged into one parcel at 838 Prospect Avenue. Staff Recommended Action: To not merge the lots. ACTION: LOTS NOT MERGED (4-0; COMMISSIONER KERSENBOOM RECUSED BECAUSE HE LIVES WITHIN 300 FEET OF PROJECT). 10. NR 05-14 -- Nonconforming remodel and addition to allow a greater than 50% increase in valuation to an existing nonconforming single family dwelling at 126 34th Street (continued from October 18 and November 15, 2005 meetings). Staff Recommended Action: To continue to January 17, 2006 meeting. ACTION: TO CONTINUE TO JANUARY 17, 2006 MEETING (5-0). 11. A-14 -- Appeal of Director's decision regarding the grade used, for the height measurement on a convex sloping lot at 3311 Palm Drive. Staff Recommended Action: To direct staff as deemed appropriate. ACTION: APPROVED CONVEX SLOPE LOT (5-0). Section IV 12. Staff Items a. Memorandum regarding rotation of Planning Commission chairmanship. 2 • • r,. b. Tentative future Planning Commission agenda. c. Community Development Department Activity Report of October, 2005. d. City Council minutes of November 8, 2005. ACTION: RECEIVED AND FILED 12A -D (5-0). 13. Commissioner Items 14. Adjournment December 6, 2005 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 13, 2005 APPROVAL OF FIRST AMENDMENT TO AGREEMENT FOR SOLID WASTE AND RECYCL- ARLES COLLECTION, PROCESSING AND DISPOSAL SERVICE BETWEEN THE CITY OF HERMOSA BEACH AND CONSOLIDATED DISPOSAL SERVICE Recommendation: That the City Council approve the contract amendment and authorize the City Manager to sign on behalf of the -City. Background: The City Council, at it meeting of April 12, 2005, approved the program changes that have resulted in the start of the Commercial Account Recycling Programs and the Waste to Energy Program. These programs have been implemented consistent with our approved plan to meet the mandatory AB939 50% diversion requirement. These programs resulted in a cost increase of 11.8%. The attached First Amendment has been prepared by the City Attorney to be consistent with your action on April: 12, 2005. Copies of the April 12, 2005 report and minutes are attached. Respectfully submitted, Steph' R. erre 1 City Manager 21 • ,FIRST AMENDMENT TO_AGREEMENT FORSOLID WASTE AND RECYCLABLES COLLECTION, PROCESSING AND DISPOSAL SERVI BETWEEN THE CITY OF HERMOSA BEACH AND CONSOLIDATED DISPOSAL SERVICE 'THIS FIRST AMENDMENT TO AGREEMENT ("Amendment") is made and entered into this _ day of , 2005, by and between - the ' City of Hermosa Beach; a-- municipal corporation _("city") and Consolidated Disposal Service, a•.,,'California ; corporation ("Contractor"). RECITAL A. City and .Contractor -are-parties to an Agreement for Solid Waste and Recyclables Collection, Processing and Disposal Services dated September 11, 2001 ("Agreement"). B. The Agreement provides that Contractor will establish recycling programs for commercial businesses in the City. C. Contractor has proposed a,. commercial recycling program and an adjustment of collection rates for that program, and the Parties have agreed upon the terms and rates to be charged for commercial recycling services and mutually desire to memorialize those terms herein. NOW, THEREFORE, , in consideration of the , foregoing, ,t parties agree as follows: 1. Paragraph 3.9.2,of the Agreement is amended: in its entirety to read as follows: 3.9.•2` Collector shall institute a commercial recycling toter program commencing June 1, 2005 for the collection of source separated papers,' cans, bottles and flattened cardboard. 'Collector shall -make".this 'program. available_ to all Commercial/Industrial Premisesin the City. Not later than June 1, 2005, Collector shall institute a 5% commercial trash to transformation program pursuant to which Collector shall transport commercial trash to the Long Beach Waste to Energy Facility. ("SERRF"). In coordination and cooperation with City efforts, Collector shall use its best efforts to promote the use of Recycling services to .Commercial/Industrial Premises. 2. Exhibit B of the Agreement is replaced in its' entirety by a new Exhibit B 'attached hereto and incorporated herein by reference. Except as modified above, the Agreement and -each' and every term and provision thereof remains in full force and effect. CITY OF HERMOSA BEACH By: City Manager ATTEST: By: City Clerk CONSOLIDATED SERVICE By: General°Manager (SEAL) DISPOSAL Honorable Mayor and Members of the Hermosa Beach City Council April 6, 2005 Regular Meeting of April 12, 2005 SUBJECT: FY 04-05 CONTRACT AMENDMENT FOR CONSOLIDATED DISPOSAL SERVICE S Recommendation: That the City Council approve a contract amendment for FY 04-05 for Consolidated Disposal Services (CDS). Background: For several years, the City hasbeen working with Eugene Tseng & Associates (ETA) on measures to achieve compliance with the mandatory 50% waste diversion rate. under AB939. Despite implementing many programs, the City's diversion rate had fallen from its previous high of 47% to 32% and the City was issued a compliance order by the California Integrated Waste Management Board in November 2004. On October 12, 2004 the City Council reviewed and approved several implementation programs to help the City achieve its diversion goals. Sincethat time, ETA and; CDS have been assisting the City in the preparation of a work plan, meeting with Board staff and assisting with the implementation programs as reported to City Council on March 8, 2005. The work plan was approved by the Board in January 2005. Analysis: Consolidated Disposal Service has been working with the City on new commercial recycling programs previously approved by City Council. These programs include a new commercial recycling toter program anda trash to transformation facility program.' CDS indicates that implementing the commercial recycling toter program will divert an estimated 900 tons of waste and increase commercial collection rates by 6.7%. This includes the cost of the 64 gallon toters distributed to commercial users and additional hauling of recycled materials. Implementation of a new commercial trash to transformation program will result in an additional average rate increase of 5.1% which equates to $30.00 per ton. Therefore the total rate increase for commercial accounts is '11.8%. The programs were outlined to the City Council in October and are described in the, attached CDS correspondence. The proposed contract amendment involves a revision to Exhibit B, incorporating the additional commercial recycling programs approved by the State as part of the compliance order. Fiscal Impact: If the Consolidated Waste Management contract amendment is approved it will result in a total 11:8% rate increase for disposal services for commercial accounts. Sol 'Blumenfeld, Director Community Development Noted for Fiscal Impact: Viki Copeland, Director Finance Department • Concur; Stephen R. Burrell, City Manager Attachments: 1. CDS Amended Contract Exhibit B 2. CDS Correspondence. Notes 1. Automated Recycle Toters for Commercial Businesses The Automated Recycle Toters for Commercial Business program provides on average two 64 -gallon recycle toters. for each commercial account. Businesses will source separate paper, cans, bottles, and flattened cardboard and place these materials into the toters for collection by the hauler. An estimated 900 tons willbe diverted each year. The estimated cost increase to the commercial customers' rate is approximately 6.7%. The additional diversion tonnage costs are approximately $76 per ton diverted. Commercial Trash to Transformation Facility Under the Commercial Trash to Transformation Facility" program, approximately 1,719 tons per year of commercial trash will be sent to the Long Beach Waste -to -Energy Facility (SERRF) for incineration. -This will result in all 100% of the 1,719 tons being credited as diversion to the City of Hermosa Beach., and represents approximately another 5% additional increase in the City's overall' diversion rate. The estimated cost increase to the commercial customers' rate is approximately 5.1%. ; The additional diversion tonnage from this program costs are approximately $30 per ton diverted. P:/ConsolidatedContractRept is Works Director Morgan responded to Council questions regarding the histof granting this exemption in specific cases. Action: approve the staff recommendation to adopt Resolution No. 05- 6388, entitle • ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF HERMOSA BE CALIFORNIA, EXEMPTING AVA AVENUE, BETWEEN 21ST STREET AN • TS SOUTHERLY TERMINUS, FROM THE SIDEWALK REQUIREMENT OF • c SECTION (b) OF SECTION 12.08.010 GENERAL REQUIREMENT OF CH ' TER 12.08 _ STREET, SIDEWALK, CURB AND GUTTER CONSTRUCTION • F THE HERMOSA BEACH MUNICIPAL CODE." Motion Tucker, second Yoon.: Th- otion carried, noting the absence of Edgerton. (n) RECOMMENDATION TO ADOPT RESOLU s N APPROVING FINAL MAP Na 060478 FORA TWO -UNIT. CONDOMINIU - ROJECT AT 62 EIGHTH STREET. Memorandum from Community De. -lopment Director Sol Blumenfeld -dated April 5, 2005. Action: To approve the staff recommendation to adopt Re tion No. 05- 6387, entitled " A RESOLUTION OF THE CITY COUNCIL OF CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL 0 FINAL PARCEL .MAP NO. 060478 FOR A TWO UNIT CONDOMINIUM PR. CT LOCATED AT 62 EIGHTH°STREET, HERMOSA BEACH, CALIFORNI (Edgerton absent) (0) 4. RECOMMENDATION TO APPROVE FY 04-05 CONTRACT AMENDMENT FOR CONSOLIDATED DISPOSAL SERVICES. Memorandum from Community Development Director Sol Blumenfeld dated April 6, 2005. Supplemental information from the, Community Development Department was received on April 12, 2005. This item was removed from the consent calendar by Mayor Pro Tempore Tuckerfor separate discussion later in the meeting. Community Development Director Blumenfeld and City Manager Burrell responded to Council questions regarding commercial recycling. Action: To approve the FY 04-05 contract amendment for Consolidated Disposal Services, as 'recommended by staff: Motion Tucker, second Yoon. The motion carried,noting the absence of Edgerton. CONSENT ORDINANCES - None ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION City Council Minutes 04-12-05 Page 11630 EXHIBIT B SCHEDULE OF, APPROVED RATES May ,1, 2005 RESIDENTIAL PREMISES RATES STEP 1- Effective 5/1/05 Manual collection of customer provided cans for Solid Waste (no limit); manual collection of Recyclable Materials from'resident's existing 18 -gallon buckets. RESIDENTIAL PREMISES RATES Solid Waste. Service Rate per Household per. Month Unlimited Manual collection $ 10.07 (WITH AB —10.32) Residential premises service includes once weekly curbside recyclables collection in an 18 -gallon bucket. Solid Waste Service Rate per Household per Month 35 -gallon cart, 1X weekly ` $ 8.78* 65 -gallon cart, 1X weekly $ 9.78* 95 -gallon cart, 1X weekly $ 10.78* Additional solid waste cart 60% ° times the single cart rate Additional green waste cart Additional $1.25 per month per hh. Additional recycling cart No charge. Optional waste service p green.65 $2 per month per hh. Residential premises cart service includes once weekly curbside recyclables collection in either a 32 -gallon or 64 -gallon cart (residents' choice) and optional (at"request of resident) once weekly green waste collection in either a 64 -gallon cart or 96 -gallon. cart (residents' choice):*The above rates include Solid Waste and Recyclables Materials Collection (and excludes Green Waste Collection). 11245\0002\667403.7 Page 1 of 9 DRAFT 10/03/01 COMMERCIAL PREMISES SOLID WASTE COLLECTION SERVICE: CAN AND CART SERVICE Service Type Frequency Rate per Account per Month 32 -gallon can (curbside) lx weekly $ 17.58 2x weekly ;, :. $ 30.23 3x weekly $ 42.86 4x weekly $ 55.51 • 5x weekly . $ 68.1.4 6x weekly ` ,' .. $, 80.78 7x weekly: $ '102.76 32 -gallon can (carryout) lx weekly $ 21.98 2x weekly ' $ 38.47 3x weekly $ ,. ,54.95 4x weekly $ 7.1.44 5x weekly $ . 85.79 6x weekly $ 104.41 7x weekly $ 13.1..88 35 -gallon cart 1x weekly, = $ , 19.24 2x weekly $ 32.97 3x weekly $ 46.71 4x weekly $ 60.45 5x weekly $, . 74.19 6x weekly ': $ 87.92 7x weekly $ 109.90 65 -gallon cart lx,weekly ' $ 30.23 2x weekly $ 51.65 3x weekly $ 73.09 4x weekly $ 94.51 5x weekly $ 115.95 6x weekly , $ 1.37.38 7x weekly $ 170.35 95 -gallon cart 1x weekly $ 41.22 11245\0002\667403.7 Page 2 of 9 DRAFT 10/03/01 Service Type Frequency Rate per Account :per Month 2x weekly $ 68.69 3x weekly $ 96.17 4x weekly $ 123.64 5x weekly $ 151.12 6x weekly $ 178.59 7x weekly $ 206:07 11245\0002\667403.7 Page 3 of 9 DRAFT 10/03/01 COMMERCIAL PREMISES SOLID WASTE COLLECTION SERVICE: BIN SERVICE Service Type Frequency Rate per. Account per Month 1 c.y. bin lx weekly $ 50:54 2x weekly $ 75.86 3x: weekly $ 101.14 4x weekly $ 126.47 5x weekly - : , $ ,:151.26 6x weekly $ 1.77:01 7x weekly $ 207..12 1.5 c.y. bin lx weekly $ 56.19 2x weekly $ 84.28 3x weekly = $ 119.92 4x weekly $ 1.40.82 , 5x weekly $ 168.58. 6x weekly $ 225:66 7x weekly $ 264.01 2 c.y. bid lx weekly • $ . 67.46 2x weekly $ 104.92 3x weekly $ 140:51 ' 4x weekly . $ 177.01 5x weekly S 207.96 6x weekly $ 238.89 7x weekly $ :279.48 3 c.y.:bin. lx weekly . $ ' 78.64 2x weekly. $ 120.80 3x weekly $ 163.01 4x weekly $ 205.1.2 5x weekly $ 247.23 6x weekly $ 288.83 7x weekly $ 338.57 4 11245\0002\667403.7 Page 4 ,of 9 DRAFT 10/03/01 Service Type Frequency Rate per Account per Month 4 c.y. bin lx weekly $ 94.35 2x weekly $ 145.00 3x weekly $ 218.87 4x weekly $ 246.48 5x weekly $ 296.73 6x weekly $ 347.28 7x. weekly $ 406.33 6 c.y. bin lx weekly ' $ 1.17.99 2x weekly $ 181.22 3x weekly $ 244.53 4x. weekly $ 307.72 5x weekly $ 370.91 6x weekly $ 434.11 7x weekly $ 507.91 8 c.y. bin lx weekly $ 146..13 2x weekly $ 224.53 3x weekly $ 300.82 4x weekly $ 377:00 5x weekly . $ 448.85 6x weekly ' $ 525.04 7x weekly $ 616.16 Commercial Premises Recycling Rate: Collector may charge a fee for Commercial Premises Recyclables Collection service up to 75% of the rate for comparable volume of Commercial Premises' Solid Waste Collection service. 11245\0002\667403.7 Page 5 of 9 DRAFT 10/03/01 COMPACTOR AND DEBRIS BOX SERVICE COMPACTOR AND DEBRIS BOX SERVICE Service Type Frequency Rate per Account per Month Compactor Service 3 c:y.* lx weekly $ 139.30 2x weekly $ 242.14 3x weekly $, . 312.53 4x weekly $ 404.50 5X weekly " $ 496.44 4 c.y. * Ix weekly . $ ` 171.64 2x weekly $ • 299.55 3x weekly S ' 4.1.8..23 4x weekly $ 51.2.31 5X weekly 5 629.00 5 c.y.* lx weekly $ 200.06 2x weekly $ 350.90 3x weekly $ " . 48091 4x weekly $ 609.38 5X weekly $: . 749.16 _6 c.y.* lx weekly $ 228,49 2x weekly $ 401.69 ,3x weekly $ 543,5.7 4x weekly $ '. 706.45 5X weekly S 869.31 Industrial Debris Box and Bin Service (non C&D per pull) Service Type Rate.. 2 c.y. bin** $ 66,95 per pull 3 c.y. bin** $ 72.10 per pull 4 c.y. bin** $ 77.25 per pull 5 c.y. bin** $ 87.55 per pull 6 c.y. bin** $ 92.70 per pull 7 c.y. bin** $ 103.00 per pull 11245\0002\667403.7 Page 6 of 9 DRAFT 10/03/01 20 c.y.** $ 150 per pull 25 c.y.** $ 150 per pull 30 c.y.** $ 150 per pull 40 c.y.** $ 150 per pull Less than 30 c.y. compactor* $ 275 per pull 30 c.y. — 39 c.y. compactor* $ ` 300 per pull Greater than 40 c.y. compactor* $ 325 per pull * Compactor rates do not include leasing or maintenance., ** Rates include dropping off box or bin at customer' location, retrieving box or bin when requested, hauling waste to, and up to 0 tons of Class III: disposal: An additional charge equal to $32.00 per ton will apply for disposal in excess of 0` tons. 11245\0002\667403.7 Page 7 °of 9 DRAFT 10/03/01 Special Service Charge Roll-out servicefor non -qualifying households Additional $4.00 per month per hh. On-call bulky waste pick-up for non- qualifying residents $36.05 per cubic yard per event. $1.2:36 fi`eon removal charge per unit: On-call extra°s'olid waste collection for residential premises 32 -gallon' cart: $15.00 64 -gallon cart: $15.00: .. 96 -gallon cart: S20.00 Cart exchange (for requests in addition .to, lx annual free exchange; includes delivery fee) : ; $35:00,per event. Call back for collection as a result of set- out after collection time $20.00 per event. amagplacemreplacement as a result of loss:or e,through willful or intentional misuse or abuse ,$55.00 per cart including delivery fee. Extra Commercial Pick-up:. 32 -gallon :can ` 32 -gallon cart 64 -gallon cart ; .`, 96 -gallon cart 2 c.y. bin 3 c.y. bin' - 4 c.y. bin . 5 c.y. bin 6 c.y. bin 7 c.y. bin $15.00 per event $15.00 per event. $15.00, per event' ' $15.00 per event ..;,• $36.05' per event. $46.35.per event $46.35 per event $46.35 per event, $56.65per event $56.65 pereyent Key charge: Allowed when container ; g access requires driver to"remove lock to empty container. S 5.15' 'per p container perinonth Enclosure charge: Allowed when collection requires removing a container . from an enclosure and replacing it when ,: ,empty. $0 per container per month 11245\0002\667403.7 Gate service charge: Allowed when collection requires passing through a gate in order to access a container. $5.00 per container per month Distance charge: Allowed when a container is placed further than 10 feet from where the collection vehicle has access. $1.0.30 per fifty (50) feet per container per month Other special charges not identified herein are subject to the review and approval of the City prior to levy. 11245\0002\667403.7 Page 9 of 9 DRAFT 10/03/01 • Mayor and Members of the City Council November 30, 2005 City Council Meeting December 13, 2005 ORDINANCE NO. 05-1257 - "AN ` ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE PERTAINING "TO EXPANDING AND REMODELING NONCONFORMING BUILDINGS AND USES (CHAPTER 17.52) AND BUILDINGS THAT ARE NONCONFORMING TO ,-PARKING:'' REQUIREMENTS AND AMENDING THE. HERMOSA . BEACH MUNICIPAL CODE." Submitted for adoption and waiver of full reading, is Ordinance No. 05-1257 relating to the above subject. At the meeting of November 22, 2005, the ordinance was presented to the City Council for consideration, was amended, and then introduced by the following vote: AYES: ° Edgerton, Keegan, Reviczky, Mayor Tucker NOES: None ABSENT: Yoon ABSTAIN: None Elaine Doerfling, City Clerk- • 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 23 ORDINANCE NO., 05-1257 AN ORDINANCE OF THE CITY OF.HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING :' ORDINANCE PERTAINING TO EXPANDING AND REMODELING NONCONFORMING BUILDINGS AND USES (CHAPTER 17.52) AND BUILDINGS THAT ARE NONCONFORMING TO PARKING REQUIREMENTS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE The City Council of the City of Hermosa Beach does hereby ordain as follows: SECTION 1. The Planning Commission held a duly noticed public hearings on January 18,, June 21, and July 19, 2005, and recommended amending the Zoning Ordinance to modify certain provisions of Chapter 17.52 and the related Section 17.4.4.140 with respect to the limits on expansion and remodeling, for nonconforming building and uses, and pertaining to buildings nonconforming to parking requirements. SECTION 2: The City Council held a duly noticed public hearing on October 11, October 25, and November 22, 2005, to consider the Planning Commission recommendation to amend the Zoning Ordinance, Chapter 17.52, regarding nonconforming building and uses, and the related Section 17.44.040 pertaining to buildings nonconforming to parking requirements. SECTION 3. The subject text amendment is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to the general rule set forth in Section 15061(3) of the CEQA Guidelines, as there is no possibility that the proposed modifications to the textmay have a significant effect on the environment. SECTION 4. The, City Council finds that the amendments to the Zoning Ordinance contained herein are consistent with the Hermosa Beach General Plan in that the proposed amendments modify and.claiify the provisions that pertain to the allowed remodeling and expansions to existing nonconforming uses andbuildings,'which will continue to encourage the maintenance and improvement of the existing housing stock, and conservation of the existing character of neighborhoods, consistent policies of the Housing Element and the objectives of the Land Use Element.: SECTION 5. Section 17.52.010 of Title. 17, Chapter 17.52 of the Hermosa. Beach Municipal Code is amended to read as follows: 1 05-1257 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 "17.52.010 General Goals. The goals of the city related to the nonconformity that exists throughout the city as a result of zone changes and ordinance amendments are as follows: A. To allow buildings, whether they are occupied by a nonconforming use or nonconformingto zoning standards, to remain and be maintained, and to allow limited alteration and expansion of said buildings when certain criteria are met and to encourage such alteration and expansions to incorporate architectural consistency within the project, B. C. To encourage restoration and maintenance of existing residential .buildings; To limit expansion of nonconforming buildings and uses that are deficient as to parking, or significantly exceed residential density requirements. SECTION 6. Section 17.52.020 of Title 17, Chapter 17.52 of the Hermosa Beach Municipal Code is amended by amending the final paragraph thereof to read as follows: "Routine maintenance and repairs, repairs and/or replacement to, plumbing, "electrical wiring and similar work, shall not be considered structural alterations within the meaning of this Chapter, and may be performed on a nonconforming structures and buildings containing • nonconforming uses." SECTION 7. Section 17.52.030 of Title 17, Chapter 17.52 of the Hermosa Beach Municipal Code is amended to read as follows: "17.52.030 Expansion, remodeling and alteration. Buildings containing nonconfornung"uses, and nonconforming buildings are subject to the following standards: A. Buildings Containing Nonconforming Uses. 1. Structural removal allowed: a. Portions of the structure that currently conformto the provisions of ' this Title may be removed and 'replaced, as long as the foundation and floor systems remain intact. b. Any existing nonconforming portions of the structure (e.g. a wall nonconforming to a yard requirement, or,a roof hon - 2 05-1257 ' conforming to height requirements) may be partially; modified or altered only to the extent necessary to satisfy the Uniform Building Code as recommended, by a certified structural engineer but shall not be completely removed and replaced, and if completely removed must be brought into compliance with current requirements. Expansion allowed: Maximum of "fifty(50),.percent expansion in floor area of the • existing buildings) on the building site that_existed prior to October 26, 1989, provided that for residential uses the expansion does not result in greater than 3,000 square feet of floor area for each dwelling unit but in no event exceeds 5,000 square feet of total *floor area for the building site. The percentage increase in floor area shall be calculated by comparing the existing floor area (excluding any expansion that occurred after October 26, 1989),against the proposed increased floor area excluding garages, accessory structures, basements that are completely below grade, and balconies or decks. b. Expansion not permitted if residential densityexceeds forty- five (45) units per acre. c. For buildings nonconforming to current parking requirements of Chapter 17;44 pertaining to off-street parking, refer to Section 1.7.52.035. Nonconforming Buildings. Structural removal allowed: 05-1257 • -2 3 4 5. 7 9. 10 11 12 13 14 16 ' 15 17 18 19 20 . 21 .22 23 24 25 26 27 • 28 a. Portions of the structure that currently conform to the provisions of this. Title may be removed, and replaced, as long as the foundation and floor system remain intact. b. Any existing nonconformingportions of the structure (e.g. a wall nonconforming to a yard requirement, or a roof non- conforming to height requirements) may be partially modified or altered only to the extent necessary to satisfy the Uniform Building Code as recommended by a certified structural engineer but shall not be completely removed and replaced, and if completely removed must be brought into compliance with current requirements. 2. Expansion allowed: a. Maximum of one hundred (100) percent expansion in floor area of the existing building(s) on the building site that existed prior to October 26, 1989, provided that for residential uses the expansion does not result in greater than 3,000 square feet of floor area for each dwelling unit but in no event exceeds 5,000 square feet of total floor area for the - building site. The percentage increase in floor area shall be calculated by comparing the existing floor area'(excluding any expansion that occurred after October 26, 1989), against the proposed increased floor area'excluding garages, accessory structures, basements that are completely below grade, and balconies or decks. b. Expansion shall conform to current codes. c. For buildings nonconforming to current parking requireYnents of Chapter 17.44 pertaining to off-street' parking, refer to Section 17.52.035. 05-1257 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Existing nonconforming stairways: Existing nonconforming stairways that encroach into required yard areas and that provide legally required access to legal dwelling units, may be fully reconstructed if beyond repair, provided no other reasonable Iocation is available that does not require major reconfiguration or alteration of the structure. Said stairways, • if reconstructed or replaced to allow continued access to the dwelling unit, shall be constructed in conformance with Chapter 34 of the Uniform Building Code; shall be constructed of non-combustible materials; shall conform to handrail, guardrail, tread depth, and riser requirements; and, shall not contain storage areas below. No replacement of said stairways shall be allowed in conjunction with an expansion and/or remodel project that: exceeds a 100% increase in floor area.'' SECTION 8. Title 17, Chapter 17.52 of the Hermosa Beach Municipal Code is amended by adding thereto ,a new Section 17.52.035 to read as follows: "17.52.035 Requirements for buildings nonconforming to parking requirements A. The following limitations on expansion apply to residential buildings on building sites containing two dwelling units or, less that are nonconforming as, to the number of parking spaces required on the building site, including guest parking spaces, based on the number of parking spaces available that meet all the requirements of Chapter 17.44, or that meet the exceptions of sub -section B. In the event of conflict between the limitation contained in this section and Section 17.52.030, the more restrictive shall apply. 1. Building site provides less than one parking space per unit: A maximum expansion of one hundred (100) square feet of floor area may be constructed; provided, however, that up to five hundred (500) square feet 05-1257 10 16 17 18 19 20 21 22 23 24 25 26 27 28 may be added if one or more parking spaces are added to the building site, even if the resulting total is less than one parking space per unit. 2. Building site provides one or more but less than two parking spaces per unit: A maXimunt expansion of five hundred (500) square feet may be constructed. 3. Building site provides two or more parking spaces per unit but provides insufficientguest parking:: An expansion as allowed by Section 17.52.030 B. Exception:. Existing parking spaces that do not comply with the 20 -foot minimum length requirement, turning radius requirements, the minimum 9 -foot driveway width requirement, the alley or street setback requirement, and/or the driveway slope requirement, which provide at least the following for each standard, shall be deemed conforming to these requirements and shall be considered complying parking spaces for existing residential buildings: • Length: Minimum 17 feet 6 inches (inside measurement) • Turning Radius: Minimum 20 feet. (measured from far side of alley or street) • Driveway Width: Minimum 8 feet • Driveway Slope: Maximum 15% • Alley or Street Setback: As necessary to provide. a 20 -foot turning radius Residential buildings that have the mnumum required parking spaces meeting at least the criteria contain in this exception and have no other nonconforming conditions shall be_considered conforming buildings and are not subject to the expansion limitations of this chapter. C. Building sites containing three or more dwelling units shall not be expanded in floor area unless the site provides two parking spaces.per unit plus one guest space for every two units. D. Nonresidential buildings in a C or M zone nonconforming as to parking may be expanded only if applicable parking requirements for theamount of the expansion area are satisfied. E. When the use of an existing commercial,manufacturing or other non-residential building or structure is changed to a more intense use with a higher parking requirement the =. 05-1257 • 1 2 3 4 5 6 8 9' 10 11 12 13 14 15 16 17- 18 19 20 21 22 23,' 24 25 26 27 28 requirement for additional parking shall, be calculated as the difference between the required parking as stated in Section 17.44.030 for that particular use as compared to, the requirement for the existing or previous use, which shall be met prior to occupying the building unless otherwise specified in Chapter 17.44." , SECTION 9. Section 17A4.140 of Title 17, Chapter 17.52 of the Hermosa Beach Municipal Code is amended to read as follows: "17.44.140 Requirements for new construction. Parking spaces shall be provided, permanently maintained and available for every building hereafter erected in compliance with this Chapter 17.44." SECTION 10. This Ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 11. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law. SECTION 12. 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, and 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 13th of December 2005 by the following vote: AYES:. Edgerton, Keegan, Reviczky, Mayor Tucker NOES: None 'ABSENT: Yoon ABSTAIN: None PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: r City Clerk City Attorney. 7 05-1257 • November 30, 2005 .. City Council Meeting December 13, 2005 Mayor and Members of the, City Council. ORDINANCE NO. 05-1258 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,. CHANGING THE ZONING FROM M-1 (LIGHT MANUFACTURING) TO R-2 - (TWO-FAMILY RESIDENTIAL) AND ADOPTING A MITIGATED ENVIRONMENTAL NEGATIVE DECLARATION FOR THE PROPERTY LOCATED AT 494 ARDMORE AVENUE (ON THE SOUTHEAST CORNER OF . FIFTH STREET AND ARDMORE AVENUE) LEGALLY DESCRIBED AS LOT 9 WALTER RANSOM CO'S VENABLE PLACE." Submitted for adoption and waiver of full reading is Ordinance No. 05-1258 relating to the above subject. At themeeting of November 22, 2005, the ordinance was presented, to the City Council for consideration and introduced by the following vote: Noted: 411 Stephen l0 ::#1r 41, ity Manager AYES: NOES: ABSENT:. ABSTAIN: Edgerton, Keegan, Mayor Tucker None Reviczky, Yoon None Elaine Doer -fling, City Clerk 3b ORDINANCE NO. 05-1258 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CHANGING THE ZONING FROM M-1 (LIGHT MANUFACTURING) TO R-2 (TWO-FAMILY RESIDENTIAL) AND ADOPTING A MITIGATED ENVIRONMENTAL NEGATIVE DECLARATION FOR THE PROPERTY LOCATED AT 494 ARDMORE AVENUE (ON THE SOUTHEAST CORNER OF FIFTH STREET AND ARDMORE AVENUE LEGALLY DESCRIBED AS LOT WALTER RANSOM CO'S VENABLE PLACE The City Council of the City of Hermosa Beach does hereby ordain as follows: SECTION 1. An application was filed byMehrdad Tootonchi owner of real property at 494 Ardmore Avenue seeking to amend the Zoning Map. SECTION 2. The Planning Commission =conducted a duly noticed public hearing' to consider the application for a Zone. Change on October 18, 2005, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. SECTION 3. The City Council conducted a duly noticed public hearing to consider the application for a Zone Change and the recommendation of the Planning Commission on November 22, 2005, at which testimony and evidence, both written and oral, was presented to and considered by the City Council: SECTION 4. Based on evidence received at the public hearing, the City Council makes the following factual findings: 1. The requested change to R-2 will make the zoning for the subject property consistent with the General Plan designation of Medium Density Residential. 2. Surrounding properties to the north, east and south are designated Medium Density Residential on the General Plan and Zoned R-2, with the exception of adjacent properties immediately to the south which are not included in this request, which would remain M-1 zoned. 05-1256 5 10 11 12 13 14 411 15 16 17 18 19 20 21 22 23 24 25 26 27 SECTION 5. Based on the foregoing factual findings, the Planning Commission makes the following findings pertaining to the Zone Change 1. The Zone Change will bring the subject property into consistency with the. General Plan for the City pursuant to the specific recommendation for this property in the Land Use Element of the General Plan. 2. The subject property to be redesignated is appropriatefor residential use asit is abutted by residential uses and located in an area, which is predominantly residential in character. A residential use of the subject properties will.be more compatible to surrounding residential uses than. a potentially more intensive light manufacturing ,or commercial use. The residential use of the property will provide property tax benefits and will not unduly strain city services. 3. The Planning Commissionconcurs with the Staff Environmental Review Committee's recommendation, based on their Environmental Assessment/Initial Study, that this project will result in a less than significant impact on the environment, and therefore qualifies for a Mitigated Negative Declaration. SECTION 6. Based on the foregoing, the City Council hereby amends the. City's Official Zoning Map as follows: 1. Amend the Zoning Map by changing the property, as described below and shown on the attached map, from M-1 (Light Manufacturing) to R-2 (Two -Family Residential): 494 Ardmore Avenue, legally described as lot 9 Walter Ransom Co's Venable Place. SECTION 7. This Ordinance shall becomeeffective and be in full force and effect from andafter thirty (30) days of its final passage and adoption: SECTION 8. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the. City of Hermosa Beach in the manner provided by law. • 05-1258 3 5 10 .•11 12 13 14 410 15 16 17 18 19 20 21 22 23 •24 25 26: 27 28 SECTION 9. The City Clerk shall certify tothe passage and adoption of this Ordinance, • shall enter the same in the book of original Ordinances of said city, and 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 13th of December 2005 by the following vote AYES:, Edgerton, Keegan, Mayor Tucker NOES: None ABSENT: Reviczky, Yoon ABSTAIN: None . PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk City. Attorney 05-1258 • December 6, 2005 Honorable Mayor and Members of • The Hermosa Beach City Council Regular Meeting of December13, 2005 SAINT PATRICK'S DAY PARADE AND FESTIVAL 2006-2007 Recommendation Parks, Recreation, and Community Resources Advisory Commission recommends that the Council 1. Approve the request from the South Bay St. Patrick's Day Weekend Committee (SBSPDC) to hold their annual Saint Patrick's Day Parade and Festivals dated: Saturday, March 18 and Sunday March 19, 2006. Saturday, March 17 and Sunday March 18, 2007 Approve fee waiver/funding requests as follows: • $15,000 allocation from the., Downtown Enhancement Fund to cover Direct Costs for. City services, not to exceed $15,000. Waiver of indirect City fees: parking fees, banner fees, and amplification sound permit fees. Billing for.. Police, Fire and Public Works services at actual hourly cost. • Approval to utilize the City Parking Lot A for a Kiddy Carnival and Petting Zoo; 11th Street between Beach Avenue and Hermosa Avenue for a Food Court and Pier Plaza for vendor booths. • On the Saturday of each event year for parade: Closure of Valley Drive from 8th Street to Pier Avenue from 7:00 am to 1:00 pm. Closure of Hermosa Avenue. from 13th St. to 8th Street from 10:00 am to 12:30 pm. Closure of 111h Street from Hermosa Avenue to Beach Drive from 7:00 am to 7:00 pm. Background The Commission, at its meeting November 1, 2005 received a request for a special event permit from the SBSPDC to hold their 12th Annual Saint Patrick's Day Parade and ;Festival. The event consists of a one -day parade, and two-day festival featuring vendor booths, carnival, and Food Court. The committee has been reformed to include several new community groups. The committee has requested a two-year contract with the City for both the parade and festival. The group intends to aggressively seek sponsorship over the two- year period with the intent of becoming self-sustaining, alleviating the need for a festival thereafter. Attachments B -C contain the event outline, budget and site plans. Analysis The parade staging area will belocated on Valley Drive from Pier Avenue to 8th Street utilizing City Hall Parking Lot, Valley Drive, the Greenbelt, and beyond 8th Street on the Greenbelt Parking Lot. This staging area plan has worked successfully in past years to minimize the impacts of street closures by confining operations to the south side of Pier Avenue. The parade route will begin on Valley Drive at Pier Avenue and will proceedwestbound to Hermosa Avenue where it will turn southbound (on the east side of Hermosa Avenue) and: end at 8th Street. Observations In order to secure placement of elected officials in parade line-up,' staff recommends that all vehicle assignments and sequential order of parade entrants be solidified one (1) week prior to event. day. Documentation stating these specific details should be provided to the Community Resources Department by said deadline to alleviate any miscommunications. 5a • IFiscal Impact: $15,000 Maximum allocation from the Downtown Enhancement Fund Attachments: A. Letter of Request B. Site Plans C. Budget Information Respectfully submitted, Lisa Lynn Community Resources Director Noted for Fiscal Impact, Viki Cop land Finance Director Concur_" Step City "nager Saint Patrick's Day j Parade and Festival Hermosa CA City of Hermosa Beach H.B. Chamber of Commerce Knights of Columbus H.B. Kiwanis H.B. Rotary Leadership Hermosa H.B. Women's Club Executive Board Virginia Scaccianoce Chair Carole Melton Vice -Chair Susan Blaco Vice -Chair Auxiliary Events Donna LaFond Vice Chair Corporate & Community Steve Poirier Secretary(Treasurer Directors eah Cullen . Travers Devine 'ony Sotos ;x -Officio fichaei Flaherty nblic Works Dept. 'ommunity Relations DeptRep. olice Department Rep. Hermosa Beach St. Patrick's Day Committee A California Non Profit Corporation IRS EIN 33-0650362 — Cl942595 1007 Hermosa Avenue. Hermosa Beach CA 90254 310-376-0951 fax 310-798-2594 August 15, 2005 Honorable Bill Sigler, Chair Parks and Recreation Commission City of Hermosa Beach 13,15 Valley Drive Hermosa Beach CA 90254 Dear Chairperson Sigler and Members of the Commission: Please find attached a copy of the request to the City Council for a public hearing on the proposal for the 2006-7 St. Patrick's Day Parade & Festival, our 12th and 13th Annual events. Our Committee respectfully requests the 'Commission to review our requests and support our proposal to the City Council. We will be pleased to attend. the Commission meeting to answer any questions any member of the Commission may have: The 2006-7 events are a mirror image of the 2006 events with only minor changes. The St. Patrick's Day, Committee is newly re-formed and is hopeful that with the inclusion of both Organizational and Individual representation we will find more success in areas like Corporate and Business sponsorship and intend to review and consider different ideas, and structures for our events. For the moment, however, the financing of the Parade is directly tied to the income from the Festival. Our goal is to continue to produce a quality, family oriented event in conjunction with the celebration of Irish heritage and culture that St: Patrick's Day symbolizes. In order to attract and hold the attention of families for the Festival, Irish music and dance would not suffice omits own. The dynamics of events illustrate that the more there is to do, the longer a crowd will remain. That is especially true of families with small children. While an assortment of" vendors (or local business displaying goods on the Plaza) may be fine for adults, theattraction for families is in, large part the Carnival and Petting Zoo. Attachment A • While most bars would be busy on a St. Patrick's Day weekend, the stores and restaurants benefit greatly from the crowds that the events draw to downtown. A Parade without a Festival :. would draw a crowd that would quickly disperse, serving neither the interest of businesses in the area nor the, Committee's desire to,present a program of Irish Music and Dance. In 2006, St. Patrick's Day falls'on Friday and in 2007 it falls on Saturday. From the perspective of our Committee, it makes a good deal of sense to have a full weekend event when St. Patrick's Day actually falls on the weekend. For this reason and for economic viability, we are requesting approval of a Parade and 2 -day Festival for the next two years. In future years, and with `marketing' success to Business and Corporate sponsors, we anticipate that by it may become economically feasible to produce a one day event and/or eliminate commercial vendors in favor of the Plaza merchants displaying their goods mixed with additional entertainment such as roving jugglers, minstrels, etc. ank you for your consideration. Sincerely • ginia Scacci Chair, Hermosa oce each St. Patrick's Day Committee Saint Patrick's Day Parade and Festival Hermosa Beach CA City of Hermosa Beach H.B.°Chamber of Commerce Knights of Columbus H.B. Kiwanis H.B. Rotary Leadership Hermosa H.B.Women's Club Executive Board Virginia Scaccianoce Chair Carole Melton oVic -Chair P Susan Blaco. Vice -Chair Auxitlary Events ?onna LaFond Vice Chair :orporate & Community ;teve Poirier secretary/Treasurer • )irectors can Cullen, Travers Devine ony Sotos X --Officio (ichael Flaherty ublic Works Dept. 9mnuintty Relations Dept. ?lice Department Rep. • Hermosa Beach St. Patrick's Day Committee ,4 California Non Profit Corporation IRS EIN 33-0650362 — C1942595 1007 Hermosa Avenue Hermosa Beach CA 90254 310-376-0951 fax 310-798-2594 August 15, 2005 Honorable J.R. Reveczky,Mayor City of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254 RE: 2006 St. Patrick's Day" Parade & Festival Dear Mayor Reveczky and Members of the Council: The St. Patrick's Day Committee would like to request-apublic hearing for, consideration of the enclosed proposal for our 2006-7 St. Patrick's Day Parade and Festival. The St. .Patrick's Day Committee is newly re-formed with an organizational structure that establishes a `partnership' between the City and Civic Organizations to continue the tradition of St. Patrick's Day Celebrations. Our goal is to continue to produce a quality, family oriented event in conjunction with the celebration of Irish heritage and culture that St. Patrick's Day symbolizes. In 2006, St. Patrick's Day falls on Friday and in 2007 it falls on Saturday. For this reason and for economic viability, we are requesting approval of a Parade and 2 -day Festival for the next two: years. The attached documents are for the 2006 event and the 2007 would be a `'mirror' of the '06 event with the financials for '07 based upon the actuals for '06. Our Committee is hopeful that with the inclusion of both Organizational and . Individual representation we will fmd more success in areas like Corporate and Business sponsorship and intend: to review and consider different ideas and structures for our events: For the moment, however, the financing of the • Parade is directly tied to the income from the Festival. We are requesting the following items for approval: City sponsorship not to exceed $15,000 for City Fees and Services related to the Parade & Festival Parking Fees, Street Banner Fees, Amplification Permit fees and other City Fees, and billing at actual cost for Public Works, Police and Fire Department and Parking lot fees, to be paid out of the City sponsorship monies set aside above.. Approval to utilize the City Parking Lot on 11th Street for a Carnival and Petting Zoo and one half of the City Parking Lot on 13th Street for a staging compound. Closure of Valley Drive from 8th Street to Pier Avenue from; 7:00 a.m. to 1:00 p.m. (for Parade line up) Saturday, March 18` 2006 and Saturday March 17th 2007. Closure of Hermosa Avenue from 13th street to 8th street from 10:00 A.M. to 1:00 P.M. Saturday for the Parade Closure of 11th Street from Hermosa Avenue to Beach Drive from 7:00 A.M. Saturday to 7:00 P.M. Sunday. Approval of expenditures, not to exceed $2,000.00 from the City Transportation. fund for shuttle bus service from the Mira Costa Parking Lot to the Festival. Event Outline Event: St. Patrick's Day Parade and Festival Purpose: Celebrate St. Patrick, Irish and Irish American culture, and to promote the City and all Hermosa Beach businesses. Date • Time: Saturday, March 18, 2006 and Saturday March 17, 2007for the Parade - Saturday and Sunday March 18, & 19t 2006 and 17 & 18t in 2007"• for the Festival Parade from 11:00 a.m. to 12:30 p.m: Saturday and Festival from 10:00 a.m. to 5:00 p.m. both days. Location:. Under the direction of a professional Consultant, the Parade will step off at ti Valley and Pier Avenue; continue west on Pier Avenue to the west side. of Hermosa Avenue where it will turn south and continue to Eighth Street. Vendors: Open to all Hermosa Beach businesses. Irish imports, Arts and crafts booths on Pier Avenue between Hermosa Avenue and the Strand. Free to the public. Parade Entries free for all non-profit agencies $100.00 - $200.00 for business entries displayinglogos and promotions - $500.00 for Corporate entries and floats. Festival Vendor space of 10' by 10' for $200.00. Food Court Vendor fee $700.00. Parade: Parade will consist of not more than 125 entries. High School Marching Bands, Bagpipe Bands, VIP's, Clowns, Irish Dancers, etc. One stage with live Entertainment will be at the Pier Head and will' Festival: feature performances of Color Gallagher, the Misty Isle Bagpipe Band' and traditional Irish Step Dancers from the Kelly School .of Irish Dance. The Kiddy Carnival and Petting Zoo will again be; in the Parking lot on 11th Street with the food Court on 11th Street. Food: Participating Hermosa Beach restaurants, can have outdoor sidewalk cafe seating, following all City, Health Department and ABC requirements. A limited number of fast food cart vendors will be allowed: Food vendor prices are structured to provide a substantial discount to Hermosa Beach Restaurants. Parking: Large parking signs directing cars to remote parking, will be posted at 14th Street and Pier and at Pier Avenue and Manhattan Avenue. Professional security will be provided to guide customers of the Mermaid and the Beach Hotel, seekingaccess to Beach Drive. Event Info: Remote parking and shuttle service will be available and advertised in advance and signs will be posted on Pacific Coast Highway and Pier Avenue; PCH and 8th Street; PCH and Artesia Boulevard. An Information booth will be setup on Pier Plaza at Hermosa Avenue and will be staffed throughout the event. Site management during the event will be provided by paid security and volunteer staff. . Promotion: - The St. Patrick's Committee will promote the event through newspapers, radio and television and in the Irish newspapers and radio programs. The Committee has 2 banners, which will hang across Pacific Coast Highway and/or Aviation Blvd. or Pier Avenue. Insurance: St. Patrick's Day Committee will, provide $2 million liability. insurance . Cleanliness: The Committee will arrange to have temporary trash receptacles along the parade route as well as at the vendor location. Temporary toilets will be provided. The Committee will hire a maintenance and clean-up crew to pick Traffic' up trash along the parade route immediately following the parade and clean the vendors' site immediately at the close of the event Saturday and Sunday evenings, normal City street sanitation contractor will be responsible from the close of the event Saturday and Sunday. Coordinated between a Professional Consultant and the Hermosa Beach Police Department, the Committee will utilize a combination of professional security officers, volunteers and off duty Police in a ratio acceptable to the HBPD. The St. Patrick's Day Committee hopes that this event will continue to provide wonderful Irish entertainment and an appreciation for Irish culture to the residents of the community, as well as increased sales for our business community, and the promotion of city pride. Sincerely, V ria'"`:' ci . oce Chair, Hermosa „each,St. Patrick's Day Committee a a: St. Patrick's Day Layout - Street Closures Set up 7:00 AM- 10:30 AM Ardmore Parade Line Up A\ �4 I.