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HomeMy WebLinkAbout08/08/06"If you never bravely stick your neck out, you will never get your head above the crowds." AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, August 8, 2006 - Council Chambers, City Hall 1315 Valley Drive 7:10 p.m. MAYOR Peter Tucker MAYOR PRO TEM Sam Y. Edgerton COUNCIL MEMBERS Patrick 'Kit' Bobko Michael Keegan J. R. Reviczky CITY CLERK Elaine Doerfling CITY TREASURER John M. Workman CITY MANAGER Stephen R. Burrell CITY ATTORNEY Michael Jenkins 1 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. City Council agendas and staff reports are available for your review on the City's web site located at www.hermosabch.org. Complete agenda packets are also 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. All written communications from the public included in the agenda will be posted with the agenda on the City's website CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS 1 CITY CLERK PRESENTATIONS INTRODUCTION OF NEW POLICE CHIEF GREG SAVELLI PUBLIC PARTICIPATION: Although the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda as a business item. 1. ORAL AND WRITTEN COMMUNICATIONS Members of the public wishing to address the City Council on any items within the Council's jurisdiction, or to request the removal of an item from the consent calendar, may do so at this time. Comments on public hearing items are heard only during the public hearing. Comments from the public are limited to three minutes per speaker. Members of the audience may also speak: 1) during discussion of items removed from the Consent Calendar; 2) during Public Hearings; and, 3) during discussion of items appearing under Municipal Matters. The City Council acknowledges receipt of the written communications listed below. No action will be taken on matters raised in written communications. The Council may take action to schedule issues raised in oral and written communications for a future agenda. Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. (a) Letter from Mr. Roy Judd regarding his property at 2416 Hermosa Avenue. (b) Letter from Kristine Keegan dated July 18, 2006 regarding Hermosa Schools. 2. CONSENT CALENDAR: The following more routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless a Council member removes an item from the Consent Calendar. Items removed will be considered under Agenda Item 4, with public comment permitted at that time. (a) Recommendation to approve the following minutes: 1) Minutes of the Adjourned Regular meeting held on July 11, 2006; and, 2) Minutes of the Regular meeting held on July 11, 2006. (b) Recommendation to ratify check register. 2 • • (c) Recommendation to receive and file Tentative Future Agenda Items. (d) Recommendation to receive and file report of Customer Service Surveys/Complaints. Memorandum from City Clerk Memorandum from City Clerk Elaine Doerfling dated August 1, 2006. (e) Recommendation to accept donations of $8,000 from Pierce Promotions to be used for the Centennial Concert Series to be held in 2007-08 and $1,962.72 from anonymous donors collected at the July 23, 2006 Sunset Concert to be used for the Centennial Concert Series to be held in 2007-08. Memorandum from Finance Director Viki Copeland dated July 31, 2006. Recommendation to receive and file the action minutes of the Public Works Commission meeting of April 19, 2006. Recommendation to approve the Memorandum of Understanding with the Los Angeles Region — Imagery Acquisition Consortium (LAR -IAC) in the amount not to exceed $19,200 and authorize the City Manager to execute the agreement after approval as to form by the City Attorney. Memorandum from Public Works Director Richard Morgan dated July 31, 2006. (h) Recommendation to approve the Professional Services Agreement No. 06.012 with Kathleen McGowan to administer the City's Municipal Storm Water Management Program in connection with NPDES (National Pollutant Discharge Elimination System) permit requirements for an amount of $38,240 and authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney. Memorandum from Public Works Director Richard Morgan dated July 31, 2006. (i) Recommendation to reject all bids for Non-CIP Project No. 009-06 Pier Clock Barrier Project and authorize staff to re -advertise for bids and invite all previous bidders to re -bid the project. Memorandum from Public Works Director Richard Morgan dated August 1, 2006. (j) Recommendation to authorize the award of construction contract for CIP Project No. 04-535 Clark Field Improvements to the lowest responsive bidder, in the amount of the lowest responsive bid; authorize the Mayor to execute and the City Clerk to attest the contract subject to approval of the City Attorney; and, authorize the Director of Public Works to issue change orders as necessary within the approved budget. Memorandum from Public Works Director Richard Morgan dated August 1, 2006. 3 • • (k) Recommendation to award purchase of one (1) 2007 Chevrolet Silverado Truck in the amount of $28,462.37 (Equipment Service); award the purchase of one (1) 2007 Ford Ranger Extra Cab Truck in the amount of $17,923.32 (Public Works Inspection); authorize the reappropriation of $46,386 from FY 05-06 for Vehicle Purchases (Account numbers 715-4202-5403, 715-3202-5403 and 715-4202-5403; and, authorize staff to issue the appropriate purchase documents as required. Memorandum from Public Works Director Richard Morgan dated August 1, 2006. Recommendation to authorize the purchase and installation of radio equipment for the Fire Department from South Bay Regional Public Communications Authority not to exceed $103,862.00 and approve the reappropriation of funds from FY 05/06 to FY 06/07 in the amount of $98,670.00, account #150-2204-5405 and $5,192.00 from account #001-2202-5405. Memorandum from Fire Chief Russell Tingley dated August 1, 2006. (1) (m) (n) Recommendation to authorize the award of construction contract for the CIP Project No. 05-121 Aviation Street Tree Project to Belaire-West Landscaping, Inc. of Buena Park, California, in the amount of $170,750; authorize the Mayor to execute and the City Clerk to attest the contract subject to approval of the City Attorney; authorize the reappropriation of $137.781 from FY 05-06 account 302- 8121-4201; authorize the appropriation of $53,122 from the 301 Capital Improvement Fund; and, authorize the Director of Public Works to issue change orders as necessary within the approved budget. Memorandum from Public Works Director Richard Morgan dated August 1, 2006. Recommendation to adopt resolution approving final map #061318 for a 2 -unit condo at 315-317 Hopkins Avenue. Memorandum from Community Development Director Sol Blumenfeld dated July 31, 2006. (o) Recommendation to adopt resolution approving final map #61742 for a 2 -unit condo at 1054-1056 7th Street. Memorandum from Community Development Director Sol Blumenfeld dated July 31, 2006. 3. CONSENT ORDINANCES a. ORDINANCE 06-1270 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING DEVELOPMENT STANDARDS I NTHE ZONING ORDINANCE FOR THE R-1 ZONE EXCEPTIONS FOR SMALL LOTS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." For adoption. Memorandum from City Clerk Elaine Doerfling dated July 26, 2006. b. ORDINANCE 06-1271— "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING NEW CHAPTER 8.52 FLOODPLAN MANAGEMENT REGULATIONS AND AMENDING CHAPTER 15.04 OF THE HERMOSA BEACH MUNICIPAL CODE." For adoption. Memorandum from City Clerk Elaine Doerfling dated July 26, 2006. 4 • • 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. A CHANGE TO THE FEE CHARGED IN LIEU OF PROVIDING REQUIRED PARKING SPACES, PER SECTION 17.44.190 OF THE HERMOSA BEACH MUNICIPAL CODE. Memorandum from Community Development Director Sol Blumenfeld dated July 31, 2006. RECOMMENDATION: Adopt resolution approving an increase in the City's in -lieu parking fee from $12,500 to $28,900 per space. b. TEXT AMENDMENT TO ALLOW LARGE SPA FACILITIES IN THE C- 2 AND C-3 ZONES SUBJECT TO A CONDITIONAL USE PERMIT. Memorandum from Community Development Director Sol Blumenfeld dated July 31, 2006. RECOMMENDATION: Waive full reading and introduce ordinance amending Chapter 17.26 to add large day spas with greater than 3,000 square feet of gross floor area as a conditionally permitted use. 6. MUNICIPAL MATTERS a. PROGRESS REPORT ON NUISANCE ABATEMENT ORDER —1811 MANHATTAN AVENUE (RESOLUTION NO. 06-6459) AND 138 1sT STREET (RESOLUTION NO. 06-6467). Memorandum from Community Development Director Sol Blumenfeld dated July 26, 2006. RECOMMENDATION: Proceed with nuisance abatement at 1811 Manhattan Avenue and approve the amended resolution allowing the owner of 138 1s` Street to demolish the front unit and rehabilitate the rear unit. b. REVIEW OF A TEXT AMENDMENT FOR LOT MERGER. Memorandum from Community Development Director Sol Blumenfeld dated July 27, 2006. RECOMMENDATION: Review the issues outlined in the staff report and provide direction related to: 1. Intent of the Lot Merger Ordinance 2. Criteria for merging lots 3. Procedures for merging lots 4. Setting a date to review draft revisions to the Lot Merger Ordinance 5 • • 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER NONE 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. REPORT OF BALLOT TABULATION RESULTS FOR THE PROPOSED LANDSCAPE AND STREET LIGHTING SUPPLEMENTAL MAINTENANCE DISTRICT. Memorandum from City Clerk Elaine Doerfling dated July 26, 2006. RECOMMENDATION: Receive and file. b. REPORT ON ATTENDANCE AT THE INDEPENDENT CITIES ASSOCIATION ANNUAL SEMINAR. Oral report from Councilmember Keegan. 9. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: Recommended Action: 1) Vote by Council whether to discuss this item; 2) refer to staff for a report back on a future agenda; or, 3) resolution of matter by Council action tonight. NONE ADJOURNMENT 6 • TO: Hermosa Beach City Council /e€6 ceJih-) • 8���06 I respectfully request to be put on the Agenda for the July 11 Council Meeting. I will address the attempted break-in at my house, by another H.B. resident, the performance by the police, the lack of communication from the police, the lack of follow thru in identifying at least 3 more accomplices, the fraudulent filing of 2 felonious documents to illegally transfer the title to my house, the lack of follow thru by police Ieaders and the city manager, and finally the $80,000 I spent in attorney, notary and loan broker fees, because the title to my house was clouded. I want to bring these facts before the Council, and the public, so that proper remedies might be considered and implemented. FYI—the perpetrator plea bargained to one count of Federal Felony Wire Fraud (of the 6 counts), and was sentenced to 18 months (time served). She embezzled $384,000, $140,000 was recovered. She was ordered to make restitution of $244,000 at $200 a month. She is now out, FREE, having never been arrested for the crimes committed against me. She will now likely repeat these activities. R. Judd 2416 Hermosa Ave. RECEIVED JUN 1 9 2006 Per....000000. Ia • • TO Hermosa Beach City Council Subject: Reply letter from the city manager. I would like to direct your attention to the last paragraph, in the attached letter. It should be noted that it took 25 days to get this response. The original attempted break-in occurred Sept 28, 2003. Since no arrests were made, the perpetrator filed FELONIOUS FRAUDULENT documents, to illegally transfer title to my house. The police and city manager have copies. Over 2 years later, I tried to refinance my house. Only THEN did I learn of her activities 2 months after the attempted break-in. I was denied a conventional refinance from Wells, because of "title and credit report problems". I then discovered the existence of the documents, and that she had filed Incorporation papers with the State of California, using my address. She also stole my mail, and caused improper items to be entered into my credit records. After bringing this to the attention of the city manager, I get his reply. Ostensibly saying "NO HARM -NO FOUL" I got to keep my house. My credit suffered I spent over 300 hours, and $80K. I am insulted and offended by each and every party involved in this fiasco over the last 32 months. It is particularly insulting to receive this response from the city manager. Do you agree or disagree with me? Am I right or wrong? I have discussed this fiasco with numerous neighbors, and officials in Huntington Beach, Fountain Valley, and Newport Beach. The FBI said "take it up with the H.B. City Counsel" The Federal Prosecuter said these were local crimes, and up to H.B. to prosecute. I am trying to figure out if I am out of whack. What did I do wrong? Am I unreasonable? FYI SHE is now out—free; you may be next. May 1, 2006 • • City of 21ermosa Teaelt) Dr. Roy Judd 2416 Hermosa Avenue Hermosa Beach, California 90254 Dear Roy: Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 This is a follow-up to our meeting on April 6th regarding your home on Hermosa Avenue and whether or not the Police Department would be taking any further action involving attempted theft of your property. I have viewed your property regarding the fence you would like to build on the property line. It is clear from the line that there is not enough room to service the gas meter for the neighboring property and a similar condition exists at the eastern end where the cable and electrical connections are located. It would be possible to build a fence that stops short of those connections. It looks like a few feet would work. The gas meter for your neighbor might be able to he moved to a different location, however, this would be something between you, your neighbor and the gas company. If these two items were taken care of, then it would be possible to issue a pennit for the fence. The second issue that you mentioned was that the neighboring house to the south of yours extended the eaves of the roof over your property line. Based on the records that are on file with the City, we do not find any changes to the roof line. It appears that the house has been in the same location since 1957. The last item was the request you made for the City to now prosecute the suspect that attempted to change the title on your home as well as sell items from your home. 1 have provided the information that you provided to me to the Police Department and, based on the review of the. materials and the fact that the title of your property remains solely in your name, no additional action will be taken. As you explained, the suspect has been prosecuted by the federal govennnent for theft via a wire transfer and will be sentenced on June 12`h. Let me know if I can provide any additional information. Si y, phen R. Burrell City Manager SRB:rem Hermosa Beach Police Department Detective Bureau Memo To: Chief G. Savelli From: Det. S. Saylor CC: Sgt. L. Heard Date: 08/03/06 Re: Roy Judd Chief, I have reviewed the letter received from Roy Judd on June 26 2006. Some points made by Judd were not accurate. The following information will outline some of the inaccuracies of Judd's letter. An incident report was taken on 09/28/03 when suspect Dela Rosa employed a locksmith and was attempting to have the front door lock of Judd's residence changed. Judd was home and opened the door before the locksmith had begun to change the lock. Judd confronted Dela Rosa as to why she was tying to change his lock and Dela Rosa then provided her business card to Judd and stated to Judd that his home mortgage was in default. Per my investigation Judd's mortgage was frequently in default and Dela Rosa was correct. Judd threatened to call the Police and Dela Rosa left the location. A short time later, subjects began to arrive at the Judd residence with fliers advertising a garage sale there. With this information, Sgt. Endom and I contacted Dela Rosa at her residence, questioned her regarding the garage sale fliers and Dela Rosa stated she did not know where the fliers came from. Sgt. Endom and I searched Dela Rosa's residence including her computer and found no garage sale fliers or the distinctive paper the fliers were printed on. Sgt. Endom and I did note the residence to have multiple real estate folders and associated real estate paperwork. I asked Dela Rosa why she was trying to change the locks and she stated that she was attempting to "help" Judd by providing a new mortgage for him and she wanted to "look around" in the house. With the lack of evidence connecting Dela Rosa to the garage sale fliers, and Dela Rosa's statement that she just wanted to "look around" rather than commit a theft, Sgt. Endom and I elected to cite Dela Rosa for trespassing as the elements of burglary where not present. Even though Dela Rosa had been cited, I continued to look into Dela Rosa's background and found other crimes not associated with Judd. These crimes were tumed over to the FBI as the crimes fell to the FBI's jurisdiction. In addressing Judd's letter I found one of the first few lines stated that the "non-federal" crimes were not investigated further once the FBI became involved. From the information provided to Page 1 of 3 SUPPLEMENTAL INFORMATION 1 a • • this Police Department at that time, we had examined all workable information pertaining to the initial violation reported by Judd. However, through our investigation of the initial crime, we discovered several Federal bank fraud violations committed by suspect Dela Rosa. As stated above these crimes did not fall into this department's jurisdiction to investigate. Therefore, I contacted the FBI to take over with the information that I had acquired. At that time the investigation of Judd's report was complete; the suspect had been cited a for the trespassing violation. Judd further stated in his letter that suspect Dela Rosa filed documents with "Los Angels County' to transfer his mortgage and the deed to his house. Judd stated that this action by Dela Rosa caused title issues and hindered his attempt to refinance his loan. Judd provided copies of these documents through a Hermosa Beach City Councilman. This information is new to this case and I began a preliminary investigation to obtain some background. I contacted a local title company and requested a title search of Judd's residence. From a preliminary title report, I confirmed that Judd is listed as the owner of the home with no one else on title. Also, the documents provided to this department by Judd where not included in the preliminary title report suggesting that the paperwork is not associated with the Judd residence. I then requested an additional document search by the instrument number depicted on the paperwork provided by Judd. The title company then sent me a copy that matched the paperwork provided by Judd. It should be noted that the sole signature on the questionable documents is suspect Dela Rosa's; Judd's signature is absent. Since Dela Rosa did not forge Judd's name, I am unsure of the impact of this document in the view of a criminal matter as well as how the document's validity is viewed as a legitimate legal document. However, if this action did rise to the level of an attempted fraud, I have researched the issue and found that the Los Angeles County Sheriffs Department Commercial Crimes Bureau has jurisdiction and is the most applicable for conducting such an investigation. This is further reinforced as the Los Angeles County recorder's office is the recipient of the possibly fraudulent documents. In addition, Judd mentioned that Suspect Dela Rosa used his address to file incorporation papers with the California Secretary of State. Again this activity, if criminal, is more suitably investigated by California Department of Consumer Affairs. The Hermosa Beach Police Department has no jurisdiction in these matters. • Los Angeles county Sheriffs Department Commercial Crimes Bureau Real Estate Fraud Unit (562) 946-7217 Fax: (562) 944-8741 California Department of Consumer Affairs (213) 974-9750 or (213) 974-1450 Fax: (213) 687-0233 or (213) 617-1431 Judd further stated that Dela Rosa was not arrested for 9 months after the initial crime was reported. This Department turned over the investigation to the FBI on 10/23/03. At that point, The Hermosa Beach Police Department had no further influence nor knowledge regarding when or how an arrest would be made by that agency. Furthermore, the Hermosa Beach Police Department is not privileged to know the protocols the FBI uses when it conducts such an investigations nor what procedures or timelines are adhered to. Knowing the circumstances, I can only state that the FBI made an arrest, and completed a successful prosecution where the suspect was convicted of Federal crimes. Page 2 of 3 • • Judd continues in his letter and states that his neighbors were not interviewed. From the day of the initial report, I had already identified the suspect, the locksmith company, and the locksmith worker. Under these circumstances, I'm unsure what the neighbors could have to offer regarding the initial case. Judd does mention later in his letter, "the other female stalker" noticed by his neighbors, however, I have never received a crime report of stalking. In the second paragraph of Judd's letter he states that no one from this department returned his phone calls, and if we would have we would have gained more information. This is not accurate as Sgt. Endom fielded dozens of phone calls from Judd and much of the information provided by Judd had been previously discovered by this department, or was insignificant. Also, at the beginning of the investigation this department, as a courtesy, would update Judd as to our findings and the direction of the investigation. This practice ceased quickly as Judd began to make his own calls to potential witnesses. In addition Judd, upon finding that the FBI was becoming involved, began to contact the FBI offices to talk about his case. Consequently, the FBI contacted Sgt. Endom and asked that we not disclose that an FBI investigation was underway. After receiving Judd's letter, I contacted FBI agent Julie Viana who handled the Dela Rosa case in Federal court. Viana left me a message stating that Dela Rosa was sentenced on the wire fraud charges in June of 2006. The sentence was the time served, being approximately one year, six months in a community detention center, and over two hundred thousand dollars of restitution to the victim of the wire fraud. Agent Viana stated that Judd was very unhappy with the sentence and stated that he was also very upset because he was not allowed to speak to the judge regarding Dela Rosa's sentence. Page 3 of 3 • • f/f/a, From: keegan [mailto:kristine.keegan@natplan.com] Sent: Tuesday, July 18, 2006 11:29 AM To: 'peter@electpetertucker.com'; 'samedgerton@aol.com'; 'jbrhbcc@aol.com'; 'michael@manhattanbread.com'; 'kit@kitforcouncil.com'; 'Sburrell@hermosabch.org' Cc: 'Cathy McCurdy'; 'claypoole@verizon.net'; 'Carol Caballero'; 'Linda Beck'; 'Widman, Lance'; 'smcclain@hbcsd.org'; 'Sylvia Gluck'; 'Kristin Thomas'; 'robinboz@msn.com'; 'cantelmo@earthlink.net'; 'denisemacrae@earthlink.net' Subject: Hermosa Schools Dear City Council, I am .sure you have read in the paper about the school needing donations to cover the shortfall from what they get from state funding. This is for such things as having smaller class sizes (20 students per teacher) for Kindergarten thru 3 grade, Assistant Principal to help with discipline, music teacher and science lab. This year the school is approximately $50,000 short and they are hoping to get this shortfall by the end of the summer so no programs have to be cut. I would like to formally ask the council to donate to the school for this shortfall and was wondering how to do it. I would like this to be put on the August agenda for discussion. If the answer is "no", I would like to know who exactly is sayingno and why it can't be put on the agenda. I know that neighboring cities donate to their school districts every year and $50,000 is just .25% of your $20 million budget (less than 1/2%!). I don't think it is too much to ask and we all know the value that schools give to their communities. If the city needs to donate to a particular program, maybe you could donate approximately $73,000 every year to keep the small class sizes (this would still be less than 1/2% of your budget). If Hermosa ends up being the only local city to cut small class sizes, it could have a domino effect, as good teachers may leave to neighboring districts that have better working conditions (smaller classes) and more important to the city, families choosing to live in those areas. Please let me know how to proceed with this request. Thank you. Kristine Keegan lb • • Movie In The Park Featuring: Saturday, August 26, 2006 Valley Park Movie venue opens at 5:00 p.m. Movie at dark Activities for the kids, food and entertainment sponsored by Hermosa Beach Arts Foundation, Kiwanis, Rotary, MOMS Neighborhood Watch and Woman's Club, the Valenzuela Family, the Dunbabins, Chick-fil-A, Sammy's Woodfired Pizza, Tru Green Landcare, Verizon FiOS and Commercial Capital Bank Supported by: Chevron Fell Event Services •Bring the family and a blanket and prepare for a great evening •$5 donation per person over 3 years of age. Opportunity drawing tickets available for $1. Proceeds benefit Friends of the Parks •No high back chairs, pets or alcohol permitted in the movie venue Presented by: ver►np • Page 1 Invent Some Fun In Hermosa Beach With Wallace & Gromit Contact: Laura Raymond (310) 376-4485 mlraytx@aol.com For Immediate Release HERMOSA BEACH — August 1, 2006 — Hermosa Beach Friends of the Parks (FOP) announces their second annual Movie In The Park. This year's fun -filled, community event will feature DreamWorks' Wallace & Gromit: The Curse of the Were -Rabbit and will take place in Valley Park on August 26, 2006. Gates will open at 5:00 p.m. and the movie will begin at sundown, approximately 8:00 p.m. When the gates open, a variety of activities will be available for the attendees. Mad Science booths featuring "Mad Machines" and "Bubbling Potions" will have hands-on, interactive activities for children. A claymation station, bounce houses, a cookie decorating station, an arts and crafts station and face painting will add to the activities and keep children engaged and entertained throughout the evening. Treats provided by Chick-fil-A and Sammy's Woodfired Pizza, hot dogs, popcorn and drinks will be available in the movie venue. Tickets for an opportunity drawing will be sold in the movie venue for $1. Several packages are available and all have an entertainment theme. The feature package includes a tour for two at Raleigh Manhattan Beach Studios, lunch on the lot and a signed CSI Miami script. Attendees three and over are asked to make a $5 donation to participate in the activities and view the movie. All proceeds will benefit Hermosa Beach Friends of the Parks and, ultimately, parks and recreation programming in the City of Hermosa Beach. Everyone is encouraged to bring a blanket and prepare for a great evening. No alcohol, high back chairs or pets are permitted in the movie venue. This event is made possible by the generous support of Verizon, the presenting sponsor; Bell Event Services, Chevron and the City of Hermosa Beach, the supporting sponsors; and the Hermosa Beach Rotary, the Hermosa Beach Kiwanis Club, Hermosa Beach MOMS, Chick-fil-A, Sammy's Woodfired Pizza, the Hermosa Beach Woman's Club, the Hermosa Beach Arts Foundation, Tru Green Landcare, Commercial Capital Bank, the Valenzuela Family, Kathy and John Dunbabin, and Verizon FiOS, activity area sponsors. Hermosa Beach Friends of the Parks is a non-profit foundation that serves to identify, prioritize, and fundraise for park and recreation improvements throughout the City of Hermosa Beach. # # # August 5, 2006 11:00pm Party bus, Hermosa Ave. I affi&P)06 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 11, 2006, at the hour of 6:35 P.M. ROLL CALL: Present: Keegan, Reviczky, Mayor Tucker Absent: Edgerton (arrived at 6:38 p.m.) INTERVIEWS OF PUBLIC WORKS COMMISSION APPLICANTS Pursuant to past procedure, the applicants were interviewed separately, apart from the others, with each Councilmember asking one question of each of the applicants. Recognizing that this was a public meeting open to any member of the public wishing to observe the interviews, each of the applicants waited their turn and entered the room one at a time when called. Coming forward to proceed with the interview process and respond to the individual Council questions were the following applicants: Janice Brittain Julian Katz Brian C. Koch ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 11, 2006 at the hour of 6:53 p.m. to the Regular Meeting scheduled to begin at the hour of 7:10 P.M. 2a(1 ) City Council Minutes 07-11-06 Page 11952 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 11, 2006, at the hour of 7:15 p.m. PLEDGE OF ALLEGIANCE — Kathy Dunbabin ROLL CALL: Present: Edgerton, Keegan, Reviczky, Mayor Tucker Absent: None CANVASS OF VOTES AND INSTALLATION OF OFFICERS. Memorandum from City Clerk Elaine Doerfling dated July 5, 2006. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To adopt Resolution No. 06-6480, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD TUESDAY, JUNE 6, 2006, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW." Motion Reviczky, second Keegan. The motion carried by a unanimous vote. City Clerk Doerfling administered the oath of office to newly elected Councilmember Bobko and presented him with a certificate of election. Councilmember Bobko thanked those who supported him during his campaign and his parents, who were in attendance; said that he had been raised to take very seriously things like the oath he had just taken and that he would do his best to use his skills and talents for the City. Councilmember Reviczky congratulated Councilmember Bobko; said the people of Hermosa Beach had spoken and he was happy to have him as part of the Council. Councilmember Keegan said that Councilmember Bobko was very capable and welcomed him to the Council. Mayor Pro Tempore Edgerton echoed his colleague's sentiments and said welcome. Mayor Tucker said that Mr. Bobko would bring a lot to the City and he welcomed the opportunity to work with him on the many projects ahead to improve the City. The meeting recessed at 7:22 p.m. for refreshments. The meeting reconvened at 7:35 p.m. ANNOUNCEMENTS — Councilmember Reviczky thanked the Police Department for helping make the Fourth of July a safe holiday; said he had spent the day with them; said there had been no serious incidents and there had been a smaller crowd than last year. City Council Minutes 7-11-06 Page 11953 2a(2) • • Mayor Tucker said that the last Hermosa Beach Art Walk for the summer would be held on Thursday, July 13 and invited all residents to attend if they have not taken advantage of this wonderful event. Councilmember Reviczky said on Wednesday, July 12, Loreto students and the Loreto Mayor and his wife would be arriving and a week of activities have been planned for their visit; urged the community to visit our Sister City link on the City's website for details. PROCLAMATIONS / PRESENTATIONS NATIONAL PARKS & RECREATION MONTH JULY 2006 Mayor Tucker read and presented a proclamation proclaiming July as National Parks & Recreation Month and thanked them for.all their work. Commissioner Christine Hollander and Steve Francis accepted the proclamation and thanked the Council for the honor. CLOSED SESSION REPORT FOR MEETING OF JUNE 27, 2006: No reportable actions. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS a. Letter from Mr. Roy Judd regarding his property at 2416 Hermosa Avenue. Coming forward to address the Council on this letter was: Roy Judd — Hermosa Beach, described a situation in which a woman who was a stranger to him stated that she owned his house; said he spent years and a large amount of money trying to clear the title on his home; warned the community to be wary of such threats; said he did not feel the Police Department adequately investigated the situation; Councilmember Reviczky indicated that the Police Department did investigate the situation and the woman was in jail for 18 months. Action: To direct the Chief of Police to address Mr. Judd's concerns. Motion Reviczky, second Keegan. The motion carried by a unanimous vote. Coming forward to address the Council at this time were: Terry Bose — Hermosa Beach, President of the Kiwanis Club, provided written invitations to the Council for the Sister City Association's Picnic on Wednesday, July 19, at Valley Park; urged the Council and the City Council Minutes 7-11-06 Page 11954 • community to attend Taste at the Beach, with participation by local restaurants, on Sunday, August 20, from 2-6 p.m. at the Community Center, with tickets for sale at $50 per person and all proceeds to benefit the Historical Society Museum expansion. Howard Longacre -- Hermosa Beach, discussed the Pedestrian Protection Ordinance being introduced as item 6(a) on tonight's agenda and suggested to the Council that porta potties should be in place at the site at the time of pre -demolition inspection and the staff report says that merely the location of the porta potty must be determined at the time of the pre -demolition inspection. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (f) with the exception of the following item, 2(d) Reviczky, which was removed for discussion in item 4, but is shown in order for clarity: Motion Reviczky, second Keegan. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 13, 2006. Action: To approve the minutes of the Adjourned Regular Meeting of June 13, 2006. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 44356 THROUGH 44513, INCLUSIVE, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 43681 AND 44501, AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO ACCEPT DONATIONS OF $10,000 FROM UPSTAGE RIGHT PRODUCTIONS TO BE USED FOR THE CENTENNIAL CONCERT SERIES TO BE HELD IN 2007-08; AND, $3,744 FROM AYSO REGION 18 TO BE USED FOR COMMUNITY RESOURCES PROGRAM MATERIALS IN 2006-07. Memorandum from Finance Director Viki Copeland dated July 5, 2006. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To accept the following donations: City Council Minutes 7-11-06 Page 11955 • • - $10,000 from Upstage Right Productions to be used for the Centennial Concert Series to be held in 2007-2008; and, - $ 3,744 from AYSO Region 18 to be used for Community Resources program materials in 2006-2007. Motion Reviczky, second Mayor Tucker. The motion carried by a unanimous vote. (e) RECOMMENDATION TO APPROVE A PROPOSAL FOR THIRD PARTY ADMINISTRATION OF THE CITY'S WORKERS' COMPENSATION CLAIMS SUBMITTED BY SOUTHERN CALIFORNIA RISK MANAGEMENT ASSOCIATES AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR AN APPROXIMATE THREE (3) YEAR TERM COMMENCING AUGUST 1, 2006, WITH AN OPTION FOR EXTENDING UP TO AN ADDITIONAL TWO YEARS. Memorandum from Personnel Director/Risk Manager Michael Earl dated July 6, 2006. (f) Action: To approve the staff recommendation to: (1) Approve a proposal for third party administration of the City's workers compensation claims submitted by Southern California Risk Management Associates; and, (2) Authorize the City Manager to negotiate and execute a contract for an approximate three (3) year term commencing August 1, 2006 with an option for extending up to an additional two years. RECOMMENDATION TO RECEIVE AND FILE THE STATUS REPORT ON THE IMPLEMENTATION OF NONCONFORMING ORDINANCE. Memorandum from Community Development Director Sol Blumenfeld dated June 27, 2006. Action: To receive and file the Status Report on the implementation of Nonconforming Ordinance. At 7:59 p.m., the order of the agenda was suspended to go to public hearing items 5 (a) and (b). 