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HomeMy WebLinkAbout06/13/06• "To do injustice is more disgraceful than to suffer it." - Plato AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, June 13, 2006 - Council Chambers, City Hall 1315 Valley Drive Regular Session - 7:10 p.m. CITY CLERK Closed Session - Immediately following Regular SessionII MAYOR CITY CLERK —1 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 70TH ANNIVERSARY OF THE HERMOSA BEACH LAWN BOWLING CLUB 1 PRESENTATIONS PRESENTATION BY RALPH MAILLOUX, EXECUTIVE DIRECTOR OF THE SOUTH BAY REGIONAL PUBLIC COMMUNICATIONS AUTHORITY (RCC) CLOSED SESSION REPORT FOR MEETING OF JUNE 1, 2006: NO REPORTABLE ACTIONS. CLOSED SESSION REPORT FOR MEETING OF JUNE 6, 2006: MEETING CANCELLED. PUBLIC PARTICIPATION: Although the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda as a business item. 1. ORAL AND WRITTEN COMMUNICATIONS Members of the public wishing to address the City Council on any items within the Council's jurisdiction, or to request the removal of an item from the consent calendar, may do so at this time. Comments on public hearing items are heard only during the public hearing. Comments from the public are limited to three minutes per speaker. Members of the audience may also speak: 1) during discussion of items removed from the Consent Calendar; 2) during Public Hearings; and, 3) during discussion of items appearing under Municipal Matters. The City Council acknowledges receipt of the written communications listed below. No action will be taken on matters raised in written communications. The Council may take action to schedule issues raised in oral and written communications for a future agenda. Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. NO WRITTEN COMMUNICATIONS 2. CONSENT CALENDAR: The following more routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless a Council member removes an item from the Consent Calendar. Items removed will be considered under Agenda Item 4, with public comment permitted at that time. 2 • (a) Recommendation to approve minutes of the regular meeting of the City Council held on May 23, 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 authorize the addition of one crossing guard position to the current contract with All City Management Services at a cost of $7,821.45 per year. Memorandum from Interim Police Chief David Barr dated May 23, 2006. (e) Recommendation to authorize the award of a construction contract for the Manhattan Ave. Street Improvements, Concrete Road Reconstruction at Various Locations and Street Improvements at Various Locations to Sequel Contractors Inc. of Santa Fe Springs, California, subject to negotiation of a Change Order reducing the Scope of Work such that the Contract amount including contingencies will be within the approved budgeted amount of $2,198,150; authorize the Mayor to execute and the City Clerk to attest the Contracts subject to approval of the City Attorney; and, authorize the Director of Public Works to approve changes within the approved budget. Memorandum from Public Works Director Richard Morgan dated June 6, 2006. (f) (g) Recommendation to receive and file report of Customer Service Surveys/Complaints. Memorandum from City Clerk Memorandum from City Clerk Elaine Doerfling dated June 1, 2006. Recommendation to accept donations of $2,000 from the Woman's Club of Hermosa Beach to be used for the Neighborhood Watch Program; $2,000 from the Woman's Club of Hermosa Beach to be used for Fire Department air breathing compressor repair and installation; $250 from Matthew and Virginia Cruse to be used for the Neighborhood Watch Program; $250 from Beach Travel to be used for the Centennial Celebration; $10,000 from Innova Marketing to be used for the 2006-07 Sunset Concert series; and, donation of a Bristol Pneumatic Fresh Air breathing compressor with an estimated value of $3,000 from the Redondo Beach Fire Department to be used by the Fire Department as an air filling station. Memorandum from Finance Director Viki Copeland dated June 5, 2006. (h) 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 June 5, 2006. Claimant: Erin McCoy Date of Loss: 05/23/05 Date Filed: 05/18/06 Allegation: Property Damage 3 (i) (j) (k) Claimant: Harry & Cynthia Dahl Date of Loss: 05/23/05 Date Filed: 05/18/06 Allegation: Property Damage Claimant: Bach-Cuc Le Date of Loss: 04/23/06 Date Filed: 05/18/06 Allegation: Property Damage Claimant: Stergios Karalaios Date of Loss: 03/25/06 Date Filed: 05/22/06 Allegation: Loss of Property Recommendation to authorize the award of bid for fire station front renovation per fire department specifications to M3 Services, Inc. of Los Angeles, California in the amount of $51,131.00. Memorandum from Fire Chief Russell Tingley dated June 6, 2006. Recommendation to approve the installation of stop signs on 8th Street at Cypress Avenue; and, approve striping 4 -inch white lines on both sides of Cypress Avenue north of 8th Street designating a "Clear Aisle" for emergency access. Memorandum from Public Works Director Richard Morgan dated June 6, 2006. Recommendation to approve the Storm Maintenance Cooperative Agreement with the County of Los Angeles for maintenance of the County -owned storm drain outlets and authorize the Mayor to execute and the City Clerk to attest the Contracts subject to approval of the City Attorney. Memorandum from Public Works Director Richard Morgan dated June 5, 2006. (1) Recommendation to approve change of scope for Phase 1 of CIP 06-641 - Clark Building Refurbishment to obtain Architectural Design Services and authorize an appropriation of $15,000 from the funds remaining in the Pier Renovation Project in FY 05-06, thereby creating CIP 06-641 in the current fiscal year. Memorandum from Public Works Director Richard Morgan dated June 6, 2006. (m) Recommendation to approve Final Map #26020 for a 2 -unit condominium at 852 and 856 Monterey Boulevard. Memorandum from Community Development Director Sol Blumenfeld dated June 6, 2006. (n) Recommendation to approve Final Map #61755 for a 2 -unit condominium at 617 and 619 5`h Street. Memorandum from Community Development Director Sol Blumenfeld dated June 6, 2006. 4 • • 3. CONSENT ORDINANCES a. ORDINANCE NO. 06-1267 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROHIBITING SMOKING ON THE BEACH AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." For Adoption. Memorandum from City Clerk Memorandum from City Clerk Elaine Doerfling dated May 31, 2006. 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Public comments on items removed from the Consent Calendar. 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a. 2006-2007 BUDGET AND CAPITAL IMPROVEMENT PROGRAM. (1) ADOPTION OF 2006-2007 BUDGET. Memorandum from Finance Director Viki Copeland dated June 6, 2006. RECOMMENDATION: Hear public testimony regarding the 2006-07 Budget; appropriate $5,000 from Prospective Expenditures in 2005-2006 for the Envelope of Life Program; appropriate $10,000 from Prospective Expenditures in 2005-2006 for the Historical Society Expansion; approve contracts listed in the staff report for services budgeted in the 2006-2007 Budget; and, adopt resolution approving the 2006-2007 Budget. (2) ADOPTION OF 2006-2007 APPROPRIATION LIMIT. Memorandum from Finance Director Viki Copeland dated June 5, 2006. RECOMMENDATION: Adopt resolution setting the 2006-2007 appropriations limit. b. HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2006-2007. Memorandum from Public Works Director Richard Morgan dated June 5, 2006. RECOMMENDATION: Conduct a Public Hearing in connection with the levy of assessments for FY 2006-2007 and adopt resolution confirming the diagram and assessment for. Hermosa Beach Landscaping & Street Lighting District 2006-2007 ("District") and levying an assessment for the fiscal year commencing July 1, 2006 and ending June 30, 2007. 5 40 • 6. MUNICIPAL MATTERS BRIEF OVERVIEW OF JULY 4TH OPERATIONAL PLANS FOR CITY POLICE AND FIRE DEPARTMENTS. Memorandum from Interim Police Chief David Barr and Fire Chief Russell Tingley dated June 13, 2006. RECOMMENDATION: Receive and file report. REQUEST TO RENEW EXCLUSIVE TAXICAB FRANCHISE AGREEMENTS. Memorandum from Interim Police Chief David Barr dated May 31, 2006. RECOMMENDATION: Authorize the City Manager to renew a taxicab franchise agreement with All Yellow Taxi and Administrative Services Cooperative of Gardena, California and Bell Cab Company of Hawthorne, and United Independent Tax of Los Angeles. AMENDMENT TO THE CITY'S BUILDING CODE ADDING NEW PEDESTRIAN PROTECTION REQUIREMENTS FOR CONSTRUCTION AND DEMOLITION JOB SITES AND NEW PENALTY PROVISIONS FOR RELATED CODE VIOLATIONS. Memorandum from Community Development Director Sol Blumenfeld dated June 1, 2006. RECOMMENDATION: Waive full reading and introduce ordinance and direct staff to return with a resolution amending the penalty provisions for violations of the subject ordinance. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER STATUS REPORT ON AMENDMENTS TO LOT MERGER ORDINANCE. Memorandum from City Manager Stephen Burrell dated June 7, 2006. RECOMMENDATION: Direct staff to proceed with a Municipal Code Amendment. b. SUNSET CONCERT SERIES — APPROVAL OF THIRD CONCERT PERFORMER. Oral report from City Manager Stephen Burrell. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL NONE 6 • 9. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: Recommended Action: 1) Vote by Council whether to discuss this item; 2) refer to staff for a report back on a future agenda; or, 3) resolution of matter by Council action tonight. a. Request from Councilmember Reviczky to consider amending the Zoning Code to allow weekly vacation rentals. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: a. Approval of minutes of Closed Session meeting held on May 9, 2006; b. Approval of minutes of Closed Session meeting held on June 1, 2006; and, c. Approval of minutes of Closed Session meeting held on June 6, 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: Philia Five Group, LLC dba The Union Cattle Company Case Number: YS015070 3. LIABILITY CLAIMS Government Code Section 54956.95 Claimant: GaryBrutsch and Tina Williams Claim Against: City of Hermosa Beach ADJOURN TO CLOSED SESSION RECONVENE TO OPEN SESSION ORAL ANNOUNCEMENTS ADJOURNMENT &//s/o-4, 'As of February 2005, South Bay Communications is capable of answering most. wireless (cellular) phone calls from persons calling from within our four member agencies jurisdictions. Prior to this, all wireless calls were routed to the California Highway Patrol (CHP) and then transferred to the RCC. The only remaining wireless carrier to redirect their calls is T- Mobile and they are scheduled for completion 2 • • South. Bay Communication's CAD (computer. aided dispatch) software will be upgraded in the near future to provide enhanced features when receiving wireless 9- I - I calls. 3 • • necai Leis p awedlrio 0 fir, YPH2 SPT f 9916,118.353985 r 445SWBROADWAY, r, W BROADWAY/5 HAWTHORNE WY,' ES11 Addrerr 1 Egli Sttm:r. 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ErteatncationnUie t.ocetion field Pit 1 Uncetaity:10O La0A - 3astss1s Laegituda 118.353385 SEND Data sent to the Evert fan Cal Type: Confidence: 57:7—' . 12 • • 13 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, May 23, 2006, at the hour of 7:14 p.m. PLEDGE OF ALLEGIANCE — Susan Blaco ROLL CALL: Present: Edgerton, Reviczky, Mayor Tucker Absent: Keegan ANNOUNCEMENTS - Councilmember Reviczky announced a Hermosa Beach Surf Festival event Friday, May 26, at the Community Center, featuring world -premiere surf films, with a 5 p.m. matinee for children, and a 7:30 p.m. replay of the films for adults, along with food, drinks, a surf band and a raffle for a Strand Cruiser. He invited everyone to the Memorial Day remembrance at Green Hills in Rancho Palos Verdes at 10 a.m. Monday, May 29, including fly-bys, parachutists, and speakers all contributing to a spectacular, loving tribute to those who have served the country. Mayor Pro Tempore Edgerton read a humorous letter he received opposing the recently introduced ordinance banning smoking on the beach. He said there would be a booth at the Memorial Day, weekend Fiesta selling (1) $100 Centennial bricks to continue the Millennium brick walkway along Fourteenth Street and (2) $200 spaces for the placement of items in the time capsule, noting that both items would also be sold at the three summer concerts and the Labor Day Fiesta. Mayor Tucker said the May 11 Art Walk had been well attended and invited the community to attend the two upcoming Art Walk events on June 8 and July 13. He announced the annual pancake breakfast on Sunday, May 28, from 7 a.m. to noon at the Firehouse; urged everyone to remember why Memorial Day was a celebrated holiday; and wished good luck to Whitney Youngs who was leaving the Beach Reporter for a new publication, thanking her for her Hermosa Beach news coverage. CLOSED SESSION REPORT FOR MEETING OF MAY 9, 2006: No reportable actions. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS There were no written communications. Coming forward to address the. Council at this time was: Howard Longacre - Hermosa Beach, submitted to the Council a six-page document urging staff to confer with the City Attorney about the three row houses proposed to replace a single family home at 838 Prospect and to agendize a discussion of the project to ensure its compliance with all the laws of the City; asked that CalTrans be consulted about 2 City Council Minutes 5-23-06 Page 11910 a (a) extending the time of the left turn green arrow for eastbound traffic from-f'iervoie onto Pacific Coast Highway because traffic queues up all the way down to Valley Drive (City Manager Burrell said that he would ask CalTrans to evaluate this location). CONSENT CALENDAR: City Manager Burrell deleted items 2(f) and (g) from the agenda. Action: To approve the consent calendar recommendations (a) through (I), with the exception of items (f) and (g) which were deleted by staff, and the following item, which was removed .for discussion in item 4, butis shown in order for clarity: 2(j) Edgerton, Motion Edgerton, second Reviczky. The motion carried, noting the absence of Councilman Keegan. RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MAY 9, 2006. Action: To approve the minutes of the Regular Meeting of May 9, 2006 as presented. (Keegan absent) (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 43894 THROUGH 44047, INCLUSIVE, AND TO APPROVE THE CANCELLATION OF CHECK NO. 44022, AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (Keegan absent) (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (Keegan absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE APRIL 2006 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. Action: To receive and file the April 2006 financial reports. (Keegan absent) (e) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated May 15, 2006. City Council Minutes 5-23-06 Page 11911 (f) (g) • • Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of April 30, 2006. (Keegan absent) RECOMMENDATION TO GIVE A RETROACTIVE AUTHORIZATION TO COUNCILMEMBER REVICZKY TO ACT AS THE VOTING REPRESENTATIVE AT THE MAY 17, 2006 SANITATION DISTRICT BOARD MEETING. Memorandum from City Manager Stephen Burrell dated May 16, 2006. This item was deleted from the agenda by staff. RECOMMENDATION TO REJECT ALL BIDS FOR PROJECT NOS. CIP 04- 117, CIP 05-109, AND CIP 05-120 STREET IMPROVEMENTS; AUTHORIZE THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO MAKE ADJUSTMENTS TO THE SCOPE OF WORK AS NECESSARY; AND, AUTHORIZE STAFF TO RE -ADVERTISE FOR BIDS AND INVITE ALL PREVIOUS PARTICIPATING BIDDERS TO RE -BID ON THE PROJECT. Memorandum from Public Works Director Richard Morgan dated May 16, 2006. This item was deleted from the agenda by staff. (h) RECOMMENDATION TO AWARD THE CONSTRUCTION CONTRACT TO FLEMING ENVIRONMENTAL, INC. IN THE AMOUNT OF $316,473 FOR PROJECT NO. CIP 03-418 SEWER IMPROVEMENTS — UPGRADE OF SEWAGE LIFT STATIONS, AWARD CONSTRUCTION CONTRACT; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST, SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AUTHORIZE THE TRANSFER OF $37,000 FROM CIP 05-413 SEWER IMPROVEMENTS/TARGET AREAS 2-4; AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO DIRECT SOUTHERN CALIFORNIA EDISON (SCE) TO UPGRADE SERVICES CURRENTLY BEING FED TO THE PUMP STATION AT 35TH STREET AND THE STRAND; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NECESSARY WITHIN THE CONTINGENCY OF $32,000. Memorandum from Public Works Director Richard Morgan dated May 10, 2006. Action: To approve the staff recommendation to: (1) Award the Construction Contract to Fleming Environmental, Inc. in the amount of $316,473 for Project No. CIP 03-418 sewer improvements — upgrade of sewage lift stations, award construction contract; (2) Authorize the Mayor to execute and the City Clerk to attest, subject to approval by the City Attorney; (3) Authorize the transfer of $37,000 from CIP 05-413 Sewer Improvements/Target Areas 2-4; City Council Minutes 5-23-06 Page 11912 (i) • . (4) Authorize the Director of Public Works to direct Southern California Edison (SCE) to upgrade services currently being fed to the pump station at 35th Street and The Strand; and (5) Authorize the Director of Public Works to make changes as necessary within the contingency of $32,000. (Keegan absent) RECOMMENDATION TO AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO OBTAIN THE SERVICES OF AN ELECTRICAL CONTRACTOR AND PERFORM THE UTILITY CONVERSIONS TO PROPERTIES IN THE BEACH DRIVE UNDERGROUND UTILITY DISTRICT THAT ARE STILL NON-COMPLIANT FOLLOWING THE 30 -DAY FINAL NOTICE; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE A CONTRACT WITH BEAR ELECTRIC TO PERFORM THESE UTILITY CONVERSIONS. Memorandum from Public Works Director Richard Morgan dated May 15, 2006. Action: To approve the staff recommendation to: (1) Authorize the Director of Public Works to obtain the services of an electrical contractor and perform the utility conversions to properties in the Beach Drive Underground Utility District that are still non-compliant following the 30 -Day Final Notice; and (2) Authorize the Director of Public Works to execute a contract with Bear Electric to perform these utility conversions. (Keegan absent) (j) RECOMMENDATION TO APPROVE THE ATTENDANCE OF COUNCILMEMBER REVICZKY AT THE CALIFORNIA SPECIALIZED TRAINING INSTITUTE JUNE 19-23, 2006, AND AUTHORIZE REIMBURSEMENT OF EXPENSES IN ACCORDANCE WITH CITY POLICIES. Memorandum from City Manager Stephen Burrell dated May 16, 2006. This item was removed from the consent calendar by Mayor Pro Tempore. Edgerton for separate discussion later in the meeting. City Manager Burrell and Councilman Reviczky responded to Council questions. Action: To approve the attendance of Councilmember Reviczky at the Califomia Specialized Training Institute June 19-23, 2006, and authorize reimbursement of expenses in accordance with City policies. Motion Edgerton, second Mayor Tucker. The motion carried, noting the absence of Councilman Keegan. (k) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF MAY 2, 2006. City Council Minutes 5-23-06 Page 11913 (I) . • Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of May 2, 2006. (Keegan absent) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 16, 2006. Action: To receive and file the action minutes of the Planning Commission meeting of May 16, 2006. (Keegan absent) At 7:28 p.m., the order ofthe agenda was suspended to go to item 4, items removed from the consent calendar for separate discussion 3. CONSENT ORDINANCES ORDINANCE NO. 06-1266 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 5.16 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING INTERCONNECTION OF PUBLIC, EDUCATIONAL, AND GOVERNMENT BROADCASTS ON CABLE AND OPEN VIDEO SYSTEMS." For adoption. Memorandum from City Clerk Elaine Doerfling dated May 10, 2006. Action: To waive full reading and adopt Ordinance No. 06-1266. Motion Reviczky, second Mayor Tucker. The motion carried by the following vote: AYES: NOES: ABSENT: ABSTAIN: Edgerton, Reviczky, Mayor Tucker None Keegan None ORDINANCE NO. 06-1267 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROHIBITING SMOKING ON THE BEACH AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." For adoption. Memorandum from City Clerk Elaine Doerfling dated May 10, 2006. Proposed Acton: To waive full reading and adopt Ordinance No. 06-1267. Motion Tucker second Edgerton. The motion failed by the following vote: AYES: Edgerton, Mayor Tucker NOES: Reviczky ABSENT: Keegan ABSTAIN: None City Attorney Jenkins said adoption of the ordinance must be continued to the next Council meeting because at least three affirmative votes were needed. City Council Minutes 5-23-06 Page 11914 ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 20) was heard at this time but is shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS a. LOT MERGER REQUEST FOR HEARING TO DETERMINE WHETHER THE PROPERTY AT 726 PROSPECT AVENUE, COMPRISED OF TWO LOTS, SHALL BE MERGED INTO ONE PARCEL. Memorandum from Community Development Director Sol Blumenfeld dated May 16, 2006. Supplemental email from Judy English received on May 18, 2006, and supplemental emails from Greg Eberhardt and Tracy Tran received on May 22, 2006. City Manager Burrell said he spoke to one of the property owners who was agreeable to continuing the item to July 25, 2006, as requested by appellant Greg Eberhardt. Action: To continue the item to the City Council meeting of July 25, 2006, with notice published in the Easy Reader, posted on the property, and mailed to residents within a 300 -foot radius. Motion Reviczky second Edgerton. The motion carried, noting the absence of Councilman Keegan. In response to Council question, City Manager Burrell said the issue of amending the lot merger ordinance would come before the Council for consideration at a future meeting. b. TO CONSIDER IF THE PROPERTY AT 1811 MANHATTAN AVENUE CONSTITUTES A PUBLIC NUISANCE. Memorandum from Community Development Director Sol Blumenfeld dated May 11, 2006. Community Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions. The public hearing opened at 8:42 p.m. Coming forward to address the Council on this item were: Steven Tack — property owner, said he learned of this issue last week from a neighbor who received a notice and he was not contacted at his local address or listed phone number; said he worked at the property an hour and a half earlier that day and accomplished about half the work that needed to be done; said the photos were fraudulent and had been City Council Minutes 5-23-06 Page 11915 , • • staged, and the inside of house was fine; said walls had been torn down to rebuild and there were no gas or electricity connections; said the structure was not unsafe or unsound, including the concrete stairs; Emmanuel Eluminardi — Redondo Beach, said six months ago, when he was removing the roof, a neighbor called the Police, who made him stop; said there had been three architects preparing plans, but the property owner had not yet decided on a particular design; said articles on the site had been added for the photographs; said the house would be tom down within the next 60 to 90 days; Rick Koenig — Hermosa Beach, said even though he was heavily involved in the Hermosa Beach Historical Society, he would be happy to see this 1910 house torn down because he and other neighbors considered it a public nuisance with safety and heath issues and rats and a terrible odor emanating from the property; said he was the neighbor who called the Police Department when work was being done on the structure without a permit; emphasized that the house should be fumigated to eliminate the rat problem before it was demolished; and Larry Ullman — Hermosa Beach, said he could not comment on the structural integrity of the house but it had been abandoned for about eight years; said there was a serious rat problem and wondered if the property owner had liability insurance or if the City would be exposed to liability; said he would be happy to see the house torn down. The public hearing closed at 7:52 p.m. Action: To approve the staff recommendation to adopt Resolution No. 06- 6466, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING ABATEMENT OF NUISANCE VIOLATIONS AT THE PROPERTY AT 1811 MANHATTAN AVENUE," with direction to staff to ensure that the vermin problem is resolved before demolition occurs. Motion Edgerton, second Reviczky. The motion carried, noting the absence of Councilman Keegan. c. TO CONSIDER IF THE PROPERTY AT 138 FIRST STREET CONSTITUTES A PUBLIC NUISANCE. Memorandum from Community Development Director Sol Blumenfeld dated May 11, 2006. Supplemental corrected resolution received from Community Development on May 23, 2006. Supplemental letter from Gregory Paul received on May 23, 2006. Community Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:58 p.m. Coming forward to address the Council on this item were: (No name given) — said she had lived near this property from 1961 to 1971, coming back in 1973, and had never seen any problems associated City Council Minutes 5-23-06 Page 11916 • • with this house; said it was incorrectly stated that there were outdoor stairs or landing; thought it was terrible that the owner had to deal with this situation; Skip Blomer - Hermosa Beach, said he had lived near this property since 2000 and it had been in disrepair the entire time; said various individuals, including lawyers and the Police, had been there; spoke of termite problems; said the electricity had been disconnected but he had heard a gas generator operating and had seen the garage door open; said both the front and rear houses should be completely torn down. Stephen Landau — Los Angeles resident and owner of the subject property, said he had arranged to have the asbestos removed on May 30, and would provide a copy of the agreement with the asbestos removal company (Community Director Blumenfeld said the property owner had submitted an asbestos survey and the City needed certification that the asbestos had been removed so that a demolition permit could be issued to tear down both structures); Mercedes Scholnick — Hermosa Beach, said she lived near the property and although there was a time when people would loiter on the property, there had not been any problems lately and nothing on the property bothered her; said the property owner should be allowed to refurbish the rear house; and Stephen Landau — returned to the podium and said he would like to speak to the engineer who prepared the report to see if the rear house could be saved (Director Blumenfeld said the City's consultant engineer felt that damage to the rear house was significant enough to refurnishing unfeasible, but that the City would accept a refurbishment plan by Mr. Landau as long as the public nuisance was abated within 90 days). The public hearing closed at 8:02 p.m. Proposed Action: To approve the staff recommendation to adopt Resolution No. 06.6467, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING ABATEMENT OF NUISANCE VIOLATIONS AT THE PROPERTY AT 138 FIRST STREET," Motion Reviczky second Mayor Tucker. The motion was replaced a substitute motion. Action: To approve the staff recommendation to adopt Resolution No. 06- 6467, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING ABATEMENT OF NUISANCE VIOLATIONS AT THE PROPERTY AT 138 FIRST STREET," amended to require that the front house be demolished and that the back house be either rehabilitated or demolished within 90 days to eliminate the nuisance violations. Motion Edgerton second Reviczky. The motion carried, noting the absence of Councilman Keegan. City Council Minutes 5-23-06 Page 11917 d. AN ORDINANCE EXTENDING A MORATORIUM FOR 10 MONTHS AND 15 DAYS PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES AND DECLARING THE URGENCY THEREOF. Memorandum from City Manager Stephen Burrell dated May 9, 2006 City Manager Burrell presented the staff report and responded to Council questions. The public hearing opened at 8:14 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:14 p.m Action: To approve the staff recommendation to waive full reading and adopt Urgency Ordinance No. 06-1268U, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PURSUANT TO GOVERNMENT CODE SECTION 65858 EXTENDING ORDINANCE NO. 1225U WHICH ESTABLISHED A MORATORIUM PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES AND DECLARING THE URGENCY THEREOF." Motion Reviczky, second Edgerton. The motion carried by the following vote: AYES: NOES: ABSENT. ABSTAIN: Edgerton, Reviczky, Mayor Tucker None - Keegan None e. TEXT AMENDMENT REGARDING PEDESTRIAN PROTECTION, AMENDING SECTION 3317.7 OF THE CITY'S BUILDING CODE. Memorandum from Community Development Director Sol Blumenfeld dated May 17, 2006. City Manager Burrell said staff recommended that the item be continued to provide additional time to complete research and the draft municipal code amendment. City Manager Burrell and Community Director Blumenfeld responded to Council questions. Action: To continue to the next City Council meeting on June 13, 2006, to provide additional time to complete research and the draft municipal code amendment. Motion Reviczky, second Mayor Tucker. The motion carried, noting the absence of Councilman Keegan. . MUNICIPAL MATTERS a. SUNSET CONCERTS PROPOSAL -- SUMMER 2006. Memorandum from Community Resources Director Lisa Lynn dated May 16, 2006. City Council Minutes , 5-23-06 Page 11918 Community Resources Director Lynn presented the staff report and responded to Council questions. Action: To approve the concert dates of July 23, July 30 and August 6, 2006, and the proposal for entertainment venue. Motion Reviczky, second Edgerton. The motion carried, noting the absence of Councilman Keegan. b. 2006 AVP HERMOSA BEACH OPEN CONCERT PROPOSAL: OZOMATLI. Memorandum from Community Resources Director Lisa Lynn dated May 16, 2006. Community Resources Director Lynn presented the staff report, responded to Council questions, and suggested that the special event fee be doubled to accommodate the additional staff time required, since there would be two events in one day. Coming forward to address the Council on this item was: Dave Williams — AVP, said the concert was being sponsored by Anheuser Busch; said they would run shuttles from a parking lot at Mira Costa High School; agreed to pay twice the amount for the special event fee. Action: To approve AVP request for a Friday evening concert on the Center Court stage, featuring Ozomatli, Friday, June 9, 2006; and to charge AVP a double special event fee to fund the extra staff time required. Motion Edgerton, second Mayor Tucker: The motion carried, noting the absence of Councilman Keegan. c. PROPOSED LANDSCAPE AND STREET LIGHTING SUPPLEMENTAL MAINTENANCE DISTRICT; INITIATING PROCEEDINGS, APPROVAL OF ENGINEER'S REPORT, AND SETTING PUBLIC HEARING DATE TO RECEIVE BALLOTS. Memorandum from Public Works Director Richard Morgan dated May 3, 2006. Supplemental email received from Joan Cox of Harris & Associates received on May 23, 2006. Public Works Director Morgan presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Joan Cox — Harris & Associates, said that ballots are scheduled to be mailed to residents on June 9 and that the bar-coded ballots would be counted at City Hall on July 26, the day after the public hearing. Action: To approve the staff recommendation to: (1) Adopt Resolution. No. 06-6468, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AN ENGINEER'S REPORT AND DECLARING ITS City Council Minutes 5-23-06 Page 11919 • • INTENTION TO ORDER THE FORMATION OF LANDSCAPE AND STREET LIGHTING SUPPLEMENTAL MAINTENANCE DISTRICT AND TO LEVY AN ASSESSMENT THEREON, AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH," and (2) Adopt Resolution No. 06-6469, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIAt INITIATING PROCEEDINGS AND MAKING CERTAIN DESIGNATIONS IN CONNECTION WITH A PROPOSED LANDSCAPE AND STREET LIGHTING SUPPLEMENTAL MAINTENANCE DISTRICT." Motion Edgerton, second Reviczky. The motion carried, noting the absence of Councilman Keegan. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. REPORT ON ATTENDANCE AT THE LEAGUE OF CALIFORNIA CITIES LEGISLATIVE ACTION DAYS. Oral report from City Manager Stephen Burrell. City Manager Burrell said that he and Mayor Tucker and Councilman Keegan attended this event in Sacramento from May 17-18 and participated in all of the sessions and presentations, with the governor and the state senate and assembly present; said they spoke with one of the authors of the proposed telecommunications interconnectivity bill that was discussed at the last Council meeting and believed that the bill would be changed in a way that will be acceptable to the City; b. HERMOSA PAVILION — SET DATE FOR PUBLIC HEARING ON AN APPEAL BY THE PROPERTY OWNER OF THE PLANNING COMMISSION DECISION OF APRIL 18, 2006. Memorandum from City Manager Stephen Burrell dated May 16, 2006. City Manager Burrell presented the staff report and responded to Council questions. Action: To direct staff to schedule a public hearing on July 11, 2006, to hear the appeal by Gene Shook of the Planning Commission decision of April 18, 2006 concerning the Pavilion. Motion Reviczky, second Mayor Tucker. The motion carried, noting the absence of Councilman Keegan. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. VACANCIES - BOARDS AND COMMISSIONS - PUBLIC WORKS COMMISSION .- UNEXPIRED TERM ENDING OCTOBER 31, 2008. Memorandum from City Clerk Elaine Doerfling dated May 16, 2006. City Council Minutes 5-23-06 Page 11920 City Clerk Doerfling presented the staff report and responded to Council questions. Action: To direct the City Clerk to advertise the Commission vacancy with a newspaper publication and normal posting procedures, as has been standard practice in the past, inviting applications from persons interested in being appointed to fill the unexpired term ending October 31, 2008, with appointment to be made at the regular Council meeting of July 11, 2006. Motion Reviczky, second Mayor Tucker. The motion carried, noting the absence of Councilman Keegan. b. VACANCIES - BOARDS AND COMMISSIONS — UPCOMING CIVIL SERVICE BOARD EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated May 17, 2006. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To direct the City Clerk to immediately advertise and request applications from interested parties for one Civil Service Board term_ that will expire July 15, 2006, with appointment to be made at the regular Council meeting of July 11, 2006. Motion Edgerton, second Reviczky. The motion carried, noting the absence of Councilman Keegan. c. REPORT ON ATTENDANCE AT THE LEAGUE OF CALIFORNIA CITIES LEGISLATIVE ACTION DAYS. Oral reports from the attending Councilmembers. Mayor Tucker said that another discussion item at the event was improved representation for the South Bay on the Air Quality Management District because there were three to four refineries in the area and the South Bay's current representative was from Los Angeles and had no knowledge of the area; said they met with Ted Lieu & Debra Bowen. At 8:42 p.m., the order of the agenda returned to item 3(a) consent ordinances. 9. OTHER MATTERS - CITY COUNCIL - None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 23, 2006, at the hour of 8:45 p.m. to the Regular Adjourned Budget Meeting of June 1, 2006, at 7:10 p.m. City Clerk &a-4 e uty City Clerk City Council Minutes 5-23-06 Page 11921 (a) e fr u ending the `fime of th m F %i-, Z,t-o all the :• wou eft turn green arrow foreastbound traffic acific Coast Highway because traffic queues wn to Valley Drive (City Manager Burrell said that he rans to evaluate this location). CONSENT CALENDAR: City Manager Burrell deleted items 2(f) and (g) from the agenda. Action: To approve the consent calendar recommendations (a) through (I), with the exception ofitems(f) and (g) which 'were deleted by staff, and the following item, which was removed for discussion in item 4, but is shown in order for. clarity: 2Q) Edgerton, Motion Edgerton, second Reviczky. The motion carried, noting the absence of Councilman Keegan. RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MAY 9, 2006. Action: To approve the minutes of the Regular Meeting of May 9, 2006 as presented. (Keegan absent) (b) RECOMMENDATION TO ` RATIFY CHECK REGISTER NOS. 43894 THROUGH 44047, INCLUSIVE, AND TO APPROVE THE CANCELLATION OF CHECK NO. 44022, AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (Keegan absent) (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE » . AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (Keegan absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE APRIL 2006 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's' report; and 3) Investment report. . Action: To receive and file the April 2006 financial reports. (Keegan absent) (e) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated May 15, 2006. City Council Minutes 5-23-06 Page 11911 vchlist Check Register Page: 1 05/18/2006 7:10:24AM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44048 5/18/2006 00243 HERMOSA BEACH PAYROLL ACCO 05152006 1 Vouchers for bank code : boa 1 Vouchers in this report Payro11/5-1 to 5-15-06 001-1103 105-1103 109-1103 117-1103 145-1103 156-1103 160-1103 301-1103 705-1103 715-1103 Total : Bank total : Total vouchers : 454,343.64 4,003.18 1,507. 6 958. 54.14 2,650.88 10,345.51 2,902.74 3,206.81 4,643:40 484,617.20 484,617.20 484,617.20 Page: vchllst Check Register Page: 05/18/2006 4:44:04PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount • 44049 5/18/2006 05817 ACCELA INC. MR050548 Software Support/FY 06/07 715-1550 19,624.34 001-2021 384.32 001-2022 -384.32 Total : 19,624.34 44050 5/18/2006 11437 ADMINISTRATIVE SERVICES CO -01191146 TAXI VOUCHER PROGRAM/MAR 06 145-3404-4201 3,803.5 Total : 3,803.50 44051 5/18/2006 06290 AIR SOURCE INDUSTRIES 443621 Oxygen Refill/ Apr 06 001-2201-4309 261.75 Total : 261.75 44052 5/18/2006 13809 ALOHA SHARKEEZ 18878 Refund part/2nd Qtr Encroachment Fee 001-3834 1,363.02 Total : 1,363.02 44053 5/18/2006 12143 ALTEC INDUSTRIES, INC. 5439994 ANNUAL BOOM INSPECTION/HIGH LIFT TRUCI 715-2601-4201 630.40 Total : 630.40 44054 5/18/2006 13817 ALVA, JULIO CESAR 18895 Citation refund/ 1306015652 001-3302 35.00 Total : 35.0, 44055 5/18/2006 12796 AMERICAN LA FRANCE OF ES6092 Emergency Repair / Engine 11 715-2201-4311 875.00 ES6114 REPLACE BROKEN LATCH/ El 1 715-2201-4311 324.28 Total : 1,199.28 44056 5/18/2006 00152 ARAMARK UNIFORM SERVICES 586-4198954 Mats & Shop Towels /Apr 06 715-4206-4309 586-4198955 Mats & Shop Towels / Apr 06 001-3104-4309 44.00 68.00 Page: 1 vchlist Check Register Page: 2 05/18/2006 4:44:04PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44056 5/18/2006 00152 ARAMARK UNIFORM SERVICES (Continued) 586-4198956 44057 5/18/2006 13818 AVERY, LAURIE 44058 5/18/2006 13816 BAYLOR, MICHELLE L 44059 5/18/2006 11076 BOSSONIS, ANDRONIKI 586-4198957 586-4198958 586-4198959 586-4198960 586-4208948 586-4208949 586-4208950 586-4208951 586-4208952 586-4208953 586-4208954 18876 18875 Mats & Shop Towels / Apr 06 001-2201-4309 Mats & Shop Towels / Apr 06 001-2101-4309 Mats & Shop Towels / Apr 06 001-4204-4309 Mats & Shop Towels / Apr 06 001-4204-4309 Mats & Shop Towels / Apr 06 001-3302-4309 Mats & Shop Towels / Apr 06 715-4206-4309 Mats & Shop Towels / Apr 06 001-3104-4309 Mats & Shop Towels / Apr 06 001-2201-4309 Mats & Shop Towels / Apr 06 001-2101-4309 Mats & Shop Towels / Apr 06 001-4204-4309 Mats & Shop Towels / Apr 06 001-4204-4309 Mats & Shop Towels/ Apr 06 001-3302-4309 Citation Refund/ 1 001-3302 Citation Refund/ 1 001-3302 306015866 806010200 18866 Instructor Pymt/ 10791, 10792 Total : Total : Total : 43.00 51. 68.4 51.20 45.28 41.00 68.00 43.00 51.62 68.48 51.. 45.28 740.16 25.00 25.00 35.00 35.00 Page: 2 5 vchlist Check Register 05/18/2006 4:44:04PM CITY OF HERMOSA BEACH Page: 3 Bank code : boa Voucher Date Vendor Invoice Description/Account 44059 5/18/2006 11076 BOSSONIS, ANDRONIKI 44060 5/18/2006 08482 BOUND TREE MEDICAL,LLC (Continued) 50261923 70020122 44061 5/18/2006 03372 CA EMS PERSONNEL FUND 18817 44062 5/18/2006 00016 CALIFORNIA WATER SERVICE 4286211111 44063 5/18/2006 10547 CBM CONSULTING, INC. 323007 324007 18871 18872 001-4601-4221 Medical Supplies/Fire Dept/Mar 06 001-2201-4309 Medical Supplies-Returned/Apr 06 001-2201-4309 EMS Renewal/ J De Los Santos 001-2201-4317 Water Usage - Mar 06 105-2601-4303 001-6101-4303 001-4204-4303 109-3304-4303 ENGINEERING SERVICES/ APR 06 301-8117-4201 301-8117-4201 ENGINEERING SERVICES/ APR 06 301-8120-4201 44064 5/18/2006 12111 CHACO, JOHN Instructor Pymt/ 10809, 10813 001-4601-4221 44065 5/18/2006 06307 CHASE, MARGARET Instructor Pymt/10623,626,629 001-4601-4221 44066 5/18/2006 13361 CINGULAR WIRELESS 556214765X05112006 CeII Phone Usage - Apr 06 001-4202-4304 Total : Amount 546.00 546.00 2,924.07 -2,421.1111 Total : 502.41. 130.00 Total : 130.00 1,034.04 2,324.94 783.14 121.87 Total : 4,263.99 7,913.00 629.00 14,017.7 Total : 22,559, Total : 448.00 448.00 819.00 Total : 819.00 270.05 Page: vchlist Check Register Page: 05/18/2006 4:44:04PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44066 5/18/2006 13361 CINGULAR WIRELESS (Continued) Total : 270.05 44067 5/18/2006 04928 COLEN & LEE AS AGENT FOR THE 51706 Reimburse Liability Trust/ 5-17-06 705-1209-4324 157,593.95 Total : 157,593.95 44068 5/18/2006 08730 COMMUNICATIONS CENTER 53423 - RADAR SERVICED/ Apr 06 • 001-2101-4309 103.70 Total : 103.70 44069 5/18/2006 07809 CORPORATE EXPRESS 70024857 Office Supplies / Apr 06 001-4601-4305 66.38 70024858 Office Supplies / Apr 06 001-4601-4305 79.14 Total : 145.52 44070 5/18/2006 11398 DEBILIO DISTRIBUTORS,INC 220805 Prisoner's Meals/ Apr 06 001-2101-4306 208.53 Total : 208.53 44071 5/18/2006 00165 EDDINGS BROTHERS AUTO PART; 042906 Returned Auto Parts / Apr 06 715-3104-4311 -0.07 42906 Auto Parts Purchase/ Apr 06 715-2101-4311 86. 715-2601-4311 45.I 715-3102-4311 33.84 715-3302-4311 96.09 715-4201-4311 6.20 715-4601-4311 6.20 715-6101-4311. 96.54 001-2021 7.57 001-2022 -7.57 Total : 370.76 44072 5/18/2006 13797 EVERLAST PAINTING CO 51006 PAINT STREETLIGHT POLES/ HERMOSA AVE 105-2601-4201 11,100.00 105-2601-4201 900.00 Page: 4 vchllst Check Register Page: 05/18/2006 4:44:04PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44072 5/18/2006 13797 EVERLAST PAINTING CO (Continued) 44073 5/18/2006 13814 FRANK CREATIVE WORKGROUP IN 18840 Cash Key Deposit Refund/36831 001-2117 44074 5/18/2006 01320 GALLS/LONG BEACH UNIFORM CO 761070 . UNIFORMS / S MAHER 001-2101-4314 765654 Uniforms / K. Averill 001-2101-4314 Total : 12,000.00 10.00 Total : 10.00 Total : 559., 362.27 921.60 44075 5/18/2006 05125 GHASSEMI PETTY CASH, MARIA 18891 Petty Cash Replenish/4-11 to 5-16-06 001-1121-4305 8.66 001-1201-4317 25.00 001-1203-4201 104.91 001-1208-4305 108.24 001-2101-4305 8.34 001-2101-4314 16.18 001-2101-4317 53.00 001-2201-4305 57.94 001-2201-4314 28.00 001-4201-4305 38.95 001-4202-4304 23.54 001-4202-4305 13.39 001-4204-4309 34.5 001-4202-4317 130. 001-4601-4305 55.0 001-4601-4308 163.06 140-4707-4317 26.26 Total : 895.99 44076 5/18/2006 13746 GOMEZ, LESLIE GARCIA 10594,598,600,603 Instructor Pymt/ 10585,588,591 001-4601-4221 1,078.00 Total : 1,078.00 44077 5/18/2006 12311 GREMAUD, MARIE BAPTISTE 18865 Instructor Pymt/ 10651, 10656 001-4601-4221 315.00 Page: 5 6 vchlist Check Register Page: 6 05/18/2006 4:44:04PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44077 5/18/2006 12311 GREMAUD, MARIE BAPTISTE (Continued) Total : 315.00 44078 5/18/2006 04108 HAZELRIGG RISK MGMT SERV, INC 51506 Workers Comp Claims/ 5-15-06 705-1217-4324 Total : 44079 5/18/2006 12151 JAHNG, CHRISTOPHER Y. 18819 Instructor Pymt/ 10549 001-4601-4221 Total : 44080 5/18/2006 11616 JOHNSON, KIMBERLY 10667-668 Instructor Pymt/10661, 662, 663 001-4601-4221 Total : 14,751.22 14,751.22 • 3,500.00 3,500.00 2,924.95 2,924.95 44081 5/18/2006 13686 KELLER, ELIZABETH 18846 Citation Refund/ 1106013130 001-3302 30.00 Total : 30.00 44082 5/18/2006 00843 L.A. COUNTY METROPOLITAN 5060192 Bus Pass/Stamp Sales / May 06 145-3403-4251 5060677 Bus Passes/Stamps Sales - May 06 145-3403-4251 Total 44083 5/18/2006 07575 LEVY, ISAAC 18906 2005 Assessment Tax Rebate 105-3105 Total : 44084 5/18/2006 10805 LYNN, LISA 18873 Reimburse/Supplies for Temp Office 001-4601-4305 Total : 411.18 196.00 40.00 236.00 24.0 24.61 411.18 44085 5/18/2006 13658 MBF CONSULTING, INC. 200-169 DESIGN & ENGRG/1-30 TO 4-23-06 160-8413-4201 200-170 ENGINEER&DESIGN/1-30 TO 4-23-06 160-8418-4201 Total : 23,286.00 10,426.00 33,712.00 Page: vchlist Check Register Page: 05/18/2006 4:44:04PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44086 5/18/2006 10455 MUNI FINANCIAL 37807 Annual Information Stmnt 137-1219-4201 37808 Annual Information Stmnt 138-1219-4201 44087 5/18/2006 13807 MUTINY MEDIA, INC 123814-815 Damage Deposit Refund 001-2111 44088 5/18/2006 06955 NIEMANN, WILLIAM 18894 2005 Assessment Tax Rebate 105-3105 44089 5/18/2006 13806 ODENAKA, RUEDEEMARD 123769 Class Refund 001-2111 44090 5/18/2006 13114 OFFICE DEPOT 335340198-001 Office Supplies/ Apr 06 001-2101-4305 335392899-001 Office Supplies / Apr 06 001-1203-4305 16.55 Total : 91.24 44091 5/18/2006 06142 ORANGE COUNTY REGISTER, THE 0058874200 EMPLOYMENT AD/COMM. SERV. OFFICER 1,500.00 1,500.00 Total : 3,000.00 500. Total : 500.1111. 24.61 Total : 24.61 85.00 Total : 85.00 74.69 001-1203-4201 482.* Total : 482. 