\ 0 J ®®::e Valley Dr. A,\ v A\ ar A,* A\ Nor Al* E 45 1r a. v A\ \f Green belt A\ A\ 45 b A► v 4: v �, Parade Check In Fire Police City Hall Bard St. Street closure type. -ll .baracades Bard -St. A• •I NV ®9 A,* AS Al, A\ A,\ Al V• •i v v ', 4- -67; - 4- 45 \I A\ v /\ VII u 'r Ardmore Parade Entrance & street closure A,\ rr 834 A,► v Valley Dr. . co City Basketball/ Clark building Tennis- ' building Clark Field C a) E L U Street Closure -- Type 11 baracades J 2 Ecoc '8 Lf, Beach 12th Annual St Patrick's Day Weekend Festival March 18 & 19, 2005 • I Bathroom Strand Hennessey's Fish Market Beach Drive. Petting Zoo Kiddy Carnival Kiddy Camival Street Closure Type 11 Baracades Beach Club • LightHouse Shirt Tails app's Plaza Treasure Chest Patrkk Molloy' Aloha Sharkeez Lifeguard Station Strand Beach Mermald m 20 R . �• 24 25 26 m • 10 e .Beachwear. Poop Deck Beach Drive ----- Cantina Real • • Pier Surf Lapperrs .--. Avanti Bakery n2CCxlo Beach Wear Good Stuff Parking Lot "B Pudic Parking Robert's Liquor El OA 6 5 38 399 40 42 Convridtee. lnfomtitlon & sales Spyder Surf Brewski' CItI Bank St..Patribk's Day Parade RoUte Line up on Valley Drive between Pier Ave and 8th Street. Step off at Valley and Pier Avenue; continue west on Pier Avenue to Hermosa Avenue where it will turn south on ' the west side of Hermosa Avenue and continue to 8th Street. Hennessey's Tullamore Dew Patrick Malloy's In -Bev (Stella .& Bass) Chamber of Commerce H.B. Women's -Club H.B. Kiwanis H. B. Rotary Individual Contributions Schlock Carts Parade Entry Fees Festival Vendor Fees* Display Vendors Food Court 'Carnival and Petting Zoo Fiesta Beer Garden Committee Fund Raising City Transportation Funds Daily Breeze Irish News r K -Earth / Arrow Radio Consolidated Waste City of Hermosa Totals Income. •Cash `In -Kind- $ 500.00 2006ID &Wats .:Supplies, Expenses Advertising, flyers, photo's 1,500 00 : Printing (pkg signs - car signs, etc) $ 1,000 00 Event Insurance $ 500.00 .Irish News $ 500:00 Postage _ ... „ $ 500 00 r ; Mira Costa Parking 250.00 • Waste Disposal ;Sanitation Facilities 500.00 Security $ 1, 500.00 Power $. 4,800.00 _ Shirts, Street .Banners = $ 6,000.00 i fEI.ent Consulting $ 7,098.00 Parade (cones, beracades etc) $ •2,558.00: Festival (stages, sinks, rentals etc). _$ 8,500.00Parade Bagpipe bands 2,000.00 ... Festival Entertainment $ 2,000 OO Clean up $ -1,665.60 'Parade Radios and carts. $ 6,000 00 Daily Breeze .. ; $ 5,000 00 K-Earth,Arrow $ 2,000 00 Transportation (no actuals) Charitable Contributions (80% Profits) $ 37,706.00 $ 16,665.00 EXpenditures Cash ;In -Kind $ 175.00: 519.00 430.00 $. 2,801:59 -600 00 148.00.: 580.00 Police Department Public Works Community Resources Transportation Parking Lot A Rental. *Note: City Actuals 2005 $3,848 $2,270 $ 300. $2,800 $2,250. $11,468. $ 2,663:36 $ $...1,666.00`.. $ , 3,800.00 $ 5,000 00 $ . 650.00: .:. $ 4,354.00 $ .1,500.00 $ $ 2,895.00 $ 1,1.86.90 $ 1,665.00 $ 1,665:00. • $ 5,000.00 $ 2,000.00 $40,100.85 $16;665.00 PUBLIC WORKS DEPARTMENT DOWNTOWN BUSINESS AREA ENHANCEMENT DIVISION SOURCE OF FUNDS: DOWNTOWN ENHANCEMENT FUND 2005-2006 BUDGET DEPARTMENT DESCRIPTION: The Public Works Department staff administers several contracts in the downtown area. • POSITION SUMMARY CITY MANAGER OBJECT AUTHORIZED RECOMMENDED CODES 04-05 , 05-06 4102 REGULAR SALARIES Public Works Director 0.10 0.05 Associate Engineer .. 0.20 020 Public Works Superintendent 0.05 0.0.5 Public Works Crewleader 0.05 020 TOTAL 0.40. 0.50 OBJECT CODE EXPLANATIONS •OBJECT CODES ACCOUNT TITLE EXPLANATION 4201 • Contract Services, Private Downtown Cleaning/Sweeping Downtown Area Steam Cleaning Palm Tree Fertifization/Maintenance, Quarterly Root Injection Fertilization 2,400 Tree Trimming Landscape Maintenance Downtown Median Maintenance Hermosa and Lower Pier Avenue- 11,124 •, Additional Cleaning Services for Events Not Included in Special Events • 17,000 Rental of One-man Bucket Truck 1,500 Total $174256 $109,110 30,650 2,472 4319 Special Events Installation/Removal of Holiday Flags, Holiday Decoration's Palm Tree Light Maintenance Unspecified Events New ,Years Celebration Rental Lights/Toilets New Years Eve Extra Clean Up - New Year's Eve St. Patrick's Day Parade Additional Rental Lights/Toilets Total $8,540 2,221 . 2,500 25,000 500 500.. • 15,000 2,200 $56,461 192, St. Patrick's Day Billing 04105 Budget $18,000 2005 Actual Deduction $11,468 Difference: $3,532 DEC fund Police Department . Staffing $3,848 Public Works Department Steam Cleaning $1,950 Staff Inspections $320 Community Resources Administrative Fee V $300 Parking Lot A Rental 3 days @ $750 $2,250 Transportation $2,800 Fees Waived: $3,074 Public Works Banner $418 Police Department Amplified Sound $43 Parking Meters , V 11th Street $1,007 (53 @ $19 per meter 2 days) Pier Avenue $1,216 (128 @ $19 per meter 114 day) Hermosa Avenue $390 (41 @ $19 per meter % day) *Lot B no longer utilized for Compound ($2,280 fee reduction) *City no longer pays portion of contract services for entertainment -sand production. Prior to 2005, City paid up to $15,0.00 toward contract services after direct costs were deducted. SUPPLEMENTAL INFORMATION a December. 7, 2005 D5-1 025 5 For City Council Meeting of December 13, 2005 Adoption of an Ordinance Relating to Cable, Video, and Telecommunications Service Providers. Recommendation 1 Conduct the public hearing to solicit comments regarding the proposed ordinance: 2. Introduce the Ordinance and waive full' reading. Background The existing cable television regulatory ordinance was adopted by the City of Hermosa Beach in 1994. Over the years there have been changes in State and. Federal laws regarding local regulation of cable television services. In addition, technological advances have impacted the industry and the regulations that apply. Analysis Attached is a proposed revised cable television regulatory ordinance. The ordinance is considerably different in format than the current ordinance. The emphasis in updating the ordinance was to reflectchanges that have occurred in State and Federal regulations with regard to cable television services and the ability or authority of local governments to regulate cable services. Changes have also been made due to technological changes in the industry. The new ordinance also incorporates the Cable a Television Consumer Protection Standards and the regulatory ordinance into one section of the Municipal Code. The current cable television service provider, Adelphia, will continue to operate under the existing chapters 5.16 and 5.17 as they now exist until a new cable television franchise renewal agreement becomes effective, at which time the new regulations would apply. Should the city approve a franchise agreement with Verizon Communications to provide subscription video services, the new ordinance would apply to that agreement. The draft franchise agreement with Verizon has been developed in consideration of this new ordinance. Respect subr 'tted: chael E ersonnel & Risk Brad Wohlenberg City Attorney's Office agement Director S 'phen Burrell City Manager 5b ORDINANCE NO. AN,ORDINANCE OF THE CITY OF HERMOSA BEACH REGULATING CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICE PROVIDERS, REDESIGNATING CHAPTERS 5.16 AND 5.17 OF TITLE 5 AS UNCODIFIED ORDINANCES, AND AMENDING TITLE 5 OF THE HERMOSA BEACH MUNICIPAL CODE BY ADDING A NEW CHAPTER 5.16 THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: Section 1. Chapter 5.16 of Title 5 of the Hermosa Beach Municipal Code, which is entitled "Cable Television Systems," and Chapter 5.17 of Title 5 of the Hermosa Beach Municipal Code, which is entitled "Cable Television Consumer Protection Standards," are redesignated as uncodified ordinances: and are subject to repeal in accordance with the provisions of Section 3 of this ordinance. Section 2. The Hermosa Beach Municipal Code is, amended by adding to Title 5 a new Chapter 5.16 to read as follows: "CHAPTER 5.16. CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICE, PROVIDERS ARTICLE 1. GENERAL PROVISIONS 5.16:010 Title This chapter is known and may be cited as the "Cable, Video, and Telecommunications Service Providers Ordinance" of the City of Hermosa Beach. 5.16.020 Purpose and Intent . . A. The City Council finds and determines as follows 1. The development of cable, video, and telecommunications services and systems may provide significant benefits for, and have substantial impacts upon, the residents of the City. 2. Because of the complex and' rapidly changing technology associated with cable, video, and telecommunications services and systems, the public convenience, safety, and general welfare can best be served by the City's exercise of its regulatory powers. 3. This chapter adopts provisions that authorize the City to regulate cable, video, and telecommunications service providers to the extent authorized by federal and state law, including but not limited to the federal Cable Communications Policy Act of 1984, the federal Cable Television Consumer Protection and Competition Act of 1992, the federal Telecommunications Act of 1996, applicable regulations of the Federal Communications Commission, and applicable :California statutes and regulations. 4. The cable, video, and telecommunications services that are addressed in this chapter include services provided by cable television systems, open video systems, master antenna television systems, satellite master antenna television systems, direct broadcast satellite systems, multichannel multipoint distribution systems, local multipoint distribution systems, and other providers of video programming, whatever their technology. B. The purpose and intent of this chapter is to provide for the attainment of the following objectives: 1. To enable the City to discharge its public trust in a manner consistent with rapidly evolving federal and state regulatory policies, industry competition, and technological development. 2. To authorize and to manage reasonable access to the City's public rights-of-way and public property for cable, video, and telecommunications purposes on a competitively neutral and nondiscriminatory basis, and in a manner consistent with all applicable federal and state statutes and regulations. 3. To obtain fair and reasonable compensation for the City and its residents for authorizing the private use of the public rights-of-way and public property. - 4. To promote competition in cable, video, and telecommunications services, minimize unnecessary local regulation of cable, video, and telecommunications service providers, and encourage the delivery of advanced and competitive cable, video, and telecommunications services on the broadest possible basis to local government and to the businesses, institutions, and residents of the City. 5. To establish clear local guidelines, standards, and time frames for the exercise of local authority with respect to the regulation of cable, video, and telecommunications service providers. 6. To encourage the deployment of advanced cable, video, and telecommunications infrastructure that satisfies local needs, delivers enhanced government services, and provides informed consumer choices in an evolving cable, video, and telecommunications marketplace. 7. To maintain and to enhance public, educational, and governmental programming opportunities that will enable the City to communicate with its residents and to provide them with alternate means of disseminating information. 5.16.030 Defined Terms and Phrases Various terms and phrases used in this chapter are defined below in Section 5.16.170 of Article 5. 5.16.035 Suspension and Waiver of Application Fee Deposits A. With regard to any application fee deposit for an initial franchise, or for the renewal of a franchise, or for the transfer or change in control of a franchise that is authorized by this Chapter 5.16, the City Manager may suspend that application fee deposit in accordance with this section. • • B. , The City Manager, in consultation with the City Attorney, will review all written information submitted by:the applicant or franchisee insupport of its contention that applicable law prohibits imposition of f the application fee deposit provided for by this Chapter 5..16. If a determination is made that applicable law supports the contention of the applicant or franchisee, then the'City Manager may suspend the imposition of the application fee deposit; provided, however, that such suspension must be ratified by the City Council within 30 days after the City Manager's determination, and, if ratified, the application fee deposit will be deemed to have been waived. ARTICLE 2. CABLE TELEVISION SYSTEMS, 5.16.040 Authority and Findings A. In accordance with applicable federal and state law, the City is authorized to grant one or more nonexclusive franchises to construct, reconstruct, operate, and maintain cable television systems within the City limits., C. The City Council finds that the development of cable television and related telecommunications services may provide significantbenefits for, and substantial impacts upon, the residents of the City. Because of the complex and rapidly changing technology associated with cable television; the City Council further finds that the public convenience, safety, and general welfare can best be served by the exercise of the City's regulatory powers: This. Article 2' is intended to specify the means for providing to the public the best possible cable television services,. and every franchise issued in accordance with this Article 2 is intended to achieve; this' primary objective. It is the further intent of this Article 2 to adopf regulatory provisions that will enable the City to regulate cable television services to the maximum extent authorized by federal and state law. 5.16.050 Franchise Terms and Conditions A. Franchise Purposes A franchise granted by the City under the provisions of this Article 2 may authorize the Grantee to do the following: 1. To engage in the business 'of providing cable television services that are authorized by law and that the Grantee elects to provide to its subscribers within the designated franchise service area. 2. To erect, install, construct, repair, rebuild, reconstruct, replace, maintain, and retain, cable lines, related electronic equipment,, supporting structures, appurtenances, and other property in connection with the operation of the cable system in, on, over, under, upon, along and, across streets and public rights - of -Way within the designated franchise service°area,'° 3. To maintain and operate the franchise properties for the origination, reception, transmission, amplification, and distribution of television and radio signals, and for the delivery of cable services that are authorized by law. B. Franchise Required It is unlawful for any person to construct, install, or operate a cable television system within any street or public way in the City without first obtaining a franchise under the provisions of this Article 2. C. Term of the Franchise 1. A franchise granted under this Article 2 will be for the term specified in the franchise agreement, commencing upon the effective date of the resolution adopted by the City Council that authorizes the franchise. 2. A franchise granted under this Article 2 may be renewed upon application by the Grantee in accordance with the then -applicable provisions of state and federal law and this Article 2. D. Franchise Service Area A franchise is effective within the territorial limits of the City, and within any area added to the City during the term ofthe franchise, unless otherwise specified in the resolution granting the franchise or in the franchise agreement. E. Federal or State Jurisdiction This Article 2 will be construed in a manner consistent with all applicable federal and state laws, and it applies to all franchises granted or renewed after the effective date of this Chapter 5.16, to the extent authorized by applicable law. F. Franchise Non -Transferable 1. Grantee may not sell, transfer, lease, assign, sublet, or dispose of, in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation, or otherwise, the franchise or any of the rights or privileges therein granted, without the prior written consent of the City Council, which consent may not be unreasonably denied or delayed. Any attempt to sell, transfer, lease, assign, or otherwise dispose of the franchise without the written consent of the City Council is null and void. The granting of a security interest in any assets of the Grantee, or any mortgage or other hypothecation, will not be deemed a transfer for the purposes of this subsection. 2. The requirements of subsection (1) apply to any change in control of Grantee. The word "control" as used herein is not limited to the ownership of major stockholder or partnership interests, but includes actual working control in whatever manner exercised. If Grantee is a partnership or a corporation, prior authorization of the City Council is required where ownership or control of twenty-five percent (25%) or more of the partnership interests or of the voting stock of Grantee, or any company in the tier of companies controlling the Grantee, whether directly or indirectly, is acquired by a person or a group of persons acting in concert, none of whom, singularly or collectively, owns or controls those partnership interests or that voting stock of the Grantee, or of Grantee's upper tier of controlling companies, as of the effective date of the franchise. 3. Unless precluded by federal law, Grantee must give prior written notice to the City of any proposed foreclosure or judicial sale of all or a substantial part of the Grantee's franchise property. That notification will be considered by the City as notice that a change in control of ownership of the franchise will take 1 • place, and the provisions Of this paragraph that require the prior written consent of the City Council to that change in control of ownership will apply. 4. ` Forthe purpose of determining whether it, will consent to an acquisition, transfer, or change in control, the City may inquire about the qualifications of the prospective transferee or controlling party, and Grantee must assist the City in that inquiry. In seeking the City's consent to any -change of ownership or control, Grantee or the proposed transferee, or both, must complete Federal Communications Commission Form 394 or its equivalent. This- application must be submitted to the City not"less than 120 days prior to the proposed date of transfer. The transferee must establish that it possesses the legal,financial, and technical capability to remedy all then -existing defaults and deficiencies, and, during the remaining. term of the franchise, to operate and maintainthe cable systemand to comply with all franchise requirements. If the legal, financial, and technical 'qualifications of the proposed. transferee are determined to be satisfactory, then the City will consent to the transfer'of the franchise. 5. - Any financial institution holding a pledge of the Grantee's assets to secure the advance of money for the construction or operation of the franchise property has the right to notify the City that it, or a designee satisfactory to the City, will take control of and operate the cable television system upon Grantee's default in its financial obligations. Further, that financial institution must also submit a plan for such operation within 90 days after assuming control. The plan must ensure continued. service and compliance with all franchise requirements during the period that the financial institution will exercise control over the system. The, financial institution may notexercise control over the system for, a periodexceeding one year unless authorized by the City, in its sole discretion, and during that period ;o f time it will have the right to petition the,City to transfer the franchise; to another Grantee. 6. Unless prohibited by applicable law, Grantee must'. reimburse the City for the City's reasonable review and processing expenses incurred in connection with any transfer or change in"control of the franchise. These expenses may include, without limitation, costs of administrative review, financial, legal, and technical evaluation of the proposed transferee, consultants (including technical and legal experts and all costs incurred by these experts), notice and publication costs, and document preparation expenses. The total amount of these reimbursable expenses may be subject to maximum limits that are specified in the franchise.. agreement between the City and the Grantee. No reimbursement may be offset against` any franchise fee payable to the City during the term of the franchise. G. Geographical Coverage 1;; . Unless otherwise provided in the, franchise agreement, Grantee must design, construct; and maintain the cable television system to have the capability to pass every dwelling unit and commercial building in the franchise service area, subject to any service -area line extension requirements or territorial . restrictions set forth in the franchise agreement. 2. After service has been established by activating trunk or distribution cables for any service area, Grantee must provide standard installations to any requesting. subscriber within that activated part of the service area within seven days from the date of request, or such longer time as may be requested by; the subscriber, provided that the Grantee is able to secure on reasonable terms and conditions all rights-of-way and permits necessary to extend service to that subscriber within that period. Standard installations are defined as installations that are located up to 125 feet from the existing distribution system and do not require trenching to serve. H. Nonexclusive Franchise Every franchise granted is nonexclusive. The City specifically reserves the right to grant, at any time, such additional franchises for a cable television system as it deems appropriate, subject to applicable state and federal law. If an additional franchise is proposed to be granted to a subsequent Grantee, a noticed public hearing must first be held if required under the provisions of Government Code § 53066.3. I. Multiple Franchises 1. The City may grant any number of franchises, subject to applicable state and federal law. The City may limit the number of franchises granted, based upon, but not necessarily limited to, the requirements of applicable law and the following specific local considerations: a. The capacity of the public rights-of-way to accommodate multiple cables in addition to the cables, conduits, and pipes of the existing utility systems, such as electrical power, telephone, gas, and sewerage. b. The benefits that may accrue to subscribers as a result of cable system competition, such as lower rates and improved service. c. The disadvantages that may result from cable system competition, such as the requirement for multiple pedestals on residents' property, and the disruption arising from numerous excavations within the public rights- of-way. 2. The City may require that any new Grantee be responsible for its own underground trenching and the associated costs if, in the City's opinion, the rights-of-way in any particular area cannot reasonably accommodate additional cables. 5.16.060 Franchise Applications and Renewal A. Filing of Applications Any person desiring an initial franchise for a cable television system must file an application with the City. An application fee deposit in an amount established by resolution of the City Council must accompany the application. That application fee deposit will cover all reasonably anticipated costs associated with reviewing and processing the application, including without limitation costs of administrative review, financial, legal, and technical evaluation of the applicant, consultants (including technical and legal experts and all costs reasonably incurred by those experts), notice and publication requirements, and document preparation expenses. If actual costs exceed the application fee deposit, the applicant must pay the difference to the City within 30 days following receipt of an itemized statement of those costs. If actual costs are less than the application fee deposit, the remaining balance will be refunded to the applicant. B. Applications - Contents • An application for an initial franchise for a cable television system must contain, as applicable: 1. A statement describing the proposed franchise service area and an explanation whether this proposed service area is, or will be, a part of a larger regional cluster of franchise service areas: 2. A resume of the applicant's prior history, including the applicant's experience and expertise in the cable television industry. 3.. A list of the partners, general and limited, of the. applicant, if a partnership, or the percentage of stock owned or controlled by each stockholder, if a closely -held corporation. If the applicant is a publicly -owned partnership or corporation,each owner of 10 percent or more of the partnership interests, or of the issued and outstanding capital stock, must be identified. If the, applicant is a limited liability company, the following information must be provided: the address of its principal executive office; the name and business or residence address of each member and of each holder of an economic interest in the limited liability company, together with the contribution and share in profits or losses of each member and holder of an economic interest, the name and business or residence address of any manager or managers and the chief executive officer, if any, appointed or elected in accordance with the articles of organization or operating agreement. 4. A list of officers,:' directors, and managing employees of the applicant,together with a description of the background and qualifications of each such person: 5. A statement concerning the number of people by pp employedthea applicant, whether on a full-time part-time bais. s 6: The names and addresses of any parent or subsidiary of; the applicant, or any other business entity owning or controlling applicant in whole or in part, or that is owned or controlled in whole or in part by the applicant. 7. Financial statements prepared in accordance with generally accepted accounting principles that demonstrate the applicant's_ financial ability, to: a. Construct, operate, maintain, and remove any new physical plant that is proposed to be constructed in the City. Comply with the City's public, educational, b•, and governmental access requirements. c: Comply with the City's requirement that franchise fees,be paid on the applicant's gross revenues derived from the operation of the cable 'system to provide cable services. 8:. An accurate map showing thelocatiori of any existing telecommunications facilities in the City that, the applicant intends to use, to purchase, or to lease: 9. ; A description of the cable services and any other services that will be offered by'the.applicant using existing or proposed facilities. 10. The proposed construction and service schedule, the proposed rate structure for cable services, and the proposed commitment to provide public, educational, and governmental access capacity, services, facilities, and equipment. 11. Any additional information that the City deems to be reasonably necessary to evaluate the applicant's qualifications. C. Consideration of Initial Applications 1. Upon receipt of an application for an initial franchise, the City Manager or the City Manager's designee must prepare a report and make recommendations to the City Council concerning that application. 2. A public hearing will be noticed prior to any initial franchise grant, at a time and date approved by the City Council. Within 30 days after the close of the hearing, the City Council will make a decision, based upon the documents and testimony received at the hearing, whether the franchise should be granted; and, if granted, subject to what conditions. The City Council may grant one or more franchises, or may decline to grant any franchise. D. Franchise Renewal Franchise renewals will be processed in accordance with then - applicable law. The City and Grantee, by mutual consent, may enter into renewal negotiations at any time during the term of the franchise. The City Council may authorize the renewal of a cable television franchise agreement by resolution. 5.16.070 Contents of Cable Television Franchise Agreements A. The provisions of a franchise agreement for the operation of.a cable television system may relate to or include, without limitation, the following subject matters: 1. The geographical area, duration, and nonexclusive nature of the franchise. 2. The applicable franchise fee to be paid to the City, including the percentage amount, the method of computation, and the time for payment. 3. Requirements relating to compliance with and implementation of state and federal laws and regulations pertaining to the operation of the cable television system. 4. Requirements relating to the construction, upgrade, or rebuild of the cable television system, as well as the provision of special services, such as outlets for public buildings, emergency alert capability, and parental control devices. 5. Requirements relating to the maintenance of a performance bond, a security fund, a letter of credit, or similar assurances to secure the performance of the Grantee's obligations under the franchise agreement. 6. Requirements relating to comprehensive liability insurance, workers' compensation insurance, and indemnification. • • 7. Requirements relating to consumer protection and customer service standards, which requirements may include,.' without limitation, compliance with Section 5.16.080, and the statutes, rules, and regulations referenced in that section. 8. Requirements relating to the. Grantee's support of local cable usage, including the provision of public, educational, and governmental access channels, the coverage of public meetings and special events, and financial support for the required access channels. 9. Requirements relating to the Grantee's obligation to provide an institutional network, and channel capacity on that institutional network for educational or governmental use, subject to the City's rulesand procedures for the use of such channel capacity and for compatibility with any telecommunications network that • has been or may be developed by the City. 10: Requirements relating to construction, operation, and maintenance of the cable television system within the City's streetsand public rights- of-way, including compliance with all applicable building codes and permit requirements of the City, the abandonment, removal, or relocation.of facilities, and compliance with FCC technical standards. ro 11. Requirements relating to recordkeeping, accounting procedures, reporting, periodic audits, and performance reviews, the inspection of Grantee's books and records, and reimbursement for technical audits and franchise fee audits under specified circumstances. 12. Acts or omissions constituting material breaches of or defaults under the franchise agreement, and the applicable penalties or remedies for such breaches or defaults, including fines, penalties, liquidated damages, suspension, revocation, and termination. 13. Requirements relating to the:sale, assignment, or other transfer or change in control of the franchise. 14.. . The Grantee's obligation to maintain continuity of service and to authorize, under certain specified circumstances, the City's operation and management of the cable system. 15. , Such additional requirements, conditions, policies, and procedures as may be mutually agreed upon by the parties to the franchise agreement and that will, in the judgment of City staff and the City Council, best serve the public interest`and protect the public health, welfare, and safety. B. If there is any conflict or inconsistency between the provisions of a franchise agreement authorized by the City Council and provisions of. this " chapter, the provisions of the franchise agreement will control. 5.16.080 Consumer Protection and Service Standards A. =Operational Standards 1. Grantee must maintain the necessary facilities, equipment, and personnel to comply with the following consumer protection and service standards under normal operating conditions: a. Sufficient toll-free telephone line capacity during normal business hours to ensure that telephone calls are answered promptly. Telephone answer time by a customer service representative, including wait time, may not exceed 30 seconds when the connection is made. If the call needs to be transferred, transfer time must not exceed 30 seconds. b. Callers may not receive a busy signal more than three percent of the time, measured quarterly. c. Emergency toll-free telephone line capacity on a 24-hour basis, including weekends and holidays. After normal business hours, the telephone calls may be answered by a service or an automated response system, including an answering machine. Calls received after normal business hours must be responded to by a trained company representative on the next business day. d. A conveniently -located local business and service or payment office open during normal business hours at least eight hours daily on weekdays, and at least four hours weekly on evenings or weekends, and adequately staffed with trained customer service representatives to accept subscriber payments and to respond to service requests, inquiries, and complaints. e. An emergency system maintenance and repair staff, capable of responding to and repairing major system malfunctions on a 24- hour per day basis. f. A trained installation staff must provide service to any subscriber requiring a standard installation within seven days after receipt of a request, or such longer time as may be requested by the subscriber, in all areas where trunk and feeder cable have been activated. g. The Grantee must schedule, within a specified four-hour time period Monday through Saturday (legal holidays excluded), all appointments with subscribers for installation of service, service calls, and other activities at the subscriber's location. The Grantee may schedule installation and service calls outside of normal business hours for the convenience of the subscriber. The Grantee may not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment. If a Grantee representative is delayed in keeping an appointment with a subscriber and will not be able to honor the scheduled appointment, the subscriber must be contacted prior to the time of the scheduled appointment, and the appointment must be rescheduled, as necessary, at a time that is convenient for the subscriber. The Grantee must undertake appropriate quality control measures to ensure that the customer is satisfied with the work. h. Subscribers who have experienced a late or a missed appointment due to the fault of the Grantee will receive either a free installation or a $20 credit. i. Upon a subscriber's request, the Grantee will arrange for pickup or replacement of converters or other equipment provided by the • • Grantee at the subscriber's address within 14 days after the request is made if the subscriber is mobility -limited. 2. Under normal operating conditions, the standards of subparagraphs (a), (b), (c), (f) and (g) above must be met not less than ninety percent of the time, measured on a quarterly basis. B. ,Service.Standards 1. The Grantee will render efficient' service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Except in emergency situations, scheduled interruptions will, occur during a period of minimum use of the cable system, preferably between midnight and 6:00 a.m. Unless the scheduled interruption lasts for no more. than two hours and occurs between, midnight and 6:o0: a.m. (in which event 24 -hours prior notice must be given to the City), 48 -hours prior notice must be given to subscribers. 2. The Grantee will maintain a repair force of technicians who will respond to subscriber requests for service within the following time frames:. a. For a system outage: Within two hours, including weekends, after receiving subscriber calls or requests for service that by number identify a system outage of sound or picture on one or more channels, affecting five or more subscribers to the system.. b: For, an isolated outage: Within 24 hours, including weekends, after receiving requests for service identifying an isolated outage of sound or picture on one or more channels. c. For inferior signal quality: No later than the following business day, excluding Sundays and holidays, after a request for service identifying a problem concerning picture or sound. quality.' , 3. ' The Grantee will be deemed to have responded to a request for service under the provisions of this paragraph (B) when a technician arrives at the service location and begins work on a problem that cannot be corrected from a remote location. If a subscriber is not home when the technician arrives; the technician must leave written notification of arrival. . 4. The Grantee -may not charge for the repair or replacement of defective or malfunctioning equipment provided by the Grantee to subscribers, unless the defect or malfunction was caused by the subscriber. 5. The Grantee must determine the nature of the problem within 24 hours after commencing'work and resolve all cable system related problems within three business days, unless technically infeasible C. Billing and Information Standards 1. Subscriber bills must be clear, concise, and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills also must clearly delineate all activity during the billing period, including optional charges, rebates, and credits. 2. The first billing to a subscriber after a new installation or service change must be prorated based upon when the new or changed service commenced. Subscribers must not be charged a late fee or otherwise penalized. for any failure attributable to the Grantee, including the failure to timely or correctly bill the subscriber. 3. In case of a billing dispute, the Grantee must respond in writing to a written complaint from a subscriber within 30 days after receiving the complaint at the office specified on the billing statement for receiving that complaint. 4. Upon request by a subscriber, credits or refunds must be provided by Grantee to subscribers who experience an outage, interruption, or disconnection of service of four or more consecutive hours, provided that such loss of service is neither caused by the subscriber nor attributable to scheduled repairs, maintenance, or construction in circumstances where Grantee has provided advance written notice to subscriber, and the loss of service does not exceed the time period specified by Grantee. For subscribers terminating service, credits or refunds must be issued promptly, but no later than 30 days after the return of any Grantee -supplied equipment. 5. The Grantee must provide written information on each of the following matters at the time of the installation of service, at least annually to all subscribers, and at any time upon request: a. Products and services offered. b. Prices and options for programming services and conditions of subscription to programming and other services. policies. on the system. c. Installation and service maintenance d. Instructions on the use of the cable service. e. Channel positions of programming carried f. Billing and complaint procedures, including the address and telephone number of the City's office designated for dealing with cable -related issues. and penalties for noncompliance. 6. Subscribers must be notified in writing of any changes in rates, programming services, or channel positions as soon as possible. Notice must be given to subscribers a minimum of 30 days in advance of those changes if the change is within the control of the Grantee. In addition, Grantee will endeavor to notify Grantor of those changes at least five working days before subscribers are notified. g• Consumer protection and service standards • • 7. The Grantee must maintain a public file containing all written notices provided to subscribers under these consumer protection and service standards and all published promotional offers made by Grantee to subscribers. These documents,must be maintained for a minimum period of two years.. D. Verification of Compliance with Standards 1. Upon 30 days prior written notice, the City may require the Grantee to provide a written report demonstrating its compliance with any of the consumer; service standards specified in this section. The Grantee must provide • sufficient documentation to enable the City to verify compliance. 2. A repeated and verifiable pattern of noncompliance with the consumer protection and service standards ofthis section, after the Grantee's receipt of written notice and an opportunity to cure, may be deemed a material breach of the franchise agreement. E. Subscriber Complaints and Disputes 1. The Grantee must establish written procedures for receiving, acting upon, and resolving subscriber complaints without intervention by the City: The written procedures must prescribe the manner in which a subscriber- may submit a complaint, either orally or in writing, specifying the subscriber's grounds for dissatisfaction. The Grantee must file a copy of these procedures with the City. These procedures must include a requirement consistent with Section 5.16.080(C)(3). 2. Upon request, and subject to applicable law protecting subscriber privacy; rights, the City has the right to review the Grantee's response to subscriber complaints. 3. All subscribers have the right to continue receiving service so long as their financial and other obligations to the Grantee"are honored. If the:: Grantee elects to rebuild, modify, or sell the system, or if the City gives notice of intent to terminate or not to renew the franchise, the Grantee must act to ensure that all subscribers receive service while the franchise remains in force. 4. Upon °a change of control of the Grantee, or if a new operator acquires the cable system, the original Grantee must cooperate with the City, the new Grantee, or the new operator in maintaining continuity of service to all subscribers. During that transition period, the Grantee is entitled to the revenues derived from its operation of the cable system. F. Disconnection and Downgrades;, 1. A subscriber may terminate or downgrade serviceat any time, and the Grantee must promptly comply with the subscriber's request within seven days or at any later time requested by the subscriber. No period of notice prior to voluntary termination or downgrade of service may be required of subscribers. Grantee will impose no charges for the voluntary termination of all services unless a visit to the subscriber's premises is required to remove a converter box or other equipment or property owned by Grantee. Grantee may, in accordance with applicable law, charge a fee to downgrade service if a service call is required. 2. The Grantee may disconnect a subscriber's service in compliance with paragraphs (i), (j), and (k)of Section 53088.2 of the California Government Code. If service is disconnected for nonpayment of past due fees or charges, the Grantee must promptly reinstate service upon payment in full by the subscriber of all such fees and charges, including late charges. 