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2(d) was heard at this time but is shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS City Council Minutes 7-11-06 Page 11956 1 • • a. ADOPTION OF METROPOLITAN TRANSIT AUTHORITY (MTA) LOCAL DEVELOPMENT REPORT AND SELF CERTIFICATION RESOLUTION CERTIFYING COMPLIANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) PURSUANT TO GOVERNMENT CODE SECTION 65089. Memorandum from Community Development Director Sol Blumenfeld dated June 27, 2006. Community Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:00 p.m.. As no one came forward to address the Council on this item, the public hearing closed at 8:00 p.m. Action: To adopt Resolution No. 06-6481, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089." Motion Edgerton, second Keegan. The motion carried by a unanimous vote. b. APPEAL OF PLANNING COMMISSION DECISION, ON APRIL 18, 2006, REGARDING THE PRECISE DEVELOPMENT PLAN AND PARKING PLAN, RELATED TO PARKING OPERATIONS AT THE HERMOSA PAVILION AT 1601 PACIFIC COAST HIGHWAY. Memorandum from Community Development Director Sol Blumenfeld dated July 3, 2006. Supplemental emails received from Alan Strusser & Kammi Howlett and from Fred Huebscher on July 10, 2006. Community Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. The public hearing opened at 8:29 p.m. Coming forward to address the Council on this item were: Gene Shook — Hermosa Pavilion, said he had appealed the Planning Commission's decision because he did not feel it was fair he was obligated to provide two hours of free parking to customers of all the businesses at the Pavilion since the parking problem was caused by the, customers of 24 -Hour Fitness; explained that employees of 24 - Hour Fitness were required to provide their license plate numbers and were restricted to parking on the first level; said a number of parking passes had been sold; explained the tandem parking spaces on the second and third levels, the use of which required car owners to leave their keys with an attendant; Sean O'Connor = Hermosa Beach, attorney for the appellant, said he believed the Planning Commission was unlawful in addition to be being unfair; said there was no evidence to indicate free parking would solve City Council Minutes 7-11-06 Page 11957 • • the problem of customers parking on the residential streets; said the City had no authority to deprive Mr. Shook of profit from his parking structure, said Mr. Shook had suggested other plans which provided a better solution; said if the Planning Commission decision was upheld, they would have to move on to other options; Lee Grant — Hermosa Beach, said he lived two blocks from the facility, up a hill; had asked people why they would prefer to walk up a hill and cross Pacific Coast Highway rather than park in the structure and had been told they did not wish to pay the $1 parking fee; said that one solution Mr. Shook suggested was a parking district, which would incur cost for the City and inconvenience for the residents; Don Haggerty — Hermosa Beach, said that it appears to him that customers of 24 -Hour Fitness were not told there would be a parking fee in the parking structure and want to park for free in other locations; said he thought it was important for the City to review the parking conditions in the lease between Mr. Shook and 24 -Hour Fitness; Alan Thomen — Hermosa Beach, said he had a list of vehicles which continuously park near his home; has spoken to some of the owners of these vehicles and they said they are gym customers who want to park for free; said people make u -turns at breakneck speed to grab a parking space; said one driver backed into a stop sign, bending it down, and simply drove away; felt that if free parking were provided, the gym customers would park in the structure; Rosalyn Thomen — Hermosa Beach, said that safety and noise were problems in addition to the parking, with drivers parking and walking on the streets at 1:00 or 2:00 a.m.; said that providing free parking might not alleviate the problems completely but it would be a good beginning; Carl Linden — Hermosa Beach, said that noise from the patrons of 24 -Hour Fitness is affecting the quality of life in his neighborhood; feels that gym patrons are trying to reduce their costs, since paying to park more than two to three times a week could equal their membership fee; said that offering free parking is a big first step toward solving the noise and parking problems in his neighborhood; Stan Levine — Hermosa Beach, asked the occupancy of the Pavilion project at the current time (Community Director Blumenfeld replied that it was 60% occupied); said that the problem is going to get worse as the building is completely occupied; said that 24 -Hour Fitness provides 24 hours of noise and was a public nuisance; urged the Council to require free parking for three months and see the effect; Howard Longacre — Hermosa Beach, said that gym patrons could be paying up to $100 per month now just for parking in the structure; suggested three hours of free parking should be provided with a six-month trial period; David Adler — Hermosa Beach, said the Pavilion should be an asset but it is a frustration for the neighboring residents; agreed that three hours free parking was preferable to two; said he had asked people parking near his home why they did not park in the structure and they said they did City Council Minutes 7-11-06 Page 11958 • • not want to pay the fee; urged the Council to think of the families and make the neighborhood safe; Patty Egerer — Hermosa Beach, provided a letter to the Council making reference to Municipal Code section 17.44.050(A) which referred to off- street parking; said that the current Precise Development Plan does not provide free parking in the structure but this should be required; Greg Sampson — Hermosa Beach, said that a bigger problem than parking was the increase of traffic and speed; urged the Council to require free parking in the structure; Eric Riley — Hermosa Beach, said a gym patron made a u -turn and destroyed his rose bush and when his wife confronted him, he said he did not want to pay the dollar to park; said the free parking should be for three hours, not two; Fred Huebscher — Hermosa Beach, agreed there should be three hours of free parking; said that Mr. Shook has never contacted his residential neighbors; Nathan Core- Hermosa Beach, said the problem could be solved by requiring parking permits on the streets near the Pavilion; and, Gene Shook — Hermosa Pavilion, in rebuttal, said that his current occupancy is 80%, that the top floor is fully occupied and the bottom floor would be occupied if the restaurant project is approved by the Planning Commission at its July 18 meeting; said that they have had 400 cars in the structure at one time and in excess of 2,000 in a single day; said many people take advantage of valet parking and are happy with the arrangement; said there are other similar projects which charge for parking, including the Metlox project in Manhattan Beach Union Cattle Company in Hermosa Beach, and Gold's Gym in Redondo Beach. The public hearing closed at 9:45 p.m. Action: To approve the staff recommendation to: (1) Adopt Resolution No. 06-6482, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA SUSTAINING THE DECISION OF THE PLANNING COMMISSION TO MODIFY CONDITIONS OF APPROVAL OF A PREVIOUSLY APPROVED PRECISE DEVELOPMENT PLAN AND PARKING PLAN FOR AN EXPANSION AND REMODEL TO AN EXISTING COMMERCIAL BUILDING AND SHARED PARKING TO ACCOMMODATE A NEW ALLOCATION OF USES WITHIN THE "THE HERMOSA PAVILION" INCLUDING A NEW HEALTH AND FITNESS FACILITY, OFFICES, RETAIL AND RESTAURANT USES AT 1601 PACIFIC COAST HIGHWAY AKA 1605 PACIFIC COAST HIGHWAY." (2) Re-evaluate the effectiveness of the validation program in six months to determine whether it is necessary to impose new conditions on the Parking Plan or repeal the mandatory validation program and initiate public parking measures to mitigate spill over neighborhood parking. Motion Edgerton, second Keegan. The motion carried by a unanimous vote. City Council Minutes 7-11-06 Page 11959 6. MUNICIPAL MATTERS a. REVISED AMENDMENTS TO PEDESTRIAN PROTECTION ORDINANCE. (Continued from meeting of 6/27/06) Memorandum from Community Development Director Sol Blumenfeld dated July 6, 2006. Revised draft Ordinance received from Community Director Blumenfeld on July 11, 2006. Community Director Blumenfeld presented the staff report and responded to Council questions. Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 06-1269, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE BUILDING CODE (CHAPTER 15.04) TO REQUIRE THE INSTALLATION OF FENCING AND PEDESTRIAN PROTECTION ON CONSTRUCITON AND DEMOLITION SITES AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." Motion Reviczky, second Bobko. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. APPOINTMENT TO PUBLIC WORKS COMMISSION TO FILL UNEXPIRED TERM DUE TO UNSCHEDULED VACANCY. Memorandum from City Clerk Elaine Doerfling dated July 5, 2006. Action: Appoint Janice Brittain to fill the unexpired term ending October 31, 2008. Motion Keegan, second Edgerton . The motion carried. At 8:58 p.m., the order of the agenda went to Item 4, consent calendar items removed for separate discussion. 9. OTHER MATTERS - CITY COUNCIL 1. Request from Pete Tucker regarding agendizinq discussion of hookah lounges opening in nearby. cities City Attorney Jenkins responded to Council questions. Council consensus was that City Attorney Jenkins research the topic and report back at a future meeting. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: City Council Minutes 7-11-06 Page 11960 { • • 1. MINUTES: Approval of minutes of Closed Session meeting held on June 27, 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: Case Number: Macpherson v. City of Hermosa Beach BC 172546 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: Hermosa Beach Firefighters' Association Hermosa Beach Management Association ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 11, 2006, at the hour of 10:02 p.m. to a closed session RECONVENE TO OPEN SESSION — The Closed Session convened on Tuesday, July 11, 2006, at the hour of 10:10 p.m. At the hour of 10:38 p.m., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 11, 2006, at the hour of 10:39 p.m. to the Regular Meeting of July 25, 2006, at 7:10 p.m. City Clerk Deputy City Clerk City Council Minutes 7-11-06 Page 11961 vchlist Check Register Page: 1 07/20/2006 7:07:51AM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44681 7/20/2006 00243 HERMOSA BEACH PAYROLL ACCO 07152006 Pavro11/7-1 to 7-15-06 001-1103 531,642.93 105-1103 4,203.81 109-1103 1,649.15 117-1103 1,421. 145-1103 63.36. 146-1103 2,667.19 152-1103 44.63 156-1103 2,961.75 160-1103 7,260.70 301-1103 2,455.99 705-1103 3,786.43 715-1103 4,890.46 Total : 563,047.77 1 Vouchers for bank code : boa Bank total : 563,047.77 1 Vouchers in this report p Total vouchers : 563,047.77 • vchlist Check Register Page: 1 07/20/2006 4:31:34PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44682 7/20/2006 08955 AAE INC. 44683 7/20/2006 06290 AIR SOURCE INDUSTRIES 44684 7/20/2006 11837 AJILON OFFICE 44685 7/20/2006 13855 44686 7/20/2006 06827 44687 7/20/2006 09620 ALEXANDER, AMY ALL CITY MANAGEMENT ALLEY, HEATHER H 14876 TRAFFIC ENGINEERING SERVICES/JUN 06 001-3104-4201 446235 446994 T000350510 2006-1758 7737 19294 19294-A 44688 7/20/2006 12745 AMERICAN BINDING PRODUCTS 22989 44689 7/20/2006 13331 ASSIST ATHLETICS 19286 Oxygen .Refill/. Jun 06 001-2201-4309 Hazardous Materials/ Jun 06 001-2201-4309 Temp Services/ Week End 7/9/06 001-4601-4201 CPR Training/ Jun 06 001-2101-4317 Total : Total : Total : Total : CROSSING GUARD SERVICE/6-11 TO 6-24-06 001-2102-4201 Instructor Pymt/ #11213/ Jun 06 001-4601-4221 Instructor Pymt/11191-92,11206,11213 001-4601-4221 LAMINATION POUCHES 001-4201-4305 Instructor Pymt/ # 11400 001-4601-4221 44690 7/20/2006 00407 AVIATION LOCK & KEY 10791 Keys Made -Pier Restrooms/ Jun 06 Total : Total : Total : Total : 1,591:40 1,591.40 72.40 261.* 334.15 106.80 106.80 121.50 121.50 3,091.11 3,091.11 100.00 825. 925. 125.72 125.72 483.00 483.00 Page: vchlist Check Register Page: 2 07/20/2006 4:31:34PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44690 7/20/2006 00407 AVIATION LOCK & KEY (Continued) 001-4204-4309 19.49 10800 Keys Made/ Jun 06 001-2101-4309 14.94 10806 Keys Made/ Jun 06 715-2101-4311 6_ID 10832 Keys Made/ Jun 06 001-4204-4309 5.85 Total : 46.78 44691 7/20/2006 11632 BALLING, ROSS 19285 Instructor Pymt/VolleyKids VB Camp 001-4601-4221 264.60 Total : 264.60 44692 7/20/2006 04277 BELL, OLIN 19284 Instructor Pymt/ After Blast Camp 001-4601-4221 588.00 Total : 588.00 44693 7/20/2006 13247 BENTHIN, GERHARD 19283 Instructor Pymt/ Brazil Soccer USA Camp 001-4601-4221 2,051.00 Total : 2,051.00 44694 7/20/2006 13901 BERRY, JENNIFER 126993 Class Refund 001-2111 50 Total : 50. 44695 7/20/2006 13839 BIRD MARELLA 26574 Legal, RE: MacPherson Oil/ May 06. 001-1131-4201 6,717.31 Total : 6,717.31 44696 7/20/2006 13904 BOOMERS! IRVINE 19303 TEEN EXTREME EXCURSION/ JUL 06 001-4601-4201 217.00 Total : 217.00 44697 7/20/2006 11913 CAPIO 19184 Annual Membership Dues/ S. Diaz 001-2201.4315 175.00 Total : 175.00 Page: 2 k3 vchlist Check Register Page: 3 07/20/2006 4:31:34PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44698 7/20/2006 13902 CARDENAS, ELFE 19249 AMB Transport Refund 001-3840 37.40 Total : 37.40 44699 7/20/2006 09632 CDWG BCP0222 BCW 1764 TONER AND INKS / JUN 06 715-1206-4305 539.09 Computer Equipment -DVD Drives 715-4202-5402 302. Total : 841.M. 44700 7/20/2006 07589 CENTENO'S NURSERY & LANDSCA 42903 REPLACEMENT TREES FOR MEDIANS 105-2601-4309 649.50 Total : 649.50 262.50 262.50 305.97 305.97 590.24 494. 1,696. 44703 7/20/2006 05970 COLLINS, DENNIS 19289 Instructor Pymt/#10953-54/Jun 06 001-4601-4221 1,975.35 19289-A instructor Pymt/#10953, 10954 001-4601-4221 1,185.15 Total : 3,160.50 178.24 44701 7/20/2006 13310 CHAPIN, DEREK JAMES 19291 Instructor Pymt/ #11219, 11220 001-4601-4221 Total : 44702 7/20/2006 05595 COACH USA 150996 CATALINA ISLAND TRIP TRANSPORT/DEPART 145-3409-4201 150997 Catalina Island Trip Transport/ Return 145-3409-4201 152051 Summer Blast Transport/ LaBrea Tar Pits 145-3409-4201 152069 Teen Extreme Transport/ Putting Edge 145-3409-4201 Total : 44704 7/20/2006 07809 CORPORATE EXPRESS 71376567 Office Supplies/ Jun 06 001-1208-4305 Page: 3 vchlist Check Register Page: 4 07/20/2006 4:31:34PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice 44704 7/20/2006 07809 CORPORATE EXPRESS (Continued) Description/Account Amount 71468337 Office Supplies! Jun 06 001-4601-4305 70.03 71503569 Printers 001-2101-5401 237.98 Total : 486.0 44705 7/20/2006 00879 COUNTY OF LOS ANGELES AR324420 SEWER PUMP STATION MAINT/MAY 06 160-3102-4251 1,324.69 AR324445 ARTESIA BLVD. MEDIAN MAINT/MAY 06 302-3104-4251 805.21 Total : 2,129.90 44706 7/20/2006 00850 CURTIS, L.N. 1106499-00 KERNMANTLE ROPE 001-2201-5401 206.91 1106585-00 PROSSER PUMP REPLACEMENT 001-2201-5402 1,424.87 Total : 1,631.78 44707 7/20/2006 01390 DAPPER TIRE CO. 407948 TIRES 715-2101-4311 948.16 Total : 948.16 44708 7/20/2006 12991 DELL MARKETING L.P. N74309863 TONER CARTRIDGES/ JUN 06 001-2101-4305 451.. Total : 451.88 44709 7/20/2006 00049 DEPARTMENT OF CONSERVATION 19271 Strong Motion Mapping Fee/ Apr -Jun 06 001-3204 1, 524.46 Total : 1,524.46 44710 7/20/2006 00147 DEVELOPMENT, THE 161042 Film Developing/ Jun 06 001-2101-4305 48.28 Total : 48.28 44711 7/20/2006 13766 DISPENSING TECHNOLOGY CORP. MN33889 Traffic Paint/ Jun 06 001-3104-4309 573.73 Page: 4 vchlist Check Register Page: 5 07/20/2006 4:31:34PM CITY OF HERMOSA BEACH Bank.code : boa Voucher Date Vendor Invoice Description/Account Amount 44711 7/20/2006 13766 DISPENSING TECHNOLOGY COPR. (Continued) Total : 573.73 44712 7/20/2006 00122 DUNCAN PARKING TECHNOLOGIE; 27382 Parking Meter Cash Keys 001-1204-4305 44713 7/20/2006 01962 FEDERAL EXPRESS CORP. 1-116-90216 Express Mail/ Jun 06 001-1202-4305 301-8117-4201 Total : Total : 1,217.06 1,217.06 33.9,E 19. 53.88 44714 7/20/2006 09531 FIRSTLINE, LLC 14805 Medical Supplies/ Jun 06 001-2201-4309 162.38 Total : 162.38 44715 7/20/2006 12284 FOLEY, ALICIA 19295 Instructor Pymt/ Chevron Surf Camp 001-4601-4221 437.50 Total : 437.50 44716 7/20/2006 12907 FREITAG, SUZANNE 127550 Class Refund 001-2111 155.00 Total : 155.00 44717 7/20/2006 10466 GRAHAM CO. 21840 EMERGENCY REPAIR/PARKING STRUC ALAR 109-3304-4201 360.00 Total : 360.00 44718 7/20/2006 12311 GREMAUD, MARIE BAPTISTE 19287 Instructor Pymt/#11265,269,324/Jun06 • 001-4601-4221 190.75 19287-A Instructor Pymt/ # 11265,269,324 001-4601-4221 190.75 Total : 381.50 44719 7/20/2006 06518 HAYER CONSULTANTS, INC. 2595 Plan Check/ 6-25-06 001-4201-4201 1,953.92 2597 Plan Check/ 6-25-06 001-4201-4201 13,988.34 Page: 5 vchlist Check Register Page: 6 07/20/2006 4:31:34PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44719 7/20/2006 06518 HAYER CONSULTANTS, INC. (Continued) 2600 Plan Check -Inspection/ Fire Dept/6-25-06 001-4201-4201 300.00 Total : 16,242.26 44720 7/20/2006 04108 HAZELRIGG RISK MGMT SERV, INC 71706 Workers Comp Claims/ 7/17/06 705-1217-4324 10,660. Total : 10,660.08 44721 7/20/2006 08576 HEC RAMSEY ENTERPRISES 15856 GUEST PARKING PASSES/ JUN 06 001-1204-4305 412.25 Total : 412.25 44722 7/20/2006 00065 HERMOSA BEACH CAR WASH, ZIPf 70106 City Car Washes/ Jun 06 715-2101-4311 458.45 715-4601-4311 5.95 715-4201-4311 5.95 Total : 470.35 44723 7/20/2006 13895 HEW ITT, MARISSA LEIGH 19282 Instructor Pymt/ # 11161 001-4601-4221 294.00 Total : 294.00 44724 7/20/2006 00372 INDEPENDENT CITIES ASSOCIATIC 62306 Membership Dues/ FY 06/07 001-1101-4315 823.c* Total : 823.0 44725 7/20/2006 10820 JENKINS & HOGIN,LLP 13533 Legal Fees RE: General Ser/ Jun 06 001-1131-4201 7,012.50 13534 Legal Fees RE: Land Use/ Jun 06 001-1131-4201 841.50 13535 Legal Fees RE: Code Enforcement/Jun 06 001-1132-4201 1,453.50 13536 Legal Fees RE: Stop Oil II/ Jun 06 001-1131-4201 401.99 13537 Legal Fees RE: Union Cattle Co/ Jun 06 001-1131-4201 588.45 Page: 6 7 vchlist Check Register Page: 7 07/20/2006 4:31:34PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44725 7/20/2006 10820 JENKINS & HOGIN,LLP (Continued) 13538 44726 7/20/2006 10334 JENSEN, GLENN 19293 19293-A Legal Fees RE: Cable TV/ Jun 06 001-1131-4201 Istructor Pymt/#11213/ Jun 06 001-4601-4221 Istructor Pymt/ #11191-92,11206,11213 001-4601-4221 Total : Total : 292.50 10,590.44 380.90 1,742.70 2,123.60 44727 7/20/2006 10517 JH RECOGNITION 73941 SERVICE PINS 001-1203-4201 962.98 Total : 962.98 44728 7/20/2006 01165 JOBS AVAILABLE 614052 Employment Ad/ PW Inspector 001-1203-4201 142.80 Total : 142.80 44729 7/20/2006 13903 JOHNSON, BRETT 1806010859 Citation Refund/1106013629 001-3302 70.00 Total : 70.00 44730 7/20/2006 12282 KONE INC. 17099408 Elevator Maint Contract/ FY 06/07 001-4204-4201 2,188.14 109-3304-4201 1,520.58 Total : 3,708.70 44731 7/20/2006 02175 L1EBERT, CASSIDY WHITMORE 66387 Legal RE: HE050 00037 RK 001-1203-4201 9,587.84 Total : 9,587.84 44732 7/20/2006 10045 MAIN STREET TOURS 9798B Deposit/ Getty Villa Trip - Sep 06 001-4601-4201 500.00 Total : 500.00 44733 7/20/2006 12664 MAJOR PUMPS AND CONTROLS 10441 EMERGENCY PUMP REPLACEJPRKG STRUCT' 109-3304-4201 4,167.65 Page: 7 vchlist Check Register Page: 8 07/20/2006 4:31:34PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44733 7/20/2006 12664 MAJOR PUMPS AND CONTROLS (Continued) Total : 4,167.65 44734 7/20/2006 13271 MALLORY CO. 3115908 STRIKETEAM EQUIPMENT 001-2201-5402 1,471.38 Total : 1,471.38 44735 7/20/2006 13882 MCINTOSH, AMELIA ROSE 19297 Instructor Pymt/ Chevron Surf Camp 001-4601-4221 150.0 9 Total : 150.00 44736 7/20/2006 10455 MUNI FINANCIAL 38397 District Admin/ 4th Qtr 05/06 137-1219-4201 402.10 138-1219-4201 488.12 136-1219-4201 300.07 139-1219-4201 337.58 135-1219-4201 350.08 38508 Demand Letters/ Loma Dr/ Jun 06 138-1219-4201 106.17 136-1219-4201 35.39 139-1219-4201 70.78 38509 Delinquency Mgmt/ Myrtle Ave / Jun 06 137-1219-4201 41.56 138-1219-4201 62.34 139-1219-4201 20.1 Total : 2,214. 44737 7/20/2006 02490 NATIONAL FIRE PROTECTION ASS' 3483684X Annual Fire Code Updates/ FY 06/07 001-2201-4317 730.69 Total : 730.69 44738 7/20/2006 12354 O'NEIL PRINTER SUPPLIES GROUP 127344 PARKING CITATIONS 001-3302-4305 1,494.56 Total : 1,494.56 44739 7/20/2006 13114 OFFICE DEPOT 342290430-001 Office Supplies/ Jun 06 715-1206-4305 27.05 Total : 27.05 Page: 8 vchlist 07/20/2006 4:31:34PM Check Register CITY OF HERMOSA BEACH Page: 9 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44740 7/20/2006 11640 PALMIERI, DENISE 44741 7/20/2006 13309 PEREZ, SHAWN 44742 7/20/2006 04800 RAY, VINCE 19296 Instructor Pymt/ Chevron Surf Camp 001-4601-4221 19292 19298 44743 7/20/2006 13301 RESOURCE COLLECTION, THE 0129767 -IN 44744 7/20/2006 09521 ROAD WORKS 19276 44745 7/20/2006 03353 S.B.C.U. VISA 073617820028830002' 073618620770023336' 398617420622800008' 407619329901485005. 443618040600440006: 501614520706617756: 705616612166993146 705616713167055059 Instructor Pymt/ # 11219, 11220 001-4601-4221 Instructor Pymt/#11191-92,11206 001-4601-4221 JANITORIAL SERVICES/ JUN 06 001-4204-4201 Traffic Control Seminar/ J Loutzenhiser 001-4202-4317 Total : Total : Total : Total : Total : ICMA Membership Dues/ FY 06/07 001-1201-4315 ICMA Conference Registration/Burrell 001-1201-4317 UNIFORM HANGERS 001-2201-4314 CITYCOUNCIL MTG/PW COMM INTERVIEW 001-1101-4305 Oral Board Lunch 001-2201-4201 Order Cancelled 001-4202-4201 League of CA Cities Conf Regis/Reviczky 001-1101-4317 League of CA Cities Regis/Tucker 001-1101-4317 375.00 375.00 609.70 609.70 1,326.40 1,326.40 7,718.00 7,718.00 100.00 100.00 1,400.00 565.00 673.62 40.10 71.79 -541.94 435.00 435.00 Page: 9 /0 vchlist Check Register Page: 10 07/20/2006 4:31:34PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44745 7/20/2006 03353 S.B.C.U. VISA (Continued) 705616713167055060 League of CA Cities Regis/Burrell 001-1201-4317 Total : 435.00 3,513.58 44746 7/20/2006 09951 SANTA ANA COLLEGE 19310 Tuition -Command 2D/M Garofano 001-2201-4317 140.(41, Total : 140.00 44747 7/20/2006 09951 SANTA ANA COLLEGE 19309 Tuition -Command 2B/M Garofano 001-2201-4317 140.00 Total : 140.00 44748 7/20/2006 09951 SANTA ANA COLLEGE 19308 Tuition- Command 2C/M Garofano 001-2201-4317 140.00 Total : 140.00 44749 7/20/2006 09951 SANTA ANA COLLEGE 19307 Tuition/J Crawford 001-2201-4317 140.00 Total : 140.00 44750 7/20/2006 09951 SANTA ANA COLLEGE 19231 Tuition- Mgmt 2C/M Garofano 001-2201-4317 140.00 Total : 140.00 44751 7/20/2006 00321 SBC 248 134-9454 462 8 Circuit Billing/ Jul 06 • 001-2101-4304 11.05 Total : 11.05 44752 7/20/2006 09268 SIGNS 4 SUCCESS 17618 Reletter Sunset Concert Banner 001-4601-4308 75.00 Total : 75.00 44753 7/20/2006 00114 SMART & FINAL IRIS COMPANY 3775 Prisoner Supplies/ Jun 06 001-2101-4306 75.97 6174 Summer Blast -Teen Extreme Supplies 001-4601-4308 88.98 Page: 10 1/ vchlist Check Register Page: 11 07/20/2006 4:31:34PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44753 7/20/2006 00114 SMART & FINAL IRIS COMPANY (Continued) Total : 164.95 44754 7/20/2006 13723 SMITH PAINT SUPPLY 630164 PRESSURE WASHER PARTS 001-3104-4309. 102.58 630165 SHIPPING FOR PRESSURE WASHER PARTS 001-3104-4309 8.60 Total : 111.18 44755 7/20/2006 11196 SORENSEN, W.D. 896866 BEE REMOVAL/ Jun 06 001-3302-4201 114.0 Total : 114.00 44756 7/20/2006 10960 SOUTH BAY AUTO UPHOLSTERY 0203 RECOVER SEAT OF PUB WORKS TRUCK 715-2601-4201 129.13 Total : 129.13 44757 7/20/2006 10764 SOUTH BAY CENTER FOR 63006 DISPUTE RESOLUTION/6-30-06 001-1132-4201 2,000.00 Total : 2,000.00 44758 7/20/2006 08604 SOUTH BAY FIRE CHIEFS ASSOC. 106 Annual Membership Dues/ FY 06/07 001-2201-4315 200.00 Total : 200.00 44759 7/20/2006 08226 SOUTH BAY FIRE PREVENTION 7106 ANNUAL MEMBERSHIP FY 06/07 001-2201-4315 100.00 Total : 100., 44760 7/20/2006 10532 SOUTH BAY FORD 95106 Auto Parts Purchase - May 06 715-2601-4311 21.33 95463 Auto Parts Purchase - May 06 715-2201-4311 6.31 95774 Auto Parts Purchase - May 06 715-6101-4311 7.26 96524 Auto Parts Purchase - Jun 06 715-4201-4311 65.76 Page: 11 vchlist Check Register Page: 12 07/20/2006 4:31:34PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44760 7/20/2006 10532 SOUTH BAY FORD (Continued) 97469 Auto Parts Purchase - Jun 06 715-4601-4311 160.31 97482 Auto Parts Purchase - Jun 06 715-2101-4311 26.85 97502 Auto Parts Purchase - Jun 06 715-4601-4311 1.65. CM97469 Auto Parts Returned - Jun 06 715-4601-4311 -133.37 Total : 319.86 44761 7/20/2006 08812 SOUTH BAY REGIONAL PUBLIC CO 200506529 PA Mic Replacement/ HB -12 715-2101-4311 58.03 200506531 MDC Battery/ HB -9 715-2101-4311 100.40 Total : 158.43 44762 7/20/2006 00146 SPARKLETTS 0706 2553313 447278. Drinking Water/ Jun 06 001-4601-4305 18.58 0706 2553411 447298. Water Cooler Rent/ Jul 06 001-2201-4305 2.00 070625533134472788. Drinking Water/ Jul 06 001-4601-4305 36.82 Total : 57.111 44763 7/20/2006 11812 STAPLES CREDIT PLAN 6934177001 MOBILE PLAN CENTER 001-4202-5401 729.55 Total : 729.55 44764 7/20/2006 01029 STEPHENS, INC., WALTER F. 0062336 -IN JAIL SUPPLIES/UNDERGARMENTS, TOILETRIE 001-2101-4306 112.78 Total : 112.78 44765 7/20/2006 09198 STONEBRIDGE PRODUCTIONS 19077 Sunset Concert Series/ Pymt # 2 001-4601-4201 Total : 10,000.00 10,000.00 Page: 12 13 vchlist Check Register Page: 13 07/20/2006 4:31:34PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44766 7/20/2006 11598 STREAMLINE HEALTH SERVICES 19288 Instructor Pymt/ # 10786 001-4601-4221 63.00 Total : 63.00 44767 7/20/2006 06349 THE ACTIVE NETWORK, INC. INC001598 Class Software Maint Fees/ 06/07 715-1206-4201 Total : 44768 7/20/2006 13845 TORRES CONSTRUCTION CORP 2 COMM CENTER BLDG COMPLEX/ PROG PYM1 140-8626-4201 301-8626-4201 Total : 6,611.94 6,611.94 42,648.2• 6,609.16 49,257.36 44769 7/20/2006 09364 TOYS R US E709490 Summer Blast/Teen Extreme Camp Supp 001-4601-4308 135.00 Total : 135.00 44770 7/20/2006 09078 TRUGREEN LAND CARE REGIONAL 2455123646 LANDSCAPE MAINTENANCE/JUN 06 001-6101-4201 16,135.64 105-2601-4201 695.25 109-3301-4201 257.50 2455123647 LANDSCAPE MAINTENANCE/ JUN 06 105-2601-4201 2,575.00 109-3301-4201 927.00 Total : 20,590.39 44771 7/20/2006 08207 UNDERGROUND SERVICE ALERT 620060305 Underground Service Alert/ Jul 06 160-3102-4201 80.0 0 Total : 80.00 44772 7/20/2006 09139 VANGUARD VAULTS 0011789 Off Site Storage / Apr -Jun 06 001-1121-4201 48.00 Total : 48.00 44773 7/20/2006 13905 VENTURA, JAYNE 127576 Class Refund 001-2111 77.00 Total : 77.00 Page: 13 /4 vchlist Check Register 07/20/2006 4:31:34PM CITY OF HERMOSA BEACH Page: 14 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44774 7/20/2006 00015 VERIZON CALIFORNIA 310 318-0200 880930 Phone Charges/ Jul 06 001-1121-4304 10.63 001-1132-4304 5.63 001-1141-4304 2.71 001-1201-4304 8.18 001-1202-4304 34. 001-1203-4304 35. 001-1208-4304 1.38 001-2101-4304 264.40 001-2201-4304 155.87 001-4101-4304 23.68 001-4201-4304 40.01 001-4202-4304 124.33 001-4601-4304 60.73 001-1204-4304 37.12 001-3302-4304 3.77 715-1206-4304 11.79 310 372-6373 040311 Circuit Billing/ Jul 06 001-2101-4304 30.01 Total : 849.72 44775 7/20/2006 10703 WILLDAN 061-20222 Sr. Bldg Inspector/ Apr 06 001-4201-4201 3,200.00 Total : 3,200.* 44776 7/20/2006 09234 ZEP MANUFACTURING COMPANY 53208241 HAND CLEANERS AND SANITIZERS 001-2101-4306 466.02 Total : 466.02 95 Vouchers for bank code : boa Bank total : 210,946.87 95 Vouchers in this report Total vouchers : 210,946.87 Page: 14 vchlist Check Register Page: 1 07/27/2006 4:41:20PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44777 7/27/2006 11837 AJILON OFFICE T000355545 Temp Services/ Week End 7-16-06 001-4601-4201 396.05 Total : 396.05 44778 7/27/2006 06827 ALL CITY MANAGEMENT 7818 Rev 1 CROSSING GUARD SERVICE/6-25 - 6/30/06 001-2102-4201 251.94 Total : 251. 110 44779 7/27/2006 06421 ALL STAR FIRE EQUIPMENT, INC. 107435 Inhalation Kits for Face Masks 001-2201-4309 141.05 Total : 141.05 44780 7/27/2006 12143 ALTEC INDUSTRIES, INC. 8897908 Parts - High Lift Truck 715-2601-4311 271.36 Total : 271.36 44781 7/27/2006 00152 ARAMARK UNIFORM SERVICES 586-4239116 Shop Towels Cleaned/ May 06 715-4206-4309 41.00 586-4239117 Mats & Shop Towels Cleaned/ May 06 001-3104-4309 68.00 586-4239118 Mats & Shop Towels Cleaned/ May 06 001-2201-4309 43.00 586-4239119 Mats Cleaned/ May 06 001-2101-4309 51.62 586-4239120 Mats Cleaned/ May 06 001-4204-4309 68.0 586-4239121 Mats Cleaned/ May 06 001-4204-4309 51.20 586-4239122 Mats Cleaned/ May 06 001-3302-4305 45.28 586-4249335 Shop Towels Cleaned/ Jun 06 715-4206-4309 41.00 586-4249336 Mats & Shop Towels Cleaned/ Jun 06 001-3104-4309 68.00 Page: 1 /b vchlist Check Register Page: 2 07/27/2006 4:41:20PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44781 7/27/2006 00152 ARAMARK UNIFORM SERVICES (Continued) 586-4249337 Mats & Shop Towels Cleaned/ Jun 06 001-2201-4309 43.00 586-4249338 Mats Cleaned/ Jun 06 001-2101-4309 51.62 586-4249339 Mats Cleaned/ Jun 06 001-4204-4309 68.40 586-4249340 Mats Cleaned/ Jun 06 001-4204-4309 51.20 586-4249341 Mats Cleaned/ Jun 06 001-4204-4309 45.28 586-4259434 SHOP TOWELS CLEANED/ JUN 06 715-4206-4309 48.84 586-4259435 Mats & Shop Towels Cleaned/ Jun 06 001-3104-4309 68.00 586-4259436 Mats & Shop Towels Cleaned/ Jun 06 001-2201-4309 43.00 586-4259437 Mats Cleaned/ Jun 06 001-2101-4309 51.62 586-4259438 Mats Cleaned/ Jun 06 001-4204-4309 68.48 586-4259439 Mats Cleaned/ Jun 06 001-4204-4309 51.. 586-4259440 Mats Cleaned/ Jun 06 001-3302-4309 45.28 Total : 1,113.58 44782 7/27/2006 08660 ARMSTRONG MEDICAL 1169389 Medical Supplies/ Jul 06 001-2201-4309 136.06 Total : 136.06 44783 7/27/2006 00321 AT&T 331 254-6071 301 5 Circuit Billing/ Jul 06 001-2101-4304 57.66 333 267-6155 686 9 Circuit Billing/ Jul 06 001-2101-4304 188.36 Page: 2 /7 vchlist Check Register Page: 3 07/27/2006 4:41:20PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice 44783 7/27/2006 00321 AT&T (Continued) 333 267-6160 767 0 333 267-6161 416 3 333 267-6164 193 5 333 267-6165 717 0 44784 7/27/2006 13910 BALLARD, SHARON 19322 44785 7/27/2006 13911 BELICE, LYNN 19320 44786 7/27/2006 08585 BUSH, AARON 19337 44787 7/27/2006 00034 BUSINESS SYSTEMS CORPORATIC 284902 44788 7/27/2006 13764 CAL ASSO OF CODE ENFORCEMEP 19355 44789 7/27/2006 12230 CALIFORNIA OVERNIGHT 44790 7/27/2006 10547 CBM CONSULTING, INC. 5277547 324009 Description/Account Amount Circuit Billing/ Jul 06 001-2101-4304 Circuit Billing/ Jul 06 001-2101-4304 Circuit Billing/ Jul 06 001-2101-4304 Circuit Billing/ Jul 06 001-2101-4304 Registration Reimburse/ 6-26-06 001-2101-4313 Total : 59.44 59.44 50.68 50.60 466.26 30.00 Total : 30.00 Citation Refund/ #12060107.74 001-3302 330.00 Total : 330.00 Registration Reimbursement/ 4-13-06 001-2201-4317 350.00 Total : 350.00 TRAFFIC CITATIONS 001-2101-4305 1,699.31 Total : 1,699. Registration/ R Rollins 001-4201-4317 65.00 Total : 65.00 Express Mail/ Jul 06 001-2101-4305 72.05 Total : 72.05 ENGINEERING SERVICES/ JUN 06 301-8120-4201 2,736.64 Page: 3 if? vchlist Check Register Page: 4 07/27/2006 4:41:20PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44790 7/27/2006 10547 CBM CONSULTING, INC. (Continued) Total : 2,736.64 44791 7/27/2006 09632 CDWG BDM9718 Filemaker Software 001-4601-4201 284.03 Total : 284.03 44792 7/27/2006 00634 CHEVRON AND TEXACO CARD SEF 7898192088607 Gas Card Purchase/ Jun 06. 715-2101-4310 436.1 0 Total : 436.13 44793 7/27/2006 04715 COLEN AND LEE 2806 GEN LIABILITY CLAIMS ADMIN/ JUN 06 705-1209-4201 847.83 Total : 847.83 44794 7/27/2006 09614 CONTINENTAL MAPPING SERVICE 63006 300' Noticing - 1601 PCH 001-4101-4201 225.00 Total : 225.00 44795 7/27/2006 07809 CORPORATE EXPRESS 71545844 Office Supplies/ Jun 06 001-1208-4305 158.60 71545845 Office Supplies/ Jun 06 001-1208-4305 56.15 71571777 File Cabinet 001-2101-5401 247.89 71575139 Office Supplies/ Jul 06 001-4601-4305 97.10 Total : 559.83 44796 7/27/2006 07700 CPRS 112419 Membership Dues/ A Davis 001-4601-4315 125.00 112421 Membership Dues/ A. Makarcyk 001-4601-4315 80.00 112422 Membership Dues/ D Hrboka 001-4601-4315 80.00 Total : 285.00 44797 7/27/2006 03674 CPS HUMAN RESOURCE SERVICE: SOP18637 Firefighter Exam Page: 4 /9 vchlist Check Register Page: 5 07/27/2006 4:41:20PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44797 7/27/2006 03674 CPS HUMAN RESOURCE SERVICE: (Continued) 001-1203-4201 616.00 Total : 616.00 44798 7/27/2006 00850 CURTIS, L.N. 1106781-00 TURNOUT PANT FOR K BRIDGES 001-2201-4350 633.26 1107064-00 STRIKE TEAM JACKET/BUSH,MARKS,LICKHAL 001-2201-4350 476.84 1107064-01 GOGGLES 001-2201-4350 57.96 1107064-02 STRIKE TEAM JACKET/GREBBIEN 001-2201-4350 161.82 1107276-00 Equipment Parts/ Jul 06 001-2201-5401 46.87 Total : 1,376.77 44799 7/27/2006 08855 D & D SERVICES, INC. 4146 Dead Animal Disposal/ Jun 06 001-3302-4201 295.00 Total : 295.00 44800 7/27/2006 04689 DATA TICKET, INC. 0990606 DMV Record Retrieval - Jun 06 001-1204-4201 248.92 Total : 248.92 44801 7/27/2006 11398 DEBILIO DISTRIBUTORS,INC 228691 Prisoner's Meals/ Jun 06 001-2101-4306 233.2 Total : 233. Mr 44802 7/27/2006 12991 DELL MARKETING L.P. N80500960 FLAT SCREEN COMPUTER MONITORS 715-4202-5402 1,614.62 Total : 1,614.62 44803 7/27/2006 00364 DEPARTMENT OF JUSTICE 577539 Employee Fingerprinting/ Jun 06 001-1203-4251 531.00 Total : 531.00 44804 7/27/2006 13559 DTG OPERATIONS, INC. 19270 Citation Refund/ # 1606018443 Page: 5 vchlist Check Register 07/27/2006 4:41:20PM CITY OF HERMOSA BEACH Page: 6 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44804 7/27/2006 13559 DTG OPERATIONS, INC. (Continued) 001-3302 65.00 Total : 65.00 44805 7/27/2006 07853 EMPIRE PIPE CLEANING & EQUIP 7216 Sewer Line Maint/ Jun 06 160-3102-4201 7,527 Total : 7,527. 44806 7/27/2006 12729 ENFACT SOLUTIONS, INC. 1080 ADMIN STORM WATER PROGRAM/APR 06 160-3102-4201 6,035.00 Total : 6,035.00 44807 7/27/2006 01320 GALLS/LONG BEACH UNIFORM CO 786992 Uniform Supplies/ Batons 001-2101-4314 24.84 Total : 24.84 44808 7/27/2006 05125 GHASSEMI PETTY CASH, MARIA 19370 Petty Cash Replenishment/ Jul 06 001-1101-4305 5.19 001-1201-4317 25.00 001-1203-4201 9.47 001-2101-4305 118.28 001-2101-4317 90.00 001-2101-4309 36.96 001-2201-4309 10.35 001-2201-5401 6. 001-3104-4309 91.9 001-4101-4305 4.32 001-4201-4305 92.19 001-4601-4305 143.08 001-4601-4308 254.66 001-6101-4309 27.05 Total : 915.02 44809 7/27/2006 06518 HAYER CONSULTANTS, INC. 2606 Plan Check/ 3-28 - 5-9-06 001-4201-4201 3,984.08 Total : 3,984.08 44810 7/27/2006 04108 HAZELRIGG RISK MGMT SERV, INC 72406 Workers Comp Claims/ 7-24-06 Page: 6 c2 vchlist Check Register Page: 7 07/27/2006 4:41:20PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44810 7/27/2006 04108 HAZELRIGG RISK MGMT SERV, INC (Continued) 705-1217-4324 Total : 16,943.96 16,943.96 44811 7/27/2006 13909 HOLMAN PROFESSIONAL 62306 Employee Services/ Jun 06 001-1203-4201 750.00 Total : 750.00 44812 7/27/2006 09657 INFOLINK SCREENING SERVICES 218468 Pre-employment Screening/ Jun 06 001-1203-4201 32.8 Total : 32.80 44813 7/27/2006 13629 INTERNATIONAL CODE COUNCIL 0175797 -IN 2003 INTERNATIONAL BUILDING CODE 001-4201-4317 93.60 Total : 93.60 44814 7/27/2006 13840 JOHN M CRUIKSHANK 5976 DESIGN AND ENGINEERING SERVICES/ JUN 0 301-8104-4201 3,190.00 Total : 3,190.00 44815 7/27/2006 13912 KRESICH, JOHN 19323 Work Guarantee Refund/ # 5769 001-2110 1,600.00 Total : 1,600.00 44816 7/27/2006 09696 L.A. AREA FIRE CHIEFS ASSOC 31306 Annual Dues/ R Tingley 001-2201-4315 200.00 Total : 200.10 44817 7/27/2006 10677 LAWRENCE ASSOCIATES 70106 Staff Support Services/ Jun 06 140-8626-4201 1,198.50 117-5301-4201 1,768.00 Total : 2,966.50 44818 7/27/2006 11452 LEHNER/MARTIN,INC 963975 44819 7/27/2006 02175 LIEBERT, CASSIDY WHITMORE 67967 Helium Tank Refill/ Jun 06 001-4601-4308 19.20 Total : 19.20 Legal RE: HE050 00029 RK/ Jun 06 Page: 7 vchlist Check Register Page: 8 07/27/2006 4:41:20PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44819 7/27/2006 02175 LIEBERT, CASSIDY WHITMORE (Continued) 001-1203-4201 651.00 67968 Legal RE: HE050 00032 RK/ Jun 06 001-1203-4201 10,986.72 67969 Legal RE: HE050 00034 RK/ Jun 06 001-1203-4201 3,619. 