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HomeMy WebLinkAbout05/09/06• "You can make more friends in a month by being interested in them than in ten years by trying to get them interested in you." - Charles L. Allen AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, May 9, 2006 - Council Chambers, City Hall 1315 Valley Drive Regular Session - 7:10 p.m. Closed Session - Immediately following Regular Session MAYOR CITY CLERK Peter Tucker Elaine Doerfling MAYOR PRO TEM CITY TREASURER Sam Y. Edgerton John M. Workman COUNCIL MEMBERS CITY MANAGER Michael Keegan Stephen R. Burrell J. R. Reviczky 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 ANNOUNCEMENTS PROCLAMATIONS / PRESENTATIONS NATIONAL PUBLIC WORKS WEEK MAY 21-27, 2006 CLOSED SESSION REPORT FOR MEETING OF APRIL 25, 2006: NO REPORTABLE ACTIONS. CITY CLERK f r • • PUBLIC PARTICIPATION: Although the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda as a business item. 1. ORAL AND WRITTEN COMMUNICATIONS Members of the public wishing to address the City Council on any items within the Council's jurisdiction, or to request the removal of an item from the consent calendar, may do so at this time. Comments on public hearing items are heard only during the public hearing. Comments from the public are limited to three minutes per speaker. Members of the audience may also speak: 1) during discussion of items removed from the Consent Calendar; 2) during Public Hearings; and, 3) during discussion of items appearing under Municipal Matters. The City Council acknowledges receipt of the written communications listed below. No action will be taken on matters raised in written communications. The Council may take action to schedule issues raised in oral and written communications for a future agenda. Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. a. Letter from Tim Lovekin dated May 2, 2006 regarding the 726 Prospect Avenue lot merger. 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 April 25, 2006. (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 accept donations of $250.00 from Mer -Maid Restaurant to be used for the Centennial Celebration; $1,000.00 from the Friends of the Park to be used for camp scholarships; $100.00 from VFW Post 11045 to be used for Veteran's Memorial maintenance; and, $2,000.00 from the Hermosa Beach Chamber of Commerce to be used for the Centennial Celebration. Memorandum from Finance Director Viki Copeland dated May 2, 2006. 2 r • • (e) Recommendation to receive and file report on the interim urgency ordinance to prohibit the establishment of medical marijuana dispensaries. Memorandum from City Manager Stephen Burrell dated May 1, 2006. (1) (g) Recommendation to authorize the award of construction contract for the Pier Concrete Deck Treatment project to KC Industries, Inc. of the City of Thousand Oaks, in the amount of $87,300; authorize the Mayor to execute and the City Clerk to attest the Contract subject to approval of the City Attorney; and, authorize the Director of Public Works to issue change orders as necessary within the approved budget. Memorandum from Public Works Director Richard Morgan dated April 30, 2006. Recommendation to approve the attached retainer agreement with the law firm of Bird Marella and direct the City Manager to execute the agreement. Memorandum from City Manager Stephen Burrell dated May 3, 2006. (h) Recommendation to approve the use of Lot B Parking Lot on Sunday, May 21, 2006 from 5:00pm to 8:00pm in conjunction with a fundraising event at Gallery C. Memorandum from City Manager Stephen Burrell dated May 3, 2006. (i) (1) Recommendation to approve Final Map #60398 for a 2 -unit condominium at 710 2" Street. Memorandum from Community Development Director Sol Blumenfeld dated May 2, 2006. Recommendation to approve Final Map #60971 for a 2 -unit condominium at 234 15t Court and 233 Lyndon Street. Memorandum from Community Development Director Sol Blumenfeld dated May 2, 2006. (k) Recommendation to approve Final Map #62441 for a 2 -unit condominium at 1427 Monterey Boulevard and 1426 Bayview Drive. Memorandum from Community Development Director Sol Blumenfeld dated May 2, 2006. (1) (m) Recommendation to approve the class specifications for Firefighter and Firefighter/Paramedic. Memorandum from Personnel Director/Risk Manager Michael Earl dated May 3, 2006. Recommendation to adopt a resolution approving the Engineer's Report for Hermosa Beach Landscaping & Street Lighting District 2006-2007 ("District") made pursuant to the requirements of Resolution No. 06-6457; adopt a resolution declaring the City Council's intention to order certain improvements and to levy and collect assessments within the District for the fiscal year beginning July 1, 2006 through June 30, 2007; and setting June 13, 2006 to accept public input on the matter of the proposed assessment. Memorandum from Public Works Director Richard Morgan dated May 2, 2006. 3 r e (n) • • Recommendation to approve an appropriation from the Centennial Fund in the amount of $2650. to purchase the time capsule and bags and direct the City Manager to sign agreement with a commemorative brick company to supply and engrave commemorative bricks to be installed on 14th Street. Memorandum from City Manager Stephen Burrell dated May 3, 2006. (o) Recommendation to approve an amendment to the contract with JAS for on-going staff services for Interim Senior Building Inspector and Planning Associate. Memorandum from Community Development Director Sol Blumenfeld dated May 4, 2005. 3. CONSENT ORDINANCES NONE 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Public comments on items removed from the Consent Calendar. 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. NONE 6. MUNICIPAL MATTERS a. REQUEST TO CONSIDER AIR AND SUBSURFACE ENCROACHMENTS AND ALLEY VACATIONS IN CONNECTION WITH THE REDEVELOPMENT OF THE PROPERTY AT 2901 PACIFIC COAST HIGHWAY. Memorandum from Community Development Director Sol Blumenfeld dated April 18, 2006. RECOMMENDATION: Direct staff to accept encroachment permits and alley vacation applications as part of the application process for the redevelopment of 2901 Pacific Coast Highway. INTRODUCTION OF AN ORDINANCE RELATING TO INTERCONNECTION OF PUBLIC, EDUCATIONAL, AND GOVERNMENT BROADCASTS ON CABLE AND OPEN VIDEO SYSTEMS. Memorandum from Personnel Director/Risk Manager Michael Earl dated May 3, 2006. RECOMMENDATION: Waive full reading and introduce ordinance. 4 1 c. LIGHTING AND LANDSCAPING SUPPLEMENTAL MAINTENANCE DISTRICT. Memorandum from Public Works Director Richard Morgan dated May 3, 2006. RECOMMENDATION: That the City Council hold a study session to review the proposed Lighting and Landscaping Supplemental Maintenance District. PROJECT NO. CIP 04-116 PIER AVENUE STREET IMPROVEMENTS PILOT STRIPING AND RE -STRIPING NORTH PIER PARKING STRUCTURE AWARD CONTRACTS. Memorandum from Public Works Director Richard Morgan dated May 3, 2006. RECOMMENDATION: Authorize the award of a construction contract for the Pier Avenue from Valley Drive to Hermosa Avenue Pilot Striping Project to PCI of Long Beach, California, in the amount of $40,476.10, and approve first change order reducing the scope of work by $15,627.80, for a new total contract amount of $24,848.30; authorize an appropriation of $20,000 from the Downtown Enhancement Fund for the re -striping of the North Pier Parking Structure; authorize the award of a construction contract for the North Pier Parking Structure Re -Striping Project to PCI of Long Beach, California, in the amount of $17,400; authorize the Mayor to execute and the City Clerk to attest the Contracts subject to approval of the City Attomey; and, authorize the Director of Public Works to issue change orders up to $3,500 for the Pier Avenue Striping Project and $2,600 for the Parking Structure Re -striping Project. e. ORDINANCE PROHIBITING SMOKING ON THE BEACH AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE. Memorandum from City Manager Stephen Burrell dated May 3, 2006. RECOMMENDATION: That the City Council review and adopt the attached ordinance prohibiting smoking on the beach. . MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. REQUEST FROM SOUTH BAY COASTLINERS TO WAVE BANNER INSTALLATION FEE. Memorandum from City Manager Stephen Burrell dated May 3, 2006. RECOMMENDATION: That the City Council consider their request and waive the $418 banner fee. . AB2987 (NUNEZ) — CABLE AND VIDEO SERVICE. Memorandum from City Manager Stephen Burrell dated May 2, 2006. RECOMMENDATION: Review and consider taking a position on AB2987. r 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL NONE 9. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: Recommended Action: 1) Vote by Council whether to discuss this item; 2) refer to staff for a report back on a future agenda; or, 3) resolution of matter by Council action tonight. 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 April 25, 2006. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 Property: 1301 Hermosa Avenue Negotiating Parties: Stephen Burrell & Dan Butterworth (Sprint) Under Negotiation: Price & Terms of Payment ADJOURN TO CLOSED SESSION RECONVENE TO OPEN SESSION ORAL ANNOUNCEMENTS ADJOURNMENT A• . P',,,r4 W ' ,.:•'),. , ,i_r!,-;-, ,..41.0 C ,L!„.i ,,,,,i .,.w,..,.4.• ' ?E', Z 1 , 0•• ' ,, . ft.„ •,,.:'4:Ti. „,;41-,:• ,','").i.., 16. Ou i, i .- 4...,•,4- g • .,, ...•,..., -.11•1 • Mil l' .,U : U MI, 0 0 CI ,..: El ,:.0. ,.4'. ,,.,,tt, .., ..900,11.1,170,44,MK.,,,,,,,,....,ermprepwr reln.....,,,WIP.,1!..,...,gorrn,040,11V,01.0,11.0141.10•11•11.111•11.11.1• A cC1- .• a 411) CALIFORNIA Art makes waves in Hermosa Beach 30 SUMMER TRAVEL each culture will always rule in Hermosa, but the South Bay city has received an infusion of a different kind of culture with the recent opening of two art venues. Gallery C, which specializes in contemporary California art has brought new drama to the 1920s vintage Bijou Theater. And the Klade Gallery opened in a tiny storefront on Pier Avenue. A few blocks away, a local coffee hangout, Jaw Manoffers an artsy alternative to fran- chise spots and is o great place to watch the Hermosa Beach scene unfold. WHERE: Hermosa Beach is west of 1-405 and about 20 minutes south of LAX. WHAT: Gallery C (1225 Hermosa Ave.; 310/798-0102); Klade Gallery (437 Pier Ave.; 310/374-0080); Java Man (157 Pier; 310/379-7209). CONTACT: www.hbchamber.net or 310/376- 0951. —Matthew Jaffe "ONE OFTHEZTOP Spectacular beaches • Lively festivals • Fine dining • Great nightlife, theater & galleries • 10 minutes south of LA Intl Airport 1-877-ENJOYHB www.HBCHAMBER.NET Sun... Surf. .. Sand.;... • 96 luxurious ocean front suites steps from the sand. • All guest suites feature a fireplace and a patio or balcony._ • 7 miles south of LAX located directly on die 26 mile coastal path known as The Strand. • • Adjacent to the hotel, Pier Ave. offers surf shops,. boutiques and restaurants: HERMOSA BEACH, CA at. Hermosa Beach, For reservations ; please call 888.895.4559 or visit www.beach-house.com 1300 THE STRAND - NERMOSA BEACH •,..cALIFORNIA 90,254 • COME FACE TO FACE WITH OUR VENOMOUS CREATURES. surprising faces behind the fangs, stingers, and spines of the most dazzling I4EE1SOt4EOF1HE and dangerous animals from the ocean and SouthernCalifornia. DaalingL Oaajarous opens May 26, 2006 at the Aquarium of the Pacific. Unravel the truth behind the myths as you learn why venom is the weapon of choice for these animals.` Get up close and learn why we should respect and protect these amazing creatures. ✓�� AQUARIUM /{oFTHEPACIFIC. A nonprofit institution 562.590.3100 aquariumofpacific.org 100 AQUARIUM WAY LONG BEACH, CA 90102 SUNSET 2006 45 May 2, 2006 Mr. Peter Tucker, Mayor Mr. Sam Edgerton, Mayor Pro Tempore Mr. Michael Keegan, Council Member Mr. J.R. Reviczky, Council Member do City of Hermosa Beach Civic Center, 1315 Valley Dr. Hermosa Beach, CA 90254-3885 Re: 726 Prospect Ave. tot merger Gentlemen, I am concerned about your decision to take a re -vote on the lot merger issue at 726 Prospect Ave, and you should be too. To quote Mr. Edgerton, "Any time you are dealing with someone's property rights you are dealing with something really important." That applies to every property owner in Hermosa Beach, developer or resident. Considering that the city has neglected its residents for 20 years by not enforcing the lot merger ordinance, this vote could be the most important vote you will cast. I'm requesting that you move the new public hearing to July 2006 when there will be five council members to vote on this important issue. The reason I am encouraging this postponement is that in 1986 when this ordinance was passed and approved by the City Council, it was as it is today, a very contentious issue with heated and emotional arguments on both sides. All five members of the council representing the entire population of Hermosa Beach were present for the vote. As the council sits now 115th of the population of Hermosa Beach will not be represented. However the vote goes, either side of the issue can and will call foul. How can anyone consider a vote by an incomplete council fair, especially when it concerns an issue of such importance? The re -vote is a given, but do any of you believe that this will be the end of the problem when the residents of Hermosa Beach have not been represented fairly? There is much at stake here. However you decide to vote on this matter, you must consider moving the new public hearing to July 2006 in order to have a complete Council. Only this way can you be fair to those who put you in the offices you hold. Sincerely, Tim Lovekin • • v ` 5/Vo() MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 25, 2006, at the hour of 7:13 p.m. PLEDGE OF ALLEGIANCE — Laura Raymond ROLL CALL: Present: Edgerton, Keegan, Reviczky, Mayor Tucker Absent: None ANNOUNCEMENTS — Councilmember Reviczky asked the City Attorney Jenkins to comment on the recent Daily Breeze editorial regarding the City's litigation with Macpherson Oil. City Attorney Jenkins said (1) the April 23 item in the Daily Breeze Opinions/Editorial section was written by Jonathan Williams who, although his byline suggested an academic association with USC, is vice president of a public relations company that does a lot of work for the oil industry; 2) the piece, which said Macpherson may receive hundreds of millions of dollars from the City, was incomplete and inaccurate, the City has a good defense and the possibility of a judgment of that magnitude for lost profits was remote; (3) the statement that the City showed no interest in settling was not true, as settlement discussions did occur; and (4) residents should not be unduly concerned, as the new litigation team has an excellent reputation. PROCLAMATIONS ROTARY CLUB OF HERMOSA BEACH 75TH ANNIVERSARY Mayor Tucker read and presented a proclamation to Dean Nota celebrating the 75th Anniversary of the Hermosa Beach Rotary Club. Dean Nota thanked the Council for helping celebrate this milestone for Rotary. MUNICIPAL CLERKS WEEK APRIL 30 — MAY 6, 2006 Mayor Tucker read and presented a proclamation to City Clerk Elaine Doerfling, proclaiming Municipal Clerks Week, noting that the position of City Clerk is the oldest of public servants. City Clerk Doerfling thanked the Mayor and commented on the long history of the profession, noting that the City Clerk in ancient Greece, at the beginning of each public meeting, would put a curse on anyone who would deceive the people, adding that she still does that. PUBLIC PARTICIPATION: City Council Minutes 4-25-06 Page 11883 2a 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Joanne Edgerton — Beach Cities Health District, presented the Council with pedometers and challenged them to walk 10,000 steps per day during the next week to participate in a fundraiser, with a $10 fee from each, to raise awareness of childhood obesity, noting that the Manhattan Beach City Council and the Health District were also participating; Laura Raymond — Friends of the Parks, announced the annual Dog Parade and Trick Show on Sunday, May 7, with registration at 10:30 a.m. at the Greenbelt and Pier Avenue and the parade at 11:00 a.m. ending at Valley Park, where the trick show will take place in the amphitheater and a Frisbee show (new to the event) will take place at 1:00 p.m.; Chuck Heidman — asked that item 20) be pulled from the Consent Calendar for separate discussion; Nancy Amato — Hermosa Beach Moms/Neighborhood Watch, invited all residents to attend the Neighborhood Watch Block Captains Open House from 2-4 p.m. on Saturday, May 20, in the Council Chambers, featuring guest speakers, a barbeque in the City Hall parking lot; and the Quake Cottage, simulating an 8.0 earthquake; Gene Shook — The Pavilion, referred to his letter to the Council regarding the April 18 Planning Commission decision on his project, saying he hoped the City would work with him to resolve the issues; Howard Longacre — Hermosa Beach, asked that Consent Calendar item 2(c) be pulled for separate discussion; Nancy McCutcheon — Hermosa Beach, spoke on the Council's decision at its last meeting to merge the lots at 726 Prospect; said the City was liable for money spent by the property owner to purchase the land and for architectural plans, which he could no longer use; and Mike Watson — Hermosa Beach resident and beach cities realtor, said he needed to know what to tell his clients regarding the potential of lots being merged and that the City should notify all citizens who owned lots that might be merged. a. Letter from Roger Creighton dated April 14, 2006 regarding sidewalk construction at Edith Rodaway Park. No one came forward to address the Council on this letter. City Manager Burrell responded to Council questions. Action: To receive and file the letter. Motion Edgerton, second Keegan. The motion carried by a unanimous vote. b. Letter from Howard Longacre dated April 19, 2006 regarding in -lieu parking spaces. City Council Minutes 4-25-06 Page 11884 Coming forward to address the Council on this letter was: Howard Lonqacre — Hermosa Beach, said there should be a policy study of the in -lieu parking space program as well as a fee increase, noting that the current fee of $12,500 per space was too low. City Manager Burrell responded to Council questions, agreeing that the in -lieu parking program fee probably should be increased to reflect today's costs. Action: To receive and file the letter. Motion Keegan, second Reviczky. The motion carried by a unanimous vote. c. Letter from Hermosa Beach Historical Society dated April 13, 2006 regarding the Historical Museum Expansion Funding request. Coming forward to address the Council on this letter was: Rick Koenig — President, Hermosa Beach Historical Society, spoke to his letter requesting that the City include, in next year's budget, $20,000 in matching funds to finish the museum expansion in time for the ribbon cutting ceremony during the Centennial Celebration; said even though most of the labor and materials had been donated as a labor of love, they still needed a total of $40,000. Action: To refer the item to the Budget Workshop on June 1, 2006. Motion Reviczky, second Keegan.. The motion carried by a unanimous vote. . Letter from Albro Lundy of Baker, Burton & Lundy dated April 17, 2006 regarding 726 Prospect Avenue. Coming forward to address the Council on this letter was: Brad Baker - Baker, Burton & Lundy, said they were requesting a re -hearing of the 726 Prospect lot merger item heard at the last meeting when the Council voted 2-1 to merge the lots, thereby overturning the Planning Commission decision; said a minimum of three affirmative votes was required for this decision; suggested that it might even be best to wait until a fifth Councilmember seated after the June election. Action: To receive and file the letter. Motion Keegan, second Reviczky. The motion carried by a unanimous vote. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (p) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(c) Keegan, (e) Reviczky, (j) Keegan, and (o) Mayor Tucker. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. City Council Minutes 4-25-06 Page 11885 At 7:54 p.m., the order of the agenda went to consent calendar item 20), followed by (c), (e) and (o). (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF APRIL 11, 2006. Action: To approve the minutes of the Regular Meeting of April 11, 2006 as presented. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 43608 THROUGH 43752, INCLUSIVE. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. This item was removed from the consent calendar by Councilmember Keegan at the request of Howard Longacre for separate discussion later in the meeting. Coming forward to address the Council on this issue was: Howard Lonqacre -- Hermosa Beach, asked how residents would be affected by the Supplemental Assessment District for Street Lighting and Landscaping item on the May 9 Council agenda; said in the past, some residents were not assessed. City Manager Burrell responded to Council questions. Action: To receive and file Tentative Future Agenda Items as presented. Motion Tucker, second Reviczky. The motion carried by a unanimous vote. (d) RECOMMENDATION TO RECEIVE AND FILE THE MARCH 2006 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. (e) Action: To receive and file the March 2006 financial reports as presented. RECOMMENDATION TO ACCEPT THE DONATIONS OF $250 FROM GARY AND APRIL WAYLAND TO BE USED FOR THE CENTENNIAL CELEBRATION AND $553 FROM THE VIETNAM VETERAN'S OF AMERICA, SOUTH BAY CHAPTER TO BE USED FOR THE VETERANS' MEMORIAL MAINTENANCE. Memorandum from Finance Director Viki Copeland dated April 13, 2006. City Council Minutes 4-25-06 Page 11886 1 This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: $250 from Gary and April Wayland to be used for the Centennial Celebration; and - $553 from the Vietnam Veteran's of America, South Bay Chapter to be used for the Veterans' Memorial maintenance. Motion Reviczky second Edgerton. The motion carried by a unanimous vote. (f) RECOMMENDATION TO RECEIVE AND , FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated April 17, 2006. (g) Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of March 31, 2006. RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated April 17, 2006. Claimant: Alan Nakamura Date of Loss: 1/27/06 Date Filed: 4/4/06 Allegation: Police Harassment. Claimant: Rhonda Erlich Date of Loss: 3/13/06 Date Filed: 4/5/06 Allegation: Personal lnjury. Action: To deny the above claims and refer them to the City's Liability Claims Administrator, as recommended by staff. (h) RECOMMENDATION TO APPROPRIATE $1679.45 FROM THE CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM FUND, HIGH TECHNOLOGY GRANT (CLEEP) PROGRAM TO PURCHASE ELEVEN (11) PENTEK DIGITAL BALLPOINT PEN RECORDING DEVICES. Memorandum from Police Captain Thomas Eckert dated April 10, 2006. Action: To appropriate $1679.45 from the California Law Enforcement Equipment Program Fund, High Technology Grant (CLEEP) program to purchase eleven (11) Pentek digital ballpoint pen recording devices, as recommended by staff. City Council Minutes 4-25-06 Page 11887 (i) RECOMMENDATION TO APPROVE REQUEST FROM INNOVA MARKETING, INC. TO UTILIZE PIER PLAZA FOR A ONE -DAY SALES PROMOTION OF GAP MERCHANDISE, FRIDAY, MAY 19, 2006 FROM 10:00AM TO 5:00 P.M. Memorandum from Community Resources Director Lisa Lynn dated April 18, 2006. Action: To approve the request from INNOVA Marketing, Inc. to utilize Pier Plaza for a one -day sales promotion of GAP merchandise, Friday, May 19, 2006 from 10:00 a.m. to 5:00 p.m., as recommended by staff. (j) RECOMMENDATION TO ADOPT RESOLUTION REFLECTING THE CITY COUNCIL DECISION TO OVERTURN THE PLANNING COMMISSION AND MERGE THE TWO LOTS AT 726 PROSPECT AVENUE INTO ONE PARCEL. Memorandum from Community Development Director Sol Blumenfeld dated April 19, 2006. Supplemental letter from property owner Chuck Heidman received April 24, 2006, and supplemental information from City Attorney Jenkins received April 25, 2006. This item was removed from the consent calendar by Councilmember Keegan at the request of Chuck Heldman for separate discussion later in the meeting. City Attorney. Jenkins and City Manager Burrell responded to Council questions. Coming forward to address the Council on this item was: Howard Longacre — Hermosa Beach, said lot merger items should be noticed even though the Municipal Code did not require it; said City Attorney Jenkins said noticing could be done beyond what is required in code. Action: To re -hear the item in its entirety, with direction to staff to comply with the requirements of the Municipal Code as was done with the previous hearing, with no noticing. Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Keegan. City Manager Burrell said the item would be re -heard at the May 23, 2006 meeting with no noticing, as directed by Council, and that possible revisions to the lot merger ordinance, as previously suggested, would be presented for Council consideration at a future meeting. (k) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated April 19, 2006. Claimant: Nicholls, David City Council Minutes 4-25-06 Page 11888 J (I) (m) • Date of Loss: 8/25/05 Date Filed: 2/22/06 Allegation: Constitutional Rights violation, personal injury. Action: To deny the above claim and refer it to the City's Liability Claims Administrator, as recommended by staff. RECOMMENDATION TO ADOPT RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT DURING FISCAL YEAR 2006-07. Memorandum from Public Works Director Richard Morgan dated April 18, 2006. Action: To approve the staff recommendation to adopt Resolution No. 06- 6457, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE DIRECTOR OF PUBLIC WORKS TO PREPARE A REPORT IN ACCORDANCE WITH ARTICLE FOUR OF CHAPTER ONE OF THE "LANDSCAPING AND LIGHTING ACT OF 1972," BEING DIVISION 15, PART TWO, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR THE MAINTENANCE, OPERATION AND SERVICING OF STREET AND SIDEWALK LANDSCAPING, LIGHTING AND APPURTENANT WORK IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 2006, AND ENDING JUNE 30, 2007." RECOMMENDATION TO APPROVE FINAL MAP #060571 FOR A THREE - UNIT CONDOMINIUM AT 403 ELEVENTH STREET. Memorandum from Community Development Director Sol Blumenfeld dated April 18, 2006. Action: To approve the staff recommendation to adopt Resolution No. 06- 6458, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 060571, FOR THE SUBDIVISION OF A THREE -UNIT CONDOMINIUM,. LOCATED AT 403 ELEVENTH STREET IN THE CITY OF HERMOSA BEACH, CALIFORNIA." (n) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF MARCH 15, 2006. Action: To receive and file the action minutes of the Public Works Commission meeting of March 15, 2006. (o) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 18, 2006. A supplemental letter from Gene Shook was received on April 25, 2006. City Council Minutes 4-25-06 Page 11889 • • This item was removed from the consent calendar by Mayor Tucker at the request of Gene Shook for separate discussion later in the meeting. Coming forward to address the Council at this time was: Gene Shook — Hermosa Pavilion said he understood it was possible to have a Planning Commission decision reviewed by the City Council at a properly noticed hearing; requested that the Council initiate such a review or said he would request an appeal. (p) Proposed Action: To request a review and reconsideration of the decision of Planning Commission at its April 18, 2006, meeting (Item 6) modifying the parking plan at the Hermosa Beach Pavilion to include a condition to require that the property owner provide two hours of free of parking for customers with validation and to re-evaluate the effectiveness of the validation program in six months. Motion Edgerton. The motion died for lack of a second. Action: To receive and file the action minutes of the Planning Commission meeting of April 18, 2006. Motion Mayor Tucker, second Edgerton. The motion carried by a unanimous vote. RECOMMENDATION TO AUTHORIZE THE AWARD OF CONSTRUCTION CONTRACT FOR THE POLICE DEPARTMENT HVAC UPGRADES TO RUSHER AIR CONDITIONING OF TORRANCE, CALIFORNIA, IN THE AMOUNT OF $165,165, CREATING CIP 05-645 POLICE DEPARTMENT HVAC UPGRADES; AUTHORIZE TRANSFER OF FUNDS TOTALING $137,110 FROM BUILDING MAINTENANCE, 2ND STREET RESURFACING, RE -ROOFING OF CITY BUILDINGS, CONCRETE REPAIRS AT VARIOUS LOCATIONS AND 20TH STREET, VALLEY TO POWER; AUTHORIZE APPROPRIATION OF S48,055 FROM THE EQUIPMENT REPLACEMENT FUND; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL OF THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ISSUE CHANGE ORDERS UP TO $20,000. Memorandum from Public Works Director Richard Morgan dated April 20, 2006. Action: To approve the staff recommendation to: (1) Authorize the award of construction contract for the Police Department HVAC Upgrades to Rusher Air Conditioning of Torrance, California, in the amount of $165,165, creating CIP 05-645 Police Department HVAC Upgrades; (2) Authorize transfer of funds totaling $137,110 from Building Maintenance, Second Street Resurfacing, Re -roofing of City buildings, Concrete Repairs at Various Locations and Twentieth Street, Valley to Power; City Council Minutes 4-25-06 Page 11890 (3) Authorize appropriation of $48,055 from the Equipment Replacement Fund; authorize the Mayor to execute and the City Clerk to attest the Contract subject to approval of the City Attorney; and (4) Authorize the Director of Public Works to issue change orders up to $20,000. 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(c), (e), (j) and (o): 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 8:25 p.m., the agenda went to municipal matters item 6(a) 5. PUBLIC HEARINGS - None 6. MUNICIPAL MATTERS a. INTERIM URGENCY ORDINANCE TO PROHIBIT THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES. Memorandum from City Manager Stephen Burrell dated April 18, 2006. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to waive full reading and adopt Urgency Ordinance No. 06-1265U, entitled, "AN INTERIM ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PURSUANT TO GOVERNMENT CODE SECTION 65858 PROHIBITING THE ESTALISHMENT OF MEDICAL MARIJUANA DISPENSARIES AND DECLARING THE URGENCY THEREOF." Motion Edgerton, second Reviczky. The motion carried by the following vote: AYES: Edgerton, Keegan, Reviczky, Mayor Tucker NOES: None ABSTAIN: None ABSENT: None b. CODE AMENDMENT TO ADDRESS VARIANCE ISSUES ON R-1 SMALL LOTS. Memorandum from Community Development Director Sol Blumenfeld dated April 18, 2006. City Council Minutes 4-25-06 Page 11891 • • Community Development Director Blumenfeld presented the staff report, responded to Council questions, and passed around an exhibit showing Toss of development area with a conventional plan. Action: To approve the staff recommendation to: (1) Initiate an amendment to the R-1 small lot special exception standards to increase lot coverage and allow the required front yard to contribute to the open space requirement; (2) Refer the matter to the Planning Commission for report and recommendation; and (3) Direct staff to provide a report for the Planning Commission agenda indicating the number of small Tots this change would affect and also the effect on homes on walk streets versus drive streets. Motion Edgerton, second Keegan. The motion carried by a unanimous vote. NUISANCE ABATEMENT OF PROPERTY AT 1811 MANHATTAN AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated April 18, 2006. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this item were: Rick Koenig — Hermosa Beach, said that for the last eight years this property adjoining his had been a health and safety risk; said an explosion had destroyed a major portion of the house and no action to restore the structure was taken, resulting in odor, rat, and mosquito problems. John Gage — Hermosa Beach, said his daughter lived next-door to this property and he had been trying to restore her house for the last three years; said he has seen rats crawling on the roof and into the eaves of the neglected house; said the Fire Department had been out a year ago but no action was taken to reduce the hazard; Gary Herman — Hermosa Beach, said he lived next door and had calls to the City on record complaining about the structure; said the rat problem had to be mitigated before the house was demolished so that the rats did not spread out through the neighborhood; Don Geazer — Hermosa Beach, said he was building a house near this property and had complaints about the rats and the smell; and Ms. Hueston — Hermosa Beach, said she lived across the street and was, concerned that the rats would come into her home if the structure were torn down. (City Manager Burrell clarified that whether the City or the property owner demolishes the house, there will be a rodent removal plan before the house is torn down.) Action: To approve the staff recommendation to adopt Resolution No. 06- 6459, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF City Council Minutes 4-25-06 Page 11892 • HERMOSA BEACH, CALIFORNIA, SETTING A PUBLIC HEARING TO DETERMINE IF THE PROPERTY AT 1811 MANHATTAN AVENUE CONSTITUTES A PUBLIC NUISNACE," with the -inclusion of a rodent and fumigation plan in place prior to demolition. Motion Keegan, second Edgerton. The motion carried by a unanimous vote. NUISANCE ABATEMENT OF PROPERTY AT 138 FIRST STREET. Memorandum; from Community Development Director Sol Blumenfeld dated April 19, 2006. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this item was: Steven Landau — Los Angeles resident and owner of the subject property, said he would follow the recommendations in the engineer's report to demolish the structure in the front and repair the one in the rear; said he would get his demolition permit at City Hall the following day. Action: To approve the staff recommendation to adopt Resolution No. 06- 6460, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING A PUBLIC HEARING TO DETERMINE IF THE PROPERTY AT 138 FIRST STREET CONSTITUTES A PUBLIC NUISANCE, with direction to staff to report to the Council progress regarding the owner's action to demolish the structure. Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Keegan. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. AB2329 (OROPEZA) — SOUTH BAY STATISTICAL DATA. Memorandum from City Manager Stephen Burrell dated ApriI.20, 2006. City Manager Burrell presented the staff report and responded to Council questions. Action: To support AB2329 (Oropeza), which would create a South Bay Statistical area for State data. Motion Edgerton, second Keegan. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 9 OTHER MATTERS - CITY COUNCIL a. Request from Mayor Tucker to aqendize the issue of banning smoking on the beach City Council Minutes 4-25-06 Page 11893 Action: To agendize the issue for a future Council meeting. Motion Tucker, second Edgerton. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: Approval of minutes of Closed Session meeting held on April 11, 2006. 2. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on 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) Name of Case: Macpherson v. City of Hermosa Beach Case Number: BC172546 Name of Case: John Y. Kim, Jr. v. City of Hermosa Beach Case Number: YC050763 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Manager ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 25, 2006, at the hour of 9:08 p.m. to a closed session. RECONVENE TO OPEN SESSION — The Closed Session convened on Tuesday, April 25, 2006, at the hour of 9:15 p.m. At the hour of 9:42 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, April 25, 2006, at the hour of 9:43 p.m. to the Regular Meeting of May 9, 2006, at 7:10 p.m. City Clerk City Council Minutes 4-25-06 Page 11894 vchlist Check Register Page: 04/20/2006 7:08:37AM CITY OF HERMOSA BEACH Bank code : boa Voucher. Date Vendor Invoice Description/Account Amount 43753 4/20/2006 00243 HERMOSA BEACH PAYROLL ACCO 04152006 • 1 Vouchers for bank code : boa 1 Vouchers in this report Payroll/4-1 to 4-15-06 001-1103 105-1103 109-1103 117-1103 145-1103 156-1103 160-1103 301-1103 705-1103 715-1103 449,306.00 4,100.25 1,506.68 958.96 60.91 2,650.88 7,194.41 1,318.21 3,206.81 4,820.93 Total : 475,124.04 Bank total : 475,124.04 Total vouchers : 475,124.04 Page: vchlist Check Register Page: 04/20/2006 11:06:30AM CITY OF HERMOSA BEACH Bank code • boa Voucher Date Vendor Invoice Description/Account Amount 43754 4/20/2006 13497 LOS ANGELES COUNTY FIRE DEPT 18757 Witness Fee/Civil Srvc Hearing 001-1203-4201 150.00 Total : 150.00 ' 1 Vouchers for bank code : boa Bank total : 150.00 1 Vouchers in this report Total vouchers : 150.00 Page: vchtist Check Register Page: 04/20/2006 3:35:39PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 43755 4/20/2006 08955 AAE INC. •3756 4/20/2006 12066 AIT 43757 43758 43759 4/20/2006 13740 4/20/2006 12745 14596 TRAFFIC ENGINEERING SERVICES/MAR 06 001-3104-4201 14597 TRAFFIC ENGINEERING SERVICES/MAR 06 001-3104-4201 6795 Printer Inks and Toners/Mar 06 715-1206-4305 ALLSTAR FIRE EQUIPMENT, INC 105139 AMERICAN BINDING PRODUCTS 22293 4/20/2006 05108 AMERICAN RED CROSS 03760 4/20/2006 00407 AVIATION LOCK & KEY FIRE HOSE NOZZLES 001-2201-5401 LAMINATING POUCHES/ 100 PCS 001-4202-4305 20697 CPR/1ST AID TRAINING/3-14-06 001-2101-4317 20736 CPR/1ST AID TRAINING/3-23-06 001-2101-4317 10023 Keys made/Mar 06 001-2101-4305 10699 Lock -strike Plate/ Base 3 001-4204-4309 10703 Keys made/ Mar 06 001-2201-4309 10715 Duplicate keys/Slab-1 Pier 001-4204-4309 30715 LOCK & KEYS/ COMM SERV BLDG 001-4204-4309 Total : Total : Total : Total : Total : 1,114.06. 2,550.00 3,664.06 457.44 457.44 288.02 288.02 47.62 47.62 800.00 1,150.00 1,950.00 16.89 5.41 24.54 19.49 66.50 Total : 132.83 Page: vchlist Check Register Page: 04/20/2006 3:35:39PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 43761 4/20/2006 13737 B.D. WHITE TOP SOIL COMPANY 61050 GRANITE & BARK/ NOBLE PARK 001-6101-4309 941.78 001-2021 -19.22 001-2022 19.22 Total 941.78 .3762 4/20/2006 03190 BLUEPRINT SERVICE & SUPPLY CC 128520 Plan Copies/ Mar 06 001-4202-4201 99.48 128521 Bond Copies / MAR 06 001-4202-4201 43.30 128653 Plan Books, Blueprints/ Mar 06 001-4202-4201 447.90 Total : 590.68 43763 4/20/2006 00034 BUSINESS SYSTEMS CORPORATIC 284501 PROPERTY, EVIDENCE TAGS 001-2101-4305 246.22 Total : 246.22 43764 4/20/2006 03372 CA EMS PERSONNEL FUND 18687 License Renewal /Marks 001-2201-4317 130.00 Total : 130.00 43765 4/20/2006 02357 CALIFORNIA BUILDING OFFICIALS 4230 Employ Ad / Sr. Bldg Inspector • 001-1203-4201 135.00 Total : 135.00 43766 4/20/2006 00262 CALIFORNIA MARKING DEVICE 53460 Sign for Fire Dept 001-2201-4309 43.30 Total : 43.30 43767 4/20/2006 10547 CBM CONSULTING, INC. 323006 ENGINEERING SERVICES/MAR 06 301-8117-4201 3,035.00 324006 ENGINEERING SERVICES/MAR 06 301-8120-4201 2,045.00 Total : 5,080.00 43768 4/20/2006 09632 CDWG XM13849 HARDDRIVES / POLICE VIDEO SYSTEM 153-2106-5401 142.00 Page: 2 vchlist Check Register Page: 3 04/20/2006 3:35:39PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 43768 4/20/2006 09632 CDWG (Continued) XM70239 HARDDRIVES / POLICE VIDEO SYSTEM 153-2106-5401 43769 4/20/2006 00634 CHEVRON AND TEXACO CARD SEF 7898192088604 Gas Card Purchases/ Mar 06 715-2101-4310 • 43770 4/20/2006 13361 CINGULAR WIRELESS 556214765X04112006 Cell Phone Usage / Mar 06 001-4202-4304 43771 4/20/2006 10947 COCHRAN, TRACI 18724 Travel Mileage Reimbusement 001-2101-4317 43772 4/20/2006 07809 CORPORATE EXPRESS 69284758 Office Supplies / Mar 06 001-12084305 69353557 Office Supplies / Mar 06 001-1208-4305 69354611 Office Supplies / Mar 06 001-4601-4305 69354613 Office Supplies / Mar 06 001-4601-4305 • 69354614 Office Supplies / Mar 06 001-4601-4305 Total : Total : Total : Total : Total : 3,022.34 3,164.34 313.10 313.10 265.56 265.56 30.25 30.25 85.91 108.57 96.09 85.69 64.89 441.15 43773 4/20/2006 00850 CURTIS, L.N. 1100311-00 Strike Team Gear 001-2201-4350 272.46 001-2201-4314 222.35 1100317-00 GLOVES AND HOSE FOR FIRE DEPT 001-2201-5401 507.63 1100317-01 STRUCTURE GLOVES/FIRE DEPT 001-2201-5401 226.69 Page: vchlist Check Register Page: 4 04/20/2006 3:35:39PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 43773 4/20/2006 00850 CURTIS, L.N. (Continued) Total : 1,229.13 43774 4/20/2006 08855 D & D SERVICES, INC. 35013 Dead Animal Disposal/Mar 06 03775 4/20/2006 00642 DAILY BREEZE, THE 5499447 5500756 001-3302-4201 295.00 Total : 295.00 Employ Ads/Police Recruit&CSO 001-1203-4201 PUBLIC NOTICE: DISADVANTAGED BUSINESS 001-4202-4201 Total : 508.50 382.72 891.22 43776 4/20/2006 13691 DECANIO, DARLENE 18733 2005 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 43777 4/20/2006 00049 DEPARTMENT OF CONSERVATION 41206 Strong Motion Map Fee/3rd Qtr 001-3204 971.83 Total : 971.83 43778 4/20/2006 11449 DEWEY PEST CONTROL 3003908 Pest Control Services / Feb 06 001-4204-4201 500.00 3056887 Pest Control Services / Mar 06 001-4204-4201 500.00 3109015 Pest Control Services / Apr 06 001-4204-4201 500.00 Total : 1,500.00 43779 4/20/2006 12446 DIRECT SAFETY COMPANY 00503775 43780 4/20/2006 01034 ENDOM, STEVE 18751 43781 4/20/2006 12729 ENFACT SOLUTIONS, INC. 1076 1ST AID, SFTY SUPP/PUBLIC WORKS 001-4204-4321 751.63 Total : 751.63 Travel Mileage Reimbursement 001-2101-4312 90.90 Total : 90.90 ADMIN STORM WATER PROGRAM/MAR 06 160-3102-4201 6,120.00 Page: 4 1 vchlist Check Register - Page: 5 04/20/2006 3:35:39PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 43781 4/20/2006 12729 ENFACT SOLUTIONS, INC. (Continued) Total : 6,120.00 43782 4/20/2006 01318 GAMETIME 728624 BIG FOOT SLIDENALLEY PARK 001-6101-5402 4,062.11 001-2021 -37.83 001-2022 37.83 Total : 4,062.11 03783 4/20/2006 05125 GHASSEMI PETTY CASH, MARIA 18737 Petty Cash Replenish/ Mar 06 001-1121-4305 20.96 001-1201-4317 4.20 001-1203-4201 80.97 001-1203-4305 10.56 001-2201-4309 127.03 001-2201-4317 8.00 001-2201-5401 42.22 001-4101-4305 10.92 001-4201-4305 10.70 001-4202-4317 121.00 001-4601-4305 113.28 001-4601-4308 180.18 001-6101-4309 100.00 705-1209-4305 26.90 001-4101-4317 83.66 Total : 940.58 03784 4/20/2006 12311 GREMAUD, MARIE BAPTISTE 18677 Instructor Pymt/10650, 10655 001-4601-4221 336.00 Total : 336.00 43785 4/20/2006 04108 HAZELRIGG RISK MGMT SERV, INC 41706 Workers Comp Claims / 4-17-06 705-1217-4324 13,132.47 Total : 13,132.47 43786 4/20/2006 00322 HERMOSA ANIMAL HOSPITAL 118 Emergency Vet Services/ Mar 06 001-3302-4201 35.00 250 Emergency Vet Services/ Mar 06 001-3302-4201 35.00 Page: vchlist Check Register Page: 04/20/2006 3:35:39PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 43786 4/20/2006 00322 HERMOSA ANIMAL HOSPITAL (Continued) Total : 70.00 43787 4/20/2006 00065 HERMOSA BEACH CAR WASH, ZIPF 40106 City Car Washes / Mar 06 715-2101-4311 402.40 Total : 402.40 3788 4/20/2006 00668 INTERNATIONAL INST OF 18730 Procedure Manual 001-1121-4305 33.40 Total : 33.40 43789 4/20/2006 06100 IRON MOUNTAIN OFF-SITE DATA 100981321 Off Site Storage/ Mar 06 715-1206-4201 270.33 Total : 270.33 43790 4/20/2006 07294 KOKALJ, JAMES E. 18736 2005 Assessment Tax Rebate 105-3105 24.61 Total : 24.61. 43791 4/20/2006 00843 L.A. COUNTY METROPOLITAN 4060589 Bus Passes/Stamp Sales/Apr 06 145-3403-4251 176.00 Total : 176.00 43792 4/20/2006 11065 LAOLAGI, ROSE 10739,742,745,795 Instructor Pymt/10798,801,804 . 001-4601-4221 1,890.00 Total : 1,890.00 43793 4/20/2006 10066 LEATHERS, RAYMOND 18702 2005 Asssement Tax Rebate 105-3105 24.61 Total : 24.61 43794 4/20/2006 08445 LITTLE CO OF MARY HOSPITAL 00022033301 First Aid/C Alkadis/9-4-05 �. 001-1203-4320 269.00 00022390901 First Aid/M Smotrys/11-2-05 001-1203-4320 120.00 Q016241512 First Aid/M Smotrys/11-2-05 001-1203-4320 774.00 Total : 1,163.00 Page: vchlist Check Register Page: 04/20/2006 3:35:39PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 43795 4/20/2006 13779 MAURITZ, SARA 18701 Citation Refund/1305010531 43796 4/20/2006 10455 MUNI FINANCIAL 001-3302 25.00 Total : 25.00 37350 . ASSESSMENT DISTRICT ADMIN/ 3RD QTR 137-1219-4201 409.81 138-1219-4201 497.48 136-1219-4201 305.83 139-1219-4201 344.06 135-1219-4201 356.80 37446 DELINQUENCY MGMT/3RD QTR 137-1219-4201 72.73 138-1219-4201 62.34 136-1219-4201 10.39 139-1219-4201 20.78 Total : 2,080.22 43797 4/20/2006 07634 MUSIC ROOM PRODUCTIONS HB033106 AUDIO TAPES DUPLICATION 001-2101-4201 Total : 43798 4/20/2006 07762 NEOPOST 11464025 INK CARTRIDGES AND LABELS 001-1208-4305 Total : 403799 4/20/2006 13114 OFFICE DEPOT 331039822-001 Centennial Celebration Supplies 001-4601-4305 Total : 43800 4/20/2006 00519 PAK WEST PAPER & PACKAGING 689364-00 TRASH CAN LINERS/LIDS 001-3104-4309 689364-01 TRASH CAN LINERS/ UDS 001-3104-4309 700.59 700.59 182.89 182.89 96.57 96.57 671.91 232.74 Total : 904.65 43801 4/20/2006 13777 PHIL ROBERTS STUDIO 03-16-06 DEWEY WEBER WATER FOUNTAIN PAINTING 001-2160 500.00 Page: vchlist Check Register Page: 04/20/2006 3:35:39PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 43801 4/20/2006 13777 PHIL ROBERTS STUDIO (Continued) 43802 4/20/2006 13322 PIERCE, MARILYN 18735 2005 Assessment Tax Rebate 105-3105 • *3803 4/20/2006 00097 POSTMASTER 18745 PO Box #144/Annual Rental Fee 001-2101-4305 43804 4/20/2006 11934 POWER CHEVROLET CVCS130223 LOCK REPAIR/POLICE CAR 715-2101-4311 43805 4/20/2006 11539 PROSUM TECHNOLOGY SERVICES 17379 43806 4/20/2006 13608 PSOMAS 0018134 0018499 Computer Supp Serv/ Mar 06 715-1206-4201 Total : 500.00 24.61 Total : 24.61 144.00 Total : 144.00 168.46 Total : 168.46 12,300.00 Total : 12,300.00 Interim Assoc Engineer/Jan 06 301-8630-4201 8,576.00 160-8413-4201 640.00 301-8117-4201 2,150.00 001-4204-4201 256.00 301-8113-4201 256.00 146-8116-4201 5,768.00 Interim Assoc Engineer/Feb 06 301-8630-4201 6,400.00 160-8413-4201 1,408.00 301-8117-4201 3,712.00 001-4204-4201 768.00 301-8113-4201 1,480.00 146-8116-4201 2,168.00 301-8104-4201 120.00 301-8120-4201 248.00 301-8110-4201 248.00 109-3301-4201 720.00 Total 34,918.00 Page: vchlist 04/20/2006 3:35:39PM Check Register CITY OF HERMOSA BEACH Page: Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 43807 4/20/2006 03353 S.B.C.U. VISA 43808 43809 43810 43811 • 4/20/2006 00321 SBC 4/20/2006 13478 SELLERS, CARMELITA 4/20/2006 09656 SHRED IT CALIFORNIA 4/20/2006 13782 SLUGA, HERMAN 43812 4/20/2006 00114 SMART & FINAL IRIS COMPANY 43813 4/20/2006 10532 SOUTH BAY FORD 043607307200324190' 098607500007506100 262607520048420001! 3036098122296011491 705609012090557607: Hotel Lodging/C. Lopez 001-2201-4317 Fee for Additional Charges 001-2201-4317 Reg/Crawford,Garofano,Scott 001-2201-4317 Hotel Lodging/ S. Diaz 001-2201-4317 NEXTEL PHONE CHARGERS 001-4202-4304 248 134-9454 462 8 Circuit Billing / Apr 06 001-2101-4304 18734 333438909 18746 3607 5180 89000 2005 Assessment Tax Rebate 105-3105 Shredding Services / Mar 06 001-2101-4201 Towing Fee Refund 001-3841 001-3302-4201 Office Supplies / Mar 06 001-4601-4305 Teen Extreme Supplies 001-4601-4308 Auto Parts Purchase - Mar 06 715-2101-4311 Total : Total : Total : Total : Total : Total : 775.92 10.00 550.00 153.75 129.21 1,618.88 10.61 10.61 24.61 24.61 100.00 100.00 104.00 79.00 183.00 47.17 172.16 219.33 16.20 Page: 9 vchlist Check Register 04/20/2006 3:35:39PM CITY OF HERMOSA BEACH Page: 10 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 43813 4/20/2006 10532 SOUTH BAY FORD (Continued) 89406 Auto Parts Purchase - Mar 06 715-2101-4311 186.78 90563 Auto Parts Purchase - Mar 06 715-2101-4311 123.37 CM88539 Returned Merchandise 715-2101-4311 -83.86 Total : 242.49 43814 4/20/2006 08812 SOUTH BAY REGIONAL PUBLIC CO 200506416 SET UP CHEVY IMPALA SEDAN/ D. BARR 715-2101-5403 2,845.57 Total : 2,845.57 43815 4/20/2006 00159 SOUTHERN CALIFORNIA EDISON C 2-00-989-6911 Electrical Billing - Mar 06 105-2601-4303 189.07 2-01-836-7458 Electrical Billing - Mar 06 105-2601-4303 30.92 2-02-274-0542 Electrical Billing - Mar 06 001-6101-4303 13.76 2-09-076-5850 Electrical Billing - Mar 06 105-2601-4303 65.27 2-10-947-9824 Electrical Billing - Mar 06 105-2601-4303 120.73 2-19-024-1604 Electrical Billing - Mar 06 001-6101-4303 431.69 2-20-128-4825 Electrical Billing - Mar 06 109-3304-4303 2,322.28 2-20-984-6179 Electrical Billing - Mar 06 105-2601-4303 - 23.60 2-21-400-7684 Electrical Billing - Mar 06 105-2601-4303 24.65 2-22-267-0663 Electrical Billing - Mar 06 109-3304-4303 63.71 2-26-686-5930 Electrical Billing - Mar 06 105-2601-4303 2,045.13 Page: 10 vchiist Check Register Page: 11 04/20/2006 3:35:39PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 43815 .4/20/2006 00159 SOUTHERN CALIFORNIA EDISON =ontinued) Total : 5,330.81 43816 4/20/2006 10347 STANDARD REGISTER 5171790 MICR Ribbon / Apr 06 001-1141-4305 94.23 Total : 94.23 43817 4/20/2006 10412 STERICYCLE 0003556695 Medical Waste Disposal/Mar 06 • 001-2101-4201 211.38 Total : 211.38 43818 4/20/2006 05869 T2 SYSTEMS, INC. 110358 BATTERIES, HANDHELD PRINTERS 715-1206-4309 211.09 Total : 211.09 43819 4/20/2006 11818 TARANGO, CHERYL 18743 2005 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 43820 4/20/2006 13778 THE QUEEN MARY 18741 Trip Deposit 001-4601-4201 560.00 Total : 560.00 43821 4/20/2006 10529 TINGLEY, RUSSELL 18742 Hotel Reimburse/ C. Lopez 001-2201-4317 390.96 Total : 390.96 *3822 4/20/2006 09364 TOYS R US E704045 Lunch w Bunny Supplies 001-4601-4305 73.52 Total : 73.52 43823 4/20/2006 09078 TRUGREEN LAND CARE REGIONAL 2454981038 EXTR WRK/PLANTS-HRMSA AV&LIBRARY 001-6101-4201 300.00 2454986157 LANDSCAPE MAINTENANCE/MAR 06 001-6101-4201 16,135.64 105-2601-4201 695.25 109-3301-4201 257.50 Page: 11 vchlist Check Register Page: 12 04/20/2006 3:35:39PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 43823 4/20/2006 09078 TRUGREEN LAND CARE REGIONAL (Continued) 2454986158 43824 4/20/2006 08207 43825 4/20/2006 09139 43826 4/20/2006 13781 • 72 Vouchers for bank code : 72 Vouchers in this report UNDERGROUND SERVICE ALERT VANGUARD VAULTS WEITEKAMP, ROBERT boa 2454998899 2455001738 320060304 0010895 18725 LANDSCAPE MAINTENANCE/MAR 06 109-3301-4201 105-2601-4201 EXTRA WORK/REMOVE DEAD TREE 001-6101-4201 LANDSCAPE MAINTENANCE/MAR 06 001-6101-4201 Undrgmd Sery Alert/Apr 1, 06 160-3102-4201 Off Site Stor/Jan-Mar 06 001-1121-4201 Towing Fee Refund 001-3841 001-3302-4201 Total : Total : Total : Total : 927.00 2,575.00 800.00 400.00 22,090.39 116.80 116.80 48.00 48.00 104.00 79.00 183.00 Bank total : 138,945.45 Total vouchers : 138,945.45 Page: 12 vchiist 04/26/2006 1:20:07PM Check Register CITY OF HERMOSA BEACH Page: 1 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 43827 4/26/2006 00243 HERMOSA BEACH PAYROLL ACCO 04262006 1 Vouchers for bank code boa 1 Vouchers in this report Payro11/4-26-06 001-1103 Total : Bank total : Total vouchers : 7,299.87 7,299.87 7,299.87 7,299.87 Page: 1 vchlist 04/27/2006 4:09:26PM Check Register CITY OF HERMOSA BEACH Page: 1 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 43828 4/27/2006 12066 AIT 6821 Toner Supplies / Mar 06 001-2101-4305 363.35 6868 Toner Supplies/ Apr 06 001-2101-4305 482.48 6899 Toner Supplies / Apr 06 715-1206-4305 506.66 Total : 1,352.49 43829 4/27/2006 11359 ALKADIS, CHRISTOPHER 18749 Per Diem/POST Class 001-2101-4312 336.00 Total : 336.00 43830 4/27/2006 06827 ALL CITY MANAGEMENT 7015 CROSSING GUARD SRVS/3-19 TO 4-1-06 001-2102-4201 Total : 3,456.10 3,456.10 43831 4/27/2006 13739 BILL'S HOME & APARTMENT MAIN? 40306 REPLACE FD WINDOW SCREENS 180-8610-4201 438.77 Total : 438.77 43832 4/27/2006 08884 BUDGET RENT A CAR 18755 Citation Refund/1706012873 001-3302 65.00 • Total: 65.00 43833 4/27/2006 07472 CAL STATE LA -CONTINUING ED. 18716 Regist/CA Executive Forum 001-2101-4317 120.00 Total : 120.00 43834 4/27/2006 13584 CARMANAH TECH., INC. 44919 SOLAR POWER FLASHING. BEACON 001-3104-4309 3,900.49 Total : 3,900.49 43835 4/27/2006 13788 CASTILLO, ART 18713 Citation Refund/1505014679 001-3302 55.00 Total : 55.00 43836 4/27/2006 00623 CMTA, RALPH E LANPHERE, TREA;18779 CMTA Meeting Page: //_ vchllst Check Register Page: 04/27/2006 4:09:26PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 43836 4/27/2006 00623 CMTA, RALPH E LANPHERE, TREA; (Continued) 001-1202-4317 001-1141-4317 43837 4/27/2006 05595 COACH USA 139787 SpringCamp Trip Transportation 145-3409-4201 • 43838 4/27/2006 04715 COLEN AND LEE 2668 GEN LIAB CLAIMS ADMIN./MAR 06 40.00 40.00 Total : 80.00 523.77 Total : 523.77 705-1209-4201 1,000.00 Total : 1,000.00 43839 4/27/2006 09614 CONTINENTAL MAPPING SERVICE 40706 300' Noticing -Apr 06 001-4101-4201 1,722.00 Total 1,722.00 43840 4/27/2006 07809 CORPORATE EXPRESS 69470601 Office Supplies / Apr 06 001-1208-4305 106.39 69504842 Office Supplies/Toner/Apr 06 001-4601-4305 70.20 69504855 Office Supplies/ Apr 06 001-4601-4305 90.94 69504856 Office Supplies/ Mar 06 001-4601-4305 97.61 69504857 Office Supplies/ Apr 06 001-4601-4305 42.06 Total : 407.20 43841 4/27/2006 11398 DEBILIO DISTRIBUTORS,INC 218310 218921 Prisoner's Meals/Mar 06 001-2101-4306 Prisoner's Meals/Items Returned 001-2101-4306 264.72 -22.78 Total : 241.94 43842 4/27/2006 12991 DELL MARKETING L.P. M49383484 Dell Otiplex Desktop Computers 715-1206-5401 11,057.75 Page: vchlist Check Register 04/27/2006 4:09:26PM CITY OF HERMOSA BEACH Page: 3 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 43842 4/27/2006 12991 DELL MARKETING L.P. 43843 4/27/2006 13342 DELL SERVICE SALES (Continued) PTG404234738 SERVERS SERVICE EXTENSION 53844 4/27/2006 00364 DEPARTMENT OF JUSTICE 564891 43845 4/27/2006 13559 DTG OPERATIONS, INC. 18756 43846 4/27/2006 13627 ENVIRONMENTAL CHARTER 122943 43847 4/27/2006 10668 EXXON MOBIL FLEET/GECC 10164945 43848 4/27/2006 01962 FEDERAL EXPRESS CORP. 43849 4/27/2006 09531 FIRSTLINE, LLC 3-450-11147 715-1206-5402 New Employee Fingerprints 001-1203-4251 Citation Refund/ 1605015808 001-3302 Damage Deposit Refund 001-2111 Gas Card Purch/3-11 to 4-10-06 715-2101-4310 715-2201-4310 715-4201-4310 715-4202-4310 715-6101-4310 715-3302-4310 715-3104-4310 715-4601-4310 715-2601-4310 001-1250 Delivery Service/ Mar 06 001-2101-4305 715-1206-4305 14128 Medical Supplies/ Apr 06 001-2201-4309 Total : 11,057.75 744.00 Total : 744.00 288.00 Total : 288.00 65.00 Total : 65.00 600.00 Total : 600.00 Total : Total : 4,306.48 407.45 116.97 54.48 256.57 572.20 318.66 104.06 590.33 37.04 6,764.24 42.58 41.74 84.32 162.38 Page: 3 vchlist Check Register Page: 4 04/27/2006 4:09:26PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 43849 4/27/2006 09531 FIRSTLINE, LLC (Continued) Total : 162.38 43850 4/27/2006 13670 FREEMAN, DEBORAH 41906 . Transcrip/PW Comm Mtg4-19-06 001-4202-4201 100.00 Total : 100.00 43851 4/27/2006 01320 GALLS/LONG BEACH UNIFORM CO 765890 • Batteries/Uniform Supplies 001-2101-4314 27.05 Total : 27.05 43852 4/27/2006 07292 GALLUP, VIRGINIA G. 18786 2005 Assessment Tax Rebate 105-3105 24.61 - Total : 24.61 43853 4/27/2006 12007 GLEISTEIN, RONALD F. 18720 PerDiem/Jail Supervision Class 001-2101-4317 24.00 Total : 24.00 43854 4/27/2006 13784 HALLMARK SUITES 18750 Lodging/C. Alkadis 001-2101-4312 1,140.96 Total : 1,140.96 43855 4/27/2006 04108 HAZELRIGG RISK MGMT SERV, INC 42406 Workers Comp Claims/Apr 24, 06 705-1217-4324 27,660.04 Total : 27,660.04 03856 4/27/2006 11296 HERTZ 1305012900 2 Citation Refunds/1605015302 001-3302 120.00 Total : 120.00 43857 4/27/2006 13789 HUERTA, ALBERT 18712 Citation Refund/1305011079 001-3302 25.00 Total : 25.00 43858 4/27/2006 02758 JANULEWICZ, ANGELA 18719 PerDiem/Jail Supervision Class 001-2101-4317 24.00 Total : 24.00 Page: 4 vchlist Check Register Page: 04/27/2006 4:09:26PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 43859 4/27/2006 13485 KENNER, MARK 1704001730 2 Citation Refunds/1104002802 001-3302 175.00 Total : 175.00 3860 4/27/2006 02175 LIEBERT, CASSIDY WHITMORE 65273 Legal RE: HE050 00028 RK 001-1203-4201 34.00 65274 Legal RE: HE050 00029 RK 001-1203-4201 2,520.55 65722 Legal RE: HE050 00001 RK 001-1203-4201 757.50 65725 Legal RE: HE050 00032 RK 001-1203-4201 13,022.56 65727 Legal RE: HE050 0035 RK 001-1203-4201 1,638.50 65728 Legal RE: HE050 00036 RK 001-1203-4201 548.71 Total : 18,521.82 43861 4/27/2006 08445 LITTLE CO OF MARY HOSPITAL 18782 Blood Alcohol Draw/Q016515167 001-2101-4201 369.00 Total : 369.00 43862 4/27/2006 12739 LONG BEACH BMW BCCS439154 Motorcycle Repairs 001-2101-4305 80.00 Total : 80.00 43863 4/27/2006 13790 LUPO, MICHAEL ALLEN , 18711 Citation Refund/1405017299 001-3302 55.00 Total : 55.00 43864 4/27/2006 10045 MAIN STREET TOURS 33402 GettyVilla Trip Transportation 145-3409-4201 600.00 Total : 600.00 43865 4/27/2006 10768 MARIN CONSULTING ASSOCIATES Janulewicz Req/Gleistein,Saldana,Thompson 001-2101-4317 470.00 001-2101-4312 470.00 Page: vchlist Check Register Page: 04/27/2006 4:09:26PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 43865 4/27/2006 10768 MARIN CONSULTING ASSOCIATES (Continued) 43866 4/27/2006 07060 MARKS, AARON 18759 43867 4/27/2006 09432 MCMASTER CARR 41480616 • 41571206 43868 4(27/2006 08170 MUNICIPAL MAINT. EQUIPMENT 0036702 -IN 43869 4/27/2006 00656 NABER TECHNICAL ENTERPRISES 18697 43870 4/27/2006 13787 PACIFIC COAST IMPORTED CAR P118764 Travel Mileage Reimbusement 001-2201-4317 Total : 940.00 156.59 Total : 156.59 BRASS BRACES/BENCHES ON PIER 001-6101-4309 249.91 BRASS BRACES/BENCHES ON PIER 001-6101-4309 85.74 Total : 335.65 Maint. Supplies-Auto/Mar 06 715-3302-4311 88.19 Total : 88.19 Registr/Pierce, Starla Smith 001-2101-4313 594.00 Total : 594.00 Refund Conditional Use Permit Fee 001-3812 794.00 Total : 794.00 43871 4/27/2006 04898 PIERCE, BONNIE 18706 Per Diem/Jail Training Classes • 001-2101-4313 24.00 Total : 24.00 , 43872 4/27/2006 10847 PRENTER, CAROLE 18784 2005 Assessment Tax Rebate 105-3105 24.61 Total : 24.61. 43873 4/27/2006 11539 PROSUM TECHNOLOGY SERVICES 17426 17427 HP 3800N Printers 715-1206-5401 HP 2430 Printers 715-1206-5401 Total : 1,929.43 4,998.78 6,928.21 Page: 6 vchlist 04/27/2006 4:09:26PM - Check Register CITY OF HERMOSA BEACH Page: Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 43874 4/27/2006 08837 REDONDO BEACH, CITY OF 234 Fuel Purchases/ Feb 06 715-2201-4310 715-4204-4310 715-4201-4310 715-3302-4310 43875 4/27/2006 03726 RUSHER AIR CONDITIONING 1114240 43876 4/27/2006 09391 SALDANA, OFFICER RAUL 18722 43877 4/27/2006 12924 SAPHONY, ATTN: RUSHABH SHAH 40206 43878 4/27/2006 00321 SBC 331 254-6071 301 5 333 267-6155 686 9 333 267-6160 767.0 333 267-6161 416 3 333 267-6164 193 5 333 267-6165 717 0 EMERGENCY REPAIR OF AC UNIT IN PD 001-4204-4201 PerDiem/Supervision Class 001-2101-4312 Website Maint/Mar 06 715-1206-4201 Circuit Billing/ Apr 06 001-2101-4304 Circuit Billing/ Apr 06 001-2101-4304 Circuit Billing / Apr 06 001-2101-4304 Circuit Billing / API 06 001-2101-4304 Circuit Billing / Apr 06 001-2101-4304 Circuit Billing / Apr 06 001-2101-4304 43879 4/27/2006 12256 SHOOK DEVELOPMENT 18792 Work Gaurantee Refund/#6316 001-2110 Total : 498.75 10.96 13.91 21.32 544.94 248.00 Total : 248.00 Total : 24.00 1,102.50 Total : 1,102.50 24.00 57.66 188.36 59.44 59.44 50.68 50.68 Total : 466.26 15,000.00 Total : 15,000.00 Page: vchlist Check Register Page: 8 04/27/2006 4:09:26PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 43880 4/27/2006 13061 SIMPLEX GRINNELL 61187097 REPAIR FIRE ALARM AT COMM CENTER 001-4204-4321 838.69 70746791 Annual Maint Fee/Alarm/Comm Ctr 001-4204-4321 540.00 Total : 1,378.69 43881 4/27/2006 13585 SIMPSON, DENNIS 18726 Umpire Pymt/Spring Softball 001-4601-4201 985.00 Total : 985.00 43882 4/27/2006 13776 SMITH, STARLA 18705 Per Diem/Jail Training Classes 001-2101-4313 24.00 Total : 24.00 43883 4/27/2006 13761 SOURCE GRAPHICS 16638 Annual Maint Contract/Pub Wrks 715-1206-4201 2,203.00 Total : 2,203.00 43884 4/27/2006 00146 SPARKLETTS 0406 2553313 447278. Water Service / Apr 06 001-4601-4305 46.01 0406 2553411 447298' Water Cooler Rental/ Apr 06 001-2201-4305 2.00 Total : 48.01 43885 4/27/2006 01009 THOMPSON, TOM 18721 PerDiem/Jail Supervision Class • 001-2101-4312 24.00 Total : 24.00 43886 4/27/2006 09424 TOBIAS, EDNA 18766 2005 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 43887 4/27/2006 09364 TOYS R US E704237 Lunch w Bunny Supplies 001-4601-4305 82.06 Total : 82.06 43888 4/27/2006 10785 UNITED STORM WATER, INC. SW19427 STORM DRAIN FILTER MAINT/2-2-06 160-3102-4201 4,600.00 Page: 8 vchlist Check Register Page: 04/27/2006 4:09:26PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 43888 4/27/2006 10785 UNITED STORM WATER, INC. (Continued) Total : 4,600.00 43889 4/27/2006 04768 UPTIME COMPUTER SERVICE 19763 Printer Maintenance/Apr 06 715-1206-4201 03890 4/27/2006 00015 VERIZON CALIFORNIA 310 167-1756 Phone Charges/4-16 to 5-16-06 001-2101-4304 264.68 310197-3683 Phone Charges/Apr 06 715-1206-4304 656.24 001-3302-4304 64.57 001-2101-4304 1,264.34 001-4204-4321 58.64 001-2201-4304 240.64 001-4601-4304 148.75 001-4202-4304 132.01 001-4201-4304 87.98 109-3304-4304 31.07 001-1204-4304 29.32 310 372-6186 Phone Charges/3-16 to 4-16-06 001-1101-4304 12.39 001-1121-4304 2.73 • 001-1141-4304 0.80 001-1202-4304 4.49 001-1203-4304 17.72 310 372-6373 040311 Personnel Fax Line/Apr 06 001-1203-4304 32.27 310 PLO -0346 Phone Charges/4-16 to 5-16-06 001-2101-4304 619.52 Total : 619.52 43891 4/27/2006 03209 VERIZON WIRELESS -LA 2034550030 CeII Phone Usage/ Mar 06 001-2101-4304 43892 4/27/2006 02873 WESTERN GRAPHIX 24563 Employee ID cards 001-2101-4201 41.94 Total : 3,090.58 235.43 Total : 235.43 75.78 Page: vchlist Check Register Page: 10 04/27/2006 4:09:26PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 43892 4/27/2006 02873 WESTERN GRAPHIX (Continued) 43893 4/27/2006 10703 WILLDAN 061-20070 Sr. Bldg Inspector/Mar 06 001-4201-4201 66 Vouchers for bank code : boa • 66 Vouchers In this report "I hereby certify that the demands or ciais gpvered by the checks listed on pages / to inclusive, of the check register for'/ '-7A7/OL are accurate funds are available for payment, and are in conformance to the budget." By Date &OP, Finance Director Total : 75.78 4,400.00 Total : 4,400.00 Bank total : 127,472.56 Total vouchers : 127,472.56 Page: 10 May 2, 2006 Honorable Mayor and For the Meeting of Members of the City Council CANCELLATION OF CHECKS May 9, 2006 Please ratify the following request for cancellation of the check listed below: #43833 - 4/27/06 — Cal State LA Continuing Education — $120.00 Unable to attend. The check was not mailed. !I4 od = fConcur: ,.� __ Step R. = urrell, City anager y kefo-ri) John M. Workman, City Treasurer Noted for fiscal impact: Viki Copeland, Finance Director • May 4, 2006 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 9, 2006 D-6 1 TENTATIVE FUTURE AGENDA ITEMS MAY23, 2006 Extension of urgency ordinance to prohibit the establishment of medical marijuana dispensaries Community Development Director Appeal of Planning Commission decision at its January 17, 2006 meeting, not to merge the property at 726 Prospect Avenue, comprised of two lots, into one parcel Community Development Director Recommendation to receive and file the action minutes of the Public Works Commission meeting of April 19, 2006. Public Works Director Text amendment to allow large spa facilities in the C-2 and C-3 zones subject to a Conditional Use Permit Community Development Director Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of May 2, 2006. Community Resources Director . Recommendation to receive and file the action minutes of the Planning Commission meeting of May 16, 2006. Community Development Director Activity Reports — April 2006 All Departments THURSDAY, JUNE'[, :2006 @-7:OPM BUDGET WORKSHOP JUNE 13 2006. Public Hearing: Adopt Budget Finance Director Recommendation to receive and file the action minutes of the Public Works Commission meeting of May 17, 2006. Public Works Director JUNE:27, 2005_ - ...-,._ . Public Hearing: 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:OOam 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 June 6, 2006. Community Resources Director Recommendation to receive and file the action minutes of the Planning Commission meeting of June 20, 2006. Community Development Director Activity Reports — May 2006 All Departments Honorable Mayor and Members of the City Council Recommended Action: May 2, 2006 For the City Council Meeting of May 9, 2006 ACCEPTANCE OF DONATIONS It is recommended that the a City Council accept donations received by the City to be used as follows: Donor Mer -Maid Restaurant Friends of the Parks VFW Post 11045 Hermosa Beach Chamber of Commerce R spectfully submitted: glAtt-M1116A-1 Valerie Mohler Accounting Supervisor Amount Purpose $250.00 To be used for the Centennial Celebration. $1,000.00 To be used for camp scholarships. To be used for Veteran's Memorial $100.00 maintenance. (Recorded in the Veteran's Memorial account) $2,000.00 To be used for the Centennial Celebration. Concur: Viki Copeland Finance Director 1 l � P'j Ar Ar If Stg en Burrell City Manager 2d May 1, 2006 Honorable Mayor and Members of the Regular Meeting of. Hermosa Beach City Council May 9, 2006 SUBJECT: UPDATE ON INTERIM URGENCY ORDINANCE TO PROHIBIT THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES Recommendation: Receive and file this report. Background Analysis On April 25, 2006 the City Council approved an interim urgency ordinance that established a 45 -day moratorium on the establishment of new medical marijuana dispensaries in the City of Hermosa Beach. This moratorium was intended to prevent a proliferation of these uses within the City, including locations proximate to residential areas and sensitive land uses. As discussed in the interim ordinance, traffic and parking violations, loitering and noise issues have been noted in the vicinity of these facilities. Following adoption of the interim ordinance, staff diligently began the process of researching and analyzing the operation of these facilities any potential compatibility issues with the surrounding land uses. Staff also began research on operational and development regulations that could minimize any potential impacts. Due to the complexity of the issue, staff anticipates that the research will not be complete before the expiration date of the moratorium on June 8, 2006. In conformance with Section 65858, this report is being prepared in anticipation of a request for extension of the interim ordinance. According to this section, the interim ordinance may be extended for an initial period of up to 10 month 15 days. Staff anticipates that a request will be coming forward at the May 23, 2006 City Council meeting to extend the interim urgency ordinance for this time period, or until the effective date of new regulations, whichever is sooner. t a! I1 al �� Stephen ' B :' e City M. ager Attachments 1. Urgency Ordinance No. 06 - P:/MedMJ • 1 2 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • ORDINANCE NO. 06-1265U AN INTERIM ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PURSUANT TO GOVERNMENT CODE SECTION 65858 PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES AND DECLARING THE URGENCY THEREOF. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Purpose and findings. Currently medical marijuana dispensaries are considered to be a permitted use of property in the commercial zones under the City's zoning ordinance. Medical marijuana dispensaries may be established in the City within close proximity to residentially zoned properties and sensitive uses such as residential property, schools and day care centers. Other cities with medical marijuana dispensaries have reported an increase in loitering around dispensaries, an incident of armed burglary within dispensaries, parking and traffic violations, and increased complaints from neighbors about increased pedestrian and vehicular traffic and noise. City staff believes that it is necessary to formulate regulations, consistent with State law, governing the location and operation of medical marijuana dispensaries in order to protect residents and businesses from harmful secondary effects of these establishments. Due to the recent proliferation of such establishments in cities throughout the region, and because such uses are permitted under the City's zoning regulations and further, because time will be required to prepare and adopt those regulations, this Ordinance is intended to place an interim moratorium on the establishment of any new medical marijuana dispensaries as of the date of adoption hereof, until new regulations are prepared and adopted by the City Council. SECTION 2. Moratorium established. A moratorium is hereby established on . the establishment of medical marijuana dispensaries in the City. Notwithstanding any provision of the Hermosa Beach Municipal Code to the contrary, no medical marijuana dispensary shall be established in the City, whether or not a permit of any kind is required from the City; further, no application for a permit of any kind (including a building permit) will be accepted, processed or considered during the pendency of this ordinance or any extension thereof for establishment of a 1 06-1265U 1 1 2 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • medical marijuana dispensary. This Ordinance and the moratorium established herein applies to any site, facility, location, use, cooperative or business that distributes, dispenses, stores, sells, exchanges, processes, delivers, gives away, or cultivates marijuana for medical purposes to qualified patients, health care providers, patients' primary caregivers, or physicians, pursuant to Health & Safety Code Section 11362.5 (adopted as Proposition 215, the "Compassionate Use Act of 1996") or any State regulations adopted in furtherance thereof. SECTION 3. Definitions. For purposes of this Ordinance, a "medical marijuana dispensary" means a facility where marijuana is made available for medical purposes in accordance with Health & Safety Code Section 11362:5. The word "marijuana" shall have the same meaning as the definition of that word in Health & Safety Code Section 11018. SECTION 4. Penalties. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment in County jail for not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. In addition to the foregoing, any violation of this. Ordinances hall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law. SECTION 5. Severability. If any part or provision of this Ordinance or the application to any person or circumstance is held invalid, the remainder of this Ordinance, including the application of such part of provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable. SECTION 6. Urgency. Based on the findings set forth in Section 1 hereof, the recent proliferation of medical marijuana dispensaries in the region and the secondary effects of those dispensaries pose a current and immediate threat to the public health, safety and welfare. This Ordinance is necessary to alleviate and address that threat until permanent zoning regulations can be established. This ordinance is adopted pursuant to California Government Code Section 65858 and shall take effect immediately upon adoption by a four-fifths vote of the City Council. This ordinance shall be in full force and effect for a period of forty-five (45) days from the date of its adoption unless extended by the City Council in accordance with the provisions of California 06-1265U 3 4 7 8 9 10 12 13 14 15 16 . 17 18 19 20 21 22 23 24 25 26 27 28 • Government Code Section 65858. SECTION 7. Conflicting Laws. For the term of this Ordinance, or any extension thereof, the provisions of this Ordinance shall govern over any conflicting provisions of any other City code, ordinance, resolution or policy. SECTION 8. This ordinance shall become effective upon adoption. SECTION 9. 