3. Notwithstanding the requirements of subsection (2) above, the Grantee may immediately disconnect service to a subscriber if the subscriber is damaging or destroying the Grantee's cable system or equipment. 4. The Grantee may also disconnect service to a subscriber when service causes signal leakage exceeding federal limits. If service is disconnected, the Grantee will immediately resume service without charge upon the satisfactory correction of the signal leakage problem if the signal leakage problem is attributable to the Grantee. 5. The Grantee may also disconnect service in cases where customers are stealing service or have threatened Grantee's personnel with • physical violence. 6. Upon termination of service to a subscriber, the Grantee will endeavor to remove its equipment from the subscriber's premises within 30 days. G. Negative Option Billing Prohibited. No charge may be imposed for any service or equipment that the subscriber has not affirmatively selected. Payment of the regular monthly bill will not by itself constitute an affirmative selection. H. Deposits. Grantee may require a reasonable, nondiscriminatory deposit on equipment provided to subscribers. Such deposits must be placed in an interest-bearing account. The deposit must be returned, with interest earned to the date of repayment, within 30 days after the equipment is returned to the•Grantee. I. Parental Control Option. Grantee must provide parental control devices at no charge to all subscribers who desire to block the video or audio portion of any pay channels providing adult programming that the subscriber finds objectionable. For other programming, such devices will be provided at a reasonable charge to the subscriber. J. Additional Requirements 1. All officers, agents, and employees of the Grantee, or of its contractors or subcontractors, who, in the normal course of work come into contact with members of the public, or who require entry onto subscribers' premises, must display a photo- identification card. The Grantee must account for all identification cards at all times. All vehicles of the Grantee or its subcontractors must be clearly identified as vehicles engaged in providing services for the Grantee. 2. In addition to the consumer protection and service standards specified in this Section 5.16.080, the franchise agreement with a Grantee may require compliance with the following: a. Federal statutes, and the rules, regulations, and orders of the Federal Communications Commission, including the following: • • (i) The provisions of Section 76.630 of Title 47 of the Code of Federal Regulations as it now exists or may later be amended, which relate to compatibility with consumer electronics, equipment. (ii)' , The provisions of Section 551 of Title 47, United States Code, as it now exists or may later be amended, which relate to the protection of subscriber privacy. b. The provisions of California Government Code Sections 53054, et q, entitled the "Cable Television and Video Provider Customer Service and Information Act." The provisions of California Government Code Section 53088, et sem:, entitled the `"Video `Customer Service Act." d.' The provisions of California Civil Code Section 1722(b)(1)-(6), which relate to service or repair transactions between cable television companies and their subscribers e.- The provisions of California Penal Code Section 637.5, which relate to subscribers' rights to privacyprotection. 3. If there is any conflict or inconsistency between a consumer protection and service standard specified in this Section 5.16.080, and a standard set forth in the statutes, rules, regulations, and orders that are referenced above in subsection (2), then the standard that is specified in this Section 5.16.080 will apply to the extent authorized by applicable law. K. Penalties for Noncompliance 1. Purpose. The purpose of this paragraph is to authorize monetary penalties for the violation of the customer service standards established by this section in a manner consistent with the Video Customer Service Act (Government Code Sections 53088 et seq) and pursuant to the City's inherent police powers. The imposition ofpenalties authorized by this paragraph (K) will not prevent the City or any other affected party from exercising any other remedy to the extent permitted bylaw:;:,. Administration and Appeals. " a. ` The. City Manager or the City Manager's designee is authorized toadminister this paragraph (K)): Decisions by the City Manager to assess monetary penalties against the Grantee must be in .writing and must contain findings supporting -the decisions. Decisions by the City Manager are final, unless appealed to the City Council. b. If the Grantee or any interested person is aggrieved by a decision of the City Manager, the aggrieved party may, within 10 days of the written decision, appeal that decision in writing to the City Council. The appeal letter must be accompanied by the fee established by the City, Council,. for processing the appeal. The City Council may affirm, modify, or reverse the decision of the City Manager. c. Schedule of Penalties. The following schedule of monetary penalties may be assessed against the Grantee for the material breach of the provisions of the customer service standards set forth in this section, provided that the breach is within the reasonable control of the Grantee: (i) For a first material breach: the maximum penalty is $200 for each day of material breach, but not to exceed a cumulative total of $600 for each occurrence of the material breach. (ii) For a second material breach of the same nature within a 12 -month period for which the City has provided notice and a penalty has been assessed, the maximum penalty is $400 for each day of the material breach, but not to exceed a cumulative total of $1200 for each occurrence of the material breach. (iii) For a third or further material breach of the same nature within a 12 -month period for which the City has provided notice and a penalty has been assessed, the maximum penalty is $1000 for each day of the material breach, but not to exceed a cumulative total of $3000 for each occurrence of the material breach. (iv) The maximum penalties referenced above may be increased by any additional amount authorized by state law. d. Judicial Remedy. This paragraph does not preclude any affected party from pursuing any judicial remedy available to that party without regard to this paragraph (K). e. Notification of Breach. The City must give the Grantee written notice of any alleged breach of the consumer service standards and allow the Grantee at least 30 days, or such longer time as may be reasonably necessary to cure, from receipt of the notice to remedy the specified breach. For the purpose of assessing penalties, a material breach is deemed to have occurred for each day, following the expiration of the period for cure specified herein, that any breach has not been remedied by the Grantee, irrespective of the number of subscribers affected. f. Limitations. With respect to any Grantee that operates under a franchise or license agreement with the City, any monetary penalties assessed under this paragraph (K) must be reduced dollar for dollar to the extent that any liquidated damage or penalty provision of the franchise or license agreement imposes a monetary obligation on the Grantee for the same customer service failure, and no other monetary damages may be assessed for that customer service failure. ARTICLE 3. OPEN VIDEO SYSTEMS 5.16.090 Applicability The provisions of this Article 3 apply. to an open video system operator, as defined below in Section 5.16.170 of Article 5, that intends to deliver video programming to consumers in the City over an open video system. • 5.16.100 Application Required A. Before commencing the delivery of video programming services to consumers in the City over an open video system, the open video system operator must file an application with the City. That application must include or be accompanied by the following, as applicable: 1. . The identity of the applicant, including all affiliates of the applicant. 2. Copies of FCC Form 1275, all "Notices of Intent" filed under 47 CFR 76.1503(b)(1), and the Order of the FCC, all of which relateto certification, of the applicant to operate an open video system in the City in accordance with Section 653(a)(1) of the Communications Act and the FCC's rules. 3: The area or areas of the City that the applicant • proposes to serve. 4. A description of the open video system services that will be offered by the applicant over its existing or proposed facilities. 5. A description of the transmission medium that will be used by the applicant to deliver the open video system services. 6.. Information in sufficient detail to establish the applicant's technical qualifications, experience, and expertise regardingthe ownership and operation of the open video system described in the application. 7... Financial statements prepared in accordance with ' generally accepted accounting principles that demonstrate the applicant's financial ability to: a. Construct, operate, maintain and remove any new physical plant that is proposed to be constructed in the City. governmental access requirements specifieComply below theth Section public,.61 e0(B)(4)onal; and ov Section 5.16..120(B)(4)." c. Comply with the City's requirement that gross revenue fees be paid in the maximum amount authorized under federal law, as specified below in Section 5.16.120(B)(2), 8 An accurate map `showing the location of any existing telecommunications facilities in the City that, the applicant intends to use, to purchase, or to lease. 9. If the applicant's operation of the open video system will require'the construction of new physical plant in the City, the following.. additional information must be provided: completion dates. Kpreliminary construction schedule and b. Preliminary engineering plans, specifications, and a network map of any new facilities to be constructed in the City, in sufficient detail to identify: the applicant's proposed facilities. (i} The location and route requested for (ii) The locations, if any, for interconnection with the facilities of other video and telecommunications service providers. (iii) The specific structures, improvements, facilities, and obstructions, if any, that the applicant proposes to remove or relocate on a temporary or permanent basis. d. The applicant's statement that, in constructing any new physical plant, the applicant will comply with all applicable ordinances, rules, and regulations of the City, including the payment of all required permit and processing fees. 10. The information and documentation that is required to be submitted to the City by a video provider, as specified below in paragraph (B) of Section 5.16.140. 11. Such additional information as may be requested by the City Manager to evaluate the applicant's qualifications. 12. An application fee deposit in an amount established by resolutionof the City Council. B. If any item of information specified above in paragraph (A) is determined under federal or state law to be unlawful, the City Manager is authorized to waive the requirement that such information be included in the application. 5.16.110 Review of the Application Within 30 days after receipt of an application filed under Section 5.16.100 that is deemed to be complete, the City Manager will give written notice to the applicant of the City's intent to negotiate an agreement setting forth the terms and conditions under which the operation of the proposed open video system will be authorized by the City. The commencement of those negotiations will be on a date that is mutually acceptable to the City and to the applicant. 5.16.120 Agreement Required A. No video programming services may be provided in the City by an open video system operator unless the operator and the City have executed a written agreement, which may be designated as a franchise, setting forth the terms and conditions under which the operation of the proposed open video system will be authorized by the City. That agreement may be authorized and approved by resolution of the City Council. B. The agreement between the City and the open video system operator may contain terms and conditions that relate to the following subject matters, to the extent that such terms, conditions,,. and subject matters are not preempted by federal law or regulations: 1. The nature, scope, and duration of the agreement, including provisions for its renewal or extension. - 2. The obligation of the open video system operator to pay to the City, at specified times and in lieu of the franchise fees permitted under Section 622 of the Communications Act, fees on the gross revenue received by the , operator, as, authorized by 47 CFR 76.1511, in accordance with the following standards and procedures: a. The amount of the fees on the gross revenue will be the maximum amount authorized by Section 653(c)(2)(B) of the Communications Act, -which is the rate imposed by the City on the existing franchised cable operator. b. The term "gross revenue" has the meaning set forth in 47 CFR 76.1511, and includes: (i) all gross revenue received by an open video system operator or its affiliates, including all revenue received from subscribers and all carriage revenue received from unaffiliated video programming providers; and (ii) all advertising revenue received by the operator'orits affiliates in connection with the provision of video programming, where such revenue is included in the calculation of the cable franchise fee paid to the City by the incumbent franchised cable operator. The term "gross revenue" does not include revenue, such as subscriber or advertising revenue, collected by unaffiliated video programming providers. 3. The obligation of the open video system operator to comply with requirements relating to information collection and recordkeeping, accounting procedures, reporting, periodic audits, and inspection of records in order to ensure the accuracy of the fees on the gross revenue that are required to be paid as specified above in paragraph (B)(2). 4. The obligation of the open video system operator to meet the City's requirements with respect to public, educational, and governmental access channel capacity, services, facilities, and equipment, as provided for in 47 CFR 76.1505. In this regard, the following standards and procedures apply: a. The open video system operator is subject to the same public, educational, and governmental access requirements that apply within the„ cable television franchise service area with which its system overlaps. b:' The' open video system operator must ensure that all subscribers receive all public, ,educational, and governmental access channels. within the franchise service area in which the City's subscribers are located, C. , - The open video system operator may negotiate with the City to establish the, operator's obligations with respect to public, educational, and governmental access channel capacity, services, facilities, and equipment. These negotiations may include the City's franchised cable operator if the City, the open video system operator, and the franchised cable operator so desire. d. If the open video systemoperator and the City are unable to reach an agreement regarding the operator's obligations with respect to public, educational, and governmental access channel capacity, services, facilities, and equipment within the City's jurisdiction, then the following obligations will be imposed: (i) The open video system operator must satisfy the same public, educational, and governmental access obligations as the City's franchised cable operator by providing the same amount of channel capacity for public, educational, and governmental access and by matching the City's franchised cable operator's annual financial contributions in support of public, educational, and governmental access services, facilities, and equipment that are actually used by the City. For in-kind contributions, such as cameras or production studios, the open video system operator may satisfy its statutory obligation by negotiating mutually agreeable terms with the City's franchised cable operator, so that public, educational, and governmental access services to the City are improved or increased. If such terms cannot be agreed upon, the open video system operator must pay to the City the monetary equivalent of the franchised cable operator's depreciated in-kind contribution, or, in the case of facilities, the annual amortization value. Any matching contributions provided by the open video system operator must be used to fund activities arising under Section 611 of the Communications Act. (ii) The City will impose upon the open video system operator the same rules and procedures that it imposes upon the franchised cable operator with regard to the open video system operator's use of channel capacity designated for public, educational, and governmental access use when that capacity is not being used for such purposes. e. The City's franchised cable operator is required under federal law to permit the open video system operator to connect with its public, educational, and governmental access channel feeds. The open video system operator and the franchised cable operator may decide how to accomplish this connection, taking into consideration the physical and technical characteristics of the cable and the open video systems involved. If the franchised cable operator and the open video system operator cannot agree on how to accomplish the connection, the City has the right to decide. The City may require that the connection occur on City -owned property or on public rights-of-way. f. All costs of connection to the franchised cable operator's public, educational, and governmental access channel feed must be borne by the open video system operator. These costs will be counted towards the open video system operator's matching financial contributions set forth above in subparagraph (d)(i). g. The City will not impose upon the open video system operator any public, educational, or governmental access obligations that are greater than those imposed upon the franchised cable operator. h. If there is no existing franchised cable operator, the provisions of 47 CFR 76.1505(d)(6) will be applicable in determining the obligations of the open video system operator. i. The open video system operator must adjust its system to comply with new public, educational, and access obligations imposed on the City's franchised cable operator following a renewal of the cable television franchise; provided, however, that the open video system operator will not be required to displace other programmers using its open video system to accommodate public, educational, and • governmental access channels. The open video system operator must comply with those new public, educational, and governmental access obligations whenever additional capacity is or becomes available, whether it is due to increased channel capacity or to decreased demand for channel capacity. 5. If the City and the open video system operator cannot agree on the application of the FCC's rules regarding the open video system operator's obligations to provide public, educational,- and governmental access under the provisions of subsection (4) set forth above, then either party may file a complaint with the FCC in accordance with the dispute resolution procedures set forth in 47 CFR 76.1514. No agreement will be executed by the City until the dispute has been finally resolved. 6. Ifthe'open video systemoperator intends to maintain an institutional network, as defined in Section 611(f) of the Communications Act, the City will require that educational and governmental access channels be designated on that institutional network to the same extent that those channels are designated on the institutional network of the City''sfranchised cable operator. In addition, to the extent authorized by federal law, the open video system operator may be required by the City to satisfy the same financial obligations and other requirements that are imposed upon the franchised cable operator to support data -transmission and related services that are provided by the institutional network. 7... The authority of an open video system operator to. exercise editorial control over any public, educational, orgovernmental use of channel capacity will be restricted in accordance with the provisions of 47 CFR 76.1505(f). 8. The obligation of the open video system operator to comply with all applicable federal, state, and local statutes, ordinances, and regulations relating to customer service standards, including those referenced in Section 5.16.080 of Article 2 of this chapter. 9. If new physical plant is proposed to be constructed within the City, the obligation of the open video system operator to comply with the following rights-of-way use and management responsibilities that are also imposed by the City upon other video and telecommunications service providers in a nondiscriminatory and competitively neutral manner: a: Compliance with all applicable City codes, including applications for excavation, encroachment,and construction permits, and the - payment of all required permit and inspection fees. b. The coordination of construction activities. c. Compliance with established standards and procedures for constructing lines across private property. - and indemnification requirements. damaged streets. Compliance with all applicable insurance The repair and resurfacing of construction f. Compliance with all public safety requirements that are applicable to cable television and telecommunications service providers using public property or public rights-of-way. 10. Acts or omissions constituting breaches or defaults of the agreement, and the applicable penalties, liquidated damages, and other remedies, including fines or the suspension, revocation, or termination of the agreement. 11. Requirements relating to the sale, assignment, or transfer of control of the open video system. 12. Requirements relating to the open video system operator's compliance with and implementation of state and federal laws, rules, and regulations pertaining to the operation of the open video system. 13. Such additional requirements, conditions, terms, policies, and procedures as may be mutually agreed upon by the City and the open video system operator and that will, in the judgment of the City Council, best serve the public interest and protect the public health, welfare, and safety. ARTICLE 4. OTHER VIDEO AND TELECOMMUNICATIONS SERVICES AND SYSTEMS 5.16.130 Other Multichannel Video Programming Distributors The term "cable system," as defined in federal law and as set forth below in Section 5.16.170 of Article 5, does not include a facility that serves subscribers without using any public rights-of-way. Consequently, the categories of multichannel video programming distributors identified below are not deemed to be "cable systems" and are therefore exempt from the City's franchise, lease, and license requirements and from certain other local regulatory provisions authorized by federal law, provided that their distribution or transmission facilities do not involve the use of the City's public rights-of-way. A. Multichannel multipoint distribution service ("MMDS"), also known as "wireless cable," which typically involves the transmission by an FCC - licensed operator of numerous broadcast stations from a central location using line -of - sight technology. B. Local multipoint distribution service ("LMDS"), another form of over -the -air wireless video service for which licenses are auctioned by the FCC, and which offers video programming, telephony, and data networking services. C. Direct broadcast satellite ("DBS"), also referred to as "direct -to -home satellite services," which involves the distribution or broadcasting of programming or services by satellite directly to the subscriber's premises without the use of ground receiving or distribution equipment, except at the subscriber's premises or in the uplink process to the satellite. Local regulation of direct -to -home satellite services is further proscribed by the following federal statutory provisions: 1. 47 U.S.C. § 303(v) confers upon the FCC exclusive jurisdiction to regulate the provision of direct -to -home satellite services. 2. Section 602 of the Telecommunications Act of 1996 states thata provider of direct -to -home satellite service is exempt from the•collection or remittance, or both, of any tax or fee imposed by any local taxing jurisdiction on direct - to -home satellite service. The terms "tax" and "fee". are defined by federal statute to mean any local sales tax, local use tax, local intangible tax, local income tax, business license tax, utility tax, privilege tax, gross receipts tax, excise tax, franchise fees, local telecommunications tax, or any other tax, license; or fee that is imposed for the privilege of doing business, regulating, or raising revenue for a local taxing jurisdiction. 5.16.140 Video Providers - Registration; Customer Service Standards A. Unless the customer protection and service obligations of a video provider, as that term is defined in Section 5.16.170 of Article 5, are specified in a franchise, license, lease, or similar written agreement with the City, a video provider must comply with all applicable provisions of the following state statutes: • 1. The Cable Television and Video Customer Service and Information Act (Government Code §§ 53054, et semc .). Code §§" 53088, et sm.). B. All video providers that are operating in the City on the effective date of this Chapter 5.1,6, or that intend to operate in the City after the effective date of this chapter, and are not required under applicable law to operate under a franchise, license, lease, or similar written agreement with the City, must register with the City. The registration form must include or be accompanied by the following: 1. The video provider's name, address, and local 2. The Video Customer Service Act (Government telephone numbers. 2. The names of the officers of the video provider. 3. A copy of the video provider's written policies and procedures relating to customer service standards and the handling of customer complaints, as required by Government Code §§ 53054, et seq. These customer service standards must include, without limitation, standards regarding the following: a. Installation, disconnection, service and repair obligations, employee identification, and service call response time and scheduling. Customer telephone and office hours. Procedures for billing, charges, refunds, and Procedures for termination of service. e. Notice of the deletion of a programming service, a change in channel assignments, or an increase in rates. bill dispute resolution. f. Complaint procedures and procedures for g. The video provider's written acknowledgment of its obligation under Government Code §53055.1 to provide to new customers a notice describing the customer service standards specified above in subparagraphs (a) through (f) at the time of installation or when service is initiated. The notice must also include, in addition to all of the information described above in subparagraphs (a) through (f), all of the following: (i) A listing of the services offered by the video provider that clearly describes all levels of service and the rates for each level of service. (ii) The telephone number or numbers through which customers may subscribe to, change, or terminate service, request customer service, or seek general or billing information. (iii) A description of the rights and remedies that the video provider may make available to its customers if the video provider does not materially meet its customer service standards. h. The video provider's written commitment to distribute annually to its employees and customers, and to the City, a notice describing the customer service standards specified above in subparagraphs (a) through (f). This annual notice must include the report of the video provider on its performance in meeting its customer service standards, as required by Government Code § 53055.2. 4. Unless a video provider is exempt under federal law from its payment, a registration fee in an amount established by resolution of the City Council to cover the reasonable costs incurred by the City in reviewing and processing the registration form. 5. In addition to the registration fee specified above in subsection (4), the written commitment of the video provider to pay to the City, when due, all costs and expenses reasonably incurred by the City in resolving any disputes between the video provider and its subscribers, which dispute resolution is mandated by Government Code § 53088.2(o). C. The customer service obligations imposed upon video providers by the Video Customer Service Act (Government Code §§53088 et sq.) consist of the following: 1. Every video provider must render reasonably efficient service, make repairs promptly, and interrupt service only as necessary. 2.. All video provider personnel contacting subscribers or potential subscribers outside the office of the provider must be clearly identified as associated with the video provider. 3. At the time of installation, and annually thereafter, all video providers must provide to all customers a written notice of the programming offered, the prices for that programming, the provider's installation and customer service policies, and the name, address, and telephone number of the City's office that is designated for receiving complaints. • • • 4. All video providers must have knowledgeable, qualified company representatives available to respond to customer telephone inquiries Monday through Friday, excluding holidays, during normal business hours. 5.- All video providers must provide to customers a toll-free or local telephone number for installation, service, and complaint calls. These calls must be answered promptly by the video providers. accurate and understandable. All video providers must render bills that are 7. All video providers must respond promptly to a complete outage in a customer's service. The response must occur within 24 hours of the reporting of that outage to the provider, except in those situations beyond the reasonable control of the video provider. A video provider will be deemed to respond to a complete outage when a company representative arrives; at the outage location within 24 hours and begins to resolve .the problem. 8. , All video providers must provide a minimum of 30 days' written notice before increasing rates or deleting channels. All video providers must make every reasonable effort to submit the notice to the City in advanceof its distribution to customers. The 30 -day notice is waived if the increases in rates or deletion of channels are outside the control of the video provider. In those cases, the video provider must make reasonable efforts to provide customers with as much notice as possible. 9. All video providers must allow every residential customer who pays his or her bill directly to the video provider at least 15 days from the date the bill for services is mailed to the customer, to pay the listed charges unless otherwise agreed to: pursuant to a residential rental agreement establishing tenancy. Customer payments must be postedpromptly. No video provider may terminate residential service for nonpayment of a delinquent; account unless the video provider furnishes notice of the delinquency ° and impending termination at least 15 days prior to the proposed termination.. The notice must be mailed, postage prepaid, to the customer to whom the service is billed. Notice must not be mailed until the 16th day after the date the bill for services was mailed to the customer. The notice of delinquency and impending termination may be part of a billing statement. No video provider may assess a late fee any earlier than the 22nd day after the bill for service has been mailed. 10. Every notice of termination of service pursuant to the preceding subsection (9) must include all of the following information: whose account is delinquent. a. • The name and address of the customer b. The amount: of the delinquency. c. The date by which payment is required in order to avoid termination of service. d: The telephone number of a representative of the video provider whocan provide additional information°and handle complaints or initiate an investigation concerning the service and charges in question. Service may only be terminated on days in which the customer can reach a representative of the video provider either in person or by telephone. 11. Any service terminated without good cause must be restored without charge for the service restoration. Good cause includes, but is not limited to, failure to pay, payment by check for which there are insufficient funds, theft of service, abuse of equipment or system personnel, or other similar subscriber actions. 12. All video providers must issue requested refund checks promptly, but no later than 45 days following the resolution of any dispute, and, if service is terminated, following the return of the equipment supplied by the video provider. 13. All video providers must issue security or customer deposit refund checks promptly, but no later than 45 days following the termination of service, less any deductions permitted by law. 14. Video providers must not disclose the name and address of a subscriber for commercial gain to be used in mailing lists or for other commercial purposes not reasonably related to the conduct of the businesses of the video providers or their affiliates, unless the video providers have provided to the subscriber a notice, separate or included in any other customer notice, that clearly and conspicuously describes the subscriber's ability to prohibit that disclosure. Video providers must provide an address and telephone number for a local subscriber to use without toll charge to prevent disclosure of the subscriber's name and address. D. As authorized by Government Code §53088(q), the following schedule of penalties is adopted. These penalties may be imposed for the material breach by a video provider of the consumer protection and service standards that are set forth above in paragraph (C), provided that the breach is within the reasonable control of the video provider. These penalties are in addition to any other remedies authorized by this chapter or by any other law, and the City has discretion to elect the remedy that it will apply. The imposition of penalties authorized by this paragraph (D) will not prevent the City or any other affected party from exercising any other remedy to the extent permitted by law, including but not limited to any judicial remedy as provided below in subsection (2). 1. Schedule of Penalties. a. For a first material breach: the maximum penalty is $200 for each day of material breach, but not to exceed a cumulative total of $600 for each occurrence of material breach, irrespective of the number of customers affected. b. For a second material breach of the same nature for which a monetary penalty was previously assessed within the preceding 12 - month period: the maximum penalty is $400 per day, not to exceed a cumulative total of $1,200 for each occurrence of the material breach, irrespective of the number of customers affected. c. For a third or further material breach of the same nature for which a monetary penalty was previously assessed within the preceding 12 -month period: the maximum penalty is $1,000 per day, not to exceed a cumulative • total of $3,000 for each occurrence of the material breach, irrespective of the number of customers affected. d: For the failure of a video provider to distribute the annual notice required by Government Code 53055.1: the maximum penalty is $500 for each year in which the notice isnot distributed as required by state statute. e: The maximum penalties referenced above may be increased by any additional amount authorized by state law. 2. Judicial Remedies Not Affected. The imposition of penalties in accordance; with. the provisions of. subsection (1) above does not preclude any affected party from pursuing any judicial remedy that is available to that party. 3: Administration,. Notice, and Appeal. a. The City Manager or the City Manager's r designee is authorized to administer this paragraph (D). Decisions by the City Manager to assess penalties against a video provider must be inwriting and must contain findings supporting the decisions. Decisions by the City Manager are final, unless appealed to the City Council. b. .If the video provider or any interested person is aggrieved by a decision of the City Manager, ,the aggrieved party may, within 10 days of the written decision, appeal that decision in writing to the, City Council. The appeal letter must be accompanied by the fee established by the City Council for processing the appeal. The City Council may affirm, modify, or reverse the decision of the City Manager. c. The imposition of monetary penalties under subsection (1) above is subject to the following requirements and limitations: (i) The City must give the video provider written notice of any alleged material breach and must allow the video provider at least 30 days from receipt of that notice to remedy the breach.:, (ii) Forthe purpose of assessing z; monetary penalties, a material breach will be deemed to have occurred for each day, following the expiration of the period for cure specified in subparagraph (i) above, that the material breach has not been remedied by the video provider, irrespective of the number of customers affected. 5.16.150 Antennas For Video and Telecommunications Services Chapter 17.4..6 of Title 17 of this Code sets forth the City's regulatory requirements relating to the siting andconstruction of antennas, television aerials, satellite dishes, and similar devices that are commonly used in providing or receiving video and telecommunications services. Corporations 5.16.160 Telecommunications Service Provided By Telephone A. The City Council finds and determines as follows: 1. The federal Telecommunications Act of 1996 preempts and declares invalid all state rules that restrict entry or limit competition in both local and long-distance telephone service. 2. The California Public Utilities Commission ("CPUC") is primarily responsible for the implementation of local telephone competition. The CPUC issues certificates of public convenience and necessity to new entrants that are qualified to provide competitive local telephone exchange services and related telecommunications service, whether using their own facilities or the facilities or services provided by other authorized telephone corporations. 3. Section 234(a) of the California Public Utilities Code defines a "telephone corporation" as "every corporation or person owning, controlling, operating, or managing any telephone line for compensation within this state." 4. Section 616 of the California Public Utilities Code provides that a telephone corporation "may condemn any property necessary for the construction and maintenance of its telephone line." 5. Section 2902 of the California Public Utilities Code authorizes municipal corporations to retain their powersof control to supervise and regulate the relationships between a public utility and the general public in matters affecting the health, convenience, and safety of the general public, including such matters as the use and repair of public streets by any public utility and the location of the poles, wires, mains, or conduits of any public utility on, under, or above any public streets. 6. Section 7901 of the California Public Utilities Code authorizes telephone and telegraph corporations to construct telephone or telegraph lines along and upon any public road or highway, along or across any of the waters or lands within this state, and to erect poles, posts, piers, or abutments for supporting the insulators, wires, and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the road or highway or interrupt the navigation of the waters. 7. Section 7901.1 of the California Public Utilities Code confirms the right of municipalities to exercise reasonable control over the time, place, and manner in which roads, highways, and waterways are accessed, which control must be applied to all entities in an equivalent manner. Nothing in Section 7901.1 adds to or subtracts from any existing authority that municipalities have with respect to the imposition of fees. 8. Section 50030 of the California Government Code provides that any permit fee imposed by a city for the placement, installation, repair, or upgrading of telecommunications facilities, such as lines, poles, or antennas, by a telephone corporation that has obtained all required authorizations from the CPUC and the FCC to provide telecommunications services, must not exceed the reasonable costs of providing the service for which the fee is charged, and must not be levied for general revenue purposes. • B. In recognition of and in compliance with the, statutory authorizations and requirements set forth above in paragraph (A), the following regulatory provisions are applicable to a telephone corporation that desires to provide telecommunications service by means of facilities that are proposed to be constructed, within the City's public. rights-of-way: 1: The telephone corporation must apply for and obtain, as may be applicable, an excavation permit, an encroachment permit, or a building permit ("ministerial permit.") 