67970 Legal RE: HE005 00036 RW Jun 06 001-1203-4201 493.20 67971 Legal RE: HE050 00037 RK/ Jun 06 001-1203-4201 2,261.67 67972 Legal RE: HE050 00038 RK/ Jun 06 001-1203-4201 17.00 67973 Legal RE: HE050 00039 RGU/ Jun 06 001-1203-4201 239.85 Total : 18,268.82 44820 7/27/2006 02175 LIEBERT, CASSIDY WHITMORE 66072 So Bay Emp Relations Consortium/06/07 001-1203-4317 2,485.00 Total : 2,485.00 44821 7/27/2006 08445 LITTLE CO OF MARY HOSPITAL Q016818127 Medical Services - Q016818127 001-2101-4201 480.00 Q017045881 Blood Alcohol Draw/ Q017045881 001-2101-4201 41.40 Q017128671 Blood Alcohol Draw/ Q017128671 001-2101-4201 41.00 Total : 562.00 44822 7/27/2006 10914 LOS ANGELES ZOO 3773 Summer Blast Zoo Trip 001-4601-4201 282.00 Total : 282.00 44823 7/27/2006 13066 LOS ANGELES, CITY OF 48H-50-3734-07-004 LARA Membership Dues/ 06/07 117-5301-4315 3,841.05 Total : 3,841.05 44824 7/27/2006 13658 MBF CONSULTING, INC. 200-182 DESIGN & ENGRG SERVICES/ 4-24 TO 6-25-06 Page: 8 vchlist Check Register 07/27/2006 4:41:20PM CITY OF HERMOSA BEACH Page: 9 Bank code : boa Voucher Date Vendor Invoice 44824 7/27/2006 13658 44825 7/27/2006 07827 44826 7/27/2006 07762 MBF CONSULTING, INC. MUTUAL PROPANE NEOPOST 44827 7/27/2006 13114 OFFICE DEPOT 44828 7/27/2006 10139 PARKING CONCEPTS INC. 44829 7/27/2006 13869 PCI (Continued) Description/Account Amount 160-8413-4201 200-183 ENGINEERING SERVICES/ 4-24 TO 6-25-06 160-8418-4201 086821 816784 42434733 42434833 42434834 Service Agreement/ Propane Tank 715-4206-4310 Propane Parts/ Jul 06 715-3302-4311 Maintenance Agreement/ Mailing Machine 715-1208-4201 Annual Postage Meter Rental 715-1208-4201 Maintenance Agreement/ Postage Scale 715-1208-4201 343403356-001 Office Supplies/ Jul 06 001-1203-4305 2840606 2850606 PARKING STRUCTURE/JUN 06 109-3304-4231 OPERATING EXPENSES LOT A/ JUN 06 109-3305-4231 11011 PIER AVENUE STREET IMPROV/JUN 06 146-8116-4201 109-3304-4201 44830 7/27/2006 11539 PROSUM TECHNOLOGY SERVICES 18274 Computer Support/ Jun 06 715-1206-4201 Total : Total : Total : Total : Total : Total : 18,663.00 1,314.00 19,977.00 1.40 329.08 330.08 495.00 909.30 134.20 1,538.50 8.84 8.84 15,030.1 9,010.85 24,040.91 20,880.68 17,400.00 38,280.68 12,300.00 Page: 9 oZ y vchlist Check Register Page: 10 07/27/2006 4:41:20PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44830 7/27/2006 11539 PROSUM TECHNOLOGY SERVICES (Continued) 18275 Computer Support/ Sr. Consult/ Jun 06 715-1206-4201 Total : 375.00 12, 675.00 44831 7/27/2006 13608 PSOMAS 0021480 DesignSer/Pier Plaza Clock/4-28to5-25-06 109-3301-4201 4,408. 0021539 Interim Assoc Engineer/ 4-28 to 5-25-06 302-8121-4201 6,117.50 0022226 Interim Assoc Engineer/ 5-26 to 6-22-06 301-8117-4201 6,136.00 302-8121-4201 5,100.00 301-8535-4201 840.00 Total : 22,602.48 44832 7/27/2006 03353 S.B.C.U. VISA 443617140600440004. TPA Interview Panel Lunch 705-1217-4201 20.05 Total : 20.05 44833 7/27/2006 00839 SAXE-CLIFFORD PH D, SUSAN 6-0705-4 Pre-employment Evaluation 001-1203-4320 375.00 Total : 375.00 44834 7/27/2006 09784 SHIFT CALENDARS, INC. 71106 SHIFT CALENDARS/YEAR 2007 001-2201-4305 328. Total : 328.7 44835 7/27/2006 00114 SMART & FINAL IRIS COMPANY 7586 Cleaning & Misc Supplies/ Jun 06 001-4204-4309 45.75 001-2201-4305 21.86 Total : 67.61 44836 7/27/2006 00159 SOUTHERN CALIFORNIA EDISON C 2-00-989-6911 Electrical Billing - Jun 06 105-2601-4303 66.15 2-00-989-6911-A Electrical Billing - Jul 06 105-2601-4303 28.76 Page: 10 vchlist Check Register Page: 11 07/27/2006 4:41:20PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44836 7/27/2006 00159 SOUTHERN CALIFORNIA EDISON C (Continued) 2-00-989-7315 Electrical Billing - Jun 06 105-2601-4303 9,730.56 2-00-989-7315-A Electrical Billing - Jui 06 105-2601-4303 101.46 2-01-836-7458 Electrical Billing - Jun 06 105-2601-4303 21.19 2-01-836-7458-A Electrical Billing - Jul 06 11 105-2601-4303 9. 4 2-02-274-0542 Electrical Billing - Jun 06 001-6101-4303 9.74 2-02-274-0542-A Electrical Billing - Jul 06 001-6101-4303 4.24 2-08-629-3669 Electrical Billing - Jun 06 001-4204-4303 10.40 2-08-629-3669-A Electrical Billing - Jul 06 001-4204-4303 2.50 2-09-076-5850 Electrical Billing - Jun 06 105-2601-4303 26.52 2-09-076-5850-A Electrical Billing - Jul 06 105-2601-4303 11.53 2-10-947-9824 Electrical Billing - Jun 06 105-2601-4303 68.29 2-10-947-9824-A Electrical Billing - Jul 06 105-2601-4303 29.1 2-19-024-1604 Electrical Billing - Jun 06 160-3102-4303 384.89 2-19-024-1604-A Electrical Billing - Jul 06 160-3102-4303 167.35 2-20-128-4825 Electrical Billing - Jun 06 109-3304-4303 1,860.71 2-20-128-4825-A Electrical Billing - Jul 06 109-3304-4303 809.00 2-20-128-5475 Electrical Billing - Jun 06 001-4204-4303 35.48 Page: 11 vchlist Check Register Page: 12 07/27/2006 4:41:20PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44836 7/27/2006 00159 SOUTHERN CALIFORNIA EDISON C (Continued) 2-20-128-5475-A Electrical Billing - Jul 06 001-4204-4303 8.52 2-20-984-6179 Electrical Billing - Jun 06 105-2601-4303 17.42 2-20-984-6179-A Electrical Billing - Jul 06 105-2601-4303 7. 11/ 2-20-984-6369 Electrical Billing - Jun 06 105-2601-4303 137.50 2-20-984-6369-A Electrical Billing - Jul 06 105-2601-4303 33.00 2-21-400-7684 Electrical Billing - Jun 06 105-2601-4303 22.41 2-21-400-7684-A Electrical Billing - Jul 06 105-2601-4303 6.53 2-21-964-8003 Electrical Billing - Jun 06 105-2601-4303 19.08 2-21-964-8003-A Electrical Billing - Jul 06 105-2601-4303 5.34 2-22-267-0663 Electrical Billing - Jun 06 109-3304-4303 44.98 2-22-267-0663-A Electrical Billing - Jul 06 109-3304-4303 19.1 2-23-687-8021 Electrical Billing - Jun 06 001-3104-4303 54.52 2-23-687-8021-A Electrical Billing - Jul 06 001-3104-4303 10.91 2-26-686-5930 Electrical Billing - Jun 06 105-2601-4303 1,770.97 2-26-686-5930-A Electrical Billing - Jul 06 105-2601-4303 749.76 Total : 16,285.76 44837 7/27/2006 13803 TIGER DIRECT, INC 90005436336 Merchandise Returned 001-6101-4309 -279.99 Page: 12 vchlist Check Register Page: 13 07/27/2006 4:41:20PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 44837 7/27/2006 13803 TIGER DIRECT, INC (Continued) P736604701022 COMPUTER EQUIP FOR IRRIGATION SYS 001-6101-4309 44838 7/27/2006 00015 VERIZON CALIFORNIA 310 167-1756 990511 Circuit Billing / Jul 06 001-2101-4304 310 372-6186 890831 Phone Charges/ Jul 06 001-1101-4304 001-1121-4304 001-1202-4304 310 PLO -0346 030623 Circuit Billing / Jul 06 001-2101-4304 44839 7/27/2006 00371 WEST BASIN WATER ASSOCIATIOF 70106 MEMBERSHIP DUES/ 06/07 001-1101-4315 44840 7/27/2006 11219 WESTCHESTER MEDICAL GROUP 71406 Pre-employment Exam/ Jun 06 001-1203-4320 44841 7/27/2006 02873 WESTERN GRAPHIX 25306 Employee ID Badges/ Jun 06 001-2101-4201 44842 7/27/2006 00315 YAMADA COMPANY INC. 46284 Auto Parts/ Jun 06 715-6101-4311 66 Vouchers for bank code : boa 66 Vouchers in this report 744.45 Total : 464.46 269.88 8.40 12.14 13.32 41.94 Total : 346.00 200.00 Total : 200.00 475.00 Total : 475.00 77.78 Total : 77.7 27.68 Total : 27.68 Bank total : 223,520.60 Total vouchers : 223,520.60 Page:. 13 vchlist Check Register 07127/2006 4:41:20PM CITY OF HERMOSA BEACH Page: 14 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount "I hereby certify that the demands or claims covered by the checks listed on pages // to '1'7 inclusive, of the check register for /AD accurate funds are available for payment, and are in conformance to the budget." By Date Finance Director Page: 14 • August 3, 2006 Honorable Mayor and Members of the Hermosa Beach City Council `i o124) df -8-o4. Regular Meeting of August 8,2006 1 TENTATIVE FUTURE AGENDA ITEMS 1 NO MEETING --�= APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE Administrative Penalties Municipal Code Amendment Community Development Director Recommendation to receive and file Project Status Report. Public Works Director Recommendation to receive and file the action minutes of the Public Works Commission meeting of July 19, 2006. Public Works Director Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of August 1, 2006. Community Resources Director Recommendation to receive and file the action minutes of the Planning Commission meeting of August 15, 2006 Community Development Director Recommendation to receive and file the action minutes of the Public Works Commission meeting of August 16, 2006. Public Works Director Activity Reports — July 2006 All Departments PMB:E_R 2:67:200:6 Report on proposed amendment to C-1 zone Community Development Director Report on proposal to add residential use in M-1 zone Community Development Director Review Work Plan 2006-07 City Manager Plumbing Code Update Community Development Director Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of September 5, 2006. Community Resources Director Recommendation to receive and file the action minutes of the Planning Commission meeting of September 19, 2006. Community Development Director Activity Reports — August 2006 All Departments 2c Mayor and Members of the City Council REPORT OF CUSTOMER SERVICE SURVEYS/COMPLAINTS Recommendation: To receive and file the report. August 1, 2006 Regular Meeting of August 8, 2006 Complaint/Survey Summary The departments in this summary has been abbreviated (CD = Community Development, CM = City Manager, FC = Finance Cashier). One survey did not specify a particular department. This summary report includes surveys received in the City Clerk's office from the 1st of June through the 31st of July, 2006. No complaints or letters were received during the specified time period. The following summarizes the 5 surveys received: Dept(s) Date Rec'd Service Additional comments FC 06-05-06 Excellent Always a pleasure to do business with the City FC 06-14-06 Excellent Appreciates 4 -day work week with extended hours City Hall 06-19-06 All good Re proposed landscaping district — "good concept, bad timing" FC/CM 06-21-06 Excellent CD 07-17-06 Excellent Need for more parking Elaine Noted: Stephen -1 , r ity Manager oerfling, City Clerk 2d July 31, 2006 Honorable Mayor and Members For the City Council Meeting of the City Council of August 8, 2006 ACCEPTANCE OF DONATIONS Recommended Action: It is recommended that the City Council accept donations received by the City to be used as follows: Donor Pierce Promotions Anonymous Respectfully submitted: d&e.t.e.) C9/1z-&-tAi Valerie Mohler Accounting Supervisor Amount Purpose $8,000.00 To be used for the Centennial Concert Series to be held in 2007- 08. $1,962.72 Donations collected at the 7/23/06 Sunset Concert to be used for the Centennial Concert Series to be held in 2007-08. Concur: Viki Copeland Finance Director Ste. enwurrell City Manager 2e e1BLIC WORKS COMMISSICO JOINT MEETING WITH PLANNING COMMISSION WEDNESDAY, JUNE 21, 2006 CITY HALL, COUNCIL CHAMBERS 1315 VALLEY DRIVE 7:00 P.M. The meeting was called to order at 7:07 p.m. 1. Roll Call Present: Public Works Commissioners. Beste, DiVirgilio, Marinelli Planning Commissioners Allen, Hoffman, Perotti, Pizer Also Richard Morgan, Director of Public Works/City Engineer Sol Blumenfeld, Community Development Director Present: Michael Flaherty, Public Works Superintendent Ken Robertson, Senior Planner Rhea Punneo, Administrative Assistant, Public Works Department Absent: Public Works Commissioner Winnek Planning Commissioner Kersenbloom 2. Flag Salute Commissioner DiVirgilio led the flag salute. After the flag salute, Commissioner DiVirgilio invited Mr. Morgan who reviewed the purpose of the meeting, advising that they're looking for free interaction between the commissioners and suggesting that could perhaps meet again in another six months. 3. Public Comment (moved from end of agenda to this position): John Dzus, Hermosa Beach Has lived on I &Street about 2 years, advised that with parking on both sides of the street and two-way traffic it is difficult to get in and out of parking as well as getting up and down the street. Would like to see no parking on a portion of Ocean Drive between Aviation and 10th St. on the east side of street. Dave Rodriquez, Hermosa Beach Indicated support of recent mailing regarding lighting and landscaping supplemental assessment district. Also, indicated support of slowing of traffic on Pier Ave. and throughout the community. Would like to see achieving the goal of slowing traffic and adding trees to the area. Commissioner Pizer suggested they start the meeting by having the department heads define the jobs of the departments adding that the Planning Commission plans and the Public Works Commission sees it gets built. 2f • • Mr. Blumenfeld's description of the Planning Commission included: • It is a decision making body defined in the Municipal Code. • It is the only commission to make final decisions on land use matters that are non- legislative • Unless appealed, the Planning Commission is the final word on land use planning. • it makes recommendations regarding land use. • Comments on land issues as they relate to land with respect to the General Plan Mr. Morgan's description of the Public Works Commission included: • It is an advisory body that makes recommendations - an example would be the criteria established for disabled parking spaces for residents. • Issues come to the commission with anything policy related, hears from the public, makes recommendations to Council • Voiced his appreciation for the existence of the PW Commission, adding that the town hall meetings highlight the open public process in Hermosa. • Makes job easier when go to Council,- having had a town hall meeting, utilizing the resident input. Mr. Hoffman further defined the difference between the commissions in that the Planning Commission deals primarily with private land use issues while the Public Works Commission deals with projects in the public right-of-way, an important distinction. The Planning Commission feels the urban design element has to be addressed; noted painting the light standards has more to do with what the City looks like than all the condos. Feels a good idea to have the two commissions on the same page — each commission should be aware of what the other is doing. Further discussion highlighted the following: • There's a need for good communication between the two commissions/departments to avoid appearing to give residents "the run-around.". • Don't want to get to a point where there is a duplication as effort • Shouldn't feel bad sending people to the proper place • At an important juncture, need urban design element for the General Plan • These are the two commissions that should handle this project or, the department heads may discuss and then take to Council Commissioner DiVirgilio reopened the floor to public comments. Tammy Lubiani, Hermosa Beach Concerned about Pier Avenue — worried about safety vehicles getting out and around the traffic. 4. Discussion Items a. Aviation Boulevard Mr. Blumenfeld advised that the Planning Commission adopts an annual work plan and that this year the Commission directed staff to prepare an Aviation Corridor Specific Plan. He defined the elements of a Specific Plan, noting that there are many ways a plan can be oriented. PW Commission 2 6/21/06 A • • They set out to study the area, noting the area needed a lot of help; closely looked at land use conditions. There are three components to the study: investigation, documentation and implementation. They'll be working closely with Public Works to put the information on the City's GIS system to develop very detailed land use mapping where they'll soon move to identify problems which surface through this mapping process. They'll then seek community input for developing policies and programs. They want to know how the community feels about the area. After amassing comments, will move to documentation phase which will become an implementation tool of the General Plan after hearings and approval/adoption by the City Council. Typically takes a year to a year and a half to complete the plan, they are ten months into it at this time. Mr. Perotti suggested that a member of the PW Commission would like to attend and Mr. Morgan noted that perhaps the PW Commission would form a sub -committee to attend and report back to the commission as was done for the parkway tree project. Mr. Blumenfeld noted that some of the offsite improvements that Public Works wants to do can be made conditions of approval by Community Development when part of the Specific Plan. Mr. Morgan concurred, adding that should ask that builders take responsibility for parkway trees and gave a brief history of the lighting/landscaping district how necessary it is. Mr. Perotti said the he was glad to hear that the tree project for Aviation Boulevard is finally funded since it has taken quite a bit of time. In response to Mr. Beste's inquiry about adding requirements for more setbacks or adding vacations for specific properties along Aviation Boulevard, Mr. Blumenfeld said the plan is a work in process and they expect to have standard development issues spelled out in the Zone Code. Feels the additions talking about — street trees, grates - would help the area. There are some solid uses in the area, real pedestrian generators. Question is how do they develop more of these generators? How do they improve the physical use, land use, encourage building, improvement incentives, etc.? How do residents in the area feel? Further discussion highlighted: • Need to look at land use issues • There is no business improvement district for the area at this time • Need to have the businesses in league to create an underground utility district • Plan for trees and grates is 90% complete — 60 trees from PCH to Harper. • Don't have the business base at this time to support changes • Plan needs further development before it is taken to Council. • Originated as work plan from the commission, not Council direction. • Level of effort for General Plan update is huge — comprised of several elements Commissioner DiVirgilio opened the floor for public comments. Coming forward to address the Commissions were: Carolyn Petty, Hermosa Beach Said she has seen a change in the quality of life driven by traffic; is concemed about the infrastructure — it hasn't changed but traffic has become horrendous; without a plan for infrastructure improvement, wouldn't like to see beautification of Aviation Boulevard. Wouldn't want to see anything that would create more traffic. PW Commission 3 6/21/06 • Dave Rodriquez, Hermosa Beach Have to decide if Hermosa Beach is going to be a city of a village. He tries to avoid driving on weekends. Doesn't seem to be a cohesive plan when comparing Hermosa vs. Manhattan. Have to pick vision and plan and holistically look at it. Would rather have a community sense here rather than an urban sense. b. Upper Pier Avenue Mr. Morgan began the discussion, giving a brief history and noting that now have funding for improvements. Pier Avenue pavement is in need of refurbishing as well as solving flooding problems. Goal is to begin construction is in FY 06-07. Found old implementation plan that was part of plan used for Pier Plaza which included widening sidewalks and reducing to two travel lanes. Conferred with traffic engineering consultant and determined the street could handle it; then determined to do a test, which was implemented on June 7. He acknowledged there have been issues of concern. The goal is to create a more pedestrian friendly, small town feeling and slowing traffic is part of that. Taking steps to observe the traffic plus taking item to Council to make modifications which would relieve congestion in front of Fire Department as well as changing width of center lane. Will have another meeting to review situations. This is a major gateway street; would like to see businesses flourish, more pedestrian safety before spending a few million dollars so feel painting first is providing valuable information. Discussion highlighted: • Some would like to see STOP at Bard stay even after work is completed • Funding sufficient for basics — sidewalks, drainage — but may be short on amenities • Perhaps business improvement district could be developed as was done on the Plaza • Bicycle riders like median • Upper Pier Ave. is not the same as Aviation Blvd. — they are completely different; vision of Upper Pier hasn't been seen yet, only the traffic plan • Major questions: What is goal of Pier Ave.? The look" being discussed is an urban design issue should be able to go to urban design element to determine. • Public involvement encouraged • There are no proposed improvements for traffic signals at Artesia and PCH or Pier and PCH • Don't want to push traffic into residential areas • The level of service on a street like Artesia is a regional issue — City has no control at all Floor opened for public comment at this time: Tammy Lubiani, Hermosa Beach Widening parking?! She said she can't make a right turn as it is... is now driving in residential areas because of the traffic on Pier. PW Commission 4 6/21/06 • • Carolyn Petty, Hermosa Beach Said the F grade indicates problems with the infrastructure. The new buildings indicate there'll be more traffic in the future. Said she sees more people and wonders if the City can support all these people. The infrastructure will only get worse; it comes down to who drives the decisions — businesses? Poll the residents — do they want bigger sidewalks or the traffic to flow? Mr. Morgan noted that comments are encouraged — that's the purpose of the test. There'll be a large public process before any final decisions. Stay involved. Mr. DiVirgilio added that this is all part of the process determined in the 90's. Dave Rodriquez, Hermosa Beach Said willing to sacrifice a few minutes to get to PCH for better quality of life. Mr. Marinelli noted that Mr. Morgan has developed and undertaken an ambitious plan to improve the infrastructure in the three years he's been here. c. Street Tree Ordinance Mr. Morgan noted that it took a long time to develop, delaying the Aviation Street Tree Project but Staff like the improvements. Brief summary of the ordinance included: • Assigns administration of the Ordinance to the Director of Public Works instead of the Director of Parks and Recreation • A permit is required to plant a street tree • There is an official list of acceptable trees • Stipulations set for removal of parkway tree • Policy developed: trees in excess of 12" in diameter at 60" above ground requires a petition and PW Commission hearing before can remove • Puts responsibility for tree pushing up sidewalk on property owner Discussion of the ordinance with regard to new developments highlighted the following: • Public Works would speak to the issue of removing street trees by developer putting in driveway during plan check. • There is no list of streets where we want trees • Current GIS project building infrastructure layer for trees; haven't yet addressed line of sight issues d. Conditions of Approval for New Projects Mr. Blumenfeld noted that this falls into what was just discussed about communicating with Public Works when plan first comes in. Every discretionary permit has a condition of Public Works approval. Better communication and coordination is the best interface between the departments. Among cooperative actions taken by the two departments, the Hold Harmless Agreement is one that Mr. Morgan said is not his ideal solution — doesn't like that water from the public right-of-way is running onto private property. Agreement basically says that property owner recognized that he did not meet City's requirements and City has no liability in the situation. It was noted that because many people want asmuch developable area as PW Commission 5 6/21/06 • possible, the subterranean garages are being permitted, but owner must take responsibility. It was also noted that houses are no longer allowed to pump water into the street — must be done on-site. City does not issue discharge permits. Handling these issues at the beginning of a project will make a big difference with regard to drain back-ups into City streets and flooding neighborhoods. At this time Mr. DiVirgilio asked for suggestions for future joint meetings. Mr. Hoffman suggested more frequent meetings but asked for caution what would cause for staff. Suggested that when topic is obvious, sub -committees would be the next logical step or action. The Pier Avenue design element is an example of an obvious topic for creating a sub -committee. Forming the sub -committee could be initiated by either commission. Mr. Pizer suggested the commissioners review the plans from other cities that he'd provided. Mr. DiVirgilio suggested that the commissions meet at the very least on an annual basis. 5. Meeting Minutes April 19, 2006 meeting minutes were approved as written. 7. Commissioners' Reports None 8. Public Works Department Reports a. Monthly Activity Report — March, April Received and Reviewed b. Project Status Report — March, April Received and Reviewed 9. Items Requested by Commissioners None 10. Other Matters Mr. DiVirgilio thanked the Planning Commissioners for their participation. 11. Public Comment None 12. Adjournment Commissioner DiVirgilio adjourned the meeting at 9:10 p.m. to the meeting of Wednesday, July 19, 2006. PW Commission 6 6/21/06 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 June 21, 2006. Michael DiVirgilio, Vice Chairman Richard i. Morgan, P.E., Secretary r/0‘ Date PW Commission et Sol Blumenfel , Community Development Director F:1B951PWFILESIPW Commission\minuteslminutes 6-21-06.doc 7 6/21/06 t • • gotareue- g/do/O July 31, 2006 Honorable Mayor and Members of Regular meeting of The Hermosa Beach City Council August 8, 2006 APPROVAL OF THE MEMORANDUM OF UNDERSTANDING FOR PARTICIPATION IN THE LOS ANGELES REGION - IMAGERY ACQUISITION CONSORTIUM (LAR -IAC) Recommendation: It is recommended that the City Council: 1. Approve the Memorandum of Understanding with the Los Angeles Region - Imagery Acquisition Consortium (LAR -IAC) in the amount not to exceed $19,200; and 2. Authorize the City Manager to execute the agreement after approval as to form by the City Attorney. Background: One of the City's most critical Geographic Information System (GIS) layers of information is aerial orthophotography. It not only provides an important base upon which to build other GIS information layers, it is also an important analysis tool and illustration resource in reports, displays, and presentations. It can also help staff answer questions from their desktops, thereby saving them a trip to the job site. The City's existing aerial photography was done in 1994. A significant amount of change has taken place in the City over the last twelve years, including PCH commercial development, the Pier and Life Guard Facility Renovation, as well as many smaller commercial and residential projects. The absence of these developments in the existing aerial photography increasingly limits their usefulness as a planning and research tool. In addition, features for these new developments, such as building footprints and infrastructure, are missing from the GIS, thereby limiting its analytical and cartographic accuracy as well. The Los Angeles Region — Imagery Acquisition Consortium (LAR -IAC) is a cooperative partnership with Los Angeles County and at least twenty-eight other public agencies within the LA County region. As a member of this consortium, the City would obtain the following products: • high resolution color digital aerial photography • high resolution aerial oblique photography • two -foot elevation contours • LiDAR digital terrain model • infra -red photography 2g • • This data has already been captured (January 2006), and all of the products are received as a bundle. This project would replace the existing black and white aerial photography with color photography. Color offers many advantages for the users, especially when distinguishing and locating small features such as fire hydrants, manhole covers, and curb lines. In addition, this project would provide higher resolution photography (4 -inch pixels), making all features appear sharper. This will allow recognition of features previously unobtainable from the existing 12 - inch -pixel aerial photos. The elevation contours and Digital Terrain Model (DTM) will enable more powerful analyses, such as: • Three-dimensional visualization • Viewshed/visibility/line-of-sight analyses • Hydrologic runoff and flood modeling Lastly, this data will be consistent throughout the County (i.e., in the same coordinate system, referenced to the same parcel base), thereby facilitating a better working relationship amongst the various agencies. This is an unprecedented opportunity to join a project that will give the city more imagery products at a lower cost, higher quality, and larger coverage area than the city could obtain on. its own. Therefore, staff recommends that the City Council approve the Memorandum of Understanding with the Los Angeles Region — Imagery Acquisition Consortium (LAR -IAC) in the amount not to exceed $19,200. Fiscal Impact: The cost of Hermosa Beach's participation in the LAR -IAC is $19,200. Funding has been approved in the FY 06-07 budget Attachment: Memorandum of Understanding Respectfully submitted, Richard . Morg Director of Public Works/City Engineer Noted For Fiscal Impact: Viki Copeland Finance Director Concur: F:1b951pwfiles\ccitems\MOU approval for LAR -IAC 8-08-06.doc- 2 • • MEMORANDUM OF UNDERSTANDING FOR THE LOS ANGELES REGION IMAGERY ACQUISITION CONSORTIUM (LAR -IAC) PROGRAM BY AND BETWEEN THE COUNTY OF LOS ANGELES AND PARTICIPATING ENTITIES This Memorandum of Understanding ("Agreement") is made and entered into effective as of August 8, 2006, by and among the County of Los Angeles, a political subdivision of the State of California ("County"), and the California cities, special districts and agencies set forth on Exhibit "A" attached to this Memorandum of Understanding and incorporated herein by this reference (such entities are hereinafter referred to collectively as the "Participating Entities" and each individually as a "Participating Entity"). The County and the Participating Entities are hereinafter referred to collectively as the "Parties" and each individually as a "Party." WHEREAS, the County has planned to acquire new digital terrain data sets and update its digital orthogonal and oblique aerial imagery in the winter of 2005/2006 (such acquisition, the "Project"); WHEREAS, the County has become aware that various Participating Entities have similar projects currently underway or plan to undertake similar projects in the near future; WHEREAS, in order to avoid the duplication of efforts and cost by the County and the Participating Entities in connection with the Project, the Parties desire to pool their resources to collectively undertake the Project upon the terms and conditions set forth herein below. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the Parties agree as follows: 1. Purpose. The purpose of this Agreement is to provide a vehicle for the collective undertaking of the Project by the Parties. The Project shall focus on the acquisition of certain aerial imagery digital data (the "Digital Data") which may include, but shall not be limited to, geodetic points (including triangulation), digital terrain datasets, 2 foot elevation contours, 4 inch pixel resolution color orthogonal imagery, color oblique imagery and • • near -infrared imagery. It is the intent of the Parties that Digital Data shall be acquired under this Agreement for all areas covered by the jurisdictions of the Parties. 2. Responsibilities of the County. The County shall be responsible for the following: A. Identify and provide specifications for the following types of Digital Data (or their derivatives): i. Geodetic Control and Pre -marking ii. Aerial Triangulation iii. Digital Terrain Datasets (DSM, DTM and DEM) iv. Contours with Two (2) Foot Interval v. Color Orthogonal Imagery with Four (4) Inch Pixel Resolution vi. Color Orthogonal Imagery with One (1) Foot Pixel Resolution (only for national forest lands) vii. Color Oblique imagery (community and neighborhood shots) viii. Near -infrared imagery ix. Elevation Contours with Five (5) Foot Interval (only for national forest lands) x. Quality Control Reports B. Develop all necessary procurement documents (the "Procurement Documents") for necessary services to be provided by one or more qualified contractors in connection with the acquisition and administration of the Digital Data. C. With the cooperation of the Participating Entities, select the most qualified contractor or contractors to provide the necessary services in connection with the acquisition and administration of the Digital Data and manage the entire acquisition. and administration process. D. With the assistance of one or more selected contractors, provide quality control ("QC") for all Digital Data delivered under this Agreement. E. Arrange for the delivery of the Digital Data (or portions thereof) to the Participating Entities as the Parties shall further determine. F. Provide monthly reports to the Participating Entities on the status of the Project. 2 1 • 3. Responsibilities of the Participating Entities. The Participating Entities shall be responsible for the following: A. Where feasible, participate in the selection of a contractor or contractors to provide services in connection with the Project. B. Where feasible, participate in the preparation of all documentation required for the Project; including review, comment and revision of documents prepared by the County in connection with the acquisition and administration of the Digital Data, including, but not limited to, the Procurement Documents. C. Where feasible, participate in identifying and providing technical specifications for the Digital Data (or their derivatives). D. Where feasible, provide currently available geodetic points (with necessary standards and accuracy) for County's QC process. 4. Mutual Responsibilities. The Parties hereto shall be mutually responsible for the following: A. Finance the acquisition and administration of the Digital Data, including, but not limited to, costs related to QC and distribution thereof. The total cost of such acquisition and administration (the "Total Cost") shall be allocated among the Parties The portion of the Total Cost allocated to a Party hereunder shall be hereinafter referred to as such Party's "Maximum Contribution." The Maximum Contribution of a Participating Entity hereunder shall be the amount set forth in that certain letter of intent (the "Letter of Intent") attached hereto as Exhibit "B". Each Participating Entity will transfer its Maximum Contribution to a special trust account to be established by the County for this purpose (the "Trust Account") and as further described in Paragraph 5 of this Agreement. B. In the event that the Project is terminated for any reason before the execution of any contract with a contractor for the provision of goods and/or services in connection with the Project, each Participating Entity shall be refunded its Maximum Contribution (or such portion of the Maximum Contribution as shall have been paid to the County by such Participating Entity) in its entirety. 