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 25th of April 2006 by the following vote: AYES: Edgerton, Keegan, Reviczky, Mayor Tucker NOES: None ABSENT: None 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 3 06-1265U Honorable Mayor and Members of The Hermosa Beach City Council � d/49/D- April 31, 2006 Regular Meeting of May 9, 2006 PROJECT CIP No. 05-643 PIER CONCRETE DECK TREATMENT AWARD CONSTRUCTION CONTRACT Recommendation: It is recommended that the City Council: 1. Authorize the award of construction contract for the Pier Concrete Deck Treatment project to KC Industries, Inc. of the City of Thousand Oaks, in the amount of $87,300; 2. Authorize the Mayor to execute and the City Clerk to attest the Contract subject to approval of the City Attorney; and 3. Authorize the Director of Public Works to issue change orders as necessary within the approved budget. Background: On February 28, 2006, City Council authorized staff to advertise for bids in accordance with public contract requirements. The City Clerk received five bids by the closing date of April 13, 2006. The bids were publicly opened and read aloud. The results were as follows: Company Bid Amount 1. Southland Construction 2. KC Industries, Inc. 3. Howard Ridley Co. Inc. 4. Innovative Painting & Waterproofing, Inc. 5. AJC Sandblasting, Inc. The proposed work consists of the following upgrades: $ 115,000.00 $ 87,300.00 $ 142,295.00 $ 96,540.00 $ 105,500.00 • Remove all existing coatings by shot blasting • Perform various concrete and joint repairs • Apply Surtreat to protect the concrete and steel reinforcement from corrosion Analysis: Staff reviewed the low bidder's documents and found them to be in order. Reference calls were supportive of the contractor's work habits. The Department of Public Works, therefore, recommends award of this contract to KC Industries, Inc. in the amount of $87,300. The nature of this construction project will require the closure of the Hermosa Beach Pier for a period of fourteen (14) calendar days starting the week following Memorial Weekend. 2f Fiscal Impact: The apparent lowest bid price of $87,300 plus contingency of $21,825 bring the project total to $109,125, well under the budgeted amount of $125,000 in account 301-8643-4201. Since sufficient funds are available, no additional appropriation is needed. Respectfully submitted, 0,61—„a Dino D'Emilia Interim CIP Manager Noted For Fiscal Impact: Viki Copeland Finance Director 2 Concur: Richar. Morgan Director of Public Works/City Engineer F:1B95tPWFILES\CCITEMS105-643 award construction contract 5-9-06.doc May 3, 2006 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 9, 2006 RETAINER AGREEMENT WITH BIRD MARELLA TO REPRESENT THE CITY IN THE MACPHERSON OIL COMPANY LITIGATION Recommendation: That the City Council approve the attached retainer agreement with the law firm of Bird Marella and direct the City Manager to execute the agreement. Background: The City Attorney and I interviewed a number of law firms that were interested in representing the City in the next phase of this litigation. The firm of Bird Marella possesses the experience, expertise and skills necessary for the next phase of litigation in this matter. A copy of the retainer agreement is attached. Respectfully submitte Stephen R. Burre City Manager 2g BIRD • BIRD • MAREU.A a BOXER • WOLPERT • NESSIM • DRDOKS & LINOENBERG AFROFESSib4A1 WORPORAT ON Terry W. Bird twbObirdmarela.com 3873 Century Park Fast, 33rd Hoor thsArtgeles.CaTifornia 90067-2561 Te (31u)2012100 Facsimile (31D) 201-2110 wwwliirdMareOa am file No. 32O0.2 May 2 2006 PERSONAL & CO FD TL4L,. A.I"OR YCLIENTPRIVILEGE WA E-SLOLAND FED Steve Burrell City Manager City of iernnosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 Re: ilerntosa Beach Stop Oil Coalitions a ab v. City ofHennosa Beach, et aL, and related cross-ncdion, LASC Case No. BC172546. Dear Steve: We very much appreciate and look forward to the opportunity to represent the City of Hermosa Beach ("Cit) in its litigation with Windward Associates and Macpherson Oil Company. At Michael Jenkins'. request, 1 am sending our proposed retainer agreement for your consideration and approval. Please call me at your earliest convenience should you have any question about this agreement This letter Agreement sets forth the terms of our representation oftheCity of Hermosa Beach (the City") in the above -referenced action (the 'Litigation"). It also is intended to establish the terms of any work we are asked to do for the City in any matter related to the Litigation. A. Scope of Services. We will represent the City in the Litigation. We also will represent the City in any ongoing related matters, as requested. We will provide those legal services reasonably required to represent the City. We will keep the City informed of our progress and respond to the City's inquiries. While our services will include post -trial motions with SbaronBeJ Sbabar 7401S.Chau Mamas R.1reernan . 6ary5.11ncenberg Thomas17.Re hent Teay VJ.Bird Karns A.Lh1 8eniamin IL Gluck Vincent j fhareAa Ekwau E. Rbow OA E Saxer Jennifer L Troon 3.5cattiiacker jchn M.Iiccoy1A Ma IC. Rubiaer Eric E. Bronson MarkT.Dmaks jasanD.Eagan Ronald j_Nexstra Dorothy Wolpat David D. isstunt BIRD MARELLA ilitD M1AUMo BQXBt •=NIT, NESSD • DRUM 8 iIIICENBaG Steve Burrell - City Manager for City ofHerrnosa Beach May 2, 2006 Page 6 Personal & Confideniial received by us, however, will be credited against the attorneys' fees, costs and other charges incurred by the City. K. :Discharge And Withdrawal. The City may discharge this firm at any time. We may withdraw with the City's consent, for good cause or for any reason as permitted under Rule 3-700 ("Termination Of Employment") of the California Rules of Professional Conduct. Among the facts that would constitute good cause, but not necessarily the only ones, would be the City's breach of this Agreement, the City's refusal or inability to cooperate with this firm or to follow our advice on a material matter, the existence of any conflict, and any fact or circumstance that would render our continuing representation of the City unlawful, unethical or otherwise inappropriate. The City agrees to sign a substitution of counsel form and/or any other documents reasonably necessary to effectuate or complete any discharge ofthis -rm by the City or any withdrawal by us from this representation. If any statement for attorneys' fees, costs and other charges is not paid within thirty (30) days of the date of the statement, the City does not pay any retainer within ten (10) days of our demand, or once the Litigation date is set the City does not pay any sums then owing to us and estimated attorneys' fees, charges and other costs for preparing for and completing the Litigation within ten (10) days of our demand, we reserve the right to withdraw from representing the City. The City agrees to consent to, and not oppose, such withdrawal, and to sign a substitution of counsel form and/or any other document reasonably necessary to effectuate this firm's withdrawal. L. Governing Law/Forum. This Agreement and all questions relating to its validity, interpretation, performance and enforcement shall be governed and construed in accordance with the laws of the State of California. Any litigation between the parties arising out of or relating to the terms of this Agreement shall be commenced only in any court having jurisdiction thereon in the County of Los Angeles, California. The City consents to the jurisdiction of such court in the County off os Angeles to hear The litigation and consents and agrees that such court shall have personal j BIR: MARELLA • $fRD 3EAka1A * Bcxr + WOL. Sflr• t3ESSIM (MOUS & =EOM ThER5 Steve Burrell City Manager for City of l-iermosa Beach May2,2006 Page 5 Personal &c CConftdenlial 11. Attorneys' Lien. The City hereby grants us a contractual lien pursuant to California Civil Code Section 2881 on any and all clainhs or causes of action, and all proceeds thereof, that are the subject of our representation of the City under this Agreement. This attorneys' lien will be for any sums due and owing to us for attorneys' fees, costs and other charges at the conclusion of our services. The lien will attach to any recovery the City may obtain, whether by judgment, settlement, Litigation, mediation or otherwise. if requested by us, the City agrees to execute a financing statement (UCC -1) in connection with the lien granted to us hereby. I. Release, Retention and Disposition of Documents and Property. At the conclusion of the City's matter, we will release the City's papers and property to the City, subject to any protective order or any non -disclosure agreement. Any funds that exceed the amount of attorneys' fees, costs and other charges due us will also be returned. lithe City has not sought or agreed to accept the return of the City's papers and property within one year of the conclusion of the City's matter, we will store the City's papers and property for five years from the conclusion of the City's matter, during which time we shall bill the City semi-annually for storage -related costs and payment shall be due upon receipt of the bill. The City authorizes us, and we shall have the right, to destroy any of the City's papers and property remaining in our possession if the City does not pay 'this bill within thirty days of the date of the statement If the City has not taken possession of the City's papers and property within five years after the conclusion ofthe City's matter, the City authorizes us, and we shall have the right, to destroy any of the City's papers and property remaining in our possession. if the City desires to have us retain the City's papers and properly beyond five years after the conclusion of the City's matter, we roust enter into a separate written arrangement for the retention of such papers and property. J. Attornevs' Fees and Costs Paid Pursuant To Court Order Or Settlement Any order entered awarding payment of attorneys' fees and/or costs to the City, or any settlement between the parties to the Litigation awarding the City attorneys' fees armor costs, does not affect the City's obligation to pay this firm's attorneys' fees, costs and other charges under the terms of this Agreement Any such amounts actually BIRD BIRD • iIRMA • BOXER 411OLPERT • NESSIM ' 01 0013 & UNCFNBFR6 Steve Burrell City Manager for City of H-Iermosa Beach May 2, 2006 Page 4 Personal & Confidential 2. Experts, Consultants and Investigators. To aid in the preparation of this matter, it may become necessary to hire expert witnesses, consultants or investigators. We will not hire such persons unless the City agrees to pay their fees and charges. We will select any expert witnesses,consultants or investigators to be hired in consultation with the City. 3. Costs Reimbursement At the conclusion of the Litigation we will seek recovery of all fees andlo r costs which the City may be due under the applicable lease agement or which are otherwise available. F. Related Activities. If we are requested or required, either orally or in writing, to testify as a result of our representation of the City under this Agreement or to defend in any proceeding the confidentiality of the City's communications with us, the City agrees to pay us at our current hourly rates for the time spent by us in such activities and for any costs incurred by us, even if our representation of the City has ended. C. Billing Statements. We will send the City monthly statements for attorneys' fees, costs and other charges incurred on the City's behalf. Our billing statements will itemize our work. Payment will be due upon the City's receipt of the statement. The City may, in any event, request a statement. If the City does, we will provide one within ten (10) days following the City's request unless we have provided a statement to the- City within 30 days prior to the City's request, in which ease we will provide a statement to the City no later than 30 days following the date the most recent statement was provided to the City. The City may make similar requests for statements at intervals ofno less than 30 days following the City's initial request for a statement. if the City does, we will provide one within ten (10) days. If any of our statements is not paid within thirty (30) days of the date of the statement, we reserve the right to withdraw from representing the City in connection with this matter. Upon termination of our representation of the City in connection with this matter, for whatever reason, the City shall pay all outstanding statements for attorneys' fees, costs and other charges within thirty (30) days of the date of our final statement, BIR MA:ELLA• $1&9 w iAAl iiil*SUER , WOU UT' NESSIM .1400115 & IiH B &G Steve Burrell City Manager for City of Hermosa Beach May 2, 2006 Page 3 Personal & Confidential the time expended. Likewise, if more than one of our legal personnel attends a sleeting, court hearing or other proceeding, each will charge for the time spent. The City acknowledges that we have made no promises about the total amount of attorneys' fees to be incurred by the City under this Agreement. Once the trial date is set, we may at our election require the City to pay all sums then owing to us and to deposit with us the attorneys' fees, costs or other charges we estimate will be incurred in preparing for and completing the Litigation. The City agrees to pay all sums then owing to us and estimated attorneys' fees, costs and other charges within ten (10) days ofour demand. Any unused attorneys' fees, costs or other charges will be returned to the City at the conclusion ofour services. D. Retainer. As a courtesy, we will not request thatthe City provide us with a retainer at this tarn E. Costs and Other Char es. 1. In General. We will incur various costs and other charges in performing legal services under this Agreement ' We will take all reasonable steps to minimize our fees and costs consistent with the City's directions and our obligations as the City's counsel. The City agrees to pay for those costs and other charges in addition to the hourly fees. The costs and other charges commonly include process servers' fees, court reporters' fees, jury fees, witness fees, long distance telephone calls, overnight mail, messenger and other delivery fees, excess postage, charges for computer research, investigation expenses, parking, travel expenses (excluding mileage), including transportation, meals, lodging and all other costs of any out-of-town travel, photocopying and other reproduction costs, clerical staff overtime, and other similar items. Our present charge for photocopying is 144 per page. We will work with the City whenever reasonably possible to use its facilities to copy large volumes of documents. Clerical staff overtime will be charged at 1.5 times the base hourly rate or at the rates required by applicable law, whichever is greater_ While we .may advance costs and other charges and Then bili them to the City, we may, at our election, require the City to advance payment of such costs and other charges anchor to pay such costs and other charges directly. BIRD MAREUA • $IRD• EMU. M•WOUVRT•ESSIM•Man 8IIN Steve Burrell City Manager for City of flemmsa Beach May 2, 2006 Page 2 Personal & Confidential the court, if any, they will not include a retrial oft the City's matter or appeals of any judgment that may be obtained by oragainst the City, unless we otherwise agree in wrung. B. Client's Duties. To enable us effectively to represent the City, the City agrees to be truthful, to cooperate with us, to keep us informed of all developments, to abide by This Agreement, to pay our statements for services on time as set forth in This Agreement, to be reasonably available to attend meetings or court appearances, and to keep us advised of any change in address or telephone numbers. C. Attorneys' Fees. The City agrees to pay for all attorneys' fees, costs and other charges incurred in connection with the services we perform under This Agreement For my services, the current rate per hour on this matter will be $390. The rates for other partners range from $3501 to $390 per hour. For the services of associates and other attorneys, the current rates will be $195 to $350 per hour, depending on each attorney's experience. To the extent we use paralegals, the current rates will be $115 per hour. We charge for our time in minimal units of a tenth (0.1) of any hour. These rates will remain in effect until March 2007; however, we reserve the right to change them after that. We will provide the City with written notice of any change in our rates. Payment of attorneys' fees, costs and other charges incurred by the City are due upon receipt of each monthly statement The rates agreed upon here represent significant reductions in our normal rates. They are offered as an accommodation to the City. The services for which we will charge the City will include all services reasonably required to represent the City in the Litigation andlor related matters, including but not limited to, telephone calls and office conferences relating to the matter, including calls and conferences with The City, other counsel, witnesses and others, legal research, responding to the City's requests for us to provide information to auditors in connection with reviews or audits of financial statements, drafting of documents, travel time to court hearings, trial, depositions or meetings, waiting time in court or elsewhere, and time spent in out-of-town travel. The legal personnel assigned to the City's matter may confer among themselves about the matter. When they do confer, each person will charge for BIRD MARELLA • Skim • MARE==• SUR • WOLFERf• NESSIM+MOUS s UNWENBFZ Steve Burrell City Alanager for City of Hermosa Beach May2,2006 Page 7 Personal & Confidential process to establish personal jurisdiction over the City for the purpose of any litigation between the parties. M Disclaimer of Guarantee. Nothing in this Agreement and nothing in our statements to the City shall be construed as apromise or guarantee about the outcome of this matter. We make no such promises or guarantees. N. Efeetive late. This Agreement will be effective as of the date we first performed services for the City in connection with the above-described matter. Please sign the original of this Agreement and return it to me, Enclosed is a copy of the Agreement for the City. We understand that you roust obtain approval of this Agreement from the City Council. Your signature on this Agreement will represent binding authority from the City for us to prod with our work pending final authority of the City Council. I thank you for giving us the opportunity to represent the City. We look forward to working with your entire team to bring an early and successful resolution to all the outstanding issues. Please feel free to call me if you have any questions or comments about this Agreement or about our engagement. Sincerely, -'',),ti1St' i/P5Cp Terry W. Bird Encloses ichael Jenkens, Esq. — Via E-mail M BIRD MAL • WC • MAREUA • DOUR • WO TER • ?ISSN *MOMS $ UiNCENBERG Steve Burrell City Manager for City of.Hermosa Bash MMIay 2, 2006 Page 8 Personal & Confklential I have read and understand the foregoing terms and agree to them, as of the date Bird, Marelia, Boxer, Wolpert, Nessim, Drooks & Lincenberg first performed services in miction with the above-described matter. By signing this Agreement,1 acknowledge receipt of a :fully executed duplicate of this Agreement. Dated: May _., 2006 CITY OF OSA BEACH By Steve Buell City Manager May 3, 2006 Honorable Mayor and Members of the Hermosa Beach City Council 5/20( - Regular Meeting of May 9, 2006 USE OF LOT "B" PARKING LOT ON SUNDAY, MAY 21, 2006 FROM 5:00PM TO 8:00PM IN CONJUNCTION WITH A FUNDRAISING EVENT AT GALLERY C Recommendation: That the City Council approve the use of the parking lot from 5:00pm to 8:00pm with the payment of the fee of $200. Background: Gallery C is the site of a fundraising event for the El Nido Family Centers. The event at Gallery C is being staged by Learn About Wine. They are expecting about 250 people and would like to use Lot B as a valet parking area. Based on the house that they would like to use the lot, they will be charged a fee of $200 if approved by the City Council. As an aside, this is expected to be the last event until after Labor Day. The area becomes too busy between Memorial Day and Labor Day. Respectfully submitted, Stephen R. Burrell City Manager 2h RECEIVED APR — 3 2006 Per L earnAb outWine The Source for Wine Education and Events LearnAboutWine The Source for Wine Education and Events 2118 Wilshire Blvd #462 Santa Monica, CA 90403 Mr. Steve Burrell City Manager 1315 Valley Drive Hermosa Beach, CA 90259 March 29, 2006 Mr. Burrell, Thank you so much for your generous offer to help steward our letter of request to the City Council. The giant wheels of progress are in motion and we are pleased to be working with El Nido Family Centers for this Benefit Wine Tasting to be held in your fair city at Gallery C. We are incredibly excited to be coming into the South Bay with a signature LeamAboutWine event. We find many of your citizens heading up to Los Angeles to taste with us and we would love to produce something memorable for them in their own backyard. Hopefully this will be one of many events we can craft in Hermosa. Attached is the letter for the City Council's consideration. Of course if there are questions or concerns please contact me or Staci Miller directly, we will be happy to clarify. Thank you again in advance, Ian Blackburn Founder LearnAboutWine LearnAboutWine The Source for Wine Education and Events 2118 Wilshire Blvd #462 Santa Monica, CA 90403 City Council of Hermosa 1315 Valley Drive Hermosa Beach, CA 90259 April 10, 2006 To the Honorable City Council of Hermosa Beach, I, Ian Blackburn, am writing on behalf of my company, Learn About Wine, in request of consideration of your waiving any city fees for the use of the parking lot behind Gallery "C" at 1225 Hermosa Avenue. My company is in the process of coordinating a fundraising charity event on Sunday May 21st, 2006 to benefit El Nido Family Centers. This worthy charity has been in service since 1925 and has been adapting to serve the needs of the underprivileged — particularly coming to the aid of young families and children throughout Southern California. LearnAboutWine hopes to include 250 guests in our fundraiser — raising awareness of the worthy causes that El Nido champions as well as introduce them to the cultural happenings in Downtown Hermosa. The use of this parking lot and our provision of Valet Parking will aid in the success of the event and lessen any impact on Sunday visitors to Hermosa. I thank you in advance for your consideration. Ian Blackburn Founder LearnAboutWine r HONORABLE MAYOR and MEMBERS of the HERMOSA BEACH CITY COUNCIL 1,A6 May 2, 2006 Regular Meeting of May 9, 2006 SUBJECT: FINAL MAP NO. 60971 (C.U.P. CON NO. 04-4, PDP NO. 04-5) LOCATION: 234 1ST COURT AND 233 LYNDON STREET APPLICANT(S): WILLIAM BREWSTER REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL MAP FOR A TWO- UNTT CONDOMINIUM PROJECT Recommendation Staff recommends approval of Final Parcel Map No. 60971 which is consistent with the approved Vesting Tentative Parcel Map, and recommends the City Clerk be directed to endorse the certificate for said map. Background The Planning Commission approved a Conditional Use Permit for a two -unit condominium project and Vesting Tentative Parcel Map No.60971 at their March 16, 2004 meeting. The approval of the map was extended for an additional year to March 2007 by the Planning Commission. The project has been completed and is ready for occupancy. Process Once a map has been tentatively approved by the Planning Commission, copies of the tentatively approved map must be submitted to the L.A. County Engineer, who is contracted by the City, to review the map for its technical correctness (pursuant to Section 66442(a)(4)of the Subdivision Map Act). An applicant has two years from the date of tentative map approval to submit for final map approval unless a time extension is approved. In this case the map was extended an additional year to March, 2007. Typically applicants have not submitted for final map approval until projects are near completion and ready to be sold. Final maps must be submitted to the City Council and must be approved by the City Council, "...if it conforms to all the requirements of [Subdivision Map Act] and any local subdivision 2j ordinance applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder...." pursuant to Section 66458(a) of the Subdivision Map Act. Analysis The staff has reviewed the Final Map and found it substantially consistent with the Vesting Tentative Parcel Map approved by the Planning Commission and in conformance with the State Subdivision Map Act. CONCUR: Sol Blumen eld, Director Comm Development Department Stephen City Mi. ager y/f:fm234 1st Ct 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 60971, FOR THE SUBDIVISION OF A TWO -UNIT CONDOMINIUM, LOCATED AT 234 1ST COURT AND 233 LYNDON STREET IN THE CITY OF HERMOSA BEACH, CALIFORNIA WHEREAS, on March 16, 2004, the Planning Commission of the City of Hermosa Beach conducted a duly noticed public hearing to consider the application of William Brewster (the "Applicant" hereinafter) for approval of Tentative Parcel Map No.60971 and, upon conclusion of said public hearing on March 16, 2004 the Planning Commission adopted its Resolution No. 04-12 approving Tentative Parcel Map No. 60971. WHEREAS, on April 18, 2006, the Applicant filed an application for approval of Final Parcel Map No. 60971 (the "Application" hereinafter), as described in the title of this Resolution. WHEREAS, pursuant to Municipal Code Section 16.08.040, the City Engineer has reviewed Final Parcel Map No. 60971 and determined that the map- is technically correct, conforms to the approved Tentative Parcel Map and is in compliance with applicable provisions of Title 16 of the Municipal Code and of the Subdivision Map Act. WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby specifically finds that all of the facts set forth in this Resolution are true and correct. SECTION 2. Pursuant to Section 16.08.040 of the Hermosa Beach Municipal Code, the City Council finds the Final Parcel Map to be in substantial conformance with the Tentative Parcel Map, with Title 7, Division 2, Chapter 3 of the California Government Code and with the applicable provisions of Title 16 of the Municipal Code. Based on the foregoing finding, the Council hereby approves Final Parcel Map No. 60971 as presented. The Council further authorizes and directs the Mayor and the City Clerk to execute the Subdivision Agreement for 1 f;b95kd\fm234 1st Court rs 2 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 installation of public improvements required by Tentative Parcel Map No. 60971 and not yet completed as of the date hereof. SECTION 3. The City Clerk is hereby directed to: a. Certify to the adoption of this Resolution; and b. Transmit a certified copy of this Resolution to the Applicant. PASSED, APPROVED and ADOPTED this 9th day of May 2006. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 2 f;b95\cd\fm234 1st Court rs HONORABLE MAYOR and MEMBERS of the HERMOSA BEACH CITY COUNCIL May 2, 2006 Regular Meeting of May 9, 2006 SUBJECT: FINAL MAP NO. 60398 (C.U.P. CON NO. 04-2, PDP NO. 04-2) LOCATION: 710 2ND STREET APPLICANT(S): JAMES BRENNAN REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL MAP FOR A TWO - UNIT CONDOMINIUM PROJECT Recommendation Staff recommends approval of Final Parcel Map No. 60398 which is consistent with the approved Vesting Tentative Parcel Map, and recommends the City Clerk be directed to endorse the certificate for said map. Background The Planning Commission approved a Conditional Use Permit for a two -unit condominium project and Vesting Tentative Parcel Map No.60398 at their February 17, 2004 meeting. The project required a General Plan Amendment and Zone Change from Commercial Corridor and SPA 7 to Medium Density Residential and R-2, which was approved by the City Council effective May 26, 2004. The project is currently under construction. Process Once a map has been tentatively approved by the Planning Commission, copies of the tentatively approved map must be submitted to the L.A. County Engineer, who is contracted by the City, to review the map for its technical correctness (pursuant to Section 66442(a)(4)of the Subdivision Map Act). An applicant has two years from the effective date of approval of the tentative map to submit for final map approval. In this case the effective date of approval was May 26, 2004. Typically applicants have not submitted for final map approval until projects are near completion and ready to be sold. Final maps must be submitted to the City Council and must be approved by the City Council, "...if it conforms to all the requirements of [Subdivision Map Act] and any local subdivision 2i • • ordinance applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder...." pursuant to Section 66458(a) of the Subdivision Map Act. Analysis The staff has reviewed the Final Map and found it substantially consistent with the Vesting Tentative Parcel Map approved by the Planning Commission and in conformance with the State Subdivision Map Act. CONCUR: So : lumenf; ld, Community is evelopment Department 'rector Stephen City M ager Respectfully submitt - -/1-- en R • s erts n Senior Planner y/f:fm710.2nd 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 60398, FOR THE SUBDIVISION OF A TWO -UNIT CONDOMINIUM, LOCATED AT 710 2ND STREET IN THE CITY OF HERMOSA BEACH, CALIFORNIA WHEREAS, on February 17, 2004, the Planning Commission of the City of Hermosa Beach conducted a duly noticed public hearing to consider the application of James Brennan (the "Applicant" hereinafter) for approval of Tentative Parcel Map No.60398 and, upon conclusion of said public hearing on February 17, 2004 the Planning Commission adopted its Resolution No. 04- 7 approving Tentative Parcel Map No. 60398. WHEREAS, on April 25, 2006, the Applicant filed an application for approval of Final Parcel Map No. 60398 (the "Application" hereinafter), as described in the title of this Resolution. WHEREAS, pursuant to Municipal Code Section 16.08.040, the City Engineer has reviewed Final Parcel Map No. 60398 and determined that the map is technically correct, conforms to the approved Tentative Parcel Map and is in compliance with applicable provisions of Title 16 of the Municipal Code and of the Subdivision Map Act. WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby specifically finds that all of the facts set forth in this Resolution are true and correct. SECTION 2. Pursuant to Section 16.08.040 of the Hermosa Beach Municipal Code, the City Council finds the Final Parcel Map to be in substantial conformance with the Tentative Parcel Map, with Title 7, Division 2, Chapter 3 of the California Government Code and with the applicable provisions of Title 16 of the Municipal Code. Based on the foregoing finding, the Council hereby approves Final Parcel Map No. 60398 as presented. The Council further authorizes and directs the Mayor and the City Clerk to execute the Subdivision Agreement for 1 f;b95\cd\fm710-2ndrs installation of public improvements required by Tentative Parcel Map No. 60398 and not yet completed as of the date hereof. SECTION 3. The City Clerk is hereby directed to: a. Certify to the adoption of this Resolution; and b. Transmit a certified copy of this Resolution to the Applicant. PASSED, APPROVED and ADOPTED this 9th day of May 2006. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 2 f;b95\cd\fm7I O-2ndrs 6;at,77/4„#6 6-6y6_3 HONORABLE MAYOR and MEMBERS of the HERMOSA BEACH CITY COUNCIL May 2, 2006 Regular Meeting of May 9, 2006 SUBJECT: FINAL MAP NO. 62441 (C.U.P. CON NO. 05-8, PDP NO. 05-9) LOCATION: 1427 MONTEREY BOULEVARD AND 1426 BAYVIEW DRIVE APPLICANT(S): WILLIAM FEBBO REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL MAP FOR A TWO - UNIT CONDOMINIUM PROJECT Recommendation Staff recommends approval of Final Parcel Map No. 62441 which is consistent with the approved Vesting Tentative Parcel Map, and recommends the City Clerk be directed to endorse . the certificate for said map. Background The Planning Commission approved. a Conditional Use Permit for a two unit condominium project and Vesting Tentative Parcel Map No.62441 at their March 15, 2005 meeting. The project is currently under construction. Process Once a map has been tentatively approved by the Planning Commission, copies of the tentatively approved map must be submitted to the L.A. County Engineer, who is contracted by the City, to review the map for its technical correctness (pursuant to Section 66442(a)(4)of the Subdivision Map Act). An applicant has two years from the date of tentative map approval to submit for final map approval. Typically applicants have not submitted for final map approval until projects are near completion and ready to be sold. Final maps must be submitted to the City Council and must be approved by the City Council, "...if it conforms to all the requirements of [Subdivision Map Act] and any local subdivision ordinance applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder...." pursuant to Section 66458(a) of the Subdivision Map Act. 2k Analysis The staff has reviewed the Final Map and found it substantially consistent with the Vesting Tentative Parcel Map approved by the Planning Commission and in conformance with the State Subdivision Map Act. CONCUR: Sol Blumenf Community irector evelopment Department Stephe :: B City Manager Respectfully sub'tte // Senior Planner y/f:fm1427 Monterey •.. 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA • BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 62441, FOR THE SUBDIVISION OF A TWO -UNIT CONDOMINIUM, LOCATED AT 1427 MONTEREY BOULEVARD AND 1426 BAYVIEW DRIVE IN THE CITY OF HERMOSA BEACH, CALIFORNIA WHEREAS, on March 15, 2005, the Planning Commission of the City of Hermosa Beach conducted a duly noticed public hearing to consider the application of William Febbo (the "Applicant" hereinafter) for approval of Tentative Parcel Map No.62441 and, upon conclusion of said public hearing on March 15, 2005 the Planning Commission adopted its Resolution No. 05-18 approving Tentative Parcel Map No. 62441. WHEREAS, on April 13,-2006, the Applicant filed an application for approval of Final Parcel Map No. 62441 (the "Application" hereinafter), as described in the title of this Resolution. WHEREAS, pursuant to Municipal Code Section 16.08.040, the City Engineer has reviewed Final Parcel Map No. 62441 and determined that the map is technically correct, conforms to the approved Tentative Parcel Map and is in compliance with applicable provisions of Title 16 of the Municipal Code and of the Subdivision Map Act. WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby specifically finds that all of the facts set forth in this Resolution are true and correct. SECTION 2. Pursuant to Section 16.08.040 of the Hermosa Beach Municipal Code, the City Council finds the Final Parcel Map to be in substantial conformance with the Tentative Parcel Map, with Title 7, Division 2, Chapter 3 of the California Government Code and with the applicable provisions of Title 16 of the Municipal Code. Based on the foregoing finding, the Council hereby approves Final Parcel Map No. 62441 as presented. The Council further authorizes and directs the Mayor and the City Clerk to execute the Subdivision Agreement for 1 f;b95\cd\fin1427montereyrs 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • installation of public improvements required by Tentative Parcel Map No. 62441 and not yet completed as of the date hereof. SECTION 3. The City Clerk is hereby directed to: a. Certify to the adoption of this Resolution; and b. Transmit a certified copy of this Resolution to the Applicant. PASSED, APPROVED and ADOPTED this 9th day of May 2006. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk City Attorney f;b951cd\frn1427Montereyrs May 3, 2006 • aia-,2-t-e--0-)L-- For City Council Meeting of May 13, 2006 Approval of Revised Classification Specifications for Firefighter and Firefighter/Paramedic Recommendation Staff recommends approval of the class specifications for Firefighter and Firefighter/Paramedic. Background The classification specifications for Firefighter and Firefighter/Paramedic were last updated in 1990. Prior to conducting a recruitment and examination process to fill the two current vacancies the class specification has been reviewed and the following changes are proposed. Analysis The specification for Firefighter/Paramedic includes only minor changes. First, the language is clarified regarding the work schedule. All incumbents in this classification are required to work shifts that include weekends and holidays. Language was also added to require an applicant to have completed Firefighter 1 training from a state approved fire academy. For some time, the City has not hired firefighters or firefighter/paramedics that had not graduated from a fire academy. As there has historically been great competition for employment in the fire services, most, if not all, candidates have completed such training. The duties of Firefighters and Firefighter/Paramedics in the Hermosa Beach Fire Department require this level of prior training in order for them to be successful. New employees also undergo an extensive structured training and evaluation program during their probationary period. The classification specification for Firefighter includes the same changes as in the Firefighter/Paramedic specification with regard to the work schedule and education requirement. A significant change to the requirements is to make successful completion of a paramedic training program within 18 months of appointment as a condition of continued employment. Approximately eight to ten years ago the Fire Department determined that it would best be served if all Firefighters were also certified as Paramedics and has hired only at the Paramedic level since that time. The Fire Department would like to have the ability to hire at the Firefighter level and train them to become a paramedic. The establishment of this requirement in the Firefighter classification would allow some flexibility in the level of the position filled while maintaining the ultimate goal of having the Department staffed with a sufficient number of paramedics. There are currently two Firefighter/Paramedic vacancies in the Department. It is. anticipated that upon approval by the Civil Service Board and subsequently the City Council, staff will conduct a recruitment and examination process and establish an eligibility list from which to fill the current vacancies. As there are currently an adequate number of qualified candidates in the City's existing Fire Reserve Program. The process will be conducted as a promotional exam and available to current Fire Reserves. These specifications were reviewed and approved by the Civil Service Board at their meeting of May 3, 2006. Respectfully submitted: AC,/ Michael Earl Personnel & Risk Management Director ur: AY,1 St • hen Burrell City Manager • CITY OF HERMOSA BEACH Class Specification FIREFIGHTER DEFINITION Under general supervision, to fight fires and perform rescue work in responding to fire alarms and other emergency calls from the protection of lives and property; to participate in fire company inspections and other fire prevention activities, station maintenance and training activities; and to do related work as.required. EXAMPLES OF DUTIES Responds to alarms with the fire company, connects and lays hose lines and enters burning buildings with these lines, assists in operating nozzles and directing a stream of water onto the fire; carries and operates various types of fire extinguishers; carries, raises, lowers, sets up and climbs ladders; makes forcible entry into buildings when necessary; ventilates buildings to drive out smoke and gases; performs salvage and overhauling operations; mops, sweeps, and cleans after fires to prevent water damage; washes, polishes and services fire apparatus; inspects and tests equipment carried on pumpers; assists in maintaining fire apparatus and equipment; assists in the maintenance of clean and orderly conditions in and about the fire station; administers first aid; tests, washes and hangs hose; checks hydrants; may assist in repairing fire hydrants, hose couplings and other minor equipment; stands regular floor watch detail and assists callers; studies City lay -out and water systems; participates in inspections of residential and commercial buildings for fire prevention and pre -fire planning purposes; participates in continuing training and instruction program by attendance at scheduled drills and classes and individual study of technical material; may relieve Fire Engineer in the operation of various fire equipment/apparatus as assigned. May -be Rrequired.to work shifts, weekends, and/or holidays. QUALIFICATION GUIDELINES Knowledge, Skills & Abilities: Knowledge of modern fire fighting prevention and suppression methods; technical fire fighting techniques; principles of hydraulics applied to fire suppression; use and maintenance of fire fighting equipment and apparatus; first aid. Ability to operate fire fighting equipment and apparatus safely and effectively; learn department rules and regulations; read and understand technical firefighting material and rules and regulations concerned with fire fighting; understand and follow oral and written direction promptly and accurately; deal courteously and effectively with the general public; establish and maintain cooperative relationships with those contacted in the course of work; willingness to work at night and to report for duty in any emergency. Ability to work under strict discipline; analyze situations and adopt an effective course of • • action, giving due regard to surrounding hazards and circumstances; demonstrate physical endurance and agility; work under adverse and dangerous conditions ; meet medical (height, weight and physical) standards. Ability to successfully complete a California State approved paramedic program and obtain a license as a paramedic with the State of California that meets Los Angeles County Department of Health Services requirements within eighteen (18) months of employment. Education and Experience: Educational achievement equivalent to graduation from high school and completion of Firefighter I training and certification from a California State Fire Marshall approved fire academy. Licenses/Certificates: Possession of a current Emergency Medical Technician (EMT) I- A and CPR Card (Health Care Provider). Possession of a valid Class C California Driver's License with a safe driving record is required and must be maintained as valid during the course of employment and a current California Ambulance Driver's License. Must qualify for and obtain a Class B California Driver's License within twelve (12) months of appointment and maintain license during course of employment. Possession of current certification with Los Angeles County as a Paramedic obtained within eighteen (18) months of employment is required. Special Condition: An applicant who was not a sworn fire employee of the City of Hermosa Beach prior to January 1, 1986, shall be disqualified from further employment consideration if said applicant has smoked tobacco within one year immediately preceding the date of the applicant's selection interview with the Director of Public Safety. Upon appointment, a new employee (after July 1, 1986) shall sign a statement affirming that, as a condition of continued employment, he/she will refrain from smoking tobacco. Approved by the Civil Service Board: 09 17 90 Approved by the City Council: 09 25 90 CITY OF HERMOSA BEACH Class Specification FIREFIGHTER/PARAMEDIC DEFINITION Under general supervision, to fight fires and perform rescue work and serve as paramedic in responding to fire alarms and other emergency calls for the protection of lives and property; to participate in fire company inspections and prevention, station maintenance, training and paramedic recertification activities; and to do related work as required. EXAMPLES OF DUTIES Responds to fire alarms with the fire company and serves as paramedic in operating advanced equipment for rescue and life saving activities, connects and lays hose lines and enters burning buildings with these lines; assists in operating nozzles and directing a stream of water onto the fire; carries and operates various types of fire extinguishers; raise, lowers and climbs ladders; makes forcible entry into buildings when necessary; ventilates buildings to drive out smoke and gases; performs salvage and overhauling operations; may drive or operate a piece of auxiliary equipment; inspects and tests equipment carried on pumpers; cleans and services firefighting equipment; assists in the maintenance of clean and orderly conditions in and about the fire station; participates in inspections of residential and commercial buildings for fire prevention and pre -fire planning purposes; attends and participates in special drills and other training and recertification activities; relieves Fire Engineer in the operation of various fire equipment/apparatus as assigned. May be Rrequired to work shifts, weekends, and/or holidays. QUALIFICATION GUIDELINES Knowledge, Skills & Abilities: Ability to renew paramedic certification as required by Los Angeles County and Department Rules; read and understand technical firefighting material and rules and regulations concerned with firefighting; understand and follow oral and written directions promptly and accurately; deal courteously and effectively with the general public; establish and maintain cooperative relationships with those contacted in the course of work; willingness to work at night and to report for duty in any emergency. Willingness to work under strict discipline. Ability to analyze situations and adopt an effective course of action, giving due regard to surrounding hazards and circumstances; demonstrate physical endurance and agility; work under adverse and dangerous conditions; meet medical (height, weight and physical) standards. Education and Experience: Educational achievement equivalent to graduation from high school and completion of Firefighter I training and certification from a California State Fire Marshall approved fire academy. Must have one (1) year experience with a paramedic provider agency .at time of application. Licenses/Certificates: Possession of a valid Class C California Driver's License with a safe driving record is required and must be maintained as valid during the course of employment. Must qualify for and obtain a Class B California Driver's License within twelve (12) months of appointment and maintain license during course of employment. Possession of current certification with Los Angeles County as a Paramedic is required. Special Condition: An applicant who was not a sworn fire employee of the City of Hermosa Beach prior to January 1, 1986, shall be disqualified from further employment consideration if said applicant has smoked tobacco within one year immediately preceding the date of the applicant's selection interview with the Director of Public Safety. Upon appointment, a new employee (after July 1, 1986) shall sign a statement affirming that, as a condition of continued employment, he/she will refrain from smoking tobacco. Approved by the Civil Service Board: 09 17 90 Approved by the City Council: 09 25 90 May 2, 2006 Honorable Mayor and. Members of Regular Meeting of The Hermosa Beach City Council May 9, 2006 HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2006-2007 ADOPTION OF RESOLUTIONS REGARDING THE ENGINEER'S REPORT AND SETTING JUNE 13, 2006, FOR A PUBLIC HEARING Recommendation: It is recommended that the City Council: 1. Adopt the attached Resolution 'approving the Engineer's Report for Hermosa Beach Landscaping & Street Lighting District 2006-2007 ("District") made pursuant to the requirements of Resolution No. 06-6457; and 2. Adopt the attached Resolution declaring the City Council's intention to order certain improvements and to levy and collect assessments within the District for the fiscal year beginning July 1, 2006 through June 30, 2007; and setting June 13, 2006, to accept public input on the matter of the proposed assessment. Discussion: The Landscaping and Street Lighting District assesses all property owners in the City in order to provide funding for the maintenance and operation of the citywide street lighting program and landscaping within the street medians and parkways. The City Council must' confirm the annual assessment each year to be placed on the tax roles to be collected by the County Tax Assessor. This year's assessment amount is set at $41.45 per dwelling unit, which has not increased since 1996. With the passage of Proposition 218 in 1996, this amount cannot be increased without the approval of the affected property owners through a ballot procedure under the majority protest rule. This means that the proposed assessment would be defeated if more than 50% of the ballots received are opposed to the increase. Adoption of both Resolutions is necessary at this time so that a public hearing can be held to take testimony on the assessments. The first Resolution approves the report prepared by the Director of Public Works acting as the Assessment Engineer. Its adoption confirms that the report has been prepared prior to the public hearing. This report covers matters relating to the District and is on file in the City Clerk's office. 2m The adoption of the second Resolution provides for the setting of a public hearing for June 13, 2006, at 7:30 PM. At the conclusion of the public hearing, the City Council will be provided with a Resolution it may adopt ordering the assessments. As noted previously, all decisions will be made after the public hearing and adoption of these Resolutions will only confirm that the report has been prepared and that the public hearing will be held on June 13, 2006. When the District was originally formed in FY 89/90 the assessment amount was set at $16.84 per dwelling unit. In FY 95/96 the assessment amount was increased to $54.82 with the exception of senior citizens, for whom the $16.84 amount (through a rebate program) was maintained. Due to a surplus of funds, the assessment amount was reduced to the present amount of $41.45 in FY 97/98. This surplus of District funds was able to cover the increasing costs of services up until FY 03/04. The FY 04/05 budget had a projected deficit of $141,738, which was funded by a transfer from the General Fund. Only $52,622 of the transfer was actually used, leaving $89,116 available from the transfer for use in the District for FY 05-06. A District Fund balance of $117.00 is anticipated for FY 05-06. This balance will be used for FY 06-07. Staff projects a budget deficit of $166,801. The FY 06-07 budget deficit could be funded through a Supplemental Street Lighting and Landscaping District if approved by ballot process. Fiscal Impact: On March 8, 2005, the City Council approved a Professional Services Agreement with Harris & Associates to provide assessment -engineering services to amend the District by creating a supplemental Landscaping and Street Lighting Maintenance Assessment District for FY 06-07. Staff anticipates that the balloting process could be completed by August 2006. Successful formation of the supplemental assessment district will eliminate the deficit. Attachments: 1. Engineer's Report 2. Resolution approving the District Report 3. Resolution setting a time and place for the public hearing Respectfully submitted, Homayoun Behboodi Associate Engineer Noted for Fiscal Impact: Viki Copeland Finance Director Concur: Rich- : D. Mom P.E. Dir-ctor of Public Works/City Engineer Concur: Stephere I City M - ager F:'B951PWFILESICCITEMS11and & st light 2006-07 adoption 5-9-06.doc 3 ENGINEER'S REPORT CITY OF HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2006-2007 Prepared By: Richard D. Morgan, P.E. Director of Public Works/City Engineer May 3, 2006 ATTACHMENT 1 ENGINEER'S REPORT CITY OF HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2006-2007 TABLE OF CONTENTS Certificate 1 Report 2 Part A - Plans and Specifications 4 Part B - Estimate of Cost 6 Part C - Assessment Roll 7 Part D - Method of Apportionment of Assessment 8 Part E - Property Owner List 10 Part F - Assessment District Boundary 11 City of Hermosa Beach Landscaping and Street Lighting District 2006-2007 Page 1 ENGINEER'S REPORT CITY OF HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2006-2007 The undersigned respectfully submits the enclosed report as directed by the City Council. DATED: May 3, 2006 BY: Richar Direct . org- , .E. of Public Works/City Engineer I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Diagram thereto attached, was filed with me on the day of , 2006. City Clerk, City of Hermosa Beach Los Angeles County, California By I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Diagram thereto attached, was approved and confirmed by the City Council of the City of Hermosa Beach, California, on the day of , 2006. City Clerk, City of Hermosa Beach Los Angeles County, California By I HEREBY CERTIFY that the enclosed Assessment Roll and Diagram were filed with the County Auditor of the County of Los Angeles, on the day of , 2006. City Clerk, City of Hermosa Beach Los Angeles County, California By City of Hermosa Beach Landscaping and Street Lighting District 2006-2007 FISCAL YEAR 2006-2007 CITY OF HERMOSA BEACH Page 2 ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING. ACT OF 1972, SECTION 22500 THROUGH 22679, OF THE CALIFORNIA STREETS AND HIGHWAYS CODE Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, and in accordance with the Resolution of Initiation adopted by the Council of the City of Hermosa Beach, State of Califomia, in connection with the proceedings for: HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2006-2007 Hereinafter referred to as the "Assessment District" or "District", Richard D. Morgan, P.E., Director of Public Works/City Engineer, the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of six (6) parts as follows: PART A Plans and specifications for the improvements showing and describing the general nature, location and extent of the improvements. PART B An estimate of the cost of the proposed improvements for FY 2006-2007, including incidental costs and expenses in connection therewith. PART C An assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District. PART D The method of apportionment of assessments, indicating the proposed assessment of the total amount of the costs and expenses of the improvements upon the several Tots and parcels of land within the Assessment District, in proportion to the estimated benefits to be received by such Tots and parcels. City of Hermosa Beach Landscaping and Street Lighting District 2006-2007 PART E Page 3 A list of the names and addresses of the owners of real property within the Assessment District, as shown on the last equalized roll of the Assessor of the County of Los Angeles. PART F The Diagram of the Assessment District Boundaries showing the exterior boundaries of the Assessment District, the boundaries of any zones within the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District. City of Hermosa Beach Landscaping and Street Lighting District 2006-2007 Page 4 PART A PLANS AND SPECIFICATIONS The facilities, which have been constructed within the City of Hermosa Beach, and those which may be subsequently constructed, will be operated, serviced and maintained as generally described as follows: DESCRIPTION OF IMPROVEMENTS FOR THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2006-2007 The proposed improvements for FY 2006-2007 . may be generally described as the continued maintenance and operation of streets and sidewalks within the District, including the operation, servicing and maintenance of landscaping, lighting and appurtenant facilities that are located in and along such streets and sidewalks, including but not limited to, personnel, electrical energy, utilities such as water, materials, contracting services, and other items necessary for the satisfactory operation of these services described as follows: Street Landscaping and Appurtenant Facilities Landscaping, planting, shrubbery, trees and appurtenant facilities, including irrigation systems, hardscapes and fixtures in public street and sidewalk rights-of-way, including parkways and medians, within the boundaries of the Assessment District. Street Lighting and Appurtenant Facilities Poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide street lighting and traffic signals in public street and sidewalk rights-of-way, including parkways and medians, within the boundaries of the Assessment District. Maintenance means the fumishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping, lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, lighting facilities or appurtenant facilities; providing for the life, growth, healthand beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Servicing means the fumishing of water for the irrigation of the landscaping and the maintenance of any of the lighting facilities or appurtenant facilities and the fumishing of electric current or energy, gas or other illuminating agent for the lighting .facilities, or for the lighting or operation of the landscaping or appurtenant facilities. City of Hermosa Beach Landscaping and Street Lighting District 2006-2007 Page 5 The plans and specifications for the improvements, showing and describing the general nature, location, and the extent of the improvements, are on file in the office of the City Clerk and are incorporated herein by reference. City of Hermosa Beach Landscaping and Street Lighting District 2006-2007 PART B ESTIMATE OF COSTS Page 6 LANDSCAPING AND STREET LIGHTING DISTRICT Proposed Budget - Fiscal Year 2006-2007 The estimated cost of the operation, servicing and maintenance of the street and sidewalk improvements for fiscal year 2006-2007, as described in Part A, are summarized herein and described below. Lighting and Landscaping Maintenance and Servicing • Median & Pkwy Landscaping Maintenance and Servicing • Lighting Maintenance and Servicing • Tree Trimming 539,006 Administration Costs 10,176 Insurance 26,075 L.A. County Tax Collection Costs 4,000 Equipment Replacement 39,729 Proposed Capital Improvements - 0 - Expenditures Subtotal 618,986 Appropriation from Fund balance 117 Miscellaneous Revenues (2,846) Total to Assessment 454,914 Fund Balance 6/30/07 (166,801) Total amount of $141,738 was transferred on 7/01/04 from the General Fund to the District Fund FY 04-05. A total of $52,622 was spent from this transfer in FY 04-05 and the remaining $89,116 was carried over to District Fund 2005-2006. The fund balance 6/30/06 is the unused balance of the General Fund transfer to the District. The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. City of Hermosa Beach Landscaping and Street Lighting District 2006-2007 Page 7 PART C ASSESSMENT ROLL The total proposed assessment for Fiscal Year 2006-2007 and the amount of the total proposed assessment apportioned to each lot or parcel within the District, as shown on the latest assessment roll at the Los Angeles County Assessor's Office, are contained in the Assessment Roll on file in the office of the City Clerk of the City of Hermosa Beach, which is incorporated herein by reference. The description of each lot or parcel is part of the Los Angeles County assessment roll and this roll is, by reference, made part of this Report. City of Hermosa Beach Landscaping and Street Lighting District 2006-2007 Page 8 PART D METHOD OF APPORTIONMENT OF ASSESSMENT GENERAL Part 2, of Division 15, of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include operation, maintenance and servicing of street lights, traffic signals and landscaping. The 1972 Act requires that maintenance assessments be levied according to benefit rather than according to assessed value. Section 22573 provides that: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." The Act permits the designation of zones of benefit within any individual assessment district if "by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements" (Sec. 22574) Thus, the 1972 Act requires the levy of a true "benefit assessment" rather than a "special tax." • Exempted from the assessment would be the areas of all publicly owned property in use in the performance of a public function. Railroad and utility rights-of-way are also exempt from assessment. BENEFIT ANALYSIS • Street Lighting and Traffic Signals - The proper functioning of street lighting and traffic signals is imperative for the welfare and safety of the public and property throughout the City. Proper operation, maintenance and servicing of the street lighting system benefits properties within the District by providing proper illumination for ingress and egress and safe traveling at night. Properties within the District also benefit from the proper functioning of the District's traffic signal system. Proper operation of the streetlight and traffic signal systems is imperative to public convenience, orderly traffic flow, enhanced congestion management and safety. Improved security, fuel conservation, protection of property from crime and vandalism, and reduction of traffic accidents, are special and direct benefits to all properties within the City; lighting benefits are directly related to public safety and property protection and therefore increase property values. • Median and Parkway Landscaping and Tree Trimming - Trees, landscaping, hardscaping and appurtenant facilities, if well maintained, provide beautification, shade and enhancement of the desirability of the surroundings, and therefore increase property value. City of Hermosa Beach Landscaping and Street Lighting District 2006-2007 Page 9 The City maintains trees and miscellaneous shrubbery and landscaping throughout the City. The trees, shrubbery and landscaping are located within the public street and sidewalk rights-of-way, including parkways and medians. These trees, shrubbery and landscaping provide an aesthetically pleasing environment, shade, beautification, and, according to some authorities, air purification and sound attenuation. These positive attributes increase the value of all properties throughout the City. Therefore, all property within the District receive an overall specific and direct benefit from the maintenance and servicing of the street median and parkway landscaping and street tree trimming programs. Special benefits which are received by all parcels in the City are considered to be City-wide Benefits, and the associated costs of these special benefits are spread equally, based on Equivalent Dwelling Units, to all parcels within the District. All properties in the District benefit from the operation, maintenance and servicing of the street lighting, traffic signals, street median and parkway landscaping and street tree trimming. The degree of benefit to each parcel of land varies depending on its land use and the size of the parcel. If assessments were spread on an individual parcel basis, not considering land use or parcel size, it would not be an equitable method of spread because a single family parcel would pay the same assessment as a 50 -unit apartment parcel or a large commercial parcel. Therefore, the method for spreading the improvement costs, which must be based on special and direct benefit, is on an Equivalent Dwelling Unit (EDU) basis. The EDU method uses the residential dwelling unit as the basic unit and compares other uses to it, as follows: Residential parcels are assessed based on the number of dwelling units on each parcel, where each residential dwelling unit equals one EDU Non-residential parcels have been converted into EDU'S, based on engineering judgment taking into consideration the size of the parcel and the amount of frontage along the street. Every parcel is assessed a minimum of one (1) EDU. There are a total of 10,975 EDU's within the Assessment District. ASSESSMENT RATE CALCULATION Based on a budget of $455,204, as shown in Part B of this report, the preliminary assessment rate for FY 2005-2006 is calculated as follows: $454,914 / 10,975 EDU's = $41.45 per EDU The assessment for FY 2006-2007 was $41.45 per EDU. City of Hermosa Beach Landscaping and Street Lighting District 2006-2007 PART E PROPERTY OWNER LIST Page 10 A Iist of names and addresses of the owners of all parcels within this District is shown on the last equalized Property Tax Roll of the Assessor of the County of Los Angeles, which by reference is hereby made a part of this report. This Iist is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll on file in the office of the City Clerk of the City of Hermosa Beach. City of Hermosa Beach Landscaping and Street Lighting District 2006-2007 Page 11 PART F ASSESSMENT DISTRICT BOUNDARY The boundaries of the District are coterminous with the boundaries of the City of Hermosa Beach. A diagram showing the exterior boundaries of the District, the boundaries of any zones within the District, and the lines and dimensions of each lot or parcel of land within the District is on file in the office of the City Clerk of the City of Hermosa Beach, and is incorporated herein by reference. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles for fiscal year 2005-2006. The Assessor's maps and records are incorporated by reference herein and made part of this report. F:1B951PWFILES1Lighting & Landscaping District\Engineers Reports\engineers report landscape & street light dist. 06-07.doc CITY OF HEFIMOSA BEACH O .• • ItCO•D (' wAu:;InCUS • • J• • .-+III7� 1 , IET lgallecRB • . ,.._.;...._.._ 1 1 11 t 1 ; l MAP OF LANDSCAPING AND STREET LIGHTING ASSESSMENT DISTRICT 2006-2007 1 3 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2006-2007. WHEREAS, the City Council of the City of Hermosa Beach, California, by its Resolution No. 06-6457, adopted April 25, 2006, ordered the Director of Public Works to prepare and file a report in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 (Section 22500, et seq.) of the Streets and Highways Code of the State of California, in connection with the proposed maintenance and operation of streets and sidewalks within an existing assessment district to be designated as the "Hermosa Beach Landscaping and Street Lighting District 2006-2007", including the operation, maintenance and servicing of landscaping, lighting and appurtenant facilities located in and along such streets and sidewalks for the fiscal year commencing July 1, 2006 and ending June 30, 2007; and WHEREAS, the Director of Public Works, acting as the Assessment Engineer, prepared and filed in the office of the City Clerk a written report in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972; and WHEREAS, the City Clerk presented the report of the Director of Public Works to the City Council, and the City Council carefully examined, inspected and considered the report and is satisfied with the report and with each and all of the items set forth therein. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The report of the Director of Public Works entitled "Engineer's Report, Hermosa Beach Landscaping and Street Lighting District 2006-2007," which was prepared and filed pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division ATTACHMENT 2 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • • 15 (Section 22500, et seq.) of the Streets and Highways Code of the State of California, is hereby approved as filed. SECTION 2. This Resolution shall take effect immediately. The City Clerk shall certify to the passage and adoption of this Resolution, shall cause the original of the same to be entered among the original resolutions of the City Council, and shall make a minute of the passage and adoption thereof in the minutes of the City Council meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 9th day of May 2006. ATTEST: PRESIDENT, of the City Council and MAYOR of the City of Hermosa Beach, California , CITY CLERK APPROVED AS TO FORM: -2- CITY ATTORNEY F_\B95\PWF7LES\RESOSVand and st light 2006-07.doc 1 2 5 6 7 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2006-2007 FOR THE FISCAL YEAR BEGINNING JULY 1, 2006 AND ENDING JUNE 30, 2007, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The public interest and convenience require, and it is the intention of the City Council of the City of Hermosa Beach, California, to order certain improvements within an existing citywide assessment district for the fiscal year beginning July 1, 2006 and ending June 30, 2007, and to levy and collect assessments against properties within the assessment district for that fiscal year. SECTION 2. The proposed improvements are the continued maintenance and operation of the streets and sidewalks within the assessment district including the operation, servicing and maintenance of landscaping, lighting and appurtenant facilities that are located in and along such streets and sidewalks. SECTION 3. The assessment district is designated as the "Hermosa Beach Landscaping and Street Lighting District 2006-2007." The assessment district is comprised of all of the City of Hermosa Beach, as shown on the "MAP OF LANDSCAPING AND STREET LIGHTING DISTRICT 2006-2007" on file in the Office of the City Clerk. SECTION 4. The assessments to be levied and collected against the assessable lots and parcels of land within the assessment district for fiscal year 2006-2007 are not proposed to increase from those levied and collected in fiscal year 2005-2006. SECTION 5. Reference is hereby made to the report prepared by the Director of Public Works, entitled "Engineer's Report, for Hermosa Beach Landscaping and Street Lighting District 2006-2007," on file in the Office of the City Clerk, for a full and detailed description of ATTACHMENT 3 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20. 21 22 23 24 25 26 27 28 29 the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the assessment district. SECTION 6. The improvements shall be provided pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 (Section 22500, et seq.) of the Street and Highways Code of the State of California, and in accordance with plans and specifications on file in the office of the City Clerk. SECTION 7. The assessment shall be levied and collected at the same time and in the same manner and with the same interest and penalties as general taxes of the City, which are collected for the City by the Los Angeles County Tax Collector. SECTION 8. Public property owned by any public agency and in use in the performance of a public function, which is included within the boundaries of the assessment district shall be omitted and exempt from the assessment to be made to cover the costs and expenses of the improvements. SECTION 9. To expedite the making of the improvements, the City Council may transfer into the "Hermosa Beach Landscaping and Street Lighting District 2006-2007 Fund," out of any money in the General Fund, any sums as it shall deem necessary, and the sums so transferred shall be deemed a loan to such fund and shall be repaid in accordance with the Landscaping and Lighting Act of 1972. SECTION 10. NOTICE IS HEREBY GIVEN that Tuesday, June 13,2006, at the hour of 7:30 PM in Civic Center Council Chambers, 1315 Valley Drive, Hermosa Beach, California, is appointed as the date, time and place for hearing protests to the question of approving and confirming the levy of the proposed assessment. SECTION 11. The City Clerk is hereby authorized, designated and directed to give notice of the public hearing in the time, form and manner required by law. SECTION 12. The EASY READER, a weekly newspaper of general circulation circulated within the City, is hereby designated as the newspaper in which said notice shall be published. 4 5 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28. 