44092 5/18/2006 13805 OSTRENKO, KAY 123768 Damage Deposit Refund 001-2111 500.00 Total : 500.00 44093 5/18/2006 11539 PROSUM TECHNOLOGY SERVICES 17629 F1LEMAKER PRO 8.0 SOFTWARE 001-4101-4305 312.69 Total : 312.69 44094 5/18/2006 12006 RAMIREZ, RAQUEL 18767 Instructor Pymt/ 10878 001-4601-4221 227.50 Page: vchlist Check Register Page: 05/18/2006 4:44:04PM CITY OF HERMOSA BEACH Bank code : boa 'Voucher Date Vendor Invoice Description/Account Amount 44094 5/18/2006 12006 RAMIREZ, RAQUEL (Continued) Total : 227.50 44095 5/18/2006 04800 RAY, VINCE 18868 Instructor Pymt/ 10737 001-4601-4221 448.00 Total : 448.00 44096 5/18/2006 03353 S.B.C.U. VISA 04361 1 00041 1 3242301 Management Retreat / May 06 • 001-1203-4317 1,845.00 Total : 1,845.00 44097 5/18/2006 13786 SB WIRELESS 1008 TROUBLESHOOT WI -FI SYSTEM 715-1206-4201 120.00 Total : 120.00 44098 5/18/2006 09656 SHRED IT CALIFORNIA 333438911 Shredding Services/ Apr 06 001-2101-4201 129.50 Total : 129.50 44099 5/18/2006 09811 SIGLER, WILLIAM E. 18867 Instructor Pymt/ 10817, 10819 a 001-4601-4221 1,788.50 Total : 1,788.50 44100 5/18/2006 00114 SMART & FINAL IRIS COMPANY 165 Teen Extreme Supplies 001-4601-4308 7247 Prisoner Supplies / Apr 06 001-2101-4306 Total : 34.68 18.8 53.48 44101 5/18/2006 08812 SOUTH BAY REGIONAL PUBLIC CO 200506440 MDC'S FOR FIRE DEPT APPARATUS 150-2204-5405 58,577.16 001-2201-5405 3,064.50 Total : 61,641.66 44102 5/18/2006 00159 SOUTHERN CALIFORNIA EDISON C 2-00-989-6911 Electrical Billing - Apr 06 105-2601-4303 97.93 2-00-989-7315 Electrical Billing - Apr 06 105-2601-4303 9,958.36 Page: 8 vchlist Check Register Page: 9 05/18/2006 4:44:04PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44102 5/18/2006 00159 SOUTHERN CALIFORNIA EDISON C (Continued) 2-01-836-7458 Electrical Billing - Apr 06 105-2601-4303 28.30 2-02-274-0542 Electrical Billing - Apr 06 001-6101-4303 12.17 2-08-629-3669 Electrical Billing - Apr 06 001-4204-4303 112.03 2-09-076-5850 Electrical Billing - Apr 06 105-2601-4303 29.3 2-10-947-9824 Electrical Billing - Apr 06 105-2601-4303 98.14 2-20-128-4825 Electrical Billing - Apr 06 109-3304-4303 1,938.07 2-20-128-5475 Electrical Billing - Apr 06 001-4204-4303 26.19 2-20-984-6179 Electrical Billing - Apr 06 105-2601-4303 22.09 2-20-984-6369 Electrical Billing - Apr 06 105-2601-4303 187.31 2-21-400-7684 Electrical Billing - Apr 06 105-2601-4303 25.38 2-21-964-8003 Electrical Billing - Apr 06 105-2601-4303 24.85 2-22-267-0663 Electrical Billing - Apr 06 109-3304-4303 64.0 2-23-687-8021 Electrical Billing - Apr 06 001-3104-4303 74.75 Total : 12,699.38 44103 5/18/2006 12930 SPANGLER, DANIELLE 18870 Instructor Pymt/ 10787 001-4601-4221 598.50 Total : 598.50 44104 5/18/2006 13813 STEVENS, JESSICA 18826 Parking Permit Refund / 07-1052 001-3843 35.00 Page: vchlist Check Register Page: 10 05/18/2006 4:44:04PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44104 5/18/2006 13813 STEVENS, JESSICA (Continued) Total 35.00 44105 5/18/2006 09078 TRUGREEN LAND CARE REGIONAL 2455034987 REMOVE TREE STUMPS BY FIRE STATION 180-8610-4201 1,100.00 2455036127 EXTRA WORK/APR 06 001-6101-4201 200.0 2455045849 LANDSCAPE MAINTENANCE/APR 06 001-6101-4201 16,135.64 105-2601-4201 695.25 109-3301-4201 257.50 2455045850 LANDSCAPE MAINTENANCE / APR 06 109-3301-4201 927.00 105-2601-4201 2,575.00 Total : 21,890.39 44106 5/18/2006 08097 UNION BANK OF CALIFORNIA 18113514 Safekeeping Fees/ Apr 06 001-1141-4201 291.67 Total : 291.67 44107 5/18/2006 00015 VERIZON CALIFORNIA 310 372-6373 040311 Phone Charges - 5-7 to 6-7-06 001-1203-4304 310 406-2421 000725 Circuit Billing / May 06 001-2101-4304 44108 5/18/2006 13812 WAINWRIGHT, JON 18883 Citation Refund/ 1505015472 32.04 38.60 Total : 70.1) 001-3302 55.00 Total : 55.00 44109 5/18/2006 13359 WITTMAN ENTERPRISES, LLC 2006000366 AMB Billing Service / Mar 06 001-1202-4201 61 Vouchers for bank code : boa 61 Vouchers In this report Total : Bank total : Total vouchers : 2,121.46 2,121.46 395,501.21 395,501.21 Page: 10 // vchlist Check Register Page: 1 05/25/2006 4:52:14PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice 44110 5/25/2006 08955 AAE INC. Description/Account Amount 14680 TRAFFIC ENGINEERING SERVICES/APR 06 001-3104-4201 44111 5/25/2006 13819 ADLER, JANICE AND STEVE 18890 Work Guarantee Refund/#5982 001-2110 44112 5/25/2006 11511 ADVANCED INFRASTRUCTURE TE( 3146 SEWER CLEANING TOOL 160-3102-4309 3150 SEWER RODDER GUIDE HOSE 160-3102-4309 44113 5/25/2006 12066 AIT 44114 5/25/2006 11837 AJILON OFFICE 6958 6970 Toners, Inks/ May 06 715-1206-4305 Toners, Inks/ May 06 001-2101-4305 Total : Total : Total : Total : 3,149.04 3,149.04 1,600.00 1,soo.l� 537.13 930.95 1,468.08 297.39 446.47 743.86 T000278472 Temp Serv/ wk end 3-19-06 001-4601-4201 427.20 T000278473 Temp Serv/ wk end 3-26-06 001-4601-4201 569.60 T000283080 Temp Serv/ wk end 4-02-06 001-4601-4201 271. T000287824 Temp Serv/ wk end 4-9-06 001-4601-4201 320.40 T000297380 Temp Serv/ wk end 4-16-06 001-4601-4201 213.60 T000297361 Temp Serv/ wk end 4-23-06 001-4601-4201 324.85 T000302194 Temp Serv/ wk end 4-30-06 001-4601-4201 462.80 Page: /9. vchlist Check Register Page: 05/25/2006 4:52:14PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44114 5/25/2006 11837 AJILON OFFICE (Continued) T000306947 Temp Serv/ wk end 5-7-06 001-4601-4201 413.85 Total : 3,003.75 44115 5/25/2006 06827 ALL CITY MANAGEMENT 7259 CROSSING GUARD SERVICE/4-16 TO 4-29-06 001-2102-4201 3,110. Total 3,110.49 44116 5/25/2006 05628 AMERICAN PLANNING ASSOCIATIC 106842-030506 Membership RenewaVS Blumenfeld 001-4101-4315 44117 5/25/2006 09366 AQUA FLO 500728 Irrigation Supplies/ Apr 06 001-6101-4309 44118 5/25/2006 07520 'BEHAVIOR ANALYSIS TRNG INST. 18919 Registration/ L. Phillips 001-2101-4312 Total : 280.00 280.00 96.34 Total : 96.34 Total : 472.00 472.00 44119 5/25/2006 03190 BLUEPRINT SERVICE & SUPPLY CC 129388 Spec Copies / Apr 06 001-4202-4201 177.10 129461 Plan Copies / Apr 06 001-4202-4201 59.. 129498 Plan Addendeum Copies / Apr 06 001-4202-4201 37.54 129624 Plan Copies / Apr 06 122-8631-4201 39.94 129625 Plan Addendum Copies / Apr 06 001-4202-4201 50.01 129642 Plan Copies / Apr 06 301-8626-4201 343.69 129759 Plan Maps Copies / Apr 06 001-4202-4201 21.65 129843 Plan and Spec Copies / Apr 06 001-4202-4201 128.60 Page: 2 vchlist Check Register Page: 3 05/25/2006 4:52:14PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44119 5/25/2006 03190 BLUEPRINT SERVICE & SUPPLY CO(Continued) Total : 857.89 44120 5/25/2006 08482 BOUND TREE MEDICAL,LLC 50286106 Medical Supplies -Fire Dept./Apr 06 001-2201-4309 526.13 50286144 Medical Supplies -Fire Dept./ May 06 001-2201-4309 17.95 Total : 544.08 44121 5/25/2006 13828 BREAKWATER CHURCH 124015 Damage Deposit Refund • 001-2111 500.00 Total : 500.00 44122 5/25/2006 05621 BURRELL, STEPHEN R. 976 Travel Expense Reimbuse 001-1201-4317 110.12 Total : 110.12 44123 5/25/2006 10666 CALIFORNIA CONF OF ARSON 18945 REGISTRATION/B. SCOTT 001-2201-4315 55.00 Total : 55.00 44124 5/25/2006 13826 CHANG, CHING HSIU 18908 Citation Refund/ 1606017653 001-3302 70.00 Total : 70.00 44125 5/25/2006 00634 CHEVRON AND TEXACO CARD SEF 7898192088605 Gas Card Purchases/ Apr 06 715-2101-4310 451.67 Total : 451.10 44126 5/25/2006 05935 CLEAN STREET 44108-A CREDIT MEMO CORRECTION 001-3104-4201 399.42 44109-A CREDIT MEMO CORRECTION 001-3104-4201 399.42 44110-A CREDIT MEMO CORRECTION 001-3104-4201 399.42 45890 PIER/DWNTWN CLEANING/APR 06 109-3301-4201 8,442.52 001-6101-4201 2,814.14 Page: vchlist Check Register Page: 4 05/25/2006 4:52:14PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44126 5/25/2006 05935 CLEAN STREET (Continued) 45891 CITYWIDE STREET SWEEPING/APR 06 001-3104-4201 15,530.00 Total : 27,984.92 44127 5/25/2006 00352 COAST SIGNS & GRAPHICS 202336 LETTERS&SYMBOLS/COMM CENTER MARQUE 001-4204-4309 920.0 Total : 920.01 44128 5/25/2006 04715 COLEN AND LEE 2738 GENERAL LIABILITY CLAIMS ADMIN/APR 06 705-1209-4201 Total : 44129 5/25/2006 09614 CONTINENTAL MAPPING SERVICE 50406 1,000.00 1,000.00 300' Noticing - Loma Dr/May 06 001-4101-4201 499.00 Total : 499.00 44130 5/25/2006 07809 CORPORATE EXPRESS 70104957 Office Supplies / May 06 001-1208-4305 183.40 70135565 Office Supplies/ Apr 06 001-4601-4305 61.53 70136363 ADDING MACHINE/ MONROE 2020+2 001-1141-4305 126.63 70263003 Office Supplies / May 06 001-1208-4305 65.10 Total : 436.66 44131 5/25/2006 03674 CPS HUMAN RESOURCE SERVICE RTN07462 Return Test Materials 001-1203-4201 SOP18037 Test Mat/ Pub Wrks Supervisor 001-1203-4201 SOP18126 Test Materials/ CSO 001-1203-4201 Total : 44132 5/25/2006 00850 CURTIS, L.N. 1088414-00 Emergency Fire Hose Replacement 001-2201-5402 -35.00 429.00 937.25 1,331.25 1,351.58 Page: 4 I.c vchlist Check Register Page: 5 05/25/2006 4:52:14PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44132 5/25/2006 00850 CURTIS, L.N. (Continued) 44133 5/25/2006 08855 D & D SERVICES, INC. 42606 44134 5/25/2006 01390 DAPPER TIRE CO. 403008 403009 Dead Animal Disposal/ Apr 06 001-3302-4201 Tires Purchase / Apr 06 715-4601-4311 Tires Purchase / Apr 06 715-4601-4311 44135 5/25/2006 04689 DATA TICKET, INC. 18014 DMV Record Retrieval - Apr 06 001-1204-4201 44136 5/25/2006 00154 DEPARTMENT OF ANIMAL CARE & 50706 Shelter Services/ Apr 06 001-3302-4251 44137 5/25/2006 00364 DEPARTMENT OF JUSTICE 569061 New Employee Fingerprints/Apr 06 001-1203-4251 44138 5/25/2006 13821 DOUGLAS, DEREK 18904 Work Guarantee Refund/ #6568 001-2110 44139 5/25/2006 10668 EXXON MOBIL FLEET/GECC 10409586 Gas Card Purch/ Apr 06 Total : 1,351.58 295.00 Total : 295.00 187.8. 187.81 Total : 375.62 171.22 Total : 171.22 4.03 Total : 4.03 64.00 Total : 64.00 1,600.00 Total : 1,600.1 Page: 5 �L vchlist Check Register Page: 05/25/2006 4:52:14PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44139 5/25/2006 10668 EXXON MOBIL FLEET/GECC (Continued) 715-2101-4310 4,718.70 715-2201-4310 622.78 715-4202-4310 145.64 I 715-6101-4310 293.67 I 715-3302-4310 402.10 715-3104-4310 295. 715-4601-4310 104.26 715-2601-4310 228.55 715-3102-4310 74.79 001-1250 83.44 715-4201-4310 189.83 Total : 7,159.35 44140 5/25/2006 01962 FEDERAL EXPRESS CORP. 1-003-79185 Delivery Ser/ 4-12 thru 5-4-06 001-4202-4201 432.67 001-1201-4305 48.83 Total : 481.50 44141 5/25/2006 13824 FOSTER, BARBARA 18917 Citation Refund/ 1406021153 001-3302 35.00 Total : 35.00 44142 5/25/2006 13830 GERSTEN, MELANIE 18922 ICI Career Kit 001-4601-4308 340.0 Total 340.99 44143 5/25/2006 12773 HARRIS, CHERI L. 20060502 Transcription/ Comm Resources 001-4601-4201 73.50 Total : 73.50 44144 5/25/2006 06518 HAYER CONSULTANTS, INC. 2569 Plan Check/Jan and Mar 06 001-4201-4201 1,242.31 Total : 1,242.31 44145 5/25/2006 05824 HENDRICKS, PENNY 124021 Damage Deposit Refund 001-2111 500.00 Page: 6 / vchlist Check Register Page: 05/25/2006 4:52:14PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44145 5/25/2006 05824 HENDRICKS, PENNY (Continued) 44146 5/25/2006 00065 HERMOSA BEACH CAR WASH, ZIP! 50106 44147 5/25/2006 13832 HOLM, MADELEINE 124031 44148 5/25/2006 06100 IRON MOUNTAIN OFF-SITE DATA 101024593 44149 5/25/2006 13741 JAS PACIFIC, INC 44150 5/25/2006 13822 JOSEPH, BRETT 44151 5/25/2006 13734 KOVAC-REEDY, KELLY BI 8866 18914 18942 44152 5/25/2006 13827 LARRY WOLF, ARNOLD GOLDSTEII 18910 44153 5/25/2006 11452 LEHNER/MARTIN,INC 958003 44154 5/25/2006 08445 LITTLE CO OF MARY HOSPITAL 00024645001 City Car Washes / Apr 06 715-2101-4311 Class Refund 001-2111 Off Site Storage/ Apr 06 715-1206-4201 Sr. Bldg Inspector/ Apr 06 001-4201-4201 Citation Refund/ 1406020511 001-3302 Expense Reimb/HB Neighborhood Watch 001-2101-4201 Lease Payment 715-1206-5402 Helium Tank Refill/ Apr 06 001-4601-4308 First Aid / S Ward 001-1203-4320 Total : 500.00 220.85 Total : 220.85 89.0 Total: 89. 198.33 Total : 198.33 8,840.00 Total : 8,840.00 35.00 Total : 35.00 1,721.00 Total: 1,721.00 36.110 Total : 36.00 19.20 Total : 19.20 208.00 Total : 208.00 Page: 7 /V vchlist Check Register Page: 05/25/2006 4:52:14PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44155 5/25/2006 13606 LOBO, PEPE HB0206 WEBSITE DEVELOPMENT 109-4603-4201 1,000.00 Total : 1,000.00 44156 5/25/2006 09267 LOS ANGELES BUSINESS JOURNAI LA160261 SUBSCRIPTION RENEWAL 001-1202-4317 99.4111 Total : 99.9 44157 5/25/2006 13833 MAIER, CHRISTINA 123863 Class Refund 001-2111 140.00 Total : 140.00 44158 5/25/2006 10324 MBIA MUNI SERVICES COMPANY INV -11914 TOT AUDIT/ APR 06 001-1202-4201 5,101.34 Total : 5,101.34 44159 5/25/2006 01911 MEDICAL INSTITUTE 556347 First Aid/ E. Freeman 001-1203-4320 117.00 556347-01 First Aid/ E. Freeman 001-1203-4320. 126.00 Total : 243.00 44160 5/25/2006 13836 MEDICARE-NHIC 0006114000105 AMB Transport Refund/ 569144198D 001-3840 34.4. Total : 34.4 44161 5/25/2006 12077 MONSTER TRAK 2043316 Employment Ads/Rec Leader 001-1203-4201 175.00 2043317 Employment Ads/ Camp Counselor 001-1203-4201 175.00 Total : 350.00 44162 5/25/2006 13791 MONTROSE &ASSOCIATES, INC. 23546 Camera Maint, Council Chamb/May 06 715-4204-4201 250.00 Total : 250.00 44163 5/25/2006 07634 MUSIC ROOM PRODUCTIONS HB050206 Audio Tapes Duplication/ May 06 001-2101-4201 313.75 Page: 8 l4 vchlist Check Register Page: 05/25/2006 4:52:14PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44163 5/25/2006 07634 MUSIC ROOM PRODUCTIONS 44164 5/25/2006 13114 OFFICE DEPOT (Continued) 336254536-001 44165 5/25/2006 13825 OLSEN GENERAL CONTRACTORS 18905 44166 5/25/2006 10139 PARKING CONCEPTS INC. 44167 5/25/2006 11574 PHILLIPS, LANDON 44168 5/25/2006 00398 POSTMASTER 44169 5/25/2006 00740 POSTMASTER, UNITED STATES 284 0406 285 0406 18920 18947 18936 44170 5/25/2006 11539 PROSUM TECHNOLOGY SERVICES 17666 17684 17700 Total : Memory Card/Detective Cameras 001-2101-4305 Total : Work Guarantee Refund/ 6584 313.75 30.04 30.04 001-2110 1,600.4 Total : 1,600. OPERATIONS PARKING STRUCTURE /APR 06 109-3304-4231 16,166.13 OPERATING EXPENSES LOT A/APR 06 109-3305-4231 9,453.52 Total : 25,619.65 Per Diem/Investigation Class 001-2101-4312 Total : Postage/Streelight&LandscapeSu ppDist 105-2601-4201 Total : Postage/Bulk Mail Permit # 52 001-4601-4305 Total : Computer Supp Sery / Apr 06 715-1206-4201 12,300.00 TONER FOR HP 2430N PRINTERS, PART # 715-1206-4305 792.75 Computer Supp Sery / Apr 06 001-2101-4201 750.00 Total : 13,842.75 40.00 40.00 2,696.00 2,696.00 1,000.00 1,000.10 44171 5/25/2006 03726 RUSHER AIR CONDITIONING 111721 EMERGENCY REPAIR OF AC IN JAIL AREA 001-4204-4201 168.00 Page: 9 vchlist 0512512006. 4:52:14PM Check Register CITY OF HERMOSA BEACH Page: 10 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44171 5/25/2006 03726 RUSHER AIR CONDITIONING (Continued) 44172 5/25/2006 03353 S.B.C.U. VISA 0436124072006117421 104361240720061174 216610200085839702• 216610700025345369• 262610362419220498 262610362419220499 262610362419220500' 2626103624192205021 262612268300033506' 501611120779329500 541612312123396597. 565610564967845883' 44173 5/25/2006 00321 SBC 331 254-5071 301 5 333 267-6155 686 9 333 267-6160 767 0 333 267-6161 416 3 Total : 168.00 Lodging/J.Crawford 001-2201-4317 LODGING/J.GOMEZ 001-2201-4317 HEADSET/RECEIVER LIFTER/PUB WRKS 001-4202-4305 PUBLICATIONS 001-2201-4305 Airfare/ P Tucker 001-1101-4317 Airfare/ M Keegan 001-1101-4317 Airfare/ J.R. Reviczky 001-1101-4317 Airfare / S Burrell 001-1201-4317 Airfare / S Burrell 001-1201-4317 ADOBE SOFTWARE/ PUB WORKS 001-4202-4201 Wireless Headset/City Mgr Office 001-1201-4304 Lodging/ A Marks 001-2201-4317 Circuit Billing/ May 06 001-2101-4304 Circuit Billing/ May 06 001-2101-4304 Circuit Billing/ May 06 001-2101-4304 Circuit Billing/ May 06 001-2101-4304 Total : 289.14 289.0 234.84 98.17 509.20 254.60 254.60 254.60 313.09 541.94 23.5, 462.00 3,524.86 57.66 188.36 59.44 59.44 Page: 10 vchllst 05/25/2006 4:52:14PM Check Register CITY OF HERMOSA BEACH Page: 11 Bank code : boa Voucher Date Vendor Invoice DescriptionlAccount Amount 44173 5/25/2006 00321 SBC 44174 5/25/2006 12524 SCHAAR HOMES, INC 44175 5/25/2006 13823 SCOTT, DAVID 44176 5/25/2006 11049 SHAKESPEARE BY THE SEA 44177 5/25/2006 11831 SIR SPEEDY 44178 5/25/2006 10960 SOUTH BAY AUTO UPHOLSTERY 50206 44179 5/25/2006 00159 SOUTHERN CALIFORNIA EDISON C 2-19-024-1604 (Continued) 333 267-6164 193 5 333 267-6165 717 0 18907 18913 18915 04.104SBTS 34514 44180 5/25/2006 13834 SOVEY, JEN 2-26-686-5930 124032 Circuit Billing/ May 06 001-2101-4304 Circuit Billing/ May 06 001-2101-4304 Work Guarantee Bond Refund 001-2110 Work Guarantee Refund/ 4825 001-2110 Citation Refund/ 1306014264 001-3302 Performance Deposit 001-1550 Prelim Budget Copies/FY 06-07 001-1101-4305 AUTO SEAT REUPHOLSTERED/GO-4 715-3302-4311 Electrical Billing - Apr 06 001-6101-4303 Electrical Billing - Apr 06 105-2601-4303 Class Refund 001-2111 Total : Total : Total : Total : Total : Total : Total : 50.68 50.68 466.26 5,000.( 1,600.00 6,600.00 25.00 25.00 500.00 500.00 1,796.95 1,796.95 129. 129.9 241.99 1,649.11 1,891.10 89.00 Page: 11 vchlist Check Register 05/2512006 4:52:14PM CITY OF HERMOSA BEACH Page: 12 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44180 5/25/2006 13834 SOVEY, JEN (Continued) Total : 89.00 44181 5/25/2006 00146 SPARKLETTS 0506 2553313 447278 Drinking Water/ Apr 06 001-4601-4305 18.14 0506 2553411 447298 Water Cooler Rental/ Apr 06 001-2201-4305 2. Total : 20. 0 44182 5/25/2006 11209 UC REGENTS 06050238 CONTINUING EDUCATION/ MAR 06 001-2201-4201 1,823.26 Total : 1,823.26 44183 5/25/2006 08207 UNDERGROUND SERVICE ALERT 420060307 Service Alerts / May 06 160-3102-4201 100.80 Total : 100.80 44184 5/25/2006 04768 UPTIME COMPUTER SERVICE 19804 Printer Maintenance / May 06 715-1206-4201 619.52 Total : 619.52 44185 5/25/2006 01340 VERIZON 44186 5/25/2006 00015 VERIZON CALIFORNIA CZ3000009728CH815 Relocate Phones/ Comm Center 301-8626-4201 Total : 734.13 734.13 310 167-1756 990511 Circuit Billing / May 06 001-2101-4304 277.60 310197-3683 Phone Charges! May 06 715-1206-4304 376.76 001-3302-4304 64.57 001-2101-4304 1,264.58 001-4204-4321 58.64 001-2201-4304 237.90 001-4601-4304 148.33 001-4202-4304 125.95 001-4201-4304 87.44 109-3304-4304 31.04 001-1204-4304 31.40 Page: 12 7� vchlist Check Register Page: 13 05/25/2006 4:52:14PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44186 5/25/2006 00015 VERIZON CALIFORNIA (Continued) 310 PLO -0346 030623 Circuit Billing / May 06 001-2101-4304 41.94 Total : 2,746.16 44187 5/25/2006 06098 WONDRIES FLEET DIVISION 13367609 06 FORD RANGER PICK-UP TRUCK 715-3302-5403 17,737.94 14894777 06 CHEVROLET IMPALA/ INTERIM CHIEF BARF 715-2101-5403 20, 894. Total : 38,632.36 44188 5/25/2006 00135 XEROX CORPORATION 017055608 Copier Maintenance / Apr 06 001-2101-4201 166.99 Total : 166.99 44189 5/25/2006 13811 ZIVEC DEVELOPMENT, INC 18889 Work Guarantee Refund/ # 5485 001-2110 1,600.00 Total : 1,600.00 44190 5/25/2006 01206 ZUMAR INDUSTRIES 0086107 Street Sign Maint Material/ May 06 001-3104-4309 379.09 0086121 Street Sign Maint Material/ May 06 001-3104-4309 568.31 0086125 Street Sign Maint Material/ May 06 001-3104-4309 454.65 Total : 1,402.0 81 Vouchers for bank code : boa Bank total : 189,142.W 81 Vouchers in this report Total vouchers : 189,142.25 Page: 13 vchlist Check Register Page: 06/01/2006 5:00:15PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44191 6/1/2006 11437 ADMINISTRATIVE SERVICES CO -01191565 TAXI VOUCHER PROGRAM/ APR 06 145-3404-4201 3,580.43 Total : 3,580.43 44192 6/1/2006 06290 AIR SOURCE INDUSTRIES 444417 Oxygen Refill/ May 06 001-2201-4309 77.4 Total : 77.40 44193 6/1/2006 12470 AMERICA'S TROPHY COMPANY 42506 MEMORIAL PLAQUE,NOBLE PARK BENCH/J FF 001-6101-5402 185.65 Total : 185.65 44194 6/1/2006 05179 AT&T 019 360 8382 001 Phone Charges / May 06 001-1101-4304 0.16 001-1121-4304. 1.06 001-1132-4304 0.40 001-1141-4304 1.15 001-1201-4304 0.81 001-1202-4304 13.82 001-1203-4304 9.93 901-2101-4304 72.73 001-2201-4304 47.36 001-4101-4304 7.4 001-4201-4304 22.7 001-4202-4304 18.36 001-4204-4321 9.31 001-4601-4304 18.99 001-1204-4304 6.10 715-1206-4304 0.86 055 354 2649 001 Fax -Long Distance/ May 06 001-1204-4304 29.25 Total : 260.46 44195 6/1/2006 11575 BNY WESTERN TRUST COMPANY Prepymt acct 804552 Parcel#4187-019-017 618-2253 8,667.79 Page: 1 aS- vchlist Check Register Page: 2 06/01/2006 5:00:15PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44195 6/1/2006 11575 BNY WESTERN TRUST COMPANY (Continued) Total : 8,667.79 44196 6/1/2006 08482 BOUND TREE MEDICAL,LLC 50261980 Medical Supplies - Fire Dept/Mar 06 001-2201-4309 50.60 Total : 50.60 44197 6/1/2006 13157 CAHALAN, ERIC 18939 Reimburse expense/Transport Fugitive 001-2101-4201 521.5 Total : 521. 44198 6/1/2006 13829 CLASSIC TENTS 74379-6 Equip Rent/ Summer Celebration 001-4601-4308 308.25 Total : 308.25 44199 6/1/2006 00352 COAST SIGNS & GRAPHICS 202351 INSTALL LETTERING FOR COMM SERV BLDG 001-4204-4321 693.87 Total : 693.87 44200 6/1/2006 04928 COLEN & LEE AS AGENT FOR THE 52506 44201 6/1/2006 09614 CONTINENTAL MAPPING SERVICE 51206 Settlement / Kim 705-1209-4324 Total 65,000.00 65,000.00 300' Noticing/1811 Manhattan&138 First 001-1121-4201 998.00 Total : 998.00 44202 6/1/2006 00349 CSULB FOUNDATION 18968 Registration/L Heard 001-2101-4312 Total : 581.1) 581.00 44203 6/1/2006 13842 FISLER, SANDY 124103 Rental Deposit Refund 001-2111 50.00 Total : 50.00 44204 6/1/2006 13481 GASSER OLDS COMPANY 18937 Plaques/Jazz Dedication 001-2165 Total : 1,447.38, 1,447.38 Page: 2 .26 vchlist Check Register Page: 06/01/2006 5:00:15PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44205 6/1/2006 00427 GFOA 0021001 44206 6/1/2006 13844 HARDT, YANUSZ MARIO 18964 44207 6/1/2006 03131 HDL COREN & CONE 0010859 -IN 44208 6/1/2006 06093 HEARD, LANCE 18969 Membership Renewal / V Copeland 001-1202-4315 175.00 Total : 175.00 30. Total : 30. 1,250.00 Total : 1,250.00 Per Diem/ Field Evidence Tech Class 001-2101-4312 80.00 Total : 80.00 Citation Refund/ 1206009865 001-3302 PROP TAX AUDIT SERV / APR - JUN 06 001-1202-4201 44209 6/1/2006 02458 INGLEWOOD WHOLESALE ELECTF 206520-00 LIGHT FIXTURES WITH POLES 115-8118-4201 29,813.75 001-2021 ' 561.20 001-2022 -561.20 207757-00 ELECTRICAL SUPPLIES - MAY 06 001-4204-4309 646.00 001-2021 12.16 001-2022 -12.1. 207818-00 Electrical Supplies - May 06 105-2601-4309 248.31 001-2022 -4.67 001-2021 4.67 207892-00 Electrical Supplies - May 06 105-2601-4309 69.06 001-2021 1.30 001-2022 -1.30 Total : 30,777.12 44210 6/1/2006 13840 JOHN M CRUIKSHANK 5792 DESIGN & ENGINEERING SERVICES / MAR 06 301-8104-4201 1,595.00 Total : 1,595.00 Page: vchlist Check Register Page: 4 06/01/2006 5:00:15PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44211 6/1/2006 00167 LEARNED LUMBER B17462 Silican Sand 715-3302-4311 14.12 Total : 14.12 44212 6/1/2006 02175 LIEBERT, CASSIDY WHITMORE 65726 Legal, RE: HE050 00034RK 001-1203-4201 18,993.47 65729 Legal, RE: HE050 00037RK 001-1203-4201 3,501.41 65730 Legal, RE: HE050 00038RK 001-1203-4201 1,473.41 66380 Legal, RE: HE050 00001 RK 001-1203-4201 419.40 66381 Legal, RE: HE050 00028RK 001-1203-4201 204.00 66382 Legal, RE: HE050 00029RK 001-1203-4201 714.00 66383 Legal, RE: HE050 00032RK 001-1203-4201 5,060.30 66384 Legal, RE: HE050 00034RK 001-1203-4201 8,883.40 66385 Legal, RE: HE050 00035RK 001-1203-4201 2,281.57 66386 Legal, RE: HE050 00036RK 001-1203-4201 2,256.40 66388 Legal, RE: HE050 00039 RGU 001-1203-4201 322. Total : 44,109.9 44213 6/1/2006 12739 LONG BEACH BMW BCCS441347 Maint / PD Motorcycle 715-2101-4311 BCCS442476 Maint / PD Motorcycle 715-2101-4311 44214 6/1/2006 13558 MAHONEY, DAVE 213.87 213.87 Total : 427.74 18925 Instructor Pymt/10768, 769, 771 001-4601-4221 630.00 Page: vchlist Check Register Page: 5 06/01/2006 5:00:15PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44214 6/1/2006 13558 MAHONEY, DAVE (Continued) Total : 630.00 44215 6/1/2006 01911 MEDICAL INSTITUTE 556347 First Aid / E. Freeman 001-1203-4320 77.00 Total : 77.00 44216 6/1/2006 13841 MEGAZONE, INC 18921 Equipment Rental/Summer Celebration • 001-4601-4308 399.00 Total : 399.00 44217 6/1/2006 10098 NEXTEL COMMUNICATIONS 371554311-055 Cell Phone Usage - May 06 001-2201-4304 562.02 Total : 562.02 44218 6/1/2006 13114 OFFICE DEPOT 337003184-001 Office Supplies/ May 06 001-1202-4305 11.66 337206365-001 Office Supplies I May 06 001-2201-4305 44.66 337379911-001 Office Supplies / May 06 001-2201-4305 69.14 Total : 125.46 44219 6/1/2006 00519 PAK WEST PAPER & PACKAGING 695691-00 TRASH CAN LINERS/ LIDS 001-6101-5401 Total : 44220 6/1/2006 09470 PETERSON, BRENDA 12617260 Typesetting Summer Brochure/06 001-4601-4302 Total 44221 6/1/2006 13838 PITNEY BOWES INC 628531 Annual Service Agreement 001-1202-4201 Total : 44222 6/1/2006 13614 PRO FORCE LAW ENFORCEMENT 8561 TASERS W HOLSTERS/AIR CARTRIDGES 153-2106-5402 • TASERS W HOLSTERS/AIR CARTRIDGES 153-2106-5402 8719 671.91 671.9• 2,980.00 2,980.00 1,016.00 1,016.00 21,219.92 995.68 Page: 5 vchlist Check Register Page: 06/01/2006 5:00:15PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44222 6/1/2006 13614 PRO FORCE LAW ENFORCEMENT (Continued) Total : 22,215.60 44223 6/1/2006 01670 SCOTT, BRIAN P. 972 Lodging Reimbursement/Bio-Key Class 001-2201-4317 69.99 Total : 69.99 44224 6/1/2006 09656 SHRED IT CALIFORNIA 333438912 Shredding Services/ May 06 001-2101-4201 100.00 Total : 100.00 44225 6/1/2006 09268 SIGNS 4 SUCCESS 17560 Banner/Summer Celebration 001-4601-4308 127.94 Total : 127.94 44226 6/1/2006 02250 SO. CAL SHARPSHOOTER, INC. 5047 Monthly Shoots / Jul 05 001-2101-4201 138.56 5048 Monthly Shoots / Aug 05 001-2101-4201 61.70 5096 Qtrly Quals / Dec 05 001-2101-4201 239.23 .. 5097 Qtrly Quals/ Dec 05 001-2101-4201 339.91 5098 Qtrly Quals / Dec 05 001-2101-4201 228.40 5216 Ammo for Training/ Apr 06 001-2201-4317 188.8 5217 Monthly Shoots / Dec 05 001-2101-4201 103.9 1. 5250 Monthly Shoots / Apr 06 001-2101-4201 77.94 5251 Qtrly Quals / Mar 06 001-2101-4201 217.04 5252 Qtrly Quals / Mar 06 001-2101-4201 131.52 5253 Qtrly Quals/ Mar 06 001-2101-4201 418.39 Page: 6 vchlist Check Register Page: 7 06/01/2006 5:00:15PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44226 6/1/2006 02250 SO. CAL SHARPSHOOTER, INC. (Continued) 5254 New Officer Training / Mar 06 001-2101-4201 305.27 5560 Monthly Shoots / Jan 06 001-2101-4201 69.28 5564 Monthly Shoots / Feb 06 001-2101-4201 138.9 5565 Monthly Shoots / Mar 06 001-2101-4201 138.56 5566 Monthly Shoots / Sept 05 001-2101-4201 34.64 5571 Monthly Shoots / Nov 05 001-2101-4201 136.40 5572 Monthly Shoots / Oct 05 001-2101-4201 69.28 5574 Qtrly Quals / Sept 05 001-2101-4201 422.72 5575 Qtrly Quals / Sept 05 001-2101-4201 80.10 5576 Qtrly Quals / Sept 05 001-2101-4201 182.67 5611 Qtrly Quals / May 06 001-2101-4201 331.2410 5612 Qtrly Quals/ May 06 001-2101-4201 121.78 5613 Qtrly Quals / May 06 001-2101-4201 194.31 5614 Monthly Shoots / May 06 001-2101-4201 103.92 Total : 4,474.22 44227 6/1/2006 10232 SPICERS PAPER,INC. 642589 Paper Purchase/ May 06 001-1208-4305 901.00 Total : 901.00 44228 6/1/2006 06332 STAALBERG, KENDRA .124244 Class Refund Page: 7 v/ vchllst Check Register Page: 8 06/01/2006 5:00:15PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44228 6/1/2006 06332 STAALBERG, KENDRA (Continued) 001-2111 25.00 Total : 25.00 44229 6/1/2006 13845 TORRES CONSTRUCTION CORP 1 COMM CENTER BLDG ADA UPGRADE/PYMT 1 140-8626-4201 27,271.80 1-A COMM CENTER BLDG ADA UPGRADE/PYMT 1 140-8626-4201 1,0,080.0 Total : 37,351. 44230 6/1/2006 00015 VERIZON CALIFORNIA 310 372-6186 Phone Charges/May 06 001-1101-4304 21.35 001-1121-4304 2.14 001-1202-4304 11.43 310 376-6984 720712 Phone Charges / May 06 001-1121-4304 19.28 001-1132-4304 13.62 001-1141-4304 3.54 001-1201-4304 19.28 001-1202-4304 81.88 001-1203-4304 38.89 001-1208-4304 2.64 . 001-2101-4304 500.23 001-2201-4304 322.51 001-4101-4304 79.21 001-4201-4304 150.24 001-4202-4304 236. 001-4601-4304 182.4 001-1204-4304 81.69 715-1206-4304 10.00 310 PLO -0347 030623 Circuit Billing / May 06 001-2101-4304 41.94 310 UHO-3618 03062 Circuit Billing / May 06 001-2101-4304 401.06 Total : 2,219.96 44231 6/1/2006 09056 VERIZON ONLINE 96355274 Internet. Services/ June 06 Page: vchlist Check Register Page: 06/01/2006 5:00:15PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice DescriptionlAccount Amount 44231 6/1/2006 09056 VERIZON ONLINE (Continued) 44232 6/1/2006 03209 VERIZON WIRELESS -LA 2042322272 44233 6/1/2006 12899 WESTERN STATES INFORMATION 129 44234 6/1/2006 13843 WOLFE PROPERTY MANAGEMENT 18961 44235 6/1/2006 12152 WOMEN IN LEISURE SERVICES, INc 18958 612215811 5/3/2006 00170 SOUTHERN CALIFORNIA GAS CO. 09790459003 612215814 5/3/2006 00170 SOUTHERN CALIFORNIA GAS CO. 10210459003 613502349 5/15/2006 00170 SOUTHERN CALIFORNIA GAS CO. 11540469001 614200936 5/22/2006 00170 SOUTHERN CALIFORNIA GAS CO. 01100457009 614200963 5/22/2006 00170 SOUTHERN CALIFORNIA GAS CO. 14120446001 715-1206-4201 Cell Phone Usage/ May 06 001-2101-4304 E -NEWSLETTER SERVICES / MAY 06 001-1101-4319 Citation Refund/ 1606017891 001-3302 Membership Renewal/L Lynn 001-4601-4315 Gas Billing/3-20 to 4-18-06 001-4204-4303 Gas Billing/3-20 to 4-18-06 001-4204-4303 Gas Billing/3-30 to 4-28-06 001-4204-4303 Gas Billing/4-6 to 5-5-06 001-4204-4303 Gas Billing/4-6 to 5-5-06 001-4204-4303 Total : 649.00 649.00 240. Total : 240. Total : Total : Total : Total : Total : Total : Total : 500.00 500.00 35.00 35.00 25.00 25.00 196.21 196.21 110.50 110.55 86.50 86.50 63.13 63.13 15.11 Page: 33 vchlist Check Register Page: 10 06/01/2006 5:00:15PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 614200963 5/22/2006 00170 SOUTHERN CALIFORNIA GAS CO. (Continued) Total : 15.11 614209631 5/22/2006 00170 SOUTHERN CALIFORNIA GAS CO. 13910446007 Gas Billing/4-6 to 5-5-06 001-4204-4303 51.96 51 Vouchers for bank code : boa 51 Vouchers in this report Total : Bank total : Total vouchers : 51.96 236,801.16 236,801.10 Page: 10 vchlist Check Register Page: 06/05/2006 7:07:16AM CITY OF HERMOSA BEACH Bank code : boa Voucher. Date Vendor Invoice Description/Account Amount 44236 6/5/2006 00243 HERMOSA BEACH PAYROLL ACCO 05312006 Payroll/5-16 to 5-31-06 001-1103 105-1103 109-1103 117-1103 145-1103 156-1103 160-1103 301-1103 705-1103 715-1103 Vouchers for bank code : boa Vouchers in this report "I hereby certify that the demands or claims covered by the checks listed on pages i to inclusive, of the check register forRa -.2.5-106 are accurate • funds are available for payment, and are in conformance to the budget." By Date f7'f /D b Finance Director Total : Bank total : Total vouchers : 531,264.22 5,770.71 2,029.1 1,123. 50.5 3,946.76 9,887.27 6,948.14 4,047.10 7,003.05 572,070.53 572,070.53 572,070.53 Page: 1 3S Honorable Mayor and Members of the City Council June 7,2006 For the Meeting of June 13, 2006 CANCELLATION OF CHECKS Please ratify the following request for cancellation of the check listed below: #43967 - 5/11/06 — Altec Testing & Engineering -- $630.40 The wrong vendor was used. The check was not mailed. #111165 - 5/25/06 — Olsen General Contractors — $1,600.00 The wrong vendor was used. The check was not mailed. '14 Concur: �/� &111 yitI. Ste • n ' . Burrell, City Manager Noted for fiscal impact: Viki Copeland, Finance Director June 8, 2006 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 13, 2006 TENTATIVE FUTURE AGENDA ITEMS JU:NE:27,:2006 Public Hearing: Submission of application to obtain Community Development Block Grant funds for asbestos removal as part of the retrofitting of the Community Center to comply with the Americans with Disabilities Act (ADA) and for program administration Community Development 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 Recommendation to receive and file the action minutes of the Planning Commission meeting of July 18, 2006. Community Development Director 2006 Public Hearing: Appeal of Planning Commission decision regarding the Precise Development Plan and Parking Plan related to parking operations at Hermosa Pavilion at 1601 PCH. Community Development Director Recommendation to receive and file the action minutes of the Public Works Commission meeting of June 21, 2006. Public Works Director Public Hearing: Supplemental Assessment District for Street Lighting and Landscaping Public Works Director JULY 25, 2006 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 2:00am daily at 73 Pier Avenue, Mediterraneo Restaurant Community Development Director Receive balloting results for the Supplemental Assessment District for Street Lighting and Landscaping Public Works Director Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of July ?, 2006. Community Resources Director Recommendation to receive and file the action minutes of the Planning Commission meeting of July 18, 2006. Community Development Director Activity Reports — June 2006 All Departments !GUST 8, 2006 Recommendation to receive and file the action minutes of the Public Works Commission meeting of July 19, 2006. Public Works Director US' ,2006 NO MEETING Honorable Mayor and Members of The Hermosa Beach City Council May 23, 2006 Regular meeting of June 13, 2006 REQUEST TO ADD ONE CROSSING GUARD POSITION RECOMMENDATION Staff recommends that City Council: 1. Authorize the addition of one crossing guard position to the current contract with All City Management Services at a cost of $7,821.45 per year. BACKGROUND A three-phase traffic light has been installed at the intersection of 16t Street and Pacific Coast Highway. This was in response to increased pedestrian traffic in the area. Students of Hermosa Valley School who live east of Pacific Coast Highway will be able to cross at this intersection when travelling to and from school. Staff recommends that a crossing guard be posted at this intersection since it will now be used by a number of students. ANALYSIS In the 2006/2007 fiscal year All City Management Services will charge $13.37 per hour for a crossing guard position. Guards are posted at their assigned intersections for 3.25 hours per day for 180 days during the school year. The total price for one additional crossing guard would be 3.25 hours per day x 180 days = 585 hours x $13.37 per hour = $7,821.45 additional cost per year. FISCAL IMPACT The funds to pay for one additional crossing guard will have to be added to the 2006/2007 fiscal year budget. Respec lly�ed, Co ur: Noted for Fiscal Impact: David arr St+ • e Burrel Viki Copeland Chief of Police City Manager Finance Director 2d Honorable Mayor and Members of The Hermosa Beach City Council //.V(31==. June 6, 2006 Regular Meeting of June 13, 2006 PROJECT NO. CIP 04-117 MANHATTAN AVE. STREET IMPROVEMENTS, PROJECT NO. CIP 05-109 CONCRETE ROAD RECONSTRUCTION AT VARIOUS LOCATIONS, PROJECT NO. CIP 05-120 STREET IMPROVEMENTS AT VARIOUS LOCATIONS AWARD CONSTRUCTION CONTRACT Recommendation: It is recommended that the City Council: 1. Authorize the award of a construction contract for the Manhattan Ave. Street Improvements, Concrete Road Reconstruction at Various Locations and Street Improvements at Various Locations to Sequel Contractors, Inc. of Santa Fe Springs, California, subject to negotiation of a Change Order reducing the Scope of Work such that the Contract amount including contingencies will be within the approved budgeted amount of $2,198,150; 2. Authorize the Mayor to execute and the City Clerk to attest the Contracts subject to approval of the City Attorney; and 3. Authorize the Director of Public Works to approve changes within the approved budget. Background: On April 20, 2006, Project Numbers CIP 04-117, CIP 05-109, and CIP 05-120 Street Improvement Projects were advertised in the Easy Reader; Green Sheet (F.W. Dodge), and Reed Construction Data. A total of 8 bid packages were picked up. The City Clerk received 2 bids by the closing date of May 15, 2006. The bids were publicly opened and read aloud. Bid results were as follows: Company Bid Amount Sequel Contractors, Inc. All American Asphalt $2,783,450 $3,198,615 Analysis: In addition to advertising, the Notice Inviting Bids was sent to All American Asphalt, Sequel Contractors, Inc., Sully Miller Contracting, Excel Paving and Alliance Streetworks, Inc. The low bidder, Sequel Contractors, Inc., has been determined to be a responsive and responsible bidder and is highly recommended for this type of work. Therefore, staff recommends award of this contract. Staff performed a review of the project and has identified a scope of work that can be eliminated to bring the project within budget while still addressing the needed street improvements. The original Manhattan Avenue Street Improvement project proposed new curb and gutter along the entire length of the street. Staff will negotiate a change order with Sequel Contractors, Inc. to reduce the project scope described. Staff recommends eliminating this portion of the improvement except in specific areas needing drainage improvements. The new asphalt overlay will be placed abutting the existing concrete curb. 2e Fiscal Impact: The total contract amount for Project No. CIP 04-117 Manhattan Ave. Street Improvements, Project No. CIP 05-109 Concrete Road Reconstruction at Various Locations, and Project No. CIP 05-120 Street Improvements at Various Locations is currently $2,783,450. The current budget available in accounts 301-8117-4201, 301-8109-4201,301-8120-4201, and 302-8120-4201 is $2,198,150. Staff will negotiate a contract change order such that the total contract amount plus contingency does not exceed the project budget. Respectfully submitted, Frank Senteno, P.E. Associate Engineer Noted For Fiscal Impact: Viki Copeland Finance Director Concur: 0$,/f Richar► % Morgan, P.E. Direc or of Public Works/City Engineer F:1B951PWFILESICCITEMS104-117, 05-120 & 05-109 Award Construction Contract 06-13-06.doc Street Name Limits Project Title CIP No. Manhattan Ave. 1st St. to Greenwich Village Manhattan Avenue Street Improvements 04-117 Tennyson Pl. 30th St. to Longfellow Ave. Street Improvements at Various Locations 05-120 24th P1. Park Ave. to PCH " " " " 24th St. Ardmore Ave. to PCH " " " " tis` St. Hermosa Ave. to Manhattan Ave. " " " " 19th St. Monterey Blvd. to Loma Dr. " " " " Loma Dr. - - Pier Ave. to Park Ave. " " {t LL Cypress Ave. Pier Ave. to 11th St. " " " " 2" St. PCH to Prospect Ave. " " 06 " 1st St. PCH to Prospect Ave. " " " " Barney Ct. 1st St. to 18t P1. " " " " 1st Pi. Barney Ct. to Prospect Ave. " " - " 6L Meyer Ct. e/o & w/o 1St St. " " " " SUPPLEMENTAL INFORMATION •ft - 03/0G June 1, 2006 Regular Meeting of June 13, 2006 Mayor and Members of the City Council REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS Recommendation: To receive and file the report. CompIaint/Survey Summary The departments in this summary has been abbreviated (CD = Community Development, CM = City Manager, FC = Finance Cashier, PW = Public Works). This summary report includes surveys received in the City Clerk's office from the lst of April through the 31st of May, 2006. No complaints or letters were received during the specified time period. The following summarizes the 19 surveys received: Dept(s) Date Rec'd Service Additional comments CD/FC 04-05-06 Excellent FC 04-05-06 Excellent Commended staff CD 04-06-06 Excellent Commended staff for being helpful CD/PW 04-10-06 Excellent Suggested more info online to save trips to City Hall CD 04-11-06 Excellent CD 04-12-06 Excellent Commended staff for excellent, friendly and helpful service and a "can -do" attitude CD 04-17-06 Excellent Commended staff for being helpful and pleasant CD 04-17-06 Excellent Commended staff for being very helpful CD 04-17-06 Excellent Commended staff for great help CD 04-17-06 Excellent CD 04-17-06 Excellent Commended staff CD 04-17-06 Excellent Commended staff for being very helpful 2f CD 04-17-06 Excellent Commended staff for excellence CD 04-17-06 Excellent Commended staff for helpfulness CD 05-15-06 Excellent CD/CM 05-25-06 Adequate Unfriendly staff FC 05-30-06 Excellent Commended staff FC 05-30-06 Excellent FC 05-30-06 Excellent Commended staff for friendly, efficient and helpful service and treating public with respect and kindness Noted: i �l Stephen : rty anager A1-:�1e. Elaine Doerfling, City C/ Honorable Mayor and Members of the City Council Recommended Action: June 5, 2006 For the City Council Meeting of June 13, 2006 ACCEPTANCE OF DONATIONS ‘/A. -/D-67 It is recommended that the City Council accept donations received by the City to be used as follows: Donor Women's Club of Hermosa Beach Redondo Beach Fire Department Women's Club of Hermosa Beach Matthew and Virginia Cruse Beach Travel Innova Marketing R spectfully submitted: (-7)24ta,=/ Valerie Mohler Accounting Supervisor Amount $2,000.00 $3,000.00 estimated value $2,000.00 $250.00 $250.00 $10,000.00 Purpose To be used for the Neighborhood Watch Program. Bristol Pneumatic Fresh Air breathing compressor for use by the Fire Department as an air filling station. To be used for Fire Department air breathing compressor repair and installation. To be used for the Neighborhood Watch Program. To be used for the Centennial Celebration. To be used for the 2006-07 Sunset Concert series. Concur: Viki Copeland Finance Director S Tphen Burrel City Manager 2g • A2e--/-<7 aC4t-t-w) /i3/34, June 5, 2006 Honorable Mayor and Members of Regular Meeting of The Hermosa Beach City Council June 13, 2006 RECOMMENDATION TO DENY CLAIMS Recommendation: It is recommended that City Council deny the following claims and refer them to the City's Liability Claims Administrator: 1 Claimant: Erin McCoy Date of Loss: 05-23-05 Date Filed: 05-18-06 Allegation: Property Damage Claimant: Harry & Cynthia Dahl Date of Loss: 05-23-05 Date Filed: • 05-18-06 Allegation: - Property Damage Claimant: Bach-Cuc Le Date of Loss: 04-23-06 Date Filed: 05-18-06 Allegation: Property Damage 4. Claimant: Stergios Karalaios Date of Loss: 03-25-06 Date Filed: 05-22-06 .Allegation: Loss of property A copy of these claims are on file in the City Clerk's office. Respectfully Submitted, Co cur: Micael A. Earl, Director Personnel & Risk Management Stephen"R. Brrell City Manager 2h Th anio'unt c airne• as o e a e o present �t o • t i5 �} el PLEASE REMEMBER TO SIGN CLAIM FORM arse attach estimates/receipts) claimirm.doc w• w - „..,,,:f4C) I CITY OF HERMOSA BEA4 4> 40(4.0„ CLAIM REPORTING FORM FOR ALL PERSONS OR PROPERTY e FILE WITH: City Clerk's Office City of Hermosa Beach 1315 Valley Drive I RESERVE FOR FILING DEPT. NO. STAMP Hermosa Beach, CA 90254 &/ ,, p INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not later than six months after the occurrence. (Gov Code Sec. 911.2) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec. 911.2),V 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets,if necessary, to give full details. . • D ili kq f� 1 1./ �Qryc18< 11413110 O 1 6' .tetcJ / Name of Claimant Erin McCoy Date Of Birth Of Claimant R -3-6i1 Home Address Of Claimant 519 Eleventh Street, Hermosa Beach, CA. 90254 Occupation of Claimant Advertising/Sales Business Address of Claimant Hermosa Beach, CA. 90254 •(M0) Home Telephone Number 40n -2h19 Give address and telephone number to which you desire notices or communications to be sent regarding this claim. (11 fl) 316-098.3 Business Telephone Number 372.441 Law Office of Steven E. Wohn; 5155 West RnRPr+rane HaTat-hnrnA C. 90250 (319) . Claimant's octal ecunty No. 111111111111111111.------ . Date of Damage/Loss/Injury May 23.;.:2005& .later Time N/A A.M. N/A P.M. Place of Damage/Loss/Injury 519 Elventh Street, Hermosa Beach, CA. 90254 How did damage/loss/injury occur? (Be specific) See Attached Exhibit A andSbelow Failure of City Building Department to adequate"y inspprt--isq,iP £ nal;uRknow Were Police at scene? Yes Were Paramedics at scene? Yes ■ I No [X - Report No. No L N/A What particular act or omission do you claim caused the damage/loss/injury. Same as above stated; further acts of negligence or othr omissions unknown at this time; when discovered will amend claim Name of City employee(s) causing the damage/loss/injury: Unknown �cn nnn ........2___—_, - Th anio'unt c airne• as o e a e o present �t o • t i5 �} el PLEASE REMEMBER TO SIGN CLAIM FORM arse attach estimates/receipts) claimirm.doc Damages incurred to date (exac.)• Expenses for medical and hospital care $ N/A Loss of earnings $ N/A Special damages for $ N/A General damages Total damages incurred to date $ 60;000 $ 60,000 Estimated exE. •for medical and hos0Are Future expenses for medical and hospital care $ None.) Future loss of earnings •$ Other ros ective special P P P damages Prospective general damages Total estimate prospective damages $ None Unknown $ Unknown WITNESSES to DAMAGE or INJURY: UST ALL PERSONS and addresses of persons known to Name Erin McCoy Address 519 11th S t , H.B. Phone Name Lee Kis s al Address Name Neil Gill NBK Gill Cess 521 lith St. H.B. W. 1625 Lawndale An96n Phone have information: Unknown 545-8135 Phone371- 0_97 DOCTORS and HOSPITALS: Hospital Doctor N/A N/A Doctor N/A Address Address Address Date Hospitalized Date of Treatment Date of Treatment READ C For all accident claims place on following diagram names of streets, including North, East, South, and West; indicate place of accident by 'X' and showing house number or distances to street corners. If City vehicle was involved, designate by letter "A' location of City vehicle when you first saw it, and by '13" location of yourself or your vehicle AREFULLY when you first saw City vehicle; location of City vehicle at time of accident by "A-1' and location of yourself or your vehicle at the time of the accident by *B-1" and the point of impact by .r. NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. 519 Knutsen Tract (See Par el SEE ATTACHMENT CURB -� PARKWAY SIDEWALK Signature of claimant or person filing on his behalf giving relationship to Claimant: Attorney at Law Date: 5-18-0 CURB PLEASE REMEMBER TO SIGN CLAIM FORM claimfrm.doc • • • ATTACHMENT TO CLAIM v. CITY OF HERMOSA BEACH Property Address: 519/521 111th Street, Hermosa Beach, CA. 90254 1. The claim relates to the negligence and or other omissions to discharge statutory duty of applying the applicable building code in the original inspection of the building/project located at 519/521 Eleventh Street Hermosa Beach, CA. 90254. This inspection may have occurred in 1991/1992 but the damage was not discovered until May 23, 2005 (or later) upon structural inspection and repair/reconstruction of damage issue which was extensive dry rot due to negligent construction, improper foundation and or waterproofing/flashing techniques and related omissions in original construction. A certificate of occupancy was erroneously issued by the City based on the deficient inspection at that time. The records are not available at the City to define the dates of the negligent or otherwise faulty inspection. 