2: In addition to the information required by this Code in connection' with an application for a ministerialpermit, a telephone corporation must submit to the City the following supplemental information: a:. A copy of the certificate .of public convenience and necessity issued by the CPUC to the,applicant, and a copy of the CPUC decision that authorizes the applicant. to provide the telecommunicationsservice for which the facilities are proposed to be constructed in the City's public rights-of-way. Any applicant that, prior to 1996, provided telecommunications service under administratively equivalent documentation issued by the CPUC may submit copies of that documentation in lieu of a certificate of public convenience and necessity: b." If the applicant has obtained from the CPUC a certificate of public convenience and necessity to operate as a "competitive local carrier," the following additional requirements are applicable:. (i) As required by Decision No. 95-12- 057 of the CPUC, the applicant must establish that it has filed with the City in a timely manner, a quarterly report that describes the type of construction and the location of each construction project proposed to be undertaken in the City during the calendar quarter in which the application is filed, which, information is sufficient to enable the City to coordinate multiple projects, as may be necessary. (ii) If the applicant's proposed construction project will extend beyond the utility rights-of-way into undisturbed areas or other rights -of --way, the applicant must establish that it has filed a petition with the CPUC to amend its certificate of public convenience and necessity and that the proposed construction project has,been subjected to a full-scale environmental analysis by the CPUC, as required by Decision No. 95-12-057 of the CPUC: (iii)` The applicant must inform the City whether its proposed construction project will be subject to any of the mitigation measures specified in the Negative Declaration ["Competitive Local Carriers (CLCs) Projects for. Local Exchange. Communication Service throughout California"] or to the Mitigation Monitoring Plan adopted in connection with Decision No: 95-12-057 of the CPUC. The City's issuance of a ministerial permit will beconditioned upon the applicant's compliance with all applicable mitigation measures and monitoring requirements imposed by the CPUC upon telephone corporations that are designated as ., "competitive local carriers." C. In recognition of the fact that numerous excavations in the public rights -of --way diminish the useful life of the surface pavement, and for the purpose of mitigating the adverse impacts of numerous excavations on the quality and longevity. of public street maintenance within the City, the following policies and procedures are adopted: 1. The City Manager is directed to ensure that all public utilities, including telephone corporations, comply with all local design, construction, maintenance and safety standards that are contained within, or are related to, a ministerial permit that authorizes the construction of facilities within the public rights-of-way. 2. The City Manager is directed to coordinate the construction and installation of facilities by public utilities, including telephone corporations, in order to minimize the number of excavations in the public rights-of-way. In this regard, based upon projected plans for street construction or renovation projects, the City Manager is authorized to establish on a quarterly basis one or more construction time periods or "windows" for the installation of facilities within the public rights-of- way. Telephone corporations and other public utilities that submit applications for ministerial permits to construct facilities after a predetermined date may be required to delay such construction until the next quarterly "window" that is established by the City. ARTICLE 5. DEFINITIONS 5.16.170 Defined Terms and Phrases A. The words, terms, phrases, and their derivations set forth in this chapter have the meanings set forth below. Words used in the present tense include the future tense, and words in the singular include the plural number. "Affiliate" means, when used in relation to any person, another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person. For purposes of this definition, the term "own" means to own an equity interest, or its equivalent, of 10 percent or more. "Cable service" means the one-way transmission to subscribers of video programming, or other programming services, and subscriber interaction, if any, that is required for the selection or use of that video programming or other programming service. For the purposes of this definition, "video programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station; and "other programming service" means information that a cable system operator makes available to all subscribers generally. "Cable system," or "cable communications system" or "cable television system," means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community. The term "cable system" does not include: (i) afacility that serves only to retransmit the television signals of one or more television broadcast stations; (ii) a facility that serves subscribers without using any public right-of-way; (iii) a facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act, except, that such; facility will be considered a cable system (other than for purposes specified in Section 621(c) of the Communications Act) to, the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on- demand services;. (iv) an open video system that complies with Section 653 of the Communications Act;, or (v) .any facilities of an electric utility that are used solely for operating its electric utility •system. "Cable system operator" means any person orgroup of persons: (i) who provides cable service over a cablesystem and directly or through one or more affiliates' owns, a significant interest in that cable system; or (ii) who otherwise controls or is responsible for, through any arrangement, the management, and operation of that cable system. "City" means the City of Hermosa Beach as represented by its,City Councilor by any delegate acting within the scope of its delegated authority. CFR" means the Code. of -Federal Regulations. Thus, the citation of "47CFR 80.1" refers to Title 47, part 80, section 1, of the Code of Federal Regulations. ."Communications Act" means the Communications Act of 1934 (47 U.S.C. §§ 151, et Leg.), as amended by the Cable, Communications Policy Act of 1984, the Cable Television Consumer -Protection and Competition Act of 1992, and the Telecommunications Act of 1996. "FCC" or "Federal Communications Commission" means the federal administrative agency, or any lawful successor, that is authorized to regulate telecommunications services and telecommunications service providers on a national level. "Franchise" means an initial authorization, or: the renewal of an initial authorization, granted by the City Council, whether such authorization is designated as a franchise, agreement, permit, license,resolution, contract, certificate,' or otherwise, that authorizes the construction or operation of a cable system or an open video system: "Franchise fee" means any tax, fee or assessment of any kind that is;authorized by state or federal law to be imposed by the Cityy on a Grantee as compensation m the nature of rent for the Grantee's use of the public rights-of-way. The term "franchise fee" does not include: • (i) Any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and Grantees or their services); (ii) Capital costs that are required by the franchise to be incurred by a Grantee for public, educational, or governmental access facilities; (iii) Costs or charges that are incidental to the award or enforcement of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or (iv) Any fee imposed under Title 17, United States Code. "Franchise service area" or "service area" means the entire geographic area of the City as it is now constituted, or may in the future be constituted, unless otherwise specified in the resolution granting a franchise, or in a franchise agreement. "Grantee" means any person that is awarded a franchise in accordance with this chapter, and that person's lawful successor, transferee, or assignee. "Gross annual cable service revenues" means, as applied to the Grantee of a cable television franchise, the annual gross revenues received by a Grantee from all operations of its cable television system to provide cable services within the City, excluding uncollected bad debt, refundable deposits, rebates or credits, and further excluding any sales, excise, or other taxes or charges that are required to be collected for direct pass-through to the local, state, or federal government. Revenues identified and collected from subscribers as franchise fees may not be excluded from a Grantee's gross annual cable service revenues, unless otherwise provided by federal law. "Multichannel video programming distributor" or "video programming distributor" means a person such as, but not limited to, a cable system operator, an open video system operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive -only satellite program distributor, who makes available multiple channels of video programming for purchase by subscribers or customers. "Open video system" means a facility consisting of a set of transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service, including video programming, and that is provided to multiple subscribers within the City, provided that the FCC has certified that such system is authorized to operate in the City and complies with 47 CFR 1500 et entitled "Open Video Systems." "Open video system operator" means any person or group of persons who provides cable service over an open video system and directly or through one or more affiliates owns a significant interest in that open video system, or otherwise controls or is responsible for the management and operation of that open video system. "Person" means an individual, partnership, limited liability company, association, joint stock company, trust, corporation, or governmental entity. "Public, educational or government access facilities" or "PEG access facilities," means the total of the following: (i) Channel capacity designated for noncommercial public, educational, or government use; and (ii) Facilities and equipment for the use of that channel capacity. "Subscriber" or "customer" or "consumer" means any person who, for any purpose, subscribes to the services provided by a multichannel video programming distributor and who pays the charges for those services. "Street" or "public way" means each of the following that has been dedicated to the public and Maintained under public authority or by others and is located within the City limits: streets, roadways, highways, avenues;" lanes,alleys, sidewalks, easements, rights-of-way, and similar public property that the City from time to time authorizes to be included within' the definition of a street: "Telecommunications" means the transmission, between or among points specified by the user, of information of the user's:"choosing, without change in the form or content of the information as sent and received. "Telecommunications; equipment" means equipment, other than customer premises equipment, used by a telecommunications'service provider to provide telecommunications service, including software that is integral to that equipment. "Telecommunications service":rneans.the offering of telecommunications directly to the public for a fee, or to• such classes, of users as to be effectively available directly to the public, regardless of the equipment or facilities that _ are used. "Telecommunications service: provider" means any provider of telecommunications service. U.S.C. § " means the United States Code. Thus, the ' citation of "47 U.S.C.§ 153" refers to Title 47, section 153, of the United States Code. "Video programming provider" means any person or group of persons who has the right under the federal copyright laws to select and to contract for the carriage of specific video programming on a cable system or anopen video System.. "Video provider" means any person, company, or service that provides one or more channels of video programming to a residence, including a home, multi -family dwelling complex, congregate -living complex, condominium, apartment, or mobilehozne,1 where some fee is paid for that service, whether directly or included in dues or rental charges, and whether or not public rights -of --way are used in,the delivery of that video ,programming. A "video provider" includes; without limitation, providers of cable television service, open video system service, master antenna television, satellite master antennatelevision, direct broadcast satellite, multipoint distribution services, and other providers of video programming, whatever their technology. B. Unless otherwise expressly stated, words, terms, and phrases not defined in this Chapter 5.16 will be given their meaning as used in Title 47 of the United States Code, as amended, and, if not defined in that Code, their meaning as used in Title 47 of the Code of Federal Regulations. • ARTICLE 6. VIOLATIONS; SEVERABILITY 5.16.180 Violations; Enforcement A. Any person who violates any provision of this chapter is guilty of a misdemeanor and is punishable as provided for in Chapter 1.01 of Title 1 of this Code. B. The misdemeanor penalty specified above in paragraph (A) is not applicable to a violation of any provision of this chapter for which another sanction or penalty may be imposed under any franchise, license, lease, or similar written agreement between the City and a multichannel video programming distributor or telecommunications service provider. C. The City may initiate a civil action in any court of competent jurisdiction to enjoin any violation of this chapter. 5.16.190 Severability If any provision of this chapter is determined by any court of competent jurisdiction, or by any federal or state agency having jurisdiction over its subject matter, to be invalid and in conflict with any paramount federal or state law or regulation now or hereafter in effect, or is determined by that court or agency to require modification in order to conform to the requirements of that paramount law or regulation, then that provision will be deemed a separate, distinct, and independent part of this chapter, and such determination will not affect the validity and enforceability of any other provisions. If that paramount federal or state law or regulation is subsequently repealed or amended so that the provision of this chapter determined to be invalid or subject to modification is no longer in conflict with that law or regulation, then that provision will again become effective and will thereafter be binding on the City and any affected video or telecommunications service provider; provided, however, that the City must give the affected video or telecommunications service provider 30 days written notice of that change before requiring compliance with that provision, or such longer period of time as may reasonably be required for the video or telecommunications service provider to comply with that provision." Section 3. Notwithstanding any provisions to the contrary set forth in this ordinance, Chapter 5.16, entitled "Cable Television Systems," and Chapter 5.17, entitled "Cable Television Consumer Protection Standards," both of which were previously codified in Title 5 of the Municipal Code, will continue in full force and effect as uncodified ordinances of the City. These uncodified ordinances will continue to be applicable to the existing cable television franchise agreement between the City and its franchised cable operator, Century -TCI California, L.P., a Delaware limited partnership, dba Adelphia Communications Corporation, and they are subject to repeal by the City Council at such time as Century -TCI California, L.P., dba Adelphia Communications Corporation, executes an amendment to the existing cable television franchise agreement, or executes a cable television franchise renewal agreement, the terms of which subject the franchised cable operator to Chapter 5.16 of Title 5, as adopted by this ordinance. Section 4. The City Clerk is directed to certify the adoption of this ordinance and to cause it to be published by title and summary. 2005. PASSED, APPROVED, and ADOPTED this day of • I HEREBY CERTIFY that the foregoing ordinance was adopted by the City Council of the City of Hermosa Beach at its meeting held the day of , 2005, by the following vote: Ayes: Noes: Absent: Abstain: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY • • • • December 7, 2005 For the City Council Meeting of December 13, 2005 EXECUTION OF A FRANCHISE AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND VERIZON CALIFORNIA, INC. Recommendation: • It is recommended that the Hermosa Beach City Council: 1) Conduct a public hearing to gather public input on the proposed cable franchise agreement between the City and Verizon California Inc. ("Franchise Agreement") and to consider the impacts of the proposed Franchise Agreement, as required by California Government Code § 53066.3, 47 U.S.C: § 541(a), and other applicable provisions of law, as well as any applicable provisions of existing franchises; 2) Introduce and waive full reading of an ordinance making certain findings, approving the proposed cable franchise agreement and authorizing and directing execution of the proposed Franchise Agreement between the City and Verizon California Inc. Summary: Verizon California Inc. ("Verizon") has requested grant of a franchise to operate and provide cable service in the City. A true and correct copy of the proposed Franchise Agreement negotiated with the City's representatives has been available for inspection in the City Clerk's office since November 24, 2005. Notice of public hearing before the City Council to consider the proposed Franchise Agreement was properly published in the Easy Readeron November 24, 2005 and December 1, 2005, in accordance with' California Government Code §§ 6066 and 53066.3(a) -(d). Verizon currently is in the process of upgrading its existing telecommunications facilities in the City by installing a state-of-the-art Fiber to the Premise Telecommunications Network ("FTTP Network"). The FTTP Network will utilize fiber-optic cables and associated optical electronics instead of copper wire to connect customers to the Verizon network. The FTTP Network will use laser -generated pulses of light to transmit voice, data and video signals via the fiber at speeds and capacities far exceeding today's copper -cable systems. Among the services that Verizon's FTTP Network will enable is cable servide. Verizon therefore sought a cable franchise from the City to use the FTTP Network to provide cable service,toHermosa Beach residents in competition with the existing cable operator under the terms and conditions of the proposed Franchise Agreement. Hermosa Beach 5c Federal and state law set forth requirements with respect to granting an additional cable franchise. Section 621(a) of the Communications Act requires that the City "assure that access to cable service is not denied to any group of potential residential cable subscribers because of the income of the residents of the local area in which such group resides" and sets forth certain provisions which shall or may be included in a franchise. 47 U.S.C. § 541(a)(3)-(4); see also Cal. Gov't Code § 53066.3(b), (d). California Government Code § 53066.3 requires that the City conduct a public hearing to identify the impacts on the community of granting an additional cable franchise and the City Council to consider certain enumerated criteria in making its determination whether to grant an additional franchise. Staff has examined each of the legal requirements for Council approval of the draft cable franchise agreement, as well as any applicable provisions in existing franchises. Based upon the information and representations set forth by Verizon, other evidence presented to staff and its own investigation, we find that the proposed Franchise Agreement meets all of the legal requirements for Council approval. Staff therefore recommends that the City Council approve the proposed cable Franchise Agreement and authorize and direct the City Manager to execute the proposed Franchise Agreement. As set forth more fully below in this staff report, negotiations between Verizon and the City have resulted in the attached agreement. Approval of the proposed Franchise Agreement will bring wire line cable competition to the residents of Hermosa Beach for the first time, allowing them a choice of more than one provider of cable service. Background: 0 Verizon is nearing completion of a "Fiber to the Premises" ("FTTP") Network in Hermosa Beach, which will be the first communications network to bring a fiber optic line into each residence of the City. In layman's terms, Verizon argues it already has the legal authority to carry out this installation under its powers as a telephone company. More technically, Verizon is acting under the authority granted it as a common carrier pursuant to Title II of the Communications Act, and in accordance with its certificate of public convenience and necessity issued by the California Public Utilities Commission, Section 7901 of the California Public Utilities Code and General Administrative Order 95. In addition to its regular telecommunications services (voice, high-speed data), Verizon's FTTP Network will also have the capacity to provide cable television service to the residents of Hermosa Beach. Verizon seeks to provide cable service to Hermosa Beach residents in competition with the City's existing cable franchisee, and proposes to operate under the terms and conditions of the attached Franchise Agreement. Under its state and federal authorizations, Verizon already has the authority to offer telecommunications services over this new FTTP network (and like a cable network, Verizon is not obligated to let other providers use this new network, unlike its existing copper network). Because the FTTP network has significantly more transmission ability than the old network, Verizon also desires to use the network to provide cable television service. Verizon acknowledges that in California it must obtain a local franchise to provide cable television service, and so has negotiated the attached Franchise Agreement with staff. Hermosa Beach 2 The City's franchising of additional cable providers is governed by, California Government Code § 53066.3,Title VI of the Communications Act, and 'Chapter 5.16 of the Hermosa Beach Municipal Code. The City Council may approve a franchise agreement subsequent to a public hearing considering the proposed franchise grant. Cal. Gov't Code § 53066:3(a): In reviewing such a request and making its determination whether to approve the; proposed franchise agreement, the City Council shall make a decision based upon the documents and testimony received at the hearing and the record as a whole as to whether or not the franchise should be .granted. In addition, California Government Code § 53066.3(a) specifically requires the City Council to consider certain enumerated' criteria in determining whether to grant an additional cable franchise. These criteria are; • • Whether there will be significant positive or negative impacts on the community being served. • Whether there will be an unreasonable adverse" economic or aesthetic impact upon public or private property within the area. • . Whether there will be an unreasonable disruption or inconvenience to existing users, or any adverse effect on future .use of utility poles, public`: easements, and the public rights - of --way contrary to the intent of Section 767.5 of the California Public Utilities Code. • Whether the franchise applicant has the technical and financial ability to perform. • Whether there is any impact on the franchising authority's interest in having universal cable service. • Whether other societal interests generally' considered by franchising authorities will be met. • Whether the operation of an additional cable system in the community is economically feasible. • Such other additional matters, both procedural acid substantive, as=the franchising authority may determine to be relevant: In addition, California Government Code § 53066.3(d) and Section 621 of the Communications Act contain certain nondiscrimination requirements relating to the grant of the franchise. California Government Code § 53066.3(d) also requires that the proposed cable franchise "contain[s] the same public, educational, and governmental access requirements that are set forth in the existing franchise." Cal. Gov't Code § 53066.3(d) Staff has examined -each of these legal requirements in the context of the provisions of the proposed Franchise Agreement, the information and representations provided by Verizon, other evidence presented to staff and staff's own investigation: Staff sets forth its analysis of each below. Major Provisions of the Proposed Franchise Agreement: The. City's representatives have negotiated the proposed Franchise Agreement with Verizon based on staff's identification and prioritization of the cable -related needs and interests of the' residents of Hermosa Beach, and including public, educational and governmental ("PEG") Hermosa Beach service obligations. The proposed Franchise Agreement with Verizon includes the following key provisions: • Provision of cable service to all residential areas of the City no later than 24 months from the Effective Date of the Agreement. Proposed Franchise Agreement Article 3. • Quarterly franchise fee payments of five percent (5%) of Gross Revenues, as defined. Proposed Franchise Agreement Article 7. • A fifteen (15) year term from the Effective Date unless the franchise is earlier revoked as provided in the Franchise Agreement. Proposed Franchise Agreement Article 2.3. • PEG programming and support that are equivalent to those of the incumbent provider in the City, including dedicated public, educational and governmental access channels and interconnection with the existing cable operator in Hermosa Beach for the carriage of PEG programming. Proposed Franchise Agreement Article 6. • Extensive customer service requirements, including requirements regarding telephone availability for customer inquiries, billing, installation and service calls, monetary penalties for missed service appointments, complaint procedures, and communications with subscribers. Proposed Franchise Agreement Article 8. • Liability insurance and indemnification requirements. Proposed Franchise Agreement Article 10. Other pertinent provisions of the proposed Franchise Agreement include: • Enforcement and termination provisions. Proposed Franchise Agreement Article 13. • Technical standards for operation of Verizon's cable system. Proposed Franchise Agreement Article 5. • Emergency Alert System requirements. Proposed Franchise Agreement Article 5.3. • Reporting and recordkeeping requirements. Proposed Franchise Agreement Article 9. • Franchise renewal and transfer procedures. Proposed Franchise Agreement Articles 11, 12. Because the proposed Franchise Agreement is the product of negotiations, Staff notes that certain provisions of the proposed agreement differ from the City's proposed Cable, Video, and Telecommunications Service Providers Ordinance. Such differences are permitted, and the terms of the Franchise Agreement would control. The specific sections of the ordinance where this difference exists are detailed in Section 2.7.2 of the proposed agreement. Hermosa Beach 4 • • • • Chapter 5.16.035 does not apply because at the time Verizon approached the City, regarding a franchise, no standard application fee had been established under the existing ordinance. However, in the alternative, Verizon has agreed to pay the City $10,000 as an "acceptance" fee as detailed in Section 14.13 of the agreement: Section 5.16.050(1)(2) does not apply as it relates to the physical plant of the system. As stated in this report, Verizon is constructing their,FTTP system as an upgrade to their existing telephone system and, as such, Verizon contends the system itself is governed under different State laws and regulations than a traditional cable television company. Sections 5.16.060(A)(B)&(C) do not apply because these sections concern the initial`: grant of a franchise, and Verizon will have completed those steps if the City Council grants this franchise request. Article 3 does not apply because the Verizon system, like the system of the current provider, i§ not considered an "open video system". Simply stated, an open video system is a single physical system that is shared by multiple' users. Additionally, only those systems certified by the FCC are considered to be open video systems and would be subject to this article. Verizon wilt own , the system and no other providers will be using it. Article 4 does not apply becausethis article governs` wireless video systems, and Verizon's proposed system is not a wireless one. Section 5.16.170(A) does not apply because all relevant terms are instead defined in the franchise agreement itself, and excludingthis section will help clarify the definitions to be used. Section 5.16.180 does -not apply as Verizon has proposed specific franchise enforcement and termination provisions contained within the draft agreement. The draft franchise agreement was reviewed by the: Cable Television Advisory Commission at their meeting of December 7, 2005. Verizon' representatives were present at that meeting to address the Commission's concerns and answer questions: Overall the Commission'was supportive of the agreement and very positive about the possibility of havingan additional cable service provider available to Hermosa Beach residents. The Commissions concerns were focused primarily in the area of custoinet service. The Commission wanted to ensure that both the proposed ordinance and the franchise agreement contained customer service standards that would address residents' service concerns identified throughthe cable television community survey conducted earlier this,year. Staff is of theopinion that sufficient standards are contained within the agreement to provide good customer service. ;Beyond the minimum standards contained in the agreement and the minimum •required under FCC guidelines, Verizon has guaranteed. customer credits for missed installation, service or maintenance appointments and quarterly, service reports tobe submitted to the City. Verizon will also clearly list the City's contact information on their subscribers ---bills shouldcustomers have unresolved complaints as is done by the current provider. Staff is also of the opinion that the introduction of competition alone will have the greatest impact on customer service provided by both cable service providers. Analysis of Legal Requirements: Hermosa Beach The proposed Franchise is being submitted to the City Council at a properly noticed public hearing, in accordance with the requirements of California Government Code §§ 6066 and 53066.3(a). Staff has analyzed each of the requirements for the grant of an additional cable franchise, including but not limited to the Council's due consideration of certain criteria enumerated by California law, as follows: (1) Whether there will be significant positive or negative impacts on the community being served. See Cal. Gov't Code § 53066.3(a)(1). The grant of a nonexclusive cable franchise to Verizon will have no negative impact on the community and the overall impact of Verizon's presence as a cable service provider in Hermosa Beach will be positive. Among the most significant positive impacts of Verizon's presence are those directly related to the benefits that cable competition will bring to the City's residents, including, but not limited to: • Customer choice for different services that competing providers will offer. Verizon's service will offer an extensive lineup of video programming, both traditional and nontraditional, government access programming and pay-per-view services. • Competition may result in higher customer service quality, improved programming and lower rates. Federal, state and local law favors competition in the provision of cable services directly to consumers and it is recognized at all levels of government that cable competition can benefit consumers in several ways. • The Cable, Video, and Telecommunications Service Providers Ordinance of Hermosa Beach states that one of its purposes and intent is to "promote competition in cable, video, and telecommunications services, minimize unnecessary local regulation of cable, video, and telecommunications service providers, and encourage the delivery of advanced and competitive cable, video, and telecommunications services on the broadest possible basis to local government and to the businesses, institutions, and residents of the City." Proposed Cable Ordinance § 5.16.020(B)(4). • The State Legislature has similarly specifically proclaimed by statute that: "[t]he Legislature hereby finds and declares that the policies for telecommunications in California are ... to promote lower prices, broader consumer choice, and avoidance of anticompetitive conduct" and "to remove the barriers to open and competitive markets and promote fair product and price competition in a way that encourages greater efficiency, lower prices, and more consumer choice." Cal. Pub. Util. Code §§ 709(f) & (g). • Congress, the General Accounting Office, and the FCC have specifically found that wireline competition in the provision of cable service results in higher customer service quality, improved programmingand lower rates. See, e.g., 47 U.S.C. § 521(6) Hermosa Beach 6 • • • (stating that it is the purpose of the Cable Act to "promote competition in cable communications"); H.R. Rep. 102-628 ("The Committee continues to believe that competition is essential both for ensuring diversity in programming and for protecting consumers from potential abuses by cable operators possessing market power ... The Committee believes that steps must be taken to encourage the further development of robust competition," including encouraging "cable overbnilds."); General Accounting Office, Wire -Based Competition Benefited Consumers in Selected Markets, Report to the Subcommittee on Antitrust, Competition Policy and Consumer Rights, Committee on the Judiciary, U.S. Senate (Feb. 2004); AnnualAssessment of the Status of Competition in the Market for the Delivery of Video Programming, MB Docket No. 03-172, FCC 04-5, ¶ 11(2004) • Consumer advocates repeatedly have confirmed the positive effects of wireline cable competition. See, ag, The Failure of Cable Deregulation: A Blueprint for Creating a Competitive, Pro -Consumer Cable Television Marketplace, U.S. Public Interest Research Group, August 2003, available at URL:, http://uspirg.org/uspirg.asp?id2=10531&id3=USPlRG&. Based on all of the above, Staff recommends the Council determine that by fostering competition, granting of a nonexclusive franchise to Verizon to provide cable services will have a significant positive impact on Hermosa Beach and will not have any negative impact. , • (2) Whether there will be an unreasonable adverse economic or aesthetic impact upon public or private property within the area. See Cal. Gov't Code § 53066.3(a)(2). Staff recOmmends the Council determine that the grant of a nonexclusive cable franchise to Verizon will not result in any unreasonable adverse economic and aesthetic impacts upon public or private property within Hermosa Beach. Granting Verizon a franchise to provide cable services should not have an adverse economic impact on the City. To the contrary, granting Verizon a franchise should bring substantial economic and developmental benefits to our City. • Grant of the franchise will bring competitiveness for video programming service to, the residents of Hermosa Beach, which should result in a positive economic impact for subscribers. There may also be a positive impact on Hermosa Beach's economic development effortswith competitive service providers available. With the grant of a franchise to Verizon, Hermosa Beach will gain another provider for customers to receive a "triple play" of video, voice and data over a wired communications network. • Granting Verizon a franchise should also increase cable penetration, adding subscribers to the City's franchise fee base. Some residents who do not currently subscribe to cable service or who are satellite customers today will likely subscribe to Verizon's video service, thereby increasing the overall number of subscribers generating revenue on which cable franchise fees are paid. The increase in content choices that will result froth Verizon's service offerings has the potential to create Hermosa Beach 7 more purchases in the higher cable tiers, increasing the franchise fee revenue base in this manner as well. Staff recommends the Council find that the grant of a franchise to Verizon will not result in any unreasonable adverse aesthetic impact upon public or private property within Hermosa Beach. (3) • Verizon is seeking a franchise from the City to provide cable services over Verizon's existing FTTP network, once completed. The FTTP network carrying Verizon's cable services will be constructed, operated and maintained as an upgrade to and/or extension of Verizon's existing telecommunications facilities pursuant to authority granted by the State; thus, Verizon is not required to obtain a franchise from the City to construct its FTTP network. Because the facilities used to provide Verizon's cable services will be the same facilities used to provide the other services that will be carried by Verizon's FTTP network, the grant of a cable franchise to Verizon will have no additional adverse aesthetic effect on public or private property beyond that created by the State permitted improvements. • During the installation of its FTTP network, Verizon has been working in close coordination with the City's Public Works Department to minimize disruptions and adverse impacts to the City's streets. Where Verizon's existing network is placed overhead, on existing utility poles, the upgraded network facilities will be placed overhead; where Verizon's existing network is placed underground, the upgraded network will be placed underground. Some additional equipment boxes will be placed in the public rights-of-way, as permitted by Verizon's statewide telecommunications authority. The construction of Verizon's FTTP network therefore will not result in significant adverse aesthetic changes to public or private property. Whether there will be an unreasonable disruption or inconvenience to existing users, or any adverse effect on future use, of utility poles, public easements, and the public rights-of-way contrary to the intent of Section 767.5 of the Public Utilities Code. See Cal. Gov't Code § 53066.3(a)(3). Staff recommends the Council find that there should not be any unreasonable disruptions or inconvenience to existing cable users, nor any adverse effects in the areas noted above. Verizon is seeking a franchise from the City to provide cable services over Verizon's existing FTTP network, once completed. Because the facilities used to provide Verizon's cable services will be the same facilities used to provide the other services that will be carried by Verizon's FTTP network, consistent with Section 767.5 of the Public Utilities Code, the grant of a cable franchise to Verizon will cause no additional disruptions or inconvenience to existing users, nor any adverse effects on the future use of utility poles, public easements or public rights-of-way. (4) Whether the franchise applicant has the technical and financial ability to perform (see Cal. Gov't Code § 53066.3(a)(4)). Verizon is a very large corporate entity that has committed significant financial resources to construct the system and provide the video service. The system includes not only the facilities Hermosa Beach 8 • • • within the City of Hermosa Beach but also redundant transmission facilities located through the country to provide the video service. On that basis, staff recommends the Council find that , Verizon has demonstrated the financial and technicalsivalifications ancl the ability to provide cable service in Hermosa Beach. (5)' Whether there is any impact on the franchising authority's interest in having universal cable service. See Cal. Gov't Code § 53066.3(a)(5). The grant of a nonexclusive cable franchise to Verizon will have a positive impact on the city's interest in universal cable service.. Providing the residents of HerMosa Beach a choice of providers will have.a significant positive impact on the City's desire in promoting universal cable service. • (6) Whether other societal interests generally considered by franchising authorities will be met. See Cal. Gov't Code § 53066.3(a)(6). Staff finds that the grant of a nonexclusive franchise to Verizon will meet a variety of societal • interests generally considered by franchising authorities. These include: the City's interest in • enhancing civic awareness and community participation through the reservation of public educational, and governmental access channels on Verizon's system; the City's interest in community connectivity through Verizon's provision of cable service to City, school district.and community facilities; the• City's interest in generating additional revenue through the payment of annual franchise fees from Verizon; and the City's interest in continuing economic development • in the community, as Verizon's state-of-the-art service offerings and network will add to the value and attractiveness of local residential and business development efforts. oFjnally, providing our residents with a choice of cable providers'will also enhance societal interests in our community by bringing the benefits of competition in the provision of cable services to the City. '(7) Whether the operation of an oadditional cable system in the community is economically feasible. See Cal. Gov't Code § 53066.3(a)(7). Staff recommends the Council find that it is economically feasible for the community to support • a competitive cable service provider. Hermosa Beach is a thriving beach community in the Los Angeles are. With a current population of about 19,600, the City is an attractive place to live that boasts exciting recreational facilities, beautiful beaches, and easy access to major transportation routes. Verizon intends to bring the City's residents a choice of cable service providers by offering a state-of-the-art video service that will be fully competitive with the existing video offerings in the City. After reviewing the proposed services and the video product offered by Verizon in • other jurisdictions, Staff believes that Verizon has a good faith basis to believe that its service • offering will be attractive to consumers, that Verizon has committed significant capital to • constructing and operating the new system, 'and that it will therefore be economically feasible for V'erizon to provide cable service in Hermosa Beach. In addition, the manner in which Verizon is • - installing the FTTP network over which its cable service will be delivered — as an upgrade to its existing telecommunications network that will also carry voice and data services — means that • minimal additional capital expenditures are needed to allow Verizon to support its cable service Hermosa Beach 9 offering. Staff has received repeated requests from residents for direct cable competition over many years. Direct broadcast satellite video service has grown in the City, so therefore Staff believes Verizon's service will be successful in obtaining customers in the City. (8) Such other additional matters, both procedural and substantive, as the franchising authority may determine to be relevant. See Cal. Gov't Code § 53066.3(a)(8). (a) PEG Requirements. See Cal. Gov't Code § 53066.3(d). California Government Code § 53066.3 also requires the City to ensure that competitive franchise agreements contain the same public, educational, and governmental (PEG) access requirements that are set forth in the existing franchise. The incumbent cable operator in Hermosa Beach provides 3 PEG channels. Staff negotiated the proposed Franchise Agreement to require Verizon to provide three PEG channels and carry the PEG programming on the incumbent provider's cable system as soon as Verizon is able to interconnect with the incumbent provider. Staff has determined that the proposed cable Franchise Agreement's terms frilly ensure that Verizon provides adequate PEG access channel capacity, facilities and financial support and that Verizon's obligations in this area are comparable to those contained in the City's existing cable franchise agreement. Therefore Staff recommends the Council find that Verizon's proposal complies with California Government Code § 53066.3. (b) Non -Discrimination Requirements. See Cal. Gov't Code § 53066.3(d); 47 U.S.C. § 541(a)(3). California Government Code § 53066.3(d) and Section 621 of the Communications Act, 47 U.S.C. § 541(a)(3) contain certain non-discrimination requirements. Verizon's proposal will activate cable service throughout the entire City simultaneously, therefore Staff recommends the Council find that Verizon's proposal complies with such requirements. (c) Rates to Subscribers. See 47 U.S.C. § 543; 47 C.F.R. § 76.900 et seq. As part of the 1996 amendments to the Communications Act, local communities must be certified by the FCC to regulate cable rates, may regulate only rates for the basic service tier and only for cable operators that are not subject to "effective competition" as defined under the Act. . The City's authority to regulate rates of upper programming tiers (or so-called cable programming service tiers) sunset in 1999. 47 U.S.C. § 543(c)(4). As a new competitive entrant into the cable market, Verizon is, by definition, subject to "effective competition." See 47 U.S.C. § 543(1). As such, the City may not regulate Verizon's cable rates. As noted above, various studies have determined that direct wire line competition in cable service most likely will reduce rates. Hermosa Beach 10 • • • • (d) System Design and Technical and Performance Quality of the Equipment. Pursuant to federal law, franchising authorities may not regulate the "facilities, and equipment provided by a cable operator" except as specifically permitted by Title VIof the Communications Act. 47 U.S.C. § 544(a). Nonetheless, the City has an interest in understanding the system planned by Verizon to offer its cable service. Verizon's therefore has set forth an explanation of its planned system architecture. See Proposed Franchise Agreement Article 5. (e) Willingness and Ability of the Applicant to Meet Construction Requirements and Abide by Franchise Limitations and Requirements. See; Cal. Pub. Util. Code $' 7901; General Administrative Order 95; 47 U.S.C.`.