29 • SECTION 13. This Resolution shall take effect immediately. The City Clerk shall certify to the passage and adoption of this Resolution, shall cause the original of the same to be entered among the original resolutions of the City Council and shall make a minute of the passage and adoption thereof in the minutes of the City Council meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 9th day of May, 2006. . ATTEST: PRESIDENT, of the City Council and MAYOR of the City of Hermosa Beach, California CITY CLERK , CITY ATTORNEY APPROVED AS TO FORM: F:\B95WWFIL,ES\RFSOSNand & st light 2006-07 #2.doc May 3, 2006 Honorable Mayor and Members of the Hermosa Beach City Council • /0-6 Regular Meeting of May 9, 2006 CENTENNIAL CELEBRATION FUNDRAISING ACTIVITIES, TIME CAPSULE AND COMMEMORATIVE BRICKS Recommendation: That the City Council approve an appropriation from the Centennial Fund in the amount of $2650. to purchase the time capsule and bags and direct the City Manager to sign agreement with a commemorative brick company to supply and engrave commemorative bricks to be installed on 14th Street. Background: The Centennial Committee, at its April meeting, approved the time capsule project as presented by Sam Edgerton. The single time capsule will be shared with 50% of the space devoted to individual packets which will compose the fundraising effort and the other 50% to be filled in cooperation with the Historical Society. The individual packets will be sold for $200. There will be 75 packets and this will raise $15,000 for the Centennial effort. The cost of the capsule, including the packets is $2,650. The supplier is Future Packaging & Preservation of Covina, California. The commemorative bricks will sell for $100 and be placed along 14`s Street adjacent to Noble Park. The cost of the bricks, engraving and installation will be covered within the cost of the bricks. This will provide net proceeds of approximately $80.00 per brick or around $56,000 if we sell 700. As an example, we sold 700 bricks for the Millennium Celebration. The Committee would like to start selling both at the Fiesta on Memorial Day weekend and approval by City Council at this meeting will allow this to happen. All of the proceeds from the sale of the time capsule packets and the bricks will be used to support the Centennial Programs. Both of these projects have been reviewed and approved by the Centennial Committee. Respe lly submitted, Ste.j''n Burrel City Manager Honorable Mayor and Members of the Hermosa Beach City Council May 4, 2005 Regular Meeting of May 9, 2006 SUBJECT: CONTRACT AMENDMENT FOR ON-GOING STAFF SERVICES FOR INTERIM SENIOR INSPECTOR POSITION AND PLANNING ASSOCIATE Recommendation: That the City Council approve an amendment to the contract for JAS for on-going services. Background: The Senior Building Inspector position has been vacant since May of 2005. Since that time the City has initiated two recruitments. Following the first unsuccessful recruitment, 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. However, the position remains unfilledsince there were few applications submitted and none were determined to be qualified to hire. On May 3, 2006, the Civil Service Board abolished the two eligibility lists for the position. Analysis: • Currently, JAS Consultants is providing interim Senior Building Inspector services on a full-time basis. The City will continue with its recruitment and leave the position open until filled. In the interim it is necessary to continue to fill the position under contract. JAS has indicated that it can provide the required service until the City is able to permanently fill the position. JAS is also currently providing interim contract services for the Planning Associate position that is vacant in order to ensure that there is no back log in the plan review process in the city. The recruitment is expected to take two months. The JAS contract for both the Senior Building Inspector and the Planning Associate must be amended since they will exceed the maximum $20,000 contract limit. The terms of the contract is one year with provision for termination upon ten day written notice. The contract will be terminated upon completion of the recruitments. Sol Blumenf: d, irector Community evelopment MichDirector Personnel Co 4101► d/.i.1-ii1! S Ven . Burre Ci y Manager Attachments: 1. JAS Amended Contract Noted for Fiscal Impact: Viki Copeland, Director Finance Department JASContractAmend • • AGREEMENT TO PROVIDE BUILDING CONSULTING SERVICES TO THE CITY OF HERMOSA BEACH This agreement, (the "Agreement") is entered into on February 14, 2006 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 JAS Pacific, Inc.4295 Jurupa Street, Suite 203, Ontario, California, 91761 hereinafter referred to as "CONSULTANT": WHEREAS, CONSULTANT is a California corporation which provides building and planning consulting services to government agencies for the purpose of discharging the responsibilities of government agencies; and WHEREAS, CONSULTANT 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 CONSULTANT; and WHEREAS, CITY, requires CONSULTANT services to comply with state and federal building regulations; 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 CONSULTANT shall commence on the date first written hereinabove, and shall continue for a period of one year after said date. 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, CONSULTANT shall be compensated for such services up to the point of termination. 1.2 Scope of Services. CONSULTANT shall provide CITY with consulting services consistent with the duties required as specified in Exhibit A attached hereto and incorporated herein by reference which shall include: a. Provide public information regarding the Building Code and Zoning Code. b. Supervise building inspection staff in the office and in the field. c. Conduct limited plan reviews, provide plan check, zone check and plan coordination and maintain plan check status in electronic files and project case files. 1.3 Other Duties of Consultant. CONSULTANT 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 CONSULTANT performing services hereunder for CITY. • • 1.4 Workers' Compensation. CONSULTANT agrees to maintain 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. CONSULTANT 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 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, CONSULTANT shall obtain professional liability insurance in the amount of $500,000 per occurrence and $1 million annual aggregate. CONSULTANT 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 Driver's License. Proof of valid California Driver's License with safe driving record shall be provided by CONSULTANT. ARTICLE 2 COMPENSATION 2.1 Fee. CITY shall pay CONSULTANT for the consultant services rendered pursuant to this Agreement in accordance with the rates and amounts set forth in Exhibit A, except that compensation shall not exceed $20,000 during the term of the Agreement. 2.2 Invoices. CONSULTANT shall submit to CITY a monthly invoice for services rendered. If CONSULTANT'S bill is properly prepared, CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT'S bill not later than thirty (30) days from invoice date. 2.3 Payment Address. All payments due shall be paid to: JAS Pacific Inc., Municipal Consulting and Engineering Services 4295 Jurupa Street, Suite 203 Ontario, CA 91761 ARTICLE 3 SUPERVISION OF CONSULTANTS CITY shall review the work by CONSULTANT to perform work described in Exhibit A. The individuals provided by CONSULTANT to perform such services shall discharge government responsibilities and perform in accordance with the ordinances, resolutions, rules, regulations, and procedures adopted by CITY. CONSULTANT shall have no control over such government responsibilities and such ordinances, resolutions, rules, regulations, and procedures. CONSULTANT, 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 obligation for or on behalf of CITY. Neither CITY nor any of its officers or employees shall have any control over the conduct of CONSULTANT, or any of the individuals provided by CONSULTANT to perform building consultant services, except as herein set forth. CONSULTANT 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 CONSULTANT is and shall at all times remain to CITY a wholly independent contractor and CONSULTANT'S obligations to CITY are solely as such as are prescribed by this Agreement. ARTICLE 4 INDEMNIFICATION CONSULTANT shall indemnify, defend, and hold harmless CITY, its officers, employees and agents from and against all claims, causes of action, liabilities and damages for injuries to persons and property, including reasonable costs of defense and attorney fees, arising from the negligent of wrongful acts, errors or omissions of CONSULTANT and its employees, subconsultants and agents in the performance of professional services under this Agreement. CONSULTANT 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 CONSULTANT, 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 CONSULTANT, its officers, employees and agents for any such indemnified claims, and reasonable costs and attorney fees incurred by CONSULTANT in the defense of such claims. ARTICLE 5 GENERAL PROVISIONS 5.1 Representation. A CITY representative shall be designated by the CITY and a CONSULTANT representative shall be designated by CONSULTANT as the primary contact person for each party regarding performance of this Agreement. The following are the designated representatives: Representative for CONSULTANT — J Addison Smith Representative for CITY -- 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. CONSULTANT shall provide no services requiring review by the City 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 CONSULTANT 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. 5.7 Benefits. CONSULTANT will not be eligible for any paid benefits for federal, social security, state workers' compensation, unemployment insurance, professional insurance, medical/dental, or fringe benefits offered by CITY. 5.8 Audit or Examination. CONSULTANT shall keep all records of funds received from CITY and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters are closed in accordance with 24 CFR Part 84, Sec. 84.53. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. JAS MUNICIPAL CONSULTING AND ENGINEERING SERVICES By: Date: Title: THE CITY OF HERMOSA BEACH By: Date: Title: IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed by their authorized representatives effective as of the date first set forth above. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney B:/95/cd/bldgconsulting contracts/JASagreement • Honorable Mayor and Members of the Hermosa Beach City Council 18,Api7 f 2006 / Regular Meeting of May 9, 2006 SUBJECT: REQUEST TO CONSIDER AIR AND SUBSURFACE ENCROACHMENTS AND ALLEY VACATIONS IN CONNECTION WITH THE REDEVELOPMENT OF THE PROPERTY AT 2901 PACIFIC COAST HIGHWAY Recommendation: That the City Council direct staff to accept encroachment permits and alley vacation applications as part of the application process for the redevelopment of 2901 Pacific Coast Highway. Background: Mar Ventures Properties has acquired the property located at 2901 Pacific Coast Highway and plans to redevelop it with a resort hotel and residential condominium. The project plans are still being developed but at this preliminary stage it is evident that the project will include subterranean parking that runs under 30th Street near Pacific Coast Highway connecting the southerly and northerly portions of the site and partial alley vacations for remnant portions of property that were not included in the former BMW dealership site development in the 1990's. The proposed project is a 71 room resort hotel, restaurant and 50 condominium units with a common area roof deck comprised of pool, spa and gardens. Analysis: Mar Ventures Properties plans to submit an application to develop the subject property. This will require a zone change to create a new Specific Plan 10 zone designation, General Plan Amendment and discretionary permits. Prior to submitting the applications, it is necessary to establish that the City Council is agreeable to the remnant property vacations and encroachments since they are an integral part of the proposed project permits. (Please see attached exhibit). The alley vacations will allow the development to occupy an area that is 10 feet by 100 feet at the southwesterly portion of the property, which was never vacated when the BMW dealership occupied the property. A small strip of land that is 5 feet by 80 feet is also proposed to be vacated at the north end. The air and subterranean encroachments are required to accommodate a bridge over 30th Street that will be 50 feet by 85 feet and contain hotel rooms and a roof deck connecting the north and south sides of the property. At this time staff is seeking confirmation that the City Council is agreeable to the proposed vacations and encroachments that are a necessary part of the proposed development and subject to formal public hearings at City Council Concur: Stephe ell, City Ma ager Attachments: 1. Exhibits of Encroachment and Alley Vacations Sol Blumengeld, 'Director Communit Development Department P:/30thStreetHotel 6a ,r — AREA Of THE ALLEY TO ME VACATED Elfrtr 2901 PACIFIC COAST HIGHWAY HERMOSA BEACH, CA PACIFIC COAST HIGHWAY • AREA ON THE ALLEY AREA OF ENCROA $IMEHi'••PFRMIT --- TO SC VACATED— ABOVE AND BeLOi THE BOTH STREET AREA OF ENCR ACI-IMENT t ALLEY VACA ION PLAN —...� T Mw V:.?Stu :; ii3S •., tel} V.E M. i€.1 qII ;M:; ;.. 4� i 114 SAVREIll LL /11.00 SO 1-\ cA• Slow u rua1311)014ow PA U L Es s I LYIEST.S SARI ARCITECTs tanumIQIIIS•naen�auu.xenaum xn:n. nunoro.wna „.0 MNri777Alt• / /47/J,,Pk, 1 / IC � 28101 PACIFIC C0AST HIQHWAT H!RMO A DPACI4, CA F T+ -1E GARAGE 6 V rittlr2-I.<< inc. 0�1G"Y Mt i; KY i ,w uwrtui SLMD.t Wre An. o RAUL $$ICK �RHI�ECTS r•M.u,rm�n..ut t•taut nw,�u,taur.n.n,. comma 0ow..uO INYCIAICO W M MO MadM M11..Ma1aINAtlfIXMMM,MtU. L ZS I.rtolgaaa.w 2 AREA OFBO EENCROACHMENTTHE30TH STREET PERMIT ABOVE THE 10TH STREET '.GUEST OOMS TIP. GUEST ROOMS • 30TH STREET RESTAURANT 1 2'3AC OSACOAST ICA AREA OF ENCROACHMENT PERMIT _I BELOW THE 30TH STREET ��11 TIP. CONDO UNITS 30T1-1 STREET ENCROACHMENT SECTION 4,40 sic` ` 04 aw..amW aVQ aRA.a L&. CL nwr0140. VAX. 01.1411.141 PAUL ES SICK ARCHITECTS .11A.UIM.I..aO...T. IygOHh..Y..• .51014110111515(111)05.4111 mon.rINeaaa„nc...an...,l,en.WT.,,,vo.20.<v 3 May 3, 2006 06 --1;6-6''41-2.0( - -N0 For City Council Meeting of May 9, 2006 Introduction of an Ordinance Relating to Interconnection of Public, Educational, and Government Broadcasts on Cable and Open Video Systems Recommendation Introduce the Ordinance and waive full reading Background In December the City Council approved a new cable television regulatory ordinance go.verning cable and open video system franchises in the City of Hermosa Beach. The ordinance did not contain interconnection provisions. As there are two companies that will be providing subscription video services, the issue of interconnection is of greater importance than it had been in the past to ensure that the public, educational, and government programming is broadcast by all providers. Analysis Cable television services in the City of Hermosa Beach are currently being provided by Adelphia Communications. The City's franchise with Adelphia expired in October 2004 and they have continued to operate under the terms of the expired franchise while in bankruptcy. The City Council approved a second franchise for cable service with Verizon Communications in December 2005. That service is tentatively scheduled to begin August 1, 2006. Currently the PEG channels are broadcast on Adelphia cable through the head end located at the Adelphia site on Valley Drive. The City's franchise with Verizon includes interconnection provisions that require them to broadcast the PEG channels on their system by obtaining an interconnection agreement with Adelphia. Or in the alternative, Verizon will connect directly at City Hall to broadcast the City Council and Commission meetings on the government channel. At this point Adelphia has not agreed to interconnect their system with Verizon. Adopting this amendment to the cable ordinance will require any provider of video service to interconnect with all others who may be operating in the City. This ordinance would apply to Adelphia (or Time Warner) once the franchise is renewed. The ordinance would not apply to Verizon until they renew their franchise.. However, at this time Verizon's existing franchise already includes interconnection provisions that are adequate to ensure that Verizon carnes the City's PEG programming. 6b 1 Respectfully submitted: Michail Earl Personnel & Risk Management Director St City Manager ORDINANCE NO. AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING CHAPTER 5.16 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING INTERCONNECTION OF PUBLIC, EDUCATIONAL, AND GOVERNMENT BROADCASTS ON CABLE AND OPEN VIDEO SYSTEMS. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. A. The City has historically been served by a single cable television franchisee; due to changes in technology, telecommunications companies are entering the field and competing directly with traditional cable television providers. B. it is of important public interest that the public, educational, and. government programming created by the City and other local agencies be carried to all subscribers of all video franchisees of the City, regardless of the franchisee.chosen by individual customers to provide the customer with video service; C. The heavy competition in the provision of video services may make franchisees reluctant to cooperate with each other in ensuring all subscribers receive the public, educational, and government programming of the City, and the public interest in distributing such programming should not be impaired by the competitive goals of various franchisees. Section 2. Chapter 5.16 of Title 5 of the Hermosa Beach Municipal Code is amended by adding thereto a new Section 5.16.075 to read as follows: "5.16.075 Interconnection a. To properly serve the City's interest in public, educational, and governmental programming and to serve each Franchisee's requirement to provide such programming in accordance with its Franchise, any new or renewed Franchisee must interconnect its cable system with any other cable system serving the Franchise Service Area ("Other System"). Such interconnection may be accomplished by direct cable, microwave link, satellite or other reasonable method of connection. The interconnected systems must enable the City's public, education, and government programming to reach all subscribers in the City of all Franchisees by allowing the City to broadcast or feed its signals into a single point designated by the City. 1. Failure to negotiate for and provide an interconnection as required by this section is a material breach of a Franchise, and any Franchisee that fails to negotiate or provide an interconnection will be subject to fines, penalties, liquidated damages, suspension, revocation, and termination in accord with this Chapter. b. Interconnection Procedure. Within 30 days of a grant of Franchise (including a Franchise renewal), or within 30 days of receiving written notice from the City that another franchisee has received a Franchise from the City, a Franchisee must begin negotiations with the owner(s) and operator(s) of the Other System(s) to determine their equitable share of costs for both construction and operation of the interconnection link. Franchisee shall negotiate in good faith with Other System operator(s) respecting reasonable, mutually convenient, cost-effective, and technically viable interconnection points, methods, terms and conditions. The construction costs and ongoing expenses of interconnection shall be fairly shared between all Franchisees. All Franchisees must • • negotiate the precise terms and conditions of an interconnection agreement. All interconnections must be operational within 180 days of the start of the negotiations required by this section, unless extended by the City Council in itssole discretion. c. Relief. If the Franchisees are unable to reach agreement on the terms of interconnection, including, but not limited to, compensation and timing, the dispute shall be submitted to the City Council or its designee for resolution. Franchisees may be granted reasonable extensions of time to interconnect, within the sole discretion of the City Council or its designee. If the City Council determines in its sole discretion that the cost of interconnection would be unreasonable, interconnection is not technically feasible or would cause an unacceptable increase in Subscriber rates, or determines an Other System operator will not agree to reasonable terms and conditions of interconnection, the interconnection requirement of this Section may be waived and a separate, direct access to a Franchisee's system for broadcast or transmission of public, education, and government programming may be substituted in place of the interconnection." Section 3. Section 5.16.120.B.4.b. of Chapter 5.16 of the Hermosa Beach Municipal Code is amended to read as follows: "b. The open video system operator must comply with Section 5.16.075 of this Code and 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. An open video system operator is considered a Franchisee for the purposes of compliance with Section 5.16.075." Section 4. 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 Govemrnent Code. Section 5. This Ordinance shall become effective thirty (30) days after the date of its adoption. • PASSED, APPROVED AND ADOPTED this day of , 2006. MAYOR ATTEST: CITY CLERK • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH 1, , 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 , 2006 by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK • s/9 May 3, 2006 Honorable Mayor and Members of Regular Meeting of the Hermosa Beach City Council LIGHTING AND LANDSCAPING SUPPLEMENTAL MAINTENANCE DISTRICT Recommendation: May 9, 2006 It is recommended that the City Council hold a study session to review the proposed Lighting and Landscaping Supplemental Maintenance District. Summary: Last year the existing Lighting and Landscaping District began to run a deficit. In an effort to save energy and balance this budget shortfall, Council directed staff to do a pilot project to reduce street lighting. When this pilot project proved to be unacceptable to residents, Council directed staff to take steps to increase the annual assessment and balance the District budget. To that end, Council approved a contract with Hams & Associates in March, 2005, to prepare the necessary engineering report and other administrative actions necessary to hold a citywide ballot to approve this additional assessment. Attached is the Draft Engineer's Report for your review. Council will be considering adoption of a Resolution of Intention to formally start the balloting proceedings at its regularly scheduled meeting of May 23, 2006. This agenda item is to hold a study session with Council to review the report. Joan Cox, the assessment engineer with Harris & Associates, will give a brief overview of the report methodology and answer any questions Council may have. Attachment: Draft Engineer's Report Respectfully submitted, r 417 ,/ ,4•-/ Richard D. Morgan, P.E. Director of Public Works/City Engineer Noted for fiscal impact: AL4-L4) Viki Cope!e Finance Director Concur. Stephe City M - ager F:1b951pwfileslccitems\lighting - landscaping spplmentl 5-9-06.doc DRAFT Engineer's Report for Landscape and Street Lighting Supplemental Maintenance District Prepared under the provisions of the Landscaping and Lighting Act of 1972 For the CITY OF HERMOSA BEACH Los Angeles County, California Prepared by: Harris & Associates 5111 May 3, 2006 City of Hermosa Beach Landscape and Street Lighting Supplemental Maintenance District Engineer's Report DRAFT May 3, 2006 Page i TABLE OF CONTENTS Certificates 1 Report 2 Part A - Plans and Specifications 3 Part B - Estimate of Cost 4 Part C - Method of Apportionment of Assessment 6 Part D - Assessment Roll 15 Part E_- Assessment Diagram 15 Q:1Eiermosa BeachILLMD supplementlrepts\draft rept 3may06v2.doc Harris & Associates City of Hermosa Beach Landscape and Street Lighting Supplemental Maintenance District Engineer's Report • DRAFT May 3, 2006 CITY OF HERMOSA BEACH LANDSCAPE AND STREET LIGHTING SUPPLEMENTAL MAINTENANCE DISTRICT ENGINEER'S REPORT CERTIFICATES Page 1 The undersigned acting on behalf of Harris & Associates, respectfully submits the enclosed Engineer's Report as directed by City Council pursuant to the provisions of Section 4 of Article XIIID of the California Constitution, and provisions of the Landscaping and Lighting Act of 1972, Section 22500 et seq. of the California Streets and Highways Code. The undersigned certifies that she is a Professional Engineer, registered in the State of Califomia. Dated: May 3, 2006 BY: Joan E. Cox R.C.E. No. 41965 I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached, was filed with me on the day of , 2006. Elaine Doerfling, City Clerk City of Hermosa Beach Los Angeles County, California By I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Hermosa Beach, California, on the day of , 2006. Q:1Hermosa BeachLLLMD supplement\reptsldraft rept 3may06v2.doc Elaine Doerfling, City Clerk City of Hermosa Beach Los Angeles County, California By Harris & Associates City of Hermosa Beach Landscape and Street Lighting Supplemental Maintenance District Engineer's Report DRAFT May 3, 2006 Page 2 FISCAL YEAR 2006-07 ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE, ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION, AND THE PROPOSITION 218 OMNIBUS IMPLEMENTATION ACT (GOVERNMENT CODE SECTION 53750 ET SEQ.) Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, Article XIIID of the California Constitution, the Proposition 218 Omnibus Implementation Act and in accordance with the Resolution of Initiation, adopted by the City Council of the City of Hermosa Beach, State of California, in connection with the proceedings for: LANDSCAPE AND STREET LIGHTING SUPPLEMENTAL MAINTENANCE DISTRICT hereinafter referred to as the "Supplemental District" or "District", 1, Joan E. Cox, P.E., the authorized representative of Harris & Associates, the duly appointed ASSESSMENT ENGINEER, submit herewith the "Report" consisting of five (5) parts as follows: PART A — PLANS AND SPECIFICATIONS Contains a description of the improvements that are to be maintained or serviced by the District. PART B — ESTIMATE OF COST Identifies the estimated cost of the improvements to be provided by the District, including incidental costs and expenses in connection therewith. PART C — METHOD OF APPORTIONMENT Describes the basis on which the costs have been apportioned to each parcel of land within the District, in proportion to the estimated benefits to be received by such lots and parcels. PART D — ASSESSMENT ROLL Identifies the maximum assessment to be levied on each benefited lot or parcel of land within the District. - PART E — ASSESSMENT DIAGRAM Contains a Diagram of the District Boundaries showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. Q:1Hermosa Beach'tLLMD supplementlreptsldraft rept 3may06v2.doc Harris & Associates City of Hermosa Beach Landscape and Street Lighting Supplemental Maintenance District Engineer's Report DRAFT May 3, 2006 Page 3 PART A PLANS AND SPECIFICATIONS The improvements are the construction, operation, maintenance, rehabilitation and servicing of landscaping, lighting, and appurtenant facilities. The District will fund costs in connection with the District improvements including, but not limited to, personnel, electrical energy, utilities such as water, materials, contracting services, and other items necessary for the satisfactory operation of these facilities. Reference is made to Part "C" of this report for a discussion of the Zones of Benefit, and the improvements associated with them. The facilities are described as follows: Landscaping and Appurtenant Facilities Landscaping improvements include but are not limited to: Landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance resulting from landscape growth and appurtenant facilities, in public rights-of-way, medians, parkways and dedicated easements within the proposed boundaries of said Assessment District. Lighting and Appurtenant Facilities Street lighting improvements include but are not limited to: Poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting in public rights-of-way and dedicated easements within the proposed boundaries of said Assessment District. The public lighting system shall be maintained to provide adequate illumination. Power for streetlights shall be furnished and it shall be adequate for the intended purpose. Rates for power shall be those authorized by the California Public Utilities Commission. Maintenance means the furnishing of services and materials for the ordinary and usual operation, maintenance and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping improvements, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste; the cleaning, sandblasting, and painting of street lights and other improvements to remove graffiti. Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting facilities, landscaped improvements or appurtenant facilities, and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities. The plans and specifications for the improvements are on file in the office of the City Engineer and are by reference herein made a part of this report. Q:.Hermosa Beaeh\LLMD supplement\ repts\ draft rept 3may06v2.doc Harris & Associates City of Hermosa Beach Landscape and Street Lighting Supplemental Maintenance District Engineer's Report DRAFT May 3, 2006 Page 4 PART B ESTIMATE OF COST The estimated costs for the operation, maintenance and servicing of the Improvements, shown below, are the estimated costs of maintenance if the Improvements were fully maintained for Fiscal Year 2006-07. The 1972 Act provides that the total cost of the maintenance and services, together with incidental expenses, may be financed from the assessment proceeds. The incidental expenses may include engineering fees, legal fees, printing, mailing, postage, publishing, and all other related costs identified with the district proceedings. O&M Unit Quantity Cost Total O&M Admin. Costs Costs FY 06-07 Annual Costs Street Lights 1,413 each $337.00 $476,181 Less 50% Arterial General Benefit (306) each $168.50 ($51,561) Less Strand Beach Lights (30) each $337.00 ($10,110) $414,510 $37,770 $452,280 Traffic Signals $14,000 Less 50% Signal General Benefit ($7,000) Street Trees Medians $7,000 $638 $7,638 192 each $74.00 $14,208 $1,295 $15,503 $69,757 $6,356 $76,113. Subtotal Annual Costs: $505,475 $46,059 $551,534 Landscaping and Street Lighting District revenue, Tess general benefit amounts: ($386,243) Total to Supplemental Assessment: $165,291 Administrative Costs District Formation City Administration County Administrative Charge Replacement Reserve Fund Balance as of Jun 30 Previous FY Subtotal Administrative Costs: $32,000 $10,176 $4,000 $0 ($117) $46,059 The 1972 Act requires that a special fund be set-up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. The City may advance funds or incur bonded indebtedness, if needed, to ensure adequate cash flow or timing of the provision of the facilities, and will be reimbursed for any such advances or payment of annual bond debt service upon receipt of assessments. Any surplus or deficit remaining on July 1 must be carried over to the next fiscal year. Q:\Hermosa Beach\L[,MD supplement\repts\draft rept 3may06v2.doc MI Hands & Associates J City of Hermosa Beach Landscape and Street Lighting Supplemental Maintenance District Engineer's Report DRAFT May 3, 2006 Page 5 PART C METHOD OF APPORTIONMENT OF ASSESSMENT General Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of Assessment Districts by cities for the purpose of providing certain public improvements which include the operation, maintenance, rehabilitation and servicing of public street lights, traffic signals and landscaping. Section 22573, Landscaping and Lighting Act of 1972 requires that assessments be levied according to benefit rather thanaccording to assessed value. This section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." The Act permits the designation of zones of benefit within any individual assessment district if "by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the, improvements." (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax." In addition, Proposition 218, the "Right to Vote on Taxes Act" which was approved on the November 1996 Statewide ballot and added Article XIIID to the California Constitution, requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. XIIID provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. XIIID also requires that publicly owned properties that benefit from the improvements be assessed. This report establishes the formula to be used to distribute the costs of providing the services described in this report to the benefiting parcels within the City. Special Benefit Determination Street Lighting Proper maintenance and operation of the street lighting system in close proximity to certain lots or parcels provides a special benefit to such lots or parcels by providing security, safety and community character and vitality as outlined below. BENEFITS OF STREET LIGHTING Security and Safety • Mitigates crime ■ Alleviates the fear of crime • Reduces traffic accidents • Enhances pedestrian safety Community Character and Vitality • Promotes social interaction • Promotes business and industry • Contributes to a positive nighttime visual image ▪ Decorative lights provide a pleasing daytime appearance Q:\Hermosa Beach\LLMD supplementlrepts\draft rept 3may06v2.doc MilHarris •& Associates City of Hermosa Beach Landscape and Street Lighting Supplemental Maintenance District Engineer's Report DRAFT May 3, 2006 Page 6 Local Lighting. All parcels in the City have street lighting in close proximity to them; therefore, all parcels receive special benefit from local street lighting. Special Lighting Area. The parcels along Pier Ave, from Hermosa Ave to The Strand, and along Hermosa Ave, from one block north to one block south of Pier Ave, enjoy a higher level of lighting than parcels in the rest of the City. There are approximately three times as many lights within this area; therefore, these parcels receive three -times the level of benefit than the rest of the parcels in the City. The Special Lighting Area is shown on sheet 1 of the Assessment Diagram at the back of this report. Arterial Lighting. Street lighting (including traffic signals, flashing beacons, intersection safety lighting and lighting on arterial streets) on the major thoroughfares and arterials, which are the main travel ways of the City, provides a special benefit to each and every assessable lot or parcel within the City, enhancing their value by: 1) improved nighttime visibility for the access of emergency vehicles, and 2) improved safety and traffic circulation to and from parcels citywide. The City recognizes that a portion of the maintenance, operation and servicing of the City's arterial lighting improvements funded by the District provide a general benefit to the public at large. Arterial streets, by their nature, have traffic that travels through the City from surrounding regional areas without stopping in the City. This pass-through traffic receives benefits from the safety provided by the maintenance, operation and servicing of street lighting and traffic signals on the arterial streets. It is estimated that approximately 50% of all traffic on the arterials is pass- through traffic. Therefore, the City contribution to the District is equal to 5O% of the estimated arterial lighting costs. This general benefit contribution is funded through the City's existing Landscaping and Street Lighting District. The Beach lighting along the Strand. There are a total of 30 lights along the Strand that provide for illumination of the beach area. These 30 lights are considered general benefit and are funded through the City's existing Landscaping and Street Lighting District. Street Landscaping Trees, landscaping, hardscaping and appurtenant facilities, if well maintained, provide beautification, shade and enhancement of the desirability of the surroundings, and therefore increase property value. In Parkways and Land Values, written by John Nolan and Henry V. Hubbard in 1937, it is stated: "... there is no lack of opinion, based on general principals and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly.... Indeed, in most cases where public money has been spent for parkways the assumption has been definitely made that the proposed parkway will show a provable financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City, or in parts of the City,..." It should be noted that the definition of "parkways" above may include the roadway as well as the landscaping along side the roadway. Q:\Hermosa BeachILLMD supplementlrepisldraf rept 3may06v2.doc Mil Harris & Associates City of Hermosa Beach