2. Reserve right to amend claim upon discovery of additional records by City or pursuant to subpoena. The amount claimed, as of the date of presentation of this claim, is computed as follows: (please attach estima $60,000 estimatedwi 1 �{tEI�fE ��FER 1�� 5���1 vc�1nrPABUI documents claimfrm.doc 4114. A 1, �' CITY OF HERMOSA BEAM ;. li _o p r • .14:41/ CLAIM REPORTING FORM FOR ALL PERSONS OR PROPERTY e FILE WITH: City Clerk's Office City of Hermosa Beach 1315 Valley Drive RESERVE FOR FLUNG STAMP DEPT. NO. . Hermosa Beach, CA 90254s, '; INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not tater than six months after the occurrence. (Gov. Code Sec. 911.2) 2. Claims for damages to real property must be filed not Tater than 1 year after the occurrence. (Gov. Code Sec. 911.2)or- 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. G t0 A 8ZQ J of �. c.4.,„06 .i: 4, e4cy ti10 6. Attach separate sheets, if necessary, to give full details. Name of Claimant Harry Dahl/Cynthia Dahl Date Of Birth Of Claimant - 12/27/42/19/90/44 Horne Address Of Claimant 521 Eleventh Street Hermosa : - . . • l Occupation of Claimant - . - , . - .- Business Address .of Claimant ' ` - 1120 Nanhattaba Beach Blvd. #202, M. B.. Home Telephone m • e ) Give address and telephone number to which you desire notices or communications to be sent regarding this claim. (310) 316-09a3 rtes?Wri:p't �nlqiumber (310)251-3330 5155 W. Rosecrans Ave. Ste 1184 Hawthorne, CA.90250 Claimant's Social Security No. Date of Damage/Loss/injury • May 23,2005 & later Time N/A AM. N/A P.M. Place of Damage/Loss/Injury How did damage/lossfinjury occur? (Be specific) See Attached E-xhibit A below Failure of City Building T)Ppnrtmeat t-© a-dcquate and in -spurt; Were Police at scene? Yes Were Paramedics at scene? Yes ■ 1 No No y issue final;unkn: Report No. V N/A What particular act or omission do you claim caused the damage/loss/injury. Same as above -stated; further acts of negligence or other omissions unknown at this time;when discovered will amend claim Name of City employee(s) causing the damage/loss/injury: Unknown The amount claimed, as of the date of presentation of this claim, is computed as follows: (please attach estima $60,000 estimatedwi 1 �{tEI�fE ��FER 1�� 5���1 vc�1nrPABUI documents claimfrm.doc Damages incurred to date (exact). Expenses for medical and hospital care $ N/A Loss of earnings $ N/ A $ • Special damages for N/A General damages $-60 sO00 $60,000 Total damages incurred to date Estimated expo •or medical and hosaire Future expenses for medical and hospital care $ None,' -. Future loss of earnings $ None S / Other prospective special None // damages Prospective general damages $ Unknown Total estimate prospective damages $ Unknown WITNESSES to DAMAGE or INJURY: LIST ALL PERSONS and addresses of persons known to have information: Name Harry & Cynthia DahlAddress 991 11th St _ H . B Phone Name Lee Kissal Name Address Neil Gill NBK Gill C9saarts5 523 11th St. MR_ Phone W 1625 Lawndale Phone 90260 (310)251-3330 35 (310) 371-4097 DOCTORS and HOSPITALS: Hospital N/A Doctor N/A Doctor N/A Address Address Address Date Hospitalized Date of Treatment Date of Treatment READ C For all accident claims place on following diagram names of streets, including North, East, South, and West: indicate place of accident by 'X and showing house number or distances to street corners. If City vehicle was involved, designate by letter "A' location of City vehicle when you first saw it, and by "Er location of yourself or your vehicle AREFULLY when you first saw City vehicle; location of City vehicle at time of accident by 'A-1` and location of yourself or your vehicle at the time of the accident by '8-1' and the point of impact by .r. NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. 521 Knutsen Tract SEE ATTACHMENT A Signature of claimant or person filing on his behalf giving relationship to Claimant: Attorney At Law Tye�l Nam Steven E 7396 - S-1.8-06 Date: CURB PLEASE REMEMBER TO SIGN CLAIM FORM daimfrm.doc • ATTACHMENT TO CLAIM v. CITY OF HERMOSA BEACH Property Address: 519/521 111th Street, Hermosa Beach, CA. 90254 1. The claim relates to the negligence and or other omissions to discharge statutory duty of applying the applicable building code in the original inspection of the building/project located at 519/521 EIeventh Street Hermosa Beach, CA. 90254. This inspection may have occurred in 1991/1992 but the damage was not discovered until May 23, 2005 (or later) upon structural inspection and repair/reconstruction of damage issue which was extensive dry rot due to negligent construction, improper foundation and or waterproofing/flashing techniques and related omissions in original construction. A certificate of occupancy was erroneously issued by the City based on the deficient inspection at that time. The records are not available at the City to define the dates of the negligent or otherwise faulty inspection. 2.. Reserve right to amend claim upon discovery of additional records by City or pursuant to subpoena. • Law Offices of Steven E. Wohn 5155 West Rosecrans Avenue Suite 1184 Hawthorne, California 90250 Telephone: (310) 316-0983 Facsimile: (310) 491-3338 Cell Phone: (310) 795-1403 Email: stevewohnlaw(msn.com City Clerk's Office City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 Re: Claim v. City of Hermosa Beach/Attachment Dear City Clerk: Enclosed please find a property claim for each of two addresses at 519 11th Street and 521 11th Street Hermosa Beach, CA. 902.54. The standard form has an attachment for additional explanation. If there should be any questions please call. incerely, Steven E. Wohn Cc: client r ' CITY OF HERMOSA BEACH B. r ► - t CLAIM REPORTING FORM FOR ALL PERSONS OR PROPERTY FILE WITH: City Clerk's Office City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 ' RESERVE FOR FILING STAMP DEPT. No.A� rn INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not later than six months after the occurrence. (Gov. Code Sec. 911.2) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. ;,,Q 93 $ 204 o, > - 1`°1° Name of Claimant kJ - JC.. /� �+ roc Date Of Birth Of Claimant q 2 -J S Home Address Of Claimant c ./ GiOo�-71? `1 Ln oto , Occu ation of Claimant' 4 d / I.A- . usiness Address of Claim • Home Telephon umb (31v) 6 - 7 (LL'v Give address and telephone number to which you desire notices or communications to be sent regarding this claim. Business Telephone Number ( ) Claimant's Social Security No. Date of Damage/Loss/Injury 4L7 , 1g 06, Time AM. P.M. - Place of Damage/Loss/Injury . 1471Ave ' ht I&5?) )5P,6r— How did damage/loss/injury occur? (Be specific) mfg o Q ( ._ti_A. e� ''1► I. ,/l•I /♦ ILA, ...14---.L.4., 1" Were Police at sce' e? Yes ❑ No Were Paramedics at scene? Yes 0 No . Report No. ^i N What particular act or omission do you claim caused the damage/loss/injury. 'I' ' - 1 ..I. 101 .,a,- , IL- • - r Name of City employees) causing the damage/loss/injury: - N Pt - The amount claimed, as of the date of presentation of this claim, is computed as follows: PLEASE REMEMBER TO SIGN CLAIM FORM ciaimfrm.doc Signature of claimant or person filing on his behalf giving relationship to Claimant: &eif,ctu.c, 51L Damages incurred to date (exa..' Expenses for medical and hospital care $ ." Loss of earnings $ Special damages for..' i .. $ 141 - "OS General damages $ � Total damages incurred to date $ Estimated exp • for medical and hospital care Future expenses for medical and hospital care Future loss of earnings $ Other prospective special damages Prospective general damages Total estimate prospective damages $ $ WITNESSES to DAMAGE or INJURY: LIST ALL PERSONS and addresses of persons known to have information: Name Address Phone Name Name Address Address Phone Phone DOCTORS and HOSPITALS: N A Hospital Doctor Doctor • Address Address Address Date Hospitalized Date of Treatment Date of Treatment READ CAREFULLY when you first saw City vehicle; location of City vehicle at time of accident by "A-1' and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by 'X". NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. For all accident claims place on following diagram names of streets, including North, East, South, and West; indicate place of accident by "X" and showing house number or distances to street corners. If City vehicle was involved, designate by letter 'A" location of City vehicle when you first saw it, and by 'B' location of yourself or your vehicle CURB AA }Ltd n - A -v e. PARKWAY SIDEWALK CURB Typed Name: Date: PLEASE REMEMBER TO SIGN CLAIM FORM claimtrm_doc se��R h...MBER PUR• CHASE INVOICE Coslco•. NAME BACH-CUC LE ADDRESS 2907 RINDGE LN YEAR 1996MAKE Honda PV�,�.MBER PURCHASE INVOICE PHONE 2135427440 ALT PHONE • CITY REDONDO BEACH MODEL Accord I i. 1NVOICEN006710066916 .. _ DATE 4/23/2006 15:51:32 MEMBERSEIP#IP# 804116318000 ST •CA ZIp 90278 SUB -MODEL EX 2/4 Dr. GVW 3990 . WHEELBASE ODOMETER 117907 COLOR GREEN AIR FRONT 32 REAR 32 TORQUE • $0 ALLO'N • STEEP? SALESPERSON ED QTY• DESCRIPTION 0 DOT1 APRBD4EX4905 DOT2 DOTS DOT4 DOT 5 DOT 6 DOT 7 DOT 8 WORK TO BE DONE 1 num 234444 MANUF MICHELIN MXV4 PLUS XSE TYPE ALL SEASON PERFORMANCE SIZE '195/60HR15 88H ITEM# MANUF TYPE SIZE 1 6850 Car, Light Truck, Van, SUV Installation Package: Mount, Balance, Rubber Valve Stem, Rotations, Rebalances, Repairs, Air Checks 1 7023 Costco Scrap Tire Disposal. Fee Cbarged on all tires left for disposal. State disposal fees may also apply.. 6841 axonal Exchange 8399 Snow Tire Studding Fee 6861 Rebalance (Non -Costco Tire) Flat Repair N/C Rotation N/C Rebalance N/C Road Hazard Warranty Mileage Adjustment Manuf. Defect Member Services LILY! E23SVY SLIP PRINT ' _....MIMS _.. »— --.ori • ; :1. .7- ilEtit ER 4204 i t !..-7f -.-- - fAAT: i >,_ ter=--• • 1 P 10.00 e C30 T7SPi� jz: _ YW� IRE Y1.la LJi. � 1 . 8.25 .. _ RATE . TU i'L : •::Xt e 1Vr Ei TJCE IT t'!'ItFt NUii: ErR' '..h i TElys tCASHIER: 4:23ltgv, 1i:2 0671 rt -13G^+ J1Q • Best to Spare Static _ Dynamic —Blackwall Whitewall SERVICE NOTES woMMININMO • Air Pressure and Torque are levels recommended by Manufacturer. CITY OF HERMOSA BEACH CLAIM REPORTING FORM FOR ALL PERSONS OR PROPERTY , as of the date of presentation of this claim, is computed as follows: (please attach estimates/receipts) PLEASE REMEMBER TO SIGN CLAIM FORM ciaim(In .doc FILE WITH: City Clerk's Office City of Hermosa Beach 1315 Valley Drive RESERVE FOR FILING STAMP DEPT. NO. i.71lt�� Hermosa Beach, CA 90254 -N.:- INSTRUCTIONS 1. Claims for death, Injury to person or to personal property must be filed not later than six months after the occurrence. (Goy.Code Sec. 911.2) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attachseparate sheets. if necessary. to give full details. fir; MAY 2 4A. OfCrrY . , "f `\-1. •,- .(Gov 2 2006 OSA UAL* • Name of Claimant ;.4,- % S1 e( i 0 r -Ar -Rik -LAI Os Date Of BirthOf Claimant 1-_ _91/ Home Address Of Claimant " - 1 bW o'3 L rt;a etko1 - IS4).0 1I 'fn -2— Occupation of Claimant : -7a1s'48 Business -Address of Claimant - • Home Telephone Number (CC) gAGf 2626' Give address and telephone number to which you desire notices or communications to be sent regarding this claim. Business Telephone Number ( ) Claimant's Social Security No. Date of Damage/Loss/Injury . MAri;1-. 1,4'14 ifil.- v 9 t Time AM. .- P.M. Place: of Damage/Loss/Inje-13uiy a6• How did damage/loss/injury occur? (Be specific) C., We 5'j2 a rre.-® �/� 77 --1,0 VIIW t— A -AID MY fg-0P 77 .%/11-- s ----c t Wereo ice eat scene? Yes - No 0 • Were Paramedics at scene? Yea3 No ❑ Report No. - What partJic��{/u��la�Qri�act orrJomission do%ypou c im caused the damage/tossMjury. Ir Name of City employee(s) causing the damage/loss/injury , as of the date of presentation of this claim, is computed as follows: (please attach estimates/receipts) PLEASE REMEMBER TO SIGN CLAIM FORM ciaim(In .doc g>enta, 4 Damages incurred to date (exact): Expenses for medical and hospital care - Loss of earnings $ Special damages for General damages Total damages incurred to•date q+ 019 Estimated expenses . .iedical and hosplt care Future expenses for medical and hospital care - Future loss of earnings $ Other prospective special damages $ s Prospective general damages $ al estimate prospective damages $ $ WITNESSES to DAMAGE or INJURY: LIST ALL PERSONS and addresses of persons known to have information: Name Address Phone Name Name Address Address . Phone Phone DOCTORS and HOSPITALS: Hospital Address Doctor Address Doctor Address Date Hospitalized Date of Treatment Date of Treatment READ C Foi' all :accident; claims place on following diagram names of streets, Inciuding North, East. South, and West; indicate place of accident by 'X" and showing house number or distances to street corners. If City vehicle was involved, designate by letter "A" location of City vehicle when you • first saw it, and by '8" location of yourself or your vehicle AREFULLY ., when You first saw City vehicle; location of City vehicle at time of accident by 'A-1' and location of yourself or your vehicle at the time of the accident by 'B-1' and the point of impact by .r. NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. PARKWAY STOEWALK • CURB Signature of claimant or person filing on his behalf giving relationship to Claimant: 4106ri/L' Typed Name: 5-LE--AG-to y_Aa.A-LALDA PLEASE REMEMBER TO SIGN CLAIM FORM Date: claimfrm.doc June 6, 2006 Honorable Mayor and Members of The Hermosa Beach City Council . Regular meeting of June 13, 2006 ,6/s/,,,6) AWARD BID FOR FIRE STATION FRONT RENOVATION PROJECT RECOMMENDATION Staff recommends that council: 1 Authorize the award to renovate the fire station front per fire department specifications to M3 Services Inc. BACKGROUND The purpose of the renovation is to make hardscape and window improvements that are necessary both functionally and environmentally, along with improving the esthetics of the public city owned building. Project renovation improvements include, removing the tree in front of the building due to its root structure, which have broken and uplifted the surrounding concrete and building foundation, remove and replace broken and cracked fire apparatus driveway and public entry sidewalk, installation of a lateral drain and hydrocarbon filtration system to control fire apparatus contaminates from flowing into the street and into storm drains, installation of a new ADA compliant front door, store front style front windows, installation of an ADA compliant public drinking fountain, installation of a new park bench and night lighting system for front of the building. The fire department went out to sealed bid for this project and received two bids, $78,974.00 from MJ Seitz Construction and $51,131.00 from M3 Services Inc. The fire department request council to award the project to the lowest bidder, M3 Services Inc., 8616 La Tijeras Blvd., Los Angeles, California, for $51,131.00. Once awarded, the project will be managed by the city Public Works department. FISCAL IMPACT The funds required for the fire station front renovation project have been appropriated in account #180- 8610-4201 for the fiscal year 2005/2006- "Install catch-all sump in apparatus floor, $30,000, and "Replace front apparatus driveway and remove tree", $20,000. Remaining balance of project cost will be taken from appropriated funds in account #180-8610-4201- "Repair leaking station roof', as that project has been revised and anticipated to cost less. The total cost is $51,131.00. Respectfully submitted, Co • ur: _t Pp �.t far„,_. Russell Tingle S e ! urrell Fire Chief y Manager Noted for Fiscal Impact: Viki Copeland Finance Director • June 6, 2006 ��'V0 Honorable Mayor and Members of Regular Meeting of the Hermosa Beach City Council June 13, 2006 CYPRESS AVENUE — PROPOSED STOP SIGN AT ell STREET AND STRIPING IMPROVEMENTS Recommendation: It is recommended that the City Council do the following: 1. Approve the installation of stop signs on 8th Street at Cypress Avenue; and 2. Approve striping 4 -inch white lines on both sides of Cypress Avenue north of 8th Street designating a "Clear Aisle" for emergency access. Summary: The City has received numerous complaints from residents of Cypress Avenue, which is a cul- de-sac street north of 8th Street, terminating at Clark Field. The complaints are that parked vehicles obstruct accessibility to the street. The problem arises from multi -family residences and apartments with associated heavy parking demands and the lack of street curbing to properly define parking spaces. As a result, residents park parallel to the street where there are curbs and perpendicular elsewhere, often extending into the roadway. The street is 28 feet wide (where curb exists) and allows parking on both sides of the street. In the few.locations where curb exists on both sides of the street, when cars are parked on both . sides, there is a clear aisle width of approximately 14 feet. Staff believes that this aisle width works well for this cul-de-sac street. The problem of accessibility occurs where cars extend beyond this, reducing that clear aisle width. Parking Enforcement personnel have issued warnings to vehicles parked in this manner but the problem persists. The problem for Parking Enforcement is that there is no clear demarcation of what constitutes a violation. Staff recommends striping a 14 -foot wide travel lane (centered within the public right-of-way) using 4 -inch white lines as lane edge striping. This is proposed to begin just north of the existing parallel parking spots designated with "T's & L's" on the east side of the street near the intersection with 8th Street This will provide very clear demarcation for Parking Enforcement personnel to enforce any vehicle parking over this line. It will also give equal benefit to both sides of the street for parking. While investigating this issue it was also recommended that stop signs be placed on 8th Street at Cypress Avenue due to the steepness of 8th Street north of this intersection and poor visibility. A stop sign will also help to reduce speeding on 8th Street which has been an on-going concern of residents in the area. A public meeting was held at the Public Works Commission of March 15, 2006 and both the striping improvements and stop sign were recommended by the commission (see attached minutes). 2j • • Fiscal Impact: These improvements will be installed by our Maintenance staff and funded out of Street Maintenance/Traffic Safety funds. Attachment: PWC Meeting Minutes Excerpt Respectfully submitted, Concur: Richard organ, P.E. Stephe ".: jfrell Director of Public Works/City Engineer City Ma • - ger Noted for fiscal impact: Viki Coeland Finance Director F:1B951PWFILES\cypress - stop @ 8th & striping 6-13-06.doc iOUBLIC WORKS COMMISSIc MEETING OF WEDNESDAY, MARCH 15, 2006 CITY HALL, COUNCIL CHAMBERS 1315 VALLEY DRIVE 7:00 P.M. MINUTES The meeting was called to order at 7:03 p.m. 1. Roll Call Present: Commissioners Beste, DiVirgilio, 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: Commissioner Lombardo 2. Flag Salute Commissioner Winnek led the flag salute. 3. Approval of Minutes Minutes of February 15, 2006, approved with amendment to Page 4 submitted by Commissioner Winnek. 4. Public Comments None 5. Correspondence None 6. Items for Commission Consideration Mr. Morgan apologized for not having noticed the community regarding this agenda item. He asked that this issue be discussed at this time at the Commission level and, at the Commission's discretion, hold a public meeting. The Commission agreed. Mr. Morgan presented the item, noting that Council had sent it to the Commission for review. There've been complaints from residents of Cypress Avenue regarding erratic parking which encroaches into the street, reducing vehicle clearance, which are considered unsafe for emergency vehicle access. Parking Enforcement has issued warnings to those parking along the street. Cars are often double- parked in addition to careless parallel and perpendicular parking. Cypress is a cul-de-sac with very little traffic and parking has been an issue for years. The top 100' work well with the current markings, which allow parking only on the east side. Staff recommends that this section remain as is. Staff also recommends that the Commission consider painting a 4" solid, white edge stripe demarking the travel lane. The street is 28' from curb to curb with parking on both sides, which narrows the travel lane to 14'. This edge stripe would be on the right-of-way at the edge of ATTACHMENT • the travel lane and can bbasily enforced by Parking Enforcement. Mr. Morgan has discussed this with the PD they believe this will be enforceable. Highlights of the Commission discussion included the following: • • Roadway isn't wide enough to allow two cars at the same time. • Painting the edge lines will stop parking from encroaching into the travel lane. • A 30 -day grace period will be recommended after the lines are painted and residents have been notified. • This area is similar to Loma, striping will be white and parking will continue to improve with redevelopment. A red line would not be well received by residents. • One option would be to eliminate parking on one side of the street as was done on Loma Drive. • Marking large parking spaces with T's and L's could actually eliminate parking spaces. • There is no continuous sidewalk in this area. • There have been legitimate complaints from a small number of residents; there needs to be emergency access. • This is a tool to assist residents in identifying the travel lane and Parking Enforcement in determining violations. • Overall feeling is this is a positive move but a public meeting should be held before action taken. • A STOP sign was suggested for the intersection of 8th St. to help egress from Cypress. Visibility is difficult due to the steepness of the street. MOTION by Commissioner Beste that this discussion be continued to the next meeting with public notice. At this time Commissioner Winnek noted his concern with the liability for the driver who does not know the street and a collision occurs. Confusion may come from determining if there is a one-way or two- way street. Is there some sort of signage? Mr. Flaherty stated that there is a TWO-WAY STREET sign. Mr. Morgan stated that the cars parked on the street would eliminate confusion about a one-way street. Commissioner Marinelli seconded the motion. Prior to the vote, Commissioner Winnek asked how much time would be needed to implement and if the stripe could be implemented temporarily to have time to study and bring feedback to the next meeting. Mr. Morgan stated that only thirty days would be needed, but does not want to implement until a public meeting has been held and residents were made aware of the plan. It was also noted that the installation of a STOP sign could also be included in the discussions. MOTION, as amended and restated by Commissioner Beste, to bring the Cypress Avenue parking issue back to the Commission with proper public notice and investigate installation of a STOP sign at the intersection of Cypress and 8th Street. The amended motion was seconded by Commissioner DiVirgilio. AYES: Beste, DiVirgilio, Marinelli, Winnek NAYES: None ABSENT: Lombardo ABSTAIN: None Commissioner DiVirgilio asked for clarification on the placement of the stop sign. Commissioner Beste responded that there is already a STOP sign on Cypress, but is suggesting a STOP sign on 8th Street, creating a four-way stop. 7. Commissioners' Reports None PW Commission 2 3/15/06 WUBLIC WORKS COMMISSIM MEETING OF WEDNESDAY, APRIL 19, 2006 CITY HALL, COUNCIL CHAMBERS 1315 VALLEY DRIVE 7:00 P.M. MINUTES The meeting was called to order at 7:03 p.m. 1. Roll Call Present:. Commissioners Beste, DiVirgillo, 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 March 15, 2006, were approved. 4. Public Comments None 5. Correspondence Mr. Morgan commented on an email sent regarding a stabbing on 2`d Street at Ardmore with the following request for more lighting on the south end of the City. Mr. Morgan reported that he'd had a conversation with the police chief and the chief did not believe, lighting was an issue in this incident. Mr. Morgan also reported that allegations of crime being on the rise in said email were false according to the police chief. 6. Items for Commission Consideration a. Cypress Avenue North of 8th Street — Parking Problems Mr. Morgan presented a striping plan for Cypress Avenue from 8th Street north to Clark Field. This street is a fairly steep street with a 40 -foot right of way and a 28 -foot wide road with sporadic curb on both sides. The issue is to create adequate emergency access on a street that has a combination of perpendicular, double, and parallel parking at any given time due to no clearly designated parking format. The proposal by staff is to stripe a 4" -wide white edge along a 14' line -of -travel -way on both sides of the street to provide equal parking on each side. In response to a question SUPPLEMENTAL INFORMATION J • • from Commissioner DiVirgilio, Mr. Morgan stated that any part of any vehicle over the white line would be in violation thus eliminating the need for Parking Enforcement to make judgment calls. Staff also proposes that STOP signs be installed on 8th Street at Cypress Avenue to create a 4 -way STOP. In response to a question by Commissioner DiVirgilio, Michael Flaherty noted that brand new STOP signs are oversized until replaced after 30 days with a standard STOP sign in an effort to attract attention and create a safe transition. Per Commissioner DiVirgilio's request, a temporary STOP AHEAD sign will be placed on lighted barricades on both sides of the intersection for advance warning. Coming forward at this time to address the commission were: Kathrina McElhennev homeowner on Cypress Avenue for 18 years, is in support of installation of this new STOP sign for safety reasons. Chad Feilke, homeowner on Cypress Avenue since 2004, and fiance Jade Dillon, are in full support of striping and installation of STOP sign. They stated that parking is erratic and does not allow for emergency access. Mike Weissen, resident of a corner house on 8th Street and Cypress Avenue, stated that houses were built too close to their property lines creating problems for space to park. He is in full support of striping as emergency access is limited, but he expressed concern as to where the excess vehicles will find parking. John McElhennev inquired about speed "bumps" possibly being installed to control speeding on Cypress Avenue. Mr. Morgan responded that speed humps would be inappropriate due to the incline of this particular street. General discussion among the commissioners highlighted the following: Commissioner Lombardo is in full support of STOP sign due to inability to see oncoming traffic and believes striping is needed also. Commissioner Marinelli stated that he believes striping is the best solution for everyone in order to solve the problem of limited emergency access and also egress with installation of new STOP signs. MOTION by Commissioner Beste to approve staff recommendation. Seconded by Commissioner Lombardo. Commissioner DiVirgilio amended the motion to include additional notice of STOP sign ahead on 8th Street such as street painting and barricades. MOTION by Commissioner Beste to approve staff recommendation as amended. Seconded by Commissioner DiVirgilio. AYES: Beste, DiVirgilio, Lombardo, Marinelli, Winnek NAYES: None ABSENT: None ABSTAIN: None PW Commission 2 4/19/06 • • b. 13th Street Parking on Opposite Side During Sweeping Day Mr. Morgan reported that this section of 13th Street east of PCH to Ocean is a 25 -foot roadway with parking on north side only and no parking at all from 8:00 a.m. to 12:00 p.m. on street sweeping day, Thursday. He stated that opposite side parking on street sweeping days has been successful on neighboring streets but can cause more ticketing if residents do not move cars promptly. Mr. Morgan recommended that the commission hear public input. Coming forward to address the commission: Cary Bichlmeier, Hermosa Beach, stated that he has to park many blocks away on street sweeping day and supports opposite side parking. General discussion among the commissioners highlighted the following: Commissioner Beste recommended that a petition be made by residents to decide if majority of neighborhood is in favor. Commissioner Marinelli suggested that residents come together with plan to help the commission decide. Commissioner Winnek inquired as to policy regarding residents parking immediately after street sweeper goes by; Mr. Morgan said although not official, that was policy held by parking enforcement. Commissioner Lombardo suggested the hours be extended to the entire day. Mr. Flaherty stated that the 4 -hour street sweeping window is rarely enforced exactly and extending the hours would create parking problems for residents on the day following street sweeping. Commissioner DiVirgilio added that extending the opposite side parking hours to all day on street sweeping days would be solving a problem that nobody presented. MOTION by Commissioner Winnek to approve parking from 8:00 a.m. to 12:00 p.m. on opposite side of 13th Street on Thursday, street sweeping day. The motion was not seconded. MOTION by Commissioner Beste to approve staff recommendation subject to petition with at least 50 percent resident approval. Seconded by Commissioner DiVirgilio. AYES: Beste, DiVirgilio, Lombardo, Marinelli NAYES: Winnek ABSENT: None ABSTAIN: None 7. Commissioners' Reports None 8. Public Works Department Reports a. Monthly Activity Report — February Received and Reviewed PW Commission 4/19/06 b. Project Status Report -- February Received and Reviewed 9. Items Requested by Commissioners None 10. Other Matters Commissioner Marinelli relayed concem by Chamber of Commerce as to how striping of upper Pier Avenue project, if approved by Council, will affect Memorial Day Fiesta. Mr. Morgan stated that he believes new striping will work without difficulty. Mr. Flaherty stated that the delineation has already been experimented with. Mr. Morgan reported that signal at 16th Street and PCH is currently active. He noted that street sign has brown background identifying City of Hermosa Beach and looks forward to funding all street signs along PCH in Hermosa to brown background. Mr. Morgan noted that as previously discussed, a traffic study will be done after the signal has been running for three months and the results will be brought back to the Commission. Mr. Morgan briefly noted some traffic surveys going on in the City and topics coming before commission in the future. 11. Public Comment None 12. Adjournment Commissioner Winnek adjourned the meeting at 7:58 p.m. to the meeting of Wednesday, May 17th, 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 April 19, 2006. Victor Winnek, Chairman Richard D. Morgan, P.E., Secretary Date PW Commission F:16951PWFILESIPW Commissionlminuteslminutes 4-19-06.doc 4 4/19/06 .i';'%4F4).41Y44.X0 Honorable Mayor and Members of the Hermosa Beach City Council Recommendation: June 5, 2006 Regular Meeting of June 13, 2006 COUNTY STORM DRAIN MAINTENANCE AGREEMENT APPROVAL It is recommended that the City Council: -//•=5/0- 1. Approve the attached Storm Maintenance Cooperative Agreement with the County of Los Angeles for maintenance of the County -owned storm drain outlets; 2. Authorize the Mayor to execute and the City Clerk to attest the Contracts subject to approval of the City Attorney. Summary: The City has eleven storm drain outlets on the beach, five of which are owned by Los Angeles County. The County drainage outlets are located at Herondo St., 6th Street, Pier Avenue, 16th Street and 26th Street. For proper drainage, all of these outlets require routine removal of the sand that plugs the drain. Often this requires emergency response after normal working hours depending upon storm warnings and the tide. Because the City maintains a track loader on the beach for this purpose, and is more able to respond on an emergency basis, the City has been maintaining the County's storm drain outlets in addition to our own since 1975. The most recent agreement was executed in 1986. The 1986 agreement specified a maximum reimbursement amount of $10,000 per year for labor and equipment charges for work on the County's drains. This amount adequately covered these costs and therefore hadn't been revisited until our track loader broke down last year. The City paid $170,000 for a new John Deere tractor to replace our Caterpillar tractor. Staff believed that the County should be charged an annual replacement cost for this piece of equipment proportional to the number of county -owned drains, since this is the sole use of the tractor. Estimating a 10 -year lifespan for the tractor, an annual replacement accrual amount would be $17,500, of which the County's share would be 5/11ths or $7,955 per year. We have been negotiating with the County since then and the new agreement now allows for an annual billing amount of up to $25,000 for labor and equipment costs. The annual replacement cost will be included in this amount. Staff believes that- the new agreement amount is reasonable and recommends approval. The City Attorney has reviewed the agreement and found it to be acceptable. Fiscal Impact: Under this new agreement the County will reimburse the City for all costs associated with maintaining their beach storm drain outlets. Attachment: County Storm Drain Maintenance Agreement Respectfully submitted, Richard Vorgan, P.E. Director o Public Works/City Engineer Noted for fiscal impact: Viki Copeland Finance Director Concur: Stephe City M.' ager 2k AGREEMENT THIS AGREEMENT, made and entered into by and between the COUNTY OF LOS ANGELES, a political subdivision of the State of California, (hereinafter referred to as COUNTY), and the CITY OF HERMOSA BEACH, a municipal corporation in the State of California (hereinafter referred to as CITY): WITNESSETH WHEREAS, COUNTY is administering all matters for the Los Angeles County Flood Control District, (hereinafter referred to as DISTRICT), pursuant to Section 56-3/4 of the COUNTY'S Charter and in accordance with an Agreement approved on December 26, 1984, between the COUNTY and DISTRICT; and WHEREAS, DISTRICT has constructed a system of facilities for the control of stormwaters within CITY and will construct additional facilities in the future; and WHEREAS, a portion of these facilities (hereinafter referred to as OUTLETS) discharge stormwaters from inland areas across the beach to the Pacific Ocean; and WHEREAS, the beach within CITY is owned, operated, and maintained as a public facility by CITY; and WHEREAS, DISTRICT recognizes that the proper maintenance of OUTLETS involves work on CITY -owned beach, including grading and relocation of beach material; and WHEREAS, DISTRICT and CITY maintenance functions overlap -in the area of OUTLETS; and WHEREAS, CITY and DISTRICT recognize that the maintenance in the vicinity of OUTLETS can be most effectively achieved through a cooperative effort designed to service both the CITY'S recreational and DISTRICT'S flood control needs; and WHEREAS, CITY is willing to maintain OUTLETS, and DISTRICT is willing to reimburse CITY for maintenance performed; and WHEREAS, DISTRICT and CITY previously executed Agreement No. 0400-70, for similar purposes, which will become null and void upon full execution of AGREEMENT. ATTACHMENT • • NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties hereto mutually agree as follows: 1. CITY maintenance of OUTLETS as shown in Exhibit A shall begin upon full execution of AGREEMENT and shall continue unless terminated in accordance with Paragraph 9. Future OUTLETS may be added to Exhibit A upon DISTRICT'S written notice to CITY requesting CITY to maintain said facilities. 2. Subject to limitation of Paragraph 6, the CITY will perform the necessary maintenance of the OUTLETS which shall consist of filling or grading operations to correct erosion; filling, grading, or pumping operations to relieve standing water near OUTLETS under storm and low -flow conditions; filling or grading operations needed to reduce sand buildup associated with littoral drift if caused by OUTLETS; and temporary repairs to fencing or protection barriers to ensure public safety. Work other than listed above shall be approved in advance by DISTRICT in writing. The CITY will prepare a quarterly invoice relating to the forgoing work. This invoice shall be accompanied with appropriate supporting data showing the location and nature of work performed along with hours, rates, and materials used. The maintenance work performed must in no way hinder the normal hydraulic functioning of OUTLET or create a condition adverse to the structural stability of OUTLET. CITY and DISTRICT will notify one another forty-eight (48) hours in advance of any work on OUTLETS, except in the event of an emergency, when the notifying party shall use best efforts to notify the other of the need to take immediate action. 5. Any damage caused to DISTRICT structures by CITY'S work shall be repaired at the cost of CITY and to the satisfaction of DISTRICT. Should CITY neglect to promptly make said repairs, DISTRICT may make repairs or have repairs made and have CITY billed for reimbursement of DISTRICT costs. 6. Specifically excluded from work, considered reimbursable, are structural modifications to OUTLETS and maintenance operations inside the OUTLET structures. CITY shall under no circumstances direct work crews to enter the storm drain systems. 7. The total cost to DISTRICT in any one year shall not exceed a limit of Twenty-five Thousand and 00/100 Dollars ($25,000.00) for the maintenance of all OUTLETS within CITY. Reimbursement of costs in excess of said limit will be subject to DISTRICTS Board of Supervisors' Page 2 of 4 // // // // // // // // // // // // • • approval. The term year, used herein, shall mean the period commencing July.1 and ending on the ensuing June 30. Said dollar limit shall apply to " total cost only and shall not govern any distribution of maintenance costs between specific OUTLETS as shown on Exhibit A. 8. DISTRICT will pay quarterly, upon receipt of invoice from CITY, the necessary funds to reimburse CITY for work performed in accordance with the terms of this AGREEMENT, subject to the cost limit specified herein. 9. This AGREEMENT, or any supplement thereof, may be cancelled by CITY or DISTRICT by providing a written ninety (90) -day notice. In the event of such cancellation notice,- any work currently being performed or pending reimbursement shall not be affected by such cancellation but shall continue until completed and payment for same shall be provided in accordance with the terms of AGREEMENT. 10. In contemplation of the provisions of Section 895.2 of the Government Code of the State of Califomia imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an Agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Sections 895.4 and 895.6 of said Code, DISTRICT and CITY will each agree to indemnify, defend, and save harmless the other against any and all liability, expense, and claims arising from their respective acts or omissions The provisions of Section 2778 of the California Civil Code are made a part hereof as is fully set forth. 11. This AGREEMENT constitutes the entire AGREEMENT and understanding of the parties relating to maintenance of the OUTLETS, notwithstanding any other AGREEMENTS or understandings between the CITY and the COUNTY. 12. This AGREEMENT is intended to benefit only the CITY and the DISTRICT with no third party beneficiaries. Page'3 of 4 • IN WITNESS WHEREOF, the be executed by their respective HERMOSA BEACH on ANGELES on • parties hereto have caused this AGREEMENT to officers, duly authorized, by the CITY OF 2006, and by the COUNTY OF LOS ATTEST: SACHI HAMAI Executive Officer of the Board of Supervisors of the County of Los Angeles By Deputy APPROVED AS TO FORM: RAYMOND G. FORTNER, JR. County Counsel By Deputy CITY OF HERMOSA BEACH By City Mayor ATTEST: By City Clerk By City Attorney , 2006. COUNTY OF LOS ANGELES, acting on behalf of the Los Angeles County Flood Control District By Mayor, Los Angeles County P:lpdpub1City\Cities-Uninc Areas\South Bay CitieslHbtAGREEMENTrevised.doc Page 4 of 4 6/). June 6, 2006 Honorable Mayor and Members of Regular Meeting of the Hermosa Beach City Council June 13, 2006 CIP 06-641 CLARK BUILDING REFURBISHMENT — APPROVAL FOR CHANGE IN SCOPE FOR PHASE 1 OF CLARK BUILDING REFURBISHMENT Recommendation: It is recommended that the City Council: 1. Approve change of scope for Phase 1 of CIP 06-641 - Clark Building Refurbishment to obtain Architectural Design Services; and 2. Authorize an appropriation of $15,000 from the funds remaining in the Pier Renovation Project in FY 05-06, thereby creating CIP 06-641 in the current fiscal year. Background: The Clark Building is in poor condition and in need of refurbishment. Public Works staff has identified the assembly room as an area requiring immediate attention. Refinishing the floors and painting the walls will preserve the building and improve the environment for the many activities held there. Architectural services are needed to develop a comprehensive plan to refurbish the entire building. Staff estimates Phase 1 cost of $40,000 (see attached preliminary estimate). Analysis: The assembly room is heavily used and in need of immediate attention. The finish on the existing hardwood floor has wom through, exposing the wood to damage. Wall and ceiling paint is beginning to peel. Staff recommends sanding and refinishing the floor, painting, and making minor improvements to the electrical system. The services of an architect are needed to develop a color scheme for interior and exterior paint. The architect would also develop a comprehensive plan for thorough refurbishment of the building, including new lighting, kitchen and bathroom renovations, and repair/restoration of windows and doors. The total renovation costs are roughly estimated at $300,000. Please refer to the attached spreadsheet for a conceptual breakdown of costs. Fiscal Impact: The proposed budget for FY 06-07 includes $25,000 for this project. An additional $15,000 is needed to bring the funding for Phase 1 to $40,000 which will be necessary if the change in scope is approved. Staff recommends appropriating $15,000 of the $50,000 remaining in CIP Project No. 00-630 Pier Renovation, Phase 3 (account number 125-8630-4201) in the current fiscal year. Attachment: Preliminary Estimate 21 Respectfully submitted, Frank Senteno, P.E. Associate Engineer Noted for fiscal impact: Viki Copeland, Finance Director Concur: Rich. -: D. Morgan, P.E. Director of Public Works/City Engineer Concur: Steph uriell City M: ager F:1B951PVVFlLES1CCITEMS106-641 Clark Building Refurbish - appvl scope chg 6-13-06.doc CLARK BUILDING RENOVATION Description Cost Comment Remove existing curtains and rods. $0 PW crew. Relocate irrigation controls to exterior of building $0 $5,000 _ Ells will move it —end of May_ See Phase 1 Electrical Scope (attached) Trisodium phosphate wash, primer, two coats acrylic Electrical: Remove exposed conduit and place outlets in walls. Paint main room: 78'x44'x12' approx. 7,000 s.f. Semigloss blue/porcelain w/ flat white ceiling. Also bathrooms, varnish cabinets by stage, clean & clearcoat fireplace brick.. $9,500 Refinish floor in main room: 78'x44' 8 Area = 3500 sq. ft. ($8500 + $10/If for repairs) Sand, 2 coats polyurethane. $10,000 Sand, two coats polyurethane Replace fireplace frame. $500 Clear crawl -space ventilation screens $500 PW crew. Architect/Designer: $10,000 Test for lead in exterior paint. $0 Everlast tested ==> Negative Subtotal $35,500 Contingency $4,500 TOTAL — PHASE 1 $40,000 install new floor at entry: Install carpet approximately 30' wide by 6' deep, centered on main entry doors. Color? Type? $500 HVAC: Replace 2 furnaces, ducting, controls $15,000 incl variable dampers for increased fresh air / venting w/ programmable controls New lighting? $10,000 Plumbing: Install new pipe to main. Replace kitchen plumbing. $10,000 Renovate Kitchen: $50,000 Restrooms: Remodel. $20,000 • Windows: Restore windows to original, consistent style. Replace or repair damaged frames. Replace panes. $30,000 Open front windows. Window Treatment $10,000 Awnings $5,000 Will protect doors, windows, floors Paint exterior: Blast, patch, and paint. $40,000 Everlast quote Misc. Landscaping, lighting $10,000 Rmv trees in front planter, uplighting Repair downspouts / drains $5,000 Filter / Drainage Cells for Cypress Runoff. $0 Incl w/ Clark Field grading/drainage Skylights: Install 5 tubular skylights $6,000 Natural Light 21" Commercial =_> $600/ea + install ==> say $1200 ea Subtotal $211,500 Contingency $63,450 TOTAL -- PHASE 2 $274,950 KFR.ClakBId9Taskt tsttxls:6/7l2006:9:32 AM HONORABLE MAYOR and MEMBERS of the HERMOSA BEACH CITY COUNCIL ietz June 6, 2006 G 1 %/ e,y7d 640.G, Regular Meeting of June 13, 2006 SUBJECT: FINAL MAP NO. 26020 (C.U.P. CON NO. 00-15, PDP NO. 00-16) LOCATION: 852 AND 856 MONTEREY BOULEVARD (FORMERLY 866 MONTEREY BOULEVARD) APPLICANT(S): PAUL J. LUPO 700 TORRANCE BOULEVARD, SUITE A REDONDO BEACH, CA 90277 REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL L MAP FOR A TWO - UNIT CONDOMINIUM PROJECT Recommendation Staff recommends approval of Final Parcel Map No. 26020 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.26020 at their August 15, 2000 meeting. The approval of the map was extended for four additional years to August 15, 2006 by the Planning Commission. 