§ 552(a)(2).. Verizon's FTTP Network is being constructed as a Telecommunications Facility pursuant to Title II of the Communications Act, its Certificate of Public Convenienceand necessity issued by the California Public Utilities Commission, Section 7901 of the California Public Utilities Code and General Administrative Order 95. As such, Verizon has an existing authority apart from the proposed cable franchise to construct the FTTP Network. Therefore, the proposed Franchise Agreement recognizes that the City does.not, and cannot, regulate Verizon's Telecommunications Facilities except to the extent specifically permitted by federaland state law. See Proposed Franchise Agreement Articles 2.2, 4. Verizon has complied with all applicable construction and permitting requirements of the City. (f) Competitive Neutrality Between Proposed Verizon Cable Franchise Agreement and Incumbent Cable Franchise Agreement. The proposed Franchise Agreement contains a number of significant provisions (outlined above under "Major Provisions") that are relevant to Verizon's provision of cable services in the City. In addition, Staff has reviewed the material provisions of the proposed cable franchise agreement between Verizon and the City, negotiated changes to the provisions with the intent of competitive neutrality, and recommends the Council find'the Verizon franchise is competitively neutral with the provisions contained in the incumbent franchise agreement: For comparison purposes, we note the incumbent franchise was most recently renewed by a grant of renewal to ML Media Partners, L.P. on September 27, 1994. In addition,. Staff believes that the proposed Franchise Agreement with Verizon does not deprive any partyof equal protection under the law. Conclusion: Based on all of the evidence presented to the Council above, as well as at its meeting, Staff recommends that the City Council find that granting a nonexclusive franchise to provide cable services to Verizon is in the public interest, and recommend that the City Council approve and authorize the City Manager to execute the proposed Franchise Agreement. Negotiations between Verizon and the City have resulted in an agreement that is competitively neutral with the incumbent cable franchise agreement and contains a number of provisions designed to protect the best interestsof the City and its residents. The franchise agreement may bring substantial economic and developmental benefits to our City, and will be a significant step towards recognizing a variety of the benefits that cable competition can bring to the City and its residents. Hermosa Beach 11 Respectfully submitted: Brad Wohlenberg City Attorney's Office Mic)iael Earl Pe onnel & Risk Mana ment Director Hermosa Beach 12 Concur: Stephen Burr 11 City Manager • •' • ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH GRANTING A NON-EXCLUSIVE FRANCHISE TO. PROVIDE CABLE SERVICE TO VERIZON CALIFORNIA INC. W HEREAS,'the City of Hermosa Beach is a "Franchising Authority" as defined by Title VI of the Communications Act (see 47 U.S.C. §522(10)) and is authorized to grant one or more nonexclusive cable franchises pursuant to California Government Code § 53066 and Section of the City of Hermosa Beach Municipal Code; WHEREAS, Verizon California Inc. ("Franchisee") is in theprocess of planning and installing a Fiber to the Premise Telecommunications Network ("FTTP Network") that will occupy the Public Rights -of - Way within the City of Hermosa Beach for the transmissio'n:of non -cable services pursuant to its status as a telecommunications carrier as set forth in Title II of the Communications Act and under authority granted by the State of California; WHEREAS, the FTTP Network, once installed, will enable the provision of cable service to the residents of Hermosa Beach; WHEREAS,negotiations between the Franchising Authority and the. Franchisee have resulted in a franchise agreement, which agreement comports with the requirements of applicable law;, WHEREAS, notice of public hearing before the City Council to consider the proposed cable franchise agreement was properly published in the on and accordance with California. Government Code §§ 6066 and 53066.3(a); in WHEREAS, the Franchising Authority has reviewed the legal, technical and financial qualification s of the Franchisee to operate and provide cable service within the City and Franchising Authority's staff has prepared a Staff Report dated December 13; 2005 ("Staff Report") setting, forth those qualifications, the future cable -related needs and interest of the City of Hermosa Beach and its residents, and examining each of the requirements and criteria set forth by federal, state andlocal law with respect to granting an additional cable television franchise, as well as any applicable provisions in existing franchises; and WHEREAS, after receiving the comments of interested parties at a public hearing affording due process to all parties, in deliberation of the entire record regarding this matter before it, including other pertinent information, and specifically considering each of the requirements and criteria enumerated in California Government Code § :53066.3(a), 47 U:S.C. § 541(a), and all other applicable provisions of law, as well as any applicable provisions in existing franchises,,the Franchising Authority determines that is in the public interest to approve the proposed cable television franchise agreement and authorize and direct the execution ofthe proposed Franchise Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council concludes that the cable -related needs and interests of the City of Hermosa Beach, California and the Franchisee's legal,' technical, and financial qualifications to operate and provide cable service within the City are accurately identified by the attached Staff Report. The Staff Report, as well as the supporting evidence presented at the public hearing on December 13, 2005,.is hereby adopted by the Franchising Authority in its entirety as its ascertainment of the cable -related needs and interests of the City, the Franchisee's qualifications to operate and provide cable service within the City, and the Franchisee's qualifications to operate and provide cable service within the City. The Staff Report and evidence also supports. the Franchising Authority's consideration of each of the requirements and criteria enumerated in California Government Code § 53066.3(a), 47 U.S.C. § 541(a); all other applicable provisions of law, as well as any applicable provision in existing franchises. Hermosa Beach 13 Section 2. The Franchising Authority determines that it is in the public interest to grant a nonexclusive franchise to operate and provide cable service to Verizon California Inc. As evidence of its consideration of each of the factors enumerated in California Government Code § 53066.3(a), 47 U.S.C. § 541(a)(3), all other applicable provisions of law, as well as any applicable provisions in existing franchises, the Franchising Authority hereby adopts the attached Findings of Fact in support of this determination. Section 3. The Franchising Authority authorizes the grant of a nonexclusive franchise to the Franchisee to operate and provide cable service within the City. This authorization is made in accordance with the applicable provisions of California Government Code § 53066.3 and Title VI of the Communications Act. A copy of the Franchise Agreement in the form set forth and presented to public hearing on December 13, 2005, is directed to be retained in the office of the City Clerk for the purpose of public inspection. Section 4. That certain Franchise Agreement in the form set forth and presented to the City Council at this public hearing is approved, and the City Manager is authorized and directed to execute that agreement on behalf of the Franchising Authority following its execution by the Franchisee. • Section 5. The effective date of the Franchise Agreement shall be the date set forth therein. Section 6. Notice of Adoption. The City Clerk of the City of Hermosa Beach shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36033 of the California Government Code. Section 7. This Ordinance shall become effective thirty (30) days after the date of its adoption. PASSED, APPROVED AND ADOPTED this day of , 2005. ATTEST: Hermosa Beach 14 MAYOR • • STATE OF CALIFORNIA • COUNTY OF LOS ANGELES CITY.OF HERMOSA BEACH I, , City Clerk of the City of Hermosa Beach, do hereby certify that the foregoing Ordinance was duly adopted by the City Council of the City of Hermosa Beach at a regular meeting thereof, held on the day of , 2005 by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Hermosa Beach CITY CLERK 15 Findings of Fact By the City Council of the City of Hermosa Beach, California December 13, 2005 Following thorough evaluation of Verizon California Inc.'s request to provide cable service in the City of Hermosa Beach, California, after receiving the comments ofinterested parties at a public hearing affording due process to all parties, in consideration of the entire record regarding this matter before it, including a Staff Report from the City Manager's office dated December 13, 2005 and other pertinent information, and considering each of the factors enumerated in California Government Code § 53066.3(a), 47 U.S.C. § 541(a)(3), all other applicable provisions of law, as well as any applicable provisions in existing franchises, the City Council of the City of Hermosa Beach, California determines that it is in the public interest to grant a nonexclusive franchise to provide cable service to Verizon California Inc. ("Verizon"). In exercise of its discretion and legislative authority, the City Council makes the following findings in support of this determination: 1. Federal, state and local law, and the interests of the residents of Hermosa Beach favor competition in the provision of multichannel video programming services directly to consumers. By fostering competition, granting Verizon a nonexclusive franchise to provide cable services will have a significant positive impact on Hermosa Beach and will not have any negative impact. See, without limitation, Cal. Gov't Code § 53066.3(a)(1). 2. Granting Verizon a nonexclusive franchise to provide cable services will not have an adverse economic impact on Hermosa Beach. See, without limitation, Cal. Gov't Code § 53066.3(a)(2). To the contrary, granting Verizon a franchise will bring substantial economic and developmental benefits to Hermosa Beach. 3. Granting Verizon a nonexclusive franchise to provide cable services will not have an adverse aesthetic impact upon the public or private property within Verizon's service area. See, without limitation, Cal. Gov't Code § 53066.3(a)(2). 4. There will be no unreasonable disruptions or inconvenience to existing users, nor any adverse effects on the future use of utility poles, public easements or public rights-of-way contrary to the intent of Section 767.5 of the Public Utilities Code resulting from the grant of a franchise to Verizon. See, without limitation, Cal. Gov't Code § 53066.3(a)(3); Cal Pub. Util. Code § 767.5. 5. Verizon has demonstrated the financial, technical and legal qualifications and ability to provide cable service in Hermosa Beach. See, without limitation, Cal. Gov't Code § 53066.3(a)(4). 6. Granting Verizon a nonexclusive franchise to provide cable services will not adversely impact the City's interest in having universal cable service or societal interests. See, without limitation, Cal. Gov't Code §§ 53066.3(a)(5), (6). 7. Granting a nonexclusive franchise to provide cable services within Verizon's proposed service area is economically feasible. See, without limitation, Cal. Gov't Code § 53066.3(a)(7). 8. The franchise agreement with Verizon fully complies with the statutory nondiscrimination requirements. See, without limitation, Cal. Gov't Code § 53066.3(d); 47 U.S.C. § 541(a)(3). 9. The franchise agreement includes provisions that require Verizon to provide adequate public, educational, and governmental access channel capacity, facilities or financial support in the future. See, without limitation, Cal. Gov't Code § 53066.3(d). Hermosa Beach 16 • • 10. Verizon's plans for providing cable services in Hermosa Beach meet or exceed the City's cable -related needs and interests. See, without limitation, Cal. Gov't Code § 53066.3(a)(8). • 11. Granting Verizon a nonexclusive franchise to provide cable services will enhance competition, further the ubiquitous availability of a wide, choice of state-of-the-art services and enhance the development and deployment of new technologies, consistent with the policies set forth in Public Utilities Code Section 709. See, without limitation, Cal Pub. Util. Code § 709; Cal. Gov't Code § 53066.3(a)(8); accord Telecommunications Act of 1996, § 706, Pub. L. No. 104-104, 110 Stat. 153, reprinted in 47 U.S.C. § 1.57 note. 12. The material provisions of the franchise agreement between Verizon and the City are competitively neutral with the provisions contained in the incumbent franchise agreement that the City has most recently renewed by a grant of renewal to ML Media Partners, L.P. on September 27, 1994, and provide all parties equal protection under the law. See, without limitation; Cal. Gov't Code § 53066.3(d). 13. Granting a nonexclusive franchise to provide cable'services'to Verizon is in the public interest. See, without limitation, Cal. Gov't Code § 53066.3(a)(8): Hermosa Beach 17 Hermosa Beach CABLE FRANCHISE AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND VERIZON CALIFORNIA INC. 2006 18 TABLE OF CONTENTS ARTICLE PAGE 1. DEFINITIONS ' 2 2: , GRANT OF AUTHORITY; LIMITS AND RESERVATIONS 7 3. PROVISION OF CABLE SERVICE 8 4. SYSTEM OPERATION 10 5. SYSTEM FACILITIES 10 6. PEG SERVICES 10 7. FRANCHISE FEES 13 8.. CUSTOMER SERVICE 14 9. REPORTS. AND. RECORDS 14 10. INSURANCE AND INDEMNIFICATION 16 11. TRANSFER OF FRANCHISE 18 12. RENEWAL OF FRANCHISE 18 13. ENFORCEMENT AND. TERMINATION OF FRANCHISE 18 14: MISCELLANEOUS PROVISIONS 21 EXHIBIT A SERVICE AREA, 25 EXHIBIT B - MUNICIPAL BUILDINGS TO BE PROVIDED FREE CABLE SERVICE 26 EXHIBIT C - PEG CHANNELS 27 EXHIBIT D CONSUMER PROTECTION AND SERVICE STANDARDS 28 Hermosa Beach THIS CABLE FRANCHISE AGREEMENT (the "Franchise" or "Agreement") is entered into by and between the City of Hermosa Beach, a duly organized city under the applicable laws of the State of California (the Local Franchising Authority or "LFA") and Verizon California Inc., a corporation duly organized under the applicable laws of the State of California (the "Franchisee"). WHEREAS, LFA wishes to grant Franchisee a nonexclusive franchise to construct, install, maintain, extend and operate a cable communications system in the Franchise Area as designated in this Franchise; WHEREAS, LFA is a "franchising authority" in accordance with Title VI of the Communications Act (see 47 U.S.C. §522(10)) and is authorized to grant one or more nonexclusive cable franchises pursuant to applicable law; WHEREAS, Franchisee is in the process of installing a Fiber to the Premise Telecommunications Network ("FTTP Network") in the Franchise Area for the transmission of Non -Cable Services pursuant to authority granted by the State of California and Title 5, Chapter 5.16 of the Hermosa Beach Municipal Code; WHEREAS, the FTTP Network will occupy the Public Rights -of -Way within LFA, and Franchisee desires to use portions of the FTTP Network once installed to provide Cable Services (as hereinafter defined) in the Franchise Area; WHEREAS, LFA has identified the future cable -related needs and interests of LFA and its citizens, has considered the financial, technical and legal qualifications of Franchisee, and has determined that Franchisee's plans for its Cable System are adequate, in a full public proceeding affording due process to all parties; WHEREAS, LFA has found Franchisee to be financially, technically and legally qualified to operate the Cable System; WHEREAS, LFA has determined that, in accordance with the provisions of the Cable Ordinances, the grant of a nonexclusive franchise to Franchisee is consistent with the public interest; and WHEREAS, LFA and Franchisee have reached agreement on the terms and conditions set forth herein and the parties have agreed to be bound by those terms and conditions. NOW, THEREFORE, in consideration of LFA's grant of a franchise to Franchisee, Franchisee's promise to provide Cable Service to residents of the Franchise/Service Area of LFA pursuant to and consistent with the Cable Ordinances, pursuant to the terms and conditions set forth herein, the promises and undertakings herein, and other good and valuable consideration, the receipt and the adequacy of which are hereby acknowledged, THE SIGNATORIES DO HEREBY AGREE AS FOLLOWS: Hermosa Beach 1 • 1 DEFINITIONS Except as, otherwise provided herein, the definitions and word usages set forth, in the Cable Ordinances are incorporated herein and shall apply in this Agreement. In addition, the • following definitions shall apply: • ` ,• �atio al orhlshall make, 1.1.. Access Channel: A video. Channel, wluch available to LFA without charge for non-commercial public, educ governmental use for the transmission of video programming as directed by LFA. 1.2. Affiliate: Any Person who, directly or indirectly, owns or controls, is. owned or controlled by, or is under common ownership or control with, Franchisee. 1.3. Basic Service: Any service tier, which includes the retransmission of local television broadcast signals as well as the PEG Channels required by this Franchise.: 1.4. Cable Ordinances: Title 5, ` Chapters 5.16 .and 5.17 of the Hermosa Beach Municipal Code, in effect as of the date hereof, and any future enacted additions or revisions to same, including but not limited to, "An, Ordinance Of The City Of Hermosa Beach Regulating Cable, Video, Arid Telecommunications S.ervice'Providers, Redesignating Chapters 5.16 And 5.17 Of Title 5 As Uncodified Ordinances, And Amending Title 5 Of The Hermosa Beach Municipal Code By Adding A New Chapter 5:16," all to the extent authorized under and consistent with federal and state law. 1.5. Cable Service or Cable Services: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. § 522(6). 1.6. Cable System or System: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C:. § ,522(7), meaning Franchisee's facility, consisting of asset of closed transmission paths and associated signal generation,' reception, and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple Subscribers within the Service Area. The. Cable System shall be limited to the optical spectrum wavelength(s), bandwidth or future technological capacity that is used for the transmission of Cable Services directly to Subscribers within the Franchise/Service Area and shall not include the tangible network facilities of, a common carrier subject in whole or in part to Title II of the Communications Act or of an Information Services provider. • 1,.7: Channel: Shall be defined herein as it is, defined under Section 602 of the Communications Act, 47 U.S.0 § 522(4): 1.8. Communications Act: The Communications Act of 1934, as amended. 1:9. Control: The ability to exercise de facto or de jure control over day-to- day policies and operations or the management of corporate affairs. 1.10. Educational Access Channel: An Access Channel available for the use solely of the local public schools in the Franchise Area. 1.11. FCC: The United States Federal Communications Commission, or successor governmental entity thereto. 1.12. Force Majeure: An event or events reasonably beyond the ability of Franchisee to anticipate and control. This includes, but is not limited to, acts of God, incidences of terrorism, war or riots, labor strikes or civil disturbances, floods, earthquakes, fire, explosions, epidemics, hurricanes, tornadoes, governmental actions and restrictions, work delays caused by waiting for utility providers to service or monitor utility poles to which Franchisee's FTTP Network is attached, and unavailability of materials and/or qualified labor to perform the work necessary. 1.13. Franchise Area: The incorporated area (entire existing territorial limits) of LFA and such additional areas as may be included in the corporate (territorial) limits of LFA during the term of this Franchise. 1.14. Franchisee: Verizon California Inc., and its lawful and permitted successors, assigns and transferees. 1.15. Government Access Channel: An Access Channel available for the sole use of LFA. 1.16. Gross Revenue: All revenue that Franchisee and its Affiliates (to the extent that either is acting as a provider of Cable Service authorized by this Franchise) derives from the operation of Franchisee's Cable System to provide Cable Service in the Service Area, including but not limited to all Subscriber and customer revenues earned or accrued net of bad debts including revenue for: (i) Basic Service; (ii) all fees charged to any Subscribers for any and all Cable Service provided by Franchisee, including without limitation Cable Service related program guides, the installation, disconnection or reconnection of Cable Service; revenues from late or delinquent charge fees; Cable Service related service or repair calls; the provision of converters, remote controls, additional outlets and/or other Cable Service related Subscriber premises equipment, whether by lease or otherwise (except sale); (iii) revenues from the sale or lease of Access Channel(s) or Channel capacity; (iv) advertising revenues (as described below); and (v) revenues from home shopping Channel providers. Gross Revenue also includes franchise fees imposed on Franchisee by LFA that are passed through from Franchisee as a line item paid by Subscribers. Revenue of an Affiliate derived from the Affiliate's provision of Cable Services shall be Gross Revenue to the extent the treatment of such revenue as revenue of the Affiliate and not of Franchisee has the intentional or unintentional effect of evading the payment of Franchise fees that would otherwise be payable to LFA hereunder. Advertising commissions paid to third parties shall not be netted against advertising revenue included in Gross Revenue. In no event shall revenue of an Affiliate be Gross Revenue of Franchisee if such revenue is subject to franchise fees to be paid to LFA for Cable Services. Advertising revenue is based upon the ratio of the number of Subscribers as of the last day of the period for which Gross Revenue is being calculated to the number of Franchisee's subscribers within all areas covered by the particular advertising source as of the last day of such period, e.g., Franchisee sells two ads: Ad "A" is broadcast nationwide; Ad "B" is broadcast only within California. Franchisee has 100 Subscribers in LFA, 500 subscribers in California, and 1000 subscribers nationwide. Gross Revenue as to LFA from Ad "A" is 10% of Franchisee's revenue therefrom. Gross 3 • • • . Revenue as to LFA from Ad "B" is 20% of Franchisee's revenue therefrom. Gross Revenue shall not include: • 1.16.1. Revenues received by any Affiliate or other Person in exchange for supplying goods or services used by Franchisee to provide Cable Service over the Cable System; 1,.16.2. Bad debts written off by Franchisee in the normal course of its business, provided, however, that bad debt recoveries shall be included in Gross Revenue during the period collected; • 1.16.3. Refunds, rebates or discounts made to Subscribers or other third parties; 1.16.4. Any revenues classified, in whole or'. in part, as Non -Cable Services revenue under federal or state law including, without limitation, revenue received from Telecommunications Services; revenue received from Information Services, including, without limitation, Internet Access service, electronic mail service, electronic bulletin board service, or similar online computer services; charges made to the public for commercial or cable television that is used " for two-way communication; and any other revenues attributed by Franchisee to Non -Cable Services in accordance with FCC or state public utility regulatory commission rules, regulations, standards or orders; 1.16.5. Any revenue of Franchisee or any other Person which is received directly from thesale of merchandise through any Cable Service distributed over the Cable System, notwithstanding that portion of such revenue which: represents or can be attributed to a Subscriberfee or a payment for the use of the Cable System for the sale of such merchandise, which portion shall be included in Gross Revenue; 1.16.6. The sale of Cable Services on the Cable System for resale in which the purchaser is required to collect cable franchise fees from purchaser's customer 1.16.7. The sale of Cable Services to customers, which are exempt, as required or allowed by LFA including, without limitation, the provision of Cable Services to public institutions as required or permitted herein; 1.16:8. Any tax of general applicability` imposed upon Franchisee or upon Subscribers by a city, state, federal or any other governmental entity and required to be collected by Franchisee and remitted to the taxing entity (including, but not limited to,`sales/use tax, gross' receipts tax, excise tax, utility users tax, •public service tax, communication taxes and non -cable franchise fees);', 1.16.9. Any foregone revenue which Franchisee chooses not to receive in exchange for its provision of free or reduced cost cable or other communications services to any • Person, including without limitation, employees of Franchisee and public institutions or other institutions designated in the Franchise; provided, however, that such foregone revenue which, Franchisee chooses not to receive in exchange for trades, barters, services or other items of value • shall be included in Gross Revenue; 4 1.16.10. Sales of capital assets or sales of surplus equipment; 1.16.11. Reimbursement by programmers of marketing costs incurred by Franchisee for the introduction and promotion of programming; 1.16.12. Directory or Internet advertising revenue including, but not limited to, yellow page, white page, banner advertisement and electronic publishing; 1.16.13. Any fees or charges collected from Subscribers or other third parties for PEG Grant payments. 1.17. Information Services: Shall be defined herein as it is defined under Section 3 of the Communications Act, 47 U.S.C. §153(20). 1.18. Internet Access: Dial-up or broadband access service that enables Subscribers to access the Internet. 1.19. Initial Service Area: The portion of the Franchise Area as outlined in Exhibit A. 1.20. Local Franchise Authority (LFA): The City of Hermosa Beach, California or the lawful successor, transferee, or assignee thereof. 1.21. Non -Cable Services: Any service that does not constitute the provision of Video Programming directly to multiple Subscribers in the Franchise Area including, but not limited to, Information Services and Telecommunications Services. 1.22. Normal Business Hours: Those hours during' which most similar businesses in the community are open to serve customers. In all cases, "normal business hours" must include some evening hours at least one night per week and/or some weekend hours. 1.23. Normal Operating Conditions: Those service conditions which are within the control of Franchisee. Those conditions which are not within the control of Franchisee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are within the control of Franchisee include, but are not limited to, special promotions, pay-per- view events, rate increases, regular peak or seasonal demand periods, and maintenance or rebuild of the Cable System. See 47 C.F.R. 76.309(c)(4)(ii). 1.24. PEG: Public, educational, and governmental. 1.25. Person: An individual, trust, corporation, or governmental entity. 1.26. Public Access Channel: of the residents in the Franchise Area. 5 partnership, association, joint stock company, An Access Channel available for the sole use • • 1.27. , Public Rights -of -Way: The surface and the area across,_ in, over, along, upon and below the surface of the public streets, roads, bridges, sidewalks, lanes, courts, ways, alleys, and boulevards, including, public utility easements and public lands and waterways used as Public Rights -of -Way, asthe same now or may thereafter exist, which are under the jurisdiction or control of LFA. Public Rights -of -Way do not include the airwaves above a right- of-way with regard to cellular or other nonwire communications or broadcast services. 1.28.. , Service Area: All portions of the Franchise Area where Cable Service is being offered, including the Initial Service Area and any additional service•areas. 1.29. Service Interruption: The loss of picture or sound on one or more cable channels: 1.30: Subscriber: A Person who lawfully receives Cable Service of the Cable System with Franchisee's express permission. 1.31. Telecommunications facilities. Telecommunications Facilities: Franchisee's existing Services. and Information Services facilities and its FTTP Network 1.32. ' Telecommunication Services:: Shall be defined herein as it is defined under Section 3 of the Communications Act, 47 U.S.C. § 153(46). 1.33. Title II: Title II of the Communications Act. 1.34. Title VI: Title VI of the Communications Act. 1.35. Transfer of the Franchise: • 1.35.1. Any transaction in which: 1.35.1.1. an ownership or other interest in Franchisee, is transferred, directly or indirectly, from one Person or group of Persons to another Person or group of Persons, so that control of Franchisee is transferred; or 1.35.1.2. the rights held by Franchisee under .the Franchise are transferred or, assigned to another Person or group of Persons. 1.35.2. However, notwithstanding Sub -subsections 1.35.1.1 and 1.35.1.2 above, a Transfer of the Franchise shall not include transfer' of an ownership or other interest in Franchisee to the parent of Franchisee or to another Affiliate of. Franchisee; transfer of an interest in the Franchise or the rights held by Franchisee -under the Franchise to 'the parent of Franchisee or to another Affiliate of Franchisee; any merger of the parent of Franchisee and a third party that results in the transfer of a direct or indirect interest in Franchisee of less than fifty 'percent (50%); or any merger of an Affiliate of Franchisee and a third party that results in a transfer of a direct or indirect interest in Franchisee of less than fifty percent (50%). 1.36. Video Programming: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. § 522(20). 2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS 2.1. Grant of Authority: Subject to the terms and conditions of this Agreement and the Cable Ordinances, LFA hereby grants Franchisee the right to own, construct, operate and maintain a Cable System along the Public Rights -of -Way within the Franchise Area, in order to provide Cable Service. No privilege or power of eminent domain is bestowed by this grant; nor is such a privilege or power bestowed by this Agreement. 2.2. LFA Does Not Regulate Telecommunications: LFA's regulatory authority under Title VI of the Communications Act is not applicable to the construction, installation, maintenance or operation of Franchisee's FTTP Network to the extent the FTTP Network is constructed, installed, maintained or operated for the purpose of upgrading and/or extending Verizon's existing Telecommunications Facilities for the provision of Non -Cable Services. 2.3. Term: This Franchise shall become effective (the "Effective Date") thirty (30) days following its approval by LFA's governing authority authorized to grant franchises and its acceptance by Franchisee. Franchisee shall memorialize the Effective Date by notifying LFA in writing of the same, which notification shall become a part of this Franchise. The term of this Franchise shall be fifteen (15) years from the Effective Date unless the Franchise is earlier revoked as provided herein. 2.4. Grant Not Exclusive: The Franchise and the right it grants to use and occupy the Public Rights -of -Way to provide Cable Services shall not be exclusive, and LFA reserves the right to grant other franchises for similar uses or for other uses of the Public Rights -of -Way, or any portions thereof, to any Person, or to make any such use themselves, at any time during the term of this Franchise. Any such rights which are granted shall not adversely impact the authority as granted under this Franchise and shall not interfere with existing facilities of the Cable System or Franchisee's FTTP Network. 2.5. Franchise Subject to Federal Law: Notwithstanding any provision to the contrary herein, this Franchise is subject to and shall be governed by all applicable provisions of federal law as it may be amended, including but not limited to the Communications Act. 2.6. No Waiver: 2.6.1. The failure of LFA on one or more occasions to exercise a right or to require compliance or performance under this Franchise, the Cable Ordinances or any other applicable law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance by LFA, nor to excuse Franchisee from complying or performing, unless such right or such compliance or performance has been specifically waived in writing. 2.6.2. The failure of Franchisee on one or more occasions to exercise a right under this Franchise or applicable law, or to require performance under this Franchise, shall not be deemed to constitute a waiver of such right or of performance of this Agreement, nor shall 7 • it excuse LFA from performance, unless suchrightor performance has been specifically waived in writing. 2.7. Construction of Agreement: 2.7.1. The provisions of this . Franchise shall be liberally construed to effectuate their objectives: The parties agree that this Agreement, rather than. the Cable Ordinances, contains all terms and conditions applicable to this Franchise. In the event of a conflict between the Cable Ordinances and this Agreement, this Agreement shall prevail. 2.7;2. The following, Cable Ordinances provisions not addressed by this Agreement donot apply to this Franchise: 5.16.035 5.16.050(I)(2) 5.16.060(A), (B) & (C)" Article 3 Article 4 5.16.170(A) (definitions of "Franchise 'fee "Multichannel video programming distributor" or "video programming distributor", and "Video • provider") 5.16.180 2.7.3. Nothing herein shall be construed to limit the scope or .applicability of Section 625 Communications Act, 47 U.S.C. § 545. 2.7.4. Should any change to state law 'have .the lawful effect of materially altering the terms and conditions of this Franchise,then the parties shall modify this Franchise to the mutual satisfaction of both parties to ameliorate the` negative effects on Franchisee of the material alteration. Ifthe parties cannot reach agreement on the above -referenced` modification -- to the Franchise, then Franchisee may terminate this Agreement without further obligation to LFA. or, at Franchisee's option, the parties agree to, submit the matter to binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. 2.8. Police Powers: Nothing in the Franchise shall be 'construed to prohibit the reasonable, necessary and lawful exercise of LFA's police powers. However, if the reasonable, necessary and lawful exercise of LFA's police ':power results in` any material alteration of the terms and conditions of this Franchise, then the` parties shall modify` this Franchiseto the mutual satisfaction of both parties to ameliorate the negative effects on Franchisee of the, material alteration. If the, parties cannot reach agreement on the above -referenced modification to the Franchise, then Franchisee may terminate this Agreement without further obligation to LFA or, at Franchisee's option, the parties agree to submit:the matter to bindingrarbitration in accordance with the commercial arbitration rules of the AmericamArbitration Association. 3. PROVISION OF CABLE SERVICE 3.1. Service Area: 3.1.1. Initial Service Area: Franchisee shall offer Cable Service to multiple Subscribers in residential areas of the Initial Service Area, and may make Cable Service available to businesses in the Initial Service Area, within twelve (12) months of the Effective Date of this Franchise (the "Service Date") and to all residential areas of the Initial Service Area within twelve (12) months of the Service Date, except: (A) for periods of Force Majeure; (B) for periods of delay caused by LFA; (C) for periods of delay resulting from Franchisee's inability to obtain authority to access rights-of-way in the Service Area; (D) in areas where developments or buildings are subject to claimed exclusive arrangements with other providers; (E) developments or buildings that Franchisee cannot access under reasonable terms and conditions after good faith negotiation, as determined by Franchisee; and (F) in developments or buildings that Franchisee is unable to provide Cable Service for technical reasons or which require non- standard facilities which are not available on a commercially reasonable basis; and (G) in areas where the occupied residential household density does not meet the density requirement set forth in Sub -section 3.1.1.1. 3.1.1.1. Density Requirement: Franchisee shall make Cable Services available to residential dwelling units in all areas of the Initial Service Area where the average density is equal to or greater than 30 occupied residential dwelling units per mile as measured in strand footage from the nearest technically feasible point on the active FTTP Network trunk or feeder line. Should, through new construction, an area within the Initial Service Area meet the density requirements after the time stated for providing Cable Service as set forth in Subsections 3.1.1 and 3.1.2 respectively, Franchisee shall provide Cable Service to such area within six (6) months of receiving notice that the density requirements have been met. 3.1.2. Additional Service Areas: Aside from the Initial Service Area, Franchisee shall not be required to extend its Cable System or to provide Cable Services to any other areas within the Franchise Area duringthe term of this Franchise or any Renewals thereof. If Franchisee desires to add additional Service Areas within the Franchise Area, Franchiseeshall notify LFA in writing of such additional Service Area at least ten (10) days prior to providing Cable Services in such areas. 3.2. Availability of Cable Service:, Franchisee shall make Cable Service available to all residential dwelling units and may make Cable Service available to businesses within the Initial Service Area in conformance with Section 3.1 and Franchisee shall not discriminate between or among any individuals in the availability of Cable Service. In the areas in which Franchisee shall provide Cable Service, Franchisee shall be required to connect, at Franchisee's expense, all residential dwelling units that are within one hundred twenty-five (125) feet of trunk or feeder lines not otherwise already served by Franchisee's FTTP Network. Franchisee shall be allowed to recover, from a Subscriber that requests such connection, actual costs incurred for residential dwelling unit connections that exceed 125 feet and actual costs incurred to connect any non-residential dwelling unit Subscriber. 3.3. Cable Service to Public Buildings: Subject to Section 3.1, Franchisee shall provide, without charge within the Service Area, one service outlet activated for Basic Service to the public buildings designated by LFA in Exhibit B; provided, however, that if it is necessary to extend Franchisee's trunk or feeder lines more than one hundred twenty-five (125) feet solely to provide service to any such school or public building, LFA shall have the option either of paying 9 • • • • Franchisee's direct costs for such extension in excess of one hundred twenty-five (125) feet, or of releasing Franchisee from the obligation to provide service to such building. Furthermore, Franchiseeshall be permitted to recover; from any school or other public building owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet, or concealed inside wiring, or a service outlet requiring more than one, hundred twenty-five:. (125) feet of drop cable; provided, however, that Franchisee shall not charge for the provision of Basic Service to the additional service outlets once installed. 4. SYSTEM OPERATION The parties recognize that Franchisee's FTTP Network is being constructed and 'will be operated and maintained as an upgrade to and/or, extension of its existing Telecommunications Facilities. The jurisdiction of LFA over,, such Telecommunications Facilitiesis restricted by federal. and state law, and LFA does not assert jurisdiction over Franchisee's FTTP Network in contravention of those. limitations. 5. SYSTEM FACILITIES 5.1. System .Characteristics: Franchisee's Cable -System shall meet or exceed the following requirements: 5.1.1. The System shall be designed with an initial analog passband of 860 MHz. 5.1.2. The System shall be designed to be an active two-way plant for subscriber interaction, if any, required for selection or use of Cable Service. 52. Interconnection: Franchisee shall design its Cable System so that it may be interconnected with other cable systems in the Franchise Area. Interconnection of systems may be made by direct cable connection, microwave link, satellite, or other appropriate methods. 5.3. Emergency'AlertSysterri: 5.3.1. Franchisee shall comply with the Emergency Alert System ("EAS") requirements of the FCC in order that emergency messages may be distributed over the System. 5.3.2. LFA shall permit only appropriately trained ` and authorized Persons to operate the EAS equipment and shall takereasonable precautions to prevent any use of the Cable Systemin any manner that results in inappropriate use thereof, or any loss or damage to the Cable System. Except to the extent expressly prohibited by law, LFA shall hold Franchisee, its employees, officers and assigns harmless from any claims arising out of use of the EAS, including, but not limited to, reasonable attorneys' fees and costs. PEG SERVICES 6.1.- PEG Set Aside 10 6.1.1. In order to ensure universal availability of public, educational and government programming, Franchisee shall provide on the Basic Service Tier one (1) dedicated Public Access Channel, one (1) dedicated Educational Access Channel, and one (1) dedicated Government Access Channel (collectively, "PEG Channels"). 6.1.2. Franchisee shall provide up to two additional PEG Channels dedicated exclusively to PEG purposes pursuant to the following criteria; provided, however, Franchisee shall not be obligated to provide an additional PEG Channel unless all cable providers within the Franchise Area similarly provide such additional PEG Channel: 6.1.2.1. The three PEG Channels described in Section 6.1.1. must be in use and programmed with PEG programming during at least eighty percent (80%) of the weekdays for at least eighty percent (80%) of the time during any consecutive thirteen (13) -hour period for ten (10) consecutive weeks. For this purpose, programming consisting of character - generated text, repeat programming, and programming produced more than six months previously or programming not -produced or submitted by a City access user or resident shall not be counted. 6.1.2.2. No more than thirty-three and a third percent (33-1/3%) of the aggregate hours utilized for PEG programming during such ten (10) week period can represent repeat programming. 6.1.2.3. LFA must have a documented need for additional programming capacity that cannot be fulfilled by existing PEG Channels. 6.1.2.4. So long as the origination point is an existing one in the Service Area, any additional PEG Channel shall be made available within 12 months following LFA's written request (which shall constitute LFA's authorization to transmit the PEG Channels within and without the LFA) and verification of compliance with each of the foregoing conditions. If the origination point is not an existing one in the Service Area, the timing of the availability and other conditions will be by mutual agreement of the parties. In no event shall the origination point be located outside the Franchise Area. 6.1.2.5. Each additional PEG Channel may be provided, at the Franchisee's option, on either the Basic Service Tier or a digital tier, and if they are provided on the digital tier, Subscribers will be required to lease or otherwise pay for a set top box in order to receive the additional PEG Channels. 6.1.3. Within ten (10) days after the Service Date, LFA shall notify Franchisee of the programming to be carried on each of the PEG Channels set aside by Franchisee, as listed in Exhibit C. Such notification shall constitute authorization to Franchisee to transmit such programming within and without the LFA. Thereafter, Franchisee shall assign the PEG Channels on its channel line-up as set forth in such notice, to the extent such channel assignments do not interfere with Franchisee's existing or planned channel line up. If a PEG Channel provided under this Article is not being utilized by LFA, Franchisee may utilize such PEG Channel, in its sole discretion, until such time as LFA elects to utilize the PEG Channel for its intended purpose. 11 • • • • 6.1.4. Interconnection Required. For purposes of public, educational, and governmental programming consistent with this Franchise, Franchisee shall in accordance with this Section 6.1.3, interconnect the Cable System with any other cable system serving the Franchise. Area (each an "Other System"). Such interconnection may be accomplished by direct cable, microwave link, satellite or other reasonable method of connection. 6.1.4:1. Interconnection Procedure. Within 30 days Of the Service Date, -Franchisee shall • initiate negotiations with the owner(s) and operator(s) of all Other Systems) to determine their equitable share of costs for both construction and operation of the interconnection link. Franchisee shall negotiate in good faith with existing cable operator(s) respecting reasonable, mutually convenient, cost-effective, and . technically viable interconnection points; 'methods, terms and conditions. LFA shall require the existing cable, operator(s) to provide such interconnection to Franchisee on reasonable terms and conditions. The construction costs and ongoing' expenses Of interconnection shall be fairly shared between Franchisee and the existing, cable operator(s): Franchisee and the existing cable operator(s) shall negotiate the precise terms and conditions of.an interconnection agreement. LFA shall use its best efforts to facilitate these negotiations: 6.1.4.2. Relief If the parties are unable to reach agreement on the terms of interconnection, including, but not limited to, compensation and, timing, the dispute shall be submitted to LFA' for resolution. Franchisee shall be granted reasonable extensions of time to interconnect, which shall' be granted if Franchisee has negotiated in good faithand has failed to obtain an approval from the owner or operator of the Other System(s). If the cost of interconnection would be unreasonable, interconnection is not technically feasible or would cause an unacceptable increase in Subscriber rates, or if an existing cable operator will not agree to reasonable terms and conditions of interconnection, Franchisee's failure to comply with the obligation to carry PEG programming originating on the cable system of the existing cable operator or to interconnect the Cable System: will not be deemed a violation of the franchise enforceable. under Article 13 of this Agreement: 6.2: PEG Grant: 6.2.1:. Franchisee shall provide an annual grant to - LFA to be used in support of the production of local PEG programming (the "Annual PEG .Grant"). Such grant shall be used by LFA, for PEG access equipment, including, but not limited 4o, studio and portable production equipment, editing equipment and program playback equipment, or for renovation or construction of PEG access facilities: 6.2.2. The Annual PEG Grant provided by Franchisee hereunder shall be the sum of $0.35, per month, per Subscriber in the Service Area to Franchisee's Basic Service Tier. The Annual PEG Grant is subject to Franchisee's verification of the incumbent cable operator's actual cost of supporting the production of local PEG programming for LFA to ensure , that there is an equal contribution on a per Subscriber basis. The Annual PEG Grant provided by Franchisee will increase based on the verifiable needs of the LFA for PEG programming up to the sum of $0.65, per month, per Subscriber or decrease to match the future contributions made 12 by the incumbent cable operator on a per month, per Subscriber basis. The Annual PEG Grant payment, along with a brief summary of the Subscriber information upon which it is based, shall be delivered to LFA within sixty (60) days after the beginning of each calendar year during the Franchise Term. Calculation of the Annual PEG Grant will commence with the first calendar month during which Franchisee obtains its first Subscriber in the Service Area. 6.2.3. LFA shall provide Franchisee with a complete accounting annually of the distribution of funds granted pursuant to this Section 6.2. 6.3. All local producers and users of any of the PEG facilities or Channels shall agree in writing to authorize Franchisee to transmit programming consistent with this Agreement and to defend and hold harmless Franchisee and LFA, from any and all liability or other injury, including the reasonable cost of defending claims or litigation, arising from or in connection with claims for failure to comply with applicable federal laws, rules, regulations or other requirements of local, state or federal authorities; for claims of libel, slander, invasion of privacy, or the infringement of common law or statutory copyright; for unauthorized use of any trademark, trade name or service mark; for breach of contractual or other obligations owing to third parties by the producer or user; and for any other injury or damage in law or equity, which result from the use of a PEG facility or Channel. 