3 • I 5. Payment of Maximum Contribution; Administration of Trust Account. A. A Participating Entity shall have the following options in paying its Maximum Contribution to County hereunder: i. The Participating Entity may elect to pay its Maximum Contribution to County in its entirety upon execution of this Agreement. ii. The Participating Entity may elect to pay its Maximum Contribution to County as follows: (a) twenty percent (20%) by October, 2005; (b) forty percent (40%) by April, 2006; and (c) forty percent (40%) upon delivery of Digital Data, but in any event no later than September, 2006. B. The Trust Account to be established by County under this Agreement shall be subject to the following: i. All funds held in the Trust Account shall be used solely for the payment of qualified contractors selected by County to provide goods and services in connection with the Project, including, but not limited to, the performance of re -flights for the purpose of updating the Digital Data. ii. Any funds held in the Trust Account not expended upon the completion of the Project or the termination of this Agreement shall be held, administered and distributed as shall be determined by each Participating Entity based on their prorated share of the total Consortium Program Cost. 6. General Terms and Conditions. A. This Agreement shall take effect as of August 8, 2006 and shall remain in effect through September 30, 2007. B. The term of this Agreement may be extended by the mutual written agreement of the Parties. C. Any royalties or other payments received by County from any third party as compensation for the use of or access to the Digital Data (or any portion thereof) shall be deposited into and administered as part of the Trust Account. 4 D. It is the intention of the Parties that each Participating Entity shall receive with the delivery of the Digital Data an unlimited perpetual license to use the Digital Data in its own operations, with an unlimited number of seats; including, but not limited to, intranet applications, copying and printing. E. Each Participating Entity shall have the right to transfer the Digital Data to any of its subcontractors or consultants on projects which are outsourced from its own operations. In this connection, each Participating Entity shall require each subcontractor or consultant to whom the Digital Data is transferred to execute a written acknowledgement and agreement to abide by the terms of such Participating Entity's license to use the Digital Data. Such acknowledgement and agreement shall be in a form to be determined and mutually agreed to by the Parties. F. Each Participating Entity will have a license to publish orthogonal imagery, contours and digital terrain datasets on its internet web sites with a maximum resolution of one (1) foot for orthogonal imagery. G. Notwithstanding any provision of this Agreement to the contrary, a Participating Entity will not have the right to sell, resell or otherwise transfer its license to use the Digital Data to any other person or entity. H. This Agreement may be amended or modified by County based on theater collaboration and consultation with the Participating Entities. I. Nothing in this Agreement shall be construed to give any person or entity, other than the Parties hereto, any legal or equitable right, remedy or claim under or in respect to this Agreement or any provision herein contained. This Agreement and the provisions hereof are intended to be and are for the sole and excusive benefit of the Parties hereto. J. No Party may terminate its participation under this Agreement after an execution of contract(s) for acquisition of Digital Data without the prior written consent of County. K. Any other California city, special district or agency may become a Participating Entity under this Agreement if (i) the participation of such entity is approved by a majority vote of the Participating Entities, (ii) such entity executes this Agreement, and (iii) such entity makes its Maximum Contribution to County as provided for under this Agreement. Any such contribution shall be deposited into the Trust Account and administered in accordance with subparagraph 5.B of this Agreement. 5 • • L. This Agreement may be executed in counterparts and the signed counterparts shall constitute a single instrument. The signatories to this Agreement represent that they have the authority to bind their respective Party to this Agreement. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding for the Los Angeles Region Image Acquisition Consortium Program on the date first indicated above. [SIGNATURES OF PARTIES TO BE SET FORTH BELOW — Exhibit A] 6 / • • EXHIBIT A MEMORANDUM OF UNDERSTANDING FOR THE LOS ANGELES REGION IMAGERY ACQUISITION CONSORTIUM (LAR -IAC) PROGRAM BY AND BETWEEN THE COUNTY OF LOS ANGELES AND PARTICIPATING ENTITIES EXHIBIT A CITY OF HERMOSA BEACH Peter Tucker, Mayor ATTEST: Elaine Doerfling, City Clerk APPROVED AS TO FORM: City Attorney 7 • • 61 -7 -fir; July 31, 2006 Honorable Mayor and Members of Regular Meeting of the Hermosa Beach City Council August 8, 2006 AWARD CONTRACT FOR ADMINISTRATION OF THE CITY MUNICIPAL STORM WATER MANAGEMENT PROGRAM Recommendation: It is recommended that the City Council: 1. Approve the Professional Services Agreement No. 06.012 with Kathleen McGowan to administer the City's Municipal Storm Water Management Program in connection with NPDES (National Pollutant Discharge Elimination System) permit requirements for an amount of $38,240; and 2. Authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney. Background: Kathleen McGowan, Environmental Consultant has been assisting the South Bay Cities with the implementation of the NPDES Permit for several years. Ms. McGowan's contract with the City would identify tasks such as NPDES Program Management, Public Education Program Implementation, Industrial /Commercial Facilities Control Program, Development Planning & Construction Programs Including Municipal Employee Annual Training, Public Agency Activities Program, Illicit Connection & illicit Discharge Elimination and SMBBB (Santa Monica Bay Beaches Bacteria) TMDL ( Total Maximum Daily Loads) program Development & Implementation. In addition, Ms. McGowan would represent the City at Executive Advisory Committee & General Meetings, Santa Monica Bay-Ballona Creek Watershed Management Committee Meetings, Public Outreach Strategy Meeting held by LA County and SMBBB TMDL Jurisdictions 5/6 Planning Meetings; which would enable the City to interact with member cities to support its position on different issues as they arise. Analysis: The State of California, through the California Regional Water Quality Control Board, is continuing to enforce the Municipal NPDES Permit and its Management Plan (Models). All cities within Los Angeles County are required to adopt and implement programs consisting of six model programs (Public Outreach, Illicit Discharges, Planning, Construction, Public Agency and Industrial/Commercial) that are consistent with such Models Including Development of SMBBB TMDL Implementation Plan. Ms. McGowan would replace City's previous consultant, Sheila Kennedy of Enfact Solutions Inc., whose contract with the City expired June 30, 2006. Changing 2h • • consultants will save the City approximately $16,000 for the same, reputable consulting services. Ms. McGowan's proposal assures continued assistance with the complex implementation of the NPDES Permit Requirements. The current Permit will expire December 2006. Discussions at the Regional Board level have already begun for the next Permit process. This dynamic development of the Permit and its components (i.e., Total Maximum Daily Loads) may have a larger impact on the City in the future. Ms. McGowan would be keeping the City informed and updated of all changes, as well as taking an active roll in minimizing the requirements for the City. Fiscal Impact: In FY 06-07, $54,270 has been allocated for storm water management services and the NPDES program of which $38,240 will be expended for storm water management services for the current fiscal year. Attachments: Professional Services Agreement No. 06.012 Respectfully submitted, Homayoun Behboodi Associate Engineer Noted For Fiscal Impact: Viki Copeland Finance Director Concur: �� Richare". Morgan, P.E. Director of Public Works/City Engineer Concur: Stephe 7'11. r'rre City ►i : nager F/B95/Pwriles/Ccitems/storm water Management program award 8-8-06 2 • • PSA NO. 06.012 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 8th day of August, 2006 at Hermosa Beach, County of Los Angeles, State of California, by and between the CITY OF HERMOSA BEACH, through its duly elected, qualified and acting MAYOR, hereinafter called the CITY, and Kathleen McGowan, P.E., hereinafter called the CONSULTANT. WITNESSETH: That the CONSULTANT for and in consideration of the covenants, conditions, agreements, and stipulations of the CITY herein expressed, does hereby agree to furnish to the CITY professional services and materials, as follows: ARTICLE I - Scope of Work CONSULTANT shall perform all work necessary to complete in a manner satisfactory to CITY the services set forth in the proposal and or the scope of work attached as Exhibit A. ARTICLE II - Costs The CITY agrees to pay CONSULTANT for all the work or any part of the work performed under this Agreement at the rates and in the manner established in the attached Cost Breakdown in the attached proposal as Exhibit B. Total expenditure made under this contract shall not exceed the sum of $ 38,240. This fee includes all expenses, consisting of all incidental blueprinting, photography, travel, and miscellaneous costs, estimated to be accrued during the life of the contract. It also includes any escalation or inflation factors anticipated. No increase in fees will be allowed during the life of the contract. Any increase in contract amount or scope shall be by express written amendment approved by the CITY and CONSULTANT. The CONSULTANT will be reimbursed for costs incurred in the performance hereof as are allowable under the provisions of Part 1-14 of the Federal Procurement Regulations. ARTICLE III - Method of Payment CONSULTANT shall be reimbursed monthly in arrears based upon the hourly services provided. CONSULTANT shall submit invoices in triplicate and addressed to the CITY, c/o the Finance Department, 1315 Valley Drive, Hermosa Beach, CA 90254- 3884. • • ARTICLE IV - Subcontracting CONSULTANT shall not be permitted to subcontract any portion of this contract without the express written consent of the CITY. ARTICLE V - Completion Date CONSULTANT shall commence work under this agreement upon execution of this agreement and shall complete the work according to the schedule submitted as part of Exhibit "A", however, the CITY's Director of Public Works may extend the completion date as required by the scope of this contract. Any contract time extension shall require the express written consent of the Director of Public Works. ARTICLE VI - Accounting Records CONSULTANT must maintain accounting records and other evidence pertaining to costs incurred which records and documents shall be kept available at the CONSULTANT's California office during the contract period and thereafter for three years from the date of final payment of Federal funds hereunder. ARTICLE VII - Ownership of Data All data, maps, photographs, and other material collected or prepared under the contract shall become the property of the CITY. ARTICLE VIII - Termination This contract may be terminated at any time for breach and the CITY may terminate unilaterally and without cause upon seven (7) days written notice to the CONSULTANT. All work satisfactorily performed pursuant to the contract and prior to the date of termination may be claimed for reimbursement. ARTICLE IX - Assignability CONSULTANT shall not assign or transfer interest in this contract without the prior written consent of the CITY. ARTICLE X - Amendment It is mutually understood and agreed that no alteration or variation of the terms of this contract, or any subcontract requiring the approval of the CITY, shall be valid unless made in writing, signed by the parties hereto, and approved by all necessary parties. 2 • • ARTICLE XI - Non -Solicitation Clause The CONSULTANT warrants that he or she has not employed or retained any company or persons, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability, or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE XII - Equal Opportunity Assurance During the performance of this contract, the CONSULTANT agrees as follows: A. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, sex, creed, color or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, sex, creed, color or national origin. C. The CONSULTANT will permit access to their books, records and accounts by the applicant agency, the State, the Federal Highway Administration and/or the National Highway Traffic Safety Administration for purposes of investigation to ascertain compliance with this nondiscrimination clause. D. In the event of the CONSULTANT's noncompliance with the nondiscrimination clauses of this contract, this contract may be canceled, terminated or suspended in whole or in part. ARTICLE XIII - Clean Air Act During the performance of this Contract, the CONSULTANT agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. 3 • • ARTICLE XIV - Indemnity CONSULTANT agrees to indemnify the CITY, its officers, employees and agents against, and will hold and save each of them harmless from, any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the negligent acts or intentional tortious acts, errors or omissions of CONSULTANT, its agents, employees, subcontractors, or invitees, provided for herein. CONSULTANT will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection herewith. CONSULTANT will promptly pay any judgment rendered against CITY, its officers, agents or employees for any such claims, damages, penalties, obligations or liabilities. In the event CITY, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against CONSULTANT for such damages or other claims arising out of or in connection with the sole negligence of CONSULTANT hereunder, CONSULTANT agrees to pay CITY, its officers, agents, or employees, any and all costs and expenses incurred by CITY, its officers, agents or employees in such action or proceeding, including but not limited to reasonable attorney's fees. ARTICLE XV - Insurance A. Without limiting CONSULTANT'S obligations arising under ARTICLE XIV - lndemnity , CONSULTANT shall not begin work under this Agreement until it obtains policies of insurance required under this section. The insurance shall cover CONSULTANT, its agents, representatives and employees in connection with the performance of work under this Agreement, and shall be maintained throughout the term of this Agreement. Insurance coverage shall be as follows: i. Automobile Liability Insurance with minimum coverages of $500,000 for property damage, $500,000 for injury to one person/single occurrence, and $500,000 for injury to more than one person/single occurrence. ii. Public Liability and Property Damage Insurance, insuring CITY its elected and appointed officers, agents, and employees from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from CONSULTANT'S actions under this Agreement, whether or not done by CONSULTANT or anyone directly or indirectly employed by CONSULTANT. Such insurance shall have a combined single limit of not less than $1,000,000. Worker's Compensation Insurance for all CONSULTANT'S employees to the extent required by the State of California. B. Deductibility Limits for policies referred to in subparagraphs A (i) (ii) and (iii) shall not exceed $5,000 per occurrence. 4 r • • C. Additional Insured. City, its elected and appointed officers, agents, and employees shall be named as additional insureds on policies referred to in subparagraphs A (i) and (ii). D. Primary Insurance. The insurance required in paragraphs A (i) (ii) and (iv) shall be primary and not excess coverage. E. Evidence of Insurance. Consultant shall furnish CITY, prior to the execution of this Agreement, satisfactory evidence of the insurance required, issued by an insurer authorized to do business in California, and an endorsement to each such policy of insurance evidencing that each carrier is required to give CITY at least 30 days prior written notice of the cancellation of any policy during the effective period of the Agreement. All required insurance policies are subject to approval of the City Attorney. Failure on the part of CONSULTANT to procure or maintain said insurance in full force and effect shall constitute a material breach of this Agreement or procure or renew such insurance, and pay any premiums therefor at CONSULTANT'S expense. ARTICLE XVI - Enforcement of Agreement In the event that legal action is commenced to enforce or declare the rights created under this Agreement, the prevailing party shall be entitled to an award of costs and reasonable attorney's fees in the amount to be determined by the court. ARTICLE XVII - Conflicts of Interest No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the CONSULTANT further covenants that in the performance of this Agreement, no person having any such interest shall be employed. ARTICLE XVIII - Independent CONSULTANT The CONSULTANT is and shall at all times remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its agents shall have control over the conduct of the CONSULTANT or any of the CONSULTANT's employees, except as herein set forth. The CONSULTANT shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY. ARTICLE XIX - Entire Agreement of the Parties This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONSULTANT by CITY and contains all the covenants and agreements between the parties with respect such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or 5 • • otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONSULTANT. ARTICLE XX - Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal statutes and regulations as amended. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF HERMOSA BEACH CONSULTANT MAYOR: Mayor, City of Hermosa Beach Kathleen McGowan, P.E. ATTEST: Elaine Doerfling, City Clerk APPROVED AS TO FORM: City Attorney 6 F:1B951PwfiIes\PSA106.012 Kathleen McGowan 8-8-06 t • • Proposal for NPDES and TMDL Implementation Environmental Consulting Services This proposal is submitted in response to City of Hermosa Beach Department of Public Works Department request for proposal to provide NPDES and TMDL consulting services. Included in the request was that a significant fraction of the consulting services be delivered during office hours onsite in the City of Hermosa, Beach (City). As the City enters the implementation phase of the Santa Monica Bay Beaches Bacteria Total Maximum Daily Load (SMBBB TMDL), City Public Works staff is seeking responsive, customized environmental consulting service. This proposal reflects a thorough understanding of the municipal NPDES permit and in-depth familiarity with the Jurisdictional Group 5 & 6 SMBBB TMDL Implementation Plan. Section 2 -Background provides a brief summary of the City's needs, regulatory framework and recent activity relating to this proposal. Section 3 - Scope of Services describes each proposed task with assumptions and basis for level - of -effort. A cost estimate for each task and subtask described in the Scope of Services is presented in Section 4 -Cost Breakdown. Section 5 -Experience and Qualifications documents my technical and regulatory expertise and Section 6 provides samples of public education materials developed under my direction for other municipal clients. I will personally conduct the work effort described in the Scope of Services for a cost not to exceed $38,240 in FY 2006/07. On average, six hours per week of this level - of -effort will be conducted from City of Hermosa Beach offices in space provided by the City. Work will be billed based on actual time expended at my standard rate for long-term municipal work with direct expenses billed at cost without markup. My invoices are detailed and provide full and complete justification for level -of -effort expended. I am confident that the City will find my services to be of the highest caliber and an outstanding value for services rendered. Proposal for NPDES and TMDL Implementation 1-1 Kathleen McGowan, P.E. EXHIBIT A • "'city of Hermosa Beach This proposal is submitted in response to City of Hermosa Beach Public Works Department staff request for proposal to provide NPDES and TMDL consulting services. City of Hermosa Beach The City of Hermosa Beach is a small, historical beach city that will celebrate its centennial in 2007. The city encompasses only 1.3 square miles, fronts two miles of popular beaches and is home to approximately 18,000 residents. The Public Works Department is responsible for the maintenance and operation of all city facilities and properties. This responsibility extends to and includes engineering services, streets, public buildings, park grounds, streetlights, traffic control services, sewage collection and storm drain management. As a coastal city focused on tourism, surfing and other ocean -oriented activities, maintaining high water quality is an important issue for the City of Hermosa Beach. The City has moved proactively to meet the requirements of the NPDES Permit and begins FY 2006/2007 in good standing with respect to permit implementation requirements. The City has also begun to implement recommended activities in the SMBBB TMDL Implementation Plan • NPDFS Permit & Storm Water Quality Management Program (SQMP) implementation The City of Hermosa Beach is subject to Order No. 01-182, the National Pollutant Discharge Elimination System (NPDES) Permit issued to Los Angeles County Flood Control District and the incorporated cities within the County of Los Angeles (Permittees) for storm water and urban runoff discharges from the municipal separate storm sewer system (MS4). This NPDES MS4 permit is the third in a series of five- year permits; it became effective on December 13, 2001 and will expire on December 12, 2006. The permit requires all Permittees to implement a Storm Water Quality Management Plan (SQMP) in six major program areas: Public Information and Participation, Industrial/Commercial Facilities Control, Development Planning, Development Construction, Public Agency Activities, and Illicit Connections and Illicit Discharges Elimination. The City of Hermosa Beach is in compliance with the required elements of this program and will continue to implement these programs during the permit renewal Proposal for NPDES and TMDL Implementation 2-1 Kathleen McGowan, P.E. • • City of Hermosa Beach period until a 4th term permit goes into effect at which lime additional program requirements are possible. Total Maximum Daily Load (TMDL) All of the land area and concomitant storm water runoff within the City of Hermosa Beach drains to the Santa Monica Bay, and accordingly is subject to the Santa Monica Bay Beaches Bacteria Wet- and Dry -Weather Total Maximum Daily Loads (TMDLs) for which final approval was received on June 19, 2003. The Wet -Weather TMDL organizes the areas draining to the Santa Monica Bay into seven jurisdictional groups. The City of Hermosa Beach is a responsible agency within Jurisdictional Groups 5 & 6. The overlap of responsible agencies among Jurisdictions 5 and 6 and the similarity of land use and development in these areas prompted the responsible agencies of Jurisdiction 5 and 6 to determine that they should pool resources to submit a joint implementation plan on behalf of both jurisdictional groups. On July 15, 2005, Jurisdictional Groups 5 & 6 jointly submitted an Implementation Plan to the Los Angeles Regional Water Quality Control Board for achieving compliance with the Santa Monica Bay Beaches Bacteria Total Maximum Daily Load. The Jurisdictional Group 5 & 6 (J5/6) Implementation Plan employs an integrated approach designed to provide the responsible agencies with a systematic process for progressively improving compliance with SMBBB TMDL allocations while at the same time achieving broader water quality benefits and public goals. The implementation strategy relies on a combination of measures designed to reduce migration and transport of bacteria and other pollutants through a three -pronged system of programmatic, structural and source control solutions. On July 15, 2006 the first compliance deadlines under the SMBBB TMDL went into effect for summer dry weather single -sample and geometric mean targets. The Regional Board has stated its intention to reopen the MS4 NPDES Permit to incorporate TMDL requirements so that the permit will become the enforcement instrument for TMDLs. Proposal for NPDES and TMDL Implementation 2-2 Kathleen McGowan, P.E. f>; • •City of Hermosa Beach This Scope of Services will assist the City of Hermosa Beach in meeting the requirements of the NPDES MS4 Permit as well as undertaking implementation activities under the SMBBB TMDL in the most cost effective yet proactive manner possible. The Scope of Services is organized into seven major tasks: Task 1: NPDES Program Management Task 2: Public Information and Participation Task 3: Industrial/Commercial Facilities Control Program Task 4: Development Planning & Construction Program Task 5: Public Agency Activities Program Task 6: Illicit Connection & Illicit Discharge Elimination Task 7: SMBBB TMDL Implementation The City's philosophical approach to TMDL and NPDES water quality programs is compatible with those of my current clients. I intentionally seek out clients with similar philosophical approach in order that I may represent multiple client interests without conflict and distribute my level -of -effort across those clients thereby reducing individual costs to each client. Subtasks where I anticipate being able to do so are identified with an asterisk (*). Task 1 NPDES Program Management The NPDES Program touches virtually all areas of municipal activities and requires effective management and coordination across municipal divisions and departments in order to assure that all aspects of the permit are carried out. I will work closely with the City's NPDES Program Supervisor/Associate Engineer in conducting the following program management subtasks. Subtask 1.1 Internal Coordination This task provides an allocation of time for regular communication and briefing of City staff on the status, recent developments and need for action or response with respect to NPDES permit and TMDL implementation. Periodic meetings with the Associate Engineer/NPDES Permit Program. Supervisor will be held to discuss progress and provide opportunity for City staff to inject policy direction as needed. Progress reports appropriate for providing updates to upper management will be Proposal for NPDES and TMDL Implementation 3-1 Kathleen McGowan, P.E. • • City of Hermosa Beach prepared on a quarterly basis to summarize progress of each of the major tasks and as an aid in preparing the annual report. Subtask 1.2 NPDES Annual Report and Budget Summary Data and information will be gathered from each of the program areas and compiled to prepare the draft annual report for City staff review. This will include working with City staff to prepare the annual budget summary for Annual Report. Revise annual report based on City staff review and submit to County for compilation with other municipal report to Regional Board. Prepare Supplementary volume of supporting information to be made available by City in case of audit. Subtask 1.3 Executive Advisory Committee & General Permittee Meetings* The Executive Advisory Committee (EAC) was established by the MS4 Permittees to discuss and coordinate response to issues among the Principal Permittee and Co - Permittees across all areas of the Municipal NPDES Permit, including those relating to TMDL development and implementation policy. The EAC meets monthly. Representatives from each of the Watershed Management Committees attend, as well as any other interested city representatives, and occasionally, senior Regional Board staff. The EAC discusses issues of interest to all the Permittees and often organizes efforts to comment to the Regional and State Boards regarding issues of common interest to the Permittees. The EAC meetings provide a forum for communication of critical information from the City of LA and County staff which are frequently in close communication with Regional Board staff and are involved in issues across many different watersheds. This task will include representing the City at EAC meetings and providing City staff with prompt EAC meeting notes focusing on items of discussion that are of particular importance to the City. Time allocated for this subtask presumes level -of -effort sharing with two other clients with similar interests reducing the actual time charged to the City to two hours per month. During the upcoming fiscal year ongoing discussions of permit renewal issues will continue with periodic general Permittee meetings and review of documents. Time for participating in these meetings and responding to issues will be shared among two other clients with a net allocation in this Scope of Services of 20 hours of effort over the course of the next year to address these issues in addition to EAC meeting effort. Subtask 1.4 SMB -BC Watershed Management Committee* The Santa Monica Bay-Ballona Creek Watershed Management Committee meets quarterly as required by the NPDES Permit. The scope of this subtask includes representing the City at the quarterly meetings, including travel time, and providing City staff with prompt meeting notes focusing on items of discussion that are of particular importance to the City. From time to time each city assumes small tasks in support of the overall cooperative effort, so additional time is included to provide Proposal for NPDES and TMDL Implementation 3-2 Kathleen McGowan, P.E. • Sty of Hermosa Beach such in-kind effort on the part of the City. Time shown in the cost breakdown is 1/3 of the actual time expended to reflect cost sharing with two other cities. Task 2 Public Information and Participation Program (PIPP) The scope of services for public information and participation is organized into four subtasks. In the cost breakdown for each of these subtasks it is assumed that costs for printing public education materials or purchasing premiums for distribution to the public will be provided by the City through direct purchase orders with vendors. Note that some of these costs can be covered by Used Oil Block Grant funds. In other cases the County will provide allocations of their materials at no charge to the City. Subtask 2.1 Public Education Program Implementation This task covers implementation of the County -wide Public Education Program within the City utilizing materials developed by the County as Principal Permittee. These activities include: promoting the K-12 education program, distributing educational materials, updating City website, placing spots on local cable channel, etc. Time is primarily for obtaining and distributing information and preparing letters of correspondence, and making local contacts. Subtask 2.2 Public Outreach Strategy Meetings* The permit requires attendance by a representative from each Permittee at quarterly meetings held by County to discuss and coordinate the County -wide Public Education Program. The scope of this subtask includes quarterly meeting attendance, including travel time and preparation of meeting notes. Time shown in the cost breakdown is 1/3 of the actual time expended to reflect cost sharing with two other cities. Subtask 2.3 Pollutant -specific Targeted Outreach (TMDL Implementation) Targeted outreach will focus on watershed -specific TMDL pollutants utilizing existing materials/programs where appropriate as well as those jointly developed by Jurisdictional Groups 5. & 6 (J5/6) or if need be, creating materials especially for the City. I will work with City public works staff to identify and carry out the most effective targeted outreach initiatives and those which also meet objectives of the J5/6 TMDL Implementation Plan, these activities could include: preparing articles for the City newsletter, gathering and assembling materials for a joint J5/6 landscape BMP webpage or identifying the best existing web pages for linking to the City's website, working with parks and recreation staff and community groups to plan and implement targeted outreach at a City public event, e.g., one of the Fiesta Hermosa events or the St. Patrick's Day Parade & Festival. Subtask 24 Business Assistance (TMDL Implementation) The City has made an excellent start in reaching out to businesses by developing and initiating the Clean Ocean City establishment program with particular focus on restaurants. The objective of this subtask will be to expand the Clean Ocean City Proposal forNPDES and TMDL Implementation 3-3 Kathleen McGowan, P.E. • • City of Hermosa Beach program by increasing the number of restaurants and other businesses (e.g., pet boarding facilities, veterinarians, garden centers) that seek and successfully obtain certification. Upon the opening of a new establishment or based on a list of targeted establishments compiled with input from City staff, friendly and brief site visits will be made to provide informational material regarding BMPs appropriate to the category of business as well as information about the Clean Ocean City establishment program. At the City's discretion additional opportunities for outreach to business owners will be pursued through the Chamber of Commerce and/or local restaurant associations. Task 3 Industrial/Commercial Facilities Control Program The permit requires the implementation of an Industrial/Commercial Facilities control Program to track, inspect and ensure compliance at facilities that are critical sources of pollutants in storm water. The City has already concluded or will shortly conclude remaining required inspections of industrial/commercial facilities under the permit. In order to maintain the high level of compliance by industrial/commercial establishments as demonstrated in the City's annual report to date and to further the Jurisdictional Group 5 & 6 Implementation Plan objectives of maintaining and enhancing existing programmatic solutions, this task provides an allocation of time to assist the City in continuing with this effort in two subtasks. Subtask 3.1 Update Inventory of Industrial/Commercial Facilities This subtask allocates time to provide support to and assist the City's Business License Depal intent in maintaining the inventory of Industrial/Commercial facilities. This subtask also allocates time to update the inventory with the status of inspections and follow ups and to compile and summarize the information near end of each fiscal year for incorporation into annual report. Subtask 3.2 Assist City Inspector and Code Enforcement Officer In order to maintain the high level of compliance demonstrated in the City's annual reports to date, it is assumed that the City will continue with inspections, albeit at a somewhat decelerated rate during the period of permit renewal. A suggested approach would be to inspect those facilities that were previously found to be inadequately implementing BMPs and any new facilities that had not previously been inspected twice during the 3rd term permit. This subtask provides an allocation of time to assist the City's inspector in conducting such selected industrial/commercial inspections and managing the documentation of inspection reports and follow up inspections. Task 4 Development Planning & Construction Programs The Development Planning provisions of the NPDES Permit require the City's Planning Division