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. 2m t • • 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. 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 BlumenD ld, I ' ector Community I) evelopment Department 0 Stephen R. B r I'll City Manager Respectfully submitted, �+�lirer. ' son Senior Planner y/f:fm852-56 Monterey 3 4 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. 26020, FOR THE SUBDIVISION OF A TWO -UNIT CONDOMINIUM, LOCATED AT 852 AND 856 MONTEREY BOULEVARD (FORMERLY 866 MONTEREY BOULEVARD) IN THE CITY OF HERMOSA BEACH, CALIFORNIA WHEREAS, on August 15, 2000, the Planning Commission of the City of Hermosa Beach conducted a duly noticed public hearing to consider the application of Paul J. Lupo (the "Applicant" hereinafter) for approval of Tentative Parcel Map No. 26020 and, upon conclusion of said public hearing on August 15, 2000 the Planning Commission adopted its Resolution No. 00- 46 approving Tentative Parcel Map No. 26020. WHEREAS, the Tentative Parcel Map was extended four times to August 15, 2006. WHEREAS, on May 22, 2006, the Applicant filed an application for approval of Final Parcel Map No. 26020 (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. 26020 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. 26020 as presented. The Council further 1 r 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 authorizes and directs the Mayor and the City Clerk to execute the Subdivision Agreement for installation of public improvements required by Tentative Parcel Map No. 26020 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 13th day of June 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:b95\cd\fm852-56 monterey reso 2 Mayor and Members of the City Council May 31, 2006 City Council Meeting June 13, 2006 ORDINANCE NO. 06-1267 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROHIBITING SMOKING ON THE BEACH AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE" Submitted for adoption and waiver of full reading is Ordinance No. 06-1267 relating to the above subject. At the meeting of May 9, 2006, the ordinance was presented to the City Council for consideration and was introduced by the following vote: AYES: Edgerton,Keegan, Mayor Tucker NOES: Reviczky ABSENT: None ABSTAIN: None At the meeting of May 23, 2006, the ordinance was presented to the City Council for adoption but, due to the absence of Councilmember Keegan and the dissenting vote by Councilmember Reviczky, failed to gamer the three affirmative votes needed for passage of an ordinance. The matter was therefore continued to the June 13, 2006 meeting. Noted: tp Stephen; :u e i anager Elaine Doerfling, City Cie 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • ORDINANCE NO. 06-1267 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROHITING SMOKING ON THE BEACH AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 8.40.020 of Title B, 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 lying 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." SECTION 3. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 4. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law. SECTION 5. 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 1 06-1267 1 2 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 13th of June 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN: PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 2 06.1267 n �f h� t S.6 -�y7— Honorable Mayor and Members of the Hermosa Beach City Council v%4 June 6, 2006 74- 6//3/D /,3/D City Council Meeting of June 13, 2006 ADOPTION OF 2006-2007 BUDGET RECOMMENDATION: It is recommended that the City Council: 1. Hear public testimony regarding the 2006-2007 Budget; 2. Appropriate $5,000 from Prospective Expenditures in 2005-2006 for the Envelope of Life Program; 3. Appropriate $10,000 from Prospective Expenditures in 2005-2006 for the Historical Society Expansion. Cost estimates and a timeline are required; 4. Approve contracts listed below for services budgeted in the 2006-2007 Budget; 5. Adopt Resolution 06- , approving the 2006-2007 Budget BACKGROUND: A budget workshop was held in the Council Chambers on June 1, 2005. ANALYSIS: Budget Overview The Budget Message, on page 15 in the budget document, presents an overview of the budget. The charts presented at the Budget Workshop are also attached for reference. Appropriation of Funds It is recommended that funds for the Envelope of Life Program ($5,000) and the Historical Society Expansion ($10,000) be appropriated from the 2005-06 Prospective Expenditures Account instead of 2006-07 since there are unused funds remaining in that account. Appropriating the funds in the current year rather than next year leaves the $50,000 budgeted for next year in Prospective Expenditures intact and provides funding immediately in the event either project is ready to start now. 5a(1) F:1B95106-13-061City Council Budget Adoption 06-07.doc Contracts for Services The following contracts are for services budgeted in various departments. Rather than submitting them individually on future agendas, we are submitting them en masse. The contracts are on file in the Finance Department for your review. Contractor Name Community Development Environmental Compliance Inspection Services (ECIS) Fire Department American La France of Los Angeles Freightliner Information Systems Prosum Technology Consulting Group Public Works John L. Hunter & Associates John L. Hunter & Associates Enfact, Inc. AAE, Inc. Service Provided Term/Amount Annual Grease Trap Inspection and Plan Check $6,500 Services 7/1/06-6/30/07 Apparatus Preventative Maintenance Program - Continuing Services Full-time Onsite Systems and Network Support 6/1/06 — 6/1/07 $28,000 7/1/06 to 6/30/07 $147,600, additional services $125/hour Beverage Container 7/1/06 — 6/30/07 Recycling Program $13,327 Used Oil Recycling 7/1/06 — 6/30/07 Program $7,230 Storm Water Management 7/1/06 - 6/30/07 Program $54,270 Traffic Engineer 7/1/06 6/30/07 $20,000 2 F:1B951BUDGETICity Council Budget Adoption 06-07.doc Police Department All City Management Services South Bay Center for Dispute Resolution School Crossing Guard Services Community-based professional dispute resolution services for City residents and businesses. 7/1/06 - 6/30/07 Not to exceed $65,981 (with additional crossing guard, if approved, as Item 2d on this agenda, total would be $73,802) 7/1/06 - 6/30/07 $8,000 Budget Summary The Budget Summary is attached to the budget resolution at the end of this packet. Respectfully submitted, Viki Copeland Finance Director St Cit R. Bu rell anager 3 F:1B951BUDGET1City Council Budget Adoption 06-07.doc 4 F:1B95\BUDGE11City Council Budget Adoption 06-07.doc F:\B95\BUDGEl1City Council Budget Adoption 06-07.doc 6 • F:1B951BUDGET\City Council Budget Adoption 06-07.doc tre*AVVIki Mq40..t, •EV =44.'el 445- :01 4 griV 40.4. tv,oi kae4Yr 144' .YN onservative increase o 7 • FAB951BUDGET1City Council Budget Adoption 06-07.doc • Slight increase of 2%, despi dealership 8 • F:18951BUDGEIICity Council Budget Adoption 06-07.doc t Sfety"i z rsa5l a yz• ,w iwww�N�a r?:'1 f try' Y.f. Faat,y r�(.l Represents 11% of GeneralFund. revenue decline of 3% from 2004-05 due to lowertlecommunications revenue, some funds may be at risk due to telecom legal issues F:1B951BUDGE11City Council Budget Adoption 06-07.doc pe.y4.. 05, 4...0.11„1„,44 ow , •••• - 702,ffriMM,krqrxriTW,17-4-3,74, 777,7171711!!!!"11211 tr; t'Jayri,z-% ,,m,.via.41 • v4kkegSTIYARNAVOMMI:tgOQ • • r • f11.41- , 4.1.4.attog Trxr zwin •:Tfi.ittRAA 7,7447 •• ""c07,;707' w". 4,60"44,1e 44'.'5M*1 v41474 10 • • FAB951BUDGET1City Council Budget Adoption 06-07.doc 11 S • FAB951BUDGET1City Council Budget Adoption 06-07.doc 12 • 0 F:1B951BUDGETCity Council Budget Adoption 06-07.doc 13 • FAB951BUDGETICIty Council Budget Adoption 06-07.doc • •.....',,' ,,FlY,Ii...1.14,•:•,...:..t....h.,,•;:.:1,x,...,;.,,,,,t,;:;..,f;r,•;14'.'er..:i,,,,•:, ,i.y.i,..,•io,...:,..,.-..',1,;•.,,,i-.:•;•,?!:•Y•i.11.•,.;:',.1-,:•.1,.•;!,..r......'1,.A..?;'•;,:.•,..r. ,h.i.',..,..........,, ...',..(,,,:•....::;../;i:re,,,"•••er.!.':c,,,'&:',.•,:',"qr •........ „ ..... .... . .. 14 F:113951BUDGET1City Council Budget Adoption 06-07.doc 15 F:1B951BUDGE7\City Council Budget Adoption 06-07.doc 16 F:1B951BUDGETCity Council Budget Adoption 06-07.doc 17 F:1B95\BUDGET1City Council Budget Adoption 06-07.doc ■ Set for implementation at Review 18 F:1B951BUDGE11City Council Budget Adoption 06-07.doc Hermosa Avenue;, 2 Manhattan to Ig Street IImprovemen Street Improvemen Prospect 19 F:1B951BUDGET\City Council Budget Adoption 06-07.doc 20 F:1B951BUDGET\City Council Budget Adoption 06-07.doc 21 • • FAB951BUDGETICity Council Budget Adoption 06-07.doc 3 4 5 7 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 ADOPTING THE BUDGET FOR THE FISCAL YEAR 2006-2007 WHEREAS, a budget for the fiscal year 2006-2007 has been prepared by the City Manager, and; WHEREAS, said budget incorporates expenditures for operating purposes, capital outlay and capital improvement projects, and; WHEREAS, said final budget will include the appropriations limit and total annual appropriations subject to limitation as required by Section 37200 of the Government Code, and; WHEREAS, the City Council has examined said budget and, after due deliberation and consideration, has made such amendments to the budget as it deems advisable. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES RESOLVE AS FOLLOWS: SECTION 1. That the City Council does hereby approve and adopt the revised budget for the 2006-2007 Fiscal Year as presented in the documents entitled "City of Hermosa Beach Budget Summary 2006-2007," as amended by the City Council through June 13, 2006, and attached as "Exhibit A." PASSED, APPROVED and ADOPTED this 13th day of June 2006. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk City Attorney CITY OF HERMOSA BEACH BUDGET SUMMARY 2006-07 BUDGET LIGHTING DOWNTOWN GENERAL LANDSCAPING ENHANCEMENT FUND FUND FUND 001 105 109 ESTIMATED REVENUE Taxes Licenses/Permits Fines/Forfeitures Use of Money/Property Intergovernmental/State Intergovernmental/County Intergovernmental/Federal Current Service Charges Other Revenue $17,864,760 $768,405 $1,606,164 $422,438 $186,548 $0 $0 $3,796,720 $67,100 $449,040 $0 $0 $3,028 $0 $0 $0 $0 $0 $0 $0 $0 $269,950 $0 $0 $0 $948,562 $0 TOTAL ESTIMATED REVENUE $24,712,135 $452,068 $1,218,512 INTERFUND TRANSFERS IN $719,652 $0 $0 ESTIMATED FUNDS AVAILABLE $25,431,787 $452,068 $1,218,512 ESTIMATED FUND BALANCE 7/1/06 $248,165 $117 $8,480,619 TOTAL FUNDS AVAILABLE $25,679,952 $452,185 $9,699,131 APPROPRIATIONS Operating Budget $24,720,855 $608,810 $1,062,939 Capital Outlay $7,900 $0 $0 Capital Improvements $0 $0 $0 TOTAL APPROPRIATIONS $24,728,755 $608,810 $1,062,939 INTERFUND TRANSFERS OUT $700,000 $10,176 $3,972 TOTAL APPROPRIATIONS/TRANSFERS OUT $25,428,755 $618,986 $1,066,911 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS' JESTIMATED FUND BALANCE 6/30/07 $251,197 (a) ($166,801) $8,632,220 (b) I (a) DESIGNATIONS/RESERVES OF FUND BALANCE: Affordable Housing $111,831 Reserve for Capital Outlay Sales Tax Receivable - Due 01/08 Storage Lot Loan (reduced by lease revenue) $9,592 $129,774, $251,197 (b) Investment In Fixed Assets $10,391,666 $1,965,039 Available Fund Balance 6130/07 $0 ($166,801) $205,593 ' Reflects increase to fund balance for fixed asset purchases in Enterprise/Internal Service Funds. "Exhibit A" CITY OF HERMOSA BEACH BUDGET SUMMARY 2006-07 BUDGET COMPENSATED PROP A STATE GAS AB 939 ABSENCES OPEN SPACE TYCO TAX FUND FUND FUND FUND FUND 115 117 119 121 122 ESTIMATED REVENUE Taxes Licenses/Permits Fines/Forfeitures Use of Money/Property Intergovernmental/State Intergovernmental/County Intergovemmental/Federal Current Service Charges Other Revenue $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $3,785 $16,150 $0 $0 $324,730 $366,505 $0 $0 $0 $0 $0 $0 $0 $20,557 $0 $0 $0 $0 $0 $0 $0 $57,160 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL ESTIMATED REVENUE $370,290 $73,310 _ $0 $20,557 $324,730 INTERFUND TRANSFERS IN $0 $0 $0 $0 $0 ESTIMATED FUNDS AVAILABLE $370,290 $73,310 $0 $20,557 $324,730 ESTIMATED FUND BALANCE 7/1106 $85,401 $305,973 $268,481 $3 $46,439 TOTAL FUNDS AVAILABLE $455,691 $379,283 $268,481 $20,560 $371,169 APPROPRIATIONS Operating Budget Capital Outlay Capital Improvements TOTAL APPROPRIATIONS INTERFUND TRANSFERS OUT $0 $85,883 $0 $0 $0 $0 $0 $0 $0 $0 $70,819 $0 $0 $0 $0 $70,819 $85,883 $0 $0 $0 $355,307 $0 $36,339 $20,557 $175,000 TOTAL APPROPRIATIONS/TRANSFERS OUT $426,126 $85,883 $36,339 $20,557 $175,000 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS 1 ESTIMATED FUND BALANCE 6/30107 $29,565 (d) $293,400 $232,142 $3 $196,16) (d) RESERVES: Transportation Development Act (TDA) Local $11,198 Available Fund Balance 6/30/07 $18,367 $293,400 $232,142 $3 $196,169 • CITY OF HERMOSA BEACH BUDGET SUMMARY 2006-07 BUDGET PARK/ TYCO RECREATION TIDELANDS FACILITY TAX FUND FUND 123 125 4% UTILITY USER TAX RAILROAD RIGHT OF WAY FUND 126 BUILDING IMPROVEMENT FUND 127 BAYVIEW DRIVE DISTRICT ADMINISTRATIVE EXPENSE FUND 135 ESTIMATED REVENUE Taxes Licenses/Permits Fines/Forfeitures Use of Money/Property Intergovernmental/State Intergovernmental/County Intergovernmental/Federal Current Service Charges Other Revenue TOTAL ESTIMATED REVENUE INTERFUND TRANSFERS IN ESTIMATED FUNDS AVAILABLE ESTIMATED FUND BALANCE 7/1106 TOTAL FUNDS AVAILABLE APPROPRIATIONS Operating Budget Capital Outlay Capital Improvements TOTAL APPROPRIATIONS INTERFUND TRANSFERS OUT TOTAL APPROPRIATIONS/TRANSFERS OUT ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS' $0 $0 $0 $17,245 $0 $0 $0 $0 $0 $17,245 $0 $17,245 $263,095 $280,340 $0 $0 $0 $7,000 $0 $0 $12,113 $0 $0 $0 $0 $85,940 $105,053 $0 $105,053 $206,549 $311,602 $62,547 $0 $166,754 $0 $229,301 $0 $0 $0 $229,301 $0 $0 $0 $1,598 $0 $0 $0 $0 $0 $1,598 $0 $1,598 $30,377 $31,975 $0 $0 $31,975 $31,975 $0 $31,975 $0 $0 $0 $252 $0 $0 $0 $0 $0 $252 $0 $252 $4,979 $5,231 $0 $0 $5,231 $5,231 $0 $5,231 $0 $0 $0 $98 $0 $0 $0 $0 $4,146 $4,244 $0 $4,244 $98 $4,342 $1,582 $0 $0 $1,582 $2,564 $4,146 ESTIMATED FUND BALANCE 6/30/07 $280,340 $82,301 $0 $0 $196 Available Fund Balance 6/30/07 $280,340 $82,301 $0 $0 $196 CITY OF HERMOSA BEACH BUDGET SUMMARY 2006-07 BUDGET LOWER PIER ADMINISTRATIVE EXPENSE FUND 136 MYRTLE DISTRICT ADMINISTRATIVE EXPENSE FUND 137 BEACH DRIVE LOMA DISTRICT ASSESSMENT DISTRICT ADMINISTRATIVE ADMINISTRATIVE EXPENSE EXPENSE FUND FUND 138 139 ESTIMATED REVENUE Taxes Licenses/Permits Fines/Forfeitures Use of Money/Property I ntergove rumen tal/State Intergovernmental/County Intergovernmental/Federal Current Service Charges Other Revenue TOTAL ESTIMATED REVENUE INTERFUND TRANSFERS IN ESTIMATED FUNDS AVAILABLE ESTIMATED FUND BALANCE 7/1/06 TOTAL FUNDS AVAILABLE APPROPRIATIONS Operating Budget Capital Outlay Capital Improvements TOTAL APPROPRIATIONS INTERFUND TRANSFERS OUT TOTAL APPROPRIATIONS/TRANSFERS OUT ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $417 $501 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,922 $9,131 $9,803 $2,922 $9,548 $10,304 $0 $0 $0 $2,922 $9,548 $10,304 $787 $7,537 $10,514 $3,709 $17,085 $20,818 $1,900 $6,000 $6,300 $0 $0 $0 $0 $0 $0 $1,900 $1,078 $2,978 $6,000 $6,300 $3,123 $3,569 $9,123 $9,869 30 $0 $o $57 $0 $0 $0 $0 $2,589 $2,646 $0 $2,646 $31 $2,677 $1,550 $0 $0 $1,550 $1,089 $2,639 ESTIMATED FUND BALANCE 6/30107 $731 $7,962 $10,949 $38 Available Fund Balance 6/30/07 $731 $7,962 $10,949 $38 CITY OF HERMOSA BEACH BUDGET SUMMARY 2006-07 BUDGET COMMUNITY DEVELOPMENT PROPOSITION PROPOSITION BLOCK GRANT A C GRANTS FUND FUND FUND FUND 140 145 146 150 ESTIMATED REVENUE Taxes Licenses/Permits Fines/Forfeitures Use of Money/Property I ntergovemmental/State Intergovernmental/County Intergovernmental/Federal Current Service Charges Other Revenue $0 $0 $0 $0 $0 $0 $234,324 $0 $0 $303,376 $0 $0 $16,486 $0 $0 $0 $6,500 $0 $252,020 $0 $0 $66,706 $0 $0 $0 $0 $0 $0 $0 $0 $0 $5,200 $75,000 $762,000 $0 $0 TOTAL ESTIMATED REVENUE $234,324 $326,362 $318,726 $842,200 INTERFUND TRANSFERS IN $0 $0 $0 $0 ESTIMATED FUNDS AVAILABLE $234,324 $326,362 $318,726 $842,200 ESTIMATED FUND BALANCE 7/1106 $2 $429,669 $1,430,878 $8,205 TOTAL FUNDS AVAILABLE $234,326 $756,031 $1,749,604 $850,405 APPROPRIATIONS Operating Budget Capital Outlay Capital Improvements TOTAL APPROPRIATIONS $9,900 • $177,979 $0 $13,405 $0 $0 $0 $75,000 $224,424 $0 $1,749,604 $762,000 $234,324 $177,979 $1,749,604 $850,405 INTERFUND TRANSFERS OUT $0 $0 $0 $0 TOTAL APPROPRIATIONS/TRANSFERS OUT $234,324 $177,979 $1,749,604 $850,405 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS' ESTIMATED FUND BALANCE 6130/07 $2 $578,052 $0 $0 Available Fund Balance 6/30/07 $2 $578,052 $0 $0 CITY OF HERMOSA BEACH BUDGET SUMMARY 2006-07 BUDGET AIR QUALITY IMPROVEMENT FUND 152 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND 153 CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM FUND 154 ESTIMATED REVENUE Taxes Licenses/Permits Fines/Forfeitures Use of Money/Property Intergovem mental/State Intergovemmental/County Intergovernmental/Federal Current Service Charges Other Revenue TOTAL ESTIMATED REVENUE INTERFUND TRANSFERS IN ESTIMATED FUNDS AVAILABLE ESTIMATED FUND BALANCE 7/1/06 TOTAL FUNDS AVAILABLE APPROPRIATIONS Operating Budget Capital Outlay Capital Improvements TOTAL APPROPRIATIONS INTERFUND TRANSFERS OUT TOTAL APPROPRIATIONS/TRANSFERS OUT ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS' $0 $0 $0 $2,441 $23,254 $0 $0 $0 $0 $25,695 $0 $25,695 $71,818 $97,513 $1,000 $0 $0 $1,000 $0 $1,000 $100,000 $0 $0 $7,823 $0 $0 $0 $0 $0 $107,823 $0 $107,823 $63,821 $171,644 $31,300 $59,000 $0 $90,300 $0 $90,300 $0 $0 $0 $505 $0 $0 $0 $0 $0 $505 $0 $505 $1,734 $2,239 $0 $0 $0 $0 $0 $0 ESTIMATED FUND BALANCE 6130107 $96,513 $81,344 $2,239 Available Fund Balance 6/30/07 $96,513 $81,344 $2,239 CITY OF HERMOSA BEACH BUDGET SUMMARY 2006-07 BUDGET TASKFORCE FOR REG AUTOTHEFT ASSET SEIZURE/ FIRE PREVENTION SEWER FORFEITURE PROTECTION FUND FUND FUND FUND 156 160 170 180 ESTIMATED REVENUE Taxes Licenses/Permits Fines/Forfeitures Use of Money/Property IntergovemmentaUState Intergovernmental/County Intergovernmental/Federal Current Service Charges Other Revenue $0 $0 $0 $0 $0 $0 $0 $0 $10,750 $0 $53,836 $1,429 $0 $5,310 $0 $144,035 $8,000 $0 $0 $0 $0 $0 $43,352 $0 $0 $6,750 $0 $0 $0 $0 $11,020 $0 $0 $0 $0 $104,650 ' TOTAL ESTIMATED REVENUE $144,035 $117,248 $12,179 $115,670 INTERFUND TRANSFERS IN $0 $700,000 $0 $0 ESTIMATED FUNDS AVAILABLE - $144,035 $817,248 $12,179 $115,670 ESTIMATED FUND BALANCE 7/1/06 $0 • $170,906 $17,728 $100,851 TOTAL FUNDS AVAILABLE $144,035 $988,154 $29,907 $216,521 APPROPRIATIONS Operating Budget $144,035 $720,189 $0 $0 Capital Outlay $0 $23,000 $0 $0 Capital Improvements $0 $239,603 $0 $91,500 TOTAL APPROPRIATIONS $144,035 $982,792 $0 $91,500 INTERFUND TRANSFERS OUT $0 $0 $0 $95,021 TOTAL APPROPRIATIONS/TRANSFERS OUT $144,035 $982,792 $0 $186,521 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS ESTIMATED FUND BALANCE 6/30/07 $0 $5,362 $29,907 ' $30,000 Available Fund Balance 6130/07 $0 $5,362 $29,907 $30,000 Available Fund Balance 6/30/07 $940,350 $3,224,332 $163,463 $6,464 • CITY OF HERMOSA BEACH BUDGET SUMMARY 2006-07 BUDGET RETIREMENT STABILIZATION FUND 198 CONTINGENCY FUND 199 CAPITAL IMPROVEMENT FUND 301 ARTESIA BLVD RELINQUISHMENT FUND 302 ESTIMATED REVENUE Taxes Licenses/Permits Fines/Forfeitures Use of Money/Property Intergovemmental/State Intergovemmental/County Intergovernmental/Federal Current Service Charges Other Revenue TOTAL ESTIMATED REVENUE INTERFUND TRANSFERS IN ESTIMATED FUNDS AVAILABLE ESTIMATED FUND BALANCE 7/1106 TOTAL FUNDS AVAILABLE APPROPRIATIONS Operating Budget.: Capital Outlay Capital Improvements TOTAL APPROPRIATIONS INTERFUND TRANSFERS OUT TOTAL APPROPRIATIONS/TRANSFERS OUT ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS' $0 $0 $0 $0 $0 $0 $0 $0 $0 $78,820 $103,381 $201,715 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 _ $0 $0 $0 $0 $0 $78,820 $103,381 $201,715 $0 $0 $175,000 $78,820 $103,381 $376,715 $1,048,387 $3,607,298 $1,770,240 $1,127,207 $3,710,679 $2,146,955 $0 $0 $0 $0 $0 $0 $0 $0 $1,783,492 $0 $0 $1,783,492 $186,857 $0 $0 $186,857 $0 $1,783,492 $0 $0 $0 $20,778 $0 $0 $0 $0 $0 $20,778 $0 $20,778 $119,640 $140,418 $16,000 $0 $117,954 $133,954 $0 $133,954 ESTIMATED FUND BALANCE 6/30/07 $940,350 $3,710,679 (e) $363,463 (e) $6,464 Storage Lot Loan (reduced by lease revenue) ($486,347) (e) RESERVES: Advance to Utility Districts $200,000 CITY OF HERMOSA BEACH BUDGET SUMMARY 2006-07 BUDGET BEACH DRIVE 2 UNDERGROUNDING DISTRICT IMPROVEMENT FUND 303 MYRTLE UTILITY UNDERGROUND IMPROVEMENT FUND 307 BAYVIEW DRIVE UTILITY UNDERGROUNDING DISTRICT IMPROVEMENT FUND 309 ESTIMATED REVENUE Taxes Licenses/Permits Fines/Forfeitures Use of Money/Property Intergovemmental/State Intergovernmental/County Intergovemmental/Federal Current Service Charges Other Revenue TOTAL ESTIMATED REVENUE INTERFUND TRANSFERS IN ESTIMATED FUNDS AVAILABLE ESTIMATED FUND BALANCE 711/06 TOTAL FUNDS AVAILABLE APPROPRIATIONS Operating Budget Capital Outlay Capital Improvements TOTAL APPROPRIATIONS INTERFUND TRANSFERS OUT TOTAL APPROPRIATIONS/TRANSFERS OUT ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS 1 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 ($65,520) ($65,520) $0 $0 $0 $0 $0 $0 $0 $0 $0 $421 $0 $0 $0 $0 $0 $421 $0 $421 $8,336 $8,757 $0 $0 $0 $0 $0 $0 $0 $0 $0 $10,936 $0 $0 $0 $0 $0 $10,936 $0 $10,936 $14,311 $25,247 $0 $0 $0 $0 $0 $0 'ESTIMATED FUND BALANCE 6130/07 ($65,520) $8,757 $25,247 Available Fund Balance 6/30/07 ($65,520) $8,757 $25,247 • CITY OF HERMOSA BEACH BUDGET SUMMARY. 2006-07 BUDGET BEACH DRIVE UTILITY UNDERGROUNDING DISTRICT IMPROVEMENT FUND 311 PROSPECT UNDERGROUNDING DISTRICT IMPROVEMENT FUND 312 BAYVIEW DRIVE ASSESSMENT DISTRICT REDEMPTION FUND 609 ESTIMATED REVENUE Taxes Licenses/Permits Fines/Forfeitures Use of Money/Property Intergovernmental/State IntergovernmentaUCounty Intergovernmental/Federal Current Service Charges Other Revenue TOTAL ESTIMATED REVENUE INTERFUND TRANSFERS IN ESTIMATED FUNDS AVAILABLE ESTIMATED FUND BALANCE 7/1/06 TOTAL FUNDS AVAILABLE APPROPRIATIONS Operating Budget Capital Outlay Capital Improvements TOTAL APPROPRIATIONS INTERFUND TRANSFERS OUT TOTAL APPROPRIATIONS/TRANSFERS OUT ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS' 1ESTIMATED FUND BALANCE 6130107 $0 $0 $0 $4,038 $0 $0 $0 $0 $0 $4,038 $0 $4,038 $75,799 $79,837 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0' $0 $0 $0 $0 $o $0 ($200,000) ($200,000) $0 $0 $0 $0 $0 $0 $0 $0 $0 $918 $0 $0 $0 $0 $0 $918 $0 $918 $1,278 $2,196 $0 $0 $0 $0 $0 $0 879,837 ($200,000) $2,196 Available Fund Balance 6/30/07 $79,837 ($200,000) $2,196 CITY OF HERMOSA BEACH BUDGET SUMMARY 2006-07 BUDGET BEACH DRIVE BEACH DRIVE LOWER PIER ASSESSMENT ASSESSMENT DISTRICT DISTRICT DISTRICT REDEMPTION REDEMPTION RESERVE FUND FUND FUND 610 611 612 ESTIMATED REVENUE Taxes Licenses/Permits Fines/Forfeitures Use of Money/Property Intergovernmental/State Intergovernmental/County I ntergovemmental/Federal Current Service Charges Other Revenue $0 $0 $0 $668 $0 $0 So $0 $0 $0 $0 $0 $501 $0 $0 $0 $0 $0 $0 $0 $0 $167 $0 $0 $0 $0 $0 TOTAL ESTIMATED REVENUE $668 $501 $167 INTERFUND TRANSFERS IN $0 $0 $0 ESTIMATED FUNDS AVAILABLE $668 $501 $167 ESTIMATED FUND BALANCE 7/1106 $5,839 $696 $247 TOTAL FUNDS AVAILABLE $6,507 $1,197 $414 APPROPRIATIONS Operating Budget Capital Outlay - • = Capital Improvements TOTAL APPROPRIATIONS INTERFUND TRANSFERS OUT TOTAL APPROPRIATIONS/TRANSFERS OUT ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 ESTIMATED FUND BALANCE 6/30/07 $6,507 $1,197 $414 Available Fund Balance 6/30/07 $6,507 $1,197 $414 CITY OF HERMOSA BEACH BUDGET SUMMARY 2006-07 BUDGET MYRTLE LOMA BAYVIEW OTHER POST AVENUE DRIVE DRIVE EMPLOYMENT ASSESSMENT ASSESSMENT RESERVE BENEFITS FUND FUND FUND FUND 617 618 619 625 ESTIMATED REVENUE Taxes Licenses/Permits Fines/Forfeitures Use of Money/Property I ntergovemmental/State Intergovernmental/County Intergovernmental/Federal Current Service Charges Other Revenue $0 $0 $0 $1,418 $0 $0 $0 $0 $0 $0 $0 $0 $5,257 $0 $0 $0 $0 00 a $0 $0 $0 $501 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL ESTIMATED REVENUE $1,418 $5,257 $501 $0 INTERFUND TRANSFERS IN $0 $0 $0 $0 ESTIMATED FUNDS AVAILABLE $1,418 $5,257 $501 $0 ESTIMATED FUND BALANCE 7/1106 $19,332 $91,821 $629 $777,883 TOTAL FUNDS AVAILABLE $20,750 $97,078 $1,130 $777,883 APPROPRIATIONS Operating Budget $0 $0 $0 $0 Capital Outlay $0 $0 $0 $0 Capital Improvements $0 $0 $0 $0 TOTAL APPROPRIATIONS $0 $0 $0 $0 INTERFUND TRANSFERS OUT $0 $0 $0 $0 TOTAL APPROPRIATIONS/TRANSFERS OUT $0 $0 $0 $0 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS' ESTIMATED FUND BALANCE 6/30/07 $20,750 $97,078 $1,130 $1,414,159 (f) (f) Includes contributions from all other funds for Retiree medical (shown as expenditure in other funds) Storage Lot Loan (reduced by lease revenue) Available Fund Balance 6/30/07 $20,750 $97,078 $1,130 $1,414,159 CITY OF HERMOSA BEACH BUDGET SUMMARY 2006-07 BUDGET EQUIPMENT INSURANCE REPLACEMENT TOTAL FUND FUND (MEMORANDUM 705 715 ONLY) ESTIMATED REVENUE Taxes Licenses/Permits Fines/Forfeitures Use of Money/Property Intergovemmental/State I ntergove rnme ntaUCo u my I ntergovemmentaUFederal Current Service Charges Other Revenue $0 $0 $0 $0 $0 $0 $0 $1,698,417 $0 $0 $0 $0 $0 $0 $0 $0 $1,260,857 $23,000 $18,976,196 $768,405 $1,616,914 $1,662,127 $586,817 5247,592 $996,324 $7,811,568 $316,031 TOTAL ESTIMATED REVENUE $1,698,417 $1,283,857 $32,981,974 INTERFUND TRANSFERS IN $0 $0 $1,594,652 ESTIMATED FUNDS AVAILABLE 51,698,417 $1,283,857 $34,576,626 ESTIMATED FUND BALANCE 7/1106 $2,208,213 $4,601,203 $26,340,406 TOTAL FUNDS AVAILABLE $3,906,630 $5,885,060 $60,917,035 APPROPRIATIONS Operating Budget Capital Outlay Capital Improvements TOTAL APPROPRIATIONS INTERFUND TRANSFERS OUT TOTAL APPROPRIATIONS/TRANSFERS OUT ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS' $2,140,880 51,215,152 531,028,206 $0 $357,633 $522,533 $0 $660,000 $5,903,356 $2,140,880 $2,232,785 $37,454,095 $0 $2,140,880 $0 $2,232,785 $1,017,633 $1,594,652 $39,048,747 $1,017,633 ESTIMATED FUND BALANCE 6130/07 $1,765,750 (g) $4,669,908 $23,522,197 Storage Lot Loan (reduced by lease revenue) ($739,345) (g) Investment In Fixed Assets $2,999,501 ($739,347) Available Fund Balance 6/30/07 $1,026,405 $931,060 $9,668,634 Honorable Mayor and Members of the Hermosa Beach City Council June 5, 2006 City Council Meeting of June 13, 2006 ADOPTION OF THE 2006-2007 APPROPRIATION LIMIT Recommendation: It is recommended that the City Council adopt Resolution 06- setting the 2006 - 2007 appropriations limit. Background: In November of 1979, Article XIII B of the California State Constitution was added by the voters through Proposition 4. This Article established limits, using a formula, on state and local governments for appropriation of revenue from tax proceeds. On June 5, 1990, Proposition 111, modified the method of calculating the limit, beginning with fiscal year 1990-91, to allow the City to choose the most beneficial of two adjustment factors for inflation and population as follows: Inflation California Per Capita Personal Income change or Increase in Non -Residential Assessed Valuation Due to New Construction. Population City Population Growth or County Population Growth. Proposition 111 also implemented a requirement that our Appropriation Limit be reviewed annually by our independent auditor. Analysis: The 2006-2007 limit was calculated, per the League of California Cities Uniform Guidelines, by applying the population and inflation factors to the prior year limit. The County of Los Angeles Population Change of .78% was used as the population growth factor since it is greater than the population decrease of .29% for the City. The increase of 3.96% for California Per Capita Personal Income change was used as the inflation factor since the other growth factor for inflation, the Increase in Non -Residential Assessed Valuation Due to New Construction is 1.00%. The factor with the largest change is always chosen to give the City maximum discretion with regard to appropriations. The law requires adoption of the 2006-2007 limit by resolution and a recorded vote of the Council to select annual adjustment factors. The choice is set forth in the attached resolution. 5a(2) F:16951FINANCE11Gann Initiativelgann limit 2006-07.DOC 1 • The limit calculation will be reviewed by our auditors during the annual financial audit. Respectfully submitted, Viki Copeland, Finance Director Concur: Step urrel , City anager 2 F:16951FINANCE11Gann Initiativelgann limit 2006-07.DOC RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2006-2007 WHEREAS, the voters of California, on November 6, 1979, added Article XIII B to the State Constitution, placing various limitations on appropriations of state and local governments; and WHEREAS, Article XIII 6 provides that the appropriations limit for the fiscal year 2006-2007 is calculated by adjusting the base year appropriations of fiscal year 1978- 79 and subsequent years for changes in the cost of living and population; and WHEREAS, Proposition 111 (Section 1.5 of Article XIII B), enacted by the voters on June 5, 1990, modified the method of calculating the limit, beginning with fiscal year 1990-91; and WHEREAS, the City of Hermosa Beach has complied with all of the provisions of Article XIII B in determining the appropriations limit for fiscal year 2006-2007; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES RESOLVE AS FOLLOWS; SECTION 1. That the City of Hermosa Beach chooses to use the California Per Capita Personal Income change as the inflation adjustment factor for fiscal year 2006-2007. SECTION 2. The City of Hermosa Beach chooses to use the Change in Population for the County of Los Angeles as the growth adjustment factor for fiscal year 2006-2007. F:16951FINANCE11Gann Initiativelgann limit 2006-07.DOC • SECTION 3. The City of Hermosa Beach uses the Uniform Guidelines published by the League of California Cities in March 1991 to determine the limit and appropriations subject to the limit. SECTION 4. Documentation for calculation of the limit is on file in the Finance Department and will be reviewed by the City's auditors during the annual financial audit, as required by Proposition 111. SECTION 5. The appropriations limit for the City of Hermosa Beach for fiscal year 2006-2007 is $23,636,207. PASSED, APPROVED and ADOPTED this 13th day of June 2006. PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach, California ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY 4 F:1B951FINANCE11Gann Initiative\gann limit 2006-07.DOC Original Message From: Susan Bloomfield [mailto:fabrics@damarla.com] Sent: Monday, June 12, 2006.6:20 AM To: michael@manhattanbread.com; samedgerton@aol.com; peter@electpetertucker.com; jbrhbcc@aol.com; Steve Burrell Subject: Lance Widman/Reject renewal June 12, 2006 Dear Hermosa Beach Council members: I understand that School Board member Lance Widman's mediation contract with the city is up for renewal. I hope that, after his unprofessional behavior during the recent election campaign and the embarrassment he has caused the school board and city, you will reject renewing his contract. How can he perform as a mediator when he clearly is unable to maintain objectivity? Thank you for reading this Susan Bloomfield SUPPLEMENTAL INFORMATION 1 From: Dantzer/Unangst Family [mailto:dan.una@gte.net] Sent: Sunday, June 11, 2006 2:03 PM To: jbrhbcc@aol.com; peter@electpetertucker.com; samedgerton@aol.com; Michael Keegan Cc: Steve Burrell Subject: Lance Widman Contract Renewal Dear Councilmen, I understand that the renewal of Lance Widman's contract to provide mediation services to the City of Hermosa Beach is on your June 13 meeting agenda. I would like you to reconsider approving this contract, especially after his behavior against the voters opposed to Proposition A. Both his behavior and public statements regarding same, raise questions about him acting as a "neutral" mediator. Since there are a number of companies providing mediation services, this is the time for the city to look at other companies/individuals to provide this service to the city. Respectfully, M. Kathleen Dantzer 45 18th Street Hermosa Beach, CA SUPPLEMENTAL 5a(1) INFORMATION From: Stacy Moulton[mailto:stacymoultonl@adelphia.net] Sent: Saturday, June 10, 2006 12:49 PM To: City Clerk; jbrhbcc@aol.com; michaelkeegan@manhattanbread.com; samedgerton@aol.com; peter@electpetertucker.com; Steve Burrell Subject: Mediation Contract Dear Hermosa Beach City Council, I am writing to request that you give serious consideration to Lance Widman's mediation contract. During the past few years I have been appalled at his arrogance and utter rudeness toward those he disagreed with regarding building a gym at Hermosa Valley School. He has been disrespectful, unwavering and self- serving in his quest to build a gym even though there have been numerous pleas to build the necessary classrooms before building the gym. These are not the characteristics of a mediator! I respectfully ask that you do not renew Mr. Widman's contract. Sincerely, Stacy Moulton 571 20th Street Hermosa Beach, CA 90254 CHARACTERISTICS OF A MEDIATOR Effective Listener: a mediator that continually talks or questions will not have an opportunity to learn the dynamics of the dispute as perceived by the parties. Empathetic: a mediator should strive to appreciate the thoughts, fears, history and perceptions of each Party Flexible: The mediator should model for the parties' flexibility in order to enhance their negotiations. Honest: A mediator is entrusted with confidential information and must prove to be trustworthy. Imaginative/Resourceful: A mediator brings a fresh approach or a new perspective on an old problem. Impartial: A mediator must assist each party equally and remain free from favoritism or bias in word, action or appearance. Intelligent: While a mediator need not be educated in every topic discussed, a mediator must be quick on his/her feet in order to instill confidence in the process. Non -defensive: A mediator should not become personally upset by comments with which they do not agree. Non -judgmental: A mediator helps parties reach an agreement which are acceptable to them, even if the mediator disagrees with. the wisdom or fairness of their resolution. Objective: A mediator assists the parties and does not add fuel to the fire of an existing dispute. Optimistic: A mediator often is able to help the parties find a win-win resolution to their dispute. Staying optimistic and focusing on the future will help the parties do the same. Patient and Persevering: A mediator must be willing to listen to and assist the parties at their own pace. Respected: Your character must be an example to others in order to represent the court mediation program and instill confidence in the mediation process. Respectful: You should treat each party with respect and dignity. Sense of Humor: A mediator must be willing and able to laugh at him/herself or with the group. Keep in mind that humor must never be at the expense of one of the parties. SUPPLEMENTAL INFORMATION 5a(i 416, Original Message From: Dennis Jarvis [mailto:dbjprod@gte.net] Sent: Saturday, June 10, 2006 6:37 AM To: michael@manhattanbread.com; samedgerton@aol.com; peter@electpetertucker.com; jbrhbcc@aol.com; Steve Burrell Subject: Lance Widman Good Day Council members, I am a local business owner in the city of Hermosa Beach. I am also the father of three unbelievable children who someday will be going to both of the Valley Schools, (1 currently is.) I am contacting you to ask you to really look hard at Lance Wildman's mediation contract, although I am sure he has done some of the "mediation" job descriptions correctly, I feel that after seeing his face in the paper stealing Prop A signs and boasting about it, he has damaged any credibility,he may have had to being an unbiased mediator. This just proved his character, and he is self serving. He is not trying to serve the people of this community, he is only looking out for HIS agenda and that is in complete misdirection of what a mediator should be. As a tax paying citizen, in the top 5 of the City, I ask that you decline the renewal of Mr. Widman's contract. Warmly Dennis Jarvis SUPPLEMENTAL INFORMATION. 5a( 1 Original Message From: Jacki Friedman [mailto:JFRIEDMAN@tbrnews.com] Sent: Friday, June 09, 2006 3:51 PM To: michael@manhattanbread.com; samedgerton@aol.com; peter@electpetertucker.com; jbrhbcc@aol.com; Steve Burrell Subject: Lance Widman's contract renewal June 9, 2006 Dear Hermosa Beach Council members: I have heard the School Board member Lance Widman's mediation contract with the city is about to be renewed. I cannot believe that after the embarrassing situation he put himself and the entire school board in, you would even consider renewing his contract. His insulting, egotistic, self-serving and demeaning attitude towards so many people is reason enough not to renew it. He has insulted me thru his replies to letters I have written to the papers, has called me a liar and insulted my intelligence. How he can call himself a mediator is beyond me, and a teacher as well!! No way. How he bragged publicly about taking down the signs made him look like the so stupid. If it takes a Village to raise a child, he'd be our personal Village Idiot. I cannot imagine that you would allow yourselves to be associated with a character like that. He is the laugh of the town -actually of several towns. I have gotten so many calls from people in Manhattan and Redondo as well as from Hermosa people. Thank you for reading this Jacki Friedman PS: this is a personal letter and has nothing to do with. the Beach Reporter where I work - SUPPLEMENTAL 5a(1 INFORMATION • From: EAdler1220@aol.com [mailto:EAdler1220@aol.com] Sent: Saturday, June 10, 2006 11:53 PM To: michael@manhattanbread.com; Samedgerton@aol.com; peter@electpetertucker.com; JBRHBCC@aol.com; Steve Burrell Subject: Lance Widman's Mediation Contract Dear City Council: We understand that the city is about to renew Lance Widman's mediation contract. In light of his recent character self -revelations in the press, related to an admitted pattern of petty theft he engaged in over the past thirty years, the polarizing effect he has had on our community, and the clearly demonstrated inability to exercise any self-control in the recent election, we respectfully request that the city terminate his contract and get somebody else more qualified to represent the city. Sincerely, Ervin and Gabi Adler Hermosa Beach SUPPLEMENTAL 5a(1) INFORMATION From: Jim Prassas [mailto:jwprassas@yahoo.com] Sent: Tuesday, June 13, 2006 6:22 AM To: City Clerk; jbrhbcc@aol.com; michaelkeegan@manhattanbread.com; samedgerton@aol.com; peter@electpetertucker.com; Steve Burrell Subject: Request for open bid - City meditation contract Dear Hermosa Beach City Council members, We strongly request that the City Council not move to automatically renew the mediatiop contract between the City of Hermosa Beach and Lance Widman. Rather, we strongly urge that the Council solicit additional candidates through an open bidding process and select a more qualified individual or firm for this role. During the past six months, Mr. Widman has shown himself to be disrespectful, biased, and slanderous toward other Hermosa Beach citizens, has publicly boasted of repeated election law breaking, and in general has become an embarrassment to this City. This is an individual who apparently cannot tolerate opposing viewpoints or respect democratic principles. With his bullying actions and shrill words, this individual has proven to be a poor representative of our City and not the sort of fair, balanced, and prudent personality we should be employing as a mediator of personal and commercial disputes. Please open the bidding process and strive to up -grade this mediator position, which both serves and represents the City, with a more professional and fair-minded individual or firm. There surely must be available a number of retired judges or lawyers with wide experience, superior legal training, and a more balanced temperament, who would be interested in handling this role for our beautiful city. Hermosa Beach can do much better. Thank you for your attention to this issue. Sincerely, Jim & Miyo Prassas 1753 Valley Park Avenue Hermosa Beach, CA SUPPLEMENTAL -1 ) INFORMATION � (._0.x.v14 Z A 4/.-6A6 ottyl-Lit4." C-0-144th4,0_, a_t-44-tft /1-11-e-e,,t44-;p. 474_ vs elm am,0Ir D&44%- 3/0-1A ctwi /761 v owl /V-eilfkm424-A-- (3--e-4LaL , f-3/0-319- 5932, RECEIVED JUN 1 2 2006 Per • 944412.- f 2- 0 • 1/1414-1.41.- SUPPLEMENTAL a(1) INFORMATION NZe-16,---L-156&--..6//i/D Subj: RE: Lance Widman Date: 6/12/2006 10:31:43 PM Pacific Standard Time From: LWidman@elcamino.edu To: CEOinCA@aol.com Page 1 of 1 The endorsements just keep pouring in. I spoke to Schmeltzer who said he would talk with JR. I also talked with JR tonight He was convinced that you, Tucker and Keegan were going to vote to go out to bid anyway. I advised him that he may be miscounting noses on this issue and he was surprised. I suggested that the item might be carried over until Kit is sworn in. My instincts tell me that the easy way out for him is to go to bid and avoid the hassle as the new kid on the block. While I am certainly willing to enter into such a competition, I just hate to see the reputation of a well-established program serving our community taking such cheap shots by my political opponents. I will withstand this commentary as I have before, but I am concerned about the Center and its services to our community. Oh well.... Thanks for your support and guidance. Lance From: CEOinCA@aol.com [mailto:CEOinCA@aol.com] Sent: Monday, June 12, 2006 10:08 PM To: Samedgerton@aol.com Subject: Lance Widman Hermosa Beach City Council Members, I understand there is a contract coming up for renewal for Dispute Resolution Services between the City of Hermosa Beach and Lance Widman. After reading all the recent publicity about his behavior and activities surrounding the stealing of "No on Proposition A" signs, his blatant admission of this theft, his lack of respect for a fair election process, and his name calling of those that oppose his side, I cannot even imagine how this type of person could even be considered for a job having to do with mediation and arbitration of opposing views. The city would be negligent in hiring Lance Widman who has a published record of repetitive behavior of this type. He obviously feels he can get away with his childish antics and not be held accountable for his actions, otherwise he would not be waving to the camera and bragging to the press. This is truly embarrassing and unprofessional behavior that the city of Hermosa Beach should not tolerate or in any way support. I'm confident that the contract for Dispute Resolution Services can be awarded to a reputable and professional company that does not carry with it the baggage and liability for the city that Lance Widman offers. Cathy Osborn Hermosa Beach Tuesday, June 13, 2006 America Online: CEOinCA • Subj: RE: Lance Widman Date: 6/12/2006 10:38:34 PM Pacific Standard Time From: LWidman@elcamino.edu To: CEOinCA@aol.com Page 1 of 1 Sam— Another thought Rarely have I seen such an outpouring of commentary about a relatively obscure item (renewal of a City contract). Doesn't this strike you as unusual? It seems to be well orchestrated by someone on the inside who may just happen to have a significant data base of Hermosa folk, like someone who just got a not -qualified candidate elected judge? Or am I just being paranoid? Lance From: CEOinCA@aol.com [mailto:CEOinCA@aol.com] Sent: Monday, June 12, 2006 10:08 PM To: Samedgerton@aol.com Subject: Lance Widman Hermosa Beach City Council Members, I understand there is a contract coming up for renewal for Dispute Resolution Services between the City of Hermosa Beach and Lance Widman. After reading all the recent publicity about his behavior and activities surrounding the stealing of "No on Proposition A" signs, his blatant admission of this theft, his lack of respect for a fair election process, and his name calling of those that oppose his side, I cannot even imagine how this type of person could even be considered for a job having to do with mediation and arbitration of opposing views. The city would be negligent in hiring Lance Widman who has a published record of repetitive behavior of this type. He obviously feels he can get away with his childish antics and not be held accountable for his actions, otherwise he would not be waving to the camera and bragging to the press. This is truly embarrassing and unprofessional behavior that the city of Hermosa Beach should not tolerate or in any way support. I'm confident that the contract for Dispute Resolution Services can be awarded to a reputable and professional company that does not carry with it the baggage and liability for the city that Lance Widman offers. Cathy Osborn Hermosa Beach Tuesday, June 13, 2006 America Online: CEOinCA froAt3040 Honorable Mayor and Members of The Hermosa Beach City Council PUBLIC HEARING - HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2006-2007 Recommendation: It is recommended that the City Council: i/o� -6S'7y June 5, 2006 ,6,//8�L Regular Meeting of June 13, 2006 1. Conduct a Public Hearing in connection with the levy of assessments for FY 2006-2007; and 2. Adopt the attached Resolution confirming the diagram and assessment for Hermosa Beach Landscaping & Street Lighting District 2006-2007 ("District") and levying an assessment for the fiscal year commencing July 1, 2006 and ending June 30, 2007. Background: As required by law, the following steps have been taken for the levy and collection of assessments for fiscal year 2006- 2007 within the District: 1. April 25, 2006: The City Council adopted Resolution No. 06-6457 ordering the preparation of a report for the District. 