Landscape and Street Lighting Supplemental Maintenance District Engineer's Report DRAFT May 3, 2006 Page 7 Landscaped Medians. The landscape improvements in the medians along the major thoroughfares provide positive enhancement of the City. and therefore increase property desirability and property values. These major thoroughfares are the entryways into the City and as such provide beautification to the entire City. Landscaping along the major thoroughfares provides only incidental benefits to motorists traveling to, from or through the City. Street Tree Areas. Street trees within the public street parkways provide special benefit to those properties directly adjacent to those tree -lined parkways. Because all of the tree -lined parkways are along the major thoroughfares, which are the entryways into the City, 50% of the benefit is allocated to all parcels in the City and 50% is allocated to the adjacent properties. The following areas within the City currently receive a street tree benefit: • Pier Ave, between Hermosa Ave and the alley east of The Strand, • Hermosa Ave, between 10th St and 14th St, • Pier Ave, between Monterey Blvd and Bard Street, and • Aviation Blvd, between Pacific Coast Hwy and the east City Limits. Within approximately one year, the following areas will have street trees adjacent to them as well. These areas will be assigned a Street Tree Special Benefit, but will not be assessed for street trees until the trees have been installed: • Pier Ave, between the alley east of Hermosa Ave to Monterey Blvd, and • Pier Ave, between Bard St and Pacific Coast Hwy. The street trees along Herondo Street are not funded through this Supplemental Maintenance District as they are in the process of being removed; therefore, no special benefit has been assigned to the properties adjacent to those street trees. The Street Tree Areas are shown on sheet 2 of the Assessment Diagram at the back of this report. Special Benefit Methodology The District boundaries are coterminous with the City of Hermosa Beach. To establish the special benefit to the individual parcels within the District, a Benefit Unit system is proposed. Each parcel of land is assigned Benefit Units (BU's) in proportion to the estimated special benefit the parcel receives relative to the other parcels within the District from the Program. Benefit Units are established by considering both the dwelling unit equivalency of a property and the benefits provided, as discussed above. Basic Formula: (Equivalent Dwelling Units) x (Benefit Factor) = Benefit Units Equivalent Dwelling Units In order to allocate benefit fairly between the parcels, an Equivalent Dwelling Unit (EDU) methodology is proposed which equates different types of land uses to a single-family residential parcel, thereby allowing a uniform method of assessment. Q:\Hermosa Beach\LLMD supplementlrepts\draft rept 3may06v2.doc Harris & Associates City of Hermosa Beach Landscape and Street Lighting Supplemental Maintenance District Engineer's Report DRAFT May 3, 2006 Page 8 The EDU method uses the single-family home as the basic unit of apportionment. A single family home equals one Equivalent Dwelling Unit (EDU). Every other land use is converted to EDU's as described below. All properties in the District will be assigned dwelling units and land use classifications per the County Assessor's roll. (Inaccuracies in the County data will be reviewed on a case by case basis as they are brought to the City's attention.) A methodology has been developed to calculate the EDU's for other residential land uses and for non-residential parcels. Every land use is converted to EDU's: parcels containing apartments are converted to EDU's based on the number of dwelling units on each parcel of land; non-residential parcels are converted based on the lot size of each parcel of land. This methodology is summarized in the table below: Land -Use Category Basic Unit • Exempt • Single Family Residential (SFR) 1 D.U. • Condominium, duplex, tri-plex and 4-plex 1 D.U. • Multi -Family Residential (5 or more units) 1 D.U. • Mobile Home Park 1 space x • Non -Residential 1 acre x Based on the average SFR parcel density of 12 DU/Acre • Vacant SFR lots 1 parcel x • Vacant / Parks 1 acre x EDU Factor EDU Rates 0.0 1.0 = 1.0 EDU/DU x 1.0 = 1.0 EDU / DU 0.75 = 0.75 EDU / DU 0.5 = 0.5 EDU/ Space 12.0 = 12.0 EDU / Acre 0.25 = 0.25 EDU / Parcel 3.0 = 3.0 EDU / Acre D.U. = Dwelling Unit Residential Single Family Residences (SFR). A single family home equals 1 EDU. Condominiums, Duplexes, Triplexes, and Four-plexes. In Hermosa Beach, condominiums, duplexes, triplexes and four-plexes are a size similar to typical single-family homes; therefore, these uses are assessed 1 EDU per dwelling unit. Multi -family Residences (Apartments with 5 or more units) and Mobile Home Parks. Multi -family residential parcels and mobile home park equivalencies are determined by multiplying the number of dwelling units on each parcel by 0.75 and 0.5, respectively, due to the relative population density of these types of dwelling units and reduced unit size compared to the typical density and size of a SFR. Studies have consistently shown that the average apartment unit impacts infrastructure approximately 75% as much as a single-family residence, and the average mobile home unit impacts infrastructure approximately 50%. (Sources: Institute of Transportation Engineers Informational Report Trip Generation, Fifth Edition, 1991; Metcalf and Eddy, Wastewater Engineering Treatment, Disposal, Reuse, Third Edition, 1991). Trip generation and wastewater usage are a function of population density. Based on this, it is concluded that other infrastructure will be similarly impacted at a reduced level. The smaller Q:1Hermosa Beach\LLMD supplement\repts\draft rept 3may06v2.doc Harris & Associates City of Hermosa Beach Landscape and Street lighting Supplemental Maintenance District Engineer's Report DRAFT May 3, 2006 Page 9 average unit size of multiple -residential and mobile homes result in a lesser enhancement per unit to property values. • The EDU's assigned to a multi -residential or a mobile home parcel are calculated based on the number of dwelling units and the appropriate EDU factor. For example, the EDU factor for multi -residential (0.75) is multiplied by the number of dwelling units on the parcel to determine the total EDU's for the multiple residential parcel. Similarly, the total EDU's for a mobile home parcel are calculated by multiplying the EDU factor (0.5) by the number of mobile home units on the parcel. Developed Non -Residential Developed non-residential properties are defined as improved commercial, industrial and institutional properties (such as churches). In converting these properties to EDU's, the size of the parcels are compared to the median size of a single-family residential lot, which is approximately a 3,600 square foot lot. This equals approximately 12 SFR lots per acre of land. Therefore, developed non-residential parcels are assigned EDU's at a rate of 12 EDU's per acre. Vacant / Parks Vacant property consists of parcels with few or no improved structures. These properties have virtually no impacts on infrastructure to make a comparison to developed property; however, based on the Los Angeles County Assessor's data, the average land value of a SFR property is approximately 50% of the total value. Splitting the difference between value and impacts, vacant property is assigned EDU's at the rate of 25 percent of improved property. A vacant subdivided lot, designated exclusively for a single-family residential unit, will be assigned 0.25 EDUs per lot. Other vacant parcels, including those properties designated as agricultural, are assessed based upon the acreage of the parcel. All of these parcels will be assigned EDU's at the rate of 25% of the developed non-residential properties, or 3.0 EDU's per acre. Exempt Exempted from the assessment are the areas of streets, avenues, lanes, roads, drives, courts, alleys, and public easements, rights -of -ways, and parkways. Also exempted from assessment are utility rights-of-way, common areas (such as in condominium complexes), landlocked parcels and small parcels vacated by the City as these parcels have little or no value and therefore do not benefit from the improvements. Government -Owned Property Proposition 218 states, "Parcels within a district that are owned or used by any [public] agency...shall not be exempt from the assessment unless the agency can demonstrate...that [the] parcels in fact receive no special benefit." Government-owned (public) properties must be assessed for the benefits they receive. If no benefit is received then the government-owned parcels can be "exempt" from the assessment. Uses such as City Hall and maintenance yards are assessed as developed non-residential property. Q:1Hermosa BeachILLMD supplement\reptsldraft rept 3may06v2.doc iI Hams & Associates • City of Hermosa Beach Landscape and Street Lighting Supplemental Maintenance District DRAFT Engineer's Report May 3, 2006 Page 10 Benefit Factors All properties within the City are assigned a Benefit Factor of 1, with the following exception: Exception. The parcels in the Special Lighting Area are assigned a Benefit Factor of 3 for the street lighting benefit. Benefit Units As discussed above, the basic formula for calculating Benefit Units for each property is as follows: Basic Formula: (Equivalent Dwelling Units) x (Benefit Factor) = Benefit Units For the vast majority of the parcels in the City, the assigned Benefit Units equal the Equivalent Dwelling Units (EDU's) because the Benefit Factor is 1. For the Special Lighting Area, the Benefit Units are equal to three -times the EDU's. The following tables provide parcel and Benefit Unit summaries for the various improvements described above. Land Use Street Lighting Improvements Parcel Dwelling Count Units Acres Benefit EDU's Units Single Family Res (SFR) Condominium and 2, 3 and 4-plexes Multi -Family Res (5 units or more) Mobile Home Parks Churches Non -Residential Schools Single Family Vacant Vacant / Park Special Lighting Area Non -Residential 3,150 2,953 178 3. 8 392 7 91 92 3,150 4,734 1,898 81 3.34 83.98 17.44 93.14 3,150.000 4,734.000 1,423.500 40.500 40.130 1,007.817 209.256 22.750 279.413 3,150.000 4,734.000 1,423.500 40.500 40.130 1,007.817 209.256 22.750 279.413 40 . 5.42 65.055 195.165 6,914 9,863 203.32 10,972.421 11,102.531 Q:\Hermosa Beach\LLMD supplement\repts\draft rept 3may06v2.doc Harris & Associates City of Hermosa Beach Landscape and Street Lighting Supplemental Maintenance District DRAFT Engineer's Report May 3, 2006 Page 11 Median Landscaping and Traffic Signal Improvements (all parcels in City) Parcel Dwelling Benefit Land Use Count Units Acres EDU's Units Single Family Res (SFR) 3,150 3,150 3,150.000 3,150.000 Condominium and 2, 3 and 4-plexes 2,953 4,734 4,734.000 4,734.000 Multi -Family Res (5 units or more) 178 1,898 1,423.500 1,423.500 Mobile Home Parks 3 81 40.500 40.500 Churches 8 3.34 40.130 40.130 Non -Residential 432 89.40 1,072.872 1,072.872 Schools 7 17.44 209.256 209.256 Single Family Vacant 91 22.750 22.750 Vacant / Park 92 93.14 279.413 279.413 6,914 9,863 203.32 10,972.421 10,972.421 Land Use Street Tree Improvements (Current) Parcel Dwelling Benefit Count Units Acres EDU's Units Condominium and 2, 3 and 4-plexes 2 4 4.000 4.000 Churches 1 13.19 6.683 6.683 Non -Residential 104 14.75 177.023 177.023 Vacant / Park 5 0.36 1.083 1.083 112 4 28.30 188.789 188.789 Street Tree Improvements (Future) Parcel Dwelling Benefit Land Use Count Units Acres EDU's Units Condominium and 2, 3 and 4-plexes 1 4 4.000 4.000 Non -Residential 17 12.21 146.505 146.505 18 4 12.21 150.505 150.505 Assessment Rate Calculations The FY 2006-07 maximum assessment rates are calculated as follows (except for the special sheet lighting area, a single family residential property is assessed 1 Benefit Unit): Q:1Hermosa Beach\LLMD supplementlrepts\drafi rept 3may06v2.doc OEN Dili Harris & Associates City of Hermosa Beach Landscape and Street Lighting Supplemental Maintenance District Engineer's Report DRAFT May 3, 2006 Page 12 • Improvements Cost Estimate / Benefit Units = FY 06-07 Max. Asmt Rate* Street Lights (less current asmt revenue) $66,037 / 11,102.531 = $5.95 / BU Traffic Signals $7,638 / 10,972.421 = $0.70 / BU Medians and Citywide Trees $83,865 / 10,972.421 = $7.65 / BU Local Street Trees $7,752 / 188.789 = $41.07 / BU These rates are considered the Maximum Assessment Rates that may be assessed for this fiscal year. * The maximum annual assessment rate will be increased each year by the annual change in the Consumer Price Index (CPI), during the preceding year ending in January, for All Urban Consumers, for the Los Angeles, Riverside and Orange County areas. The actual assessments levied in any fiscal year will be as approved by the City Council and may not exceed the maximum assessment rate without receiving property owner approval for the increase. The following are sample calculations for the various land uses in the City in the various benefiting areas: Sample Calculations Land Use No. of Units or EDU Benefit Benefit FY 06-07 Parcel Size x Factor x Factor = Units Max. Asmt Street Lights, Traffic Signals, Medians Single family home Single family vacant lot Condominium Duplex 4-plex 10 -unit Apartment Mobile Home Park Commercial, Industrial, or Church Commercial, Industrial, or Church Vacant or Park Vacant or Park and Citywide Trees (most parcels in the City) 1 dwelling x 1 x 1.0 = 1.00 $14.30 1 parcel x 0.25 x 1.0 = 0.25 $3.58 1 dwelling x 1 x 1.0 = 1.00 $14.30 2 dwellings x 1 x 1.0 = 2.00 $28.60 4 dwellings x 1 • x 1.0 = 4.00 $57.20 10 dwellings x 0.75 x 1.0 = 7.50 $107.25 21 spaces x 0.5 x 1.0 10.50 $150.15 0.25 acre x 12 x 1.0 = 3.00 $42.90 0.5 acre x 12 x 1.0 = 6.00 $85.80 0.25 acre x 3 x 0.5 acre x 3 x 1.0 = 0.75 $10.73 1.0 = 1.50 $21.45 Street Lights, Traffic Signals, Medians and Citywide Trees and Local Trees Duplex 2 dwellings x 1 x 1.0 = 2.00 $110.74 Commercial, Industrial, or Church 0.25 acre x 12 x 1.0 = 3.00 $166.11 Commercial, Industrial, or Church 0.5 acre x 12 x 1.0 = 6.00 $332.22 Special Area Street Lights, Traffic Signals, Medians and Citywide Trees and Local Trees Commercial, Industrial, or Church 0.25 acre x 12 x 1.0 = 3.00 $201.81 Commercial, Industrial, or Church 0.5 acre x 12 x 1.0 = 6.00 $403.62 Q:\Hermosa Beach\LLMD supptement\reptsldraft rept 3rnay06v2.doc Harris & Associates • • City of Hermosa Beach Landscape and Street Lighting Supplemental Maintenance District Engineer's Report DRAFT May 3, 2006 Page 13 PART D ASSESSMENT ROLL The Assessment Roll is a listing of the proposed assessment for Fiscal Year 2006-07 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of Los Angeles. The Assessment Roll is provided below and is incorporated herein. The description of each lot or parcel is part of the records of the Assessor of the County of Los Angeles and these records are, by reference, made part of this Report. PART E ASSESSMENT DIAGRAM The Assessment Diagram for the Supplemental District is provided on the following page. The lines and dimensions of each lot or parcel within the Supplemental District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report. Q:1Hermosa BeachU.L.MD supplementirepts\draft rept 3may06v2.doc Harris & Associates City of Hermosa Beach • Landscape and Street Lighting Supplemental Assessment District City Council Study Session May 9, 2006 Purpose of Presentation o Review requirements for forming districts • • Explain the proposed formula for spreading the costs • Proposition 21 8 • General vs. Special Benefit • Public Property • o Property Owner Balloting Process Benefit Analysis • Street Lighting • All properties receive a Street Lighting Benefit • Arterial lights - 50% general benefit • Beach lighting on The Strand - general benefit • Special Lighting Area in Downtown • 3 times the lights 4 3 times the benefit Special Street Light Area Legend Pier Ave lest -ill at 41 Ititlit114.1 �'1 f t:411. 'lila' ook yIt t *rJ 7.:'11 'f ll 17- *iyT.4 i V r wiF 4.:::!,:k. :tool - r IJ ,11%...l• rl� t - '' 2' i �,l t AP ,. . ± 'iii'.i=�_, Special Light Area Parcels City Boundary { District Boundary 4 �titi „11'L4ti �' i i �4i1 . � �4tiStiti4ti ��4 ;tit ._ �titi l titi'.ti'.ti11 r� 11i 71 I :+L�'';{''Stiti�'ti'ti'' II II II 11111 wf�ti..4;ti f1;,Li'';Sli till 113111 ti's 111 I I1 1111 I11111 ti4tiF �ti� .1104.7..t `" =1111111111 itis',,i,4� , 11 I I I I I I I I 1 .:.11111111111 5 *' 11.11iuuw : 1111111 1 4i'•t1 ,!11111111111 Pacific Coast Hwy Benefit Analysis • Traffic Signals • • All properties receive a Traffic Signal Benefit • Traffic Signals - 50% general benefit • • Landscaped Medians • Citywide Benefit • All properties receive a Landscaped Median Benefit Benefit Analysis s Street Trees • Local Street Tree Areas • Entryways into the City • 50% Citywide Benefit to all parcels • 50% to Special Benefit Area • • Street Tree Areas t46� 7101 OA 4.14 °AlaIppitor �M111� SOO OS 000 Ittt 11 ui zr-ir 101 p,��'�� 0i � f� 'rte ,,i‘ .401. rrr�r�rrr��r ,���fr�j��i��%�i vow woo 11x11111 s*� •1 ' X111111111111 .. �.�,� +��,`�`��*�� � �• .111111 � � 111111 ��rr r�MiM ���• s idt111► r��*r`���` *` ,o -mai m rte% �11�11 � �titlttlll111tl1t+ �" �llllltlitlhthtl��f � f 1 rrlltr111111111111� 11' • Air �.�11i1�1�xt11111X 11111 1�''�ir� �1�t`�liti���'�tllllllllliilli *M*1 se1�Yl�1 i�yr,�111�111111�1�ti1t�l���l��lllllllllllllllll �� 1�l11t1111111111t1, er�����rrr��� � tal ���•tr _11IIIIIIIIIIIII =1IIIIIIIIIIIIII 1" t�1i1�1 tttilt1111111111IIIIII 000111 111//111 Pier Ave H W E Legend Street Tree Area Future Street Trees Parcels tilitoutv rittows •ty ti 4:0 I- i Ira 011111111 �}F1 ovillo 0001 lattlatiVitt �ryr 000 iii± 17110110+t »�l0�r Aviation Blvd ttii►lilr rllr�� 1111111101111111$11114 <11110111 1$111 10111111111111 111101111111 11111111111111 Iii" it+�ly� t �� �r 1111711111111011 'rrt1*r f, '�1�1 ttt�lttt11�1t°it1 lr vittottuouto iiiillllliiit 53 E31 i r • PO,•• i t14 - *1t 11o wo 0011.0 �11111t1t1� • .1111111: Pacific Coast Hwy Sheet 2of2 4/25/06 Preliminary Cost Estimate O&M Total FY 06-07 Unit O&M Admin. Annual Quantity Cost Costs Costs Costs Street Lights 1,413 each $337.00 $476,181 Less 50% Arterial General Benefit (306) each $168.50 ($51,561) Less Strand Beach Lights (30) each $337.00 ($10,110) $414,510 $37,770 $452,280 Traffic Signals $14,000 Less 50% Signal General Benefit ($7,000) Street Trees • Medians $7,000 $638 $7,638 192 each $74.00 $14,208 $1,295 $15,503 $69,757 $6,356 $76,113 Subtotal Annual Costs: $505,475 $46,059 $551,534 Landscaping and Street Lighting District revenue, Tess general benefit amounts: ($386,243) Total to Supplemental Assessment: $165,291 Equivalent Dwelling Unit (EDU) Land -Use Category Basic Unit EDU Rates • Single Family Residential (SFR) • Condos and 2, 3 and 4-plex • Multi -Family Residential • Mobile Home Park • Non -Residential Based on the average SFR parcel density of 12 DU / Acre • Vacant SFR lots • Vacant / Parks 1 D.U. 1 D.U. 1 D.U. 1 space 1 acre 1 parcel 1 acre 1.0 EDU / DU 1.0 EDU / DU 0.75 EDU / DU 0.5 EDU /Space 12.0 EDU /Acre 0.25 EDU / Parcel 3.0 EDU /Acre D.U. = Dwelling Unit Street Light Rate Calculation • Land Use Parcel Dwelling Count Units Benefit Acres EDU's Units Single Family Res (SFR) Condominium and 2, 3 and 4-plexes Multi -Family Res (5 units or more) Mobile Home Parks Churches Non -Residential Schools Single Family Vacant Vacant / Park • Special Lighting Area Non -Residential 3,150 2,953 178 3 8 392 7 91 92 3,150 4,734 1,898 81 3,150.000 3,150.000 4,734.000 4,734.000 1,423.500 1,423.500 40.500 40.500 3.34 40.130 40.130 83.98 1,007.817 1,007.817 17.44 209.256 209.256 22.750 22.750 93.14 279.413 279.413 40 5.42 65.055 195.165 6,914 9,863 203.32 10, 972.421 11,102.531 FY 06-07 Est. Costs / Benefit Units = FY 06-07 Max. Rate $66,037 / 11,102.531 = $5.95 / BU Medians / Signals Rate Calculation Land Use Parcel Dwelling Benefit Count Units Acres EDU's Units Single Family Res (SFR) 3,150 3,150 3,150.000 3,150.000 Condominium and 2, 3 and 4-plexes 2,953 4,734 4,734.000 4,734.000 • Multi -Family Res (5 units or more) 178 1,898 1,423.500 1,423.500 Mobile Home Parks 3 81 40.500 40.500 Churches 8 3.34 40.130 40.130 Non -Residential 432 89.40 1,072.872 1,072.872 Schools 7 17.44 209.256 209.256 Single Family Vacant 91 22.750 22.750 Vacant / Park 92 93.14 279.413 279.413 • 6,914 9,863 203.32 10, 972.421 10, 972.421 FY 06-07 Est. Costs / Benefit Units = FY 06-07 Max. Rate Traffic Signals $7,638 / 10,972.421 = $0.70 / BU Medians/Citywide Trees $83,865 / 10,972.421 = $7.65 / BU Street Tree Rate Calculation Current Street Tree Area Land Use Parcel Dwelling Benefit Count Units Acres EDU's Units Condominium and 2, 3 and 4-plexes 2 4 4.000 4.000 II Churches 1 13.19 6.683 6.683 Non -Residential 104 14.75 177.023 177.023 Vacant / Park 5 0.36 1.083 1.083 Future Street Tree Areas Land Use 112 4 28.30 188.789 188.789 Parcel Dwelling Benefit Count Units Acres EDU's Units • Condominium and 2, 3 and 4-plexes Non -Residential 1 4 4.000 4.000 17 12.21 146.505 146.505 18 4 12.21 150.505 150.505 FY 06-07 Est. Costs / Benefit Units = FY 06-07 Max. Rate $7,752 / 188.789 = $41.07 / BU Typical Annual Charge • Most parcels in the City (-70% of parcels): • Single Family Residential & Condo (SFR) • $14.30 per SFR per year • Non -Residential Property: • $42.90 per 1/4 acreper year • With Local Trees: $166.11 per 1/4 acre per year • With Local Trees and Special Lights: $210.81 per 1/4 acre per year • • Cost of Living Escalator s Consumer Price Index (CPI) • Maximum rate increases each year • Annual rate is set by City Council s Annual rate cannot exceed maximum without another vote Schedule for Proceeding Task Est. Date May Jun Jul Au • City Council Study Session 9 -May -06, Resolution of Intention 23 -May -06 I Notice and Ballot Production and Mailing by 9 -Jun -06 45 -day Noticing Period thru 25 -Jul -06 Property Owner Information Meeting(s) Jun -Jul -06 ■ Public Hearing 25 -Jul -06 Ballot Tabulation thru late Jul -06 Council Meeting receiving Balloting Results 8 -Aug -06 _ Initial Submittal to County by 10 -Aug -06 Honorable Mayor and Members of The Hermosa Beach City Council May 3, 2006 ...5h Regular Meeting of May 9, 2006 PROJECT NO. CIP 04-116 PIER AVENUE STREET IMPROVEMENTS, PILOT STRIPING AND RE -STRIPING NORTH PIER PARKING STRUCTURE AWARD CONTRACTS Recommendation: It is recommended that the City Council: 1. Authorize the award of a construction contract for the Pier Avenue from Valley Drive to Hermosa Avenue Pilot Striping Project to PCI of Long Beach, California, in the amount of $40,476.10, and approve first change order reducing the scope of work by $15,627.80, for a new total contract amount of $24,848.30; 2. Authorize an appropriation of $20,000 from the Downtown Enhancement Fund for the re - striping of the North Pier Parking Structure; 3. Authorize the award of a construction contract for the North Pier Parking Structure Re - Striping Project to PCI of Long Beach, California, in the amount of $17,400; 4. Authorize the Mayor to execute and the City Clerk to attest the Contracts subject to approval of the City Attomey; and 5. Authorize the Director of Public Works to issue change orders up to $3,500 for the Pier Avenue Striping Project and $2,600 for the Parking Structure Re -striping Project. Background: The City Clerk received one bid for the Pier Avenue From Valley Drive To Hermosa Avenue Pilot Striping Project and North Pier Parking Structure Re -Striping Project by the closing date of April 27, 2006. The bid was publicly opened and read aloud. The result was as follows: Company Bid Amount PCI $57,876.10 At the beginning of the bid period, the Notice Inviting Bids was sent to Orange County Striping, J & S, PCI and Sudhaker. With the exception of PCI, all of these contractors indicated interest but did not pick up a bid package due to excessive business volume. In addition to these contractors, staff contacted the following firms: A-1 Paving & Construction, Inc.; A Sure Stop Co.; ACE Sandblasting Corp.; Alliance Streetworks, Inc.; Alatex Striping; Asphalt Professionals, Inc.; California Pavement Services, Inc.; Coastal Traffic Systems; Excel Paving; Pacific Striping Co.; South Coast Striping; and Sully Miller Contracting. Excel Paving is listed as a subcontractor to PCI. Another firm, Absolute Maintenance Co., picked up plans but did not submit a bid. PCI's bid included a "Unit Price Bid Schedule" (see Attachment No. 1) which breaks out the cost of the Parking Structure re -striping at $17,400 (Bid Item No. 12). It also breaks out the cost to remove the existing raised median islands and construct new islands for the stop signs at the intersection of Pier Avenue and Monterey Avenue at a net cost of $15,627.80 (Bid Item Nos. 3, 6, and 11) . PCI has agreed to the award of the Parking Structure Re -Striping as a separate project at the same $17 400 d • • contract amount. PCI has also agreed to reduce the scope of work for the Pier Avenue Pilot Striping Project to eliminate Bid Item Nos. 3, 6, and 11. Public Works personnel will perform this work. PIER AVENUE PILOT STRIPING PROJECT The proposed Pier Avenue, PCH to Hermosa Avenue Street Improvement Project (CIP No. 04-116) is budgeted for design and construction in FY 06-07. The scope of this project will include reconstruction of street pavement and sidewalk along Pier Avenue between PCH and Hermosa Avenue. Before beginning design of this street improvement project, it is staffs recommendation that an option be considered that would reduce the number of travel lanes to one lane in each direction with a center two-way left tum lane between Bard Avenue and Palm Drive at the same time retaining the diagonal parking and widening the sidewalks from 10 feet to 15 feet. Changing Pier Avenue to this configuration was proposed in the Pier Avenue Master Plan which was part of the Pier Plaza improvements. The advantages of this proposal are as follows: • Wider sidewalks will create a more pedestrian friendly environment, allowing for the addition of parkway trees, street furniture, and potential use for outdoor dining encroachments. • Narrows crosswalks across Pier Avenue for safer pedestrian crossings. • Widens the diagonal parking area from 13.5 feet from curb to 18 feet from curb. This will allow vehicles to back out far enough to see oncoming traffic before entering the travel lane. The existing diagonal parking does not allow for adequate sight distance. It is staff's observation that this causes under -utilization of the number two lane. Staff proposes to re -stripe Pier Avenue in order to simulate the proposed one -lane of traffic in each direction with center tuming lane as a test project for a period of three months to determine traffic impact (see Attachment No. 2 — Street Sections). On January 18, 2006, the Public Works Commission held a Public Hearing to consider this pilot striping project on Pier Avenue (See attached minutes). The Commission heard public comment from the community and Pier Avenue business owners, who expressed concem regarding the potential traffic impacts. The City'straffic engineering consultant stated that one lane in each direction should be adequate to handle the traffic counts for this roadway. The Commission voted 4 to 1 in favor of implementing this pilot project. Staff believes that the center tuming lane will alleviate many of the concerns expressed by residents and business owners, and therefore recommends approval of this pilot project. It is staff's desire to implement this striping change as soon as possible to experience traffic impacts while school is still in session and then to also experience summer traffic. Of course, if the traffic impacts caused by this test are totally unacceptable, the test can be terminated at any time and striping retumed to the existing layout. NORTH PIER PARKING STRUCTURE The existing public parking layout at the North Pier Parking Structure includes 209 compact parking spaces that are 7'-6" wide, 84 standard parking spaces that are 8'-6" wide, and 7 handicap spaces. The layout of compact parking spaces has proven to be ineffective during peak periods as several spaces are lost due to double parking of standard size and larger size vehicles. The proposed work at the North Pier Parking Structure consists of removing the striping for 202 compact parking spaces and replacing them with 164 standard size parking stalls measuring either 8'-6" or 9'-0" wide. The parking spaces located in the basement level are designated for use by the adjacent hotel and will remain unchanged. The bid schedule submitted by PCI indicates that $17,400.00 of the submitted bid of $57,876.10 is designated for this parking structure re -striping project. 2 • Staff reviewed the low bidder's documents and found them to be in order. Reference calls were supportive of the contractor's work habits. Fiscal Impact: The total contract amount plus contingency for CIP 04-116 Pier Ave. Street Improvements is $28,348.30 and sufficient funds are available in account 146-8116-4201 for this portion of the capital improvement project. An additional appropriation of $20,000 from the Downtown Enhancement Fund (109-3304-4201) is necessary to award the contract for the re -striping of the parking structure. Attachments: 1. Bid 2. Street Section breakdown for temporary striping 3. January 2006 PW Commission meeting minutes Respectfully submitted, Richar. Morgan Director of Public Works/City Engineer Noted For Fiscal Impact: Viki Copeland Finance Director Concur: F:1b951pwfileslccitems104-116 Pier Ave striping; prkng structure striping 5-9-06.doc 3 • • CONTRACTOR: �G✓ A1sr •-`Y- C! 4 No,:, 14.7:44..rYtiC D .(CjYf�^w+M�itt.tM*. .^gT-' ''S4f_W j"f1e !}.1Q• G A.%� !�AC` V.` ' .r`C? t1 1. C ©y T,>^i!y. ,1-* _-'iSJ kJ..:M Qty.._ 6j-4'z F {.!j`S''} `L'• S t "i LC % v r; 10 ti,:RE CtpI;�! KGi ` h2 Z : ©. 4... • 6 1 MOBILIZATION (Not to Exceed 10% of Bid) 1 LS 3125. 3125 .ate 40 2 TRAFFIC CONTROL 1 LS 1 alb- 1150S ,gd REMOVE EXISTING RAISEED MEDIAN ISLANDS `'o ' - 3 CURB/GUTTER/INLAID A.C. 360 SF (S • SOS-2- OS-LREMOVE REMOVEEXISTING RAISED PAVEMENT 0 4 MARKERS AND CONFLICTING SIGNAGE 1 LS 115t° (tom icc 5 REMOVE EXISTING STRIPING (Sandblast) 8,40 0 LF 1.3'15 7c� INSTALL 6" ASPHALT CONCRETE PAVEMENT OVER COMPACTED NATIVE SAND REPLACING lS 4l -7S- , 6 ISLANDS 13 TN ` • 4,20 3312 ,(dJ _ =.7.- RAPID DRYING PAINT -DOUBLE LINE STRIPING 0 LF *51U 5,40 ='2.316 xo 8 RAPID DRYING PAINT- SINGLE LINE STRIPING 0 LF .1-11-1 9 RAPID DRYING PAINT - PARKING STRIPING 3,20��, 0 LF 2,112 , 10 RAPID DRYING PAINT - PAVEMENT LEGENDS 11 EA 15 1. INSTALL TEMPORARY ASPHALT RAISED 111-51:, Soper .9 11 ISLANDS ON TOP OF AC PAVEMENT - 4 EA 12 North Pier Parking Structure Re -Striping 1 LS (1I (li 11 03 TOTAL IS -71F710, ATTACHMENT I 5TRE1iT SEcTIoiiS oo.o WAL1c. 45 0 DING• PP)R$1N6 1.wo ' Wi3Nb 1 45' 1 wP.L 4. -rug NI PAgidlo PRoPoSED# 9U114) -our F476 LANE 100.0 3.0 STRIPED MEDIAN /--10.0 13.5 12.5 12. 12.5 t 12.5_ 1 13.5 t 10.0 45 DEGREE PARKDIG 45 DEGREE PARiCHG • EXISTING STRIPING --10.0 L 100.0 20.0 TWO-WAY LEFT -TURN LANE 12.010.0I0.012.0.{�16. lQ.O45 DEGREE -- II PARK TEMPORARY STRIPING ATTACHMENT 2 PUBLIC WORKS COMMISSION MEETING OF WEDNESDAY, JANUARY 18, 2006 CITY HALL, COUNCIL CHAMBERS 1315 VALLEY DRIVE 7:00 P.M. MINUTES The meeting was called to order at 7:05 p.m. The transfer of Chair and Vice Chair positions was completed before roll was taken. Victor Winnek is now Chairman and Michael DiVirgilio is now vice chairman. 1. Roll CaII Present: Commissioners Beste, DiVirgilio, Lombardo, Marinelli, Winnek Also Richard Morgan, Director of Public Works/City Engineer Present: Michael Flaherty, Public Works Superintendent Rhea Punneo, Administrative Assistant, Public Works Department Absent: None 2. Flag Salute Commissioner Winnek led the flag salute. 3. Approval of Minutes Minutes of September 28, 2005, approved as amended to include Commissioner DiVirgilio as speaker on item 4, page 9. Minutes of October 19, 2005, approved as amended to include additional explanation by Commissioner Beste with regard to item 6d regarding installation of street Tight in Noble Park on page 6. He expanded on his reason for voting no on the issue due to preference for a more comprehensive lighting plan for the park as opposed to installing a street Tight. 4. Public Comments Betty Ryan, 588 20th Street, addressed the commission to thank them for recent changes to the quality of street maintenance for 20th Street. 