to ensure that development and redevelopment projects provide for Proposal for NPDES and TMDL Implementation 3-4 Kathleen McGowan, P.E. • •City of Hermosa Beach permanent measures to reduce storm water pollutant loads from the development site. The Development Construction Program of the NDPES Permit tasks the Building & Safety Division with the related objective of minimizing pollutant Loads from development and redevelopment sites during construction. Subtask 4.1 Annual Training Annual training of the Community Development Department staff will utilize a variety of approaches to familiarize staff with recent implementation issues raised by the Regional Board and engage City staff to enhance internal coordination with respect to NPDES Permit/SUSMP implementation procedures. The format of the training will include Power Point® presentation with handouts as well as round -table discussions to actively engage staff. A single two-hour training session is assumed for both Planning and Building & Safety staffs with allowance for adequate preparation time for visual presentation and handouts. Subtask 4.2 Special Project Support This subtask provides an allocation of time to assist Planning and/or Building & Safety staff in support of new development or redevelopment projects that require additional staff review with respect to water quality issues or any necessary response to Regional Board staff inquiries. Recent enforcement activity on the part of Regional Board staff have increased the workload of many cities' planning and engineering staffs in responding to this activity. Task 5 Public Agency Activities Program The Public Agency Activities program focuses primarily on the activities of the Public Works Department and requires implementation of Best Management Practices (BMPs) to minimize water quality impacts from: • Public construction activity • Vehicle maintenance, material storage and corporate yards • Landscape and recreational facilities maintenance • Storm drain operation and maintenance • Streets and roads maintenance • Parking facilities management • Public industrial activities • Emergency response, maintenance, overflow and spill prevention for sewage systems [these requirements are now superseded by the newly enacted statewide Waste Discharge Requirements for Sewage Collection Systems] Proposal for NPDES and TMDL Implementation 3-5 Kathleen McGowan, RE. 1 • City of Hermosa Beach Subtask 5.1 Public Works/Maintenance StaffAnnual Training The permit requires that public works employees receive annual training in how to conduct their responsibilities in a manner that minimizes adverse impacts on water quality. This subtask provides for conducting a one-hour training session with visual aides covering general background on the NPDES MS4 permit and focused training on stormwater best management practices (BMPs) related to maintenance and other public works activities. The training will include roundtable discussion with maintenance staff on their concerns and experiences related to NPDES MS4 issues. A second component of the training will be a separate field review of maintenance facilities with the Public Works Superintendent and .senior inspectors to identify areas for improvement and address issues of concern regarding corporate yard and exterior material storage areas. Subtask 5.2 Regulatory & Compliance Support for Public Works Public Works projects are subject to the same development planning and construction requirements under the NPDES MS4 permit as private projects and are required to obtain coverage under the Statewide general construction activities NPDES permit for projects disturbing one or more acres of land area. Appropriate Best Management Practices (BMPs) must be implemented for all manner of public works activities conducted in exposure to storm water. This subtask allocates time for providing regulatory and compliance support to Public Works staff for public works projects and activities. Subtask 5.3 Administrative StaffAnnual Training Since administrative staff often provides primary contact with the public and because these personnel are integral to the cohesive operation of municipal activities, it is important that they have a general understanding of stormwater and urban runoff permit requirements. In small cities administrative personnel often serve multiple divisions and their action can be critical in ensuring prompt and effective response to complaints and emergencies. This subtask provides for a brief annual training session with visual aides to provide an overview of the NPDES MS4 permit and TMDL programs and discussion of various informational . materials available for dissemination to the public, e.g., brochures, website information, etc. This will be followed by a round -table discussion of relevant administrative staff procedures for dealing with water quality related issues. Task 6 Illicit Connection & Illicit Discharge Elimination The City has already concluded required screening for illicit connections under the permit. Accordingly, ongoing activities in this program area will consist of implementation of the Illicit Connections/Illicit Discharge (IC/ID) Elimination Program and occasional updates of the program documentation. Proposal for NPDES and TMDL Implementation 3-6 Kathleen McGowan, P.E. •ty of Hermosa Beach Subtask 6.1 Regulatory /Technical Support for IC/ID This subtask allocates a modest amount of consulting time to provide regulatory advice in support of code enforcement activities in response to IC/IDs. Task 7 Santa Monica Bay Beaches Bacteria TMDL Implementation Jurisdictional Group 5 & 6 agencies are moving forward with carrying out their TMDL Implementation Plan through a combination of joint and individual activities. Subtask 7.1 SMBBB TMDL J5/6 Planning Meetings This subtask provides an allocation of time to attend and represent the City's interests at monthly Jurisdiction 5/6 coordination meetings. An allocation of time to review monitoring reports, attend and prepare meeting notes for six meetings per year is provided in this subtask. Subtask 7.2 SMBBB TMDL Phase I Program Development & Implementation This subtask provides an allocation of time to carry out activities under Phase I of the Implementation Plan. At the direction of City staff, this effort will focus on particular activities of interest to the City and could include activities such as: conducting drainage area surveys; reconnaissance of high priority drainage areas as well as parks, open space and recreational areas; and implementation of the new grease trap/interceptor ordinance. Proposal for NPDES and TMDL Implementation 3-7 Kathleen McGowan, P.E. •�yi��l;i9(5,193 City of Hermosa Beach I will personally conduct the work effort described in the foregoing Scope of Services for a cost not to exceed $38,240 in FY 2006/07. On average, six to eight hours per week of this level -of -effort will be conducted from City of Hermosa Beach offices in work space provided by the City. A task -by -task breakdown of costs is shown on the following pages. A corresponding explanation for each of the tasks has been provided in the Scope of Services. Whenever possible, charges for services performed for multiple clients, such as participation in meetings and meeting note preparation will be distributed among two or more clients in order to reduce costs to the City. This Cost Breakdown incorporates such projected savings (marked with "*"). Billing will be based on actual time charged at my standard rate for long-term municipal work and direct expenses at cost without markup (see separate attachment). My invoices are detailed and provide full and complete justification for level -of -effort expended. Despite the care taken in preparing the Scope of Services on which the Cost Breakdown is based, it is the nature of regulatory -driven programs to be subject to variation due to changes in regulatory requirements and emerging issues. A major assumption underlying this proposal is that the upcoming 4th -term MS4 NPDES permit will not go into effect during fiscal year 2006-07; this is an expectation shared by most of my colleagues. I will closely monitor and inform the City of changing requirements and emerging issues as part of my regular communication with City staff, and will notify the City in advance if I anticipate that such changes could necessitate a concomitant adjustment in the scope of services. This cost breakdown reflects a high level of personal productivity gained over years of broad-based experience in environmental regulatory compliance services. Due to low overhead rates I am able to offer high quality expertise for labor rates comparable to those that larger firms charge for less experienced staff So in this cost breakdown the City is realizing dual savings as a result of efficiency based on experience and low overhead rates. I am confident that the City will find my services to be of the highest caliber and an outstanding value for services rendered. Proposal for NPDES and TMDL Implementation 4-1 Kathleen McGowan, P.E. 'City of Hermosa Beach Cost Breakdown , ` ?/ ..y 1. _ f ham, YSiF'u�V C lR `110.12• Y :.•-•.:'‘ x f Y. Y ..,_ _ , .. . ii,.. s „a _: ¢;..� ,.. a....... Fy t ', .e . ......,. 4. M:i .+�` t — tl.�r'..,.. meati,. TP _,: -/-.T.' :,T,:% -;,---e,. Task 1 NPDES Program Management FY 06/07 1.1 Internal Coordination $1,980 1.2 NPDES Annual Report & Budget Summary 4,500 1.3 Executive Advisory Committee & General Permittee Meetings* 3,780 1.4 SMB -BC Watershed Management Committee* 720 Total Task 1 Cost: hours: $10,980 122 Task 2 Public Information and Participation Program (PIPP) FY 06/07 2.1 Public Education Program Implementation $1,800 2.2 Public Outreach Strategy Meetings* 540 2.3 Pollutant -Specific Targeted Outreach (TMDL Implementation) 3600 2.3 Business Assistance (TMDL Implementation) Total Task 6 Cost hours: 3600- 600TOTAL TOTALTASK 2 $9,540 hours 106 Task 3 Industrial/Commercial Facilities Control Program FY 06/07 3.1 Update Inventory of Industrial/Commercial Facilities. $900 3.2 Assist City Inspector and Code Enforcement Officer 3150 Total Task 3 Cost hours: $4,050 45 Task 4 Development Planning & Construction Programs FY 06/07 4.1 Annual Training $720 4.2 Special Project Support 900 Total Task 4 Cost hours: $1,620 18 Task 5 Public Agency Activities Program FY 06/07 5.1 Public Works/Maintenance Staff Annual Training $900 5.2 Regulatory & Compliance Support for Public Works Staff 900 5.3 Administrative Staff Annual Training 360 Total Task 6 Cost hours: $2,160 24 Proposal for NPDES and TMDL Implementation EXHIBIT B Kathleen McGowan, P.E. Cost Breakdown X:CI fin✓ f '. .C,• .. • City of Hermosa Beach Task 6 — Illicit Connection & Illicit Discharge Elimination FY 06/07 6.1 Regulatory/Technical Support for IC/ID 450 Total Task 6 Cost hours: $450 5 Task 7 — SMBBB TMDL implementation FY 06/07 7.1 SMBBB TMDL 15/6 Planning Meetings 7.2 SMBBB TMDL Program Implementation $5,400 3290 Total Task 6 Cost hours: Total Labor Cost hours: DIRECT EXPENSES TOTAL NPDES and TMDL Consulting Services * = Cost savings for shared costs $8,690 97 FY 06/07 $37,490 417 $750 $38,240 Proposal for NPDES and TMDL Implementation Kathleen McGowan, P.E. • et-CGCQ/ August 1, 2006 //04 Honorable Mayor and Members of Regular Meeting of The Hermosa Beach City Council August 8, 2006 NON-CIP PROJECT NO. 009-06 PIER CLOCK BENCH BARRIER PROJECT REJECT ALL BIDS Recommendation: It is recommended that the City Council: 1. Reject all bids for Non-CIP Project No. 009-06 Pier Clock Bench Barrier Project; 2. Authorize staff to re -advertise for bids and invite all previous bidders to re -bid the project. Background: On July 13, 2006, Public Works staff advertised for bids in accordance with public contract requirements. The City Clerk received two bids by the closing date of July 31, 2006. The bids were publicly opened and read aloud. The results were as follows: Bid Company Amount 1. M3 Service $ 105,170.70 2. Zondiras Corp. $ 129,452.00 The proposed work includes installation of a clock donated by the Hermosa Beach Kiwanis and construction of a reinforced concrete bench barrier and related electrical work. Analysis: Staff reviewed the bids and found the bid amount to be significantly higher than expected. Discussions with local contractors not involved in the project confirmed the prices were high. For the low bid, concrete costs are roughly $2,000 per cubic yard. Costs for this type of work are typically $800 to $900 per cubic yard. Staff will reevaluate bid package and may re -bid the project. Fiscal impact: None at this time. Respectfully submitted, Kenneth Reamey Project Manager Concur: Richard D. i% gan Director of Public Works/City Engineer 2i F:1B95\PWFILESICCITEMS\009-06 clock bench barrier - Award Contract 8-8-06.doc • • City of Hermosa Beach AGENDA SUPPLEMENT Date: August 3, 2006 To: City Council From: Rick Morgan, Public Works Director Subject: Award of Contract for Clark Field Improvements Bids were opened for this project at 2:00 pm on Thursday, August 03, 2006. Bids received are as follows: Tru Green Lawn Care $224,737.00 CS Legacy Construction, Inc. $231,604.00 Belaire — West Landscape, Inc. $244,250.00 Ryco Construction, Inc. $431,134.00 The lowest bidder, Tru Green Lawn Care, is also our current Landscape Maintenance contractor. Public Works has been very satisfied with their services and therefore recommends award of this contract to them. The contract amount is far lower than the budgeted amount of $422,413. citelarntee 2j rbp/c/memo • • August 1, 2006 Honorable. Mayor and Members of Regular Meeting of The Hermosa Beach City Council August 8, 2006 CIP PROJECT NO. 04-535 CLARK FIELD IMPROVEMENTS AWARD CONSTRUCTION CONTRACT Recommendation: It is recommended that the City Council: 1. Authorize the award of construction contract for CIP Project No. 04-535 Clark Field Improvements to the lowest responsive bidder, in the amount of the lowest responsive bid; 2. Authorize the Mayor to execute and the City Clerk to attest the Contract subject to approval of the City Attorney; 3. Authorize the Director of Public Works to issue change orders as necessary within the approved budget. Background: On July 13, 2006, Public Works staff advertised for bids in accordance with public contract requirements. The City Clerk will receive bids by the closing date of August 3, 2006, which will be publicly opened and read aloud. The results will be detailed in the supplemental information to be provided. The proposed work includes improvements to the playing fields at Clark Field as follows: • Clear and grub. • Modifications to brick dust (infield) lines at the baseball/softball fields. • Installation of a new irrigation system for the entire field. • Fine grading and soil preparation. • Installation of new sod at all areas except infields. • Installation of a new backstop on the south field. The proposed work does not include installation of new lighting which will be proposed as a separate project next year. Analysis: Staff will review the low bidder's documents and reference calls will be made. The Department of Public Works will recommend award of this contract to the lowest responsive bidder. Fiscal Impact: Total available funding for this project is $393,713. Staff anticipates that the total cost of this work will be less than that amount. f Respectfully submitted, Kenneth Reamey Project Manager Noted For Fiscal Impact: Viki Copeland Finance Director Concur: Richard D. organ Director o Public Works/City Engineer Stephen City Man ,I 1 'lI Bu 'HJT r •er F:\B95\PWFILES\CCITEMS\04-535 Clark Field Imp - Award Contract 080806.doc 2 • • k/g/o . August 1, 2006 Honorable Mayor and Members of Regular Meeting of the Hermosa Beach City Council August 8, 2006 AWARD PURCHASE OF NEW PUBLIC WORKS VEHICLES Recommendation: It is recommended that the City Council: 1. Award purchase of one (1) 2007 Chevrolet Silverado Truck in the amount of $28,462.37 (Equipment Service); 2. Award the purchase of one (1) 2007 Ford Ranger Extra Cab Truck in the amount of $17,923.32 (Public Works Inspection); 3. Authorize the reappropriation of $46,386 from FY 05-06 for Vehicle Purchases (Account numbers 715- 4202-5403, 715-3102-5403, and 715-4202-5403); and 4. Authorize Staff to issue the appropriate purchase documents as required. Summary: Public Works vehicles are part of the inventory in the Vehicle Replacement Fund. The 1989 Chevrolet Astrovan used by Equipment Service Division personnel was identified in the FY 04-05 Adopted Budget as scheduled for replacement and $26,250 was allocated for this purpose in Public Works Administration. This funding was reappropriated for FY 05-06 to complete the purchase. This request is for the purchase of the Chevy Silverado truck with utility bed package to replace that Astrovan. The 1996 Ford Ranger pick-up used by Public Works inspection personnel was identified in the FY 05-06 Adopted Budget as scheduled for replacement. There is an allocation in the amount of $12,600 in the Vehicle Replacement Fund - Public Works Administration and $8,400 in the Vehicle Replacement Fund — Sewers/Storm Drains also for this purpose, totaling $21,000 for the replacement of the 1996 Ford Ranger pick- up. Staff recommends that Council authorize the purchase of these vehicles from Wondries Fleet Group of Alhambra, California as they hold the sole contract (Bids #0364375 and #207488) with the County of. Los Angeles. They are also the provider of many Public Works vehicles in the County fleet. Since Wondries Fleet Group has an established government contract with the County, City policy allows the purchase of equipment from a sole source vendor under these conditions. This is considered a "piggyback" purchase and is standard within the industry. Fiscal Impact: The total cost to purchase both vehicles is $46,385.69. Of this amount, $12,600 is available in account 715- 4202-5403, Public Works Administration and $8,400 is available in account 715-3102-5403 for the purchase of the 2007 Ford Ranger. For the purchase of the Chevrolet Silverado, $26,250 is available in account 715-4202- 5403. See breakdown below. 2k M • • VEHICLE ACCOUNT BUDGET NEEDED COMMENTS Ranger Truck 715-4202-5403 12,600 Replacing Ford Ranger TOTAL 715-3102-5403 8,400 28,462.37 $2,212.37 shortfall for this purchase which can be covered by the surplus allocated for the Ranger replacement. TOTAL 21,000 17,923.32 $3,076.68 remains in acct. 715-4202- 5403 VEHICLE ACCOUNT BUDGET NEEDED COMMENTS Silverado 715-4202-5403 26,250 Replacing Astrovan TOTAL 26,250 28,462.37 $2,212.37 shortfall for this purchase which can be covered by the surplus allocated for the Ranger replacement. Respectfully submitted, Richar.'� Morgan, P.E. Director of Public Works/City Engineer Noted for fiscal impact: Viki Copelan Finance Director Concur: Step urrell City - nager F:1B951PWFILESICCITEMS\Vehicle Purchase 8-8-06.doc 2 Tuesday, August 1, 2006 Honorable Mayor and Members of Regular meeting of The Hermosa Beach City Council August 8, 2006 PURCHASE OF RADIO EQUIPMENT FOR FIRE DEPARTMENT RECOMMENDATION: Staff recommends that council: 1. Authorize the purchase and installation of radio equipment for the fire. department from South Bay Regional Public Communications Authority not to exceed $103,862.00. 2. Approve the reappropriation of funds from FY 05/06 to FY 06/07 in the amount of $98,670.00, account #150-2204-5405 and $5,192.00 from account #001-2201-5405. BACKGROUND: City Council approved the Fire Department receipt of $162,441.00 in grant funding from the FEMA "Assistance to Firefighters Grant Program", to purchase communication equipment. Digital/Analog dual mode capable P25 compliant UHF and VHF radio equipment was identified in the grant proposal as specific fire department communication equipment need. Fire department staff researched radio manufacturers which offered products that met grant guidelines and selected Motorola and Tait manufactured UHF radios to conduct field testing with. The field test evaluation process determined the Tait UHF radio product to be the functional choice by the firefighters for operational use. Fire department staff identified Bendix King Digital/Analog dual mode capable P25 compliant VHF radios would best suit the department need based on statewide field use for wildland fire events when VHF radios are primarily utilized. The City of Hermosa Beach solicited sealed bids from qualified vendors specifically identifying Tait Digital/Analog dual mode capable UHF P25 compliant equipment mobile arld portable radios, Bendix King Digital/Analog dual mode capable P25 compliant VHF portable radios, necessary accessories, and installation. Three (3) vendors submitted sealed bids, South Bay Regional Public Communication Authority $104,610.13, Advanced Electronics $103,093.97, and Vincent Communications, $17,969.00. The only vendor that met all bid specifications was the South Bay Regional Public Communication Authority. The. Advanced Electronics bid substituted Motorola • • radios with less capability than the specified Tait and Bendix King radios. Vincent Communication submitted a partial bid for only the Bendix King radios which the South Bay Regional Public Communication Authority bid amount improved on. The Fire Department request City Council Authorize the purchase and installation of radio equipment for the fire department from South Bay Regional Public Communications Authority not to exceed $103,862.00. Fire Department staff will modify the quantity of radios originally specified to reduce cost while still enhancing the number of radios on the current radio inventory. FISCAL IMPACT: The funds required for the purchase and installation of the fire department identified radios will be taken from the approved reappropriation of grant funds, account #150- 2204-5405, and the fire department's\general fund, account #001-2201-5405. Res ectfully submitted, Tingley ief Concur: S .iln Turrell City Manager Noted for Fiscal Impact: Viki Copeland Finance Director • • 10)4X - August 1, 2006 Honorable Mayor and Members of Regular Meeting of The Hermosa Beach City Council August 8, 2006 CIP PROJECT NO. 05-121 AVIATION STREET TREE PROJECT AWARD CONSTRUCTION CONTRACT Recommendation: It is recommended that the City Council: 1. Authorize the award of construction contract for the CIP Project No. 05-121 Aviation Street Tree Project to Belaire-West Landscaping, Inc. of Buena Park, California, in the amount of $170,750; 2. Authorize the Mayor to execute and the •City Clerk to attest the Contract subject to approval of the City Attorney; 3. Authorize the reappropriation of $137,781 from FY 05-06 account 302-8121-4201; 4. Authorize the appropriation of $53,122 from the 301 Capital Improvement Fund; and 5. Authorize the Director of Public Works to issue change orders as necessary within the approved budget. Background: On July 13, 2006, Public Works staff advertised for bids in accordance with public contract requirements. The City Clerk received three bids by the closing date of July 31, 2006. The bids were publicly opened and read aloud. The results were as follows: Company Bid Amount 1. M3 Service 2. Pima Corp. 3. Belaire-West Landscaping Inc. The proposed work includes the following: • Remove 64 existing trees. • Modifications and repairs to sidewalks/tree grates. • Install 69 Queen Palms. • Install 69 concrete tree grates. Analysis: $ 171,444.27 $ 207,875.00 $ 170,750.00 Staff reviewed the low bidder's documents and found them to be in order. Reference calls were supportive of the contractor's work habits. The Department of Public Works, therefore, recommends award of this contract Belaire-West Landscaping, Inc. in the amount of $170,750. 2m Fiscal Impact: The apparent lowest bid price of $170,750 plus contingency of $17,075 bring the project total to $187,825. $3,078 is allocated for consulting services for FY 06-07. $137,781 is available in FY 05-06 for this work. An additional appropriation of $53,122 is needed to complete this project. Respectfully submitted, Kenneth Reamey Project Manager Noted For Fiscal Impact: Finance Director 2 Concur: Richard o' organ Director of Public Works/City Engineer F:\B95\PWFILES\CCITEMS\05-121 Award Contract 080806.doc F HONORABLE MAYOR and MEMBERS of the HERMOSA BEACH CITY COUNCIL SUBJECT: FINAL MAP NO. 061318 (C.U.P. CON NO. 04- LOCATION: 315 - 317 HOPKINS AVENUE APPLICANT(S): HAROLD ANSCHEL 722 11TH STREET HERMOSA BEACH, CA 90254 REQUEST: Recommendation LAdo D9486 July July 31, 2006 Regular Meeting of August 8, 2006 11, PDP NO. 04-12) TO ADOPT A RESOLUTION APPROVING FINAL MAP FOR A TWO - UNIT CONDOMINIUM PROJECT Staff recommends approval of Final Parcel. Map No. 061318 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.061318 at their June 15, 2004 meeting. The approval of the map was extended for an additional year to June 2007 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. 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: Sol Blumenf;i d, D ector Community 9 evelopment Department Stephen City Man ger y/f:fm315Hopkins 2 3 4 5 7 9 10 11 1.2 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. 061318, FOR THE SUBDIVISION OF A TWO -UNIT CONDOMINIUM, LOCATED AT 315 - 317 HOPKINS AVENUE IN THE CITY OF HERMOSA BEACH, CALIFORNIA WHEREAS, on June 15, 2004, the Planning Commission of the City of IIermosa Beach conducted a duly noticed public hearing to consider the application of Harold Anschel (the "Applicant" hereinafter) for approval of Tentative Parcel Map No. 061318 and, upon conclusion of said public hearing on June 15, 2004 the Planning Commission adopted its Resolution No. 04- 20 approving Tentative Parcel Map No. 061318. WHEREAS, on July 25, 2006, the Applicant filed an application for approval of Final Parcel Map No. 061318 (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. 061318 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 Govermnent 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. 061318 as presented. The Council further authorizes and directs the Mayor and the City Clerk to execute the Subdivision Agreement for 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • installation of public improvements required by Tentative Parcel Map No. 061318 and not yet completed as of the date hereof. SECTION 3. The City Clerk is hereby directed to: a. Certify to the adoptionof this Resolution; and b. Transmit a certified copy of this Resolution to the Applicant. PASSED, APPROVED and ADOPTED this 8th day of August, 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\fm315 Hopkins rs HONORABLE MAYOR and MEMBERS of the HERMOSA BEACH CITY COUNCIL July 31, 2006 Regular Meeting of August 8, 2006 SUBJECT: FINAL MAP NO. 61742 (C.U.P. CON NO. 04-19, PDP NO. 04-20) LOCATION: 1054 - 1056 7TH STREET APPLICANT(S): STEVEN WITHEROW 1056 7TH STREET HERMOSA BEACH, CA 90254 REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL MAP FOR A TWO - UNIT CONDOMINIUM PROJECT Recommendation Staff recommends approval of Final Parcel Map No. 61742 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.61742 at their September 21„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 2o • • 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 Blumenf Community d, I irector evelopment Department Steph City "ager Respectfully submitted, oZ n x�o�x�,rtson Senior Planner y/f:fm1054 - 7th 2 3 5 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. 61742, FOR THE SUBDIVISION OF A TWO -UNIT CONDOMINIUM, LOCATED AT 1054 - 1056 7T11 STREET IN THE CITY OF HERMOSA BEACH, CALIFORNIA WIIEREAS, on September 21, 2004, the Planning Commission of the City of Hermosa Beach conducted a duly noticed public hearing to consider the application of Steven Witherow (the "Applicant" hereinafter) for approval of Tentative Parcel Map No. 61742 and, upon conclusion of said public hearing on September 21, 2004 the Planning Commission adopted its Resolution No. 04-37 approving Tentative Parcel Map No. 61742. WHEREAS, on July 17, 2006, the Applicant filed an application for approval of Final Parcel Map No. 61742 (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. 61742 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. 61742 as presented. The Council further authorizes and directs the Mayor and the City Clerk to execute the Subdivision Agreement for 2 3 4 5 6 7 8 9 10 I1 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. 61742 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 8th day of August, 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\fm1054 - 7th Street rs July 26, 2006 City Council Meeting August 8, 2006 Mayor and Members of the City Council ORDINANCE NO. 06-1270 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING DEVELOPMENT STANDARDS IN THE ZONING ORDINANCE FOR THE R-1 ZONE EXCEPTIONS FOR SMALL LOTS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE" Submitted for adoption and waiver of full reading is Ordinance No. 06-1270 relating to the above subject. At the meeting of July 25, 2006, the ordinance was presented to the City Council for consideration and introduced by the following vote: AYES: NOES: ABSENT: ABSTAIN: Noted: Bobko, Keegan, Reviczky, Mayor Tucker None Edgerton None Stephe City Manager Oki y/ acne Doerfling, City CIe 2 3 • . ORDINANCE NO. 06-1270 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING DEVELOPMENT STANDARDS IN THE ZONING ORDINANCE FOR THE R-1 ZONE EXCEPTIONS FOR 4 SMALL LOTS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE 5 6 7 THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY 8 ORDAIN AS FOLLOWS: 9 SECTION 1. The Planning Commission held a duly noticed public hearing on May 16 and 10 June 20, 2006, based on initial direction from the City Council, to consider amending " the 11 development standards of the R-1 zone, as set forth in Section 17.08.030, as they pertain to the 12 exceptions for small lots. 13 SECTION 2. The City Council held a duly noticed public hearing on July 25, 2006 to 14 consider amending the development standards of the R-1 zone, as set forth in Section 17.08.030, as 15 they pertain to the exceptions for small lots as recommended by the Planning Commission following 16 its public hearing on the matter. 17 SECTION 3. Based on the evidence considered at the public hearing and the 18 recommendation of the Planning Commission, the City Council makes the following findings: 19 1. Section 17.08.030 of the Zoning Ordinance currently provides exceptions to the R- 20 1 development standards for small lots with respect to open space requirements. 21 2. Small lots are defined as lots that are 2100 square feet or less, and the Planning 22 Commission on a case-by-case basis may also include lots within 10% (i.e. up to 2,310 square 23 feet). 24 3. The small lots are largely concentrated in the Shakespeare Tract (between 30th 25 Street and Longfellow Avenue west of Valley Drive). There are approximately 150 lots zoned R- 26 1 located in the Shakespeare tract with lot dimensions of 30'x 70' feet. Additionally, there are 27 approximately 140 other smaller parcels of less than 2100 square feet, of which about 70 are 28 "half -lots" located throughout the City. Also there are approximately another 150 smaller parcels 1 06-1270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • that fall within the 10% range (i.e. between 2100 and 2310 square feet), which are located in various areas throughout the City. Therefore, a total of approximately 440 properties may qualify as "small lots" in the City. 4. A small lot exception for open space in the R-1 zone was added to the code in 1988 and amended in 1997 to deal with the hardship of building on small lots. These provisions have the unintended effect of allowing the development of slightly larger homes with unconventional floor plans (i.e. primary hying area on upper floors with bedrooms on the first floor) rather than traditional floor plans. Also development pressures on small lots have resulted in an unusual number of variances being requested even with these exceptions. 5. The Ordinance allows the front yard to count toward required open space and to increase the allowable lot coverage to provide some additional footage demanded by most homeowners either remodeling or constructing new homes, without compromising neighborhood compatibility, and should reduce the need for variances. The changes should also increase the desirability of conventional floor plans on walk streets where the front yard open space directly connects to the open area available in the encroachment area. Also, these changes may provide enough additional footage so owners do not feel compelled to construct full basements. For those lots fronting on vehicular streets these amendments will reduce the current benefit gained by loading garages on the vehicular street, so owners will be encouraged to continue to use the alley for garage access, and preserve on -street parking. 6. The subject text amendment is exempt from the requirements of the California Environment Quality Act (CEQA), pursuant to the general rule set forth in Section 15061(3) of the CEQA Guidelines, as there is no possibility that this text amendment may have a significant effect on the environment. SECTION 4. Title 17- Zoning, Chapter 17.08, Section 17.08.030 of the Hermosa Beach Municipal Code is amended by repealing the entire Subsection number (1), under Section 17.08.030(L), entitled Exceptions for small lots SECTION 5. Title 17- Zoning, Chapter 17.08, of the Hermosa Beach Municipal Code is amended by adding thereto a new Section 17.08.040 to read as follows: 2 06-1270 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • "Section 17.08.040 Development Standards for Small Lots. Lots that are 2100 square feet or less in area shall be subject to the development standards as contained in Section 17.08.030, with the exception of the following standards: A. Open Space. There shall be a minimum of three hundred (300) square feet of usable open space with minimum dimensions of seven feet in length and width, and all of the required usable open space may be provided on balconies or decks provided that at least sixty percent (60%) of usable open space is directly accessible to primary living areas (living rooms, family rooms, and kitchen and living room or family room combinations) and located on the same floor level as the accessible primary living area. The required front yard area may be included in the required amount of open space provided a minimum dimension of seven feet in length and width is provided. When computing open space in conjunction with required side yard areas, only the area that exceeds the minimum required yard dimension may be counted toward open space and only if the overall dimension of the required yard and the excess area together has a dimension of seven feet in length and width. B. Lot Coverage. All buildings including accessory buildings shall not cover more than seventy (70) percent of the area of the lot; C. Lots within ten percent (10%) of the lot size identified above (i.e. lots ranging from 2101 - 2310 square feet) may also be considered for some or all of the lot coverage and/or open space exceptions for small lots, pursuant to the above, subject to review and approval by the Planning Commission if warranted by any of the following considerations: 1. To achieve a consistent and comparable amount of indoor living space with existing dwelling units in the immediate neighborhood; 2. To allow design flexibility in the application of the open space standard in conjunction with the remodeling and expansion of existing structures; 3. To allow an innovative design which otherwise is consistent with the goals and intent of the open space and development standards for the R-1 zone; 3 06-1270 2 3 4 5 6 7 8 9 10 11 12 13 14 15. 