6.4. To the extent permitted by federal law, Franchisee shall be allowed to recover the costs of an Annual PEG Grant or any other costs arising from the provision of PEG services from Subscribers and to include such costs as a separately billed line item on each Subscriber's bill. Without limiting the forgoing, if allowed under state and federal laws, Franchisee may externalize, line -item, or otherwise pass-through interconnection costs to Subscribers. 7. FRANCHISE FEES 7.1. Payment to LFA: Franchisee shall pay to LFA a Franchise fee of five percent (5%) of annual Gross Revenue. In accordance with Title VI of the Communications Act, the twelve (12) month period applicable under the Franchise for the computation of the Franchise fee shall be a calendar year. Such payments shall be made no later than forty-five (45) days following the end of each calendar quarter. Franchisee shall be allowed to submit or correct any payments that were incorrectly omitted, and shall be refunded any payments that were incorrectly submitted, in connection with the quarterly Franchise fee remittances within 90 days following the close of the calendar year for which such payments were applicable. 7.2. Supporting Information: Each Franchise fee payment shall be accompanied by a brief report prepared by a representative of Franchisee showing the basis for the computation. 7.3. Limitation on Franchise Fee Actions: The period of limitation for recovery of any Franchise fee payable hereunder shall be three (3) years from the date on which payment by Franchisee is due. 7.4. Bundled Services: If Cable Services subject to the Franchise fee required under this Article 7 are provided to Subscribers in conjunction with Non -Cable Services, the 13 • • • Franchise fee shall be applied .only to the value of the Cable Services, as reflected on the books and records of Franchisee in accordance with FCC or state public utility regulatory commission rules, regulations, standards or orders. Franchisee. shall not allocate revenue between Cable Services and Non -Cable Services for.the purpose or with the intent of evading or substantially reducing- Franchisee's Franchise fee obligations to the LFA. Tariffed telecommunication services that cannot be discounted by state and/or federal regulatory rules areexcluded from the allocation; basis for thebundle discount. 8:, CUSTOMER SERVICE Consumer Protection and Service Standards are set forth in Exhibit D, which shall be binding unless amended by written consent of the parties. 9. REPORTS AND RECORDS 9.1. Annual Report. Within thirty, calendar ,(3Q) days of its filing, Franchisee shall provide the LFA with a copy of Verizon Communications Inc.'s most recent annual report filed with the Securities and Exchange Commission. Such annual statement shall be prepared in accordance with generally accepted accounting principles. 9.2. Audit. of Franchise Fee Payments. Franchisee shall not be required to comply with this Section 9.2 until all other cable operators in the Franchise Area are required to comply with the material provisions of this Section 9.2. 9.2.1.. LFA, or its designee, , may conduct an audit or other inquiry in relation to payments made by `Franchisee no more than once every three (3) years during the Term. As a part of the audit process, LFA or LFA's designee may inspect Franchisee's books of accounts relative to LFA at any time during regular business hours and after thirty (30) calendar daysprior written notice. 9.2.2. All records deemed by LFA or LFA's designee to be reasonably. necessary for such audit shall be made available by Franchisee in a mutually agreeable format groperation in any audit and shall provide response q to give its full cooperation and location. Franchisee agrees responses to inquiries within thin (30) calendar days of a written request.-• Franchisee may provide such responses within a reasonable time after the expiration of the response period above so long as Franchisee has made a good faith effort to procure any such tardy response: 9:2.2:1: If the results of any audit indicate that Franchisee (i) paid thecorrect franchise fee, (ii) overpaid. the franchise fee and is entitled to a refund or credit, or in underpaid the franchise fee byfivep(5%)or less, rp percent: then LFA shall pay the costs of the audit. If the results of the audit indicate. Franchisee underpaid the franchise fee by more than five percent (5%), then Franchisee shall pay the reasonable, documented, third -party costs of the audit. LFA agrees that any audit shall be performed in good faith. 9.3. Access to Books. Upon reasonable prior written notice to Franchisee, LFA shall have the right to inspect, during Normal Business Hours and on a nondisruptive basis, all books, financial statements, contracts, service complaint logs, performance test results, records of requests for Cable Services that are directly relevant to the Franchisee's compliance with the 14 requirements and obligations imposed upon it by this Agreement, or applicable law as it relates to this Franchise. The right of LFA to inspect under this Section extends to the material identified above that is in the possession or under direct control of Franchisee, and of any other Person designated by Franchisee for managing and administering the Cable System to the extent that Franchisee has the right to require such other Person to make such records available to LFA. LFA's notice of inspection shall specifically reference the section or subsection of the Franchise which is under review, so that Franchisee may organize the necessary books and records for appropriate access by LFA. Franchisee shall not be required to maintain any books and records for Franchise compliance purposes longer than three (3) years. 9.4. Franchisee shall report to LFA on a quarterly basis the following measurements: Subscriber service calls by reason; telephone availability performance; on-time performance for installations, maintenance appointments and service interruptions; and technical performance as reflected in dispatched trouble calls and service interruptions. 9.5. Proprietary Information. 9.5.1. Notwithstanding anything to the contrary set forth herein, Franchisee shall not be required to disclose information that it reasonably deems to be proprietary or confidential in nature, nor disclose any of its or an Affiliate's books and records not relating to the provision of Cable Service in the Service Area. LFA agrees to treat any information disclosed by Franchisee as confidential and only to disclose it to employees, representatives, and agents thereof that have a need to know, or in order to enforce the provisions hereof. Franchisee shall not be required to provide Subscriber information in violation of Section 631 of the Communications Act, 47 U.S.C. §551. 9.5.2.. Upon a request for confidentiality by the Franchisee, information obtained by the LFA pursuant to this Agreement shall be made available only to persons needing access to the materials in order to perform their responsibilities on behalf of or for the LFA and, as to all other persons, shall be treated as confidential to the extent permitted by law. The LFA shall promptly notify Franchisee whenever a third party seeks access to Franchisee's confidential information, whether pursuant to the Public Records Act or otherwise. Franchisee agrees and acknowledges that LFA does not have any responsibility or obligation to seek legal or equitable relief to prevent the dissemination of the confidential information, unless required by law. Franchisee may, in its sole discretion and expense, take any steps it deems necessary to protect its rights in the confidential information. Franchisee also maintains the right to require that the LFA execute a confidentiality and/or non -appropriation agreement prior to gaining access to any materials under this section. Nothing in this section shall be read to require the LFA or Franchisee to violate the Cable Act, 47 U.S.C. §551, or the California Public Records Act. 9.6. Records Required: Franchisee shall at all times maintain: 9.6.1. Records of all written complaints for a period of three years after receipt by Franchisee. The term "complaint" as used herein refers to complaints about any aspect of the Cable System or Franchisee's cable operations, including, without limitation, complaints about employee courtesy. Complaints recorded will not be limited to complaints requiring an employee service call; 15 • • • • 9.6.2. Records of outages for a period of three years after occurrence, indicating date, duration, area, and the number of Subscribers affected, type of outage, and cause; 9.6.3. Records of service calls for repair and maintenance for a period of three years after resolution by Franchisee, indicating the date and time service was required, the date of acknowledgment and date and time service was scheduled (if it was scheduled), and the date and time service was provided, and (if different) the date and time the problem was resolved; 9.6:4. Records of installation/reconnection and . requestsfor service extension for a period of three years after the request was fulfilled by Franchisee, indicating the date of request,date of acknowledgment, and the date and time service was extended; and 9.6.5. A, public file showing the area of coverage for the provisioning of Cable Services and estimated timetable to commence providing Cable Service. 10. INSURANCE AND INDEMNIFICATION . 10.1 Insurance: 10.1.1. Franchisee shall maintain in full force and effect, at its own cost and expense, during the Franchise Term, the following insurance coverage: 10.1.1.1. Commercial General Liability Insurance in the amount of five million dollars ($5,000,000) combined single limit for property damage and bodily injury: Such insurance shall cover the construction, operation and maintenance of the Cable System, and the conduct of Franchisee's Cable Service business in LFA. 10.1.1.2. Automobile. Liability Insurance in the amount of one million dollars ($1,000,000) combined single limit for bodily injury and property damage coverage. 10.1.1.3. Workers' Compensation Insurance meeting all legal requirements of the State of California. 10.1.1.4. Employers' Liability Insurance in the following amounts: (A) Bodily Injury by Accident: $100,000, and (B) Bodily Injury by Disease: $100,000 employee limit; $500,000 policy limit 101.2. LFA'sha1lbe designated as an additional insured under each of the insurance -policies required in this Article 10 except Worker's Compensation and : Employer's , Liability Insurance. 10.1.3. Franchisee shall not cancel any required insurance policy without. submitting documentation to LFA verifying that Franchisee has obtained alternative insurance in conformance with this Agreement: 16 10.1.4. Each of the required insurance _policies shall be with sureties qualified to do business in the State of California, with an A- or better rating for financial condition and financial performance by Best's Key Rating Guide, Property/Casualty Edition. 10.1.5. Upon written request, Franchisee shall deliver to LFA Certificates of Insurance showing evidence of the required coverage. 10.2. Indemnification: 10.2.1. Franchisee agrees to indemnify, save and hold harmless, and defend LFA, its officers, agents, boards and employees, from and against any liability for damages or . claims resulting from tangible property damage or bodily injury (including accidental death), to the extent proximately caused by Franchisee's negligent construction, operation, or maintenance of its Cable System, provided that LFA shall give Franchisee written notice of its obligation to indemnify LFA within fifteen (15) days of receipt of a claim or action pursuant to this subsection; provided further that LFA will be in breach of this Section 10.2.1 if LFA provides written notice after such fifteen (15) day period and Franchisee is prejudiced by such notice. Notwithstanding the foregoing, Franchisee shall not indemnify LFA, for any damages, liability or claims resulting from the willful misconduct or negligence of LFA, its officers, agents, employees, attorneys, consultants, independent contractors or third parties or for any activity or function conducted by any Person other than Franchisee in connection with PEG Access or EAS, or the distribution of any Cable Service over the Cable System. 10.2.2. With respect to Franchisee's indemnity obligations set forth in Subsection 10.2.1, Franchisee shall provide the defense of any claims brought against the LFA by selecting counsel of Franchisee's choice to defend the claim, subject to the consent of the LFA, which shall not unreasonably be withheld. Nothing herein shall be deemed to prevent the LFA from cooperating with the Franchisee and participating in the defense of any litigation by its own counsel at its own cost and expense, provided however, that after consultation with the LFA, Franchisee shall have the right to defend, settle or compromise any claim or action arising. hereunder, and Franchisee shall have the authority to decide the appropriateness and the amount of any such settlement. In the event that the terms of any such settlement does not include the release of the LFA and the LFA does not consent to the terms of any such settlement or compromise, Franchisee shall not settle the claim or action but its obligation to indemnify the LFA shall in no event exceed the amount of such settlement.. 10.2.3. LFA shall hold Franchisee harmless and shall be responsible for damages, liability or claims resulting from willful misconduct or negligence of LFA. 10.2.4. LFA shall be responsible for its own acts of willful misconduct or negligence, or breach of obligation committed by LFA for which LFA is legally responsible, subject to any and all defenses and limitations of liability provided by law. Franchisee shall not be required to indemnify LFA for acts of LFA which constitute willful misconduct or negligence, on the part of LFA, its officers, employees, agents, attorneys, consultants, independent contractors or third parties. 17 • 11. TRANSFER OF FRANCHISE Subject to Section 617 of the Communications Act, 47 U.S.C. § 537, no Transfer of the Franchise shall occur without the prior consent of LFA,provided that such consent shall not be unreasonably withheld, delayed or conditioned. No such consent shall be required, however, for. a transfer in trust, by mortgage, by other hypothecation, by assignment of any rights, title, or interest of Franchisee in the Franchise or Cable System in order to secure indebtedness, or otherwise excluded under Section 1.34 above. 12. RENEWAL OF FRANCHISE 12.1. LFA and Franchisee agree that any proceedings undertaken by LFA that relate to the renewal of this Franchise shall be. governedby and comply with the provisions of Section 626 of the Communications Act, 47 U.S':C. § 546. 12.2. In addition to the procedures set forth in said Section 626 of the Communications Act, LFA agrees to notify Franchisee of all assessments regarding the identity of future cable -related community needs and interests, as well as the past performance of Franchisee under the then current Franchise term. LFA further agrees to provide Franchisee with a copy of any, completed assessments promptly so that Franchisee has adequate time tosubmit a proposal under Section 626 and complete renewal of the Franchise prior to expiration of its term. 12.3. Notwithstanding anything to the contrary set forth, herein, Franchisee and LFA agree that at any time during the term of the then current Franchise, while affording the public appropriate notice and opportunity to comment, LFA and Franchisee may agree to undertake and finalize informal negotiations regarding renewal, of the then. current Franchise and LFA may grant a renewal thereof. 12.4 Franchisee and LFA consider the terms set forth in this Article 12 to be consistent with the express provisions of Section 626: 13. ENFORCEMENT AND TERMINATION OF FRANCHISE 13.1. Security Fund. Franchisee shall not be required to comply with this Section 13.1 until all other cable operators in the Franchise Area are required to comply with the material provisions of this Section 13.1. 13.1.1. Creation of Security Fund. Within sixty (60) days following the Service Date, Franchisee shall establish and provide to LFA a security fund ("Security Fund"), as security for the faithful performance by Franchisee of all material provisions of this Agreement. ten thousand dollars ($10,000)and-shall be in the. The SecurityFund shall be in thearriount, of form of an irrevocable letter of credit payable to the order of the LFA with any interest distributable to Franchisee. 13.1.2. Amount of Security Fund. The Security Fund shall be maintained at the ten thousand dollar ($10,000) level throughout the term of the Agreement; provided that Franchisee shall not be required to maintain the ten thousand dollar ($10,000) level once LFA has begun to assess amounts pursuant to Section 13.1.3 below. 18 13.1.3. Procedure for Assessing Security Fund. 13.1.3.1. If Franchisee fails to perform in a timely manner any material obligation (a "violation") required by this Franchise, and if Franchisee does not take the action set forth in 13.1.3.2., LFA may assess amounts from the Security Fund thirty (30) days after receipt of written notice by the Franchisee of LFA's intention to draw upon the Security Fund. LFA's written notice to Franchisee shall specify all such violations alleged to have occurred. 13.1.3.2. In the event the LFA determines that a violation exists and that Franchisee has not corrected the same in a satisfactory manner or has not diligently commenced correction of such violation within the thirty (30) day time period described above, LFA may elect to assess an amount of up to two hundred dollars ($200) per day from the Security Fund. 13.1.3.3. If LFA elects to assess amounts from the Security Fund, then such election shall constitute LFA's exclusive remedy for a period of thirty (30) days. Thereafter, LFA may pursue other remedies set forth in this Article 13. 13.1.4. Other Representations. If LFA's assessment is found to be improper by any court or agency of competent jurisdiction, Franchisee shall be entitled to a refund of the funds plus interest and any other award that such court or agency shall make. 13.2. Notice of Violation: In the event that LFA believes that Franchisee has not complied with the terms of the Franchise and LFA elects not to assess the Security Fund, LFA shall informally discuss the matter with Franchisee. If these discussions do not lead to resolution of the problem, LFA shall notify Franchisee in writing of the exact nature of the alleged noncompliance. 13.3. Franchisee's Right to Cure or Respond: Franchisee shall have fifteen (15) days in the case of the failure of the Franchisee to pay any sum or other amount due the LFA under this Agreement, and thirty (30) days in all other cases, from receipt of the written notice described in Section 13.1 to: (i) respond to LFA, if Franchisee contests (in whole or in part) the assertion of noncompliance; (ii) cure such default; or (iii) in the event that, by the nature of default, such default cannot be cured within the thirty (30) day period, initiate reasonable steps to remedy such default and notify LFA of the steps being taken and the projected date that they will be completed. 13.4. Written Notice From LFA: In the event that Franchisee fails to respond to the written notice described in Section 13.2 pursuant to the procedures set forth in Section 13.3, or in the event that the alleged default is not remedied within thirty (30) days or the date projected pursuant to Section 13.2(iii) above, if it intends to continue its investigation into the default, then LFA shall provide the Franchisee with written notice thereof. Such written notice shall set forth the reasons why LFA believes that Franchisee has not cured the default and shall set forth LFA's proposed action which may include the following: 13.4.1. Seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages; or 19 • • • • 13.4:2. Commence an action at law for monetary damages or seek other equitable relief; or. 13.4.3. In the case of a substantial material default of a.material provision of the Franchise, seek to revoke the Franchise in accordance with Section 13.5. 13:5.Public Hearin Should LFA. seek to revoke the Franchise after following .' the procedures set forth in Sections 13.2 through 13:4 above, LFA shall give written notice to Franchisee of its intent. The notice shall set forth the exact nature ,of the noncompliance: Franchisee shall have ninety (90) days from suchnotice to object in writing and to state its reasons for such objection. In the event LFA has not received a satisfactory response from Franchisee, it may then seek termination of the Franchise at a public hearing: LFA shall cause to be served upon Franchisee, at least thirty (30) days prior to such public hearing, a written notice specifying the time and place of such hearing and stating its intent"to revoke the Franchise 13.5.1:. At the designated hearing, Franchisee shall be provided a fair opportunity for full participation, including the right t'o be represented by legal counsel, to introduce relevant evidence, to require the production of evidence, to compel the relevant testimony of. the officials, agents, employees or consultants of LFA, to compel the testimony of other persons as permitted by law, and to question and/or cross examine witnesses. A complete verbatim record and transcript shall be made of such hearing. 13.5.2. Following the public hearing, Franchisee shall be provided up to.. thirty (30) days to submit its proposed findings and conclusions in writing and thereafter LFA shall determine (i) whether an Event of Default' has occurred; (ii) whether such Event of Default. is excusable; and (iii), whether such Event of Default has been cured, or will be cured by Franchisee. LFA shall also determine whether to revoke the Franchise based on the information presented, or, where applicable, grant additional time to Franchisee to' effect any cure. If LFA determines that`the. Franchise shall be revoked, LFA shall promptly provide Franchisee with a written decision setting forth its reasoning. Franchisee may appeal such determination of LFA to an appropriate court, which shall have the power to review the decision of LFA de novo. Franchisee shall -be entitled to such relief as, the court finds appropriates Such appeal must be taken within sixty (60) days of Franchisee's receipt of the determination of the franchising authority. 13.5.3. LFA may, at its sole discretion,, take any lawful action which it deems appropriate to enforce LFA's rights under„ the Franchise in lieu of revocation of the Franchise: 13.6. Franchisee Termination: Franchisee shall have the right to terminate this Franchise and all obligations hereunder within ninety- (90) days after the ,.end of three (3) years from the Service Date, if at' the end of such three (3) year period Franchisee does not then in good faith believe it has achieved a commercially reasonable level of Subscriber penetration on its Cable System. Franchisee may consider• Subscriber penetration levels outside the Franchise Area in this determination. Notice to terminate under this Section 13.6 shallbe given to the City in writing, with such termination to take effect no sooner than one hundred and twenty (120) days after giving such notice. Franchisee shall also be required to -give its then current 20 Subscribers not less than ninety (90) days prior written notice of its intent to cease Cable Service operations. 14. MISCELLANEOUS PROVISIONS 14.1. Actions of Parties: In any action by LFA or Franchisee that is mandated or permitted under the terms hereof, such party shall act in a reasonable, expeditious, and timely manner. Furthermore, in any instance where approval or consent is required under the terms hereof, such approval or consent shall not be unreasonably withheld, delayed or conditioned. 14.2. Binding Acceptance: This Agreement shall bind and benefit the parties hereto and their respective heirs, beneficiaries, administrators, executors, receivers, trustees, successors and assigns, and the promises and obligations herein shall survive the expiration date hereof. 14.3. Preemption: In the event that federal or state law, rules, or regulations preempt a provision or limit the enforceability of a provision of this Agreement, the provision shall be read to be preempted to the extent, and for the time, but only to the extent and for the time, required by law. In the event such federal or state law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision hereof that had been preempted is no longer preempted, such provision shall thereupon return to full force and effect, and shall thereafter be binding on the parties hereto, without the requirement of further action on the part of LFA. 14.4. Force Majeure: Franchisee shall not be held in default under, or in noncompliance with, the provisions of the Franchise, nor suffer any enforcement or penalty relating to noncompliance or default, where such noncompliance or alleged defaults occurred or were caused by a Force Majeure. 14.4.1. Furthermore, the parties hereby agree that it is not LFA's intention to subject Franchisee to penalties, fines, forfeitures or revocation of the Franchise for violations of the Franchise where the violation was a good faith error that resulted in no or minimal negative impact on Subscribers, or where strict performance would result in practical difficulties and hardship being placed upon Franchisee which outweigh the benefit to be derived by LFA and/or Subscribers. 14.5. Notices: Unless otherwise expressly stated herein, notices required under the Franchise shall be mailed first class, postage prepaid, to the addressees below. Each party may change its designee by providing written notice to the other party. 14.5.1. Notices to Franchisee shall be mailed to: Verizon California, Inc. Attn: Tim McCallion, President - Pacific Region 112 Lakeview Canyon Road Thousand Oaks, CA 91362 14.5.2. with a copy to: 21 Verizon Communications Inc. Attn: Jack, H White, VP and Associate General Counsel 1515 North Court House Road., 5th Floor, Room 500 Arlington, VA 22201., 14.5.3. Notices to LFA, shall be mailed to: Stephen Burrell City Manager, 1315. Valley Drive Hermosa Beach, CA 90254-3885 14.6. Entire Agreement This Franchise and the Exhibits hereto constitute the entire agreement between Franchisee and LFA. Amendments to this Franchise shall be mutually' agreed to in writing by the parties. 14.7. Captions: The captions and headings of articles and sections, throughout this Agreement are intended solely. to .facilitate reading and reference to the sections and provisions of this Agreement. Such captions shall not affect the meaning or interpretation of this Agreement. • • 14.8. Severability: If any section, subsection, sentence, paragraph, term, or provision hereof is determined to be illegal, invalid, or unconstitutional, by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such determination shall have no effect on the validity of any other section, subsection, sentence, paragraph, term or provision hereof, all of which will remain in fullforce and effect for the term of the Franchise. 14.9. Recitals:. The recitals, set forth in this Agreement are incorporated into the body of this Agreement as if they had been originally set forth herein. 14.10. Franchisee's FTTP Network: LFA and Franchisee recognize and agree that due to the nature of Franchisee's FTTP Network, certain provisions of the Cable Ordinances arenot applicable to Franchisee: 14.11. Modification: This Franchise shall. not be , modified except by written instrument executed by both parties.. 14.12. FTTP Network Transfer Prohibition: Under no circumstance including, without limitation, upon expiration, revocation, termination, denial of renewal of the Franchise or any other action to forbid or disallow Franchisee , from providing Cable Services, shall Franchisee or its assignees be required to sell any right, title, interest, use or control of . any portion of Franchisee's FTTP Network including, without limitation, any spectrum capacity used for cable service or otherwise, to LFA or any third party. Franchisee shall not be required to remove the FTTP Network(s) or to relocate the FTTP Network(s) as a result of revocation, expiration, termination, denial of renewal or any other action to forbid or disallow Franchisee 22 from providing Cable Services. This provision is not intended to contravene leased access requirements under Title VI or PEG requirements set out in this Agreement. 14.13. Acceptance Fee. Franchisee shall pay LFA $10,000 as an acceptance fee within thirty (30) days following the Service Date. SIGNATURE PAGE FOLLOWS 23 • • • AGREED TO THIS DAY OF 2006. CITY OF'HERMOSA BEACH By:, Approved as to form: Peter Tucker Michael Jenkins Mayor City Attorney VERIZON CALIFORNIA INC. By: Tim McCallion, President, Pacific Region EXHIBITS Exhibit A: Service Area Exhibit B: Municipal Buildings to be Provided Free. Cable Service Exhibit C: PEG Channels Exhibit D: Consumer Protection and Service Standards 24 EXHIBIT A SERVICE AREA MAP Service Area Map for the City of Hermosa Beach, California nitial Service Area - ^`' Redondo WC LFA Boundary • 25 • EXHIBIT B MUNICIPAL BUILDINGS TO BE PROVIDED FREE CABLE SERVICE Hermosa Valley School 1645 Valley Drive Hermosa Beach, CA 90254 Hermosa View School 1800 Prospect. Avenue Hermosa Beach, CA 90254. School District Office 1645 Valley Drive Hermosa Beach, CA 90254 City Hall Council, Chambers 1315 Valley Drive Hermosa Beach, CA 90254 Library 550 Pier Avenue Hermosa Beach, CA 90254 Community Center 710 Pier Avenue Hermosa Beach, CA 90254 Police Station 540 Pier Avenue Hermosa Beach, CA 90254 Fire Station 540 Pier Avenue Hermosa Beach, CA 90254 Public Works Yard 555 6th Street Hermosa Beach, CA 90254 Community Services Administration Building 1035 Valley Drive Hermosa Beach, CA 90254 EXHIBIT C PEG CHANNELS One (1) dedicated Public Access Channel One (1) dedicated Educational Access Channel One (1) dedicated Government Access Channel 27 EXHIBIT D CONSUMER PROTECTION AND SERVICE STANDARDS Franchisee's obligations concerning Consumer Protection and Service Standards shall include the following,which shall be binding unless amended by written consent of the parties. These standards shall, 'starting six months after the Service Date, apply to the Franchisee to the extent it is providing Cable Services over the Cable System in the Franchise area. SECTION1: DEFINITIONS (a) Respond: Franchisee's investigation of a Service Interruption by receiving a Subscriber call and opening a trouble ticket, if required. (b), Significant Outage: A significant outage of the Cable Service shall mean any Service Interruption lasting at least four (4) continuous hours that affects at least ten percent (10%) of the Subscribers in the Service Area. (c) ° Service Call: The action taken by the Franchisee to correct a Service Interruption the effect of which is limited to an individual Subscriber: (d) Standard Installation: Installations where the subscriber is within one hundred twenty five (125) feet of trunk or feeder lines: SECTION 2: TELEPHONE AVAILABILITY (a) The Franchisee shall maintain a toll-free number to receive all calls and inquiries, from • Subscribers in the Franchise Area and/or LFA residents regarding Cale Service. Franchisee representatives trained and qualified to answer questions related to Cable Service in the Service Area must be available to receive reports of Service Interruptions twenty-four (24) hours a day, seven (7) days a week, and other inquiries at least forty-five (45) hours per week, including some evening and weekend hours. Franchisee representatives shall identify themselves by name when answering this number: (b) The Franchisee's telephone numbers shall be listed, with appropriate description (e.g administration, customer service,' billing, repair, etc.), in the directory published by the local telephone companyor companies serving the Service Area, beginning with the next publication cycle after acceptance of this Franchise by. the Franchisee. (c) Franchisee may use an Automated Response Unit ("ARU") or a Voice Response Unit ("VRU") to distribute calls. If a foreign language routing option is provided, and the Subscriber' does not enter an option, the menu will default to the first tiermenu of English options. After the first tier menu (not including a foreign language rollout) has run through three •times, ifcustomers do not select any option, the ARU or' VRU will forward the call to a queue. 28 for a live representative. The Franchisee may reasonably substitute this requirement with another method of handling calls from customers who do not have touch-tone telephones. (d) Under Normal Operating Conditions, calls received by the Franchisee shall be answered within thirty (30) seconds. The Franchisee shall meet this standard for ninety percent (90%) of the calls it receives at all call centers receiving calls from Subscribers, as measured on a cumulative quarterly calendar basis. Measurement of this standard shall include all calls received by the Franchisee at all call centers receiving calls from Subscribers, whether they are answered by a live representative, by an automated attendant, or abandoned after 30 seconds of call waiting. (e) Under Normal Operating Conditions, callers to the Franchisee shall receive a busy signal no more than three (3%) percent of the time during any calendar quarter. (f) Upon request from the LFA, but in no event more than once a quarter thirty (30) days following the end of each quarter, the Franchisee shall report to the LFA the following for all call centers receiving calls from Subscribers except for temporary telephone numbers set up for national promotions: (1) Percentage of calls answered within thirty (30) seconds as set forth in Subsection 2.D. (2) Percentage of time customers received busy signal when calling the Verizon service center as set forth in Subsection 2.E. Subject to consumer privacy requirements, underlying activity will be made available to the LFA for review upon reasonable request. (g) At the Franchisee's option, the measurements and reporting above may be changed from calendar quarters to billing or accounting quarters. The Franchisee shall notify the LFA of such a change at least thirty (30) days in advance of any implementation. SECTION 3: INSTALLATIONS AND SERVICE APPOINTMENTS (a) All installations will be in accordance with FCC rules, including but not limited to, appropriate grounding, connection of equipment to ensure reception of Cable Service, and the provision of required consumer information and literature to adequately inform the Subscriber in the utilization of the Franchisee -supplied equipment and Cable Service. (b) The Standard Installation shall be performed within seven (7) business days after the placement of the Optical Network Terminal ("ONT") on the customer's premises or within seven (7) business days after an order is placed if the :ONT is already installed on the customer's premises. The Franchisee shall meet this standard for ninety-five. percent (95%) of the Standard Installations it performs, as measured on a calendar quarter basis, excluding customer requests 29 • • • for connection later than seven (7) days after ONT placement or later than seven (7) days after an order is placed if the ONT is already installed on the customer's premises. (c)The Franchisee shall provide the LFA with a report upon request from the LFA, but in no event more than once a quarter thirty (30) days following the end of each quarter, noting the percentage of Standard Installations completed within the seven (7) day period, excluding those requested outside of the seven (7) day period by the Subscriber. Subject to consumer privacy requirements, underlying activity will be made available to the LFA for review upon reasonable request. At the Franchisee's option, the measurements and reporting of above may be changed fromi calendar quarters to billing or accounting quarters. The Franchisee shall notify the LFA of such.a change not less than thirty (30) days in advance. (d) The Franchisee, will' offer Subscribers "appointment window" alternatives for arrivals to perform installations, Service Calls and other activities of a maximum four (4) hours scheduled time block during appropriate daylight available hours, usually beginning at 8:00 AM unless it is deemed appropriate to begin earlier by location exception. At the Franchisee's discretion, the Franchisee may offer Subscribers appointment arrival times other than these four (4) hour time blocks, if agreeable to the Subscriber. These hour restrictions do' not apply to weekends. (e) In order to deliver new, or replacement equipment to Subscribers, Franchisee may use, among other methods, a prepaid mailer or a visit by a service technician. Additionally, Franchisee may establish locations in or near the Franchise Area that will be open and accessible to the public to make payments and to pick up or drop off equipment. (f) If Franchisee misses or fails to arrive on time for an installation, maintenance or service appointment, upon request the affected Subscriber will receive either a free installation or $20 ci-edit. SECTION 4: SERVICE INTERRUPTIONS AND OUTAGES (a) The Franchisee shall promptly notify the LFA of any Significant Outage of the Cable Service. • . (b) The Franchisee shall exercise commercially reasonable efforts to limit any Significant Outage for the purpose of maintaining, repairing, or constructing the Cable System. Except in an emergency or other situation necessitating a more expedited or alternative notification procedure, the Franchisee may schedule a Significant Outage for a period of more than four (4) hours during any twenty-four (24) hour period only after the LFA and each affected Subscriber in the Service Area have been given fifteen (15) days prior notice of the proposed Significant Outage. (c) Franchisee representatives who are capable of responding to Service Interruptions must be available to Respond twenty-four (24) hours a day, seven (7) days a week. 30 (d) Under Normal Operating Conditions, the Franchisee must Respond to a call from a Subscriber regarding a Service Interruption or other service problems within the following time frames: (1) Within twenty-four (24) hours, including weekends, of receiving subscriber calls respecting Service Interruptions in the Service Area. (2) The Franchisee must begin actions to correct all other Cable Service problems the next business day after notification by the Subscriber or the LFA of a Cable Service problem. (e) Under Normal Operating Conditions, the Franchisee shall provide a credit upon Subscriber request when all Channels received by that Subscriber are out of service for a period of four (4) consecutive hours or more. The credit shall equal, at a minimum, a proportionate amount of the affected Subscriber(s) current monthly bill. In order to qualify for the credit, the Subscriber must promptly report the problem and allow the Franchisee to verify the problem if requested by the Franchisee. If Subscriber availability is required for repair, a credit will not be provided for such time, if any, that the Subscriber is not reasonably available. (f) Under Normal Operating Conditions, if a Significant Outage affects all Video Programming Cable Services for more than twenty-four (24) consecutive hours, the Franchisee shall issue an automatic credit to the affected Subscribers in the amount equal to their monthly recurring charges for the proportionate time the Cable Service was out, or a credit to the affected subscribers in the amount equal to the charge for the basic plus enhanced basic level of service for the proportionate time the Cable Service was out, whichever is technically feasible or, if both are technically feasible, as determined by Franchisee provided such determination is non- discriminatory. Such credit shall be reflected on Subscriber billing statements within the next available billing cycle following the outage. (g) With respect to service issues concerning cable services provided to LFA facilities, Franchisee shall Respond to all inquiries from the LFA within four (4) hours and shall commence necessary repairs within twenty-four (24) hours under Normal Operating Conditions. If such repairs cannot be completed within twenty-four (24) hours, the Franchisee shall notify the LFA in writing as to the reason(s) for the delay and provide an estimated time of repair. SECTION 5: CUSTOMER COMPLAINTS Under Normal Operating Conditions, the Franchisee shall investigate Subscriber complaints referred by the LFA within seventy-two (72) hours. The Franchisee shall notify the LFA of those matters that necessitate an excess of seventy-two (72) hours to resolve, but those matters must be resolved within fifteen (15) days of the initial complaint. The LFA may require reasonable documentation to be provided by the Franchisee to substantiate the request for additional time to resolve the problem. For purposes of this Section, "resolve" means that the Franchisee shall perform those actions, which, in the normal course of business, are necessary to investigate the Customer's complaint and advise the Customer of the results of that investigation. 31 • • • • • SECTION 6: BILLING A. Subscriber bills must be itemized to describe Cable Services 'purchased by Subscribers and related equipment charges. Bills shall clearly delineate activity during the billing period, including optional charges, rebates, credits, and aggregate late charges. Franchisee shall, without limitation as to additional line items, be" allowed to itemize as separate line items, Franchise fees, taxes and/or other governmentally imposed fees.. The Franchisee shall maintain records of the date and place of mailing of bills. B. Every Subscriber with a current account balance sending , payment directly to Q Franchisee shall be given at least twenty (20) days` from the 'date statements are mailed to the Subscriber until the payment due date. • C. A specific due date shall be listed on the bill of every, Subscriber whose account is. current. Delinquent accounts may receive a bill which lists the due date as upon receipt; however, the current portion of that bill shall not be, considered „past due except, in accordance with Subsection 6.B. above. D. Any Subscriber" who, in good faith, disputes all or part of any bill shall have the option of withholding the disputed amount without disconnect or late fee being assessed until the dispute is resolved provided that: (1) The Subscriber pays all undisputed charges;. (2) The Subscriber provides notification of the dispute to Franchisee within five (5) days prior, to the due date; and (3) The Subscriber , cooperates in determining , the accuracy :and/or. appropriateness of the charges in dispute. (4) It shall be within the Franchisee's sole discretion to determine when the dispute has been resolved. E. Under Normal Operating Conditions, the Franchisee shall initiate investigation and resolution of all billing complaints received from Subscribers within five (5) business days of receipt of the complaint. Final resolution shall not be unreasonably delayed. F. The Franchisee shall provide a telephone number and address on the bill for Subscribers to contact the Franchisee. G. The Franchisee shall forward a copy of any Cable Service related billing inserts or other mailing sent to Subscribers to the LFA upon request. H. The Franchisee shall provide all Subscribers with the option of paying for Cable, Service by check or an automatic payment option where the amount of the bill is automatically deducted from a checking account designated by the Subscriber. Franchisee may in the future, at 32 its discretion, permit payment by using a major credit card on a preauthorized basis. Based on credit history, at the option of the Franchisee, the payment alternative may be limited. SECTION 7: DEPOSITS, REFUNDS AND CREDITS A. The Franchisee may require refundable deposits from Subscribers with 1) a poor credit or poor payment history, 2) who refuse to provide credit history information to the Franchisee, or 3) who rent Subscriber equipment from the Franchisee, so long as such deposits are applied on a non-discriminatory basis." The deposit the Franchisee may charge Subscribers with poor credit or poor payment history or who refuse to provide credit information may not exceed an amount equal to an average Subscriber's monthly charge multiplied by six (6). The maximum deposit the Franchisee may charge for Subscriber equipment is the cost of the equipment which the Franchisee would need to purchase to replace the equipment rented to the Subscriber. B. The Franchisee shall refund or credit the Subscriber for the amount of the deposit collected for equipment, which is unrelated to poor credit or poor payment history, after one year and provided the Subscriber has demonstrated good payment history during this period. The Franchisee shall pay interest on other deposits if required law. C. Under Normal Operating Conditions, refund checks will be issued within next available billing cycle following the resolution of the event giving rise to the refund, (e.g. equipment return and final bill payment). D. Credits for Cable Service will be issued no later than the Subscriber's next available billing cycle, following the determination that a credit is warranted, and the credit is approved and processed. Such approval and processing shall not be unreasonably delayed. E. Bills shall be considered paid when appropriate payment is received by the Franchisee or its authorized agent. Appropriate time considerations shall be included in the Franchisee's collection procedures to assure that payments due have been received before late notices or termination notices are sent. SECTION 8: RATES, FEES AND CHARGES A. The Franchisee shall not, except to the extent expressly permitted by law, impose any fee or charge for Service Calls to a Subscriber's premises to perform any repair or maintenance work related to Franchisee equipment necessary to receive Cable Service, except where such problem is caused by a negligent or wrongful act of the Subscriber (including, but not limited to a situation in which the Subscriber reconnects Franchisee equipment incorrectly) or by the failure of the Subscriber to take reasonable precautions to protect the Franchisee's equipment (for example, a dog chew). 