5. Correspondence None 6. Items for Commission Consideration a. Pier Ave. Improvement Project Mr. Morgan presented the item which included a slide show prepared by Dino D'Emilia of PSOMAS conveying options for the temporary striping of Pier Ave. from PCH to Hermosa ATTACHMENT 3 Ave. for refurbishment• year through Prop C funding. Improvements would include reconstruction of pavement, installation of new sidewalks, and the addition of palm trees and bus stops. The proposal also included a traffic survey to study the impact on traffic flow in surrounding areas. General discussion among the commissioners highlighted the following: • When asked by Commissioner Winnek if egress from the City would be a problem, Mr. Morgan said that provisions could be made in the future to re -stripe the street to change to parallel parking adding another two lanes of travel if needed. • Commissioner DiVirgilio expressed interest in making sure traffic studies were completed and also that parking would not be disrupted. • Commissioner Lombardo requested clarification as to which was the favorite diagram, two- lane or four -lane; Mr. Morgan expressed that although both had their good points, he wanted to make sure the commission investigates all options to make the best decision. Coming forward at this time to address the commission were: Stephen Goodell, 1322 Sunset Drive, stated that he is in favor of the proposal and liked alternate A with two lanes of traffic. Frank Halistein, owner of Hermosa Lock & Safe on Pier Ave., was in general support of improvement but expressed concern with ability of customers to reach businesses with changes. Ann Sullivan, 60 18th Street, stated that her quality of life has gone down since changes to Pier Ave. bar section. She feels that traffic is already slow and dangerous and is in opposition of changes especially considering the possible inability of fire department to enter/exit. In response to her comments, Mr. Morgan noted the street area by the fire station will remain unchanged with two lanes in each direction. Eric Bails, 1815 Road Street, wanted the commission to define exactly what problem needed fixing. Jim Lissner, Hermosa Beach, stated that upper Pier Ave. has become vibrant and is a great place for business. He believes there are better places in Hermosa Beach to improve with this funding. Gary Kazanoian, 1021 Loma Drive, business owner at 423 Pier Ave., inquired as to how long improvements would take and was concerned about the impact to his business due to traffic. In response, Mr. Morgan stated that the work would be phased to minimize impact to businesses and may be approximately six months. Patricia Hausler, 1322 Sunset Drive, stated that she is in support of refurbishing Pier Ave. but is opposed to more outside dining due to horrendous noise levels. She stated that despite being in favor of having the sidewalks widened, she is fearful of traffic problems created by narrowing street to one lane. Public Works Commission 2 1118/06 Ken Klade, 437 Pier Ave., is excited about project and feels at upper Pier Ave. is in need of rejuvenation. He did express concem for amount of time for project length but still fully supports the project. Mark Bonifazio, owner of the coin laundry at 511 Pier Ave., agreed that Pier Ave. does need rejuvenation and also wishes for minimal construction time so as not to impact his business. He also thanked Commissioner Marinelli for keeping link of communication to the commission open. Patty Egerer, 925 15' Place, wants merchants to have no encroachment to sidewalk as she feels it would be tacky. She believes there should be an encroachment fee structure if allowed. She is in support of four lanes. Rick Hankus, owner of Java Man, 157 Pier Ave., commends plan and thinks it is nice that the City is cleaning up Pier Ave.. Alex Manners, 1207 Cypress Street, wanted commission to remember north/south streets in traffic study, not only east/west when surveying impact on traffic. Dave Buckland, 1937 Valley Drive, stated that as organizational chair of the Hermosa Beach Art Walk he wants to increase the level of creativity and enjoyment on Pier Ave. and he is in favor of the project to increase quality of life in the City. Norm Coe with Baker, Burton & Lundy at 515 Pier Ave., came on behalf of Al Lundy to share concerns about the project. He believes one lane of traffic as in option A will give visitors a perception of being unsafe, especially during the daytime and expressed preference for option B. Ed Hart, 419 Pier Ave., inquired about the traffic study and how the City would know if the proposed option was successful. Mr. Morgan responded by stating that after the temporary striping there would be another commission meeting. Becher Anderson, 25 17th Street, and owner of property at 237 Pier Ave., felt reconstruction of Pier Ave. was a solution looking for a problem and wanted the option of not changing anything. He also noted that he felt there was inadequate notification for the hearing and no notice to property owners. His reasons for opposition are diminished access/egress from City and false safety during striping phase for drivers because of inaccurate measurements in comparison to proposed permanent measurements. Dr. Ed Connauqhton, 440 Pier Ave., sees future problems for parking with too many people coming in because of changes and fears businesses having to leave due to more bars and restaurants with no place for smaller businesses. General discussion among the commissioners highlighted the following: • Commissioner Lombardo noted that although everyone wants wider streets and sidewalks and more parking there are only so many feet to work with and liked the idea of temporary striping with additional hearings on the issue in the future. She expressed concem about left - tum capability with the design and possible dangers of backing out into one lane and was concerned with how that would affect traffic. • Commissioner DiVirgilio commented that this change would be an elegant and smooth solution to increase safety when crossing Pier Ave. in and around the upper portion of the Public Works Commission 3 1/18/06 • • street. He supports option A for a test period and notes that the commission is looking for ways to improve the City for everyone's quality of life. • Commissioner Marinelli stated that the commission needs to think of wide-ranging plans for the future and for what is best for everyone in the community. He also noted that acquiring the Self Storage space will alleviate some parking concerns in the future by a possible parking structure. He feels that business owners in upper Pier Ave. deserve renovation and that improvements may help keep patrons longer than a one-stop shopping trip. • In addition, Commissioner Marinelli also noted that adjustments will be made for evacuation problems and that many specifics can be worked out as things progress. • Commissioner Beste expressed that narrowing the crossing area for pedestrians will be a positive improvement. He noted that if cars are going slower they make less noise; however, he believes that it may create a problem to have cars backing out into one lane. He suggested a joint meeting between the Planning Commission and Public Works Commission and agreed with a test period for the project. In response to a question by Commissioner DiVirgilio, Mr. Morgan explained that Prop C funding was grant funds that are not out of the City's general fund, and they are to be used for transportation related projects. It was also mentioned that Pier Ave. was in need of refurbishing due to problems with drainage and bus stops and this would be the perfect time to refurbish the entire street. Commissioner Winnek supports the idea of testing the project to consider options as a fact-finding phase. He commented that notice for the meeting was sufficient and published in a timely manner. Although he feels the project is a good one, he is not in support of the project so as to maintain consistency with views and votes on east/west arteries on Pier Ave.. MOTION by Commissioner Beste to proceed with test of option A for six months maximum and revisit the commission at earlier point if public outcry is overwhelming. Seconded by Commissioner Marinelli. AYES: Beste, DiVirgilio, Lombardo, Marinelli NAYS: Winnek ABSENT: None ABSTAIN: None 7. Commissioners' Reports Mr. Flaherty reminded public of annual hazardous waste roundup. Mr. Morgan gave update on recent sewage spill and beach advisory and stated that Supervisor Knabe is leading big effort to get accountings of facts to reduce possibility of reoccurrence. Commissioner Lombardo inquired about how left and right turn lanes at Pier Ave. and Pacific Coast Highway have been working out. In response, Mr. Morgan stated that there had been no complaints and noted that Caltrans believes pedestrian crossing is safer and great improvement. Commissioner Lombardo also inquired about trees on Aviation, and Mr. Morgan responded that the project is funded and hopes for it to be implemented by the end of the fiscal year. Public Works Commission 4 1/18/06 Public Works Department • Mr. Morgan reported that the Centennial Committee meeting had adopted and supports the Surf Legends Memorial Fountain, will also be known as the Centennial Gateway Fountain. The reports were received by Commissioner Winnek. 9. Items Requested by Commissioners None 10. Other Matters Commissioner DiVirgilio requested update on traffic signal at 16th Street and PCH. In response, Mr. Morgan stated that the matter will be noticed to the public and brought before the commission at next meeting. He stated that Council did not instruct delay or stop of signal. Commissioner DiVirgilio noted incidences of approximately three traffic collisions on PCH heading southbound between 2nd Street and 6th Street in less than six months and inquired as to possible reasons for such activity. Mr. Morgan replied that he would inquire with traffic engineer. 11. Public Comment None 12. Adjournment Commissioner Winnek adjoumed meeting at 9:05 p.m. to February 15, 2006. CERTIFICATION I hereby certify that the foregoing minutes are a true and complete record of the action taken by the Public Works Commission of Hermosa Beach at the regularly scheduled meeting of January 18, 2006. Victor Winnek, Chairman Richard D. Morgan, P.E., Secretary Date Public Works Commission 5 1/18/06 May 3, 2006 Honorable Mayor and Members of the Hermosa Beach City Council OA' Regular Meeting of May 9, 2006 ORDINANCE PROHIBITING SMOKING ON THE BEACH AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE Recommendation: That the City Council review and adopt the attached ordinance prohibiting smoking on the beach. Background: Mayor Tucker requested that the City Council consider adopting a smoking prohibition on the beach. Staff has drafted the attached ordinance for your review and consideration. As you are aware, many of the cities on the Santa Monica Bay have, over the last two years, adopted smoking prohibitions on their beaches. Those in the South Bay include Manhattan Beach, Redondo Beach and El Segundo. Malibu and Santa Monica have also enacted smoking prohibitions. The enforcement of the ordinance and education has been done with signage in the other cities that enacted smoking prohibitions. Stephen R. Burrell City Manager 6e ORDINANCE NO. AN ORDINANCE PROHIBITING SMOKING ON THE BEACH AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE. The City Council of the City of Hermosa Beach does ordain as follows: Section 1. Section 8.40.020 of Title 8, Chapter 8.40 of the Hermosa Beach Municipal Code is hereby amended by adding thereto a new paragraph C. to read as follows: C. The beach. The "beach" means that certain strip of land within the City Tying between the westerly line of the Strand and the line of the ordinary tide of the Pacific Ocean. Section 2. Title 12, Chapter 12.20 of the Hermosa Beach Municipal Code is hereby amended by adding thereto a new Section 12.20.125 to read as follows: 12.20.125 Smoking. No person shall smoke on the beach. "Smoking" is as defined in section 8.40.010 of this Code. A violation of this section shall be an infraction. PASSED, APPROVED AND ADOPTED this day of , 2006. MAYOR Attest: City Clerk • May 3, 2006 Honorable Mayor and Members of the Hermosa Beach City Council • g /7),(7 Regular Meeting of May 9, 2006 REQUEST FROM THE SOUTH BAY COASTLINERS TO WANE BANNER INSTALLATION FEE Recommendation: That the City Council consider the request to waive the $418 banner fee. Background: A letter from the South Bay Coastliners is attached requesting the fee waiver. As you are aware, the fees have been waived from time to time for groups providing a community service or benefit. Respectfully submitted, S ephen R. Bu ell City Manager • South Bay COASCLFPERS "Over fifty }'ears of 5-farmony" Chapter No. D12 of the Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America RECEIVED P.O. Box939, *dond° Beach, CA 90277 APR 2 4 2006 Per April 21, 2006 Mr. Steve Burrell and Members. of the City Council Civic Center 1315 Valley Drive Hermosa Beach, CA 90254-3885 Re: Request for Waiver of Banner Hanging Fee Gentlemen: Thisjs a.request:that:the;$4'18.fee for hanging the_streetbanner.advertising our .. anmal shot.at.ill!,h,P.-tran.diPaGific.Coast Uighway,.;Hermosa Be..ach: ' ' For; I°<_believe, 5.'years;:ottr :organization :has .presented our .annual :show at the Hermosa: _ Beach :Theater : on :the .:first weekend -in: June. We also produce Harmony Sweepstakes -annually in that theater, usually in early spring. Harmony Sweepstakes is the regional semi-final of a national a capella contest. The South Bay Coastliners are the sponsors of this event for the southwestern division. This year Harmony Sweepstakes was held on April 1. Our show, The Aviationist, The "True" story of-. Howard Hughes, will be held on June 2,3 (2 shows) and 4 (matinee only). Like all of our shows, it . has a story line that is complete buffoonery.' tying together our musical performance and the audience invariably leaves the theater with huge smiles on their. faces. Although widely known as the South Bay Coastliners, our official name, filed with the California Secretary of State, is Chapter D012 of the Society For the Preservation.. and. Encouragement of Barbershop Quartet Singing In America, }:..:Two: years. ago. the parne..was ::changed to,.Barbershop Harnc y 'Society,'stQbettei . ref(eei;b:oth _our ;activity., apd, the: international scope, of our activities today. In 1946 the then national society was granted tax exempt :status; as:;amon pro t comrrl4ln ttseiyiee orgiar�izatign.under S c ion 501(c)(3) of r the: InternatReven.ue Code,ap{d its,subojtljnate,units:were:.gfan#ped,silniIar status under Section 501(c)(7) of the Code. �r s The South Bay Coastliners provide services _ in many areas of the local community. Ten years ago we were one of the original sponsors of the.South Bay Children's Choir, providing scholarships to children who would not otherwise be able to participate in the program. We performed at the inaugural New Year's Eve program on Pier Avenue. We have performed at the Arts Alive! Festival at El Camino College. We have performed in parades throughout the South Bay and, in the Christmas season, at malls, senior residences and hospitals and in the King Harbor Boat Parade. I have been told that the City Council often waives the banner hanging fee for organizations like ours and I am asking that you do so for us. Thank you for your interest and attention to our request. Very trul Bernie Baron Treasurer and Show Co -Producer May 2, 2006 Honorable Mayor and Members of the Hermosa Beach City Council 5/0 Regular Meeting of May 9, 2006 1 AB2987 (NUNEZ) — CABLE AND VIDEO SERVICES Recommendation: That the City Council review and consider taking a position on AB2987 Background: I have attached information regarding the bill that has been provided by the League of California Cities. The state legislature is in the process of changing the rules regarding cable and/or video services. This is in response to the market opening up to include telephone companies. The safeguards that we have in our franchise agreements now with both Adelphia and Verizon would be lost under the current proposal. This would include consumer services standards, services provided to schools and libraries, PEG channels and PEG support, right-of-way usage, and potential revenue loss from a statewide franchise. It appears possible that a bill could be crafted that will take into account the issues raised by the League of California Cities. Our own experience with Verizon shows that it is possible to have a franchise that provides the safeguards. A letter expressing these concerns could be forwarded to the legislature and, if changes are not made, then the City Council should consider opposing this bill. Respectfully submitted, Ste f en R. Burrell City Manager 7b Vaal3i1�, CITIES For Immediate Release 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: (916) 658-8200 Fax: (916) 658-8240 www.cacities.org April 6, 2006 Contact: Megan Taylor, (916) 658-8228 Cell: (916) 705-6679 League of California Cities Statement Regarding AB 2987 (Nunez): Cable and Video Service SACRAMENTO, Calif. — The League of Califomia Cities today issued the following statement regarding AB 2987 (Nunez), a bill that would create a new statewide franchise for cable and video service providers: "The League and Califomia cities strongly support greater competition in the delivery of video and Internet services. We understand that competition will produce more affordable services and improve the quality of telecommunications services to city residents. "We have deep concerns, however, about a number of issues in AB 2987. We appreciate the leadership of Assembly Speaker Nunez and Assemblymember Levine in introducing legislation designed to address the "speed to market" concems of new video and Internet providers," said Alex Padilla, President of the League and councilmember in the city of Los Angeles. "We stand ready to work with these leaders and other legislators to address our concerns and ensure that Califomians are provided the kind of cutting edge telecommunication services that our state needs.'" League of California Cities Concerns with AB 2987 (Nunez) Build Out of Telecommunications Services. We are concemed that the build out provisions in AB 2987 will not ensure that video services will be equally available throughout a community. The bill allows video service providers three years to build out video service, and to self -define the area they will service. While they are prohibited from discriminating on the basis of income, they could gerrymander their service area and thereby avoid low income areas. Local govemments will not have the authority to challenge the adequacy of the service area "footprint." Some areas may only be provided satellite or "another altemative technology" — an option provided in the bill when the video service provider is not able to physically build out service to all areas of their service area footprint. The League is concerned that these altematives may not be comparable to service offered in other parts of the service area. Consumer Protection and Customer Service. The bill effectively preempts local government from adopting and enforcing customer service standards for those operators who have received a statewide franchise. This would create a two-tiered customer service standard, with local cable operators subject to local customer service standards, and new statewide franchisees exempt from these standards. Video Services to Libraries and Schools. Currently, most local franchises require cable companies to provide services to schools and libraries. This bill would eliminate this obligation. As a result, children and community members who can't afford the services at home will lose access to these advanced broadband services. PEG Channels and PEG Support. Local agencies would lose control over the determination of the number of public, education and government (PEG) channels needed to properly meet a community's needs. Public Rights -of -Way. It is not clear that local communities would retain their full control over access to local right-of-way. The League believes that the taxpayers' investment in the public right-of-way must be protected with clear city authority over access to the right-of-way. Revenues. AB 2987 does not ensure that cities will be "kept whole" in regard to franchise revenues. While the bill upholds a city's ability to impose a utility user tax, local agencies appear to be prohibited from imposing other local fees and taxes, such as business license taxes, encroachment permit fees and building permit fees. • AMENDED IN ASSEMBLY APRIL 6, 2006 AMENDED IN ASSEMBLY MARCH 30, 2006 CALIFORNIA LEGISLATURE ---2005-06 REGULAR SESSION ASSEMBLY BILL No. 2987 Introduced by Assembly Members Nunez and Levine February 24, 2006 An act to add Article 3.7 (commencing with Section 53058) to Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code, relating to cable and video service. LEGISLATIVE COUNSEL'S DIGEST AB 2987, as amended, Nunez. Cable and video service. Existing law provides that any city -or, county, or city and county may authorize by franchise or license the construction and operation of a community antenna television system and prescribe rules and regulations to protect the subscribers. Existing law provides that cable and video service providers comply with specified customer service standards and performance standards. This bill would state thc intent of thc Legislature to create the This bill would establish a procedure for state -issued authorizations for the provision of cable service or video service that would,be administered by the Department of Corporations. The departent would be the sole franchising authority of state -issued authorizations to provide cable or video services. The bill would require any person who seeks to provide cable service or video service in this state to file an application with the department for a state -issued authorization. 97 AB 2987 —2 — Current franchise holders would be eligible to apply for state -issued authorizations on the expiration oftheir current franchise agreements. Cities, counties, or cities and counties would receive fees for cable or video services provided within their jurisdictions, based on gross revenues, pursuant to specified procedures. The bill would require these local agencies to permit the installation of networks. by holders of state -issued authorizations and would preclude enforcement of standards by the local agencies. Vote: majority. Appropriation: no. Fiscal committee: rte -yes. State -mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Article 3.7 (commencing with Section 53058) is 2 added to Chapter 1 of Part 1 of Division 2 of Title 5 of the 3 Government Code, to read: 4 5 Article 3.7. The Digital Infrastructure and Video Competition 6 Act of 2006 7 8 53058. This act shall be known and may be cited as the 9 Digital Infrastructure and Video Competition Act of 2006. 10 53058.1. (a) • This article shall be known and may be cited as 11 the Digital Infrastructure and Video Competition Act of 2006. 12 (b) The Legislature finds and declares all of the following: 13 (1) Video and cable services provide numerous benefits to all 14 Californians including access to a variety of news, public 15 information, education, and entertainment programming. 16 (2) Increased competition in the cable and video service sector 17 provides consumers with more choice, lowers prices, speeds the 18 deployment of new communication and broadband technologies, 19 creates jobs, and benefits the California economy. 20 (3) To promote competition, the state should establish a 21 state -issued franchise authorization process that allows market 22 participants to use their networks and systems to provide video, 23 voice, and broadband services to all residents of the state. 24 (4) Legislation to develop this new process should adhere to 25 the following principles. 97 • — 3 — AB 2987 1 (i) Create a fair and level playing field for all market 2 competitors that does not disadvantage or advantage one service 3 provider or technology over another. 4 (ii) Promote the widespread access to the most technologically 5 advanced cable and video services to all California communities 6 in a nondiscriminatory manner regardless of socioeconomic 7 status. 8 (iii) Protect local government revenues and their control of 9 public rights of way. 10 (iv) Require market participants to comply with all applicable 11 consumer protection laws. 12 (v) Complement efforts to increase investment in broadband 13 infrastructure and close the digital divide. 14 (vi) Continue access to and maintenance of the public, 15 education, and government (PEG) channels. 16 53058.2. For purposes of this article, the following words 17 have the following meanings: 18 (a) "Cable operator" means any person or group of persons 19 that either provides cable service over a cable system and 20 directly, or through one or more affiliates, owns a signfcant 21 interest in a cable system; or that otherwise controls or is 22 responsible for, through any arrangement, the management and 23 operation of a cable system, as set forth in Section 522(5) of Title 24 47 of the United States Code. 25 (b) "Cable service" is defined as the one-way transmission to 26 subscribers of either video programming, or other programming 27 service, and subscriber interaction, if any, that is required for the 28 selection or use of video programming or other programming 29 service, as set forth in Section 522(6) of Title 47 of the United 30 States Code. 31 (c) "Cable system" is defined as set forth in Section 522(7) of 32 Title 47 of the United States Code. 33 (d) `Department" means the Department of Corporations. 34 (e) "Franchise" means an initial authorization, or renewal of 35 an authorization, issued by a franchising entity, regardless of 36 whether the authorization is designated as a franchise, permit, 37 license, resolution, contract, certificate, agreement, or otherwise, 38 that authorizes the construction and operation of a cable system 39 in public rights-of-way. 97 AB 2987 —4- 1 (9 "Franchising entity" means the city, county, or city and 2 county entitled to require franchises and impose fees on cable 3 operators, as set forth in Section 53066. 4 (g) "Incumbent cable operator" means the cable operator 5 serving the largest number of cable subscribers in a particular 6 city, county, or city and county franchise area on the effective 7 date of this article. 8 (h) "Local entity" means any city, county, or city and county 9 within the state within whose jurisdiction a holder of a 10 state -issued authorization under this article may provide cable 11 service or video service. 12 (i) "Network" means a component of a facility that is wholly 13 or partly physically located within a public right-of-way and that 14 is used to provide video service, cable service, or voice or data 15 services. 16 (j) "Public right-of-way" means the area along and upon any 17 public road or highway, or along or across any of the waters or 18 lands within the state. 19 (k) "Subscriber" means a person who lawfully receives cable 20 service or video service from the holder of a state -issued 21 authorization or franchise for a fee. 22 (1) "Video programming" means programming provided by, 23 or generally considered comparable to programming provided 24 by, a television broadcast station, as set forth in Section 522(20) 25 of Title 47 of the United States Code. 26 (m) "Video service" means video programming services 27 provided through wireline facilities located at least in part in 28 public rights-of-way without regard to delivery technology, 29 including Internet protocol technology. This definition does not 30 include any video programming provided by a commercial 31 mobile service provider defined in Section 322(d) of Title 47 of 32 the United States Code. 33 (n) "Video service provider" means an entity providing video 34 service. This tern does not include a cable operator. 35 53058.3. (a) The Department of Corporations is the sole 36 franchising authority for a state -issued authorization to provide 37 cable service or video service under this article. Neither the 38 department nor any franchising entity or other local entity of the 39 state may require the holder of a state -issued authorization to 40 obtain a separate franchise or otherwise impose any fee or 97 — 5 — AB 2987 1 requirement on any holder of a state -issued authorization except 2 as expressly provided in this article. Sections 53066, 53066.01, 3 53066.2, and 53066.3 shall not apply to holders of a state -issued 4 authorization. 5 (b) The application process described in subdivisions (d) and 6 (e) and the authority granted to the department under this section 7 shall not exceed the provisions set forth in this section. 8 (c) Any person who seeks to provide cable service or video 9 service in this state after the effective date of this article shall file 10 an application for a state -issued authorization with the 11 department. The department may impose a fee on the applicant 12 that shall not exceed the actual and reasonable costs of 13 processing the application and shall not be levied for general 14 revenue purposes. 15 (d) The application for a state -issued authorization shall be 16 made on a form prescribed by the department and shall include 17 all of the following: 18 (1) A sworn affidavit, signed by an officer or another person 19 authorized to bind the applicant, that affirms all of the following: 20 (A) That the applicant has filed or will timely file -with the 21 Federal Communications Commission all forms required by the. 22 Federal Communications Commission before offering cable 23 service or video service in this state. 24 (B) That the applicant agrees to comply with all federal and 25 state statutes, rules, and regulations, including, but not limited 26 to, the following: 27 (i) A statement that the applicant will not discriminate in the 28 provision of video or cable services as provided in Section 29 53058.7. 30 (ii) A statement that the applicant will abide by all applicable 31 consumer protection laws and rules as provided in Section 32 53058.8. 33 (iii) A statement that the applicant will remit the fee required 34 by Section 53058.4 to the local entity. 35 (iv) A statement that the applicant will provide PEG channels 36 as required by Section 53058.5. 37 (C) That the applicant agrees to comply with all lawful city, 38 county, or city and county regulations regarding the time, place, 39 and manner of using the public rights-of-way. 97 AB 2987 —6- 1 (2) The applicant's legal name and any name under which the 2 applicant does or will do business in this state. 3 (3) The address and telephone number of the applicant's 4 principal place of business, along with contact information for 5 the person responsible for ongoing communications with the 6 department. 7 (4) The names and titles of the applicant's principal officers. 8 (5) The legal name, address, and telephone number of the 9 applicant's parent company, if any. 10 (6) A description of the service area footprint to be served 11 including the social economic information of all residents within 12 the service area footprint. 13 (7) If the applicant is a telephone corporation, as defined in 14 Section 234 of the Public Utilities Code, a description of the 15 territory in which the company provides telephone service. The 16 description shall include social economic information of all 17 residents within in the telephone corporation's service territory. 18 (8) The expected date for the deployment of video service in 19 each of the areas identified in paragraph (6). 20 (e) (1) The department shall notes an applicant for a 21 state -issued authorization whether the applicant's affidavit 22 described by subdivision (d) is complete or incomplete before the 23 30th calendar day after the applicant submits the affidavit. 24 (2) If the department finds the affidavit is complete, it shall 25 issue a cert f tate of state -issued authorization before the 14th 26 calendar day after thatfinding. 27 (3) If the department finds that the application is incomplete, it 28 shall sped with particularity the items in the application that 29 are incomplete and permit the applicant to amend the application 30 to cure any deficiency. The department shall have 30 calendar 31 days from the date the application is amended to determine its 32 completeness. 33 (4) The failure of the department to notify the applicant of the 34 completeness or incompleteness of the applicant's affidavit 35 before the 44th calendar day after receipt of an affidavit shall be 36 deemed to constitute issuance of the certificate applied for 37 without further action on behalf of the applicant. 38 (f) The state -issued authorization issued by the department 39 shall contain all of the following: 97 • —7— AB 2987 1 (1) A grant of authority to provide cable service or video 2 service, or both, in the service area footprint as requested in the 3 application. 4 (2) A grant of authority to use the public rights-of-way in the 5 delivery of that service, subject to the laws of this state. 6 (3) A statement that the grant of authority is subject to lawful 7 operation of the cable service or video service by the applicant 8 or its successor in interest. 9 (g) The state -issued authorization issued by the department 10 may be terminated by the cable operator or video service 11 provider by submitting notice to the department. 12 (h) Subject to the notice requirements of this article, a 13 state -issued authorization may be transferred to any successor in 14 interest of 'the holder to which the certificate is originally 15 granted. 16 (i) In connection with, or as a condition of receiving a 17 state -issued authorization, the department shall require a holder 18 to notify the department and any applicable local entity within 14 19 business days of any of the following changes involving the 20 holder or the state -issued authorization: 21 (1) Any transaction involving a change in the ownership, 22 operation, control, or corporate organization of the holder, 23 including a merger, an acquisition, or a reorganization. 24 (2) A change in -the holder's legal name or the adoption of or 25. change to, an assumed business name. The holder shall submit to 26 the department a certified copy of either of the following: 27 (A) The amended state -issued authorization. 28 (B) The certificate of assumed business name. 29 (3) A change in the holder's principal business address or in 30 the name of the person authorized to receive notice on behalf of 31 the holder. 32 (4) Any transfer of the state -issued authorization to a 33 successor in interest of the holder. The holder shall idents the 34 successor; in interest to which the transfer is made. 35 (5) The termination of any state -issued authorization issued 36 under this article. The holder shall identify both of the following: 37 (A) The number of customers in the service area covered by 38 the state -issued authorization being terminated. 39 (B) The method by which the holder's customers were notified 40 of the termination. 97 AB 2987 —8- 1 (6) A change in one or more of the service areas of this article 2 that would increase or decrease the territory within the service 3 area. The holder shall describe the new boundaries of the 4 affected service areas after the proposed change is made. 5 6) As a condition of receiving a state -issued authorization, the 6 holder shall notes all applicable local entities that the local 7 entity is included in the holder's service area under the 8 state -issued authorization being issued . and that the holder 9 intends to provide video or cable service in the local entity's 10 jurisdiction. The holder shall give the notice required under this 11 subdivision not later than 10 days before the holder begins 12 providing video or cable service in the local entity's jurisdiction. 13 (k) The department shall develop information guides and other 14 tools to help educate local entities and other interested parties 15 about the various provisions of this article. 16 53058.4. (a) The holder of a state -issued authorization that 17 offers cable service or video service within the jurisdiction of the 18 local entity shall calculate and remit to the local entity a 19 state -issued authorization fee, as provided in this section. The 20 obligation to remit the state -issued authorization fee to a local 21 entity begins immediately upon provision of cable or video 22 service within that local entity's jurisdiction. However, the 23 remittance shall not be due until the time of the first quarterly 24 payment required under subdivision (g) that is at least 180 days 25 after the provision of service began. The fee remitted to a city or 26 city and county shall be based on gross revenues earned within 27 that jurisdiction. The fee remitted to a county shall be based on 28 gross revenues earned within the unincorporated area of the 29 county. No fee under this section shall become due unless the 30 local entity provides documentation to the holder of the 31 state -issued authorization supporting the percentage paid by the 32 incumbent cable operator serving the area within the local 33 entity's jurisdiction, as provided below. The fee shall be 34 calculated as a. percentage of the holder's gross revenues, as 35 defined in subdivision (d). 36 (b) The state -issued authorization fee shall be a percentage of 37 the holder's gross revenues, as defined in subdivision (d), as 38 follows: 39 (1) If there is an incumbent cable operator, 5 percent of the 40 holder's gross revenues or the percentage applied by the local 97 -9— AB 2987 1 entity to the gross revenue of the incumbent cable operator, 2 whichever is lesser: 3 (2) If there is no incumbent cable operator or upon the 4 expiration of the incumbent cable operator's franchise, a local 5 entity may, by ordinance, set the percentage applied to the gross 6 revenues of .all cable operators and video service providers, 7 provided that the fee shall not exceed 5 percent of gross revenues 8 and shall be applied equally to all cable operators and video 9 service providers in the local entity's jurisdiction. 10 (c) No local entity or any other political subdivision of this 11 state may demand any additional fees or charges or other 12 remuneration of any kind from the holder of a state -issued 13 authorization other than as set forth in this section and may not 14 demand the use of any other calculation method or definition of 15 gross revenues. However, nothing in this section shall be 16 construed to limit a local entity's ability to impose utility user 17 taxes under other applicable provisions of state law. 18 (d) For purposes of this section, the term "gross revenues" 19 means all revenue actually received by the holder of a 20 state -issued authorization, as determined in accordance with 21 generally accepted accounting principles, that is derived from 22 the operation of the holder's network to provide cable or video 23 service within the jurisdiction of the local entity, including all of 24 the following: 25 (1) All charges billed to subscribers for any and all cable 26 service or video service provided by the holder of a state -issued 27 authorization. 28 (2) Any fees imposed on the holder of a state -issued 29 authorization by this section that are passed through to, and paid 30 by, the subscribers. 31 (3) Compensation received by the holder of a state -issued 32 authorization that is derived from the operation of the holder's 33 network to provide cable service or video service with respect to 34 commissions that are paid to the holder of a state -issued 35 authorization as compensation for promotion or exhibition of any 36 products or services on the holder's network, such as a "hone 37 shopping" or similar channel, subject to paragraph (4) of 38 subdivision (e). 