2. May 3, 2006: The Director of Public Works filed with the City Clerk the report consisting of, among other things; the assessment diagram and assessment roll for the District. 3. May 9, 2006: The City Council adopted Resolution No. 06-6444 approving the report of the Director of Public Works. 4. May 9, 2006: The City Council adopted Resolution No. 06-6465 setting June 13, 2006 at 7:30 p.m. as the date and time for a public hearing in order to accept public input on the District. 5. June 1, 2006: Notice of the Public Hearing was given by publishing a public notice in the Easy Reader. Analysis: The District assessment funds the cost of maintaining and operating street lights, traffic signals and landscaping located within parkways or medians. The proposed assessment rate for FY 2006-2007 is $41.45 per equivalent dwelling unit, the same equivalent dwelling unit rate used in fiscal year 2005-2006 to finance those improvements. The assessment is based on the actual number of dwelling units that are on a property (or their equivalent for vacant and commercial properties). Prior to 1995, the assessment amount was $16.84 per dwelling unit. In FY 1995-96, 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 1997-98. This surplus of District funds was enough to cover the increasing costs of services through FY 2003-04. The FY 2004- 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 2005-06. A District Fund balance of $117 is projected for FY 2005-06. This balance will be used for FY 2006-07. Staff projects a budget deficit of $166,801 for FY 2006-07. The FY 2006-07 budget deficit could be funded through a Supplemental Street Lighting and Landscaping District if approved by ballot process. Ballots are scheduled to be mailed on June 9, 2006 and will be counted after the public hearing during the Council meeting on July 25, 2006. 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 5b Maintenance Assessment DistrictTor FY 2006-07. Staff anticipates that the balloting process could be completed by August 2006. Successful formation the Supplemental Assessment District will eliminate the deficit. Attachment: Draft Resolution Respectfully submitted, l/,..,.. /S'e HomayouBehboodi Associate Engineer Noted for Fiscal Impact: Viki Copeland Finance Director Concur: Richar5./Morgan, -.E. Director of Public Works/City Engineer Concur: Stephej- ?' •II City M ager F:1B951PWFILES\CCITEMSIpublic hearing Idscp st light 06-07 6-13-06.doc 3 4 5 8 9 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 CONFIRMING A DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR THE FISCAL YEAR COMMENCING JULY 1, 2006 AND ENDING JUNE 30, 2007 IN CONNECTION WITH THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2006-2007. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of the "Landscaping and Lighting Act of 1972," Part 2 of Division 15 of the Streets and Highways Code, commencing with Section 22500, (the "Act"), the City Council adopted Resolution No. 06-6457 initiating proceedings and ordering the Director of Public Works to prepare and file the report required by the Act. Said report is for the proposed levy of an annual assessment for the fiscal year commencing July 1, 2006 and ending June 30, 2007. Pursuant to Resolution No. 06-6457, such report was prepared and filed with the City Clerk. SECTION 2. The City Council adopted Resolution No. 06-6464, approving the report as filed, and Resolution No. 06-6465, declaring its intention to order certain improvements for the fiscal year commencing July 1, 2006 and ending June 30, 2007 and appointing a time and place for hearing protests relative thereto. SECTION 3. Following notice duly given in accordance with Iaw, the City Council held a full and fair public hearing at the time and place appointed therefor regarding the proposed levy of assessments within the District and the report of the Director of Public Works, including the diagram and assessment for the District. At the public hearing, all interested persons were afforded the opportunity to hear and be heard regarding protests and objections to 1 4 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • the levy and collection of the proposed assessments against lots or parcels of real property within the District. SECTION 4. The City Council considered all oral and written statements, protests and communications made or filed by any interested persons. Any and all oral and written protests and objections are hereby overruled by the City Council. SECTION 5. Based upon its review of the Engineer's Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, and other reports and information presented to the City Council, the City Council hereby fords and determines that (i) the land within the District will be benefited by the improvements described in Section 6 below, (ii) the District includes all of the land so benefited, and (iii) the net amount to be assessed upon the land within the District for the 2006-2007 fiscal year in accordance with the Engineer's Report is apportioned by a method and formula 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. SECTION 6. The City Council hereby orders the proposed improvements to be made as described in the Engineer's Report, which improvements are briefly described as follows: the maintenance and operation of streets and sidewalks within the assessment District, including the operation, maintenance and servicing of landscaping, lighting and appurtenant facilities located in and along such streets and sidewalks. SECTION 7. The City Council declares that the diagram and assessment in the Engineer's Report are hereby confirmed as filed. The adoption of this Resolution constitutes the levy of an assessment for the fiscal year commencing July 1, 2006 and ending June 30, 2007. SECTION 8. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment 2 3 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 i • pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in Section 6 above for fiscal year 2006-2007. SECTION 9. The City Clerk is hereby authorized and directed to file a certified copy of this Resolution and the diagram and assessment with the County Auditor of the County of Los Angeles. Thereupon, the County Auditor shall provide for the collection of assessments at the time and in the manner provided in the Act. SECTION 10. 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 13th day of June 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:\B951PWFILES\RESOS\diagram & levy land st light 06-07 6-6-06.doc -3- To: From: Subject: • •A°"" CITY of HERMOSA BEACH MEMORANDUM Honorable Mayor and Members of the City Council via the City Manager's Office Office of the Chief of b///0 and Office of the Fire C� Brief Overview of July 4th Operational Plans for City Police and Fire Departments Date: June 13, 2006 POLICE: As in the past our police department's sworn personnel, all of them, will be mobilized for tactical deployment on the Fourth. Additionally to augment our personnel, we have contracted with the Los Angles County Sheriff's Department for two (2) uniformed Sergeants and Ten (10) uniformed Deputies. Day watch (0600-1800) deployment will consist of one (1) Sergeant serving as Watch Commander/Field Supervisor and four (4) Officers. Night watch (1800-0600) deployment will consist of one (I) Sergeant serving as Watch Commander/Field Supervisor, three (3) Officers and one (1) Sergeant serving as Station/Jail Commander. Downtown Foot Patrol (1400-0300) deployment will consist of one (1) HBPD Sergeant, three (3) HBPD Officers and four (4) LASD Deputies. North Strand Patrol (1400-0300) deployment will consist of one (1) HBPD Sergeant, 3 HBPD Officers along with one (1) LASD Sergeant and three (3) LASD Deputies. 6a • • South Strand Patrol (1400-0300) deployment will consist of one (1) HBPD Sergeant, three (3) HBPD Officers along with one (1) LASD Sergeant and three (3) LASD Deputies. Party Response and Back-up Unit (1400-0300) deployment will consist of one (1) HBPD Sergeant and three (3) HBPD Officers. The City's jail will be staffed with a PSO supervisor and at least two (2) PSO jailers (1400-0300). All sworn personnel will be proactive regarding alcohol violation enforcement, COMENCING EARLY IN THE DAY. FIRE: Our Fire Department will once again participate with the South Bay Fireworks Task Force beginning on Saturday, July 1st through Thursday, July 6t. Task Force teams will consist of two (2) fire fighter/arson investigators and two (2) police arson investigators from each of the South Bay agencies participating in the Task Force. Teams will assemble each evening at 1700 and patrol throughout the South Bay until approximately 2400. During this period our station will be staffed with two (2) engine companies and will staff one (1) additional Basic Life Support ambulance on the Fourth. • Wednesday May 31, 2006 Honorable Mayor and Members of The Hermosa Beach City Council 4 1 b //410 Regular meeting of June 13, 2006 REQUEST TO RENEW EXCLUSIVE TAXICAB FRANCHISE AGREEMENTS RECOMMENDATION Staff recommends that Council: 1. Authorize the City Manager to renew a taxicab franchise agreement with All Yellow Taxi and Administrative Services Cooperative of Gardena, California and Bell Cab Company of Hawthorne, and United Independent Taxi of Los Angeles. 2. Authorize additional permits above and beyond the ceiling amount of 140 per year (35 per company) to be granted to the various taxi companies. BACKGROUND At its regular meeting of March 11, 2003 the City Council approved the awarding of franchises to four (4) taxicab companies that had competed in the RFP process held earlier that year. The price of a permit for a cab to operate in the city of Hermosa Beach was set at $1100.00 per cab per year. The Council instructed the City Attorney to draft a franchise agreement. A taxicab franchise agreement was completed and is attached. The agreement between the City of Hermosa Beach and the taxicab companies has been in effect since June of 2003. ANALYSIS Each of the companies appears to be successful, experienced businesses operating taxis throughout the greater Los Angeles area. Each company's facility appears to be large enough, properly maintained and staffed to support its operations. Each facility has its own dispatch center to service customers. Each company charges the same rates to its customers and each company is using state- of- the art technology for dispatching calls. Staff feels that each company has the experience and capability to provide taxi services to the City of Hermosa Beach in accordance with the City's requirements FISCAL IMPACT • The issuance of 140 permits at $1100.00 each will bring in a minimum of $154,000.00 annually. If the additional permits are offered, extra revenues of up to $66,000 (200 permits) could be realized. Respectfully submitted: Concur: David arr, Interim Chief of Police Fiscal Impact: 6b urr 11 Viki Copeland Finance Director City Manager TAXICAB FRANCHISE AGREEMENT THIS TAXICAB FRANCHISE AGREEMENT ("Agreement") is entered into as of the 281 day of May 28, 2003, by and between the CITY OF HERMOSA BEACH, a California municipal corporation, organized and existing under the laws of the State of California ("City') and UNITED INDEPENDENT TAXI DRIVERS INC. at 900 N. ALVARADO STREET, LOS ANGELES, CALIFORNIA 90026 ("Franchisee"). RECITALS This Agreement is entered into on the basis of the following facts, understandings, and intentions of the parties: A. Chapter 5.72 of Title 5 of.the Hermosa Beach Municipal Code authorizes the City, in the exercise of its constitutional police powers, to award one or more nonexclusive franchises for the operation of taxicab services for service initiating within the City, and to limit such taxicab service to only those operators to whom a franchise is awarded. B. The City has determined that considerations of public safety and consumer protection require a degree of regulation of taxicab service attainable only through the issuance of nonexclusive franchises. C. - Franchisee is a taxicab operator qualified to operate a taxicab service in* the City under and pursuant to a nonexclusive franchise. D. Franchisee has applied for, and on the basis of its qualifications and the representations contained in its proposal, been awarded the opportunity to enter into a nonexclusive franchise agreement for the operation of taxicabs in the City. E. Franchisee proposes to operate a taxicab service in the City in full compliance with the requirements of this Agreement and the provisions of Chapter 5.72 of Title 5 of the Hermosa Beach Municipal Code and all other applicable ordinances and laws. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties agree to as follows: 1. Grant of Franchise. City hereby grants to Franchisee a non-exclusive franchise to operate thirty-five (35) taxicabs for the provision of taxicab service originating within the territorial boundaries of City. 2. Term of Franchise. The franchise granted by this Agreement shall commence June 1, 2003, for a term of three (3) years,. and expire on May 31, 2006, unless sooner terminated as provided hereinbelow. 3. Consideration. In consideration of the rights granted hereunder, Franchisee shall pay to City an annual franchise fee of $1,100 per franchised taxicab, payable upon Franchisee's submittal of an executed copy of this Agreement to City, and annually thereafter for each year this Agreement is in effect on the anniversary date of this Agreement. Failure of Franchisee timely to pay the annual franchise fee shall be a material breach of this Agreement. All late payments are subject to a ten percent penalty during the first ten days of the applicable contfact period, increased to fifteen percent during days eleven through twenty, and twenty percent for days twenty --one and beyond. Non-payment of franchise fees is grounds for immediate termination of the Agreement. Proceeds for any Franchisee operations performed during non-payment periods will be deducted from the Franchisee's security deposit. 4. Scope of Franchised Services. Franchisee shall have the right, utilizing its own employees and contractors, to provide taxicab services to customers originating service within the territorial boundaries of the City. Franchisee shall be permitted to utilize employees, licensed subcarriers; or a combination thereof to achieve its frill complement of vehicles and drivers. The City reserves the right to approve in advance the form and content of any agreement to be used between Franchisee and its licensed drivers. Taxicab services shall be provided in full compliance with the requirements of this Agreement and Chapter 5.72 of Title 5 of the Hermosa Beach Municipal Code. Franchisee and its drivers, coordinators, and other personnel shall, in the performance of all duties pursuant to this Agreement, conduct themselves with the highest degree of 2 • courtesy and service. The Franchisee shall be directly and solely responsible for the conduct of its drivers, coordinators, or other personnel utilized under this Agreement. Franchisee agrees to abide by any and all: (1) applicable rules, regulations, orders, and restrictions now in force or which may be hereafter adopted by City with respect to its operations, including but not limited to any "starter program" established by City in the downtown area of Hermosa Beach; (2) orders, directives, or conditions issued, given, or imposed by the City with respect to the use of roadways, driveways, curbs, sidewalks, and parking areas in and about the City; (3) applicable laws, ordinances, statutes, rules, regulations, or orders of any governmental authority lawfully exercising jurisdiction - - within the City. Franchisee agrees to operate its vehicles in City only when a current and valid decal or sticker has been permanently affixed to the vehicle in the appropriate location. Failure to have a current and valid decal or sticker affixed on a vehicle while operating in City shall mean that Franchisee does not have City approval to operate said vehicle in City, which shall constitute a material breach of this Agreement. City reserves the right to determine the frequency of and occasions when new or replacement decals or stickers may be issued. 5. Rates. Franchisee's taxicabs shall charge those rates for taxicab service approved by the City Council. Franchisee shall provide a ten percent (10%) discount on all rides to senior citizens (age 55 and older). 6. Operational Requirements. Meters. Each and every taxicab operated under the franchise shall be equipped with a working meter to calculate the fares. All trips under this ' franchise agreement shall be metered, except for approved flat fee trips. In order to provide flat fee trips, Franchisee must submit for City approval a list of destinations available for flat fee trips and the total cost of each trip. All flat fee trips must originate in Hermosa Beach. City reserves the right to audit meters and vehicles for accurate measurement and metering of fares. All meters shall be in compliance with Los Angeles County Department of Weights and Measures specifications and standards for taxi/vehicle for hire meters. Routing. Franchisee shall, at all times, utilize the most cost effective routing of trips when transporting passengers pursuant to the franchise authority provided under this Agreement, unless otherwise instructed by the passengers. } • • C Nonsmoking vehicles/drivers. Franchisee shall provide, upon request, non-smoking vehicles for patrons. The Franchisee shall advise those requesting such vehicles of the time delay, if any, associated with specifying a non-smoking vehicle. Drivers shall refrain from smoking while in the presence of customers. D. .Radios. Each vehicle shall be equipped with a functional two-way radio and/or a mobile display terminal capable of being used to communicate with its central dispatching office at all times while operating in the City. E. English speaking drivers. Personnel hired or contracted by the Franchisee who have dealings directly with the public they are serving, such as drivers and dispatchers, shall be proficient in the English language and be able to communicate effectively with.the public. The City may require Franchisees to provide independent third party verification of the driver's ability. F Response to complaints. Franchisee shall be required to log and resolve all written and oral complaints received from the public or City within 10 business days. Franchisee shall respond in writing to complaints received and shall report to City the results of any investigation or actions taken. G. Drug/Alcohol testing. Franchisee shall have a drug -testing program in place for all personnel (employee and contract). Franchisee shall return to the City the driver permit for any driver who fails a random drug/alcohol test. 'Drivers who fail a random test shall not be eligible to have their permit reinstated until authorized by a City of Hermosa Beach representative. Test results for any driver who fails a random test shall immediately be forwarded to the City of Hermosa Beach. H. ADA compliance. Franchisee shall comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the performance of its taxicab services under this Agreement. Driver uniforms. Each of Franchisee's drivers shall wear a distinctive uniform that projects a professional appearance and clearly identifies the wearer as and employee of Franchisee. This uniform(s) shall be subject to approval by the City. All clothing must be neat and clean. J. Driver identification cards. Franchisee's drivers and coordinators shall wear a valid photographic identification badge issued by the City at all times while in the City. Upon termination of a driver, Franchisee shall be responsible for a timely retrieval of City badges and returning of said badges to the City. • • K Driver training. Franchisee -shall submit to the City and maintain throughout the term of this Agreement a program for training its drivers pursuant to a training manual developed by Franchisee. Franchisee shall require all of its drivers, including drivers hired after execution of this Agreement, to attend the training program: The program content shall be subject to review and approval by City and shall include, but not be limited to, the following: City Rules and Regulations, vehicle inspection, vehicle safety procedures, knowledge of traffic laws, passenger assistance and customer service, effective communication 'skills, and knowledge of Franchisee's authorized service area and passenger fares. Each driver must be full qualified to operate the vehicles specified herein and must possess a valid California Driver's Licenseofthe appropriate class. L. Fingerprinting of drivers. The Franchisee, at its expense shall make each of its drivers available for fingerprinting and a background investigation to be performed by the Hermosa Beach Police Department prior to issuance of an identification card. Drivers who currently possess a valid City of Hermosa Beach Taxicab Identification Card and who are currently employed by the company(s) awarded the franchise will be required to complete an updated application packet. However, those drivers will not be required to submit to another fingerprint check. - 7. Vehicles. A. Franchisee shall report to the City, the manufacturer, model year, vehicle type, vehicle identification number ("YIN"), license plate number, company identification number, passenger capacity, and proof of commercial registration for each of Franchisee's vehicles used in its operation in the City. At the commencement of this Agreement, all vehicles shall be no more than seven (7) model years old. Each vehicle operated under this franchise agreement shall be clean inside and out, free of exterior.body damage, mechanically safe, and in excellent working order. The City reserves the right to object to any of Franchisee's vehicles, and to require that the vehicle be cleaned, repaired, or removed from service. B Franchisee shall file with the City a description (either photographic or otherwise) adequate to identify the color scheme and markings common to Franchisee's vehicles and distinguish them visually from vehicles used by other operators. C. When a Franchisee replaces a vehicle due to damage or another reason, the replacement vehicle must be no more than seven (7) model years old. A vehicle inspection report will be required before receiving a permit to use it in the City. • • D. Franchisee shall submit a copy of its vehicle maintenance program, including its preventative maintenance program, to the City, which will be in effect throughout the term of this agreement. This program shall be in accordance withrthe vehicle manufacturer's warranty specifications and any applicable State and Federal laws. Such program shall describe the maintenance facility to be used, schedule of maintenance, and maintenance record keeping. The City shall have the right to inspect Franchisee's maintenance records and facilities during regular business hours and its vehicles or an unscheduled, unannounced basis to audit said program for compliance with this agreement. . E. Each vehicle shall be subject to inspection by the City at any time. Vehicles that fail inspection shall not be used to pick up passengers until deficiencies are corrected. .8. Insurance. Franchisee shall have and maintain in place; all of the insurance coverage as specified below. The Franchisee shall comply with all items specified by this Agreement. All insurance policies secured to satisfy the requirements imposed hereunder shall be issued by insurers authorized to do business in the State of California. Insurers shall have a current A.M. Best's Rating of not less than A -VII unless otherwise approved by City. The Insurance Endorsement Forms attached to the Request for Proposals shall be utilized to provide evidence of insurance. Franchisee shall maintain the types of insurance and limits as follows: (1) COMMERCIAL GENERAL LIABILITY INSURANCE - a policy for occurrence coverage, including all coverage provided by and to the extent afforded by Insurance Services Office Form CG0001 ed. 11/88 or 11/85, with no special limitations affecting City. The limit for all coverage under this policy shall be no less than $1,000,000 dollars per occurrence. City, its employees, officials, volunteers and agents, shall be added as additional insured by endorsement to the policy. The insurer shall agree to provide the City with (30) days prior written notice of any cancellation, non -renewal or material change in coverage. The policy shall contain no provision that would make this policy excess over, contributory with, or invalidated by the existence of any insurance, self- insurance or other risk- financing program maintained by City. In the event the policy contains such an "other insurance" clause, the policy shall be modified by endorsement to show that it is primary for any claim arising out of the work performed under this Agreement. The City of Hermosa Beach Insurance Endorsement Form No.1 (General Liability) must be executed by the applicable underwriters. (2) COMMERCIAL AUTO LIABILITY INSURANCE - a policy including all coverage provided by and to the extent afforded by Insurance Services office form CA 0001, ed. 12/93, including Symbol 1 (any auto) with no special limitations affecting the City. The limit for bodily injury and property damage shall be no less than $1,000,000 dollars per accident. City, its employees, officials, volunteers and agents, shall be added as additional insured by endorsements to the policy. The insurer shall agree to provide the City with thirty (30) days prior written notice of any cancellation, non -renewal or material change in coverage. The policy shall contain no provision that would make this 6 r • policy excess over, contributory with, or invalidated by the existence of any insurance, self-insurance or other risk -financing program maintained by City. In the event the policy contains such an "other insurance" clause, the policy shall be modified by endorsement to show that it is primary for any claim arising out of the work performed under. this Agreement. The City of Hermosa each Insurance Endorsement Form No.2 (Auto) must be executed by the applicable insurance underwriters. (3) WORKERS COMPENSATION INSURANCE - a policy which meets all statutory benefit requirements of the Labor Code, or other applicable law, of the State of California. Employers Liability Insurance with a minimum limits of no less than one million dollars -($1,000,000) per claim. The policy shall contain, or be endorsed to include, a waiver of subrogation in favor of City. Additional Requirements. The procuring of such required policies of insurance shall not be construed to limit Franchisee's liability hereunder, or to fulfill the indemnification provisions and requirements of this Agreement. There shall be no recourse against City for payment ofpremiums or other amounts with respect thereto. City shall notify Franchisee in writing of changes in the insurance requirements. If Franchisee does not deposit copies of acceptable insurance policies with City incorporating such changes within sixty (60) days of receipt of such notice, Franchisee shall be deemed in default hereunder. Any deductibles or self.insured retentions must be declared to and approved by City. Any deductible exceeding an amount acceptable to City shall be subject to the following changes: (1) Either the insurer shall eliminate, or reduce, such deductibles or self-insured retentions with respect to City and its officials, volunteers, employees and agents (with additional premium, if any, to be paid by Franchisee); or (2) Franchisee shall provide satisfactory financial guarantee for payment of losses and related investigations, claim administration, and defense expense. Verification of Compliance. Franchisee shall furnish City with original endorsements effecting coverage required by this Agreement. The endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before work commences. Not less than fifteen (15) days prior to the expiration date of any policy of insurance required by this Agreement, Franchisee shall deliver to City a binderor certificate of insurance with respect to each renewal policy, bearing a notation evidencing payment of the premium therefor, or accompanied by other proof of payment satisfactory to City. All late payments are subject to a ten percent penalty during the first ten days of the contract period, increased to fifteen percent during days eleven through twenty, and twenty percent for days twenty-one through thirty. Non-payment of franchise fees is grounds for immediate termination of the contract at any time. Proceeds for any Franchisee operations performed during non-payment periods will be deducted from the Franchisee's security deposit. 9. Record Keeping. Franchisee shall at all times during the term of this Agreement maintain and keep permanent books, ledgers, journals, and other records wherein are kept entries accurately reflecting all gross revenue derived from the business transacted in the City. In addition, Franchisee shall keep and maintain a daily record of all "trips" and the passenger counts and fares.collected from each trip with supporting verifiable documents showing the driver's name and signature, actual arrival and departure trip times, registration number of vehicle, and reservation numbers, if applicable. City may require Franchisee to use City's forms for said records. It is agreed that examination of the books, ledgers, joumals, and accounts of Franchisee will be conducted in accordance with generally accepted auditing standards applicable in the circumstances and that as such, said examinations do not require a detailed audit of all transactions. City may use testing and sampling methods in verifying reports submitted by Franchisee. Deficiencies ascertained by the use of such testing and sampling methods by applying the percentages of error obtained from such testing and sampling to the entire period of reporting under examination will be binding upon Franchisee and to that end shall be admissible in court to prove any amounts due City from Franchisee. 10. Security Deposit. Franchisee shall deposit and maintain with City a security deposit in the amount of Ten Thousand dollars ($10,000), against which City may deduct any delinquent fees, liquidated damages, or other charges incurred pursuant to any provision or by virtue of a violation of this Agreement. The security deposit shall take the form of either a cashier's check payable to -the City of Hermosa Beach, a bond guaranteeing payment, or such other form as is acceptable to Finance Director, and shall be subject to approval as to legal form by the City Attorney. 11. Advertising. Franchisee shall, at his own expense, provide advertising to the Hermosa Beach public and businesses of the availability of its services. 12. Assignment of Agreement. Franchisee shall not, in any manner, directly or indirectly, by operation of law or otherwise, assign, hypothecate, transfer, or encumber this Agreement, or the rights herein granted, or any portion thereof or any interests therein, without the prior written consent of City. Consent to one assignment shall not be deemed to be a consent to any subsequent assignment. When and if the proper consent of the City to an assignment is received, the terms and conditions of this Agreement shall be binding upon and shall insure to the benefit of the successors, heirs, and assigns of the parties hereto. 13. Representative of Franchisee. Franchisee shall at all times retain one (1) qualified representative authorized to represent and act for it in matters pertaining to its operation, and shall keep City informed in writing of the identity of each such person. 14. Customer Service Cards. The City reserves the right to place either a placard or cards within the passenger area of each cab informing customers of the City's representative who may be contacted if the patron would like to comment on the service • a provided. Additionally, the Franchisee may be required to produce, display and make available customer survey cards for patrons. • 15. Indemnification. Franchisee shall indemnify, defend, and hold harmless City, and its officers, agents and employees, from and against any and all liability, damages, expenses, causes of action, suits, claims, costs, fees, penalties, or judgments, of any nature whatsoever, including reasonable attorneys fees and costs of suit, brought by or owed to third parties, arising out of or in connection with the operations and activities of Franchisee and its drivers and other personnel in the exercise of its rights and performance of its operations under this Agreement. 16. Suspension and Termination. A. City shall have the right to terminate this Agreement without cause by giving ninety (90) days written notice to Franchisee. Upon receipt of a notice of termination, Franchisee shall: (1) promptly discontinue all services in the City; (2) promptly remove all vehicle decals; and (3) promptly return all driver identification cards issued by the City. In the event of a termination, City will refund on a pro rata basis the franchise fee paid for that year of service and will return the security deposit remaining on deposit with City. B. City shall have the right to suspend Franchisee's operations under the franchise in the event of a lapse in required insurance or any other violation of this Agreement or of the provisions of Chapter 5.72 of the Hermosa Beach Municipal Code that, in the judgment of the City Manager, create an immediate safety hazard. In the event of a suspension, all Franchisee's taxicab operations in the City shall cease until such time as the suspension is lifted. The suspension shall remain in effect for as long as the violation remains uncured. C All terms and specifications of this Agreement are material and binding, and failure to perform any portion of the work described herein shall be considered a breach of this Agreement. Failure or delay by Franchisee to perform any term or provision of this Agreement constitutes a default under this Agreement. Upon receipt of notice in writing from City, the Franchisee must immediately commence to cure, correct, or remedy such failure or delay and shall complete such cure, correction or remedy with reasonable diligence. The City may exercise any the rights and remedies for default set forth in this Section if a default continues for a period of seven (7) days after written notice to Franchisee unless, if the nature of the default is such that more than seven (7) days are reasonably required for its cure, then Franchisee shall not be deemed to be in default if it has commenced a cure within the seven (7) day period and thereafter diligently prosecutes such 9 s N cure to completion within thirty (30) days after receipt of written notice thereof. No additional time to cure shall be allowed for failure to pay any amount due to City under this Agreement, or if the nature of the default is such that the health, welfare, or safety of the public is endangered as determined by the City Manager. The notice of default shall specify the nature of the default. Delay in giving a notice of default shall not constitute a waiver of any default nor shall it change the time of default. Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, nor deprive either party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. City reserves the right to terminate this Agreement in the event that Franchisee fails to cure any default within the required time. City shall further have the right to terminate this Agreement if Franchisee violates any material provision of any applicable law or ordinance; fails to maintain the insurance required by Section 8 or fails to pay to City any monies due. City pursuant to this Agreement (and fails to remedy such default within five (5) days after written notice thereof from City); fails to maintain in force all required licenses and permits; violates any orders or filings of any regulatory body having jurisdiction over Franchisee relative to its operations under this Agreement, provided that Collector may contest any such orders or filings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred until a final decision adverse to Franchisee is entered; if Franchisee fails to make any payment required under this Agreement and/or refuse's to provide City with required information, reports, and/or records in a timely manner as provided for in this Agreement; if Franchisee practices, or attempts to practice, any fraud or deceit upon City, or if Franchisee commits more than three defaults within a twelve month period, regardless of whether they are cured. Franchisee may respond in writing to a notice of intent to terminate from the City Manager. The matter will then be referred to the City Council for consideration pursuant to this Section. The City Council will set the matter for a hearing and the City Clerk shall give Collector thirty (30) days written notice of the time and place of the hearing. At the hearing, the City Council shall consider the all relevant evidence and testimony and if the City Council determines that the Franchisee is in breach of this Agreement as above described, the Council, in the exercise of its discretion, may order Franchisee to take remedial actions to cure the breach or impose any other remedy in accordance with this Agreement, including but not limited to termination. The decision or order of the City Council shall be final and binding. 17. Independent Contractor. Franchisee is, and shall at all times remain as to City, a wholly independent contractor. Franchisee shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Franchisee or any of Franchisee's employees, except as set forth in this Agreement. Franchisee shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. Franchisee shall be solely responsible for the acts and omissions of its officers, employees, subcontractors and agents. Franchisee or its officers, employees, subcontractors and agents shall obtain any rights to retirement benefits, workers' compensation benefits, or any other benefits that accrue to City employees by virtue of their employment with City. 18. Governing Law. This law of the State of California shall govern this Agreement. In the event of litigation between the parties, venue in State trial courts shall lie exclusively in Los Angeles County. In the event of litigation in a United States District Court, exclusive venue shall lie in the Central District of California. 19. Attorney Fees. Should legal action be brought by either party to enforce any provision of this Agreement, the prevailing party in such action shall be entitled to its actual attorneys' fees, court costs, and other litigation expenses including, without limitation, expenses incurred for preparation and discovery, expert witness fees, and expenses relating to appeals, if any. The entitlement to recover such fees, costs and expenses shall accrue upon the commencement of the action regardless of whether the action is prosecuted to final judgment. 20. Binding on Successors. The provisions of this Agreement shall inure to the benefit to and be binding on the successors and pemlitted assigns of the parties. 21. Parties In Interest. Nothing in this Agreement, whether express or implied, is intended to confer any rights on any persons other than the parties to .it and their representatives, successors and permitted assigns. 22. Waiver. The waiver by either party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any y other provision nor of any subsequent breach or violation of the same or any other provision. The subsequent acceptance by either party of any monies that become due hereunder shall not be deemed to be a waiver of any preexisting or concurrent breach or violation by the other party of any provision of this Agreement. 23. Entire Agreement. This Agreement represents the full and entire Agreement between the parties regarding the matters covered herein. 11 • 24. Captions. The captions in this Agreement are for convenience of reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions. 25. References to Laws. All references in this Agreement to laws shall be understood to include such laws as they may be subsequently amended or recodified, unless otherwise specifically provided. 26. Interpretation. This Agreement shall be interpreted and construed reasonably and neither for nor against either party, regardless of the degree to which either party participated in its drafting. Each of the parties has received the advice of legal counsel prior to signing this Agreement. Each party acknowledges no other party or agent or attorney has made a promise, representation, or warranty whatsoever, express or implied, not contained herein concerning the subject matter herein to induce.another party to execute this Agreement. The parties agree no provision or provisions may be subject to any rules of construction based upon any party being considered the party "drafting" this Agreement. 27. Amendment. This Agreement may not be modified or amended in any respect except by a writing signed by the parties. 28. Discrimination. Franchisee shall not discriminate in any of its operations based upon race, color, creed, religion, sex, marital status, age, disability, national origin, ancestry or medical condition. 29. Conflict of Interest. Franchisee confirms that it has no financial, contractual, or other interest or obligation that conflicts with or is harmful to performance of its obligations under this Agreement. Franchisee shall not during the term of this Agreement knowingly obtain such an interest or incur such an obligation, nor shall it employ or subcontract with any person for performance of this Agreement who has such incompatible interest or obligation. 30. Notice. All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party's representative as provided in this Agreement. Additionally, such notices may be given to the respective . parties at the following addresses, or at such other addresses as the parties may provide .in Writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. 12 CITY OF HERMOSA BEACH 1315 Valley Drive Hermosa Beach, CA 90254 Attention: Chief of Police FRANCHISEE: United Independent Taxi Drivers Inc. 900 N. Alvardo Street Los Angeles, California 90026 Attention: PARA - ithimAD I 31. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement on behalf of the party for whom they are signing. 32. Severability. If any non -material provision of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement that shall be enforced as if such invalid or unenforceable provision had not been contained herein. 