16 17 18 19 20 21 22 23 24 25 26 27 28 • • 4. To address unusual lot configurations or topography, as compared with surrounding lot and development patterns." SECTION 6. 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 7. 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 8. The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original Ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 8th of August 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Bobko, Keegan, Reviczky, Mayor Tucker None Edgerton None PRESIDENT of the City Council and MAYOR of the City of Herniosa Beach, California ATTEST: City Clerk APPROVED AS -TO FORM: City Attorney 4 06-1270 • • g 4)-o4 July 26, 2006 City Council Meeting August 8, 2006 Mayor and Members of the City Council ORDINANCE NO. 06-1271 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING NEW CHAPTER 8.52 FLOODPLAIN MANAGEMENT REGULATIONS AND AMENDING CHAPTER 15.04 OF THE HERMOSA BEACH MUNICIPAL CODE" Submitted for adoption and waiver of full reading is Ordinance No. 06-1271 relating to the above subject. At the meeting of July 25, 2006, the ordinance was presented to the City Council for consideration and introduced by the following vote: Noted: Stephe 1 AYES: Bobko, Keegan, Reviczky, Mayor Tucker NOES: None ABSENT: Edgerton ABSTAIN: None re JCity Manager Elaine Doerfling, City Cler 3b 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • ORDINANCE NO. 06-1271 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORiNIA, AMENDING TITLE 8 OF THE HERMOSA BEACH MUNICIPAL CODE ADDING NEW CHAPTER 8.52 FLOODPLAIN MANAGEMENT REGULATIONS AND AMENDING CHAPTER 15.04 OF THE HERMOSA BEACH MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby finds that the Title 44, Section 60.1(a) of the Code of Federal Regulations requires adoption of Floodplain Management Regulations in order for the residents of the City of Hermosa Beach to be eligible to purchase flood insurance through the National Flood Insurance Program, which is managed by the Federal Emergency Management Agency. Such regulations must meet the minimum standards set forth in Title 44, Section 60.3 of the Code of Federal Regulations. SECTION 2. Title 8 of the Hermosa Beach Municipal Code is amended by adding thereto a new Chapter 8.52 to read as follows: Chapter 8.52 FLOODPLAIN MANAGEMENT REGULATIONS 8.52.010 STATUTORY AUTHORIZATION, The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City of Hermosa Beach does hereby adopt the following floodplain management regulations. 8.52.020 FINDINGS OF FACT_ A. The flood hazard areas of Hermosa Beach are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. B. These flood losses are caused by uses that are inadequately elevated, flood -proofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood 1 06-1271 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • hazards which increase flood heights and velocities also contributes to flood Losses. 8.52.030 STATEMENT OF PURPOSE. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions by provisions designed to: A. Protect human life and health; B. Minimize expenditure of public money for costly flood control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. Minimize prolonged business interruptions; E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard; F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 8.52.040 METHODS OF REDUCING FLOOD LOSSES. In order to accomplish its purposes, this chapter includes regulations to: A. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; D. Control filling, grading, dredging, and other development which may increase flood damage; and 2 06-1271 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • E. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. 8.52.050 DEFINITIONS. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. "A zone" - sce "Special flood hazard area". "Accessory structure" means a structure of which the use is incidental to that of the main structure on the same lot. Where the wall of an accessory structure has a common wall or a portion of a common wall not less than four feet in length, such accessory structure shall be considered as a part of the main structure. "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this chapter. "Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard" - See "Special flood hazard area." "Area of special flood -related erosion hazard" is the land within a community which is most likely to be subject to severe flood -related erosion losses. The area may be designated as Zone E on the Flood Insurance Rate Map (FIRM). "Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100 -year flood"). Base flood is the term used throughout this chapter. "Base flood elevation" (BFE) means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH, A1-30, VE and V1 -V30 that indicates the water surface elevation resulting from a flood that has a 1 -percent or greater chance of being equaled or exceeded in any given year. 3 06-1271 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • "Basement" means any area of the building having its floor subgrade - i.e., below ground level - on all sides. "Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: 1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and 2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. "Building" - see "Structure". "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone V1 -V30, VE, or V. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the 4 06-1271 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the date this chapter became effective. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "Flood, flooding, or flood water" means: 1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and 2. The condition resulting from flood -related erosion. "Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. "Floodplain or flood -prone area" means any land area susceptible to being inundated by water from any source - see "Flooding." "Floodplain Administrator" is the Director of Public Works. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. 5 06-1271 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • "Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood -prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage. "Flood -proofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet flood -proofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory Floodway." "Floodway fringe" is that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted. "Fraud and victimization" as related to Section 8.52.260 of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City of Hermosa Beach will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one -hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, 6 06-1271 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities. "Governing body" is the City Council of the City of Hermosa Beach. "Hardship" as related to Section 8.52.230 of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The City of Hermosa Beach requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic structure" means any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Depaitinent of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. 7 06-1271 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. "Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition). 1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non -elevation design requirements, including, but not limited to: a. The flood openings standard in Section 8.52.160.C.4 ; b. anchoring standards .in Section 8.52.160.A; c. construction materials and methods standards in Section 8.52.160.B; and d standards for utilities in Section 8.52.170. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle". "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Market value" is defined in the City of Hermosa Beach substantial damage/improvement procedures. See Section 8.52.140.B. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. 8 06-1271 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • "New construction" for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of this chapter, and includes any subsequent improvements to such structures. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of this chapter. "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. "One -hundred -year flood" or "100 -year flood" - see "Base flood." "Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope. "Program deficiency" means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations. "Public safety and nuisance" as related to Section 8.52.250 of this chapter, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. 9 06-1271 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • "Recreational vehicle" means a vehicle which is: 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light-duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Remedy a violation" means to bring the structure or other development into compliance with State or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. "Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward of the beach. "Sheet flow area" - see "Area of shallow flooding." "Special flood hazard area (SFHA)" means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, Al -A30, AE, A99, AH, V1 -V30, VE or V. "Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the 10 06-1271 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home. Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the Iocal code enforcement official and which are the minimum necessary to assure safe living conditions; or 2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." "V zone" - see "Coastal high hazard area." "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. 11 06-1271 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • "Violation" means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. 8.52.060 LANDS TO WHICH THIS CHAPTER APPLIES. This chapter shall apply to all areas of special flood hazards within the jurisdiction of City of Hermosa Beach 8.52.070 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Los Angeles County Flood Insurance Study (FIS)" dated July 6, 1998, with accompanying Flood Insurance Rate Maps (FIRM's) and Flood Boundary and Floodway Maps (FBFM's), and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City of Hermosa Beach by the Floodplain Administrator. The study, FIRM's and FBFM's are on file at the City of Hermosa Beach Public Works Department at 1315 Valley Drive, Hermosa Beach. 8.52.080 COMPLIANCE. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. 12 06-1271 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • Nothing herein shall prevent the City of Hermosa Beach from taking such lawful action as is necessary to prevent or remedy any violation. 8.52.090 ABROGATION AND GREATER RESTRICTIONS. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and any other provision of law, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 8.52.100 INTERPRETATION. In the interpretation and application of this chapter, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under state statutes. 8.52.110 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of City of Hermosa Beach, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. 8.52.120 FLOOD DAMAGE PREVENTION PERMIT. A flood damage prevention permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section 8.52.070. Application for a flood damage prevention permit shall be made on forms furnished by the City of Hermosa Beach. The applicant shall provide the following minimum information: A. Plans in duplicate, drawn to scale, showing: 13 06-1271 2 3 4 .5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • 1. Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location; 2. Proposed locations of water supply, sanitary sewer, and other utilities; 3. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities; 4. Location of the regulatory floodway when applicable; 5. Base flood elevation information as specified in Section 8.52.070 or Section 8.52.140.C; 6. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and 7. Proposed elevation in relation to mean sea level to which any nonresidential structure will be flood -proofed, as required in Section 8.52.160.C.3 of this chapter and detailed in FEMA Technical Bulletin TB 3-93. B. Certification from a registered civil engineer or architect that the nonresidential flood -proofed building meets the flood -proofing criteria in Section 8.52.160.C.3. C. For a crawl -space foundation, location and total net area of foundation openings as required in Section 8.52.160.C.2 of this chapter and detailed in FEMA Technical Bulletins 1-93 and 7-93. D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. E. All appropriate certifications listed in Section 8.52.140.E of this chapter. 8.52.130 DESIGNATION OF FLOODPLAIN ADMINISTRATOR. The Director of Public Works is hereby appointed to administer, implement, and enforce this chapter by granting or denying flood damage prevention permits in accord with its provisions. 8.52.140 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINSTRATOR. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following: A. Permit Review. 14 06-1271 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • Review all flood damage prevention permits to determine: 1. Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures; 2. All other required state and federal permits have been obtained; 3. The site is reasonably safe from flooding; 4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than 1 foot at any point within the City of Hermosa Beach; and 5. All Letters of Map Revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition. B. Development of Substantial Improvement and Substantial Damage Procedures. 1. Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings," develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining "Market Value." 2. Assure procedures are coordinated with other departments/divisions and implemented by community staff. C. Review, Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 8.52.070, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Sections 8.52.160 through 8.52.220. NOTE: A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A 15 06-1271 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 • Areas — A Guide for Obtaining and Developing Base (100 -year) Flood Elevations" dated July 1995. D. Notification of Other Agencies. 1. Alteration or relocation of a watercourse: a. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation; b. Submit evidence of such notification to the Federal Emergency Management Agency; and c. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained. 2. Base Flood Elevation changes due to physical alterations: a. Within 6 months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR). b. All LOMR's for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data. 3. Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits. E. Documentation of Floodplain Development. 16 06-1271 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 following: • • Obtain and maintain for public inspection and make available as needed the 1 Certification required by Section 8.52.160.C.1 and Section 8.52.190 (lowest floor elevations); 2. Certification required by Section 8.52.160.C.3 (elevation or flood -proofing of nonresidential structures); 3. Certification required by Sections 8.52.160.C.4 (wet flood -proofing standard); 4. Certification of elevation required by Section 8.52.180.A.3 (subdivisions and other proposed development standards); 5. Certification required by Section 8.52.220 (floodway encroachments); 6. Information required by Section 8.52.210.F (coastal construction standards); and 7. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency. F. Map Determination. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 8.52.150. G. Remedial Action. Take action to remedy violations of this chapter as specified in Section 8.52.080. H. Biennial Report. Complete and submit Biennial Report to FEMA. I. Planning. Assure community's General Plan is consistent with floodplain management objectives herein. 8.52.150 APPEALS The City Council of the City of Hermosa Beach shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter. 17 06-1271 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • 8.52.160 STANDARDS OF CONSTRUCTION In all areas of special flood hazards the following standards are required: A. Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. B. Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed: 1. With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation; 2. Using methods and practices that minimize flood damage; 3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and 4. Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. C. Elevation and Flood -proofing. 1. Residential construction. All new construction or substantial improvements of residential structures shall have the lowest floor, including basement: a. In AE, AH, Al -30 Zones, elevated to or above the base flood elevation. b. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least 2 feet above the highest adjacent grade if no depth number is specified. c. In an A zone, without BFE's specified on the FIRM [unnumbered A zone], elevated to or above the base flood elevation; as determined under Section 8.52.140.C. 18 06-1271 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. 2. Crawlspace Construction. This sub -section applies to buildings with crawl spaces up to 2 feet below grade. Below -grade crawl space construction in accordance with the requirements listed below will not be considered basements. a. The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Crawl space construction is not allowed in areas with flood velocities greater than 5 feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer; b. The crawl space is an enclosed area below the BFE and, as such, must have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. For guidance on flood openings, see FEMA Technical Bulletin 1-93; c. Crawl space construction is not permitted in V zones. Open pile or column foundations that withstand storm surge and wave forces are required in V zones; d. Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE; and e. Any building utility systems within the crawl space must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. f. Requirements for all below -grade crawl space construction, in addition to the above requirements, to include the following: 1. The interior grade of a crawl space below the BFE must not be more than 2 feet below the lowest adjacent exterior grade (LAG), shown as D in figure 3 of Technical 19 06-1271 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 • • Bulletin 11-01; 2. The height of the below -grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall must not exceed 4 feet (shown as L in figure 3 of Technical Bulletin 11-01) at any point; 3. There must be an adequate drainage system that removes floodwaters from the interior area of the crawl space within a reasonable period of time after a flood event, not to exceed 72 hours; and 4. The velocity of floodwaters at the site should not exceed 5 feet per second for any crawl space. For velocities in excess of 5 feet per second, other foundation types should be 3. Nonresidential construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with Section 8.52.160.0 or: a. Be flood -proofed, together with attendant utility and sanitary facilities, below the elevation recommended under Section 8.52.160.C.1, so that the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and c. Be certified by a registered civil engineer or architect that the standards of Section 8.52.160.C.3.a & b are satisfied. Such certification shall be provided to the Floodplain Administrator. 4. Flood openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria: a. For non -engineered openings: 1. Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; 20 06-1271 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 • 2. The bottom of all openings shall be no higher than one foot above grade; 3. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; and 4. Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or b. Be certified bya registered civil engineer or architect. 5. Manufactured homes. See Section 8.52.190. 6. Garages and low cost accessory structures. a. Attached garages. 1. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See Section 8.52.160.C.4. Areas of the garage below the BFE must be constructed with flood resistant materials. See Section 8.52.160.B. 2. A garage attached to a nonresidential structure must meet the above requirements or be dry flood -proofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB -6. b. Detached garages and accessory structures. 1. "Accessory structures" used solely for parking (2 car detached garages or smaller) or limited storage, as defined in Section 8.52.050, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements: a. Use of the accessory structure must be limited to parking or limited storage; 24 b. The portions of the accessory structure located below the BFE must 25 be built using flood -resistant materials; 26 c. The accessory structure must be adequately anchored to prevent 27 flotation, collapse and lateral movement; 28 21 06-127] 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • d. Any mechanical and utility equipment in the accessory structure must be elevated or flood -proofed to or above the BFE; e. The accessory structure must comply with floodplain encroachment provisions in Section 8.52.220; and f. The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with Section 8.52.160.C.4. 2. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 8.52.160. 8.52.170 STANDARDS FOR UTILITIES. A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate: 1. Infiltration of flood waters into the systems; and 2. Discharge from the systems into flood waters. B. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding. 8.52.180 STANDARDS FOR SUBDIVISIONS AND OTHER PROPOSED DEVELOPMENT A. All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or 5 acres, whichever is the lesser, shall: 1. Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BFE). 2. Identify the elevations of lowest floors of all proposed structures and pads on the final plans. 3. If the site is filled above the base flood elevation, the following as -built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator: a. Lowest floor elevation. 22 06-1271 b. Pad elevation. c. Lowest adjacent grade. B. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage. C. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. D. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards. 8.52.190 STANDARDS FOR MANUFACTURED HOMES A. All manufactured homes that are placed or substantially improved, on sites located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall: 1. Within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 2. Within Zones V1-30, V, and VE on the community's Flood Insurance Rate Map, meet the requirements of Section 8.52.210. B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, AE, V1-30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions of Section 8.52.190 will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the: 1. Lowest floor of the manufactured home is at or above the base flood elevation; or 2. Manufactured home chassis is supported by reinforced piers or other foundation 23 06-1271 26 27 28 • • elements of at least equivalent strength that are no less than 36 inches in height above grade. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. 8.52.200 STANDARDS FOR RECREATIONAL VEHICLES A. All recreational vehicles placed in Zones A1-30, AH, AE, V1-30 and VE will either: 1. Be on the site for fewer than 180 consecutive days; or 2. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or 3. Meet the permit requirements of Section 8.52.120 of this chapter and the elevation and anchoring requirements for manufactured homes in Section 8.52.190. B. Recreational vehicles placed on sites within Zones V1-30, V, and VE on the community's Flood Insurance Rate Map will meet the requirements of Section 8.52.200.A and Section 8.52.210. 8.52.210 COASTAL HIGH HAZARD AREAS Within coastal high hazard areas, Zones V, V1-30, and VE, as established under Section 8.52.070, the following standards shall apply: A. All new residential and non-residential construction, including substantial improvement/damage, shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or Local building 24 06-1271 standards. B. All new construction and other development shall be located on the landward side of the reach of mean high tide. C. All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 8.52.050 of this chapter. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage. D. Fill shall not be used for structural support of buildings. E. Man-made alteration of sand dunes which would increase potential flood damage is prohibited. F. The Floodplain Administrator shall obtain and maintain the following records: 1. Certification by a registered engineer or architect that a proposed structure complies with Section 8.52.210.A; and 2. The elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. 8.52.220 FLOODWAYS. Since floodways are an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: A. Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than 1 foot at any point within the City of Hermosa Beach. B. Within an adopted regulatory floodway, the City of Hermosa Beach shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the 25 06-1271 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • base flood discharge. C. If Sections 8.52.220.A & B are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Sections 8.52.160 through 8.52:220. 8.52.230 NATURE OF VARIANCES The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance. The variance criteria set forth in this section of the chapter are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of the City of Hermosa Beach to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. 8.52.240 CONDITIONS FOR VARIANCES A. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 8.52.120 through 8.52.220 of this chapter have 26 06-1271 2 3 4 5 6 8 9 10 1I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. B. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 8.52.050 of this chapter ) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. C. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result. D. Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the City of Hermosa Beach need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City of Hermosa Beach believes will both provide relief and preserve the integrity of the local ordinance. E. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that: 1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and 2. Such construction below the base flood level increases risks to Life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Los Angeles County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. F. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency. 27 06-1271 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • 8.52.250 CRITERIA FOR ISSUANCE OF VARIANCES A. In passing upon requests for variances, the City of Hermosa Beach shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the: 1. Danger that materials may be swept onto other lands to the injury of others; 2. Danger of life and property due to flooding or erosion damage; 3. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property; 4. Importance of the services provided by the proposed facility to the community; 5. Necessity to the facility of a waterfront location, where applicable; 6. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 7. Compatibility of the proposed use with existing and anticipated development; 8. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area; 9. Safety of access to the property in time of flood for ordinary and emergency vehicles; 10. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and 11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges. B. Variances shall only be issued upon a: 1. Showing of good and sufficient cause; 2. Determination that failure to grant the variance would result in exceptional "hardship" to the applicant; and 3. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see 28 06-1271 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • "Public safety and nuisance"), cause "fraud and victimization" of the public, or conflict with existing local laws or ordinances. C. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Sections 8.52.250.A through 8.52.250.D are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance. D. Upon consideration of the factors of Section 8.52.240.A and the purposes of this chapter, the City of Hermosa Beach may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. SECTION 3. Chapter 15.04 of the Hermosa Beach Municipal Code is amended by adding a new Section 15.04.150 to read as follows: 15.04.150 FLOODPLAIN MANAGEMENT REGULATIONS Notwithstanding the provisions of Section 15.04.010, the Building Code is amended by requiring that all construction or other development within any area of special flood hazard, as determined in Section 8.52.060 of this Code, is subject to the Floodplain Management Regulations set forth in Chapter 8.52 of this Code. SECTION 4. 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 5. Pursuant to Government Code § 36933(c)(1), a summary of this ordinance was published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach five days before adoption. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause a summary of 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. 29 06-1271 • • SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original Ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 8th of August 2006 by the following vote: AYES: Bobko, Edgerton, Keegan, Reviczky, Mayor Tucker NOES: None ABSENT: None ABSTAIN: None PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 30 06-1271 July 31, 2006 Honorable Mayor and Members of the Regular Meeting of Hermosa Beach City Council August 8, 2006 SUBJECT: CONSIDERATION OF AN INCREASE IN THE CITY'S IN -LIEU PARKING FEE Recommendation: That the City Council adopt the attached resolution approving an increase in the City's in -lieu parking fee from $12,500 to $28,900 per space. Background: Section 17.44. 040E of the Zone Code establishes requirements for the payment of fees to provide for off-site parking in -lieu of providing the required parking on the project site: "E. Parking in -lieu fees. When the city council provides for contributions to an improvement fund for a vehicle parking district in -lieu of parking spaces so required, said in -lieu fee contributions shall be considered to satisfy the requirements of this chapter..." The amount of the in -lieu parking fee is to be adopted by City Council resolution. The fee amount was last changed in June of 1999, when it was set at $12,500. From preliminary information on construction costs and comparison with other cities' fees, it was determined that the current fee amount is not sufficient to finance the cost of providing the off-site spaces. The City commissioned the attached study by Nagasaki and Associates to determine the appropriate revised in -lieu fee amount based upon a comparative analysis of in lieu fees in other cities and the cost per stall to construct subterranean parking. The study determined that: "Many fees are typically based on the purported cost per space for construction of alternative parking structures to accommodate development in the `in -lieu parking' districts. We ... sought secondary information for developing the cost to construct a parking structure in the city of Hermosa Beach. This is based a hypothetical parking structure located within the city including costs of construction, financing and land acquisition..." (p.3) The study concludes that allowing for the estimated costs of construction and land acquisition: "[the data] indicates a range of $25,882 to $33,849 per space, with an average of $28,884. It is interesting to note that these figures are generally consistent with the in -lieu fees being charged [by other cities] which in many cases reflect the cost to build a new parking structure... ... we have concluded with an in -lieu parking fee of $28,900 per space as appropriate for the City of Hermosa Beach. This figure considers both the cost basis, as well as competitive rates charged by other municipalities." (p.4) Thus, the attached study finds that the average construction cost is $28,844, which is generally consistent with the fees charged by most area cities for in lieu parking and that the City's in -lieu parking fee should be revised to $28,900. Staff believes that the data presented are realistic and the conclusions are reasonable given the prevailing fees in other cities and therefore recommends adoption of the attached resolution. 5a • • Development Impacts with the Proposed Fee Change: The proposed fee change dramatically increases already costly in lieu parking fees. Two recently proposed downtown office -retail projects that substantially relied on in lieu parking for project development may find the cost prohibitive.' Promoting office and retail use remains a goal in the downtown and the Council may want to exercise flexibility for certain projects that promote economic development goals. For example, the Council may want to consider options for in lieu parking such as allowing smaller businesses to lease in lieu spaces to accommodate smaller business expansions. Another option may to allow discounted in lieu fees for certain projects that promote an important revitalization goals or to allow certain businesses to pay in Iieu parking over time.2 This effectively subsidizes the cost of parking to facilitate an important project or goal. If the City Council wants to pursue any of these changes they can be accomplished with a future amendment to the downtown Parking Ordinance.3 Any proposed changes to the downtown in lieu parking program will also require Coastal Commission approval. Fiscal Impact: Per the findings of the study, the revised fee will provide for deposits to the City's Downtown Enhancement Fund for funding the construction of public parking facilities in the city. Sol Blumenfe d, D rector Community 1 evelopment Con Step City % anager Notes: Approved for Fiscal Impact: Viki Cope and, Director Finance 1. A proposed retail/office project at 400 Pier Avenue recently reduced the project scope to accommodate more parking on site and reduce parking demand and another retail -office project at 1429 Hermosa Avenue that is proposing to use in lieu parking may need to reevaluate the project based upon the Council's decision regarding the in lieu fee increase. 2. Some cities like the City of San Clemente authorize time payments from 5 to 10 years with a minimum initial cash payment of one-half the value of the spaces and the balance paid over the term and interest accruing on the unpaid balance of the in lieu fee at 10% annually. 