39 (4) A pro rata portion of all revenue derived by the bolder of a 40 state -issued authorization or its affiliates pursuant to 97 • AB 2987 —10- 1 compensation arrangements for advertising derived from the 2 operation of the holder's network to provide cable service or 3 video service within the jurisdiction of the local entity, subject to 4 paragraph (1) of subdivision (e). The allocation shall be based 5 on the number of subscribers in the local entity divided by the 6 total number of subscribers in relation to the relevant regional or 7 national compensation arrangement. 8 (e) For purposes of this section, the term "gross revenue" set 9 forth in subdivision (d) does not include any of the following: 10 (1) Amounts not actually received, even if billed, such as bad 11 debt; refunds, rebates, or discounts to subscribers or other third 12 parties; or revenue imputed from the provision of cable services 13 or video services for free or at reduced rates to any person as 14 required or allowed by law, including, but not limited to, the 15 provision of these services to public institutions, public schools, 16 governmental agencies, or employees other than forgone revenue 17 chosen not to be received in exchange for trades, barters, 18 services, or other items of value. 19 (2) Revenues received by any affiliate or any other person in 20 exchange for supplying goods or services used by the holder of a 21 state -issued authorization to provide cable services or, video 22 services. However, revenue received by an affiliate of the holder 23 from the affiliate's provision of cable or video service shall be 24 included in gross revenue as follows: 25 (A) To the extent that treating the revenue as revenue of the 26 affiliate, instead of revenue of the holder, would have the effect of 27 evading the payment of fees that would otherwise be paid to the 28 local entity. 29 (B) The revenue is not otherwise subject to fees to be paid to 30 the local entity. 31 (3) Revenue derived from services classified as noncable 32 services or nonvideo services under federal law, including, but 33 not limited to, revenue derived from telecommunications services 34 and information services, and any other revenues attributed by 35 the holder of a state -issued authorization to noncable services or 36 nonvideo services in accordance with Federal Communications 37 Commission rules, regulations, standards, or orders. 38 (4) Revenue paid by subscribers to "home shopping" or 39 similar networks directly from the sale of merchandise through 40 any home shopping channel offered as part of the cable services 97 • —11— AB 2987 1 or video services. However, commissions or other compensation 2 paid to the holder of a state -issued authorization by "home 3 shopping" or similar networks for the promotion or exhibition 4 products or services shall be included in gross revenue. 5 (5) Revenue from the sale of cable services or video services 6 for resale in which the reseller is required to collect a fee similar 7 to the state -issued authorization fee from the reseller's 8 customers. 9 (6) Amounts billed to and collected from subscribers to 10 recover any tax, fee, or surcharge imposed by any governmental 11 entity on the holder of a state -issued authorization, including but 12 not limited to, sales and use taxes, gross receipts taxes, excise 13 taxes, utility users taxes, public service taxes, communication 14 taxes, and any other fee not imposed by this section. 15 (7) Revenue from the sale of capital assets or surplus 16 equipment not used by the purchaser to receive cable services or 17 video services from the seller of those assets or surplus 18 equipment. 19 (8) Revenue from directory or Internet advertising revenue, 20 including but not limited to, yellow pages, white pages, banner 21 advertisement, and electronic publishing. 22 (9) Revenue received as reimbursement by programmers of 23 marketing costs incurred by the holder of a state -issued 24 authorization for the introduction of new programming. 25 (10) Security deposits received from subscribers, excluding 26 security deposits applied to the outstanding balance of a 27 subscriber's account and thereby taken into revenue. 28 (7) For purposes of this section, in the case of a cable service 29 or video service that may be bundled or integrated functionally 30 with other services, capabilities, or applications, the state -issued 31 authorization fee shall be applied only to the gross revenue, as 32 defined in subdivision (d), attributable to cable service or video 33 service, as reflected on the books and records of the holder kept 34 in the regular course of business in accordance with generally 35 accepted accounting principles and Federal Communications 36 Commission or Public Utilities Commission rules, regulations, 37 standards, and orders, as applicable. 38 (g) The state -issued authorization fee shall be remitted to the 39 applicable local entity quarterly, within 45 days after the end of 40 the quarter for the preceding calendar quarter. Each payment 97 • AB 2987 —12 — 1 shall be accompanied by a summary explaining the basis for the 2 calculation of the state -issued authorization fee. 3 (h) Not more than once annually, a local entity may examine 4.. the business records of a holder of a state -issued authorization to 5 the extent reasonably necessary to ensure compensation in 6 accordance with subdivision (a). Each party shall bear its own 7 costs of the examination. Any claims by a local entity that 8 compensation is not in accordance with subdivision (a), and any 9 claims for refunds or other corrections to the remittance of the 10 holder of a state -issued authorization, shall be made within three 11 years and 45 days of the end of the quarter for which 12 compensation is remitted, or three years from the date of the 13 remittance, whichever is later. Either a local entity or the holder 14 may, in the event of a dispute concerning compensation under 15 this section, bring an action in a court of competent jurisdiction. 16 (i) The holder of a state -issued authorization may identify and 17 collect the amount of the state -issued authorization fee as a 18 separate line item on the regular bill of each subscriber. 19 53058.5. (a) The holder of a state -issued authorization shall 20 designate a sufficient amount of capacity on its network to allow 21 the provision of a comparable number of PEG channels or hours 22 of programming, at the holder's discretion, that the incumbent 23 cable operator has activated and provided within the local entity .24 under the terms of any franchise in effect in the local entity as of 25 the effective date of this article. For the purposes of this section, 26 a PEG channel is deemed activated if it is being utilized for PEG 27 programming within the municipality for at least eight hours per 28 day. The holder shall have 12 months from the date the local 29 entity requests the PEG channels to designate the capacity. 30 However, the 12 -month period shall be tolled by any period 31 during which the designation or provision of PEG channel . 32 capacity is technically infeasible, including any failure or delay 33 of the incumbent cable operator to make adequate 34 interconnection available, as required by this subdivision. 35 (b) If no PEG channels are activated and provided within the 36 local entity as of the effective date of this article, a local entity 37 whose jurisdiction lies within the authorized service area of the 38 holder of a state -issued authorization may request the holder to 39 designate not more than a total of three PEG channels in a 40 locality with a population of more than 50,000, or not more than 97 -13 — AB 2987 1 a total of two PEG channels in a locality with a population of = 2 less than 50,000, as determined by the last decennial census. 3 The holder shall have 12 months from the date of the request to 4 designate the capacity. However, _ the 12 -month period shall be 5 tolled by any period during which the designation or provision of 6 PEG channel capacity is technically infeasible, including any 7 failure or delay of the incumbent cable operator to make 8 adequate interconnection available, as required by this 9 subdivision. 10 (c) Any PEG channel provided pursuant to this section that is 11 not utilized by the local entity for at least eight hours per day 12 may no longer be made available to the local entity, and may be 13 programmed at the holder's discretion. At the time that the local 14 entity can certO, to the holder a schedule for at least eight hours 15 of daily programming the holder of the state -issued 16 authorization shall restore the channel or channels for the use of 17 the local entity. 18 (d) The content to be provided over the PEG channel capacity 19 provided pursuant to this section shall be the responsibility of the 20 local entity receiving the benefit of that capacity, and the holder 21 of a state -issued authorization bears only the responsibility for 22 the transmission of that content, subject to technological 23 restraints. 24 (e) The local entity shall ensure that all transmissions, 25 content, or programming to be transmitted by a holder of a 26 state -issued authorization are provided or submitted in a manner 27 or form that is capable of being accepted and transmitted by the 28 holder; without any requirement for additional alteration or 29 change in the content by the holder, over the holder's particular 30 network and that is compatible with the technology or protocol 31 utilized by the holder to deliver services. The provision of those 32 transmissions, content, or programming to the holder of a 33 state -issued authorization shall constitute authorization for the 34 holder to carry those transmissions, content, or programming 35 including, at the holder's option, beyond the jurisdictional 36 boundaries of that local entity. 37 (i) Where technically feasible, the holder of a state -issued 38 authorization and an incumbent cable operator shall negotiate in 39 good faith to interconnect their networks for the purpose of 40 providing PEG programming. Interconnection may be 97 • AB 2987 -14- 1 accomplished by direct cable, microwave link satellite, or other 2 reasonable method of connection. Holders of a state -issued 3 authorization and incumbent cable operators shall provide 4 interconnection of PEG channels on reasonable terms and 5 conditions and may not withhold the interconnection. If a holder 6 of a state -issued authorization and an incumbent cable operator 7 cannot reach a mutually acceptable interconnection agreement, 8 then the duty of the holder of a state -issued authorization shall be 9 discharged if the holder makes interconnection available to the 10 channel originator at a technically feasible point on the holder's 11 network 12 (g) A holder of a state -issued authorization shall not be 13 required to interconnect for, or otherwise to transmit, PEG 14 content that is branded with the logo, name, or other identing 15 marks of another cable operator or video service provider. The 16 local entity may require a cable operator or video service 17 provider to remove its logo, name, or other identifying marks 18 from PEG content that is to be made available through 19 interconnection to another provider of PEG capacity. 20 (h) After the effective date of this article and until the 21 expiration of the incumbent cable operator's franchise, if the 22 incumbent cable operator has existing unsatisfied obligations 23 under the franchise to remit to the local entity any cash payments 24 for the ongoing capital costs of public educational and 25 governmental access channel facilities, the local entity shall 26 divide those cash payments among all cable or video providers 27 as provided in this section. The fee shall be the holder's pro rata 28 per subscriber share of the cash payment required to be paid by 29 the incumbent cable operator to the local entity for the capital 30 costs of public, educational, and governmental access channel 31 facilities. 32 (1) In determining the fee on a pro rata per subscriber basis, 33 all cable and video service providers shall report, for the period 34 in question, to the local entity the total number of subscribers 35 served with the local entity's jurisdiction, which shall be treated 36 as confidential by the local entity and shall be used only to derive 37 the per subscriber fee required by this section. The local entity 38 shall then determine the payment due from each provider based 39 on a per subscriber basis for the period by multiplying the 40 unsatisfied cash payments for the ongoing capital costs ofpublic, 97 • —15— AB 2987 1 educational, and governmental access channel facilities by a 2 ratio of the reported subscribers of each provider to the total 3 subscribers within the local entity as of the end of the period. The 4 local entity shall notify the respective providers, in writing of the 5 resulting pro rata amount. After the notice, any fees required by 6 this section shall be remitted to the applicable local entity 7 quarterly, within 45 days after the end of the quarter for the 8 preceding calendar quarter, and may only be used by the local 9 entity as authorized under federal law. 10 6) Upon the expiration of the incumbent cable operator's 11 franchise or if there is no local franchise, the holder or holders 12 of a state -issued authorization shall pay the local entity, in whose 13 jurisdiction it is offering cable or video service, a fee to support 14 the capital costs of public, educational, and governmental access 15 channel facilities and to support of institutional networkfacilities 16 equal to 1 percent of the holder's gross revenues, as defined in 17 Section 53058.4, earned in the local entity or, at the holder's 18 election, the per subscriber fee that was paid by the holder to the 19 local entity pursuant to subdivision (li). The local entity may only 20 use the fee for purposes allowed under federal law. The payment 21 required by this subdivision shall not become due and payable 22 until the expiration of the incumbent cable operator's franchise, 23 or 180 days after the local entity notifies the holder of the 24 expiration, whichever is later. 25 (k) The following services shall continue to be provided by the 26 incumbent cable operator that was furnishing services pursuant 27 to a franchise until January 1, 2008, or until the terns of the 28 franchise expires, whichever is later: 29 (1) PEG production or studio facilities. 30 (2) Institutional network capacity, however defined or referred 31 to in the incumbent cable operator's franchise, but generally 32 referring to a private line data network capacity for use by the 33 local entity for noncommercial purposes. 34 (3) Cable services to community public buildings, such as 35 municipal buildings and public schools. 36 (l) The holder of a state -issued authorization may recover the 37 amount of any fee remitted to a local entity under this section by 38 billing a recovery fee as a separate line item on the regular bill 39 of each subscriber. 97 • AB 2987 —16 — 1 (m) A court of competent jurisdiction shall have exclusive 2 jurisdiction to enforce any requirement under this section or 3 resolve any dispute regarding the requirements set forth in this 4 section, and no provider may by barred from the provision of 5 service or be required to terminate service as a result of that 6 dispute or enforcement action. 7 53058.6. (a) The local entity shall allow the holder of a 8 state -issued authorization under this article to install, construct, 9 and maintain a network within public rights-of-way under. the 10 same terms and conditions as applicable to telephone 11 corporations, as defined under Section 234 of the Public Utilities 12 Code, under applicable state and federal law 13 (b) A local entity may not enforce against the holder of a 14 state -issued authorization any rule, regulation, or ordinance that 15 purports to allow the local entity to purchase or force the sale of 16 a network 17 53058.7. (a) A cable operator or video service provider that 18 has been granted a state -issued authorization under this article 19 may not discriminate against or deny access to service to any 20 group of potential residential subscribers because of the income 21 of the residents in the local area in which the group resides, as 22 required by Section 541(a)(3) of Title 47 of the United States 23 Code. 24 (b) The holder of a state -issued authorization shall have a 25 reasonable period of time to become capable of providing cable 26 service or video service to all households within the designated 27 service area footprint as defined in as defined in paragraph (6) 28 of subdivision (d) of Section 53058.2 and may satisfy the 29 requirements ofthis section through the use of (1) direct -to -home 30 satellite service or (2) another alternative technology that 31 provides comparable content, service, andfunctionality. 32 (C) Within 36 months after issuance of the holder's first 33 state -issued authorization, and then annually for seven 34 additional years, the holder shall report the extent to which cable 35 or video service is available to potential subscribers within the 36 holder's service area, including all of the following: 37 (1) The demographics of the service area. 38 (2) The percentage of homes in the service area that have 39 access to service. 97 AB 2987 1 (3) The demographics of the portion of the service area that 2 has access to service. 3 (4) The technology used by the holder to provide access to 4 service. 5 The report shall be filed with the Legislature, the department, 6 the Governor, and the Attorney General, and posted on the 7 holder's Web site. The holder shall not be required to report 8 competitively sensitive information. 9 (c) If there is a violation, the exclusive remedy for enforcing 10 the provisions of this section shall be an action in a court of 11 competent jurisdiction brought by the local entity, the district 12 attorney of the county in which the local entity is located, or the 13 Attorney General on behalf of the department. At least 60 days 14 before bringing an action, the enforcement entity shall serve the 15 holder of the state -issued authorization under this article with a 16 notice setting out the alleged violation and stating that an action 17 may be brought unless the provider, within the 60 -day notice 18 period, corrects the alleged violation or enters into a binding 19 agreement to correct the violation. The notice shall contain a 20 sufficiently detailed description of the alleged violation to enable 21 the holder of the state -issued authorization to make a specific 22 response. If the holder of the state issued franchise does not 23 timely enter into a binding agreement to correct the violation, 24 then the matter shall proceed before the court of competent 25 jurisdiction. 26 (d) If the court finds that the holder of the state issued 27 franchise is in willful violation of Section 53058.7 herein, it may, 28 in addition to any other remedies provided by law, impose a fine 29 not to exceed 1 percent of the holder's total gross revenue of its 30 entire cable and service footprint in the state in the full calendar 31 month immediately prior to the decision. 32 53058.8. The holder of a state -issued authorization shall 33 comply with the provisions of Sections 53055, 53055.1, 53055.2, 34 and 53088.2. A franchising or local entity may not adopt or seek 35 to enforce any additional or different customer service or other 36 performance standards wider Section 53055.3, subdivision (q), 37 (r), or (s) of Section 53088.2, or under any other authority or 38 provision of law. Any reporting or enforcement authority in those 39 sections shall instead be assigned solely to the department. 97 • AB 2987 —18-- 1 53058.9. (a) The holder of a state -issued authorization shall 2 perform background checks of applicants for employment, 3 according to current business practices. 4 (b) A background check equivalent to that performed by the 5 holder shall also be conducted on all of the following: 6 (1) Persons hired by a holder under a personal service 7 contract. 8 (2) Independent contractors and their employees. 9 (3) Vendors and their employees. 10 (c) Independent contractors and vendors shall certtb, that they 11 have obtained the background checks required pursuant to 12 subdivision (f), and shall make the background checks available 13 to the holder upon request. 14 (d) Except as otherwise provided by contract, the holder of a 15 state -issued authorization shall not be responsible for 16 administering the background checks and shall not assume the 17 costs of the background checks of individuals who are not 18 applicants for employment of the holder. 19 (e) (1) Subdivision (a) only applies to applicants for 20 employment for positions that would allow the applicant to have 21 direct contact with or access to the holder's network, central 22 office, or customer premises, and perform activities that involve 23 the installation, service, or repair of the holder's network or 24 equipment. 25 (2) Subdivision (b) only applies to person that have direct 26 contact with or access to the holder's network, central office, or 27 customer premises, and perform activities that involve the 28 installation, service, or repair of the holder's network or 29 equipment. 30 0 This section does not apply to temporary workers 31 performing emergency functions to restore the network of a 32 holder to its normal state in the event of a natural disaster or an 33 emergency that threatens or results in the loss of service. 34 53058.10. (a) A holder of a state -issued authorization 35 employing more than 750 total employees shall annually report 36 to the department all of the following: 37 (1) The number of California residents employed by the 38 workforce, calculated on a full-time or full-time equivalent basis. 39 (2) The percentage of the holder's total domestic workforce, 40 calculated on a full-time or full -tune equivalent basis. 97 • —19 — AB 2987 1 (3) The number of California residents employed by independent contractors and consultants hired by the holder; calculated on a full-time or full-time equivalent basis, when the holder has obtained this information upon requesting it from the independent contractor or consultant, and the holder is not contractually prohibited from disclosing the information to the public. This paragraph applies only to those employees of an independent contractor or consultant that are personally providing services to the holder, and does not apply to employees of an independent contractor or consultant not personally performing services for the holder. (b) The department shall annually report the information required to be reported by holders of state -issued authorizations pursuant to subdivision (a), to the Assembly Committee on Utilities and Commerce and the Senate Committee on Energy, Utilities and Communications, or their successor committees, and within a reasonable time- thereafter, shall make the information available to the public on its Internet Web site. 53058.11. (a) The provisions of this article are intended to be consistent with the Federal Cable Act (47 U.S.C. Sec. 521 et seq). (b) Nothing in this section shall be interpreted to prevent a voice provider, cable operator or video service provider, or local entity from seeking clarification of its rights and obligations under federal law or from exercising any right or authority under federal or state law. SECTION 1. Article 3.7 (commencing with Section 53058) is 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 n_„_. t Cod t,, __,. a v�vti�e�ne�; rv-rcccu- Act of 2006 53058.1. For the purposes of this article, "franchise" means an- a • ;-, 97 AB 2987 • —20 — 1 agreement, or othcrwisc, that authori the construction and 2 operation of a ca 0 lief - — - - : 97 1 PARCEL 2,850 S.F. PARCEL MAP NO. 60971 IN THE CITY OF HERMOSA BEACH COUNTY OF LOS ANGELES STATE OF CALIFORNIA BEING A SUBDIVISION OF LOT 32, BLOCK 41 OF THE FIRST ADDITION TO HERMOSA BEACH, AS PER MAP RECORDED IN BOOK 1 PAGES 59 AND 60 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER, OF SAID COUNTY. FOR CONDOMINIUM PURPOSES SUBDIVIDER'S STATEMENT I HEREBY STATE THAT I AM THE SUBDIVIDER OF THE LANDS INCLUDED WITHIN THE SUBDIVISION SHOWN ON THIS MAP WITHIN THE DISTINCTIVE BORDER LINES, AND I CONSENT TO THE PREPARATION AND FILING OF SAID MAP AND SUBDIVISION. l 7 WILLIAM BREWSTER SUBDIVIDER RECORD OWNER: WILLIAM BREWSTER THIS SUBDIVISION IS APPROVED AS A CONDOMINIUM PROJECT FOR 2 UNITS, WHEREBY THE OWNERS OF THE UNITS OF AIR SPACE WILL HOLD AN UNDIVIDED INTEREST IN THE COMMON AREAS WHICH WILL, IN TURN, PROVIDE NECESSARY ACCESS AND UTILITY EASEMENTS FOR THE UNITS. STATE OF CALIFORNIA ) SS. COUNTY OF L1)5 A1.36.-EL.E6 ON AoVEHSER -71 Z.®Ds BEFORE ME, C}-tEr2...?L. A. VAP4-6 A NOTARY PUBLIC, PERSONALLY APPEARED W l L -1 Ar1 t�VW.Et.L)T ER PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME I HIS/HER/THEIR AUTHORIZED CAPACITY(IES) AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND: cx. 0 NOTARY PIC IN AND FOR SA(D STATE NAME: CtiERN L A.VM &b PRINT NAME OF NOTARY MY PRINCIPAL PLACE OF BUSINESS IS IN Lbs AtJL,ELES COUNTY MY COMMISSION EXPIRES 61-I%rD' MY COMMISSION NO I !oD 1aj 1 O ENGINEER'S STATEMENT SHEET 1 OF 2 SHEETS APR 1 7 2056 COM. DEV. DEP F. THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND WAS COMPILED FROM RECORD DATA IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF A. WILLIAM BREWSTER ON 09-14-04 I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. GARY J. ROEHL 71-(41R.C.E. 30826 EXPIRATION: 03-31-08 RECORD DATA WAS TAKEN FROM FIRST ADDITION OF HERMOSA BEACH, M.B. l 51 (pO . SPECIAL ASSESSMENTS CERTIFICATE I HEREBY CERTIFY THAT ALL SPECIAL ASSESSMENTS LEVIED UNDER THE JURISDICTION OF THE CITY OF HERMOSA BEACH, TO WHICH THE LAND INCLUDED IN THE WITHIN SUBDIVISION OR ANY PART THEREOF IS SUBJECT, AND WHICH MAY BE PAID IN FULL, HAVE BEEN PAID IN FULL. CITY TREASURER OF THE CITY OF HERMOSA BEACH DATE CITY ENGINEER'S CERTIFICATE I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP AND THAT IT CONFORMS SUBSTANTIALLY TO THE TENTATIVE MAP AND ALL APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE SUBDIVISION ORDINANCES OF THE CITY OF HERMOSA BEACH APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT WITH RESPECT TO CITY RECORDS. DONALD L. WOLFE CITY ENGINEER DEPUTY R.C.E. EXPIRES COUNTY ENGINEER'S CERTIFICATE DATE I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP; THAT IT COMPLIES WITH ALL PROVISIONS OF STATE LAW APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT IN ALL RESPECTS NOT CERTIFIED TO BY THE CITY ENGINEER. COUNTY ENGINEER BY DEPUTY R.C.E. NO. EXPIRES CITY CLERK'S CERTIFICATE DATE I HEREBY CERTIFY THAT THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH BY MOTION ADOPTED AT ITS SESSION ON THE ____ DAY OF , 20___ APPROVED THE ANNEXED MAP. CITY CLERK OF THE CITY OF HERMOSA BEACH DATE CITY PLANNER'S CERTIFICATE I HEREBY CERTIFY THAT THE ANNEXED MAP CONFORMS SUBSTANTIALLY TO THE TENTATIVE MAP APPROVED BY THE PLANNING COMMISSION ON THE DAY OF , 20___. SECRETARY OF PLANNING CITY OF HERMOSA BEACH DATE SCALE: 1" = 20' PARCEL V • • • INDICATES THE BOUNDARY OF THE LAND BEING SUBDIVIDED BY THIS MAP AP \O. 60971 IN THE CITY OF HERMOSA BEACH COUNTY OF LOS ANGELES STATE OF CALIFORNIA FOR CONDOMINIUM PURPOSES * BLOCK 41, FIRST ADDITION TO HERMOSA BEACH M.B. 1-59-60 ** PARCEL MAP NO. 24924 M.B. 286-21-22 ti 0 N 1ST COURT b N7T50'00"E O FD L&T, PER ** N7T50'00"E 0 N O E'LY LINE LOT 31 FD L&T, PER ** * • • 30.00' • 1 2,850 S.F. 30.00' a • �I W'LY LINE LOT 33 * 0 o 0 N N77'50'00"E N7T50'00"E 0 N 0 a LYNDON STREET 0 N SHEET 2 OF 2 SHEETS 1 PARCEL 4,600 SF. .DARCI-L V SUBDIVIDER'S STATEMENT BEI\G 'A\SOv THE OFFIC A \O. SHEET 1 OF 2 SHEETS 60398 IN THE CITY OF HERMOSA BEACH COUNTY OF LOS ANGELES STATE OF CALIFORNIA A SU3DIVIS O\ CO'S V \ABLE. OF LOT 99 OF WALT= R DLAC-, AS MAD DAG- 150, OF vADS, JNTY RECOR31_ OF SAI I\ 300 OF T Q, CO FOR CONDOMINIUM PURPOSES I HEREBY STATE THAT I AM THE SUBDIVIDER OF THE LANDS INCLUDED WITHIN THE SUBDIVISION SHOWN ON THIS MAP WITHIN THE DISTINCTIVE BORDER LINES, AND I CONSENT TO THE PREPARATION AND FILING OF SAID MAP AND SUBDIVISION. ES BRENNAN SUBDIVIDER RECORD OWNER: JAMES BRENNAN THIS SUBDIVISION IS APPROVED AS A CONDOMINIUM PROJECT FOR 2 UNITS, WHEREBY THE OWNERS OF THE UNITS OF AIR SPACE WILL HOLD AN UNDIVIDED INTEREST IN THE COMMON AREAS WHICH WILL, IN TURN, PROVIDE NECESSARY ACCESS AND UTILITY EASEMENTS FOR THE UNITS. EASEMENT NOTE: EASEMENT HOLDER OF WARREN GILLELEN FOR WATER PIPELINES PURPOSES PER DEED RECORDED IN BOOK 1617 PAGE 47 OF DEEDS. SAID EASEMENT IS BLANKET IN NATURE. STATE OF CALIFORNIA ) No. 30826 Exp. 03-31-03 CIVO- 1. .. r �Vx /; -'•` EX g/31/0 SS. COUNTY OF LOS A106-GLE3 ON =� 23, ZQds BEFORE ME, C C2NL v4AF.&-Q A NOTARY PUBLIC, PERSONALLY APPEARED 12. V-)1.11\ 1 PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME I HIS/HER/THEIR AUTHORIZED CAPACITY(IES) AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND: Li/ NOTARY PdBLIC IN AND FOR SAID (DATE NAME: 1-1E12NL A. VA'..J° PRINT NAME OF NOTARY MY PRINCIPAL PLACE OF BUSINESS IS IN S Ai3&'1 COUNTY MY COMMISSION EXPIRES M-naci MY COMMISSION NUMBER IbdY\ %O '•,1G. L3C777 3 ENGINEER'S STATEMENT COM, DEV. DEP i THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND WAS COMPILED FROM RECORD DATA IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF Ari;. BRENNAN ON 06-14-04. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. GARY J. ROEHL R.C.E. 30826 EXPIRATION: 03-31-0 RECORD DATA WAS TAKEN FROM WALTER RANSOM CO'S VENABLE PLACE, M.B. 9-150 SPECIAL ASSESSMENTS CERTIFICATE I HEREBY CERTIFY THAT ALL SPECIAL ASSESSMENTS LEVIED UNDER THE JURISDICTION OF THE CITY OF HERMOSA BEACH, TO WHICH THE LAND INCLUDED IN THE WITHIN SUBDIVISION OR ANY PART THEREOF IS SUBJECT, AND WHICH MAY BE PAID IN FULL, HAVE BEEN PAID IN FULL. CITY TREASURER OF THE CITY OF HERMOSA BEACH DATE CITY ENGINEER'S CERTIFICATE I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP AND THAT IT CONFORMS SUBSTANTIALLY TO THE TENTATIVE MAP AND ALL APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE SUBDIVISION ORDINANCES OF THE CITY OF HERMOSA BEACH APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT WITH RESPECT TO CITY RECORDS. DEPUTY 1.5 DONALD L. WOLFE CITY ENGINEER T, Imo®eller .////9/04' EXPIRES /2/31, 07 DATE COUNTY ENGINEER'S CERTIFICATE I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP; THAT IT COMPLIES WITH ALL PROVISIONS OF STATE LAW APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT IN ALL RESPECTS NOT CERTIFIED TO BY THE CITY ENGINEER. COUNTY ENGINEER BY DEPUTY R.C.E. NO. EXPIRES CITY CLERK'S CERTIFICATE DATE I HEREBY CERTIFY THAT THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH BY MOTION ADOPTED AT ITS SESSION ON THE DAY OF , 20___ APPROVED THE ANNEXED MAP. CITY CLERK OF THE CITY OF HERMOSA BEACH DATE CITY PLANNER'S CERTIFICATE I HEREBY CERTIFY THAT THE ANNEXED MAP CONFORMS SUBSTANTIALLY TO THE TENTATIVE MAP APPROVED BY THE PLANNING COMMISSION ON THE DAY OF , 20___. SECRETARY OF PLANNING CITY OF HERMOSA BEACH DATE V SCALE: 1" = 20' PARCEL N SHEET 2 OF 2 SHEETS AP \O. 60398 IN THE CITY OF HERMOSA BEACH COUNTY OF LOS ANGELES STATE OF CALIFORNIA FOR CONDOMINIUM PURPOSES • • • INDICATES THE BOUNDARY OF THE LAND BEING SUBDIVIDED BY THIS MAP * WALTER RANSOM CO'S VENABLE PLACE, M.B. 9-150 ** TRACT NO. 53116 M.B. 1262-99-100 FD SPK & W PER ** -o N76'34'00"E 0 0 N 2ND STREET N76'34'00"E 0 0 FD SPK, NO REF, ACCEPTED AS CL INTERSECTION E'LY LINE OF LOT 100 * N 13°26'00"W • 40.00' A r r • • ' 0 4,600 sq. f t, ori • 40.00' • —+a • 0 0 ui N76'34'00"E N'LY LINE OF LOT 116 * W'LY UNE OF LOT 98 * N13°26'00"W ONE PARCEL 2, 909 SF VESTING PARCEL MAP NO. 62441 IN THE CITY OF HERMOSA BEACH, COUNTY OF LOS ANGELES STATE OF CALIFORNIA BEING A SUBDIVISION OF LOT 38 OF TRACT NO. 1069 AS PER MAP RECORDED IN BOOK 17 PAGE 136 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. FOR CONDOMINIUM PURPOSES SUBDIVIDER STATEMENT I HEREBY STATE THAT I AM THE SUBDIVIDER OF THE LANDS INCLUDED WITHIN THE SUBDIVISION SHOWN ON THIS MAP WITHIN THE DISTINCTIVE BORDER LINES, AND I CONSENT TO THE PREPARATION AND FILING OF SAID MAP AND SUBDIVISION. WILLIAM J. FEB 0 RECORD OWNER: WILLIAM J. FEBBO THIS SUBDIVISION IS APPROVED AS A CONDOMINIUM PROJECT FOR 2 UNITS WHEREBY THE OWNERS OF THE UNITS OF AIR SPACE WILL HOLD AN UNDIVIDED INTEREST IN THE COMMON AREAS WHICH WILL, IN TURN, PROVIDE THE NECESSARY ACCESS AND UTILITY EASEMENTS FOR THE UNITS. STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) ON RAD( .A.A, t, (DOC ,2006 BEFORE ME, \ t Gk. �.. Y►- 1. S I ouA ` P) - PERSONALLY APPEARED WILLIAM J. FEBBO PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS AUTHORIZED CAPACITY AND THAT BY HIS SIGNATURE ON THE INSTRUMENT THE PERSON OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. NOTARY P FOR SAID NAME: : 4jo4-k Gor MY PRINCIPAL PLACE OF BUSINESS :LIC IN AND IS IN LOS ANGELES COUNTY Q% TATE MY COMMISSION EXPIRES ' MY COMMISSION NO. �4? to 1 Cr RECEW t`,PR 1 3 260'6 COM. DEV DEP I. SURVEYOR'S STATEMENT SHEET 1 OF 2 SHEETS RECEV SPR 1 3 2m5 Cavi. DEV. DEP E THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND WAS COMPILED FROM RECORD DATA IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF WILLIAM J. FEBBO ON JUNE 30, 2005. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY, LEWIS SOLOFF PLS 5344, EXPIRES 12-31-07 RECORD DATA WAS TAKEN FROM TRACT NO. 1069, M.B. 17-136 AND FIRST ADDITION TO HERMOSA BEACH, M.B. 1-59-60 I HEREBY CERTIFY THAT ALL SPECIAL ASSESSMENTS LEVIED UNDER THE JURISDICTION OF THE CITY OF HERMOSA BEACH, TO WHICH THE LAND INCLUDED IN THE WITHIN SUBDIVISION OR ANY PART THEREOF IS SUBJECT, AND WHICH MAY BE PAID IN FULL, HAVE BEEN PAID IN FULL. CITY TREASURER OF THE CITY OF HERMOSA BEACH DATE CITY ENGINEER'S CERTIFICATE I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP AND THAT IT CONFORMS SUBSTANTIALLY TO THE TENTATIVE MAP AND ALL APPROVED ALTERATIONS THEREOF, THAT ALL PROVISIONS OF SUBDIVISION ORDINANCES OF THE CITY OF HERMOSA BEACH APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT WITH RESPECT TO CITY RECORDS. DONALD L. WOLFE CITY ENGINEER DEPUTY R,s .- 7370 EXPIRES !a COUNTY ENGINEER'S CERTIFICATE 3/%7 e3/.//Ve)6 DATE NO. L007370 I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP, THAT IT COMPLIES WITH ALL PROVISIONS OF STATE LAW APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT IN ALL RESPECTS NOT CERTIFIED TO BY THE CITY ENGINEER. COUNTY ENGINEER DATE BY DEPUTY R.C.E. EXPIRATION DATE I HEREBY CERTIFY THAT THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH BY MOTION ADOPTED AT ITS SESSION ON THE DAY OF , 2006 APPROVED THE ANNEXED MAP. CITY CLERK OF THE CITY OF HERMOSA BEACH DATE CITY PLANNER'S CERTIFICATE I HEREBY CERTIFY THAT THE ANNEXED MAP CONFORMS SUBSTANTIALLY TO THE TENTATIVE MAP APPROVED BY THE PLANNING COMMISSION ON THE DAY OF , 2005'. SECRETARY OF PLANNING CITY OF HERMOSA BEACH DATE WARREN GILLELEN, IS AN EASEMENT HOLDER FOR WATER PIPELINES PER BOOK 1617, PAGE 47 OF DEEDS, RECORDS OF LOS ANGELES COUNTY. SAID EASEMENT IS BLANKET IN NATURE. SCALE: 1 "= 20' 1 c (i) N 77'50'00" E VEST ING PARCEL MAP NO. 62441 IN THE CITY OF HERMOSA BEACH, COUNTY OF LOS ANGELES STATE OF CALIFORNIA FOR CONDOM IN IUM PURPOSES FD. SPIKE AND WASHER L.A. CO. DWP, NO. REF. ACCEPTED AS CENTER (LINE INTERSECTION O 0 MONTEREY BOULEVARD b 0 S 12'10'00" E SHEET 2 OF 2 SHEETS LEGEND: INDICATES THE BOUNDARY OF THE LAND BONG SUBDIVIDED BY THIS MAP FD. SPIKE AND WASHER L.S. 4142 NO REF, ACCEPTED AS CENTER LINE INTERSECTION 00 SOUTHERLY LINE OF LOT 37 TRACT NO. 1069, M.B. 17-136 AND P.M. NO. 14276 P.M.B. 163-64 FD. SPIKE AND WASHER L.A. CO. DWP, IN LIEU OF CONCRETE NAIL PER PM NO, 14276, P.M.B. 163-64 d N 12'10'00" W 3 -20,,j6 2!!i 'OM OEV. DEP r S 12'10'00" E 29.09' 1 2, 909 SQ. FT. 0 0 0 N 12'10'00" W 29.09' • 1 r NORTHERLY LINE OF LOT 31, BLOCK 49 FIRST ADDITION TO HERMOSA BEACH M.B. 1 -59-60 AND P.M. NO. 25265, P.M.B. 298-91-92 0 C1 0 0 BAYVIEW DRIVE 0 .. 1 0 O CV