13 Executed as of the day first above stated: For Ci % of Hermosa Beach j At Stev"— well City anager A.proved as to F 'chap Jenkins City Attorney • Attest: City Clerk Name: Title: 14 DA,A 4i\,4( (t,; aen} ce o UNITED AXI OF THE SOUT -WEST, INC. DBA: CULVER CITY YELLOW CAB COMPANY UNITED TAXI SOUTH BAY UNITED TAXI BEVERLY HILLS & WESTHOLLYWOOD UNITED TAXI ANTELOPE VALLEY & SANTA CLARITA May 31, 2006 'City of Hermosa Beach Civic Center 1315 Valley Dr. Hermosa Beach, CA 90254 Dear Sir; Effective January 1, 2006 we formed a holly -owned corporation named United Taxi of the South-West Inc. This corporation is a subsidiary of United Independent Taxi Drivers; Inc. Therefore we are asking your office to combine two corporations for our franchise process in your city. Enclosed please find article of incorporation and letter of introduction from our corporate attorney Neil C. Evans We will continue to serve the community with prompt and reliable service. If you have any further questions or concerns regarding this matter please don't hesitate to contact me at (323) 462-1088 ext.3003. Sincerely, ajoeirr Ra ' iyev Corporate Secretary 900 N. Alvarado Street . Los Angeles, CA 90026 Tel: 323-462-1088 . Fax: 213-235-2905 Law Offices of NEIL C. EVANS • 13351 D Riverside Drive, Suite 612 Sherman Oaks, California 91423 (818) 802-8333 • Fax (818) 707-8983 December 27, 2005 TO: ALL MUNICIPALITIES LICENSING TAXI OPERATIONS RE: TRANSFER OF NON -LOS ANGELES FRANCHISED UNITS OF UNITED INDEPENDENT TAXI DRIVERS, INC. ("UITD") TO A WHOLLY OWNED SUBSIDIARY OF UITD, UNITED TAXI OF THE SOUTHWEST Dear Ladies and Gentlemen: Please be advised that all Non -Los Angeles Franchised taxi units which have been operating under UITD will be and/or have been transferred to a wholly owned subsidiary of UITD, called UNITED TAXI OF THE SOUTHWEST. As to these Non -Los Angeles Franchised taxi units, we must immediately take all necessary administrative steps to revise the name under which their Licenses or Permits are held in your jurisdiction, with a very definite goal of a smooth transition without any interruption or lapse in operations or service. These changes will not apply to or affect any UITD Units which are dually licensed in the City of Los Angeles and in your jurisdiction. Thank you in advance for your cooperation in this regard. Please contact the undersigned at the above address and telephone number, or, alternatively, contact the President of UITD and of UNITED TAXI OF THE SOUTHWEST, Martin Shatakhyan, who can be reached at (213) 483-7669, Extension 3010. Thank you again. NEIL C. EVANS gi-d4142 State of California Secretary of State 1, BRUCE McbHERSON, Secretary of . State of the State of. California, hereby certify: That the attached transcript of page(s). was prepared by and in this. office from the, record on file, of which it purports to be a. copy, and that it is full; true and correct. Sec/Stale Form CE.108 (REV 03/31MT IN WITNESS WHEREOF, l execute. .this certificate . and affix the Great Seal of the State`of California this day of. • AUG -22005 BRUCE McPHERSON • Secretary of State The a= �-.r? - WEST. �. __ iY L . AITICLES OF INCORPORATION OF UNITED TAXI OF THE SOUTH - WEST name cif this Corporation The purpose = lawful act be organize California trust compa profession California F a.E D, ' in the offica of e Sc.,cref.ary of Ste c: the State of Cc:ifcm' AUG 5 20G4 rl SHELLEY, Secreta is UNITED TAXI OF THE IT. of this corporation is to engage in any it activity for which a corporation may under the GENERAL CORPORATION LAW of. ther than the banking business, the business or the practice of a ermitted to be incorporated by the• •rporations Code.. The name -an address in the State of California of ' th_s•Corporation's initial agent for service of process is: NAME: ADDRESSi CITY: Neil C. Evans - 13351 Riverside Drive, Ste. Sherman Oaks, CA 91423 IV. This•carpor -tion is authorized to issue class of stork; and the total number �f which this c•rporation is authorized o is 1, 400., 004 t''`1 1z NEIL C: EVANS 7 r, CORPORATOR 612 only one shares issue • 177m4,%. - • TAXICAB FRANCHISE AGREEMENT THIS TAXICAB FRANCHISE AGREEMENT ("Agreement") is entered into as of the 28th day of May 28, 2003, by and between the CITY OF HERMOSA BEACH, a California municipal corporation, organized and existing under the laws of the State of California ("City") and BELL CAB at 13030 Cerise Avenue, Hawthorne, California 90250 ("Franchisee"). RECITALS This Agreement is entered into on the basis of the following facts, understandings, and intentions of the parties: A. Chapter 5.72 of Title 5 of the Hermosa Beach Municipal Code authorizes the City, in the exercise of its constitutional police powers, to award one or more nonexclusive franchises for the operation of taxicab services for service initiating within the City, and to limit such taxicab service to only those operators to whom a franchise is awarded. B. The City has determined that considerations of public safety and consumer protection require a degree of regulation of taxicab service attainable only through the issuance of nonexclusive franchises. C. Franchisee is a taxicab operator qualified to operate a taxicab service in the City under and pursuant to a nonexclusive franchise.. D. Franchisee has applied for, and on the basis of its qualifications and the representations contained in its proposal, been awarded the opportunity to enter into a nonexclusive franchise agreement for the operation of taxicabs in the City. E. Franchisee proposes to operate a taxicab service in the City in full compliance with the requirements of this Agreement and the provisions of Chapter 5.72 of Title 5 of the Hermosa Beach Municipal Code and all other applicable ordinances and laws. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties agree to as follows: 1. Grant of Franchise. City hereby grants to Franchisee a non-exclusive franchise to operate thirty-five (35) taxicabs for the provision of taxicab service originating within the territorial boundaries of City. 2. Term of Franchise. The franchise granted by this Agreement shall commence June 1, 2003, for a term of three (3) years, and expire on May 31, 2006, unless sooner terminated as provided hereinbelow. 3. Consideration. In consideration of the rights granted hereunder, Franchisee shall pay to City an annual franchise fee of $1,100 per franchised taxicab, payable upon Franchisee's submittal of an executed copy of this Agreement to City, and annually thereafter for each year this Agreement is in effect on the anniversary date of this • Agreement. Failure of Franchisee timely to pay the annual franchise fee shall be a material breach of this Agreement. ` All late payments are subject to a ten percent penalty during the first ten days of the applicable contract period, increased to fifteen percent during days eleven through twenty, and twenty percent for days twenty-one and beyond. Non-payment of franchise fees is grounds for immediate termination of the Agreement. Proceeds for any Franchisee operations performed during non-payment periods will be deducted from the Franchisee's security deposit. 4. Scope of Franchised Services. Franchisee shall have the right, utilizing its own employees and contractors, to provide taxicab services to customers originating service within the territorial boundaries of the City. Franchisee shall be permitted to utilize employees, licensed subcarriers, or a combination thereof to achieve its full complement of vehicles and drivers. The City reserves the right to approve in advance the form and content of any agreement to be used between Franchisee and its licensed drivers. Taxicab services shall be provided in full compliance with the requirements of this Agreement and Chapter 5.72 of Title 5 of the Hermosa Beach Municipal Code. Franchisee and its drivers, coordinators, and other personnel shall, in the performance of all duties pursuant to this Agreement, conduct themselves with the highest degree of 2 r courtesy and service. The Franchisee shall be directly and solely responsible for the conduct of its drivers, coordinators, or other personnel utilized under this Agreement. Franchisee agrees to abide by any and all: (1) applicable rules, regulations, orders, and restrictions now in force or which may be hereafter adopted by City with respect to its operations, including but not limited to any "starter program" established by City in the downtown area of Hermosa Beach; (2) orders, directives, or conditions issued, given, or imposed by the City with respect to the use of roadways, driveways, curbs, sidewalks, and parking areas in and about the City; (3) applicable laws, ordinances, statutes, rules, regulations, or orders of any governmental authority lawfully exercising jurisdiction within the City. Franchisee agrees to operate its vehicles in City only when a current and valid decal or sticker has been permanently affixed to the vehicle in the appropriate location. Failure to have a current and valid decal or sticker affixed on a vehicle while operating in City shall mean that Franchisee does not have City approval to operate said vehicle in City, which shall constitute a material breach of this Agreement. City reserves the right to determine the frequency of and occasions when new or replacement decals or stickers may be issued. 5. Rates. Franchisee's taxicabs shall charge those rates for taxicab service approved by the City Council. Franchisee shall provide a ten percent (10%) discount on all rides to senior citizens (age 55 and older). Operational Requirements. Meters. Each and every taxicab operated under the franchise shall be equipped with a working meter to calculate the fares. All trips under this - franchise agreement shall be metered, except for approved flat fee trips. In order to provide flat fee trips, Franchisee must submit for City approval a list of destinations available for flat fee trips and the total cost of each trip. All flat fee trips must originate in Hermosa Beach. City reserves the right to audit meters and vehicles for accurate measurement and metering of fares. All meters shall be in compliance with Los Angeles County Department of Weights and Measures specifications and standards for taxi/vehicle for hire meters. B. Routing. Franchisee shall, at all times, utilize the most cost effective routing of trips when transporting passengers pursuant to the franchise authority provided under this Agreement, unless otherwise instructed by the passengers. • r C. Nonsmoking vehicles/drivers. Franchisee shall provide, upon request, non-smoking vehicles for patrons. The Franchisee shall advise those requesting such vehicles of the time delay, if any, associated with specifying a non-smoking vehicle. Drivers shall refrain from smoking while in the presence of customers. D. Radios. Each vehicle shall be equipped with a fimctional two-way radio. and/or a mobile display terminal capable of being used to communicate with its central dispatching office at all times while operating in the City. E. English speaking drivers. Personnel hired or contracted by the Franchisee who have dealings directly with the public they are serving, such as drivers and dispatchers, shall be proficient in the English language and be able to communicate effectively with the public. The City may require Franchisees to provide independent third party verification of the driver's ability. F. Response to complaints. Franchisee shall be required to log and resolve all written and oral complaints received from the public or City within 10 business days. Franchisee shall respond in writing to complaints received and shall report to City the results of any investigation or actions taken. G Drug/Alcohol testing. Franchisee shall have a drug -testing program in place for all personnel (employee and contract). Franchisee shall return to the City the driver permit for any driver who fails a random drug/alcohol test. Drivers who fail a random test shall not be eligible to have their permit reinstated until authorized by a City of Hermosa Beach representative. Test results for any driver who fails a random test shall immediately be forwarded to the City of Hermosa Beach. H. ADA compliance. Franchisee shall comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the performance of its taxicab services under this Agreement. I Driver uniforms. Each of Franchisee's drivers shall wear a distinctive uniform that projects a professional appearance and clearly identifies the wearer as and employee of Franchisee. This uniforms) shall be subject to approval by the City. All clothing must be neat and clean. Driver identification cards. Franchisee's drivers and coordinators shall wear a valid photographic identification badge issued by the City at all times while in the City. Upon termination of a driver, Franchisee shall be responsible for a timely retrieval of City badges and returning of said badges to the City. K. Driver training. Franchisee shall submit to the City and maintain throughout the term of this Agreement a program for training its drivers pursuant to a training manual developed by Franchisee. Franchisee shall require all of its drivers, including drivers hired after execution of this Agreement, to attend the training program. The program content shall be subject to review and approval by City and shall include, but not be limited to, the following: City Rules and Regulations, vehicle inspection, vehicle safety procedures, knowledge of traffic laws, passenger assistance and customer service, effective communication skills, and knowledge of Franchisee's authorized service area and passenger fares. Each driver must be full qualified to operate the vehicles specified herein and must possess a valid California Driver's License of the appropriate class. L. Fingerprinting of drivers. The Franchisee, at its expense shall make each of its drivers available for fingerprinting and a background investigation to be performed by the Hermosa Beach Police Department prior to issuance of an identification card. Drivers who currently possess a valid City of Hermosa Beach Taxicab Identification Card and who are currently employed by the company(s) awarded the franchise will be required to complete an updated application packet. However, those drivers will not be required to submit to another fingerprint check. Vehicles. A. Franchisee shall report to the City, the manufacturer, model year, vehicle type, vehicle identification number ("VIN"), license plate number, company identification number, passenger capacity, and proof of • commercial registration for each of Franchisee's vehicles used in its operation in the City. At the commencement of this Agreement, all vehicles shall be no more than seven (7) model years old. Each vehicle operated under this franchise agreement shall be clean inside and out, free of exterior body damage, mechanically safe, and in excellent working order. The City reserves the right to object to any of Franchisee's vehicles, and to require that the vehicle be cleaned, repaired, or removed from service. B. Franchisee shall file with the City a description (either photographic or otherwise) adequate to identify the color scheme and markings common to Franchisee's vehicles and distinguish them visually from vehicles used by other operators. C When a Franchisee replaces a vehicle due to damage or another reason, the replacement vehicle must be no more than seven (7) model years old. A vehicle inspection report will be required before receiving a permit to use it in the City. Franchisee shall submit a copy of its vehicle maintenance program, including its preventative maintenance program, to the City, which will be in effect throughout the term of this agreement. This program shall be in accordance with the vehicle manufacturer's warranty specifications and any applicable State and Federal laws. Such program shall describe the maintenance facility to be used, schedule of maintenance, and maintenance record keeping. The City shall have the right to inspect Franchisee's maintenance records and facilities during regular business hours and its vehicles or an unscheduled, unannounced basis to audit said program for compliance with this agreement. • Each vehicle shall be subject to inspection by the City at any time. Vehicles that fail inspection shall not be used to pick up passengers until deficiencies are corrected 8. Insurance. Franchisee shall have and maintain in place, all of the insurance coverage as specified below. The Franchisee shall comply with all items specified by this Agreement. All insurance policies secured to satisfy the requirements imposed hereunder shall be issued by insurers authorized to do business in the State of California. Insurers shall have a current A.M. Best's Rating of not less than A -VII unless otherwise approved by City. The Insurance Endorsement Forms attached to the Request for Proposals shall be utilized to provide evidence of insurance. Franchisee shall maintain the types of insurance and limits as follows: • (1) COMMERCIAL GENERAL LIABILITY INSURANCE - a policy for occurrence coverage, including all coverage provided by and to the extent afforded by Insurance Services Office Form CG0001 ed. 11/88 or 11/85, with no special limitations affecting City. The limit for all coverage under this policy shall be no less than $1,000,000 dollars per occurrence. City, its employees, officials, volunteers and agents, shall be added as additional insured by endorsement to the policy. The insurer shall agree to provide the City with (30) days prior written notice of any cancellation, non -renewal or material change in coverage. The policy shall contain no provision that would make this policy excess over, contributory with, or invalidated by the existence of any insurance, self- insurance or other risk- financing program maintained by City. In the event the policy contains such an "other insurance" clause, the policy shall be modified by endorsement to show that it is primary for any claim arising out of the work performed under this Agreement. The City of Hermosa Beach Insurance Endorsement Form No.1 (General Liability) must be executed by the applicable underwriters. (2) COMMERCIAL AUTO LIABILITY INSURANCE - a policy including all coverage provided by and to the extent afforded by Insurance Services office form CA 0001, ed. 12/93, including Symbol 1 (any auto) with no special limitations affecting the City. The limit for bodily injury and property damage shall be no less than $1,000,000 dollars per accident. City, its employees, officials, volunteers and agents, shall be added as additional insured by endorsements to the policy. The insurer shall agree to provide the City with thirty (30) days prior written notice of any cancellation, non -renewal or material change in coverage. The policy shall contain no provision that would make this policy excess over, contributory with, or invalidated by the existence of any insurance, self-insurance or other risk -financing program maintained by City. In the event the policy contains such an "other insurance" clause, the policy shall be modified by endorsement to show that it is primary for any claim arising out of the work performed under this Agreement. The City of Hermosa each Insurance Endorsement Form No.2 (Auto) must be executed by the applicable insurance underwriters. (3) WORKERS COMPENSATION INSURANCE - a policy which meets all statutory benefit requirements of the Labor Code, or other applicable law, of the State of California. Employers Liability Insurance with a minimum limits of no less than one million dollars ($1,000,000) per claim. The policy shall contain, or be endorsed to include, a waiver of subrogation in favor of City. Additional Requirements. The procuring of such required policies of insurance shall not be construed to limit Franchisee's liability hereunder, or to fulfill the indemnification provisions and requirements of this Agreement. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. City shall notify Franchisee in writing of changes in the insurance requirements. If Franchisee does not deposit copies of acceptable insurance policies with City incorporating such changes within sixty (60) days of receipt of such notice, Franchisee shall be deemed in default hereunder. Any deductibles or self-insured retentions must be declared to'and approved by City. Any deductible exceeding an amount acceptable to City shall be subject to the following changes: (1) Either the insurer shall eliminate, or reduce, such deductibles or self-insured retentions with respect to City and its officials, volunteers, employees and agents (with additional premium, if any, to be paid by Franchisee); or (2) Franchisee shall provide satisfactory financial guarantee for payment of losses and related investigations, claim administration, and defense expense. Verification of Compliance. Franchisee shall furnish City with original endorsements ' effecting coverage required by this Agreement. The endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before work commences. Not less than fifteen (15) days prior to the expiration date of any policy of insurance required by this Agreement, Franchisee shall deliver to City a binder or certificate of insurance with respect to each renewal policy, bearing a notation evidencing payment of the premium therefor, or accompanied by other proof of payment satisfactory to City. All late payments are subject to a ten percent penalty during the first ten days of the contract period, increased to fifteen percent during days eleven through twenty, and twenty percent for days twenty-one through thirty. Non-payment of franchise fees is grounds for immediate termination of the contract at any time. Proceeds for any Franchisee operations performed during non-payment periods will be deducted from the Franchisee's security deposit. 9. Record Keeping. Franchisee shall at all times during the term of this Agreement maintain and keep permanent books, ledgers, journals, and other records wherein are kept entries accurately reflecting all gross revenue derived from the business transacted in the City. In addition, Franchisee shall keep and maintain a daily record of all "trips" and the passenger counts and fares collected from each trip with supporting verifiable documents showing the driver's name and signature, actual arrival and departure trip times, registration number of vehicle, and reservation numbers, if applicable. City may require Franchisee to use City's forms for said records. It is agreed that examination of the books, ledgers, journals, and accounts of Franchisee will be conducted in accordance with generally accepted auditing standards applicable in the circumstances and that as such, said examinations do not require a detailed audit of all transactions. City may use testing and sampling methods in verifying reports submitted by Franchisee. Deficiencies ascertained by the use of such testing and sampling methods by applying the percentages of error obtained from such testing and sampling to the entire period of reporting under examination will be binding upon Franchisee and to that end shall be admissible in court to prove any amounts due City from Franchisee. 10. Security Deposit. Franchisee shall deposit and maintain with City a security deposit in the amount of Ten Thousand dollars ($10,000), against which City may deduct any delinquent fees, liquidated damages, or other charges incurred pursuant to any provision or by virtue of a violation of this Agreement. The security deposit shall take the form of either a cashier's check payable to -the City of Hermosa Beach, a bond guaranteeing payment, or such other form as is acceptable to Finance Director, and shall be subject to approval as to legal form by the City Attorney. 11. Advertising. Franchisee shall, at his own expense, provide advertising to the Hermosa Beach public and businesses of the availability of its services. 12. Assignment of Agreement. Franchisee shall not, in any manner, directly or indirectly, by operation of law or otherwise, assign, hypothecate, transfer, or encumber this Agreement, or the rights herein granted, or any portion thereof or any interests therein, without the prior written consent of City. Consent to one assignment shall not be deemed to be a consent to any subsequent assignment. When and if the proper consent of the City to an assignment is received, the terms and conditions of this Agreement shall be binding upon and shall insure to the benefit of the successors, heirs, and assigns of the parties hereto. 13. Representative of Franchisee. Franchisee shall at all times retain one (1) qualified representative authorized to represent and act for it in matters pertaining to its operation, and shall keep City informed in writing of the identity of each such person. 14. Customer Service Cards. The City reserves the right to place either a placard or cards within the passenger area of each cab informing customers of the City's representative who may be contacted if the patron would like to comment on the service provided. Additionally, the Franchisee may be required to produce, display and make available customer survey cards for patrons. 15. Indemnification. Franchisee shall indemnify, defend, and hold harmless City, and its officers, agents and employees, from and against any and all liability, damages, expenses, causes of action, suits, claims, costs, fees, penalties, or judgments, of any nature whatsoever, including reasonable attorneys fees and costs of suit, brought by or owed to third parties, arising out of or in connection with the operations and activities of Franchisee and its drivers and other personnel in the exercise of its rights and performance of its operations under this Agreement. 16. Suspension and Termination. A. City shall have the right to terminate this Agreement without cause by giving ninety (90) days written notice to Franchisee. Upon receipt of a notice of termination, Franchisee shall: (1) promptly discontinue all services in the City; (2) promptly remove all vehicle decals; and (3) promptly return all driver identification cards issued by the City. In the event of a termination, City will refund on a pro rata basis the franchise fee paid for that year of service and will return the security deposit remaining on deposit with City. B. City shall have the right to suspend Franchisee's operations under the franchise in the event of a lapse in required insurance or any other violation of this Agreement or of the provisions of Chapter 5.72 of the Hermosa Beach Municipal Code that, in the judgment of the City Manager, create an immediate safety hazard. In the event of a suspension, all Franchisee's taxicab operations in the City shall cease until such time as the suspension is lifted. The suspension shall remain in effect for as , long as the violation remains uncured. C. All terms and specifications of this Agreement are material and binding, and failure to perform any portion of the work described herein shall be considered a breach of this Agreement. Failure or delay by Franchisee to perform any term or provision of this Agreement constitutes a default under this Agreement. Upon receipt of notice in writing from City, the Franchisee must immediately commence to cure, correct, or remedy such failure or delay and shall complete such cure, correction or remedy with reasonable diligence. The City may exercise any the rights and remedies for default set forth in this Section if a default continues for a period of seven (7) days after written notice to Franchisee unless, if the nature of the default is such that more than seven (7) days are reasonably.required for its cure, then Franchisee shall not be deemed to be in default if it has commenced a cure within the seven (7) day period and thereafter diligently prosecutes such cure to completion within thirty (30) days after receipt of written notice thereof. No additional time to cure shall be allowed for failure to pay any amount due to City under this Agreement, or if the nature of the default is such that the health, welfare, or safety of the public is endangered as determined by the City Manager. The notice of default shall specify the nature of the default. Delay in giving a notice of default shall not constitute a waiver of any default nor shall it change the time of default. Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, nor deprive either party of its right to institute and maintain any actions or proceedings which it May deem necessary to protect, assert, or enforce any such rights or remedies. City reserves the right to terminate this Agreement in the event that Franchisee fails to cure any default within the required time. City shall further have the right to terminate this Agreement if Franchisee violates any material provision of any applicable law or ordinance; fails to maintain the insurance required by Section 8 or fails to pay to City any monies due City pursuant to this Agreement (and fails to remedy such default within five (5) days after written notice thereof from City); fails to maintain in force all required licenses and permits; violates any orders or filings of any regulatory body having jurisdiction over Franchisee relative to its operations under this Agreement, provided that Collector may contest any such orders or filings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred until a final decision adverse to Franchisee is entered; if Franchisee fails to make any payment required under this Agreement and/or refuses to provide City with required infonnation, reports, and/or records in a timely manner as provided for in this Agreement; if Franchisee practices, or attempts to practice, any fraud or deceit upon City; or if Franchisee commits more than three defaults within a twelve month period, regardless of whether theyy are cured. Franchisee may respond in writing.to a notice of intent to terminate from the City Manager. The matter will then be referred to the City Council for consideration pursuant to this Section. The City Council will set the matter for a hearing and the City Clerk shall give Collector thirty (30) • days written notice'of the time and place of the hearing. At the hearing, the City Council shall consider the all relevant evidence and testimony and if the City Council determines that the Franchisee is in breach of this Agreement as above described, the Council, in the exercise of its - discretion, may order Franchisee to take remedial actions to cure the breach or impose any other remedy in accordance with this Agreement, including but not limited to termination. The decision or order of the City Council shall be final and binding. 10 17. Independent Contractor. Franchisee is, and shall at all times remain as to City, a wholly independent contractor. Franchisee shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Franchisee or any of Franchisee's employees, except as set forth in this Agreement. Franchisee shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. Franchisee shall be solely responsible for the acts and omissions of its officers, employees, subcontractors and agents. Franchisee or its officers, employees, subcontractors and agents shall obtain any rights to retirement benefits, workers' compensation benefits, or any other benefits that accrue to City employees by virtue of their employment with City. 18. Governing Law. This law of the State of California shall govern this Agreement. In the event of litigation between the parties, venue in State trial courts shall lie exclusively in Los Angeles County. In the event of litigation in a United States District Court, exclusive venue shall lie in the Central District of California. 19. Attorney Fees. Should legal action be brought by either party to enforce any provision of this Agreement, the prevailing party in such action shall be entitled to its actual attorneys' fees, court costs, and other litigation expenses including, without limitation, expenses incurred for preparation and discovery, expert witness fees, and expenses relating to appeals, if any. The entitlement to recover such fees, costs and expenses shall accrue upon the commencement of the action regardless of whether the action is prosecuted to final judgment. 20. Binding on Successors. The provisions of this Agreement shall inure to the benefit to and be binding on the successors and permitted assigns of the parties. 21. Parties In Interest. Nothing in this Agreement, whether express or implied, is intended to confer any rights on any persons other than the parties to it and their representatives, successors and permitted assigns. 22. Waiver. The waiver by either party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach or violation of the same or any other provision. The subsequent acceptance by either party of any monies that become due hereunder shall not be deemed to be a waiver of any preexisting or concurrent breach or violation by the other party of any provision of this Agreement. 23. Entire Agreement. This Agreement represents the full and entire Agreement between the parties regarding the matters covered herein. 24. Captions. The captions in this Agreement are for convenience of reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions. 25. References to Laws. All references in this Agreement to laws shall be understood to include such laws as they may be subsequently amended or recodified, unless otherwise specifically provided. 26. Interpretation. This Agreement shall be interpreted and construed reasonably and neither for nor against either party, regardless of the degree to which either party participated in its drafting. Each of the parties has received the advice of legal counsel prior to signing this Agreement. Each party acknowledges no other party or agent or attorney has made a promise, representation, or warranty whatsoever, express or implied, not contained herein concerning the subject matter herein to induce another party to execute this Agreement. The parties agree no provision or provisions may be subject to any rules of construction based upon any party being considered the party "drafting" this Agreement. 27. Amendment. This Agreement may not be modified or amended in any respect except by a writing signed by the parties. 28. Discrimination. Franchisee shall not discriminate in any of its operations based upon race, color, creed, religion, sex, marital status, age, disability, national origin, ancestry or medical condition. 29. Conflict of Interest. Franchisee confirms that it has no financial, contractual, or other interest or obligation that conflicts with or is harmful to performance of its obligations under this Agreement. Franchisee shall not during the term of this Agreement knowingly obtain such an interest or incur such an obligation, nor shall it employ or subcontract with any person for performance of this Agreement who has such incompatible interest or obligation. 30. Notice. All notices pennitted or required.under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party's representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. 12 CITY OF HERMOSA BEACH 1315 Valley Drive Hermosa Beach, CA 90254 Attention: Chief of Police FRANCHISEE: Bell Cab 13030 Cerise Avenue Hawthome, California 90250 • Attention: LteQ C4.cJ 31. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement on behalf of the party for whom they are signing. 32. Severability. If any non -material provision of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement that shall be enforced as if such invalid or unenforceable provision had not been contained herein. 13 Executed as of the day first above stated: For City of Hermosa Beach Steve Bu rJ11 City Manager Approved as to Jenkins City Attorney Attest: City Clerk For Franchisee t 'Name: f Lt'C LOQ C �4 i c• (LI Title: o (4 / l9' • fr1 14 TAXICAB FRANCHISE AGREEMENT THIS TAXICAB FRANCHISE AGREEMENT ("Agreement") is entered into as of the 28th day of May 28, 2003, by and between the CITY OF HERMOSA BEACH, a California municipal corporation, organized and existing under the laws of the State of California ("City") and ALL YELLOW TAXI, at 14550 South Main, Gardena, California 90248 ("Franchisee"). RECITALS This Agreement is entered into on the basis of the following facts, understandings, and intentions of the parties: Chapter 5.72 of Title 5 of the Hermosa Beach Municipal Code authorizes the City, in the exercise of its constitutional police powers, to award one or more nonexclusive franchises for the operation of taxicab services for service initiating within the City, and to limit such taxicab service to only those operators to whom a franchise is awarded. B. The City has determined that considerations of public safety and consumer protection require a degree of regulation of taxicab service attainable only through the issuance of nonexclusive franchises. C. Franchisee is a taxicab operator qualified to operate a taxicab service in the City under and pursuant to a nonexclusive franchise. Franchisee has applied for, and on the basis of its qualifications and the representations contained in its proposal, been awarded the opportunity to enter into a nonexclusive franchise agreement for the operation of taxicabs in the City. E. Franchisee proposes to operate a taxicab service in the City in full compliance with the requirements of this Agreement and the provisions of Chapter 5.72 of Title 5 of the Hermosa Beach Municipal Code and all other applicable ordinances and laws. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties agree to as follows: 1. Grant of Franchise. City hereby grants to Franchisee a non-exclusive franchise to operate thirty-five (35) taxicabs for the provision of taxicab service originating within the territorial boundaries of City. 2. Term of Franchise. The franchise granted by this Agreement shall commence June 1, 2003, for a term of three (3) years, and expire on May 31, 2006, unless sooner terminated as provided hereinbelow. 3. Consideration. In consideration of the rights granted hereunder, Franchisee shall pay to City an annual franchise fee of $1,100 per franchised taxicab, payable upon Franchisee's submittal of an executed copy of this Agreement to City, and annually thereafter for each year this Agreement is in effect on the anniversary date of this Agreement. Failure of Franchisee timely to pay the annual franchise fee shall be a material breach of this Agreement. All late payments are subject to a ten percent penalty. during the first ten days of the applicable contract period, increased to fifteen percent during days eleven through twenty, and twentypercent for days twenty-one and beyond. Non-payment of franchise fees is grounds for immediate termination of the Agreement. Proceeds for any Franchisee operations performed during non-payment periods will be deducted from the Franchisee's security deposit. 4. Scope of Franchised Services. Franchisee shall have the right, utilizing its own employees and contractors, to provide taxicab services to customers originating service within the territorial boundaries of the City. Franchisee shall be permitted to utilize employees, licensed subcarriers, or a combination thereof to achieve its full complement of vehicles and drivers. The City reserves the right to approve in advance the form and content of any agreement to be used between Franchisee and its licensed drivers. Taxicab services shall be provided in full compliance with the requirements of this Agreement and Chapter 5.72 of Title 5 of the Hermosa Beach Municipal Code. Franchisee and its drivers, coordinators, and other personnel shall, in the performance of all duties pursuant to this Agreement, conduct themselves with the highest degree of 2 • courtesy and service. The Franchisee shall be directly and solely responsible for the conduct of its drivers, coordinators, or other personnel utilized under this Agreement. Franchisee agrees to abide by any and all: (1) applicable rules, regulations, orders, and restrictions now in force or which may be hereafter adopted by City with respect to its operations, including but not limited to any "starter program" established by City in the downtown area of Hermosa Beach; (2) orders, directives, or conditions issued, given, or imposed by the City with respect to the use of roadways; driveways, curbs, sidewalks, and parking areas in -and about the City; (3) applicable laws, ordinances, statutes, rules, regulations, or orders of any governmental authority lawfully exercising jurisdiction within the City. Franchisee agrees to operate its vehicles in City only when a current and valid decal or sticker has been permanently affixed to the vehicle in the appropriate location. Failure to have a current and valid decal or sticker affixed on a vehicle while operating in City shall mean that Franchisee does not have City approval to operate said vehicle in City, which shall constitute a material breach of this Agreement. City reserves the right to determine the frequency of and occasions when new or replacement decals or stickers may be issued. 5. Rates. Franchisee's taxicabs shall charge those rates for taxicab service approved by the City Council. Franchisee shall provide a ten percent (10%) discount on all rides to senior citizens (age 55 and older). Operational Requirements. A. Meters. Each and every taxicab operated under the franchise shall be equipped with a working meter to calculate the fares. All trips under this franchise agreement shall. be metered, except for approved flat fee trips. In order to provide flat fee trips, Franchisee must submit for City approval a list of destinations available for flat fee trips and the total cost of each trip. All flat fee trips must originate in Hermosa Beach. City reserves the right to audit meters and vehicles for accurate measurement and metering of fares. All meters shall be in compliance with Los Angeles County Department of Weights and Measures specifications and standards for taxi/vehicle for hire meters. • Routing. • Franchisee shall, at all times, utilize the most cost effective routing of trips when transporting passengers pursuant to the franchise authority provided under this Agreement, unless otherwise instructed by the passengers. • • C. Nonsmoking vehicles/drivers. Franchisee shall provide, upon request, non-smoking vehicles for patrons. The Franchisee shall advise those requesting such vehicles of the time delay, if any, associated with specifying a non-smoking vehicle. Drivers shall refrain from smoking while in the presence of customers. D. Radios. Each vehicle shall be equipped with a functional two-way radio and/or a mobile display terminal capable of being used to communicate with its central dispatching office at all times while operating in the City. E. English speaking drivers. Personnel hired or contracted by the Franchisee who have dealings directly with the public they are serving, such as drivers and dispatchers, shall be proficient in the English language and be able to communicate effectively with the public. The City may require Franchisees to provide independent third party verification of the driver's ability. . F. Response to complaints. Franchisee shall be required to log and resolve all written and oral complaints received from the public or City within 10 business days. Franchisee shall respond in writing to complaints received and shall report to City the results of any investigation or actions taken. G. Drug/Alcohol testing. Franchisee shall have a drug -testing program in place for all personnel (employee and contract). Franchisee shall return to the City the driver permit for any driver who fails a. random drug/alcohol test. Drivers who fail a random test shall not be eligible to have their permit reinstated until authorized by a City of Hermosa Beach representative. Test results for any driver who fails a random test shall immediately be forwarded to the City of Hermosa Beach. H. ADA compliance. Franchisee shall comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the performance of its taxicab services under this Agreement. Driver uniforms. Each of Franchisee's drivers shall wear a distinctive uniform that projects a professional appearance and clearly identifies the wearer as and employee of Franchisee. This uniform(s) shall be subject to approval by the City. All clothing must be neat and clean. J. Driver identification cards. Franchisee's drivers and coordinators shall wear a valid photographic identification badge issued by the City at all times while in the City. Upon termination of a driver, Franchisee shall be responsible for a timely retrieval of City badges and returning of said badges to the City. 4 • • K. Driver training. Franchisee shall submit to the City and maintain throughout the term of this Agreement a program for training its drivers pursuant to a training manual developed by Franchisee. Franchisee shall require all of its drivers, including drivers hired after execution of this Agreement, to attend the training program. The program content shall be subject to' review and approval by City and shall include, but not be limited to, the following: City Rules and Regulations, vehicle inspection, vehicle safety procedures, knowledge of traffic laws, passenger assistance and customer service, effective communication skills, and knowledge of Franchisee's authorized service area and passenger fares. Each driver must be full qualified to operate the vehicles specified herein and must possess a valid California Driver's License of the appropriate class. L Fingerprinting of drivers. The Franchisee, at its expense shall make each of its drivers available for fingerprinting and a background investigation to be performed by the Hermosa Beach Police Department prior to issuance of an identification card. Drivers who currently possess a valid City of Hermosa Beach Taxicab Identification Card and who are currently employed by the company(s) awarded the franchise will be required to complete an updated application packet. However, those drivers will not be required to submit to another fingerprint check. 7. Vehicles. A. Franchisee shall report to the City, the manufacturer, model year, vehicle type, vehicle identification number ("VIN"), license plate number, company identification number, passenger capacity, and proof of commercial registration for each of Franchisee's vehicles used in its operation in the City. At the commencement of this Agreement, all vehicles•shall be no more than seven (7) model years old. Each vehicle operated under this franchise agreement shall be clean inside and out, free of exterior body damage, mechanically safe, and in excellent working order. The City reserves the right to object to any of Franchisee's vehicles, and to require that the vehicle be cleaned, repaired, or removed from service. B Franchisee shall file with the City a description (either photographic or otherwise) adequate to identify the color scheme and markings common to Franchisee's vehicles and distinguish them visually from vehicles used by other operators. C When a Franchisee replaces a vehicle due to damage or another reason, the replacement vehicle must be no more than seven (7) model years old. A vehicle inspection report will be required before receiving a permit to use it in the City. • • D. Franchisee shall submit a copy of its vehicle maintenance program, including its preventative maintenance program, to the City, which will be in effect throughout the term of this agreement. This program shall be in accordance with the vehicle manufacturer's warranty specifications and any applicable State and Federal laws. Such program shall describe the maintenance facility to be used, schedule of maintenance, and maintenance record keeping. The City shall have the right to inspect Franchisee's maintenance records and facilities during regular business hours and its vehicles or an unscheduled, unannounced basis to audit said program for compliance with this agreement. E. Each vehicle shall be subject to inspection by the City at any time. Vehicles that fail inspection shall not be used to pick up passengers until deficiencies are corrected. 