33 • • • B. The Franchisee shall provide reasonable notice to Subscribers of the possible assessment of,a late fee on bills or by separate notice. SECTION9: DISCONNECTION /DENIAL OF SERVICE A. Cable Service terminated for nonpayment of delinquent accounts in errormust be restored without charge within twenty-four (24), hours of notice. If a Subscriber was billed for the period during which Cable Service was terminated in error, a''credit shall be issued to the Subscriber if the Service Interruption was reported by the Subscriber: B. Nothing in these standards shall limit the right of the Franchisee to deny, Cable Service for non-payment of previously provided Cable Services, refusalto pay any required deposit, theft of Cable Service, damage to the Franchisee's equipment, abusive and/or threatening behavior toward the Franchisee's . employees or representatives, or refusal to provide credit history information or refusal to allow the Franchisee to validate the identity, credit history and credit worthiness via an external credit agency: .C. Charges for cable service will be discontinued at the time of the requested termination of service by the subscriber, except equipment charges -may by applied until equipmenthas been returned. No period of notice prior to requested termination of service can be required of Subscribers by the Franchisee. No charge shall be imposed upon the Subscriber for or related to total disconnection of Cable Service or for. any Cable Service delivered after the effective date of the disconnect request, unless there is a delay in returning Franchisee equipment or early termination charges apply pursuant to the Subscriber's service contract. If the Subscriber fails to specify an effective date for disconnection, the Subscriber shall not be responsible for Cable Services received after' the day following the date the disconnect request is received by the Franchisee. For purposes of this subsection, the term "disconnect" shall include Subscribers who elect to cease receiving Cable Service from the Franchisee and to receive Cable Service or other multi -channel video service from another Person or entity:' SECTION 10: COMMUNICATIONS WITH SUBSCRIBERS A. All Franchisee personnel, contractors and subcontractors contacting Subscribers or potential Subscribers outside the office of the. Franchisee shall wear a clearly visible identification card bearing their name and photograph: The Franchisee shall make reasonable effort to account for all identification cards at all times. In addition, all Franchisee representatives shall wear appropriate clothing while working at a Subscriber's premises: Every service vehicle of the Franchisee and its contractors or subcontractors shall be clearly identified as such to the public. ' Specifically, Franchisee vehicles shall have the Franchisee's logo plainly visible. The vehicles of those contractors and subcontractors working ,for the Franchisee shall have the contractor's / subcontractor's name plus markings (such as a magnetic door sign) indicating they are under contract to the Franchisee. 34 B. All contact with a Subscriber or potential Subscriber by a Person representing the Franchisee shall be conducted in a courteous manner. C. The Franchisee shall send annual notices to all Subscriber informing them that any complaints or inquiries not satisfactorily handled by the Franchisee may be referred to the LFA. D. All notices identified in this Section shall be by either: (1) A separate document included with a billing statement or included on the portion of the monthly bill that is to be retained by the Subscriber; or (2) A separate electronic notification E. The Franchisee shall provide reasonable notice to Subscribers of any pricing changes or additional changes (excluding sales discounts, new products or offers) and, subject to the forgoing, any changes in Cable Services, including channel line-ups. Such notice must be given to Subscribers a minimum of thirty (30) days in advance of such changes, unless such advance notice is not possible due to the action or inaction of a programming provider or a taxing entity, and the Franchisee shall provide a copy of the notice to the LFA including how and where the notice was given to Subscribers. F. The Franchisee shall provide information to all Subscribers about each of the following items at the time of installation of Cable Services, annually to all Subscribers, at any time upon request, and, subject to Subsection 10.E., at least thirty (30) days prior to making significant changes in the information required by this Section if within the control of the Franchisee: (1) Products and Cable Service offered; (2) Prices and options for Cable Services and condition of subscription to Cable Services. Prices shall include those for Cable Service options, equipment rentals, program guides, installation, downgrades, late fees and other fees charged by the Franchisee related to Cable Service; (3) Installation and maintenance policies including, when applicable, information regarding the Subscriber's in-home wiring rights during the period Cable Service is being provided; (4) Channel positions of Cable Services offered on the Cable System; (5) Complaint procedures, including the name, address and telephone number of the LFA, but with a notice advising the Subscriber to initially contact the Franchisee about all complaints and questions; (6) Procedures for requesting Cable Service credit; 35 • • • privacy; and (7) The availability of a parental control device; (8) Franchisee practices and procedures for protecting against invasion of (9) The address and telephone number of, the Franchisee's office to which complaints maybe reported. A copy of notices 'required in this Subsection 10.F. will be given to the LFA at least fifteen (15) days prior to distribution to subscribers if the reason for notice is due to a change that is within the control of Franchisee and as soon as possible if not with the control of Franchisee. G. Notices of changes in rates shall indicate the Cable Service new rates and old rates, if applicable. H. Notices of changes of Cable Services and/or channel locations shall include a description of the new Cable Service, the specific channel location, and the hours of operation of the Cable Service if the Cable Service is only offered on a part-time basis. -In addition, should the channel location, hours of operation, or existence of other Cable Services be affected by the introduction of a new Cable Service, such informationmust be included in the notice. I. Every notice of termination of Cable Service shall . include the following information: (1). The name and address of the Subscriber whose account is delinquent (2) ' The amount of the delinquency (3) - The date by which payment is required in order to avoid termination of `Cable Service (4) The telephone number for the Franchisee where the Subscribe r can receive additional information about' their account and discuss the pending termination. 36 • California State University Dominguez Hills OFFICE OF THE PRESIDENT 1000 East Victoria Street, Carson. CA 90747 (310) 243-3301 • Fax (310) 243-3858 December 13, 2005 Mr. J.R. Reviczky Mayor, Hermosa Beach City Council 1315 Valley Drive Hermosa Beach, CA 90254 Dear Mayor Reviczky, 1 am pleased to write this letter in support of the Verizon Communications video franchise request before the Hermosa Beach City Council. Verizon is a known leader in the field of telecommunications and its proposal will provide much needed technology enhancements to the residents of your city. Cal State University, Dominguez Hills is considered one of the leaders in distance learning education in the western United States. We understand and value the importance of state-of-the- art technology for all California residents. The.proposal before you and the council members not only offer, an alternative to cable programming for residents, it will provide fiber optic lines, enhanced internet capability and video conferencing. The enhancements are comparable to the capabilities offered major corporations. As youare' well aware the ability to transfer knowledge has changed dramatically over the last 10 years. Moreover, the acceleration of change within higher education has also generated the need for perspective students to access educational opportunities via the internet and television using the latest and best technological advances. The Verizon proposal allows for such access. Not only will the residents of Hermosa Beach benefit from Verizon's plans, the higher education institutions across California will benefit given the limitless opportunities presented to the region. I encourage you to support this innovative Verizon proposal. Sincerely, James E. Lyons President cc: Pctcr Tucker, Mayor Pro tempore Art Yoon, Councilmember Michael. Keegan, Councilmember Sam Edgerton, Councilmember THE CALIFORNIA STATE UNIVERSITY - Bakersfield • Channel Islands • Chico • Dominguez Hills - Fresno • Fullerton • Hayward - Humbolt • Long Beach - Los Angeles • Maritime Academy Monterey Day • Northridge • Pomona • Sacramento • Sao Bernardino • Soo Digo • San Francisco • San lose • San Luis Obispo • San Marcos • Sonoma • Stanialaua 7-d 7ni r QTC nTt' zualudoTanarr dt i :%n �n RI Darr Honorable Mayor and Members of •The Hermosa Beach City Council December 6, 2005 Regular Meeting of December 13, 2005 BEACH DRIVE UTILITY UNDERGROUNDING DISTRICT Recommendation: It is recommendedthat the City Council receive and file this project status report for the Beach Drive Utility Undergrounding District (UUD): Summary: Doty Brothers completed construction of the utility underground substructures and facilities in September 2005. The next phase of construction is the installation of the power and telephone cables. At this time, Verizon has installed approximately 90% of their cabling and Edison will begin their cable installation on December 12, 2005. Edison has informed the City that they will complete the cable installation by February 28, 2006.' Simultaneous to the on-going cable installation in the public right of way, the City has requested that the residents begin the private underground service conversions on their private property. The status of these conversions is as follows:.: 28 properties must complete their private conversions, the rest have already been -completed 41,vhen the properties were redeveloped. Of these 28 properties, 19 have already obtained an electrical contractor and taken out an electrical permit from the City to perform this work. 2 of these have completed the conduit installation. Of the remaining 9 properties, 3 have already installed the necessary service conduits from the public right or way to locations near their meters and just need to pull permits to complete their connections to the meter. The present phase of the project is always frustrating because there is not much activity taking place. When you compare our progress with similar utility undergrounding projects, Beach Drive is ,progressing fairly typical (see attached schedule for Manhattan Beach's UUD's Nos. 1, 3 & 5 as posted on their city's website). Note that Manhattan Beach allows 6 -months for completion of cabling after substructures are completed, the same as what Edison has estirnated.for our project. Manhattan Beach also allows an additional 6 -months after cabling is ,completed for the completion of the private conversions. From staffs previous experience this .. is very realistic when you consider that any one property can delay the final connectionsto be made to`. convert over to the new underground system. Upon completion of the private conversions, the final connections to underground service will take place and the overhead wires and wooden poles will be removed. Followingthis the new concrete streetlights will be installed. This phase could take another 6 -months. Following this work the City will then refurbish all of the street pavements. The following is an approximate schedule assuming the above time periods: hase I Installation of conduit/vaults/manholesby utilities May/2005 to Sept/2006 6a Phase H Installation of underground wiring/cabling by utilities Sept/2005 to Feb/2006 (approx. 6 months) Phase til Service conversions by property owners (approxi 6 months) Phase IV Removal of overhead'wires and poles (approx. 3-6 months) Phase V. Street pavement refurbishment Mar/2006 to Aug/2006 Sept/2006 to Feb/2007 March/2007 to May/2007 Noting that if Phase III can be completed simultaneously with Phase II then completion dates will be accelerated by 6 -months. The street improvements (Phase V) can begin as soon as "PhaseIV is completed. Attachrnents: Manhattan Beach project schedule Respectfully submitted, Richard Ii! organ, P.E. Director of Public Works/City Engineer Noted for fiscal impact: Concur: Viki Cop land Finance Director Ste••e Burr City Manager II ATTACHMENT MANHATTAN BEACH UNDERGROUND UTILITY DISTRICT'S NO. 1, 3 & 5 The following is the estimated schedule; being provided to Manhattan residents on the city's website for their three districts that started at approximately the same time as our Beach Drive District: * Phase I Installation of conduit/vaults/manholes by utilities. May/2005 to Feb/2006 (approx: 10 months) * Phase II Installation of underground wiring/cabling by utilities Feb/2006 to Aug/2006 (approx. 6 months) ', * Phase III Serviceconversions by property owners Aug/2006 to Feb/2007,(approx. 6 months) * Phase IV Removal of overhead wires and poles (approx. 5 months) Feb/2007 to Feb/2007 December7, 2005 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 13, 2005 REQUEST FROM ABC REGARDING APPLICATION OF LARA SOWINSKI, 302 PIER AVENUE, TO ALLOW •ON -PREMISES WINE SAMPLING IN CONJUNCTION WITH OFF -SALE BEER AND WINE LICENSE Recommendation: That the City Council consider taking an action to direct staff to write a letter to ABC stating that granting a license to allow sampling of wine would serve the public convenience and necessity.. Background: The Planning Commission approved the CUP amendment to allow on -premises wine sampling in February 2005. The applicant, Lara Sowinski, requested that ABC process the license application for the wine sampling aspect of the business and was told by ABC that the City must submit a letter requesting that the license be issued as a matter of public convenience or necessity. ,This is required because of the concentration of ABC licenses in the City. I have attached the code section related to the process for the City Council of making the finding that the issuance of the license for the public convenience or necessity would be served by the issuance: It is my understanding that, if the City Council does not make this finding, then the ABC will not process the license application. This is the only request that we have had for a wine sampling store. The store is operating now but does not offer tasting because they do not have the license for that now. A copy of the Planning. Commission staff report is attached and goes into some detail about the business and the condition of approval. Respectfully submitted, Stephen R. B ell City Manager Honorable Chairman and Members of the Hermosa Beach Planning Commission February 8, 2005 Regular Meeting of February 18, 2005 CONTINUED FROM 10/19/04 AND 11/16/04 SUBJECT: CONDITIONAL USE PERMIT AMENDMENT 04-5 TO ALLOW ON -PREMISES. WINE SAMPLING IN CONJUCTION WITH A MARKET WITH OFF -SALE BEER AND WINE LOCATION: 302 PIER AVENUE APPLICANT: LARA SOWINSKI Recommendation To direct Staff as deemed appropriate Background ZONING: GENERAL PLAN: LOT SIZE: BUILDING SIZE: PARKING PROVIDED: ENVIRONMENTAL DETERMINATION: C-2 Restricted Commercial 4,200 square feet Approx.800 square feet 1 Space Categorically "Exempt The building is located on the comer portion of a lot that contains five businesses, including three Pier Avenue, and another two on Monterey, Boulevard. The subject building is currentlybeing used as a market specializing in wine sales, and has been previouslyoccupied by convenience and food markets with off -sale beer and wine. A Conditional Use Permit for off -sale beer and wine was granted in 1990 as part of the City's program to amortize existing business selling alcohol without Conditional Use Permits. The C.U.P. allows the off -sale business to be open after 11:00 P.M. until midnight. A C.U.P. is only required for off -sale markets if they are open past 11:00 P.M:: Since the applicant is proposing on -sale consumption, no matter how limited it may be, a C.U.P. amendment is required for the "on- sale" beer and wine pursuant to the City's permitted use list. The State Alcoholic Beverage Control (ABC) currently licenses the business with a Type 20 license, which allows only for off site consumption of packaged beer and wine sold on the premises. The applicant's proposal for limited on-site consumption will require a Type 42 license, to allow on-site consumption. The property with its multiple buildings is nonconforming,to current parking requirements as only 4 off-street parking spaces exists with one available for the subject business and three spaces located in .` front of the two business on Monterey Boulevard. Analysis In the application narrative (attached), the applicant is proposing to offer customers wine sampling for a small fee as part of their normal business operations in conjunction with the existing wine market. The plans show that an 80 square feet portion of the business will be sectioned off for wine sampling during regular business hours. The sampling section will be cordoned off by low-level barriers to prohibit access to persons, younger than 21 years of age. The sampling section includes two- stand-up tables (no seating) and wine storage for the sampling. The wine sampling will be for one -ounce sips'of wine, and a maximum of 5 samplings, with all pouring done by, market employees. The applicantiswilling to limit their market and wine sampling hours to 10:00 P.M. The applicant is modeling this concept after the "Sepulveda Wine Company" which also is a wine specialty shop, which recently obtained approval from the City of Manhattan Beach for limited wine sampling. The City of Manhattan Beach approved the request subject to several' conditions to clearly limit the location for and the amount of wine consumption, and to ensure that sampling is secondary to the primary use of the premises as a market (attached). Based on the applicant's description, and pursuant to the permitted usematrix contained in. Section 17.26.030, staff is considering the proposed on -premises consumption of wine, although limited to sampling, as an "alcohol beverage establishment, on -sale." The proposed use does not fit into any other category, and this is clearly the most similar use. Pursuant to the City's permitted use list this business may therefore only be permitted with a Conditional Use Permit. However, staff believes that the primary permitted use is as a permitted "off -sale" market, so the subject C.U.P. request relates to the addition of this secondary use of the business forsale and consumption of alcohol on the. premise.: No other interior changes to the premises are proposed at this time. Based on the information and plans submitted, it is not clear if this proposal to consume alcohol as "samples" can be considered incidental to the retail market with respect to the Uniform Building Code, or the requirements of the L.A. County Department of Health. The applicant is proposing the use of disposable plastic cups, and is requesting that this sampling area be considered as secondary or incidental to the primary use of the property as a market, similar to sampling snack foods or other food items, and therefore be.excepted from certain requirements, including Title 24 for handicapped accessibility. They believe that incidental beverage sampling does not change the business, and thus is not subject to health and safety and/or building code upgrades to bathroom facilities and/or washing facilities that would otherwise required for food, and. beverage establishments that offer on-site consumption. The City will get clarification on these issues during the plan check process should the Commission approve the request. In order to offer wine sampling the applicant will be also applying to the State Alcoholic Beverage Control to obtain a Type 42 ABC license, which allows on-site beer and wine consumption. This is the same license that ABC provides for bars that do not serve food, and is distinguished from the more common type 41 license for most restaurants in the downtown area. This Type 42 license applies only to the sectioned -off portion of the, business, and the rest of the market operates under a Type 20 off -sale license: Based on the request that wine sampling be considered secondary.to the primary use as a market, the applicant also is requesting a determination that this not be considered an intensification of the existing use. If the project were considered as intensifying the use, the proposed new use classification would require additional parking. For example if this were considered a bar, the required increased parking would be substantial as 10 parking spaces would be required (1 space per 80 square feet of floor area) Given the proposed limitation on hours, limited area for sampling, it would seem reasonable to consider the proposed sampling area as incidental, and causing no intensification of the existing market use or any material effect on parking demand. If the Commission makes a favorable decision on this request, and determines that this use is secondary to the Primary use, staff recommends the following special conditions to limit the intensity of the wine consumption,. and to ensure that this business or any future business, operating with this C.U.P. retains is primary character as a retail market. 1. On premises consumption of alcohol limited to wine sampling only, within the 80 square foot area per plan 2. Sampling' area to be separated from retail market by non-portable (low wall, shelving, etc.) that are affixed to a clearly marked location on the floor and noted on project plans. 3. " Hours for the market and wine sampling limited to no later than 10:00 P.M. daily. 4. No seating tobe allowed in wine sampling area, and tables appropriate for standing only, and noted on project plans. 5.:, Limit to one -ounce sampling sizes, maximum of 5 samples per customer, and pouring by employees only. 6. No serving or preparation of food or meals (other than minimum associated with wine sampling such as small pieces of cheese, bread, or fruit) 7. Prohibition of exterior signs for advertising wine sampling 8.: The proposed sampling area, and; other improvementssmustbe„in.compliance with requirements of the LA County Department of Health, the State Alcohol Beverage Control, and the Hermosa Beach. Municipal Code. 9. ” The operation of the business shall be reviewed by,. the Commission m 6 months. The Commission must make the basic determination and; findings that this proposal will be compatible with the surrounding commercial and residential uses, and decide if it warrants the granting of a Conditional Use Permit. In addition, given the unique nature of this proposal, the Commission must decide if the detailed operational conditions to limit the on -sale portion of the business are reasonable and will prove to be practical and enforceable: Otherwise, opening the option for on-site consumption of wine has the potential to transform this location into something unforeseen at this time, such as a wine bar or other type of use that may not be appropriate for tluslocation, and will place an unnecessary burden on City staff to monitor and enforce the proper behavior of employeesat this location. Based on the direction of the Planning Commission, staff will return with a resolution at the next meeting. Ken,Robertson CONCUR: Senior Planner Sol Blumenfeld, Director Community Development Department Attachments 1. Proposed Resolution - 2:,Applicant narrative 1 Manhattan Beach staff report/approval resolution 4. Location Map 5. Photographs 6. 1975 Conditional Use Permit F:\B95\CD\PC\2004\ 10-19-04\C UP302 Pier.DOC Department of Alcoholic Beverage Control Ingfevwood District Office. Manchester Blvd, Sixth Floor 41',Post Office Box 8500 Inglewood, CA 90306 Phone: 310-41245311 Fax: 310.6134082 CALIFORNIA FAX TRANSMISSION.. To: Firm/Office: Fax: ccra): From •bJect:. Comments: State of California Total Number of Pages 3 (Including this cover sheet) Original: []To follow by regular mail Will,not follow Date: //!30/0„r Time: �• ?AI NOTICE This communication is Intended only for the useof the individual or entity to which It Is addressed, and may contain information that is privileged, confidential and exempt it, m disclosure under applicable law. if the reader of this message is not the intended. cipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify_ us immediately by telephone, and return the original message to us at the above address. ABC -75 (11/03) oao��4 0ra�. "Be Energy Efficient" 116 ALCOHOLIC BEVERAGE CONTROL ACT 23958.3.. Investigation of off -sale beer and wineapplications. Repealed by Stars. 1982, Ch. 1189 in effect January I, 1984, ITIEDUndue concentration; public convenience or necessity. (a) For purposes of Seedon 23958, "undue concentration" means the case in which the applicant premises for an original or premises -to -premises transfer of any retail license are located in an area where any of the following conditions exist: (1) The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes, as defined in subdivision (c); titan the average number of 'reported .crimes as determined from all crime reporting districts within' the , jurisdiction of thelocal law enforcement agency. (2) 'As to on -sale retail license applications, the ratio of on -sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on -sale retail licenses to population in the county in which •the applicant premises are located. (3) As to off -sale retail license applications, the rano of off sale retail licenses to population in the census tract or census division in,which the applicant premises are located exceeds the ratio of off -sale retail licensesto population in the county in which the applicant premises are located. (b) Notwithstanding Section 23958, the. department may issue a license as follows: (l) With respect to a nonretail license,, a retail on -sale bona fide eating place license,' a retail licenseissued for a hotel, motel, or other lodging establishment, as defined in'subdivision (b) of Section 25503.16,,a retail, license issued in conjunction with a beer manufacturer's license, or a winegrower's license, if the applicant shows that public convenience or necessity would be served by the issuance. (2) With respect to any other license', if the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within, 90 days of notification of a completed application that public, convenience or necessity would be served by the issuance. The 90 -day period shall . commence upon receipt by the local.governing body of (A) notification by the department of an application for licensure, or (B) a completed application according , to local-requirernents, if any, whicheveris later, If the local governing body, or its designated subordinate officer or body,does-not make a determination within the 90 -day period, then the department may issue a license if the applicant shows the department that public convenience or necessity would be served by the ,issuance. In making its determination, the department shall not attribute any weight to the failure of the local governing body, or its designated subordinate officer or body, to make a determination regarding public convenience or necessity within the 90 -day period. (c) For purposes of this section, the following definitions shall apply: (1) "Reporting districts" means geographical areas within the boundaries of a single governmental entity (city or the unincorporated area of a county) that are -identified by the local law enforcement agency inthe compilation and maintenance of statistical ef- ormation on reported crimes and arrests, (2) "Reported crimes," means the most recentyearly' compilation by the local law enforcement agency of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault„ burglary, larceny, theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. (3) "Population within the census tract or census division" means the population . as determined by the most recent United' States ^decennial or special census. The ALCOHOLIC BEVERAGE CONTROL ACT. 117 population determination shall not operate to prevent an applicant from establishing' that an increase of resident population has occurred within the census tract or census division. (4) "Population in the county" shall be determined by the annual population estimate for California counties published by the Population Research Unit of the Department of Finance: (5) "Retail licenses" shall include the following: (A) Off-sale retail licenses: Type 20-(off-sale beer and wine)and Type 21 (off- sale general). (B) On=sale retail licenses:"All retail on-sale licenses, except Type 43 (on-sale beer and wine for train), Type 44 (on-sale beer and wine for fishing party boat), Type 45 (on-sale beer and wine for boat), Type 46 (on-sale beer and wine for airplane), Type 53 (on-sale general for train and sleeping car), Type 54 (on-sale general for boat), Type 55 (on-sale'general for airplane), Type 56 (on-sale general for vessels of more than 1,000 tons burden), and Type 62 (on-sale general bona fide public eating place intermittent dockside license for vessels of more than 15,000 tons displacement). (6) A "premises to premises transfer" refers to each license :being separate and distinct, and transferable upon approval of the department. (d) Por purposes of this section, the number of retail licenses in the county shall be determined by the most recent yearly retail license count published by the department in its Procedure Manual. (e) The enactment of this section shall not affect any existing rights of any holder of a retail license issued prior to April 29, 1992, whose premises were destroyed or rendered unusable as a result of the civil disturbances occurring in Los Angeles from April 29 ro May 2, 1992, to reopen and operate those licensed preremises_ (f)' This section shall not apply if the premises have been licensed and operated with the sam„�,�license within. 90 days of the application. Ristory.-,Added by Seek& 1004, Ch. dao, tu' tutee January 1, 199& Amended by Mato. IPSO, Cb 811" and 898 in effect January x.1907. b. rapine soaseninghodtee to matte detessoinetian of public conataien a end nennnisy within ae day. Amended by Stats 1994, Ch. 91, n effect January 1,1009, to make technical. nneeorb.tentive 0b 959. Fee refund. If an application is denied or withdrawn,- one-fourth o lice . paid• or not more than one hundred dollars ($100), shall be • • : December 6, 2005 City' of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 Attn: Mr. Stephen R. Burrell, City Manager Dear Mr. Burrell, My name is Lara L. Sowinski, owner of Smokey Hollow, a wine shop located at 302 Pier Avenue. On February 15, 2005, I appeared before the Hermosa Beach Planning.Commission to request an amendment to my Conditional Use Permit in order to serve one -ounce wine samples (maximum five samples) to my customers as a way to help sell the boutique and small -production wines in which my shop 'specializes. During that time, I explained that my customer base is comprised largely of Hermosa Beach residents, most of whom are in the 30 -year and older age group, and are enthusiastic about patronizing a local business and discovering wines that are new to them. Furthermore, I emphasized that my intention is to provide sampling as a way to sell wines that customers are unfamiliar with. Therefore, the sampling would be, limited to an 80 square foot area on the main floor, where customers would stand at a serving station for a one -ounce sample: The limited sample size and `standing only' requirement would underscore my intention to have customers sample a wine then purchase the bottle. That evening, the Planning Commission voted 5-0 in favor of my request. I then proceeded to file the necessary paperwork with the state Alcoholic Beverage Control board to for a Type 42 license, which.I need to conduct wine samplings. At this point, all of my ABC paperwork has been processed except the letter of Public Convenience or Necessity, which I must secure from the City Council. I am scheduled to appear before the Council next Tuesday, December 13, 2005. Throughout this process, I have come to appreciate the sensitivity of my request to serve wine samples in my shop. As a Hermosa Beach resident and parent, I am aware of the concerns regarding a proliferation of establishments;that serve alcohol in our community. Likewise, as a business owner, it's important to me to participate in the enhancement of Hermosa Beach by creating a retail environment that city officials and residents view as a positive contribution to the community and whose products and services are unique. I believe it's important to note that when T bought the business (previously operated as a convenience store), I chose to not sell tobacco products, adult magazines, or other products that are typically associated with convenience stores. Rather, my business plan focuses primarily ori showcasing eclectic wines, mostly from California. And, in addition to the wine accessories I currently sell, such as picnic baskets, wine totes, art and cards by local artists, I will soon be introducing artisan cheeses, chocolates, tapanades,'and other food items found in upscale gourmet food markets. Thank you in advance for your consideration, as well as the City Council's, for a letter of Public Convenience or Necessity. Sincerely, Lara L. Sowinski N CITYOF H E R M O. S A B E A.0 F1 MEMORANDUM DATE: DECEMBER 13, 2005 TO:: MAYOR & CITY COUNCIL FROM: STEPHEN BURRELL, CITY. MANAGER SUBJECT: ON -PREMISE WINE SAMPLING I have attached some additional information regarding the Planning Commission approval of the CUP earlier this year. A copy of the CUP which was approved is attached and the minutes for the meeting when it was approved. SUPPLEMENTAL INFORMATION r�2 6 10 11 P.C. RESOLUTION 05-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL 'USE PERMIT, AS AMENDED, `TO ALLOW ON PREMISES WINE SAMPLING IN CONJUNCTION WITH A MARKET WITH OFF -SALE BEER AND WINE AT 302 PIER AVENUE LEGALLY DESCRIBED AS LOT 8, BLOCK 55, FIRST ADDITION TO HERMOSA BEACH Section 1. An application was filed by Lara Sowinski seeking an amendment to a Conditional Use Permit toallow wine sampling in conjunction with an existing market with off- sale beerand wine. Section 2. The Planning Commission conducted a duly noticed public hearing to considerthe application to amend the .Conditional Use Permit on February 15, 2005, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission 12 Section 3. Based on evidence received at the public hearing, the Planning Commission makes the following factual findings:' 13 • 1. ' The .site is zoned C-2 allowing the existing off -sale of beer and wine sales for 14 off site consumption, with a Conditional Use Permit required to sell beer and wine after 11:00 15 P.M. 2. A Conditional Use Permit for off -sale beer and wine was granted for this location 16 in 1990 as part of the City's program to amortize existing business selling alcohol without Conditional Use Permits. The Conditional Use Permit allows the off -sale business to be open 17 after 11:00 P.M. until midnightSince the applicant is proposing on -sale consumption, no matter 18 how limited it may be, a Conditional Use Permit amendment is required for the "on -sale" beer and wine pursuant to the City's permitted use list. Section 4. Based on the foregoing factual findings, the Planning Commission makes the 19 20 following findings pertaining to the application to amend the Conditional Use Permit .21 1. The site is zoned C-2, and the continued operation of the market with the proposed 22 limited on-site wine sampling is suitable for the proposed location. 2: The imposition of conditions as required by this resolution will adequately prevent 23 the possible use of the market as a wine bar or other use inconsistent with its primary use as a 24 retail market. 3. This project is Categorically Exempt pursuant to 15301, Class 1 of the California 25 Environmental Quality Act Guidelines, minor alterations to existing private structures. 26 Section 5. Based on the foregoing, the Planning Commission hereby approves the 27 requested amendments to the Conditional Use Permit, subject to the following Conditions of Approval, which supersede the conditions -contained in P.C. Resolution 90-33 1. Interior and building alterationsand the continued use and operation of the 29 restaurant shall be substantially consistent with the plans submitted and reviewed by the Planning Commission•o'n February 15, 2005. 28 2 10 11 12 13 14 15 16 ' 17 18 19 20 21 22 23 24 25 26 2. The hours of operation of the market shall be limited to between 7:00 A.M. and 10:00 P.M. daily. 3. On premises consumption of alcohol is limited to wine sampling only, within the 80 square foot area shown on the plan. 4. The winesampling area shall be separated from retail market by a non-portable barrier (low wall, shelving, etc.) affixed to the floor and said location shall be noted on project plans. 5. No seating to be allowed in wine sampling area, and any tables shall be appropriate for standing only, and noted on project plans. 6. Wine sampling shall be, limited to one -ounce samplingsizes, maximum of 5 samples per`custoinei, and pouring of samples shall be done by employees only. 7. No serving or preparation of food or mealsis allowed (other than minimum associated with wine sampling such as small pieces of cheese, bread, or fruit). 8. The proposed sampling area, and other improvements must be in compliance with requirements of the LA County Department of Health, the State Alcohol Beverage. Control, and the Hermosa Beach .MunicipalCode. 9. The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 10. The business shall provide, adequate staffing and management and supervisory techniques to prevent loitering, unruliness, and boisterous activities of the patrons both inside and outside the business and in nearby public areas. 11. Any changes to the interior layout which would alter the primary function of the business shall be subject to review and approval by the Planning 'Commission. 12. The project and' operation of the business shall comply with all applicable requirements of the Municipal Code. 13. The Planning Commission shall review the operation of the wine sampling for compliance with conditions of approval 6 months from the date of opening of the wine sampling portion of the market, and in response to any complaints thereafter. 14. The Conditional Use Permit shall become null, and void if not executed within two years of the date of the approval of this Resolution. 27 Section 6. This grant shall not be effective for any purposes until the permittee and the 28 owners of the property involved have filed a the office of the Planning Division of the Community Development Department their affidavits stating that they are aware of, and agree to accept, all of 29 the conditions of this grant. 3 10 12 13 la The subject property shall be developed, maintained and operated in full compliance with 15 the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any 16 development or activity, not in full compliance shall be"a violation of these conditions. The Conditional Use Permit Amendment shall be recorded, and proof of recordation shall be submitted to the Community Development Department prior to the issuance of a building permit Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employee to attack, set aside, void or annul this permit approval, which action is brought within the applicable time period of Government Code Section 65907. The City shall promptly notify the, permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall no thereafter be responsible to defend, indemnify, or hold harmless the City. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this grant. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. 17 The Planning Commission may review this Conditional Use Permit and may amend the 18 subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. Section 7. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision of the Planning Commission, after a formal appeal to the City Council, must be made 19 20 21 `within 90 days after the final decision by the City Council. 22 VOTE: AYES: Allen, Hoffman, Koenig, Perrotti, .Pizer, NOES: None 23 ABSENT: None ABSTAIN: None 24 25' 26 27 28 29 CERTIFICATION I hereby certify the foregoing Resolution P.C. 05-10 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at their regular meeti ` of February 15, 2005. Sam Perrotti, Chairman Date '3 ` D S F:\B95\CD\PC\2005\03- 15-05\cupr302pier.doc Sol Blumenfeli, Sec etary 8. CUP O4 `- Conditional Use Permit amendment to allow on -premises wine tasting in conjunction with an existing market with off -sale beer and wine at 302 Pier Avenue(continued from October 19 and November 16, 2004 meetings). Staff Recommended Action: To direct staff as deemed appropriate. Senior Planner Robertson advised that this facility is located at the corner of Monterey Boulevard and Pier Avenue on a lot containing five businesses, including three on `Pier Avenue and two on Monterey Boulevard; stated that the subject building is currently being used as a market specializing in wine sales and has been previously used/occupied by convenience and food markets with off -sale beer and wine; that a CUP for off -sale beer and wine was granted in 1990; that this CUP allows the off -sale business to be open until midnight; and . added that since the applicant is proposing on -sale consumption, no matter how limited it may be, a CUP amendment is required for the on -sale beer and wine. He advised that the applicant's proposal for limited on-site consumption will require a Type 42 Alcohol Beverage Control license to allow on-site consumption. • Senior Planner Robertson stated that the property is currently nonconforming to current parking requirements, as only four off-street parking spaces exist with one available for the subject business and three spaces located in front of the businesses on Monterey Boulevard; noted that the applicant is proposing to offer customers wine sampling fora small fee as part of their normal business operations in conjunction with the wine market; explained that the plans show an 80 - square -foot portion of the business will be sectioned off during regular business. 'hours; and that this area will be sectioned off by low barriers to prohibit access to persons younger than 21 years of age.