8. Insurance. Franchisee shall have and maintain in place, all of the insurance coverage as specified below. The Franchisee shall comply with all items specified by this Agreement. All insurance policies secured to satisfy the requirements imposedhereunder shall be issued by insurers authorized to do business in the State of California. Insurers shall have a current A.M. Best's Rating of not less than A -VII unless otherwise approved by City. The Insurance Endorsement Forms attached to the Request for Proposals shall be utilized to provide evidence of insurance. Franchisee shall maintain the types of insurance and limits as follows: • (1) COMMERCIAL GENERAL LIABILITY INSURANCE - a policy for occurrence coverage, including all coverage provided by and to the extent afforded by Insurance Services Office Form C00001 ed. 11/88 or 11/85, with no special limitations affecting City. The limit for all coverage under this policy shall be no less than $1,000,000 dollars .per occurrence. City, its employees, officials, volunteers and agents, shall be added as additional insured by endorsement to the policy. The insurer shall agree to provide the City with (30) days prior written notice of any cancellation, non -renewal or material change in coverage. The policy shall contain no provision that would make this policy excess over, contributory with, or invalidated by the existence of any insurance, self- insurance or other risk- financing program maintained by City. In the event the policy contains such an "other insurance" clause, the policy shall be modified by endorsement to show that it is primary for any claim arising out of the work performed under this Agreement. The City of Hermosa Beach Insurance Endorsement Form No.1 (General Liability) must be executed by the applicable underwriters. (2) COMMERCIAL AUTO LIABILITY INSURANCE a policy including all coverage provided by and to the extent afforded by Insurance Services office form CA 0001, ed. 12/93, including Symbol 1 (any auto) with no special limitations affecting the City. The limit for bodily injury and property damage shall be no less than $1,000,000 dollars per accident. City, its employees, officials, volunteers and agents, shall be added as additional insured by endorsements to the policy. The insurer shall agree to provide the City with thirty (30) days prior written notice of any cancellation, non -renewal or material change in coverage. The policy shall contain no provision that would make this 6 • policy excess over, contributory with, or invalidated by the existence of any insurance, self-insurance or other risk -financing program maintained by City. In the event the policy contains such an "other insurance" clause, the policy shall be modified by endorsement to show that it is primary for any claim arising out of the work performed under this Agreement. The City of Hermosa each Insurance Endorsement Form No.2 (Auto) must be executed by the applicable insurance underwriters. (3) WORKERS COMPENSATION INSURANCE - a policy which meets all statutory benefit requirements of the Labor Code, or other applicable law, of the State of California. Employers Liability Insurance with a minimum limits of no less .than one million dollars ($1,000,000) per claim. The policy shall contain, or be endorsed to include, a waiver of subrogation in favor of City. Additional Requirements. The procuring of such required policies of insurance shall not be construed to limit Franchisee's liability hereunder, or to fulfill the indemnification provisions and requirements of this Agreement. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. City shall notify Franchisee in writing of changes in the insurance requirements. If Franchisee does not deposit copies of acceptable insurance policies with City incorporating such changes within sixty (60) days of receipt of such notice, Franchisee shall be deemed in default hereunder. Any deductibles or self-insured retentions must be declared to and approved by City. Any deductible exceeding an amount acceptable to City shall be subject to the following changes: (1) Either the insurer shall eliminate, or reduce, such deductibles or self-insured retentions with respect to City and its officials, volunteers, employees and agents (with additional premium, if any, to be paid by Franchisee); or (2) Franchisee shall provide satisfactory financial guarantee for payment of losses and related investigations, claim administration, and defense expense. Verification of Compliance. Franchisee shall furnish City with original endorsements effecting coverage required by this Agreement. The endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before work commences. Not less than fifteen (15) days prior to the expiration date of any policy of insurance required by this Agreement, Franchisee shall deliver to City a binder or certificate of insurance with respect to each renewal policy, bearing a notation evidencing payment of the premium therefor, or accompanied by other proof of payment satisfactory to City. All late payments are subject to a ten percent penalty during the first ten days of the contract period, increased to fifteen percent during days eleven through twenty, and twenty percent for days twenty-one through thirty. Non-payment of franchise fees is grounds for immediate termination of the contract at any time. Proceeds for any Franchisee operations performed during non-payment periods will be deducted from the Franchisee's security deposit. 9. Record Keeping. Franchisee shall at all times during the term of this Agreement maintain and keep permanent books, ledgers, journals, and other records wherein are kept entries accurately reflecting all gross revenue derived from the business transacted in the City. In addition, Franchisee shall keep and maintain a daily record of all "trips" and the passenger counts and fares collected from each trip with supporting verifiable documents showing the driver's name and signature, actual arrival and departure trip times, registration number of vehicle, and reservation numbers, if applicable. City may require Franchisee to use City's forms for said records. It is agreed that examination of the books, ledgers, journals, and accounts of Franchisee will be conducted in accordance with generally accepted auditing standards applicable in the circumstances and that as such, said examinations do not require a detailed audit of all transactions. City may use testing and sampling methods in verifying reports submitted by Franchisee. Deficiencies ascertained by the use of such testing and sampling methods by applying the percentages of error obtained from such testing and sampling to the entire period of reporting under examination will be binding upon Franchisee and to that end shall be admissible in court to prove any amounts due City from Franchisee. 10. Security Deposit. Franchisee shall deposit and maintain with City a security deposit in the amount of Ten Thousand dollars ($10,000), against which City may deduct any delinquent fees, liquidated damages, or other charges incurred pursuant to any provision or by virtue of a violation of this Agreement. The security deposit shall take the form of either a cashier's check payable to -the City of Hermosa Beach, a bond guaranteeing payment, or such other form as is acceptable to Finance Director, and shall be subject to approval as to legal form by the City Attorney. 11. Advertising. Franchisee shall, at his own expense, provide advertising to the Hermosa Beach public and businesses of the availability of its services. 12. Assignment of Agreement. Franchisee shall not, in any manner, directly or indirectly, by operation of law or otherwise, assign, hypothecate, transfer, or encumber this Agreement, or the rights herein granted, or any portion thereof or any interests therein, without the prior written consent of City. Consent to one assignment shall not be deemed to be a consent to any subsequent assignment. When and if the proper consent of the City to an assignment is received, the terms and conditions of this Agreement shall be binding upon and shall insure to the benefit of the successors, heirs, and assigns of the parties hereto. 13. Representative of Franchisee. Franchisee shall at all times retain one (1) qualified representative authorized to represent and act for it in matters pertaining to its operation, and shall keep City informed in writing of the identity of each such person. 14. Customer Service Cards. The City reserves the right to place either a placard or cards within the passenger area of each cab informing customers of the City's representative who may be contacted if the patron would like to comment on the service • provided. Additionally, the Franchisee may be required to produce, display and make available customer survey cards for patrons. 15. Indemnification. Franchisee shall indemnify, defend, and hold harmless City, and its officers, agents and employees, from and against any and all liability, damages, expenses, causes of action, suits, claims, costs, fees, penalties, or judgments, of any nature whatsoever, including reasonable attorneys fees and costs of suit, brought by or owed to third parties, arising out of or in connection with the operations and activities of Franchisee and its drivers and other personnel in the exercise of its rights and performance of its operations under this Agreement. 16. Suspension and Termination. A. City shall have the right to terminate this Agreement without cause by giving ninety (90) days written notice to Franchisee. Upon receipt of a notice of termination, Franchisee shall: (1) promptly discontinue all services in the City; (2) promptly remove all vehicle decals; and (3) promptly return all driver identification cards issued by the City. In the event of a termination, City will refund on a pro rata basis the franchise fee paid for that year of service and will return the security deposit remaining on deposit with City. B. City shall have the right to suspend Franchisee's operations under the franchise in the event of a lapse in required insurance or any other violation of this Agreement or of the provisions of Chapter 5.72 of the Hermosa Beach Municipal Code that, in the judgment of the City Manager, create an immediate safety hazard. In the event of a suspension,' all Franchisee's taxicab operations in the City shall cease until such time as the suspension is lifted. The suspension shall remain in effect for as long as the violation remains uncured. All terms and specifications of this Agreement are material and binding, .and failure to perform any portion of the work described herein shall be considered a breach of this Agreement. Failure or delay by Franchisee to perform any term or provision of this Agreement constitutes a default under this Agreement. Upon receipt of notice in writing from City, the Franchisee must immediately commence to cure, correct, or remedy such failure or delay and shall complete such cure, correction or remedy with reasonable diligence. The City may exercise any the rights and remedies for default set forth in this Section if a default continues for a period of seven (7) days after written notice to Franchisee unless, if the nature of the default is such that more than seven (7) days are reasonably required for its cure, then Franchisee shall not be deemed to be in default if it has commenced a cure within the seven (7) day period and thereafter diligently prosecutes such • • cure to completion within thirty (30) days after receipt of written notice thereof. No additional time to cure shall be allowed for failure to pay any amount due to City under this Agreement, or if the nature of the default is such that the health, welfare, or safety of the public is endangered as determined by the City Manager. The notice of default shall specify the nature of the default. Delay in giving a notice of default shall not constitute a waiver of any default nor shall it change the time of default. Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, nor deprive either party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. 'City reserves the right to terminate this Agreement in the event that Franchisee fails to cure any default within the required time. City shall further have the right to terminate this Agreement if Franchisee violates any material provision of any applicable law or ordinance; fails to maintain the insurance required by Section 8 or fails to pay to City any monies due City pursuant to this Agreement (and fails to remedy such default within five (5) days after written notice thereof from City); fails to maintain in force all required licenses and permits; violates any orders or filings of any regulatory body having jurisdiction over Franchisee relative to its operations under this Agreement, provided that Collector may contest any such orders or filings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred until a final decision adverse to Franchisee is entered; if Franchisee fails to make any payment required under this Agreement and/or refuses to provide City with required information, reports, and/or records in a timely manner as provided for in this Agreement; if Franchisee practices, or attempts to practice, any fraud or deceit upon City; or if Franchisee commits more than three defaults within a twelve month period, regardless of whether they are cured. Franchisee may respond in writing to a notice of intent to terminate from the City Manager. The matter will then be referred to the City Council for consideration pursuant to this Section. The City Council will set the matter for a hearing and the City Clerk shall give Collector thirty (30) days written notice of the time and place .of the hearing. At the hearing, the City Council shall consider the all relevant evidence and testimony and if the City Council determines that the Franchisee is in breach of this Agreement as above described, the Council, in the exercise of its discretion, may order Franchisee to take remedial actions to cure the breach or impose any other remedy in accordance with this Agreement, including but not limited to termination. The decision or order of the City Council shall be final and binding. 17. Independent Contractor. Franchisee is, and shall at all times remain as to City, a wholly independent contractor. Franchisee shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Franchisee or any of Franchisee's employees, except as set forth in this Agreement. Franchisee shall • not, at any time, or in any manner, represent that it or any 9f its agents or employees are in any manner employees of City. Franchisee shall be solely responsible for the acts and omissions of its officers, employees, subcontractors and agents. Franchisee or its officers, employees, subcontractors and agents shall obtain any rights to retirement benefits, workers' compensation benefits, or any other benefits that accrue to City employees by virtue of their employment with City. 18. Governing Law. This law of the State of California shall govern this Agreement. In the event of litigation between the parties, venue in State trial courts shall lie exclusively in Los Angeles County. In the event of litigation in a United States District Court, exclusive venue shall lie in the Central District of California. 19. Attorney Fees. Should legal action be brought by either party to enforce any provision of this Agreement, the prevailing party in such action shall be entitled to its actual attorneys' fees, court costs, and other litigation expenses including, without limitation, expenses incurred for preparation and discovery, expert witness fees, and expenses relating to appeals, if any. The entitlement to recover such fees, costs and expenses shall accrue upon the commencement of the action regardless of whether the action is prosecuted to final judgment. 20. Binding on Successors. The provisions of this Agreement shall inure to the benefit to and be binding on the successors and permitted assigns of the parties. 21. Parties in Interest. Nothing in this Agreement, whether express or implied, is intended to confer any rights on any persons other than the parties to it and their representatives, successors and permitted assigns. 22. Waiver. The waiver by either party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach or violation of the same or any other provision. The subsequent acceptance by either party of any monies that become due hereunder shall not be deemed to be a waiver of any preexisting or concurrent breach or violation by the other party of any provision of this Agreement. 23. Entire Agreement. This Agreement represents the full and entire Agreement between the parties regarding the matters covered herein. 11 • • 24. Captions. The captions in this Agreement are for convenience of reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions. 25. References to Laws. All references in this Agreement to laws shall be understood to include such laws as they may be subsequently amended or recodified, unless otherwise specifically provided. 26. Interpretation. This Agreement shall be interpreted and construed reasonably and neither for nor against either party, regardless of the degree to which either party participated in its drafting. Each of the parties has received the advice of legal counsel prior to signing this Agreement. Each party acknowledges no other party or agent or attorney has made a promise, representation, or warranty whatsoever, express or implied, not contained herein concerning the subject matter herein to induce another party to execute this Agreement. The parties agree no provision or provisions may be subject to any rules of construction based upon any party being considered the party "drafting" this Agreement. 27. Amendment. This Agreement may not be modified or amended in any respect except by a writing signed by the parties. 28. Discrimination. Franchisee shall not discriminate in any of its operations based upon race, color, creed, religion, sex, marital status, age, disability, national origin, ancestry or medical condition. 29. Conflict of Interest. - Franchisee confirms that it has no financial, contractual, or other interest orobligation that conflicts with or is harmful to performance of its obligations under this Agreement. Franchisee shall not during the term of this Agreement knowingly obtain such an interest or incur such an obligation, nor shall it employ'or subcontract with any person for performance of this Agreement who has such incompatible interest or obligation. 30. Notice. All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party's representative as providedinthis Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. 12 CITY OF HERMOSA BEACH 1315 Valley Drive . Hermosa Beach, CA 90254 Attention: Attention: Chief of Police FRANCHISEE: All Yellow Taxi 14550 South Main Gardena, California 90248 Os 31. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement on behalf of the party for whom they are signing. 32. Severability. If any non -material provision of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement that shall be enforced as if such invalid or unenforceable provision had not been contained herein. 13 Executed as of the day first above stated: Forty' Herm. • a : each 41 aid , 41 Ste illp urifel Ci anager pproved as to Michael Jenkins City Attorney Attest: City Clerk Name: oa'1 U A1—&z) mac» 0-9 S Title: p S' /) c - T- 14 14 TAXICAB FRANCHISE AGREEMENT THIS TAXICAB:FCHISE AGREEMENT ("Agreement") is entered into as of the 28th day 'of May 28, 2003, by and between the CITY OF HERMOSA BEACH, a California municipal corporation, organized and existing under the laws of the State of California ("City") and ADMINISTRATIVE SERVICES COOPERATIVE, at 2129 West Rosecrans Avenue, Gardena, California 90248 ("Franchisee"). RECITALS This Agreement is entered into on the basis of the followings facts, understandings, and intentions of the parties: A; Chapter 5.72 of Title 5 of the Hermosa Beach Municipal Code authorizes the City, in the exercise of its constitutional police powers, to award one or more nonexclusive franchises for the operation of taxicab services for service initiating within the City, and to limit such taxicab service to only those operators to whom a franchise is awarded. The City has determined that considerations of public safety and consumer protection require a degree of regulation of taxicab service attainable only through the issuance of nonexclusive franchises. Franchisee is a taxicab operator qualified to operate a taxicab service iii the City under and pursuant to a nonexclusive franchise. Franchisee has applied for, and on the basis of its qualifications and the representations contained in its proposal, been awarded the opportunity to enter into a nonexclusive franchise agreement for the operation of taxicabs in the City. E. Franchisee proposes to operate a taxicab service in the City in full compliance with the requirements of this Agreement and the provisions of Chapter 5.72 of Title 5 of the Hermosa Beach Municipal Code and all other applicable ordinances and laws. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties agree to as follows: 1. Grant of Franchise. City hereby grants to Franchisee a non-exclusive franchise to operate thirty-five (35) taxicabs for the provision of taxicab service originating within the territorial boundaries of City. 2. Term of Franchise. The franchise granted by this Agreement shall commence June 1, 2003, for a term of three (3) years, and expire on May 31, 2006, unless sooner terminated as provided hereinbelow. 3. Consideration. In consideration of the rights granted hereunder, Franchisee shall pay to City an annual franchise fee of $1,100 per franchised taxicab, payable upon , Franchisee's submittal of an executed copy of this Agreement to City, and annually thereafter for each year this Agreement is in effect on the anniversary date of this Agreement. Failure of Franchisee timely to pay the anni lI anchise fee shall be a material breach of this Agreement. All late payments are subject to a ten percent penalty during the first ten days of the applicable contract period, increased to fifteen percent during days eleven through twenty, and twenty percent for daystwenty-one and beyond. Non-payment of franchise fees is grounds for immediate termination of the Agreement. Proceeds for any Franchisee operations performed during non-payment periods will be deducted from the Franchisee's security deposit. 4. Scope of Franchised Services. Franchisee shall have the right, utilizing its own employees and contractors, to provide taxicab services to customers originating service within the territorial boundaries of the City. Franchisee shall be permitted to utilize employees, licensed subcarriers, or a combination thereof to achieve its full complement of vehicles and drivers. The City reserves the right to approve in advance the form and content of any agreement to be used between Franchisee and its licensed drivers. Taxicab services shall be provided in full compliance with the requirements of this Agreement and Chapter 5.72 of Title 5 of the Hermosa Beach Municipal Code. Franchisee and its drivers, coordinators, and other personnel shall, in the performance of all duties pursuant to this Agreement, conduct themselves with the highest degree of • courtesy and service. The Franchisee shall be directly and solely responsible for the conduct of its drivers, coordinators, or other personnel utilized under this Agreement. Franchisee agrees to abide by any and all: (1) applicable rules, regulations, orders, and restrictions now in force or which may be hereafter adopted by City with respect to its operations, including but not limited to any "starter program" established by City in the downtown area of Hermosa Beach; (2) orders, directives, or conditions issued, given, or imposed by the City with respect to the use of roadways, driveways, curbs, sidewalks, and parking areas in and about the City; (3) applicable laws, ordinances, statutes, rules, regulations, or orders of any governmental authority lawfully exercising jurisdiction within the City. Franchisee agrees to operate its vehicles in City only when a current and valid decal or sticker has been permanently affixed to the vehicle in the appropriate location. Failure to have a current and valid decal or sticker affixed on a vehicle while operating in City shall mean that Franchisee does not have City approval to operate said vehicle in City, which shall constitute a material breach of this Agreement. City reserves the right • to determine the frequency of and occasions when new or replacement decals or stickers maybe issued. 5. Rates. Franchisee's taxicabs shall charge those rates for taxicab service approved by the City Council. Franchisee shall provide a ten percent (10%) discount on all rides to senior citizens (age 55 and older). 6. Operational Requirements. . Meters. Each and every taxicab operated under the franchise shall be equipped with a working meter to calculate the fares. All trips under this franchise agreement shall be metered, except for approved flat fee trips. In order to provide flat fee trips, Franchisee must submit for City approval a list of destinations available for flat fee trips and the total cost of each trip. All flat fee trips must originate in Hermosa Beach. City reserves the right to audit meters and vehicles for accurate measurement and metering of fares. All meters shall be in compliance with Los Angeles County Department of Weights and Measures specifications and standards for taxi/vehicle for hire meters. Routing. Franchisee shall, at all times, utilize the most cost effective routing of trips when transporting passengers pursuant to the franchise authority provided under this Agreement, unless otherwise instructed by the passengers. i • • C. Nonsmoking vehicles/drivers. Franchisee shall provide, upon request, non-smoking vehicles for patrons. The Franchisee shall advise those requesting such vehicles of the time delay, if any, associated with specifying a non-smoking vehicle. Drivers shall refrain from smoking while in the presence of customers. D. Radios. Each vehicle shall be equipped with a functional two-way radio and/or a mobile display terminal capable of being used to communicate with its central dispatching office at all times while operating in the City. E English speaking drivers. Personnel hired or contracted by the Franchisee who have dealings directly with the public they are serving, such as drivers and dispatchers, shall be proficient in the English language and be able to communicate effectively with the public. The City may require Franchisees to provide independent third party verification of the driver's ability. F. Response to complaints. Franchisee shall be required to log and resolve all written and oral complaints received from the public or City within 10 business days. Franchisee shall respond in writing to complaints received • and shall report to City the results of any investigation or actions taken. G. Drug/Alcohol testing. Franchisee shall have a drug -testing program in place for all personnel (employee and contract). Franchisee shall return to the City the driver permit for any driver who fails a random drug/alcohol test. Drivers who fail a random test shall not be eligible to have their permit reinstated until authorized by a City of Hermosa Beach representative. Test results for any driver who fails a random test shall immediately be forwarded to the City of Hermosa Beach. H. ADA compliance. Franchisee shall comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the performance of its taxicab services under this Agreement. L Driver uniforms. Each of Franchisee's drivers shall wear a distinctive uniform that projects a professional appearance and clearly identifies the wearer as and employee of Franchisee. This uniform(s) shall be subject to approval by the City. All clothing must be neat and clean. Driver identification cards. Franchisee's drivers and coordinators shall wear a valid photographic identification badge issued by the City at all times while in the City. Upon termination of a driver, Franchisee shall be responsible for a timely retrieval of City badges and returning of said badges to the City. lb • K. Driver training. Franchisee shall submit to the City and maintain throughout the term of this Agreement a program for training its drivers pursuant to a training manual developed by Franchisee. Franchisee shall require all of its drivers, including drivers hired after execution of this Agreement, to attend the training program. The program content shall be subject to review and approval by City and shall include, but not be limited to, the following: City Rules and Regulations, vehicle inspection, vehicle safety procedures, knowledge of traffic laws, passenger assistance and customer service, effective communication skills, and knowledge of Franchisee's authorized service area and passenger fares. Each driver must be full qualified to operate the vehicles specified herein and must possess a valid California Driver's License of the appropriate class. L. Fingerprinting of drivers. The Franchisee, at its expense shall make each of its drivers available for fingerprinting and a background investigation to be performed by the Hermosa Beach Police Department prior to issuance of an identification card. Drivers who currently possess a valid City of Hermosa Beach Taxicab Identification Card and who are currently employed by the company(s) awarded the franchise will be required to complete an updated application packet. However, those drivers will not be required to submit to another fingerprint check. . VehicIes. A. Franchisee shall report to the City, the manufacturer, model year, vehicle type, vehicle identification number ("VIN"), license plate number, company identification number, passenger capacity, and proof of commercial registration for each of Franchisee's vehicles used in its operation in the City. At the commencement of this Agreement, all vehicles shall be no more 'than seven (7) model years old. Each vehicle operated under this franchise agreement shall be clean inside and out, free of exterior body damage, mechanically safe, and in excellent working order. The City reserves the right to object to any of Franchisee's vehicles, and to require that the vehicle be cleaned, repaired, or removed from service. B. Franchisee shall file with the City a description (either photographic or otherwise) adequate to identify the color scheme and markings common to Franchisee's vehicles and distinguish them visually from vehicles used by other operators. C. When a Franchisee replaces a vehicle due to damage or another reason, the replacement vehicle must be no more than seven (7) model years old: A vehicle inspection report will be required before receiving a permit to use it in the City. • • D. Franchisee shall submit a copy of its vehicle maintenance program, including its preventative maintenance program, to the City, which will be in effect throughout the term of this agreement. This program shall be in accordance with the vehicle manufacturer's warranty specifications and any applicable State and Federal laws. Such program shall describe the maintenance facility to be used, schedule of maintenance, and maintenance record keeping. The City shall have the right to inspect Franchisee's maintenance records and facilities during regular business hours and its vehicles or an unscheduled, unannounced basis to audit said program for compliance with this agreement. E. Each, vehicle shall be subject to inspection by the City at any time. Vehicles that fail inspection shall not be used to pick up passengers until deficiencies are corrected. 8. Insurance. Franchisee shall have and maintain in place, all of the insurance coverage as specified below. The Franchisee shall comply with all items specified by this Agreement. All insurance policies secured to satisfy the requirements imposed hereunder shall be issued by insurers authorized to do business in the State of California. Insurers shall have a current A.M. Best's Rating of not less than A -VII unless otherwise approved by City. The Insurance Endorsement Forms attached to the Request for Proposals shall be utilized to provide evidence of insurance. Franchisee shall maintain the types of insurance and limits as follows: • (1) COMMERCIAL GENERAL LIABILITY INSURANCE - a policy for occurrence coverage, including all coverage provided by and to the extent afforded by Insurance Services Office Form CG0001 ed. 11/88 or 11/85, with no special limitations affecting City. The limit for all coverage under this policy shall be no less than $1,000,000 dollars per occurrence. City, its employees, officials, volunteers and agents; shall be added as additional insured by endorsement to the policy. The insurer shall agree to provide the City with (30) days prior written notice of any cancellation, non -renewal or material change in coverage. The policy shall contain no provision that would make this policy excess over, contributory with, or invalidated by the existence of any insurance, self- insurance or other risk- financing program maintained by City. In the event the policy contains such an "other insurance" clause, the policy shall be modified by endorsement to show that it is primary for any claim arising out of the work performed under this Agreement. The City of Hermosa Beach Insurance Endorsement Form No.1 (General Liability) must be executed by the applicable underwriters. (2) COMMERCIAL AUTO LIABILITY INSURANCE - a policy including all coverage provided by and to the extent afforded by Insurance Services office form CA 0001, ed. 12/93, including Symbol 1 (any auto) with no special limitations affecting the City. The limit for bodily injury and property damage shall be no less than $1,000,000 dollars per accident. City, its employees, officials, volunteers and agents, shall be added as additional insured by endorsements to the policy. The insurer shall agree to provide the City with thirty (30) days prior written notice of any cancellation, non- renewal or material change in coverage. The policy shall contain no provision that would make this policy excess over, contributory with, or invalidated by the existence of any insurance, self-insurance or other risk -financing program maintained by City. In the event the policy contains such an "other insurance" clause, the policy shall be modified by endorsement to show that it is primary for any claim arising out of the work performed under this Agreement. The City of Hermosa each Insurance Endorsement Form No.2 (Auto) must be executed by the applicable insurance underwriters. (3) WORKERS COMPENSATION INSURANCE - a policy which meets all statutory benefit requirements of the Labor Code, or other applicable law, of the State of California. Employers Liability Insurance with a minimum limits of no less than one million dollars ($1,000,000) per claim. The policy shall contain, or be endorsed to include, a waiver of subrogation in favor of City. Additional Requirements. The procuring of such required policies of insurance shall not be construed to limit Franchisee's liability hereunder, or to fulfill the indemnification provisions and requirements of this Agreement There shall be no recourse against City for payment of premiums or other amounts with respect thereto. City shall notify Franchisee in writing of changes in the insurance requirements. If Franchisee does not deposit copies of acceptable insurance policies with City incorporating such changes within sixty (60) days of receipt of such notice, Franchisee shall be deemed in default hereunder. Any deductibles or self-insured retentions must be declared to and approved by City. Any deductible exceeding an amount acceptable to City shall be subject to the following changes: (1) Either the insurer shall eliminate, or reduce, such deductibles or self-insured retentions with respect to City and its officials, volunteers, employees and agents (with additional premium, if any, to be paid by Franchisee); or (2) Franchisee shall provide satisfactory financial guarantee for payment of losses and related investigations, claim administration, and defense expense. Verification of Compliance. Franchisee shall furnish City with original endorsements effecting coverage required by this Agreement. The endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before work commences. Not less than fifteen (15) days prior to the expirationdate of any policy of insurance required by this Agreement, Franchisee shall deliver to City a binder or certificate of insurance witli respect to each renewal policy, bearing a notation evidencing payment of the premium therefor, or accompanied by other proof of payment satisfactory to City. All late payments are subject to a ten percent penalty during the first ten days of the contract period, increased to fifteen percent during days eleven through twenty, and twenty percent for days twenty-one through thirty. Non-payment of franchise fees is grounds for immediate termination of the contract at any time. Proceeds for any Franchisee operations performed during non-payment periods will be deducted from the Franchisee's security deposit. t 9. Record Keeping. Franchisee shall at all times during the term of this Agreement maintain and keep permanent books, ledgers, journals, and other records wherein are kept entries accurately reflecting all gross revenue derived from the business transacted in the City. In addition, Franchisee shall keep and maintain a daily record of all "trips" and the passenger counts and fares collected from each trip with supporting verifiable documents showing the driver's name and signature, actual arrival and departure trip times, registration number of vehicle, and reservation numbers, if applicable. City may require Franchisee to use City's forms for said records. It is agreed that examination of the books, ledgers, journals, and accounts of Franchisee will be conducted in accordance with generally accepted auditing standards applicable in the circumstances and that as such, said examinations do not require a detailed audit of all transactions. City may use testing and sampling methods in verifying reports submitted by Franchisee. Deficiencies ascertained by the use of such testing and sampling methods by applying the percentages of error obtained from such testing and sampling to the entire period of reporting under examination will be binding upon Franchisee and to that end shall be admissible in court to prove any amounts due City from Franchisee. 10. Security Deposit. Franchisee shall deposit and maintain with City a security deposit in the amount of Ten Thousand dollars ($10,000), against which City may deduct any delinquent fees, liquidated damages, or other charges incurred pursuant to any provision or by virtue of a violation of this Agreement. The security deposit shall take the form of either a cashier's check payable to -the City of Hermosa Beach, a bond guaranteeing payment, or such other form as is acceptable to Finance Director, and shall be subject to approval as to legal form by the City Attorney. 11. Advertising. Franchisee shall, at his own expense, provide advertising to the Hermosa Beach public and businesses of the availability of its services. 12. Assignment of Agreement. Franchisee shall not, in any manner, directly or indirectly, by operation of law or otherwise, assign, hypothecate, transfer, or encumber this Agreement, or the rights herein granted, or any portion thereof or any interests therein, without the prior written consent of City. Consent to one assignment shall not be deemed to be a consent to any subsequent assignment. When and if the proper consent of the City to an assignment is received, the -terms and conditions of this Agreement shall be binding upon and shall insure to the benefit of the successors, heirs; and assigns of the parties hereto. 13. Representative of Franchisee. Franchisee shall at all times retain one (1) qualified representative authorized to represent and act for it in matters pertaining to its operation, and shall keep City informed in writing of the identity of each such person. 14. Customer Service Cards. The City reserves the right to place either a placard or cards within the passenger area of each cab informing customers of the City's representative who may be contacted if the patron would like to comment on the service • • provided. Additionally, the Franchisee may be required to produce, display and make available customer survey cards for patrons. 15. Indemnification. Franchisee shall indemnify, defend, and hold harmless City, and its officers, agents and employees, from and against any and all liability, damages, expenses, causes of action, suits, claims, costs, fees, penalties, or judgments, of any nature whatsoever, including reasonable attorneys fees and costs of suit, brought by or owed to third parties, arising out of or in connection with the operations and activities of Franchisee and its drivers and other personnel in the exercise of its rights and performance of its operations under this Agreement. 16. Suspension and Termination. A. City shall have the right to terminate this Agreement without cause by giving ninety (90) days written notice to Franchisee. Upon receipt of a notice of termination, Franchisee shall: (1) promptly discontinue all services in the City; (2) promptly remove all vehicle decals; and (3) promptly return all driver identification cards issued by the City. In the event of a termination, City will refund on a pro rata basis the franchise fee paid for that year of service and will return the security deposit remaining on deposit with City. City shall have the right to suspend Franchisee's operations under the franchise in the event of a lapse in required insurance or any other violation.of this Agreement or of the provisions of Chapter 5.72 of the Hermosa Beach Municipal Code that, in the judgment of the City Manager, create an immediate safety hazard. In the event of a suspension, all Franchisee's taxicab operations in the City shall cease until such time as the suspension is lifted. The suspension shall remain in effect for as . long as the violation remains uncured. All terms and specifications of this Agreement are material and binding, .and failure to perform any portion of the work described herein shall be considered a breach of this Agreement. Failure or delay by Franchisee to perform any term or provision of this Agreement constitutes a default under this Agreement. Upon receipt of notice in writing from City, the Franchisee must immediately commence to cure, correct, or remedy such failure or delay and shall complete such cure, correction or remedy with reasonable diligence. The City may exercise any the rights and remedies for default set forth in this Section if a default continues for a period of seven (7) days after written notice to Franchisee unless, if the nature of the default is such that more than seven (7) days are reasonably required for its cure, then Franchisee shall not be deemed to be in default if it has commenced a cure within the seven (7) day period and thereafter diligently prosecutes such cure to completion within thirty (30) days after receipt of written notice thereof. No additional time to cure shall be allowed for failure to pay any amount due to City under this Agreement, or if the nature of the default is such that the health, welfare, or safety of the public is endangered as determined by the City Manager. The notice of default shall specify the nature of the default. Delay in giving a notice of default shall not constitute a waiver of any default nor shall it change the time of default. Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, nor deprive either party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. City reserves the right to terminate this Agreement in the event that Franchisee fails to cure any default within the required time. City shall further have the right to terminate this Agreement if Franchisee violates any material provision of any applicable law or ordinance; fails to maintain the insurance required by Section 8 or fails to pay to City any monies due City pursuant to this Agreement (and fails to remedy such default within five (5) days after written notice thereof from City); fails to maintain in force all required licenses and permits; violates any orders or filings of any regulatory body having jurisdiction over Franchisee relative to its operations under this Agreement, provided that Collector may contest any such orders or filings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred until a final decision adverse to. Franchisee is entered; if Franchisee fails to make any payment required. under this Agreement and/or refuses to provide City with required information, reports, and/or records in a timely manner as provided for in this Agreement; if Franchisee practices, or attempts to practice, any fraud or deceit upon City; or if Franchisee commits more than three defaults within a twelve month period, regardless of whether they are cured. Franchisee may respond in writing to a notice of intent to terminate from the City Manager. The matter will then be referred to the City Council for consideration pursuant to this Section. The City Council will set the matter for a hearing and the City Clerk shall give Collector thirty (30) days written notice of the time and place of the hearing. At the hearing, the City Council shall consider the all relevant evidence and testimony and if the City Council determines that the Franchisee is in breach of this Agreement as above described, the Council, in the exercise of its discretion, may order Franchisee to take remedial actions to cure the breach or impose any other remedy in accordance with this Agreement, including but not limited to termination. The decision or order of the City Council shall be final and binding. 17. Independent Contractor. Franchisee is, and shall at all times remain as to City, a wholly independent contractor. Franchisee shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Franchisee or any of Franchisee's employees, except as set forth in this Agreement. Franchisee shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. Franchisee shall be solely responsible for the acts and omissions of its officers, employees, subcontractors and agents. Franchisee or its officers, employees, subcontractors and agents shall obtain any rights to retirement benefits, workers' compensation benefits, or any other benefits that accrue to City employees by virtue of their employment with City. 18. Governing Law. This law of the State of California shall govem this Agreement. In the event of litigation between the parties, venue in State trial courts shall lie exclusively in Los Angeles County. In the event of litigation in a United States • District Court, exclusive venue shall lie in the Central District of California. 19. Attorney Fees. Should legal action be brought by either party to enforce any provision of this Agreement, the prevailing party in such action shall be entitled to its actual attorneys' fees, court costs, and other litigation expenses including, without limitation, expenses incurred for preparation and discovery, expert witness fees, and expenses relating to appeals, if any. The entitlement to recover such fees, costs and expenses shall accrue upon the commencement of the action regardless of whether the action is prosecuted to final judgment. 20. Binding on Successors. The provisions of this Agreement shall inure to the benefit to and be binding on the 'successors and permitted assigns of the parties. 21. Parties In Interest. Nothing in this Agreement, whether.express or implied, is intended to confer any rights on any persons other than the parties to it and their representatives, successors and permitted assigns. 22. Waiver. The waiver by either party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach or violation of the same or any other provision. The subsequent acceptance by either party of any monies that become due hereunder shall not be deemed to be a waiver of any preexisting or concurrent breach or violation by the other party of any provision of this Agreement. 23. Entire Agreement. This Agreement represents the full and entire Agreement between the parties regarding the matters covered herein. 11 24. Captions. The captions in this Agreement are for convenience of reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions. 25. References to Laws. All references in this Agreement to laws shall be understood to include such laws as they may be subsequently amended or recodified, unless otherwise specifically provided. 26. Interpretation. This Agreement shall be interpreted and construed reasonably and neither for nor against either party, regardless of the degree to which either party participated in its drafting. Each of the parties has received the advice of legal counsel prior to signing this Agreement. Each party acknowledges no other party or agent or attorney has made a promise, representation, or warranty whatsoever, express or implied, not contained herein concerning the subject matter herein to induce another party to execute this Agreement. The parties agree no provision or provisions may be subject to any rules of construction based upon any party being considered the party "drafting" this Agreement. • 27. Amendment. This Agreement may not be modified or amended in any respect except by a writing signed by the parties. 28. Discrimination. Franchisee shall not discriminate in any of its operations based upon race, color, creed, religion, sex, marital status, age, disability, national origin, ancestry or medical condition. 29. Conflict of Interest. Franchisee confirms that it has no financial, contractual, or other interest or obligation that conflicts with or is harmful to performance of its obligations under this Agreement. Franchisee shall not during the term of this Agreement knowingly obtain such an interest or incur such an obligation, nor shall it employ or. subcontract with any person for performance of this Agreement who has such incompatible interest or obligation. 30.- Notice. All notices pennitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party's representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. 12 CITY OF HERMOSA BEACH 1315 Valley Drive Hermosa Beach, CA 90254 Attention: Chief of Police FRANCHISEE: Administrative Services Cooperative 2129 West Rosecrans Avenue Gardena, California 90248 Attention: AN -i P4 /,- meg- 31. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement on behalf of the party for whom they are signing. 32. Severability. If any non -material provision of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement that shall be enforced as if such invalid or unenforceable provision had not been contained herein. 13 Executed as of the day first above stated: For City of Hermosa .- ;AL;1,,-/l Steve : • el City Manager •p • ved as to orm: it Michael Jenkins City Attorney Attest: City Clerk ach 14 For Franchisee 2-M Name: Q4 r 6 ,r, v `! Title: Pim T' • Honorable Mayor and Members of the Hermosa Beach City Council e 1, 2006 03.*:" Regular Meeting of June 9, 2006 SUBJECT:. AMENDMENT TO THE CITY'S BUILDING CODE ADDING NEW PEDESTRIAN PROTECTION REQUIREMENTS FOR CONSTRUCTION AND DEMOLITION JOB SITES AND NEW PENALTY PROVISIONS FOR RELATED CODE VIOLATIONS : Recommendation: That the City Council: 1. Waive full reading and introduce the ordinance. 2. Direct staff to return with a resolution amending the penalty provisions for violations of the subject ordinance. Background: Section 3303 of the California Building Code requires pedestrian protection for construction in proximity to the public way. The protection typically involves installation of a construction fence and an overhead canopy. Once a demolition permit is issued, a builder may erect the protection (fence and canopy) immediately or may delay doing so which puts the public at risk if demolition or construction proceeds without it. An inspector may not be called to a job site for an extended period of time following demolition and the delay in installing protection may not occur until a building inspector visits the job site and orders the installation. I In order to deal with this condition, the code enforcement officer has created a log of all new construction and demolition projects to track compliance on a weekly basis. However, even with the tracking system, it is difficult to always catch violations before work commences since the actual start of demolition or construction is unknown. Therefore, staff is recommending a code revision to clarify the requirements and to increase the penalty provisions for violations. Analysis: The draft Ordinance provides for the following: 1 That all new construction or demolition sites must install protective fencing regardless of distance to the property line. (Currently the requirement is only for projects within 6 feet or less of the property line) 2. Submittal of a demolition plan that includes all areas of required pedestrian protection. The plan will be required prior to issuance of either demolition or building permits and must be prepared by a licensed contractor or engineer and indicate the proposed protection system to be installed and the method of installation. When conditions make installation of a canopy impractical (i.e. a narrow street or alley) an alternative method may be shown on the plan such as pedestrian diversion through use of flagmen and barriers. 2 3 For remodeling of existing buildings on the second floor or above, (i.e., decks, balconies, second floor additions) a builder or owner must submit a pedestrian protection plan showing the proposed protection system and the method of installation, or indicate why pedestrian protection is not required (due to distance of construction from property line). 4. Establish a new more punitive penalty schedule for violations. 3 5. Whenever any work encroaches into the public right of way or involves pedestrian diversion, the Public Works Department shall be contacted regarding encroachment permits and demolition plan approval. 6c Sol Blumenfel i. Di ector Rick )lrgan, Director Community D velopment Department Public Works Department Concur: Stephen R. Burrell, City Manager Notes: 1. Canopies over adjacent public streets and/or walkways are required for all demolition, new buildings, and all work on the 21'd story or higher; including; new 2nd floor, roof decks, signs and balconies. Exception: Where installation of a canopy is impractical due to physical configuration of the site or adjacent public rights of way, the owner/builder may submit a plan for considerationto the Community Development Department. The plan must indicate number of personnel (i.e. flagmen and equipment i.e. cones, barricades and/or signs to ensure the safety of the public.). 2. Demolition permits will include requirement for canopies and fences installed prior to the commencement of any demolition activities. New construction sites shall be fenced during any staging of supplies or equipment, excavation or construction activity. Canopies shall be installed on new construction sites prior to the final foundation inspection. 3 Proposed Penalties for Violations Consider as Infractions - Amend Hermosa Beach Municipal Code Section 1.12.010. B as follows; Any violation deemed to be an infraction of this code shall be punishable by: (1) a fine not exceeding five hundred dollars ($500.00) for the first violation; (2) a fine not exceeding six hundred dollars ($600.00) for the second violation of the same ordinance within one year; and (3) a fine not exceeding seven hundred dollars ($700.00) for each additional violation of the same ordinance within one year. (Any ordinance passed by the council after July 1, 1984, which does not specify that its violation constitutes a misdemeanor shall constitute an infraction as provided in this section. The City Council may also want to implement an administrative penalties program which will allows the City to recovery cost through a city administered hearing process. All infractions such as zone code infractions and the subject municipal code amendment could be processed under an administrative penalties program. Attachments: 1. Ordinance 2 .2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • ORDINANCE NO. 06 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE BUILDING CODE (CHAPTER 15.04) TO REQUIRE THE INSTALLATION OF FENCING AND PEDESTRIAN PROTECTION ON CONSTRUCTION AND DEMOLITION SITES AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE The City Council of the City of Hermosa Beach does hereby ordain as follows: SECTION 1. Findings. The City Council hereby finds as follows: Construction and demolition projects in the City are often adjacent to the public right of way. The purpose of this Ordinance is to assure that the public is protected from the risk of falling materials through the installation of fencing and pedestrian protection. SECTION 2. The City Council held a duly -noticed public hearing on June 20, 2006 to consider the amendment to the California Building Code relative to adoption of this Ordinance requiring the installation of fencing and pedestrian protection at demolition and construction sites at which the Council took testimony from interested persons prior to deliberating and taking action. SECTION 3. Chapter 15.04 of Title 15 of the Hermosa Beach Municipal Code is amended by adding thereto a new Section 15.04.140 to read as follows: 15.04.140 Fencing and pedestrian protection shall be required at all building and demolition sites as follows: 1. All new construction or demolition sites must install protective fencing consistent with California Building Code 3303 and Table 33-A regardless of distance to the property line. 2. Submittal of a Pedestrian Protection Plan identifying all areas of required pedestrian protection. Prior to the issuance of either demolition or building permits said plan must be prepared by a licensed contractor or engineer and indicate the proposed protection system to be installed and the method of installation. When conditions make installation of a canopy impractical (i.e. a narrow street or alley) an alternative method may be shown of the plan such as pedestrian diversion through use of flagmen and barriers. 3. For remodeling of existing buildings on the second floor or above, (i.e. decks, balconies, second floor additions) a builder or owner must submit a Pedestrian Protection Plan showing the proposed protection system and the method of installation, or indicate why pedestrian protection is not required (due to distance of construction from property line). 4. Any work encroaching into the public right of way or involving pedestrian protection diversion shall require Public Works Department approval of permits and pedestrian Protection. SECTION 4. Adoption of this Ordinance is not a project within the meaning of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the State CEQA Guidelines. SECTION 5. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. . SECTION 6. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the "Easy Reader", a weekly newspaper of general circulation published and circulated in the City of Hermosa Beach, in the manner provided by law. 05-1253 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • SECTION 7. 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 on 13th of June 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN: PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 05-1253 3303 . 3303.7.4 SECTION 3303 — PROTECTION OF PEDESTRIANS DURING CONSTRUCTION OR DEMOUTION 3303.1 General. No person shall use or occupy a street, alley or public sidewalk for the performance of work under a building per- mit except in accordance with the provisions of this chapter. No person shall perform any work on any building or structure adjacent to a public way in general use by the public for pedestrian travel unless the pedestrians are protected as specified in this chapter. Any material or structure temporarily occupying public prop- erty, including fences and walkways, shall be adequately lighted between sunset and sunrise. For additional requirements for temporary buildings or struc- tures, see Section 3103. 3303.2 Thmporary Use of Streets and Alleys. The use of public property shall meet the requirements of the public agency having jurisdiction. Whenever requested, plot plans and construction de- tails shall be submitted for review by the agencies concerned. 33033 Storage on Public Property. Material and equipment necessary for work to be done under a permit shall not be placed or stored on public property so as to obstruct free and convenient ap- proach to and use of any fire hydrant, fire or police alarm box, util- ity box, catch basin, or manhole or so as to interfere with the free flow of water in any street or alley gutter. 3303.4 Mixing Mortar on Public Property. The mixing or handling of mortar, concrete or other material on public property shall be done in a manner that will not deface public property or create a nuisance. 33033 Protection of Utilities. A substantial protective frame and boarding shall be built around and over every street lamp, util- ity box, fire or police alarm box, fire hydrant, catch basin, and manhole that may be damaged by any work being done under the permit. This protection shall be maintained while such work is be- ing done and shall not obstruct the normal functioning of the device. 3303.6 Walkway. A walkway not less than 4 feet (1219 mm) wide shall be maintained on the sidewalk in front of the building site during construction, alteration or demolition unless the public agency having jurisdiction authorizes the sidewalk to be fenced and closed. Adequate signs and railings shall be provided to direct pedestrian traffic. Railings shall be provided when required by Section 3303.7. The walkway shall be capable of supporting a uniform live load of 150 pounds per square foot (psf) (7.18 kN/m2). A durable wear- ing surface shall be provided. 3303.7 Pedestrian Protection. 3303.7.1 Protection required. Pedestrian traffic shall be pro- tected by a railing on the street side when the walkway extends into the roadway, by a railing adjacent to excavations and by such other protection as set forth in Table 33-A. The construction of such protective devices shall be in accordance with the provisions of this chapter. 3303.7.2 Railings. Railings shall be substantially built and, when of wood, shall be constructed of new material having a nom- inal size of at least 2 inches by 4 inches (51 mm by 102 mm). Rail- ings shall be at least 3 feet 6 inches (1067 mm) in height and, when adjacent to excavations, shall be provided with a midrail. 1-298 2001 CALIFORNIA BUILDING CODE 3303.7.3 Fences. Fences shall be solid and substantially built, be not less than 8 feet (2438 mm) in height above grade and be placed on the side of the walkway nearest to the building site. Fences shall extend the entire length of the building site and each end shall be returned to the building line. Openings in such fences shall be protected by doors that are nor- mally kept closed. All fences shall be provided with 2 -inch -by -4 -inch (51 mm by 102 mm) plates, top and bottom, and shall be well braced. The fence material shall be a minimum of 3/4 -inch (19.1 mm) boards or 1/4 -inch (6.4 mm) plywood. PIywood fences shall conform to the following requirements: 1. Plywood panels shall be bonded with an adhesive identical to that for exterior plywood. • 2. Plywood 1/4 inch (6.4 mm) or 3/46 inch (7.9 mm) in thickness shall have studs spaced not more than 2 feet (610 mm) on center. 3. Plywood 3/8 inch (9.5 mm) or 1/2 inch (12.7 mm) in thickness shall have studs spaced not more than 4 feet (1219 mm) on center, provided a 2 -inch -by -4 -inch (51 mm by 102 mm) stiffener is placed horizontally at the midheight when the stud spacing ex- ceeds 2 feet (610 mm) on center. 4. Plywood 5/8 inch (15.9 mm) or thicker shall not span over 8 feet (2438 mm). 3303.7.4 Canopies. The protective canopy shall have a clear height of 8 feet (2438 mm) above the walkway. The roof shall be tightly sheathed. The sheathing shall be 2 -inch (51 mm) nominal wood planking or equal. Every canopy shall have a solid fence built along its entire Iength on the construction side. If materials are stored or work is done on the roof of the canopy, the street sides and ends of the canopy roof shall be protected by a tight curb board not less than 1 foot (305 mm) high and a railing not less than 3 feet 6 inches (1067 mm) high. The entire structure shall be designed to carry the loads to be im- posed on it, provided the live load shall not be less than 150 psf (7.18 kN/m2). In lieu of such design, a protection canopy support- ing not more than 150 psf (7.18 kN/m2) may be constructed as fol- lows: 1. Footings shall be continuous 2 -inch -by -6 -inch (51 mm by 152 mm) members with scabbed joints. 2. Posts not less than 4 inches by 6 inches (102 mm by 152 mm) in size shall be provided on both sides of the canopy and spaced. not more than 12 feet (3658 mm), center to center. 3. Stringers not less than 4 inches by 12 inches (102 mm by 305 mm) in size shall be placed on edge upon the posts. 4. Joists resting upon the stringers shall be at least 2 inches by 8 inches (51 mm by 305 mm) in size and shall be spaced not more than 2 feet (610 m), center to center. 5. The deck shall be of planks at least 2 inches (51 mm) thick nailed to the joists. 6. Each post shall be knee -braced to joists and stringers by members 4 feet (1219 mm) long, not less than 2 inches by 4 inches (51 mm by 102 mm) in size. 7. A curb not less than 2 inches by 12 inches (51 mm by 305 mm) in size shall be set on edge along the outside edge of the deck. EXCEPTION: Protection canopies for new, light -frame construc- tion not exceeding two stories in height may be designed foraliveload of 75 psf (3.59 kN/m2) or the loads to be imposed on it, whichever is the greater. • 2001 CALIFORNIA BUILDING CODE 3303.8 Maintenance and Removal of Protective Devices. 3303.8.1 Maintenance. Pedestrian protection required by Sec- tion 3303.7 shall be maintained in place and kept in good order for the entire length of time pedestrians may be endangered. 3303.8.2 Removal. Every protection fence or canopy shall be removed within 30 days after such protection is no longer required by this chapter for protection of pedestrians. 3303.8-3303.9 TABLE 33-A 3303.9 Demolition. The work of demolishing any building shall not commence until the required pedestrian protection structures are in place. The building official may require the permittee to submit plans and a complete schedule for demolition. Where such are required, no work shall be done until such plans or schedule, or both, are ap- proved by the building officiaL TABLE 33-A—TYPE OF PROTECTION REQUIRED FOR PEDESTRIANS HEIGHT OF CONSTRUCTION DISTANCE FROM CONSTRUCTION PROTECTION REQUIRED x 304.8 for mm 8 feet or less Less than 6 feet 6 feet or more Railing None More than 8 feet Less than 6 feet Fence and canopy 6 feet or more, but not more than one fourth the height of construction Fence and canopy 6 feet or more, but between one fourth to one half the height of construction Fence 6 feet or more, but exceeding one half the construction height None 1-2981 • Honorable Mayor and Members of the Hermosa Beach City Council June 7, 2006 Regular Meeting of June 9, 2006 SUBJECT: STATUS REPORT ON AMENDMENTS TO LOT MERGER ORDINANCE Recommendation: Direct staff to proceed with a Municipal Code Amendment. 6/) 2/0-6 Background The City Council previously directed staff to identify problems with the existing code relating to lot mergers and provide a status report on revising it. The original law was adopted in 1987 as part of a citywide lot merger program. Analysis: The deficiencies that must be corrected in the current ordinance include: ■ A clearer definition of criteria for merging lots to replace the current 80% rule which allows merger if not more than 80% of the lots on the block have already been split). The law should more clearly addresses neighborhood consistency. (Section 16.20.030) ■ Require that lot mergers are mandatory if the property meets the merger requirements under the law. The current law states the Commission may merge lots if certain criteria are met. ■ The lot merger guidelines are difficult to interpret and must be clarified for blocks that do not contain a uniform pattern. The current definition is basically intended to relieve the requirement for merger on blocks that already have an established character of split lots. • The definition of a "block" must be clarified as it relates to neighborhood consistency. ■ The lot merger regulations prohibiting permit issuance if merger criteria are met are unclear relative to timing. The law must be clarified to establish when this provision applies.to a ■ property since its intent is to prohibit such sales if they are intended to undermine the lot merger law. (Section 16.20.120) • The public notification requirements should be made consistent with all public notices in the • City. (Section 16.20.050). • Eliminate duplicate and conflicting lot merger provisions in the Zoning and Subdivision Ordinances. Staff has alsocommenced with a preliminary survey of properties that may qualify for lot merger under. the current ordinance should the City Council wants to initiate another citywide merger program. The proposed text amendment and survey can be completed this month. Step R. urrell Ci anager Attachment: P:/LotMergerAmend CITY OF HERMOSA BEACH MUNICIPAL CODE ON-LINE SUBDIVISIONS Chapter 16.20 MERGER OF PARCELS 16.20. 010 Intent and purpose. The purpose of this section and the following sections relating to merger of parcels is to provide a procedure by which two or more contiguous parcels or units of land held by the same owner may be merged. This procedure is adopted pursuant to Sections 66541.10 through 66451.21, inclusive, of the California Government Code, and this code. Any procedure found within this chapter which is inconsistent or not authorized under the California Government Code shall not be followed. If any such procedures conflict with or are not authorized by the Government Code, the rules and procedures established under the Government Code shall be followed when implementing this chapter. (Prior code § 29.5-19) 16.20. 020 Applicability. A. The provisions set forth in this chapter for the merger of parcels shall be applicable to two or more contiguous parcels of land held by the same owner where: 1. The parcels were created under the provisions of this code regulating subdivisions or any prior state law or ordinance regulating the division of land or which were not subject to any prior law regulating the division of land; 2. At leastone of the contiguous parcels or units of land held by the same owner does not conform to standards for minimum parcel size to permit use or development under the city's zoning and/or subdivision ordinance. B. Nothing in the provisions relating to merger of parcels shall be construed or interpreted to prohibit the sale, lease or financing of such contiguous parcels of land, or any of them, where the same have not been merged pursuant to the procedure set forth in this chapter. (Prior code § 29.5-20) 16.20. 030 Requirements for merger. Any two or more contiguous parcels or units of land held by the same owner which are subject to the merger provisions set forth as provided in Section 16.20.020 may be merged if all of the following requirements are satisfied: A. The main structure is partially sited on the contiguous parcel and not more than eighty (80) percent of the lots on the same block of the affected parcel have been 2 • • split and developed separately. B. With respect to any affected parcel, one or more of the following conditions exists: 1. Comprises less than four thousand (4,000) square feet in area at the time of the determination of merger; 2. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation; 3. Does not meet current standards for sewage disposal and domestic water supply; 4. Does not meet slope stability standards; 5. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability; 6. Its development would create health or safety hazards; 7. Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards. C. The requirements set forth in subsection B of this section shall not be applicable if any of the conditions set forth in Section 66451.11(b)(A) through (E) of the California Government Code exist. D. If the merger of parcels results in the creation of a parcel that is at least eight thousand (8,000) square feet in size, the planning commission and/or city council may, with the consent of the property owner, redivide the parcel into separate parcels that are at least four thousand (4,000) square feet in size. (Prior code § 29.5-21) 16.20. 040 Determination of ownership. For purposes of determining whether contiguous parcels or units are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded pursuant to Section 16.20.050. (Prior code § 29.5-22) 16.20. 050 Notice of intention to determine status. Whenever the director of planning has knowledge that real property may be merged pursuant to the merger provisions of this chapter, he shall: A. Mail by certified mail to the then current record owner of the property a notice of intention to determine status. Such notice shall state that: 1. The affected parcels may be merged pursuant to the merger provisions of Sections 16.20.010 through 16.20.100, inclusive of this chapter, 2. The owner may file a request with the planning department any time within thirty (30) days after the date the notice of intention to determine status is recorded for a hearing before the planning commission and may present evidence at the hearing that the property does not meet the requirements for merger, and 3. That the notice of intention to determine status was filed for recording with the county recorder's office on the same date such notice was mailed to the property owner; B. File for record with the county recorder's office, on the same date that the notice is mailed to the property owner, the notice of intention to determine status. (Prior code § 29.5-23) 16.20. 060 Hearing date, fee, presentation of evidence --Planning commission determination. A. Upon receipt of a request for a hearing on determination of status and receipt of the filing fee as set forth by resolution of the city council, the director of planning shall fix a time, date and place for a hearing to be conducted by the planning commission and shall so notify the property owner by certified mail. The hearing shall be conducted not less than thirty (30) days following the receipt of the property owner's request therefor, but may be postponed or continued with the mutual consent of the planning commission and the property owner. B. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger as set forth in Sections 16.20.020 and 16.20.030. C. At the conclusion of the hearing, the planning commission shall make a determination as to whether the affected parcels are to be merged and shall notify the owner of its determination as soon thereafter as practicable, but no later than five working days after the determination has been reached. If such notification cannot be made at the time of the hearing to the owner in person, the notification shall be made by certified mail. (Prior code § 29.5-24) 16.20. 070 Merger--Notice--Effective date. A. If the planning commission or city council determines that the affected parcels are merged, the director of planning shall file for record with the county recorder's office a notice of merger specifying the names of the record owners and particularly describing the real property to be merged. B. The notice of merger for any parcel merged by the planning commission or city council shall be filed no later than thirty (30) days after the conclusion of the final hearing on determination of status. C. A merger of parcels becomes effective on the date the notice of merger is duly filed with the county recorder's office. (Prior code § 29.5-25) 16.20. 080 When parcels not merged --Release and clearance of notice of intention to determine status. If the planning commission or city council determines that the affected parcels are not to be merged, the director of planning shall: A. File for record with the county recorder's office a release of the notice of intention to determine status, recorded pursuant to Section 16.20.050, specifying the names of the record owners and particularly describing the real property to be merged; and B. Mail a clearance letter to the then current owner of record; C. The release and clearance letter shall be filed and mailed, respectively, within five working days of the date of the city council's determination or within five working days after the applicable ten-day appeal period has run following a determination of the planning commission. (Prior code § 29.5-26) • • 16.20. 090 Planning commission determination without hearing --Notice to owner. If the property owner fails to file a request for hearing within the thirty (30) day period as provided in Section 16.20.060, the planning commission may, at any time thereafter, make a determination as to whether the affected parcels are to be merged. A. If the planning commission makes a determination of merger, the director of planning shall file a notice of merger no later than ninety (90) days after the mailing of the notice of opportunity for hearing as provided in this section, and shall notify the property owner of such determination by certified mail. B. If the planning commission makes a determination of nonmerger, the director of planning shall follow the procedure set forth in Section 16.20.080. (Prior code § 29.5- 27) 16.20. 100 Appeal. A. The property owners, a member of the city council or any interested person may appeal a decision of the planning commission within ten days of such decision, file an appeal with the city clerk of the city. The city council shall consider the appeal within thirty (30) days. This appeal shall be a hearing held at no cost to the appellant with notice being given pursuant to Section 16.20.060 and with additional notice to be given to the property owner. Upon conclusion of the hearing, the city council shall declare its findings at a time not later than the next regularly scheduled city council meeting after the hearing is held. The city council may sustain, modify, or reject or overrule any recommendations or rulings of the planning commission and may make such findings as are consistent with the provisions of this chapter or the state Subdivision Map Act. B. All decisions of the planning commission regarding the merger or nonmerger of parcels shall be final, unless appealed from as prescribed in this section, or until any condition precedent to its effectiveness has been fulfilled, whichever is later in time. After final resolution of an appeal by the city council, the director of planning shall file all appropriate notices within the time limits established under Sections 16.20.070 and 16.20.080. (Prior code § 29.5-28) 16.20. 110 Industry merger. Two or more contiguous parcels, under common ownership, may be voluntarily merged without reverting to the procedures of this chapter. Such merger requires that the recordation of an instrument evidencing the merger be made with the county recorder. (Prior code § 29.5-29) 16.20. 120 Development involving contiguous parcels. It shall be prohibited to separately sell or separate two or more contiguous lots owned by the same person or legal entity that have an existing structure or improvements straddling their common property line. For property not owned by the same person or legal entity which has been conveyed in violation of this section, no permits for the demolition. construction or addition to the structure shall be issued by the building • department. (Prior code § 29.5-31) 6 Billy Vera & the Beaters ,46li3/o-& Billy Vera is a noted music historian who has produced over 200 reissue albums, including the Little Richard and Drifters box sets and the Ray Charles 50th Anniversary and the R&B Box: Thirty Years of Rhythm & Blues box sets, both nominated for Grammy awards. In addition, Billy wrote the essays accompanying the Bear Family record label's Louis Prima and Dean Martin box sets. He has a Star on the Hollywood Walk of Fame (in front of Capitol Records' Tower) and has been awarded the George Peabody Award for Excellence in Radio Broadcasting. Fact Sheet 1. At This Moment rated #1 for two weeks, January, 1987, re-released on NBC's Family lies 5 years after its initial release. 2. 1st hit record: Storybook Children duet with Judy Clay. Atlantic Records, 1967. Billy is one of the few white acts to successfully play Harlem's famed Apollo Theater. 3. 1st solo hit: With Pen In Hand, Atlantic, 1968 4. 1st hit as a songwriter: Mean Old World Ricky Nelson, 1965 5. 1st #1 as a songwriter: I Really Got The Feeling. Dolly Parton, 1979 6. Biggest selling song: Papa Come Quick (Jody & Chico) on Bonnie Raitt's Luck of the Draw - over 5 million to date 7. Performed the opening songs for the television hit series "King of Queens" and "Empty Nest". 8. 1st acting role: as Pinky Carruthers in The Adventures of Buckaroo Banzai 9. Other acting: Oliver Stone's The Doors, Blake Edwards' Blind Date with Bruce Willis & Kim Basinger, CBS's Wise Guy, plus many more TV series 10. 1st #1 as a record producer: Lou Rawis's Grammy -nominated "At Last." Produced 3 albums by Rawls for Blue Note Records The Beaters Jeff Paris: Keyboards. An L.A. native, Jeff has written R&B songs for The Four Tops, Sheena Easton & Jeffrey Osborne, and rock songs for Lifa Ford, Mr. Big and Vixen but he'd give up the security of the songwriter's life for a spot on the Beater's tour bus! Jerry Peterson: Alto, Tenor & Baritone Saxophone. Another charter member. Jerry is the crowd pleasing soloist who is noted for his playing two homs at once on "Millie, Make Some Chili." Jerry's priors include stints with Kim Carnes and Tanya Tucker. Lon Price: Soprano & Tenor Saxophone. Lon joined during the first few month of the band's existence in 1979. Prior to that, he played for Tom Jones, Al Jarreau and Elvis SUPPLEMENTAL 7b INFORMATION • • Presley, among others. Price has returned to his schooling in the music department at USC, where he has had his classical pieces performed by the school's symphony orchestra. Ron Viola: Alto & Tenor Saxophone. A charter member of the Beaters, is a Westchester County, New York homeboy of Billy Vera's. Early in his career, he put in time with that Peppermint Twist man, Joey Dee & the Starlighters. Darryl Leonard: Trumpet. A successful arranger, Darrell has played with the likes of Dr. John and Taj Mahal. He also led his own big band, Darrell Leonard's Lineup, for a number of years before joining the Beaters. Ricky Hirsch: Guitar. Mobile, Alabama's Ricky Hirsch was lead guitarist and songwriter for Wet Willie. He wrote their biggest hits, "Keep on Smilin" and "Country Side of Life." Along with the Billy Vera, Ricky co -wrote "Papa Come Quick (Jody & Chico)," an important song on Bonnie Raiff's five million selling album, Luck Of The Draw. Chuck Fiore: Bass. Chuck and Billy played in bands together back in New York before Chuck made the move to Los Angeles a couple years before his pal. He has been employed by John Denver and Phoebe Snow before becoming the organizing force behind the Beaters. Willie Omefas: Drums. Long one of the city's top studio drummers, Willie is the newest Beater, with only five years under his belt. Ornelas started out with B.J. Thomas, Bobby Bland and has played with Johnny Rivers and on Mike Post's TV scores. HONORABLE MAYOR and MEMBERS of the HERMOSA BEACH CITY COUNCIL 6 y7/ 8t0 June 6, 2006 Regular Meeting of June 13, 2006 SUBJECT: FINAL MAP NO. 61755 (C.U.P. CON NO. 04-21, PDP NO. 04-23) LOCATION: 617 AND 619 5TH STREET APPLICANT(S): MRW CONSTRUCTION, INC. 505 NORTH SEPULVEDA BLVD, SUITE 4 MANHATTAN BEACH, CA 90266 REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL MAP FOR A TWO - UNIT CONDOMINIUM PROJECT Recommendation Staff recommends approval of Final Parcel Map No. 61755 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.61755 at their October 19, 2004 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 2n • • 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: 1o451*6tDifBlume e1d,Director Communi Development Department Stephen R. B City Manager Respectsubmitted, e- on ienior Planner y/f:fm619 5th Street -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. 61755, FOR THE SUBDIVISION OF A TWO -UNIT CONDOMINIUM, LOCATED AT 617 AND 619 5TH STREET IN THE CITY OF HERMOSA BEACH, CALIFORNIA WHEREAS, on October 19, 2004, the Planning Commission of the City of Hermosa Beach conducted a duly noticed public hearing to consider the application of MRW Construction, Inc. (the "Applicant" hereinafter) for approval of Tentative Parcel Map No. 61755 and, upon conclusion of said public hearing on October 19, 2004 the Planning Commission adopted its Resolution No. 04-42 approving Tentative Parcel Map No. 61755. WHEREAS, on May 30, 2006, the Applicant filed an application for approval of Final Parcel Map No. 61755 (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. 61755 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 fmds 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. 61755 as presented. The Council further authorizes and directs the Mayor and the City Clerk to execute the Subdivision Agreement for 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 installation of public improvements required by Tentative Parcel Map No. 61755 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 13th day of June 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:b95\cd\fm619 5th street reso ONE PARCEL SHEET 1 OF 2 SHEETS 4, 325 SQ. FT. A EL VESTING AP N • 175 IN THE CITY OF HERMOSA BEACH, COUNTY OF LOS ANGELES STATE OF CALIFORNIA BEING A SUBDIVISION OF LOT 40 OF DR. DOUGHERTY' S HERMOSA BAY VIEW TRACT, AS PER MAP RECORDED IN BOOK 10, PAGE 140 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. 7 d/1 -- MIKE WOODCOCK, SUBDIVIDER RECORD OWNER: MRW CONSTRUCTION, INC., A CALIFORNIA CORPORATION 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 ` Et ° CAR BEFORE ME, z c .\A ,. (• S r 1� c-4-1'_' PERSONALLY APPEARED MIKE WOODCOCK, 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. •� Q NAME: 'E t. t 3 4 to. , r -c , tt.�- C. t). MY PRINCIPAL PLACE OF USINESS NOTARY PBLIC IN AND IS IN LOS ANGELES COUNTY, FOR SAID STATE MY COMMISSION EXPIRES kl ° ���' 07 MY COMMISSION NO. IS: LCA -1(/1 (if SURVEYOR'S STATEMENT MAY 30 206 COM, DEV. DEP 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 MIKE WOODCOCK ON JUNE 21, 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 DR. DOUGHERTY'S HERMOSA BAY VIEW TRACT, M.B. 10-140. 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 CITY ENGINEER OF T DEPUTY ��—� Re`IqE j.-:,..4/,;,, 9- 3...G.E. N0. ems® EXPIRES /2/.3//,% c.\\\ L 5 �? 33 li y COUNTY ENGINEER'S CERTIFICATE k i 251//e,4 4; F HERMOSA BEACH 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 DATE BY DEPUTY R.C.E. NO. 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 CITY PLANNER'S CERTIFICATE DATE I HEREBY CERTIFY THAT THE ANNEXED MAP CONFORMS SUBSTANTIALLY TO THE TENTATIVE MAP APPROVED BY THE PLANNING COMMISSION ON THE DAY OF , 2004 SECRETARY OF PLANNING CITY OF HERMOSA BEACH DATE WARREN GILLELEN IS AN EASEMENT HOLDER FOR WATER PIPE PURPOSES PER BOOK 1617, PAGE 47 OF DEEDS, RECORDS OF LOS ANGELES COUNTY. SAID EASEMENT IS BLANKET IN NATURE. SCALE: 1" =20' SHEET 2 OF 2 SHEETS VEST ING PARCEL MAP N 61755 IN THE CITY OF HERMOSA BEACH, COUNTY OF LOS ANGELES STATE OF CALIFORNIA FOR CONDOMINIUM PURPOSES EASTERLY LINE OF LOT 41 DR. DOUGHERTY'S HERMOSA BAY VIEW TRACT, M.B. 10--140 FD. MAG NAIL AND WASHER NO REFERENCE, ACCEPTED AS CENTER LINE INTERSECTION SOUTHERLY LINE OF LOT 23 DR. DOUGHERTY'S HERMOSA BAY VIEW TRACT, M.B. 10-140 • w e� S 76'34'00" E 40.00' a a 1 0 o 0 N a S 76'34'00" W 40.00'A 1r' e► ■ 5TH STREET N 76'34'00" E LEGEND: INDICATES THE BOUNDARY OF THE LAND BEING SUBDIVIDED BY THIS MAP WESTERLY LINE OF LOT 39 DR. DOUGHERTY'S HERMOSA BAY VIEW TRACT, M.B. 10-140 0 IN r FD. MAG NAIL AND WASHER NO REFERENCE, ACCEPTED AS CENTER LINE INTERSECTION 1 SCALE: 1 "=30' 1 PARCEL 4,598 SQ. FT. PARCELSAP NO. 26024 SHEET 1 OF 1 SHEET IN THE CITY OF HERMOSA BEACH COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BEING A SUBDIVISION OF LOT 8 AND A PORTION OF LOT 11 OF TRACT NO. 1071 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'S STATEMENT: I HEREBY STATE THAT I AM THE SUBDIVIDER OF THE LAND 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. PAUL J. LU 0 SU 1VIDER RECORD OWNERS: PAUL J. LUPO AND KAY B. LUPO EASEMENT NOTE: EASEMENT OF WARREN GILLELEN FOR UTILITY PURPOSES PER THE DOCUMENT RECORD IN BOOK 1617, PAGE 47 OF OFFICIAL RECORDS. SAID EASEMENT IS BLANKET IN NATURE. STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. ON Pict,Z.4, 2 0 0 (p -2006, BEFORE ME, T)€joo r, �-•►• �' n° PERSONALLY APPEARED PAUL J. LUPO 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. WITNESS MY HAND AND OFFICIAL SEAL. "� a SIGNATURE L.1 1• NOTARY PUBLIC IN AND FOR SAID STA NAME: '.)1DOCL'ti. \• G LY' MY PRINCIPAL PLACE OF BUSINESS IS IN LOS ANGELES COUNTY.SD ;� MY COMMISSION EXPIRES I MY COMMISSION NO 159 444-1 CONDOMINIUM NOTE: 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. SN• PER FP- gRASR.OE N O�A 0.„ENO ,r RE -T 10-714 - 14 7 7.56 00"E 40' LEGEND: 40' 40' T 12, AOT SE,L`l USE B 10 136 NO. 1071 100 NO. 0" E - CEL 1' > I- SEVl7 7.50 0 NE OF P ARCEL O P NO 1 P•M•B• 196-59-60 T 15.27 1477 3'56" OF LOT 11, g2' SO - 1 7NEM B• 1-7-136 _00r' (t.10. 100 _ �„ 147750 00 E 4,598 SQ. FT. 0 1 Z 0 0. 10' Z 0 l 'o a) g1H 00. .50,p0„E * ZRAC� OF LOT 7 NO.1071 LINE 1471 .50 00„E R ASS DISK Np�E1 g0 FO' BENGR• 11E Cts _1_2.-2- INDICATES THE BOUNDARY OF THE LAND BEING SUBDIVIDED BY THIS MAP 2 10 RECEIVED MAY 2 2 2005 COM, DEV. DEP E ENGINEER'S STATEMENT: 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 PAUL LUPO, ON OCTOBER, 2004. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. Old MICHAEL A. NICHOLS R.C.E. 22504 LANCO ENGINEERING EXP. 12-31-07 RECORD DATA WAS TAKEN FROM TRACT NO. 1071, M.B. 17-136 AND PARCEL MAP NO. 17511 P.M.B. 198-59-60. 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. 5,/ii/o DATE DONALD L. WOLFE CITY ENG'NEER DEPUTY / ,, LAND L S r2: E. 140. 73 70 � .2 SNE JEF 9L. EXP. DATE:/2/3//07 U�@� ,��,�. EXP /2/2# NO. LO07370 * 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 ,2006. DATE SECRETARY OF PLANNING CITY OF HERMOSA BEACH SPECIAL ASSESSMENT 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. DATE CITY TREASURER OF THE CITY OF HERMOSA BEACH CITY CLERK'S CERTIFICATE 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. DATE CITY CLERK OF THE CITY OF HERMOSA BEACH 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 DATE BY DEPUTY R.C.E. NO. EXPIRES