> He explained that the sampling section will include two stand-up tables with no seating and wine storage for the sampling; and that the wine sampling will be with 1 -ounce cups/sips of wine and a maximum of five samplings, with all the pouring being done by market employees. He mentioned that the applicant is willing to limit the market and wine sampling hours to no later than 10:00 P.M., and added that the applicant is modeling this concept after the Sepulveda Wine Company, whichis a business in Manhattan Beach. Senior Planner Robertson explained that staff considers this proposed on -premises consumption of wine, although limited to sampling, as an on -sale alcohol beverage establishment pursuant to the City's permitted use list and stated that the proposed use does not fit into any other category and this is clearly the most similar use. He noted that pursuant to this permitted use list, this business is only permitted with a CUP; and stated that no other interior changes to the premises are proposed at this time. Based on the information and plans submitted, he noted that it is not completely clear if this ,proposal to consume alcohol as samples can be considered incidental to the retail market with respect to the Uniform Building Code or the requirements of the L.A. County Department of Health; advised that the applicant is proposing to use disposable plastic cups and is requesting that the sampling area be considered secondary or incidental to the primary use of the property as a market, similar to sampling other food items, and, therefore, they will be requesting to be exempted from certain Building Code requirements, including Title 24 requirements for handicap accessibility. He advised that the applicant believes incidental beverage sampling does. not change the business and thus is not subject to the Health and Safety requirements or Building Code upgrades that are normally required, which would require upgrade to the bathroom facilities or washing facilities. He advised that the City will get clarification on these issuesduring the plan check process should the Commission approve this request. Senior Planner Robertson stated that the applicant will also be applying for the Type 42 ABC license; in this case; that license would only apply tothe sectioned off portion of the business and that the rest of the market would operate under the Type 20 off -sale license. He added that rthe applicant is also requesting a determination from the Commission that this not 'be considered an 14 Planning Commission Minutes February 15, 2005 • intensification of the existing use; and explained that if .the project were considered as more intense, the proposed new use classification would require additional parking. Given theproposed limitation on hours, limited area for the sampling, he stated that it would seem reasonable to consider this area as incidental and causing no such intensification of use. If the Commission makes a favorable decision on this request, he noted that staff would recommend the following special conditions to limit the intensity of the wine consumption and to ensure that the business or any future business operating under this CUP retains its primary character as a retail market: on premises consumption be limited to wine sampling only within the 80 -square -foot area; sampling area to be separated from the retail market by non-portable barriers that would be affixed to the floor and clearly marked on the floor and noted on the plan; the hours for the market limited to no later than 10:00 P.M.; no seating allowed in the wine sampling area and tables appropriate for standing only as shown on the plans limit to 1 -ounce sampling sizes, with a maximum of five samples per customer and pouring by the employees only; no serving or preparation of food or meals other than minimum associated with sampling; prohibition of exterior signs for advertising the wine sampling to be in compliance with the County,' ABC and the City; and a condition, that the Planning Commission review the project in six months. He stated that the Commission must make a basic determination in this case in findings that this proposal will be' -compatible with surrounding commercial and residential uses and decide if it warrants granting this CUP; in addition, given the unique nature of this proposal, the Commission must decide if the operational conditions to limit the on -sale portion of the business are reasonable and will prove to be practical and enforceable; and noted that staff will return with a resolution based upon the Commission's direction. Director Blumenfeld stated that staff is concerned about enforcement of the CUP- because of the on -sale consumption of wine, and the potential for the use to change ;into a wine bar. He noted that this is why staff is recommending the area be sectioned off and improvements, made to the building. • Chairman • Perrotti questioned if there is anything in the codes requiring the .type of barricade to . use. Director Blumenfeld advised that the owner had proposed similar barriers as seen in banks to establish a cue for the wine tasting area. Director Blumenfeld stated that staff has not resolved the restroom issues and this time andthat staff will continue to study those issues. Director Blumenfeld noted for Commissioner Allen that the CUP has to be put into (effect in order for it to be in place, that the business must be put into operation within two years of approval for the CUP to take effect. Chairman Perrotti opened the public hearing. Laura Zuenski, owner of Smokey Hollow Wine Shop, explained that the intent is to give the customer a chance to sample wines that are not easily found, advised that this is not a wine bar; pointed out that the patrons will sample from a 1 -ounce cup; and noted that the sampling will help with sales. She noted for Commissioner Koenig that shewould not be opposed to erecting a short wall. Ms. Zuenski stated that she concurs with all the conditions of approval. Mr. Nelson, 2415 Silverstrand Avenue, noted his support for this applicant's request; and 'stated that theapplicants run a fine establishment.' Cynthia McCann, co-owner, read a letter of support from a City resident, Judith Prager (who, was not able to attend this evening's meeting), stating that she believes, this facility will improve the •. culture of the City. 15 Planning Commission Minutes February 15, 2005 There being no further input, Chairman Perrotti closed the public hearing. Commissioner Hoffman expressed his belief that staff has developed enough conditions to adequately address any concerns with this project; and he wished the applicants success in this venture. Vice -Chairman Pizer echoed Commissioner Hoffman's .comments; expressed his belief that wine - tasting is an essential part of the success of their business; and stated that the limited size of the sectioned area is acceptable. Commissioner Koenig expressed his belief that the owners are responsible individuals who care about this community; stated that thisactivity adds to the ambiance of this communityand suggested that the applicant be permitted to have signage which advertisesthe wine sampling so that they can generate interest, believing that not allowing signage is an unfair prohibition. Commissioner Allen noted his support for signage advertising the winetasting and expressed his belief that this is a sincere proposal. Chairman Perrotti addressed concern with the CUP should this property or business change ownership, but added that he believes there are adequate conditions to alleviate these concerns, including the six-month review. MOTION by Vice -Chairman Pizer, seconded -by Commissioner Koenig, to APPROVE CUP 04-5 — Conditional . Use Permit `'amendment to allow on -premises wine tasting in conjunction with an existing market with off -sale beer and wine at 302 Pier Avenue; to allow signage, advertising the wine -tasting, deleting Item No. 7; and for staff to prepare the proposed resolution with the nine conditions of approval. The motion carried as follows: AYES: Alien, Hoffman, Koenig, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: None 9. • N 05-4/PDP 05-4 -- Conditional Use Permit, Precise Development Plan and Ve ng Ten . ' e Parcel Map No. 061508 for; a two -unit condominium at 1634 Loma or Staff Recommended n: To approve said request. Senior Planner Robertson state. -t the subject property. is located a the east side of Loma Drive north of 16th Street, on top of a hi : - rlooking Hermosa Vali - chool; that the project is on a 4,000 -square -foot R-2 lot; that it consists o . detached u•' s containing basements with two stories above; that each unit contains three bedro• - t. - the front unit has two and one-half bathrooms, and the rear unit has three and one-half e- ; nd that the units are designed in a contemporary Minimalist ,style with facades sho g differen ored smooth plaster finishes, tongue and groove wood siding, stainless st- - sunshades and deck • rdrails. He advised that the project complies with the Zoning req -ments with respect to, height, yar• of coverage, open space; stated that required parking i .rovided in the basement level for each uni a separate driveway access from Loma Dr' -, and noted that staff is recommending the plans • - _ ' more clearly some of the exterio aterials, including the window types to match the design o building. • Chairman Perrotti. openedthe public hearing. 16 Planning Commission Minutes February 15, 2005 li) • Mayor and Members of the City Council December 1, 2005 Regular Council Meeting December 13; 2005 CONSIDERATION OF APPOINTMENT OR SPECIAL ELECTION TO FILL THE ANTICIPATED VACANCY ON THE CITY COUNCIL RECOMMENDATION: It is recommended that the City Council consider the alternatives available for filling the anticipated vacancy on the City Council resulting from Howard Fishman's announcement that he does not intend to be sworn into office, either, by appointment or a special election, and take action as required by the California Elections Code. BACKGROUND: A vacancy on the City Council is anticipated to occur this evening by virtue of the announcement of Councilmember-elect Howard Fishman that he does not intend to be sworn into office or serve his term due to his wife's illness. The vacancy will exist upon the certification of the election results and the swearing in of the councilmembers-elect. Pursuant to Government Code Section 36512, the Council now has 30 days in which to take one of two possible actions to fill the vacancy -either by appointment or by calling a special election. A review of the alternatives follows: APPOINTMENT: An appointment may be made either this evening, at the, meeting of January 10, 2006, or at any adjourned or special meeting within the 30 -day period. The appointee must be a'Hermosa Beach resident and a registered voter. Any person appointed would serve out the, four-year term to which Mr. Fishman was elected: The appointment must be made by a majority of those voting. If the Council appoints an individual this evening to` fill the vacant seat, that person may be sworn in and seated immediately. If the Council decides to have interested parties apply for the vacant seat, with appointment to take place at a subsequent meeting; applications would be made available in the City Clerk's office for that purpose. (I,have attached for Council 8a review a sample application that was adapted from a recently used Torrance form.) if the Council pursues this alternative, it must also take the following actions tonight: (1) Set a filing deadline for the submittal of applications; and (2) Schedule a meeting (prior to the January 10 meeting) for the purpose of conducting interviews, if desired. SPECIAL ELECTION: A special "polling place" election must be held on the next regularly established election date not less than 114 days from the date of calling the election. _ Pursuant to Elections Code Section 1000, the next regularly established election dates for a polling place election are: (1) April 11, 2006 (the second Tuesday in April). (2) June 6,. 2006 (the first. Tuesday after the first Monday in June). The April 11, 2006. date would be a stand-alone City election and would require Council action this evening in order to meet the 114 -day threshold. Attached to this report are all of the required resolutions for adoption in order to conduct a special election on this date. This would be the most labor-intensive option for my department and would have the shortest lead- time, since the filing period for nomination papers would begin Monday, December 19, 2005 (and end Friday, January 13,2006). It would, however, fill the vacancy two months sooner than a June election. Because the election would be conducted wholly by the City (rather than with the shared duties of a consolidated election), it would involve significant additional staff time to set up polling places and poll workers (including training), process absentee ballots, etc.. The estimated total cost for this election is broken downfas follows: $29,000 Martin & Chapman services and supplies' 2,400 — Poll workers and polling places (6 precincts) 1,300 County services 2,400 - Sample ballot postage 600 — Absentee postage 11,626 — Additional staffing 1.000 — Publications, misc. costs $48,326 — TOTAL ESTIMATE • For comparison purposes, $57,000 was the cost of the March 2005 (stand-alone) election in Manhattan Beach, with 24,039 registered voters (compared to 13,312 in Hermosa), which affects the postage/printing/precinct costs, but has little effect on the base cost of an election. Please note that if the Council does not call a special election tonight, the April date will no longer be an option. The June 6, 2006.date would provide the opportunity to request consolidation with the County primary election, which would require less additional City staffing since duties would be shared between the Clerk's office and the County. If this is the alternative selected, all required resolutions would be presented at the January 10 meeting for Council adoption: The total estimated cost for this consolidated election is broken down as follows: $35,000 -County services 813- Martin & Chapman for election supplies 5;526 - Additional staffing 1,000 — Publications, misc. costs $42,339 TOTAL ESTIMATE IT IS IMPORTANT TO NOTE, however, that there is no guarantee that the County will' approve our consolidation request for the June'`6 election. Recentcorrespondence from the County strongly recommended that the City choose another alternative, and included the following excerpt from a document summarizing the. Election Consolidation Policy of the Los Angeles County Board of Supervisors: "1) The County's voting system (InkaVote) does not have the capacity to include regularly -scheduled races for ail jurisdictions within the County on either its Primary or General even -numbered year election. 2) There is no way to determine, in advance of the completion of candidate filings, which jurisdictions' candidates would fit on any given Primary or General Election ballot. 3) In fairness to the many cities and school districts within Los Angeles County, the Board of Supervisors has a long-established policy of denying requests for consolidation with Primary or General Election. The basis for this denial is Number 1) above, that is, the County's voting system lacks the capacity to include all jurisdictions' elections." If the decision is made to go with a June election, a worst-case scenario would put us in the unfortunate position of having to conduct a concurrent (stand-alone) election on thatdate, using the County's established polling places, but with our own separate voting tables, precinct officers, ballots and supplies, and then tabulating our own results, all of which would increase our cost to that of a stand-alone election and create voter confusion. For comparison purposes, below are the costs of our most recent consolidated elections: (1) 11/04/03 regular municipal election total cost was $32,502 - for Clerk, Treasurer, two Council seats, and -two measures (shared ballot with El Camino Community, College District): Cost breakdown = $25,369 to the County, $1,000 to Martin & Chapman, $5,183 for additional staffing, and $950 for copy costs, publications, etc. (2) 11/06/01 regular municipal election total cost was $49,530 for three Council seats and three. measures (shared ballot with Hermosa Beach City School District). Cost breakdown = $30,761 to the County, $13,059 to Martin .& Chapman (primarily for the supplemental voter pamphlet the City had to send out because the County pamphlet Yl had no room for our three measures), $4,725 for additional staffing, and $985 for publication, etc. Again, for comparison purposes, please note the nearly identical County consolidation costs between the UDEL election and the primary election shown below: (1) 11/07/95 regular municipal election the County charged the City; $24,706 for Clerk, Treasurer, two Council seats and four measures (shared ballot with El Camino Community College District). (2) 03/26/96 primary election - the County charged the City $26,242 for one measure (shared ballot included Superior Court judges, County District Attorney and Supervisor and 12 State measures), An all -mail -ballot election is another possibility. Although our City normally would not qualify, Election Code Section 4006 provides that a "small city" (population of 100,000 or less) is eligible to conduct an all -mail ballot election if held to fill a Council vacancy. If the. Council authorizes the use of mailed ballots, we would not be restricted to the established mailed ballot dates specified in Election Code Section 1500 since the election would be held to fill a Council vacancy, and would not be held on the.. same date as a statewide primary or general election or be consolidated with any other election. An all -mail ballot election is also not restricted to a Tuesday and may be held any day of the week. The selected date simply • may not take place less than 114 days' from the date of calling the election: The City Clerk's office, with the assistance of Martin & Chapman, would count the returned ballots at the designated time and place. If an all -mail ballot election were called this evening, the date of the election may be held Tuesday, April 11, or any date thereafter, which would allow the vacancy to be filled sooner than the June option: Martin & Chapman has estimated the cost for a mailed ballot election to be about 5 -percent less than for a polling -place, election: The Council would have the option,; of paying postage for returned ballots (the, City does have the required business reply permit), which would add an additional $1,800 to the cost for a 33 -percent return, which is typical in a City election, The City staffing requirement would be less for an all -mail ballot election because the need would be eliminated to establish polling places, recruit and train election officers, arrange for the election day set-up of voting booths and other supplies. The. estimated cost for an all -mail ballot election is broken down as follows: • $34,000 — Martin & Chapman services and supplies (including postage) 6,714 — Additional staffing 1.000 -Publications, misc. costs '$42,514 TOTAL ESTIMATE (if voters pay to return their ballots) 1,800 - City paid return postage; $43,514 TOTAL ESTIMATE (if the City pays for returned ballots) Attached to: this report are all of the required documents for adoption if the Council decides to call an all -mail ballot election this evening to fill the vacancy (the election date would need to be filled in). If the Council defers action to the next meeting (January 10, 2006),the soonest date for an all -mail ballot would be May 4, 2006. Attachments: Elaine Doerfling, City, Cler City of Hermosa Beach APPLICATION. APPOINTMENT TO CITY COUNCIL 4E, , c 33 ees] Rat�u.-.;-;t • i r:iftl4S°t ri fi'ra{e'iii!iE;'•` - t=;r,,..:a,• e�n,oiti{ettG itn;y ,I,EiI;If`er'�iii7 "i;iEr11.(<t7 .! ,C. ! t. :;spr'n`':�j � ;i-." •::� .,s,fia'uiiiitl�}i{t�jl#;IR.gC ,. nts..and'electo s: �•ta,::Bea��" e. .r.. p'< : , �e: � af�� ermos lr. i t f I!.;�? t -k :,•,e,;,.., e;. S.i,sir�e��{`"3'k 4 �a :, ;�lapqr • 1111141 i e' �� jffi j ) !� fl crit{ k,t:r.. firtle, Astatemeri zi::r: pili~h tpeolitical `Ref9. .„.cta'o'l •.•i � - .. .. .. Sbi l:tLtffta. ta.NE,l� Applications must be returned by 6:00 p.m..; (date) City Clerk's Office 1315 Valley Drive Hermosa Beach, CA 90254 Name:.. (first) (middle) Home Address: City: ZIP: Home Phone Years resided at above address: Are you a registered voter? • Have you lived at any other address during the past year? ❑ No 0 Yes (last) If yes, give previous address: • Occupation will accept the office if appointed (Signature) Date: Please type or print in black ink. Attach additional pages as necessary:. 1. Education School Major Graduation Date and Degree.. 2 Why do you think you should be appointed? What is there specifically in your background, training, education and interests that qualify you as a candidate? Attach further information or a resume as necessary. 3 Hermosa Beach Community Service Experience Organization Served From To Offices Held 4 Provide the names, addresses and telephone numbers of personal, references (other than family members) A Name Address Phone B Name . Address Phone C Name Address Phone D Name Address Phone RESOLUTIONS FOR THE COUNCIL TO ADOPT TO CALL AN APRIL 11 2006 SPECIAL ELECTION RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, APRIL 11, 2006 RESOLUTION NO. 05- . A RESOLUTIONOF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF AN A SPECIAL MUNICIPAL ELECTION ON TUESDAY, APRIL 11, 2006, FOR THE ELECTION OF A MEMBER OF THE CITY COUNCIL TO FILL A VACANCY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. RESOLUTION NO. 05- 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 RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION,TO BE HELD ON TUESDAY, APRIL 11, 2006. RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE SPECIAL MUNICIPAL ELECTION OF APRIL 11, 2006. 10 11 12 13 14 15 16 18. 19 2.0 21 22 23 24 25 26 27 28 RESOLUTION NO. O5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, APRIL11, 2006 WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates' statements. NOW, THEREFORE, THE. CITY COUNCIL OF THE CITY OF .HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to ` Section 13307 ' of the Elections Code of the State of California, each candidate for elective office to be. voted for at an Election to be held in the City of Hermosa Beach on Tuesday, April 11, 2006, may prepare a candidate's statement on an appropriate form provided by the City Clerk: The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. . The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filingnomination papers and until 5:00 p.m:' of the next working day after the close of the nomination period. SECTION 2. FOREIGN LANGUAGE POLICY. A Pursuant to. the Voting Rights Act, the City may be required to translate candidates statements into one or more of the following languages: Chinese, Japanese, Korean, Spanish, Tagalog, Vietnamese. 2 3 7 10. 11 12. 13. • 15 16 17. 18 19 20 21 B. Pursuant to State law, the candidate's statement must be translated and printed in the voter's pamphlet in any language at the candidate's request. C. The City Clerk shall have all candidates' statements translated into languages that may be required by the Voting Rights Act as specified in A above. Pursuant to State law, the City Clerk shall have translated into another language 'only those statements as requested by the candidate and shall print translations of candidates whorequest such printing in the voter's pamphlet as specified in B above. SECTION, 3. PAYMENT. 1. The, candidate shall be required to pay for the cost of printing the candidate's statement in English in the voter's pamphlet. 2. The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in A`and/or B above, pursuant to State. and/or Federal law. 3. The candidate shall also be required to payfor the cost of printing the candidate's statement in a foreign language in the voter's pamphlet. The City Clerk shall estimate: the total cost of printing, handling, translating, and mailing the candidates' statements filed pursuant to this section, including costs incurred as a result of complying with the Voting. Rights Act of 1965 (as amended), and shall require each candidate filing a statement to pay in advance to the City his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. The required estimated payment • is just an approximation of the actual cost that varies from one election to another election and 22 may be significantly, more .or less than,. the estimate, depending on the actual, number of 23 candidates filing statements. Accordingly, the Clerk is not bound by the estimate and shall, on a 24 pro rata basis, bill the candidates for additional actual expense or refund any excess paid, 25 depending on the final actual cost. In the event of underpayment, the Clerk shall require the 26 candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk shall 27 28 • 6 7 8 10 16 1.7 18 19 20 21 prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. SECTION 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 5. The City Clerk shall provide each candidate or the candidate's representative a copy of this resolution at the time the nominating petitions are issued. SECTION 6. All previous resolutions establishing Council policy on payment for candidates' statements are repealed. SECTION 7.. This resolution shall apply only to the election to be held on Tuesday, April 11, 2006, and shall then be repealed. SECTION 8. The City Clerk shall certifyto the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON THIS 13TH DAY OF DECEMBER, 2005. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach ATTEST: City Clerk APPROVED AS TO FORM: City Attorney • • 1 2 3 4 '5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, APRIL 11, 2006, FOR THE ELECTION OF A MEMBER OF THE CITY COUNCIL TO FILL A VACANCY AS REQUIRED BY THE 'PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, a vacancy in the office of Member of the City Council was created by the decision of Howard Fishman to not assume office on December 13, 2005; and WHEREAS, the term of office in which the vacancy occurs'ends in November, 2009. •- NOW; THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section1.. That pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Hermosa Beach, California, on Tuesday, April 11, 2006, a Special Municipal Election for the purpose of the election 'of a Member of the City Council to fill a vacancy created by the decision of Howard Fishman not to assume the office to which he was elected, the term of which ends in November 2009. Section 2. That the ballots to be used at the election sha1l be in form and content as required by law. Section 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 4. That the polls shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same 27 day when, the polls shall be closed, except as provided in § 14401 of the Elections Code of the 28 1 5 9 10 - 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 State of California. Section 5. That pursuant to Elections Code ,§ 12310, a stipend for services for the persons named as precinct board members is fixed at the sum of $75 for each Inspector and $55 for each Clerk for the election. In addition, the sum of $25 will be given to each precinct board member to attend a training class and ,the sum of $25 will be given to each inspector to pick up the precinct supplies. The rental for each of polling place, where a charge is made, shall be the sum of $25 for the election. When required, the compensation of the Custodian of a building shall be $25 for the election. Section 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 7. That notice of the time and place ofholding the election is given and the City. Clerk is authorized, instructed and directed _ togive further or additional notice of the election, in time, form and manner as required by law. Section 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF DECEMBER, 2005. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California . ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 2 6 10 11 12 13 14 15 16 17 18 1,9 20 21 RESOLUTION NO. 05- 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 RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION. TO BE HELD ON TUESDAY, APRIL 11, 2006 WHEREAS,, a Special' Municipal Election is to be held in the City of Hermosa Beach, California, on Tuesday, April 11, 2006; and WHEREAS, in the course of conduct of said election, itis necessary for the City to' request services of the County of Los Angeles; and WHEREAS, all necessary expenses in performing these services shall be paid by the City of Hermosa Beach. NOW, THEREFORE, THE CITY COUNCIL .OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBYRESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the provisions of Section 10002 of the Elections Code of the State of California, this City Council hereby requests the Board of Supervisors of the County of Los Angeles to permit the County Election Department to prepare and furnishto the City for use in conducting the election the computer record of the names and addresses of all eligible registered voters in the City in order that the City may print labelsto 'be attached to self -mailer sample ballot pamphlets; and to also furnish to the City printed indices of the voters to be used by the precinct board at the polling place andto make available to the City additional election 22 equipment and assistance according to state law.. 23 Section 2. That the City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. 24 Section 3. That the City Clerk is hereby directed to forward without delay to the Board 25 of Supervisors and to the County Election Department, each a certified copy of this resolution. 26 27 28 1 2 7 9 10 11 12 3 14 -- 15 16 17 18 19 20 21 Section 4. That the City Clerk shall certify to' the passage and adoption of this Resolution; shall enter the same in the book of original resolutions of said City; and shall make a minuteof passage and adoption thereof in the minutes of the meeting at which the resolution is adopted. PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF DECEMBER, 2005. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: City Clerk: APPROVED AS TO FORM: City Attorney, 2 4 9 10 12 13 15 16 17 18 - 19 20 21 "22 23 24 28 RESOLUTION NO: 05- A. RESOLUTION OF. THE CITY -COUNCIL OF THE CITY OF HERIVIOSA BEACH, CALIFORNIA, FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE SPECIAL MUNICIPAL ELECTION OF APRIL 11, 2006 WHEREAS, the matter of the Special- Municipal Election of April 11, 2006, as it relates to additional duties and staffing, was reviewed by the City Council on December 13, 2005. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That pursuant to Ordinance No. 78-603 of the City of Hermosa Beach, adopted December 14, 1978, the compensation of The City Clerk shall be fixed by resolution of the City Council, SECTION 2. That the City Clerk shall receive an additional monthly salary equal to the Clerk's regular monthly salary for thefour month election process, commencing December 16, 2005 through April 15, 2006, payable semi-monthly at the same time and in the same manner as the salaries paid to each of theofficers and employees of the City. SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of originalresolutions.. PASSED, APPROVED and ADOPTED this 13th day of December, 2005. PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach ATTEST: City Clerk APPROVED AS TO FORM: City Attorney DOCUMENTS FOR THE COUNCIL TO ADOPT TO CALL A SPECIAL ALL -MAIL BALLOT ELECTION RESOLUTION NO. 05- A RESOLUTION: OF THE CITY COUNCIL OF THE CITY OF, HERMOSA BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE ON , 2006. RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF AN ALL MAIL BALLOT SPECIAL MUNICIPAL ELECTION ON -, 2006, TO, FILL A VACANCY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES: RESOLUTION NO. 05- 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 RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF AN ALL MAIL BALLOT SPECIAL MUNICIPAL ELECTION TO BE HELD ON , 2006. RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF, HERMOSA BEACH, CALIFORNIA, FIXINGTHE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE SPECIAL MUNICIPAL ELECTION OF APRIL 11, 2006. 2 4 9 to 12 13 • 15 16 17 18 19 20'. 21 22 23 24 25 26 27 as RESOLUTION NO. 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION " TO BE HELD ON , 2006 WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates' statements. NOW, THEREFORE, THE CITYCOUNCIL OF THE CITY OF HERIVIOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: •SECTION 1. GENERAL PROVISIONS. That pursuant to Section 13307 of the Elections Code of the State of California, each. candidate for elective office to be' voted for at an Election to be held in the City of Hermosa Beach on Tuesday, November 8, 2005, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or. herself The statement shall not include party affiliation of the candidate, nor membership or. activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. SECTION 2.. FOREIGN LANGUAGE POLICY. -A. Pursuant to the Voting Rights Act, the City may be required to translate candidates statements into one or more of the following languages: Chinese, Japanese, Korean, Spanish, Tagalog, Vietnamese. • 05-0000 6 7 16 21 22 23 28 B. Pursuant to State law, the candidate's statement must be translated and printed in the voter's pamphlet in any language at the candidate's request. C. The City Clerk shall have all candidates' statements translated into languages that may be required by the Voting Rights Act as specified in A above. Pursuant to State law, the City Clerk shall havetranslated into another language only those statements as requested by the candidate and shall print translations of candidates who request such printing in the voter's pamphlet as specified in B above. SECTION 3. PAYMENT. 1. The candidate shall be required to pay for the cost of printing the candidate's statement in English in the voter's pamphlet. 2. The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in A and/or B above, pursuant to State and/or Federal law. 3. The candidate shall also be required to ° pay for the cost of printing the candidate's statement in a foreign language in the voter's pamphlet. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates' statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and shall require each candidate filing a statement to pay in advance to the City his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. The required estimated payment is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than .the estimate, depending on the actual numberof candidates filing 'statements. Accordingly, the Clerk is not bound by the estimate and shall,' on a pro rata basis, bill the candidates for additional actual 'expense or refund any excess paid, depending on the final actual costa In the event of underpayment, the Clerk shall require the candidate to pay the balance of the cost incurred. In the event' of overpayment, the Clerk shall 05-0000 2 9 10 11 12 13 14 15 16 17 18' 19 20 21 22 23 . 24 25 28 prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. SECTION 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. SECTION .5. The City Clerk shall provide each candidate or the candidate's representative a copy of this resolution at the time the nominating petitions are issued. SECTION 6. All previous resolutions establishing Council policy on payment for candidates' statements are repealed. SECTION 7. This resolution shall apply only to the election to be held on 2006, and shall then be repealed. SECTION 8. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON °THIS 13TH DAY OF DECEMBER, 2005. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach ATTEST: APPROVED AS TO FORM: City Clerk . City Attorney 05-0000 3 9 10 12 13 15, 16 • 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF AN ALL MAIL BALLOT SPECIAL MUNICIPAL ELECTION ON 2006, TO FILL A VACANCY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, a vacancy -in the office of Member of the City Council was created by the decision of Howard Fishman to not assume office on December 13, 2005, and WHEREAS, the term of office in which the vacancy occurs ends in November of 2009. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE,DETERMINE AND ORDER AS FOLLOWS: Section 1; That pursuant to the requirements of the laws of the State: of California relating., to general law cities, there is called and ordered to be held in the City of Hermosa Beach, 'California;. on • 2006, a Special Municipal Election conducted by all mail 'ballot for the purpose of the election of a Member, of the City Council to fill a vacancy created by the decision of Howard Fishman not to assume the office to which he was elected, the term of which ends in November, 2009. Section 2. That the ballots to be used at the election shall be in form and content as required by law.. Section 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order' to properly and lawfully conductthe election by all mail•ballot. Section 4. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal- elections. Section 5. . That pursuant to the State Elections Code; the City of Hermosa Beach Municipal Code, and Ordinances of the City of Hermosa Beach, said Special Election shall be 6 9 10 ' 11 12 '13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 conducted by all mail ballot, and shall be conducted pursuant to Chapter 2 of Division 4 (commencing with Section 4100) of the California Elections Code only insofar as required by law, and only where not inconsistent _ with ordinances' of the City of Hermosa Beach. Notwithstanding Elections Code Section ,4103, ballots cast in this Special Election shall returned to the office of the. City Clerk no later than 6:00 p.m. ' on° Election :Day. Only ballots received in the office of the City Clerk by six o'clock p.m. on Election Day shall be counted: Section 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Section 7. That the ' City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute of passage and adoption thereof in the minutes of the meeting at which the resolution is adopted. PASSED, APPROVED, AND ADOPTED THIS DAY OF ,.200 . PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk City Attorney: 3 8, 10 11 12 13 14 RESOLUTION NO..05- 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 RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF AN ALL MAIL BALLOT SPECIAL MUNICIPAL ELECTION TO BE HELD ON 2006 WHEREAS, a all -mail ballot Special Municipal Election is to be held in the City of HermosaBeach, California, on , 2006; and WHEREAS, in the course of conduct of said election, it is necessary for the City to request services' of the County of Los Angeles; and WHEREAS, all necessary expenses in performing these services shall be paid by the City of Hermosa Beach. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: 15 Section 1. That pursuant to the provisions of Section 10002 of the Elections Code of the 16 State of California, this City Council hereby requests the Board of Supervisors of the County of 17 Los Angeles to permit the County Election Department' to prepare and furnish to the City for use 18 in conducting the election the computer record of the names and addresses of all eligible 19 registered voters in the City in order that the City may print labels to be attached to self -mailer 20 sample ballot pamphlets; and to make available to the City additional election assistance 21 according to state _law. 22 Section 2. That the City shall reimburse the County for services performed when the 23 work is completed and upon presentation to the City of a properly approved bill. 24 • Section 3. That the City Clerk is hereby directed to forward without delay to the Board of Supervisors and to the County Election Department, each a certified copy of this resolution. 25 26 Section 4. That ,the City Clerk shall -certify to the passage and adoption of this Resolution; shall enter the same in the book of original resolutions of said City; and shall make a 27 28 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 minute of passage and adoption thereof in the minutes of the meeting at which the resolution is adopted. PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF DECEMBER, 2005. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 8 11 RESOLUTION Na OS- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR AN ALL MAIL BALLOT SPECIAL MUNICIPAL ELECTION TO BE HELD 2006 WHEREAS, the matter of the all -mail ballot Special Municipal Election of 2006, as it relates to additional duties and staffing, was reviewed by the City Council on December 13, 2005. NOW, . THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That pursuant to Ordinance No. 7.8-603 of the City of Hermosa Beach, adopted December 14, 1978, the compensation of the, City Clerk shall be fixed by resolution of 12 the City Council. SECTION 2: That the City Clerk shall receive an additional monthly salary equal to one- 14 half (50 percent) of the Clerk's regular monthly salary for the four-month election process, , 200 , through , 200 payable semi-monthly at the commencing '16 same time and in the same manner as the salaries paid to;each of the officers and employees of 17 the City. 18 SECTION 3. That the City Clerk shall: certify to the passage and adoption of this 19 resolution and enter it into the book of original resolutions. 13 15 20 21 22 23 24 PASSED, APPROVED tandIADOPTED this 13th day of December, 2006. PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach 25 ATTEST: 26 27 28 APPROVED AS TO FORM: City Clerk City Attorney December 6, 2005 625 Monterey Blvd. Hermosa Beach, CA 90254 Hermosa Beach: City Council 1315 Valley Dr. . . Hermosa Beach, CA 90254 Dear City Council, The issue of who should take Howard Fishman's place brought to mind a voting method that would solve this sort of situation. It's called Instant, Runoff Voting and it's described on a website called Fairvote.org. RECEIVED. Per.... ....... In. elections such as ours, with a lot of candidates, the Instant Runoff idea allows you to vote for a first and second choice, The current system almost requires voters to strategize their single vote for one reason or another, rather than vote for the candidate they might actually prefer. With Instant Runoff, the true will of the people is more accurately reflected, and dilemmas such as our own would have a fairer solution. I can only begin to explain the process here; but'I strongly urge you to visit Fairvote.org and see for yourselves. I really believe this is the fairest way to hold an election, and I hope that you might agree. Thanks for your consideration. Mayor and Members of the City Council CITY COUNCIL COMMITTEE ASSIGNMENTS - NOVEMBER 2005 Recommendation: December 1, 2005 City Council Meeting December 13, 2005 • It is recommended that the City Council appoint delegates and alternates to the' various committees (see attached updated list), consistent with the policy of maintaining permanent representation whenever possible, and delete any obsolete temporary subcommittees as appropriate: Background: At its meeting of November 22, 2005,, the appointment of committee assignments,was continued to the December 13, meetingere-assign those positions previously held by former Councilmember Yoon,with the understanding that committee assignments, would be reevaluated and changed at such time as the Council vacancy (Howard Fishman's seat) is filled. The January 25, 2005 committee -assignment list (attached) has been updated to include the changes made at the November 8, 2005 meeting (at which time (1) — Mayor Tucker was appointed as delegate to the L.A. County City Selection Committee and (2) — Mayor tucker was appointed as delegate and Mayor Pro Tempore Edgerton as alternate to the South Bay Cities Sanitation District). Council members are requested to contact Mayor Tucker prior to the December 13 meeting with their preferences with regard to committee assignments. Please note that thefollowing committees require'resolutions for delegate/alternate appointments. and if assignment changes are made this evening to any of these committees, new resolutions will. be placed on the consent calendar of the December 13 agenda for Council adoption: 1. Mayor Tucker is the current delegate and Finance Director Viki Copeland the current alternate for the Independent Cities Lease Finance Authority. 2. Councilmember Edgerton is the current delegate for the Independent Cities Risk Management Association, with Personnel/Risk Management Director Michael Earl as the designated alternate, and Finance Director Viki Copeland as the substitute alternate representative to serve in the absence of the delegate and alternate. 3. Councilmember Keegan is the current delegate and Councilmember Edgerton the current alternate for the South Bay Cities Council of Governments. (The delegate and alternate of this committee are also appointed to the LAX Committee, since those meetings occur back-to-back on the same day and at the same location.) 8b After the assignments of delegates and alternates, letters will be, sent to the appropriate boards and committees, and the list of newly appointed delegates and alternates will be forwarded to Council. REORGANIZATION OF CITY COUNCIL COMMITTEE DELEGATE AND ALTERNATE. APPOINTMENTS Beach Cities Committee Delegate Reviczky (as called) Delegate Yoon Coordinating Council Delegate Tucker Independent Cities Association Delegate (Kiwanis Club Building; as called) Keegan (Quarterly - dinner meeting) Alternate Yoon Independent Cities Lease Finance' Authority. •' Delegate Alternate Tucker Copeland Independent Cities Risk Management Association Delegate Edgerton Alternate (Annual in June, as called) RESOLUTION NO. 04-6323 (2nd Wed. - 10:30 a.m., Huntington Park) Earl (Copeland - substitute) RESOLUTION NO. 97-5886 LAX Committee. (same as South Bay Cities Council of Governments) Edgerton Alternate . Keegan . (4th Thursday - 5:45 p.m., Lomita City Hall Delegate League of California Cities Board of Directors Delegate.~' Tucker Alternate Keegan .(1st Thurs. - 7 p.m., Stevens Steak/Seafood House, 5332 Steven's Place, Commerce [dark in Julyl) Page 1 Appointments 01-25-05 (As amended 11-08-05) Los Angeles County/City Selection Committee (must appoint alternate separately each time when unable to attend meeting) Tucker (as called) Mayor Metropolitan Transportation Authority City Selection Committee Delegate Reviczky (as called) Alternate Keegan Sister City Association, Inc. Delegate Reviczky (1st Wed., Community Center, Room 4 Alternate Keegan South Bay Cities Council of Governments (same as LAX Committee) Delegate Keegan RESOLUTION NO. 04-6349 Alternate Edgerton (4th Thursday, 7 p.m., Lomita City Hall) South Bay Cities Sanitation District (County Sanitation Districts of Los Angeles) Delegate Tucker Alternate Edgerton 3rd Wed. - 1:30 p.m., Torrance City Hall) South Bay Youth Project Delegate Yoon Alternate Reviczky Southern California Association of Governments (Quarterly, as called - 6 p.m., 320 Knob Hill,°Room 4, Redondo Beach Delegate Keegan (Annual, as called) West Basin Water Association (Quarterly.- dinner meeting - 4th Thurs. Delegate Reviczky 6 p.m., Charlie Brown's, Redondo Beach) Alternate Keegan Page 2 Appointments 01-25-05 (As amended 11-08-05) Santa Monica Bay Restoration Commission Delegate Yoon Alternate Tucker, TEMPORARY COUNCIL SUB -COMMITTEES Beach Cities Health District Councilmember Reviczky Councilmember Tucker Airport [Formed 6/24/97] Councilmember Reviczky Councilmember Edgerton 'City -School District Partnership [Formed 5/28/98] Councilmember Edgerton. Councilmember Yoon Library [Formed 8/8/00] Councilmember Reviczky Councilmember Edgerton Downtown Noise [Formed 1/22/02] Couricilmernber Reviczky Councilmember Edgerton Aviation/PCH Improvements & Parking [Formed 2002,, Subcommittees combined 1/27/04] Councilmember Keegan Councilmember Tucker Page 3 Appointments 01-25-05 (As amended 11-08-05) .. Pacific Coast Highway Banner [Formed 11/12/03] Councilmember Edgerton Councilmember . Yoon Beach Cities Transit [Formed 7/13/04] Councilmember Yoon' Councilmember Reviczky Police/Fire/Government Buildings [Formed 7/27/04] Councilmember Tucker Councilmember Keegan Historical Preservation [Formed 10/16/04] Councilmember Tucker Councilmember Edgerton St. Patrick's Day 2006 Celebration [Formed 11/09/04] Councilmember Reviczky Councilmember Tucker Page 4 Appointments 01-25-05 (As amended 11-08-05)