3. The current in lieu parking ordinance requires providing 25% of parking on-site for projects with floor area ratios over 1:1 and project with less than 1:1 floor area may provide 100% of project parking in lieu. Attachments: 1. Study by Nagasaki and Associates 2. Draft Resolution P:/InLieuFces • NAGASAKI &i ASSOCIATES REAL ESTATE CONSULTANTS Mr. Sol Blumenfeld Community Development Director City of Hermosa Beach 1315 Valley Drive Room 103 Hermosa Beach, CA 90254 Dear Mr. Blumenfeld: July 10, 2006 Re: In -Lieu Parking Fees Downtown Parking District Hermosa Beach, California File No. 06-191 In accordance with your request, we have completed an analysis of the In -Lieu Parking Fees for the City of Hermosa Beach. Please recognize this report is a consulting analysis and provides an opinion of the fee to be paid "in -lieu of the required parking spaces needed for development of a project in the Downtown District of the city. This is not a formal appraisal document, but provides in summary report format, our investigations and conclusions of the appropriate in -lieu parking fee. The client and intended user of this report is the City of Hermosa Beach and its Community Development Director for the purpose of updating the current in -lieu parking fee charged for development in the Downtown Hermosa Beach district. Use by others in not implied nor permitted. Based on our investigations and analyses, we have concluded the appropriate In -Lieu Parking Fee for the downtown district of the City of Hermosa Beach, as of the current date, should be: TWENTY EIGHT THOUSAND NINE HUNDRED DOLLARS PER SPACE ($28,900 PER SPACE) Scope of Work In our scope of work we undertook the following studies: Reviewed the existing ordinance; Researched charges for In -lieu parking fees for cities in Southern California; Researched parking garage costs on a per space basis; Reconciled and considered the application of both costs and similar fees as compared to Hermosa Beach; Arrived at a conclusion of final charges appropriate for the city; Prepared a written report outlining our conclusions in a summary report format. 2421 West 205th Street, Suite D201 Torrance, California 90501 310.224.7900, Ext. 103 • 310.224.7901 Fax • • Existing Ordinance According to the city of Hermosa Beach Municipal Code the following is the current ordinance: 17.44. 040 Parking requirements for the downtown district. The following requirements apply within in the boundary of the downtown district, as defined by the map incorporated by this reference. A. The amount of parking shall be calculated for each particular use as set forth in Section 17.44.030 with the exception of the following: Retail, general retail commercial uses: one space for each 333.33 square feet of gross floor area (or 3 spaces per 1000 square feet). Offices, general: one space for each 333.33 square feet of gross floor area (or 3 spaces per 1000 square feet). Office, medical: one space for each 333.33 square feet of gross floor area (or 3 spaces per 1000 square feet). B. When the use of an existing building or portion thereof is less than 5,000 square feet gross floor area is changed from a non -restaurant use to a restaurant use, the parking requirement shall be calculated as set forth in Section 17.44.030, with no parking credit allowed for the existing or prior use. C. When the use of an existing building or a portion thereof is changed to a more intensive use with a higher parking demand (with the exception of restaurants less than 5,000 square feet gross floor area as noted above), the requirement for additional parking shall be calculated as the difference between the required parking as stated in this chapter for that particular use as compared to a base requirement of 1 space per 250 square feet gross floor area. D. For expansions to existing buildings legally nonconforming to parking requirements, parking requirements shall only be applied to the amount of expansion. E. Parking in -lieu fees. When the city council provides for contributions to an improvement fund for a vehicle parking district in -lieu of parking spaces so required, said in -lieu fee contributions shall be considered to satisfy the requirements of this chapter. The Director of the Community Development Department shall be responsible for the calculations required under this chapter and shall calculate and collect the in -lieu contribution. The following allowances through in -lieu fee contributions for parking may be allowed with a parking plan as approved by the Planning Commission and as prescribed in Section 17.44.210: a. Building sites with a ratio of building floor area to building site of one to one or less may pay an "in -lieu" fee for all required spaces. b. Building sites where buildings will exceed a one to one gross floor area to building site area ratio shall be required to provide a minimum of twenty-five (25) percent of the required parking on-site. Scope of Investigations for Competitive Fees We began our search by contacting municipalities across Los Angeles and Orange Counties regarding their practices of in -lieu parking fees. As might be expected, many cities in the suburban areas of the counties do not have such fees, as parking is required within specific developments and not allowed to be off-site. Typically, these fees applied to densely developed urban or downtown dining/entertainment areas which provided parking in structures owned by the individual cities or county. Ultimately, adequate parking is available to the immediate area, consolidated within these structures, but whose cost of development or acquisition are offset by the imposition of the in -lieu fees. We initially contacted over 25 cities, concentrating on those cities with known fees, within beach communities, or areas with densely developed downtown or dining/entertainment districts. The results from the various cities are shown below: Manhattan Beach has $28,935 per space in designated parking districts. Persons purchase merchant parking permits at a rate of $0.90 per day. Up to five offsite spaces are allowed within 300 ft. Hermosa Beach - In -Lieu Parking Fee Page 2 File No. 06-191 /1 • • El Segundo's per space cost is $17,500 and in -lieu parking is only available in the downtown specific area. Financing options are available. Before June 2004, fees were $12,500 per space. Huntington Beach's in -lieu fee per parking space is $15,563.30 in the downtown area only. Beverly Hills per space parking fees are levied only in the business triangle area around Wilshire and Santa Monica boulevards. Rodeo Drive fees are $33,338.80 per space; Beverly Drive is $26,671; and, other locations within the triangle are set at $20,003.20 West Hollywood has an in -lieu fee of $20,000 per space for development throughout the city. Santa Monica allows in -lieu parking for office developments greater than 15,000 sf. Fees are $2.25 psf for the first 15,000 sf and 55.00 psf for areas exceeding 15,000 sf; based on this the minimum fee would be $33,750 for the first 15,000 sf of development; however, this is a one time charge and would permit the multiple spaces within that fee. Torrance has not implemented an in -lieu policy. However, merchants can buy spaces from other businesses but must be reviewed by the planning commission. The cost of entitlements is $2,400 and does not include the cost per space. Long Beach designated per space fee of $3,000. Seal Beach's in -lieu fee is $3,500 per space and applies to Main Street only. Based on these fees, we gave most consideration to the Manhattan Beach fee, similar in location and downtown flavor of the subject. We considered the El Segundo and Huntington Beach fees to be less than the subject due to the less intensive development of the downtown areas. The Beverly Hills fee was higher due to the Rodeo Drive location, but the other Triangle and Beverly Drive locational features were considered comparable to Hermosa Beach. West Hollywood's fee is similar to slightly inferior due to the lack of densely developed retail/entertainment districts. Construction Costs Many fees are typically based on the purported cost per space for construction of alternative parking structures to accommodate development in the "in -lieu parking" districts. We were unable to uncover any recent direct cost figures for garages in the various cities surveyed. Therefore we sought secondary information for developing the cost to construct a parking structure in the city of Hermosa Beach. This is based a hypothetical parking structure located within the city including costs of construction, financing and Land acquisition. The first component for construction is the estimated costs of direct construction of the building structure. The first resource we reviewed was Marshall Valuation, a nationally recognized cost manual. This provides a range of costs per space of $15,608 for average and $23,012 for high costs. This includes current and local multipliers, as well as 15% soft or indirect costs (for surveys or feasibility studies, financing costs, miscellaneous fees). RS Means Construction Cost Data is another nationally recognized cost publication. We contacted their senior editor to provide us with a cost per space. As with many cost manuals, the more accurate method to calculate the direct cost is on a per square foot basis of proposed building area. They indicated that their costs are based on actual figures and that a locally adjusted cost per space based on their national averages would be $18,364 per space including 15% or indirect costs. Finally, we reviewed a January 2004 article in The Parking Professional, prepared by Joey D. Rowland, P.E. of Carl Walker, Inc., a national parking consulting finn. His firm keeps a data base of actual construction costs for projects they have developed on a national basis. Based on the figures published in that article, adjusted for location and to current time, including 15% indirect costs would be $15,045 per space. Hermosa Beach - In -Lieu Parking Fee Page 3 File No. 06-191 • • Based on these figures, the range is from $15,045 to $23,012 per space, with an average of $18,007 per space. This provides the tools to consider actual construction of the garage, but we would need to consider the acquisition cost of land to develop this hypothetical structure. We do not have a specific site to consider for this potential garage, so we cannot provide an appraisal of land to form this basis. However, we did consider the cost for land in the Hermosa Beach area. In a separate study we conducted, we researched land sales within a five mile radius of the city for the various land use types including commercial, residential and industrial properties. We researched sales from January 2000 to the current date. Utilizing this information, including the average and median price psf for the various land uses, we estimated the cost of land in the city. These figures were weighted by their various proportions of land use within the city's General Plan. Based on this information, the weighted average price psf for land in Hermosa Beach is $101 psf. This was considered reasonable, given the high cost of residential land and the weighted proportion of 55% of the land uses in the city. We used this figure to estimate the approximate cost for the land component for a potential garage. The land acquisition would include a site and at least a three-story design. Based on this the potential cost per space for land in the city of Hermosa Beach would be $10,937 per space. This would be added to the cost figures already shown and is calculated in the following table: Source Construction Cost Land Cost Total Cost Marshall Valuation Average $15,608 $10,837 $26,445 High $23,012 $10,837 $33,849 R.S. Means $18,364 $10,837 $29,201 Carl Walker, Inc. $15,045 $10,837 $25,882 Average $18,007 $10,837 $28,844 This indicates a range of $25,882 to $33,849 per space, with an average of $28,884. It is interesting to note that these figures are generally consistent with the in -lieu fees being charged which in many cases reflect the cost to build a new parking structure. Conclusion Based on both of these studies, we have concluded with an in -lieu parking fee of $28,900 per space as appropriate for the City of Hermosa Beach. This figure considers both the cost basis, as well as competitive rates charged by other municipalities. We hope this information assists the city in its updating of existing fees. Sincerely, N •�;i • KI & ASSOCIATES JN:abl Nagasaki, MAI Hermosa Beach - In -Lieu Parking Fee Page 4 File No. 06-191 i • • CERTIFICATION AND RESTRICTION UPON DISCLOSURE AND USE I certify that, to the best of my knowledge and belief, .. The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report. I have no bias with respect to the property that is the subject of this report or to the parties involved. My compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. My engagement in this assignment was not contingent upon developing or reporting predetermined results. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice. No one provided significant professional assistance to the persons signing this letter. One (or more) of the signatories of this appraisal report is a Member (Associate or Affiliate) of the Appraisal Institute. The Bylaws and Regulations of the Institute require each Member and Associate or Affiliate to control the use and distribution of each appraisal signed by such Member or Associate or Affiliate. Therefore, except as hereinafter provided, the party for whom this report was prepared may distribute copies of this appraisal, in its entirety, to such third parties as may be selected by the party for whom this appraisal was prepared; however, selected portions of this appraisal shall not be given to third parties without the prior written consent of the signatories of this report. Further, neither all nor any part of this appraisal shall be disseminated to the general public by the use of advertising media, public relations media, news media, sales media or other media for public communication without the prior written consent of the signatories of this report. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. As of the date of this letter Jeffrey T. Nagasaki, MAI has completed the requirements of the continuing education program of the Appraisal Institute. As of the date of this letter Jeffrey T. Nagasaki, MAI (No. AG003078) has satisfied the requirements as Certified General Real Estate Appraisers, licensed by the State of California. I have inspected the property which is the subject of this report. CA# AGO Hermosa Beach - In -Lieu Parking Fee Page 5 File No. 06-191 QUALIFICATIONS OF JEFFREY T. NAGASAKI, MAI EXPERIENCE Nagasaki & Associates, 2005 to present; Principal responsible for providing a broad variety of real estate consultation and valuation services for the public and private sectors. Property rights appraised include fee simple, leased fee, and leasehold interest. Services include traditional market value studies, market rent studies, historic valuation studies, value diminution analysis, partial interests for estate planning and family limited partnerships. Assignments deal with all major property types including commercial retail and office, hotel, industrial, marina, multiple residential, acreage, residential subdivisions, and special purpose properties. He is qualified as an approved appraiser under the MAP program for the U.S. Department of Iousing and Urban Development. Mr. Nagasaki's experience includes over 28 years of appraisal experience, and he is fully competent and qualified to complete most assignments under the requirements of USPAP competency provision. Lea Associates, Inc., 1985 - 2005; Principal and Senior Vice President responsible for providing real estate appraisal and consultation services. Property types included retail, office, industrial, creative office, residential income, vacant land, and hotels. Property rights appraised include fee simple, leased fee, and leasehold interest. Security Pacific National Bank, 1978 - 1985; Assistant Vice President with responsibility for valuation of real property, proposed and existing, including retail, office, industrial, residential income units, vacant land, special purpose properties, single-family residences, condominiums, and residential subdivisions. EDUCATION Continuous participation in numerous seminars relating to real estate appraisal theory and practice. A sample of these seminars include: • Limited Appraisals and Reporting Options • Environmental Risk and the Real Estate Process • Litigation Seminar • Partial Acquisition • Easement Valuation • Shopping Centers Analysis • Impact of Detrimental Conditions • National IRS Symposium on Valuation • Case Study in Limited Partnership Valuation • Affordable Housing Projects • Marketability discounts for real estate interests • Partial interests theory and case law • Public Interest Value program • Valuation of Leases, Leasehold & Leased fees Going Concern Value and Real Property Successful completion of the following Appraisal Institute's courses and examinations: • Highest and Best Use Analysis • Standards of Professional Practice • Comprehensive Examination • Demonstration Appraisal Report • Basic Valuation Procedures • Residential Valuation • Case Studies in Real Estate Valuation • Capitalization Theory and Techniques, Part A • Capitalization Theory and Techniques, Part B • Valuation Analysis and Report Writing • Real Estate Appraisal Principles California State University, Long Beach, Bachelor of Science degree in Business Administration specializing in Real Estate Finance and Financial Management, May 1978. Hermosa Beach - In -Lieu Parking Fee Page 6 File No. 06-191 • • QUALIFICATIONS OF JEFFREY T. NAGASAKI, MAI (Cont'd) EXPERT TESTIMONY Mr. Nagasaki has qualified as an expert witness in real estate matters and has testified before: • Los Angeles County Superior Court • Riverside County Superior Court • San Bernardino County Superior Court • Orange County Superior Court Further, he has appeared in binding and non-binding arbitration hearings as an expert witness in real estate valuation. ASSOCIATIONS Member of the Appraisal Institute, with an MAI Designation Certified General Real Estate Appraiser - AG003078, State of California Institute of Real Estate Management (IREM) - Associate Member Hermosa Beach - In -Lieu Parking Fee Page 7 File No. 06-191 • • RESOLUTION 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH SETTII1G A REVISED FEE IN LIEU OF PROVIDING REQUIRED PARKING SPACES IN ACCORDANCE WITH THE HERMOSA BEACH MUNICIPAL CODE The City Council of the City of Hermosa Beach does hereby resolve as follows: Section 1. Section 17.44.040 of the Hermosa Beach Municipal Code provides that a fee in lieu of providing required parking spaces shall be set by the City Council. Section 2. A City -commissioned study carried out by a qualified real estate consulting firm, Nagasaki & Associates, determined that an increase in the existing in -lieu parking fee to $28,900 per parking space is necessary because that is the cost to construct new parking in lieu of providing parking spaces onsite by a development. Section 2. The City Council, pursuant to applicable law, held a duly noticed hearing on August 8, 2006 to consider the proposed increase in the fee amount. Section 3. Based on the foregoing, the City Council hereby: 1. Sets the fee amount to be paid in lieu of providing onsite parking spaces at $28,900 for each required space not provided for in a project; and 2. Directs that all collected fees and interest shall be placed in a Downtown Enhancement Fund to build and operate public parking; and 3. Repeals previous fee Resolution 99-6001. PASSED, APPROVED, and ADOPTED this 8th day of August, 2006. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California AT TEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY f 1 • July 31, 2006 Honorable Chairman Mayor and Members Regular Meeting of of the Hermosa Beach City Council August 8, 2006 SUBJECT: TEXT AMENDMENT 06-1— LARGE DAY SPAS c„ 7 -\arj Planning Commission Recommendation: That the City Council adopt the attached ordinance amending Chapter 17.26 to add large day spas with greater than 3,000 square feet of gross floor area as a conditionally permitted use. Background: Large day spas have become a more popular commercial use in the city. These spas typically have greater than 3,000 square feet of floor area and offer a combination of non—medical personal services that includes nail, skin, or hair care treatment, and massage therapy. The businesses also provide relaxation rooms, spa tubs, and elaborate bath facilities to enhance customer experience. There are currently three businesses offering these services; Trilogy Spa opened in 1996, located in the commercial building at 1301 Manhattan Avenue; Tropical Waters Spa in the Plaza Hermosa and most recently Glen Ivy Spa in the Hermosa Pavilion. These uses are not currently subject to a Conditional Use Permit and have been approved as beauty shops permitted by right in the commercial zone. In addition, they are not regulated as message therapy businesses because less than 25% of their floor area is used for massage therapy. All of these businesses have similarities to beauty shops but are distinguished from them by size (all have more than 3,000 sq. ft. of gross floor area), the number and types of services they offer and the use of spas tubs and relaxation rooms. The Zoning Ordinance does not specifically regulate large day spa uses. A day spa is generally considered to be part beauty shop and part message therapy business. The Zoning Ordinance does, however, regulate massage therapy and permits beauty shops by right, as follows: Massage Therapy Business - is defined in Chapter 17.04', and is permitted only with a C.U.P. when it is exclusively massage use, or part of a business with more than 25% of the floor area dedicated to massage therapy as defined. Parking is required at the retail -parking ratio of 1 space per 250 sq. ft. of gross floor area. Beauty Shop- Beauty or barber shop uses are allowed as permitted uses in the commercial zone with parking required at a retail parking ratio of 1 space per 250 sq. ft. of gross floor area. Analysis: Large day spas do not typically create nuisance conditions that require special regulation beyond the current requirements of the Municipal Code. The above businesses have not created security problems and there is no evidence that they have contributed to or will cause any significant traffic or parking problems in the buildings or shopping centers where they are located. However, there is a potential that larger spas could potentially impact the community relative to parking and traffic if they were not located in shopping centers with ample parking. For example, if a spa use contains 5000 sq. ft. of floor area it requires 20 parking spaces. Commercial properties large enough to accommodate 20 spaces of surface parking are rare in the city." If such uses are not adequately parked the customer parking may spill over into the surrounding neighborhood. The Glen Ivey Day Spa has validated two- hour free parking and has not contributed to neighborhood parking problems. The shared parking analysis for the Hermosa Pavilion indicates that during peak parking periods the garage more than accommodates building parking demand. 5b • • Larger day spas that include massage therapy are typically not regulated with a CUP since the message therapy portion of the business occupies less than 25% of the area of the establishment as defined under Section 5.74.010.' In January 2006, Planning Commission considered the potential adverse impacts of large day spa facilities to neighborhoods and recommended adding it as a conditionally permitted use in the C-2 and C-3 zone. This will allow a review of floor plans by the Commission, and imposing conditions deemed necessary to regulate business operations and development standards on a case by case basis.'" Concur: Steph City ' nager AiniaMiLLA Sol Blumeni-ld, 1 irector Community b evelopment 1 Massage Therapy Business" means an establishment offering massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state as part of a medical clinic. This definition excludes a gymnasium/health and fitness center, school, barber/beauty shop, or similar establishment where massage or similar manipulation of the human body is offered by an individual as an incidental or accessory service and does not occupy more than 25% of the area of the establishment. This definition also specifically excludes Adult Massage as defined in Section 17.04.060. " 20 parlcing spaces require a minimum of 6,000 sq. ft. for on grade parking and the combined land area for both the building and parking is 11,000 sq. ft. (5,000 sq. ft. building area and 6,000 sq. ft. of parking area). The existing large spa facilities in the city are part of shopping centers or part of a multi -use complex which have a significant amount of surface or structured parking. For example, a spa with 10,000 sq. ft. of floor area could have up to 2,500 sq. ft. of floor area devoted to message therapy. Smaller facilities (less than 3,000 square feet) offering similar services will continue to be considered a beauty shop, and permitted by right in the zone. Attachment: 1: Ordinance 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • • ORDINANCE 06 - AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TO ADD LARGE DAY SPAS AS A CONDITIONALLY PERMITTED USE IN THE C-2 AND C-3 ZONES AND TO ADD LARGE DAY SPA FACILITIES IN THE USE DEFINITION IN CHAPTER 17.04. The City Council of the City of Hermosa Beach does hereby ordain as follows: Section 1. The Planning Commission held a duly noticed public hearing on January 17, 2006, to consider adopting an ordinance adding a new definition in Chapter 17.04 and amending Section 17.26.030 of the Hermosa Beach Municipal Code to regulate large day spa facilities with greater than 3,000 square feet of gross floor area. Section 2. The City Council conducted a duly noticed public hearing on August 8, 2006, to consider the recommendation of the Planning Commission to approve adding large day spa facilities as a conditionally permitted use in the C-2 and C-3 zones and to add the definition of large day spa in Chapter 17.04, at which testimony and evidence, both written and oral, was presented to and considered by the Council. Section 3. The subject text amendment is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to the general rule set forth in Section 15061(3) of the CEQA Guidelines, as there is no possibility that these modifications to the zoning ordinance may have a significant effect on the environment. Section 4. Based on the evidence considered at the public hearing and the recommendation of the Planning Commission the City Council hereby ordains that Hermosa Beach Municipal Code, Title 17 -Zoning, Chapter 17.04, Section 17.04.050 be amended to add the following to commercial land use definitions: t 1. "Large Day Spa. An establishment that consists of more than 3,000 square feet of gross floor area, that offers a combination of non-medical personal services that may include hair, nail and skin care treatment or other services typically found in a beauty shop, and also massage therapy and similar treatment of the human body, and may also include spa tubs, pools, steam rooms, saunas or other related accessory facilities and uses. If massage therapy occupies more than 25% of the gross floor area of the establishment the business shall be subject to requirements of massage therapy business pursuant to Chapter 5.74 of the Municipal Code." Section 5. Amend the land use matrix under Chapter 17.26, Land Use Regulations to add i Use C-1 C-2 C-3 See Section Large Day Spa - U U 17.04.040 1 1 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 • 19 20 21 22 23 24 25 26 27 28 29 • 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. 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 this day of , 2006, by the following vote: AYES: NOES: ABSTAIN: ABSENT: PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 2 • • 0 6‘�Cv /38 - /5 2-, July 26, 2006 Honorable Mayor and 1Vlembers of the Regular Meeting of Hermosa Beach City Council August 8, 2006 SUBJECT: PROGRESS REPORT ON NUISANCE ABATEMENT ORDER - 1811 MANHATTAN AVENUE (RESOLUTION NO. 06-6459) AND I, 138 15` STREET (RESOLUTION NO. 06-6467)- P 6 Recommendation: rD That the City Council: jp v) I 1. Proceed with nuisance abatement at 1811 Manhattan Avenue./ - 2 venue2. Approve the amended resolution allowing the owner of 138 1s1 Street to demolish the front unit and rehabilitate the rear unit. Background: (04-0(L On May 23, 2006, the City Council adopted Resolution Nos. 06 --64"59 and No. 06-6467 ordering the abatement of the subject properties. The resolutions required demolition of the structures, abatement of rodents and asbestos, property clearing and fencing the lots by August 23, 2006. Analysis: 1811 Manhattan Avenue Staff has been working to ensure compliance by the owner, Steven Tack. Since the hearing, staff has communicated with the owner by letter and telephone, (four letters and three telephone conversations), and has visited the site on three occasions to document conditions. (Chronology and copies of correspondence and photos attached.) The owner has made little progress in the matter, his efforts primarily limited to the removal of some trash and debris from the property. He has not submitted the required vermin and asbestos reports, and insists that there are no rodents or asbestos problems. 138 1st Street Staff has been working to ensure compliance by the owner, Stephen Landau. Since the hearing, Mr. Landau has submitted the required documents (asbestos report and disposal manifest) to obtain a demolition permit for the front (north) unit, has had his preliminary plot plan reviewed for demolition, and is now requesting permission to process plans to renovate the rear unit. A demolition permit was issued on 7/25/06. (Chronology and copies of letters and photos attached.) Renovation of the rear unit is possible providing the owner addresses the issues cited in the property analysis prepared by the City's engineering consultant, Mel Green & Associates. The required work includes replacement and repair of portions of the floor and roof and replacement and repair of wall framing due to termite damage. It is also necessary to repair the damaged electrical, plumbing and heating systems. • • Conclusions: In summary, staff believes that the owner at 1811 Manhattan Avenue is unwilling to proceed with the abatement of nuisance conditions at his property and that the city must mobilize its own forces to carry out the abatement. The owner at 138 1St Street has demonstrated his willingness to comply with the City's abatement order and has presented an alternative to carry out the intent of Resolution No. .96-6467. The amended resolution provides a 90 day deadline for compliance; 30 days from the date of resolution approval for plan submittal to renovate the rear unit, 30 days 'thereafter for permit issuance and 30 days to complete all required repairs. Sol Blumenf Community Concur: Id, l+irector evelopment Ste Cit anger Attachments: 1. Resolution Nos. 06-6459 and 06-6467 2. Amended Resolution No. 06-6467 3. Project Chronology 4. Correspondence 5. Photos 6. Engineering Reports P:/AbatementRpts • • RESOLUTION NO. 06 - AN AMENDMENT TO RESOLUTION NO. 06-6467 OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE ABATEMENT OF NUISANCE VIOLATIONS AT THE PROPERTY LOCATED AT 138 FIRST STREET THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HERBY RESOLVE AS FOLLOWS: SECTION 1. On May 23, 2006, following a duly noticed hearing the City Council adopted Resolution No. 06-6467, ordering the demolition of the structures on the property located at 138 First Street after finding substantial evidence to support the conclusion that the condition of the structures and the property constitutes a public nuisance within the meaning of the Hermosa Beach Municipal Code. SECTION 2. The owner has now requested that the City consider allowing him to rehabilitate, rather than demolish, the rear (south) unit in accordance with the findings and recommendations of the City's engineering consultant, Mel Green & Associates. The Council finds that it is feasible for the owner to rehabilitate the rear unit. Hence, the City Council is willing to modify its previous nuisance abatement order and permit the rehabilitation of the rear (south) unit on the property providing: 1. The owner submits all required plans and documents to obtain permits to rehabilitate the rear structure no later than 30 (thirty) days from the date of the this resolution. 2. The owner obtains a building permit for renovation of the rear structure no later than 60 (sixty) days from the date of this resolution. 3. The rehabilitation of the rear unit shall be completed no later than 90 (ninety) days from the date of this resolution. SECTION 3. Except as modified in Section 2 above, the provisions of Resolution No. 06-6467 remain in full force and effect. The City Council directs the City Attorney to take the necessary steps to secure an abatement warrant to implement Resolution No. 06-6467 as regards the front (north) unit if the required abatement is not performed by the owner, and further, to do the same as regards the rear (south) unit if the requirements of Section 2 are not fully satisfied, all pursuant to the abatement procedures outlined in Section 8.28.070 of the Hermosa Beach Municipal Code, and to record a lien on the property as may be necessary for the City to recover its costs of abatement. PASSED, APPROVED AND ADOPTED this day of August, 2006. Mayor Attest: City Clerk s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 06-607 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 THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. State and City statutes provide for the abatement of structures and properties determined to be a public nuisance. SECTION 2. Chapter 8.28 of the Hermosa Beach Municipal Code contains provisions allowing the City Council to conduct a public hearing and order the abatement of the public nuisances at the subject property. SECTION 3. The City Council has reviewed written and photographic evidence of Substandard conditions on the property at 138 First Street, Hermosa Beach, and determined that there is sufficient evidence of a public nuisance on the property to order the abatement of said property due to: 1. Property has been abandoned and left in disrepair for several years 2 Property is not properly fenced or secured from intruders 3. Peeling paint 4. Deteriorated wood sheathing 5. Deteriorated and missing roofing materials 6. The structure on the property is an eyesore 7. Greater than 75% of the building is in need of repair SECTION 4. Based on the foregoing, the City Council hereby orders the demolition, control of vermin, lot clearing and fencing to be completed no later than August 23, 2006. Furthermore, the City Council directs the City Attorney to take the necessary steps to attach the 1 06-6467 2 3 4 5 6 7 8 9 10 11 12 ! S property for abatement and administrative costs, pursuant to the abatement procedures outlined in Section 8.28-070 of the Hermosa Beach Municipal Code. PASSED, APPROVED and ADOPTED this 23rd day of May 2006. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: 16 17 18 19 20 21 22 23 24 25 26 27 28 APPROVED AS TO FORM: 06-6467 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Resolution No. 06-6467 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a Regular Meeting of said Council at the regular place thereof on May 23, 2006. The vote was as follows: AYES: Edgerton, Reviczky, Mayor Tucker NOES: None ABSTAIN: None ABSENT: Keegan Dated: June 13, 2006 I. oerfling, City Clerk 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 • • RESOLUTION NO. 06-6459 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING A PUBLIC HEARING TO DETERMINE IF THE PROPERTY AT 1811 MANHATTAN AVENUE CONSTITUTES A PUBLIC NUISANCE The City Council of the City of Hermosa Beach, California, does hereby resolve as follows: SECTION 1. State and City statutes provide for the abatement of structures and properties determined to be a public nuisance. SECTION 2. Chapter 8.28 of the Hermosa Beach Municipal Code contains provisions allowing the City Council to conduct a public hearing to determine whether a public nuisance exists on a property and whether proceedings to abate the nuisance should be initiated. SECTION 3. The City Council has reviewed written and photographic evidence of substandard conditions on the property at 1811 Manhattan Avenue, Hermosa Beach, and determined that there is sufficient evidence of a public nuisance on the property to set a public hearing to determine if abatement proceedings should be initiated. SECTION 4. Based on the foregoing, the City Council hereby sets a public hearing for May 23, 2006 to determine if the above -reference property constitutes a public nuisance, and directs the City Clerk to advertise the hearing and to notify thereof the property owner and all owners within 300 feet of the subject property, pursuant to the abatement procedures outlined in Section 8.28.070 of the Hermosa Beach Municipal Code. - PASSED, APPROVE nd ADOPTED this 25th day of April 2006. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California 24 25 ATTEST: 26 27 • 28 City Clerk • • STA 1E OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Resolution No. 06-6459 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a Regular Meeting of said Council at the regular place thereof on April 25, 2006. The vote was as follows: AYES: Edgerton, Keegan, Reviczky, Mayor Tucker NOES: None ABSTAIN: None ABSENT: None Dated: April 27, 2006 Elaine Doerfling, City Cl CHRONOLOGY OF PROGRESS MADE BY STEPHEN LANDAU, 138 1ST STREET — SINCE APRIL 3, 2006 Robert Rollins July 24, 2006 4/3/06 — Rollins sends regular and certified letters to owner regarding the City Council meeting scheduled for April 25, 2006. 4/24/06 — Mr. Landau submits an asbestos report. APRIL 25, 2006 CITY COUNCIL HEARING ON NUISANCE ABATEMENT 5/2/06 — Property is posted with notice of City Council Abatement hearing results from April 25, 2006, and certified letter is sent to owner. Letter is returned as undeliverable. 5/22/06 — Rollins speaks with Mr. Landau by phone, informs him that the asbestos report has been accepted. Mr. Landau states that he should be able to start the abatement in a week. MAY 23, 2006 — CITY COUNCIL DECIDES TO GO FORWARD WITH NUISANCE ABATEMENT, SETS DEADLINE OF AUGUST 23, 2006. 6/13/06 — Rollins sees Mr. Landau at the property and stops to chat. Mr. Landau says he should have his asbestos abatement begin in a couple of weeks. 6/27/06 — Rollins sends Mr. Landau letter expressing concern over the lack of progress and reminding him of the August deadline. 7/6/06 — Rollins phones Mr. Landau at both phone numbers of record, no answer or voice mail on either line. That afternoon, Mr. Landau comes to the counter with asbestos abatement report and processes papers to demo the front duplex. He does not have the valuation of works and says he will return the next week to finish the paperwork and pay for the permit. 7/11/06 — Rollins sends Mr. Landau a letter documenting the conversation they had regarding his desire to restore the back unit and demolish the front. He also notes steps that need to be taken and urges speedy action. 7/12/06 — Rollins sends Mr. Landau a letter requesting a detailed letter of intent regarding his plans for the property. 7/24/06 — Mr. Landau submits a letter of intent to rehabilitate the rear unit on the property. He specifies seven steps, but submits no plans or drawings. • • 7/25/06 — Rollins sends letter acknowledging receipt of his letter and requesting plans for the rehabilitation of the rear unit. The letter also urges all speed for the project. Same day, Mr. Landau phones to say he intends to obtain the demolition permit that afternoon. Rollins tells him that he has received his letter and asks for a plot plan. Mr. Landau says he will bring the plot plan with him that afternoon. Same date — Mr. Landau comes to office, obtains demolition permit for the north unit. Rollins and Zak review his plot plan and advise him of what is needed for the submittal to renovate the south unit. Mr. Landau says he will submit the revised plan later this week. July 25, 2006 • • City of 2lermosa rl3eacly Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 VIA REGULAR AND CERTIFIED MAIL Mr. Stephen Landau 632 Poinsettia Place Los Angeles, CA 90036 Subject: Nuisance Abatement of your Property Located at 138 1st Street Hermosa Beach, California 90254, APN #4188-014-046. Dear Mr. Landau: Per Hermosa Beach City Council resolution 06-6467, passed May 23, 2006 (copy enclosed) "Section 4. Based on the foregoing, the City Council hereby orders the demolition, control of vermin, lot clearing and fencing to be completed no later than August 23, 2006. As we discussed at my office on July 6, 2006, the Community Development Department is ready to issue the demolition permit as soon as you file your completed application and pay the permit fees. We have received your letter of intent regarding the rehabilitation of the rear unit, and urge you to submit plans for the project as soon as possible so we can issue the permit. I am preparing a staff report on the progress of your efforts for the August 8, 2006 Council meeting. Please proceed with the above without delay. If you have any questions, I can be reached at (310) 318-0235 Monday through Thursday between 7:00 a.m. and 6:00 p.m. Respectfully, Wp6ertJ fns Robert J. Rollins Code Enforcement Officer cc: Sol Blumenfeld, Director, Community Development Department • • STEPHEN J. LANDAU 632 North Poinsettia Place Los Angeles, California 90036 (323) 936- 4166 936-0844 July 24, 2006 City of Hermosa Beach Civic Center 1315 Valley Drive Hermosa Beach, California 90254-3885 Attention: Robert J. Rollins Code Enforcement Officer Re: 138 First Street, Hermosa Beach, California 90254 APN #4188-014-046 Dear Mr. Rollins: JUL 2 Al 2C .;;QA.); : i.: DEP F We have previously discussed my plans to demolish the front unit and repair the back unit as recommended by Mr. Mel Green. To this end, I have received proposals from several contractors to do the required work. The rear unit is constructed with a slab floor and exposed beam ceiling. Some have suggested that the unit is a converted garage. It is very understandable that one might draw this conclusion. However, I know the history of the rear unit and it was originally built as a housing unit. However, the real point is that it is very simple construction and, therefore, easily repaired. With respect to the rear unit, I plan to have the following work done: 1. Replace door between garage and living room with solid core door and automatic closer; 2. Replace damaged wood, 3. Install new electric service; 5 • City of Hermosa Beach Page 2 July 24, 2006 4. Finish north wall; 5. Repair roof, 6. Install new water line and water heater; and 7. Install space heater (furnace). If you have any other suggestions, please let me know. Very truly yours, feX • STEPHEN J. LANDAU SJL/sjg • • City of2-lermosa lr3eacL) Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 July 12, 2006 #03-14 Mr. Stephen Landau 632 Poinsettia Place Los Angeles, CA 90036 Subject: Nuisance Abatement of your Property Located at 138 1St Street Hermosa Beach, California 90254, APN #4188-014-046. Dear Mr. Landau: As you have indicated that you intend to demolish the front (north) unit and repair and/or possibly enhance the rear (south) unit, it would greatly enhance your case to detail said plans in a formal letter of intent describing exactly what your intentions are. In any event, you are encouraged to proceed with all speed possible, as the deadline is fast approaching. If you have any questions, I can be reached at (310) 318-0235 Monday through Thursday between 7:00 a.m. and 6:00 p.m. Respectfully, Rp6ert 5. &fans Robert J. Rollins Code Enforcement Officer cc: Sol Blumenfeld, Director, Community Development Department • • City of Hermosa Teacjv Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 July 11, 2006 #03-14 Mr. Stephen Landau 632 Poinsettia Place Los Angeles, CA 90036 Subject: Nuisance Abatement of your Property Located at 138 1St Street Hermosa Beach, California 90254, APN #4188-014-046. Dear Mr. Landau: As we discussed at the counter last Thursday, July 6, we have accepted your asbestos report and are ready to issue the demolition permit as soon as you complete the permit application and pay the permit fee. You indicated that you intend to demolish the front (north) unit and repair and/or possibly enhance the rear (south) unit. As I informed you, the City Council has ordered the demolition of both units, and your decision may or may not be acceptable. If you have demolished the front unit and submitted plans to rehabilitate the rear unit by August 3, 2006, the council may consider modifying their decision, but there is no guarantee of this. In any event, you are encouraged to proceed with all speed possible, as the deadline is fast approaching. If you have any questions, I can be reached at (310) 318-0235 Monday through Thursday between 7:00 a.m. and 6:00 p.m. Respectfully, Rp6ert1ns Robert J. Rollins Code Enforcement Officer cc: Sol Blumenfeld, Director, Community Development Department June 27, 2006 Mr. Stephen Landau 632 Poinsettia Place Los Angeles, CA 90036 • • City of alermosarl3each.) Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 #03-14 Subject: Nuisance Abatement of your Property Located at 138 1st Street Hermosa Beach, California 90254, APN #4188-014-046. Dear Mr. Landau: Per the direction of the City Council, you have been ordered to abate the nuisance conditions on your property by August 23, 2006. As we discussed on your property two weeks ago, we have accepted your asbestos report and are ready to issue your demolition permit as soon as the asbestos abatement work is completed and a manifest is provided. We are concerned by the lack of progress in this matter and encourage you to proceed without delay. If you have any questions, I can be reached at (310) 318-0235 Monday through Thursday between 7:00 a.m. and 6:00 p.m. Respectfully, Rp6ert 9 W9Clins Robert J. Rollins Code Enforcement Officer cc: Sol Blumenfeld, Director, Community Development Department • • Code Enforcement Inspection 138 1St Street, Hermosa Beach Date of Inspection: June 21, 2005 Personnel: Melvyn Green, SE Loretta Duvall, PE Elizabeth Green, Bldg Code Tech Code Basis: 1997 Uniform Housing Code Chapter 10 — Substandard Buildings 1001.1 — Substandard Generally 1001.2 — Inadequate Sanitation No kitchen sink Lack of hot water Lack of heating — questionable heating and venting/vent pipe and flue Dampness due to roof leak General dilapidation 1001.3 Structural Deteriorated flooring, floors sheathing and floor supports Deteriorated ceiling joists and roof rafters. Temporary shoring in place. Possibly no beam over opening where shoring is in place. 1001.5 Electrical — Electrical panel damaged 1001.8 — Faulty Weather Protection Loose and deteriorated plaster Damaged waterproofing on exterior walls and roof Deteriorated, broken, rotted wall and roof coverings 1001.9 — Fire Hazard Combustibles, mounds of clothing, etc. on top of furniture Lack of solid core door with closer between garage and dwelling unit 2 1001.11 — Hazardous, unsanitary conditions 1001.13- Fire Protection Lack of smoke detectors Code Enforcement Inspection 6-21-05 1 November 10, 2005 • • Recommendation The extent of the termite and water damage to the front building is significant. To repair the structure almost one-half of the roof and floor would have to be removed and reconstructed. An entire new electrical system is required. The cost for such work would be more than rebuilding. It is recommended that the structure be removed. The rear building is in a condition that may permit rehabilitation. There is deterioration in the structure including termite damage, electrical system needs and a new roof. It is recommended that the building be demolished or repaired in conformance to the standards of the Housing Code. Code Enforcement Inspection 6-21-05 2 November 10, 2005 • • CHRONOLOGY OF PROGRESS AT 1811 MANHATTAN AVENUE, OWNED BY STEVEN TACK SINCE APRIL 3, 2006 Robert Rollins July 24, 2006 4/3/06 — Rollins posts notices on the property and sends regular and certified letters to owner regarding the City Council meeting scheduled for April 25, 2006. APRIL 25, 2006 CITY COUNCIL HEARING ON NUISANCE ABATEMENT 5/2/06 — Property is posted with notice of City Council Abatement hearing results from April 25, 2006, and certified letter is sent to owner. 5/18/06 — Rollins speaks with Mr. Tack by phone, informs him that the city is moving forward with the abatement procedure. MAY 23, 2006 — CITY COUNCIL DECIDES TO GO FORWARD WITH NUISANCE ABATEMENT, SETS DEADLINE OF AUGUST 23, 2006. 5/30/06 — Rollins sends letter commemorating phone conversation of that day informing him that he needs both rodent and asbestos abatements. 6/27/06 — Rollins sends Mr. Tack a letter expressing concern over the lack of progress and reminding him of the August deadline. 7/6/06 — Rollins calls Mr. Tack, who says that he should have his architects plans soon. Rollins asks about asbestos and rodent abatement. Mr. Tack replies that there is no asbestos or rodents on the property. Rollins informs him that the City Council requires those abatement reports before we can issue the demo permit. Mr. Tack says he is making progress and it will all work out. 7/11/06 — Rollins photographs back yard of property notes little progress and sends Mr. Tack a letter listing required progress and urging that action be taken. 7/20/06 Same date that Rollins takes photos of the yard (copies attached) Mr. Tack leaves voice mail indicating that the yard work is 75% done and that he is right on schedule. 7/25/06 — Rollins sends letter stressing the mandate to demolish and urging speedy action. July 24, 2006 • City of 2-lermosaTeaclL Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 VIA REGULAR AND CERTIFIED MAIL Mr. Steven Tack PO Box 639 Hermosa Beach, CA 90254 Subject: Nuisance Abatement against your Property Located at 1811 Manhattan Avenue, Hermosa Beach, California 90254, APN #4183-009-021. Dear Mr. Tack: Per my letters of May 30, June 27, and July 11, 2006, the Hermosa Beach City Council requires you to abate the nuisance on your property by August 23, 2006. As per Council resolution number 06-6466 (copy enclosed), "Section 4. Based on the foregoing, the City Council hereby orders the demolition, control of vermin, lot clearing and fencing to be completed no later than August 23, 2006." I received your phone message of July 20, 2006, in which you claimed to be making progress. Although you have assured me that there are no pests/rodents or asbestos on your property, the City requires property demolition and reports from licensed contractors verifying asbestos and rodent abatement. While cleaning the yard is a valid effort, you have yet to submit any of the required documents. I am preparing a staff report for the Council meeting of August 8, 2006, and must report the lack of significant progress. You are urged to submit the required documents to obtain the demolition permit without delay so you can proceed with the demolition. If you have any questions, I can be reached at (310) 318-0235 Monday through Thursday between 7:00 a.m. and 6:00 p.m. Respectfully, Robert I. Rollins Robert J. Rollins Code Enforcement Officer cc: Sol Blumenfeld, Director, Community Development Department July 11, 2006 • • Citi of`�iermosa rl3each� Mr. Steven Tack PO Box 639 Hermosa Beach, CA 90254 Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 Subject: Nuisance Abatement against your Property Located at 1811 Manhattan Avenue, Hermosa Beach, California 90254, APN #4183-009-021. Dear Mr. Tack: Per my letter of June 27, 2006, you are required to abate the nuisance on your property by August 23, 2006. As per the City Council resolution, you need to provide the City with a copy of a licensed pest/rodent company invoice for the elimination of any vermin on the property, and an asbestos report from a licensed environmental company prior to our issuing a demolition permit. In our telephone conversations in the past few weeks, you have assured me that you are working to clean the back yard. I stopped by this morning and noted very little progress. Also, you have yet to submit any of the required documents. We urge you to proceed without delay. If you have any questions, I can be reached at (310) 318-0235 Monday through Thursday between 7:00 a.m. and 6:00 p.m. Respectfully, Robert I. Rollins Robert J. Rollins Code Enforcement Officer cc: Sol Blumenfeld, Director, Community Development Department June 27, 2006 • Citi of .2iermosaTeaclt.) Mr. Steven Tack PO Box 639 Hermosa Beach, CA 90254 Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 Subject: Nuisance Abatement against your Property Located at 1811 Manhattan Avenue, Hermosa Beach, California 90254, APN #4183-009-021. Dear Mr. Tack: Per the direction of the City Council, you are required to abate the nuisance on your property by August 23, 2006. As we discussed on the phone last week, you need to provide the City with a copy of a licensed pest/rodent company invoice for the elimination of any vermin on the property. You also need to provide us with an asbestos report from a licensed environmental company prior to our issuing a demolition permit. We are concerned with the lack of progress in this matter, and encourage you to proceed without delay. If you have any questions, I can be reached at (310) 318-0235 Monday through Thursday between 7:00 a.m. and 6:00 p.m. Respectfully, Robert J. RoOCins Robert J. Rollins Code Enforcement Officer cc: Sol Blumenfeld, Director, Community Development Department May 30, 2006 • • City of 2IermosaTeack_ Mr. Steven N. Tack PO Box 639 Hermosa Beach, CA 90254 Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 Subject: Rodent abatement required prior to issuance of a demolition permit for your Property Located at 1811 Manhattan Avenue, Hermosa Beach, California 90254, APN #4183-009-021. Dear Mr. Tack: Per our telephone conversation today, the City requires that you produce a report from a licensed pest control company that shows that either there are no rodents to be removed from your property, or that rodents have been removed from your property prior to the City issuing a demolition permit. Also required are the standard asbestos testing and abatement reports. During our conversation, you repeatedly referred to pictures of rats on your property. I have never seen a rat on your property nor taken a photo of a rat on your property. I do not know the source of any photos of rats on your property. As per the decision of the City Council, you have until August 23, 2006, to complete the demolition. It is advised that you begin to get the required rodent and asbestos reports as soon as possible. If you have any questions, I can be reached at (310) 318-0235 Monday through Thursday between 7:00 a.m. and 6:00 p.m. Respectfully, Robert I. Rollins Robert J. Rollins Code Enforcement Officer July 11, 2006 - Rear of 1811 Manhattan is still overgrown and cluttered with debris. ,4;. 1 • July 20, 2006 — 1811 Manhattan Av — Little change since Council meeting of April 23, 2006. • • Code Enforcement Inspection 1811 Manhattan Avenue, Hermosa Beach June 21, 2005 Personnel: Melvyn Green, SE Loretta Duvall, PE Elizabeth Green, Bldg Code Tech Code Basis: 1997 Uniform Housing Code Chapter 10 — Substandard Buildings Fire damaged building 1001.1 — Substandard Generally 1001.2 — Inadequate Sanitation General dilapidation 1001.3 Structural South wall has studs, cripple studs, plates. Wall could hinge and buckle. Floor cracked and possible structural issue 1001.4 — Nuisance — Possible attractive nuisances with back yard debris. 1001.5 - Electrical — Loose wiring 1001.8 — Faulty Weather Protection Damaged waterproofing on exterior walls and roof Deteriorated, broken, rotted wall and roof coverings Broken window 1001.11 — Hazardous, unsanitary conditions Back yard trash, garbage, vegetation, weeds, site for vermin Neighbors report major jump in rat and mice population 1001.13- Fire Protection Smoke detectors may be missing. Recommendation The major portion of the fire damaged building has been demolished. However all the debris remains on the site creating a harbor for vermin and a potential health issue. It is recommended that the area be cleaned and all openings into the house and its underside be secured or that the entire house be demolished. Code Enforcement Inspection 6-21-05 3 July 11, 2005 • Sol Blumenfeld From: Rick Koenig [rIkoenig@adelphia.net] Sent: Tuesday, August 08, 2006 7:50 AM To: 'Rick Koenig'; michael@manhaftanbread.com; samedgerton@aol.com; peter@electpetertucker.com; pbobko@rwglaw.com; jbrhbcc@aol.com; Steve Burrell; Sol Blumenfeld C.0 Li II - Subject: RE: Request from the neighbors of 1811 Manhattan Avenue Dear HB City Council, Page 1 of 5 I am writing this email in regards to tonight's City Council Agenda which I am not able to attend due to a prior commitment. Regarding: Municipal Matter # 6a "Progress report on nuisance abatement order — 1811 Manhattan Ave". Logic would dictate that Mr. Tack (the property owner) will be present to request a stay of demolition. Over the last several years Mr. Tack has promised that he had plans and permits in hand and was "days away" from demolition. These statements obviously had no merit. Below and attached in this email are pictures taken by me this morning (08-08-06) at 7 am. As you can see the property is and has been for 8+ years a mess and a hazard. According to my frustrated and vermin inundated neighbors, there was "some hammering going on" yesterday (8-7-06). No new work was evident on the exterior or the yard areas. On behalf of me and my neighborhood please take a No Tolerance position on this issue. The Council's pre -decided deadline for demolition is August 23, 2006 and we (the neighborhood) are all counting down the days. Thank You In Advance for your attention to this matter. Richard Koenig, Et al. SUPPLEMENTAL 6a INFORMATION 8/8/2006 • • Dr. Steven N. Tack PO Box 639 1811 Manhattan Avenue Hermosa Beach, CA 90254 310 374-6776 / E -Mail: ezmed3@verizon.net 8/3/2006 To: Robert Rollins Code Enforcement City of FIB Phone: (310) 318-0235 Re: 1811 Manhattan Avenue #4183-009-021 "Nuisance" Abatement Progress Dear Mr. Rollins: This letter is to review the progress since I last spoke with you.. The 2nd backyard was the only possible source of rodents and it is totally clear. All other areas are clear except for a few things in the 1St backyard. They should be clear by next week. A note from an exterminator and an asbestos person is being worked on. I hope to have them by 08/23/06. ** I WOULD LIKE TO HAVE AN EXTENSION ON THE DEMO UNTIL 10/01/06. I am not ready to demo my house. A couple things are not completed, but I've made the needed contacts and should be read o in. A proper exam of the house will show that very stable and of minimal risk to anyone. Respec Ily, Ste N. Tack, D.P.M. SUPPLEMENTAL INFORMATION 6a f • July 27, 2006 &ct tviz Y/V06 Honorable Mayor and IVlembers of the Regular Meeting of Hermosa Beach City Council August 8, 2006 SUBJECT: REVISION TO LOT MERGER ORDINANCE Recommendation: That the City Council review the issues outlined in the staff report and provide direction related to: 1. Intent of the Lot Merger Ordinance. 2. Criteria for merging lots. 3. Procedures for merging lots 4. Setting a date to review draft revisions to the Lot Merger Ordinance. Background: A citywide lot merger program was completed 17 years ago following adoption of the Lot Merger Ordinance in 1986. The City examined hundreds of lots and conducted hearings in accordance with the Ordinance. All lots surveyed were either deemed separately developable by the Commission and City Council, or were subject to merger. 1,100 lots were eventually merged into 500 parcels with a list of the merged lots presented to the Planning Commission on May 16, 1989. At the conclusion of this program, the lot merger ordinance was never repealed. Consequently, any lots that qualify for merger are still subject to lot merger requirements that governed during the citywide process described above. Based on the City Attorney's advice in 2005, in view of the fact that the lot merger ordinance is still a part of the Municipal Code, staff has been processing lot mergers for properties that may qualify for lot merger on a case by case basis, for referral to the Planning Commission pursuant to the Ordinance. Analysis:, The purpose of the present agenda item is to obtain policy direction on clarifying, revising and implementing the Ordinance. When two or more lots merge, they become a single parcel to be developed, sold, leased, or financed as one . Sections 16.20.020 and 16.20.030 allow lots to be merged if: 1) the same owner holds two or more contiguous parcels, 2) the lots are substandard in area (less than 4,000 square feet in area) 3) the main structure straddles the contiguous parcels and 4) not more than 80% of the lots on the same block have been split and developed separately. (Please see attached Ordinance for the exact language). Summary of Citywide Survey of Potential Lot Mergers The following summarizes staff's recent citywide survey of the number of lots that may potentially be merged under the Ordinance as it exists today: • 170 Assessor's Parcels were found with lot ties that potentially could be merged. • 60 parcels were found to meet the all the essential criteria for merger. ■ 45 of the 60 parcels identified involve remnant lots and cannot be developed separately (as they are less than 20 -feet wide). • Several more lots are questionable because of the difficulty in applying the 80% "split and developed separately" rule as it is currently written. ■ 15 parcels meet the criteria for merger in the R-1 zone, containing two or more lots that can separately be developed. 6b • • Problems with the Current Ordinance The current Ordinance requires that staff examine lots for potential merger as follows: • Examine current L.A. County Assessor's Parcel Maps for lot ties indicating common ownership. • Determine whether one of the lots that comprise the property is substandard in lot area • Determine if structures straddle the property line • Calculate the percent of lots on the block that have "already been split and developed separately • If the lot is similar to more than 80% of the lots on the block, then the lot is not subject to merger. In many situations, the current ordinance is difficult to interpret and apply primarily with respect to the 80% rule listed above. It is not clear in all circumstances what constitutes "split and developed separately" and it is not clear whether the affected lot should be included in the 80% calculation. Also it is not clear when making this calculation if remnant parcels or lots are included in the calculation. 1 For the majority of the City, the lot patterns are not uniform, and ownership ties that combine adjacent parcels are often small remnants, half lots, or other odd divisions of property that occurred before lot divisions were regulated by the Subdivision Map Act. In these cases "split and developed separately" does not apply and, therefore, this phrase should be clarified in any revisions to the Ordinance. Also, for small blocks, lot mergers will likely meet the 80% criteria even it the general trend of neighborhood development is not consistent. For example, some blocks are comprised of four or fewer lots and if the lot is included where two other lots have already been split, then the "not more than.80%" rule applies and it is subject to merger, however, if it is excluded then over 80% have been split and the property is not subject to merger. Further, it is unclear if a "block" includes only lots fronting a street (i.e. the side with lots narrowest frontage). If the intent of the Ordinance is to ensure neighborhood compatibility with surrounding lots, then application of the law in this manner may not be consistent with the neighborhood. The ordinance is written to apply in all zones, even though it the original intent may have been to address density concerns in residential zones only (as implied by the 4,000 square foot lot size criteria) and likely, it was intended to be limited to the R-1 zone. However, as written it requires including all properties. Based on a review of the decisions to adopt the original ordinance, it seems that the City's intent was to prevent separate development of 25 -foot wide lots in areas generally east of and near Prospect Avenue which are R-1. Many of these lots, originally subdivided into substandard lots, have since been developed largely into 50 -wide home sites that comply with the ordinance. The proper implementation of Section 16.20.120 of the Ordinance is also unclear. Section 16.20.120 sets out prohibitions for separate sale and permit issuance where an existing building straddles two or more lots. According to the City Attorney, this is misleading as it only applies to lots subject to merger and does not apply to all properties. Instead the intent is to deter owners from trying to circumvent the law by transferring ownership to obtain a permit while a lot is under consideration for lot merger. The hearing process also is problematic. Section 16.20.060 sets out the requirements for hearings and is intended to provide an opportunity for the affected owner to address Commission on the merger. However, it does not require formal public notification of surrounding owners which leaves other potentially affected property owners out of the process. 2 i • • Finally, the ordinance does not provide clear direction on how to deal with small remnant portions of lots that are essentially not developable. Many remnants, some as small as 2 -feet wide, are subject to the Ordinance. Forcing mergers of such remnants does not accomplish the objective of reducing density and may in some cases result in a parcel inconsistent with the prevailing pattern of neighborhood development. Issues to Consider 1. Intent of the Ordinance 2. Criteria for Merging lots (Block or Neighborhood or Both) 3. Procedures for Merging Lots (Citywide vs. Case by Case Review & Public Notice) 4. Survey ofPotential Lot Mergers 1. Intent of the Ordinance The City Council must confirm what the Ordinance was originally intended to do and if there is any reason to change direction at this time. It appears the intent was to reduce the number of potential units (i.e. to maintain current densities) and to reduce the number of nonconforming lots incompatible with the neighborhood. However, an alternative intent would be to allow development that is consistent with the prevailing pattern of development in the immediate neighborhood, requiring merger when the prevailing pattern consists of conforming lots, and not requiring merger if the prevailing pattern is nonconforming. Knowing the intent of the Ordinance provides the necessary direction for clarifying or revising the merger criteria of the Ordinance. If the intent is simply to reduce the number of potential new housing units (density) then the general criteria should not be materially changed and the focus should be on finishing the task in a fair and timely manner. If the intent is to make lots compatible with the existing neighborhood, than the Council should consider modifying the existing criteria. The current ordinance requires the City to implement mergers on R-2 and R-3 zoned property, although it is not clear whether this is consistent with the original intent. In the R-2 and R-3 zones density is a function of lot area, not necessarily the existing lot pattern. By forcing mergers, the City may actually be encouraging more dense development, rather than allowing the development of individual parcels for single family projects. For example if two adjacent 30 X 90 R-2 lots are merged, the resulting parcel can be developed for three units, and the option to build the property as two single- family homes has been precluded. In fact, the City has recently granted two Variances to the minimum lot size to allow property owners to revert back to their original lots sizes of approximately 2,700 square feet (prior to merger) at 26 9U' Street (aka 836 Beach Drive) and 501 & 507 29th Street in order to allow the development of two single-family homes rather than 3 -unit condominium projects. 2. Criteria for Merging Lots Block Level Criteria The current Ordinance provides direction on merging lots when not more than 80% of the lots on a block have already been split and developed separately but is not explicit as to how to implement this in all cases. If a block level analysis is to be used the 80% rule should be reworded as follows: If the substandard parcel is similar in size and width to more than 80% of the parcels on the same. block, inclusive of the subject parcel, then the parcel shall be exempt from lot merge. 3 • • With this revision, which does not change the general intent or scope from the original ordinance, the City can more clearly identify blocks with a dissimilar lot pattern (size and width) and remnant parcels that are inconsistent with other development on the block. Thus, nonconforming lots dissimilar and smaller to the rest of the block will be subject to merger. At a minimum, the existing language should be rephrased because it is very difficult to understand. Further, the Council can consider changing the 80% to another percentage, if deemed appropriate. Neighborhood Compatibility Criteria Another standard for review is neighborhood compatibility. The Council should decide if it is necessary to look beyond a block and apply more subjective criteria to the lot merger decision. A specified radius such as 300' can be used to look at more properties to determine compatibility with the neighborhood. Between 60 and 120 parcels would typically be included in a 300' radius area depending on the lot size. Other neighborhood criteria may be groups of blocks within the same zone and general plan area within defined common boundaries that could include arterials or collector streets, parks or open space such as the greenbelt or other significant topographical features such as hillsides. This criterion is consistent with the requirements for approval of a Subdivision Map. (Please See Assessor Radius Map Illustrations and Neighborhood Map Illustration.). Combined Block Level and Radius or Neighborhood Analysis Criteria The current merger criteria are primarily based on a calculation that in some cases fails to recognize the actual conditions of the neighborhood since the 80% rule only focuses upon a percentage of "lots split and developed separately" that comprise a block. The ordinance criteria can instead be written to contain two tiers of review. First it can establish the minimum percentage of lots on a block (the 80% rule) to determine if a parcel should be considered for merger. However, when there are an insufficient number of lots to review, it should also allow for a broader look at the prevailing pattern of development in the area (defined per Subdivision Ordinance, Section 16.08). The initial review by staff would involve a calculation to determine whether the lot qualifies for merger (lot less than 4000 sq. ft. area, building straddling the lots and held under one ownership) relative to all other lots on the block. This calculation works if there are more than five lots that comprise a block. However, if there are five or fewer lots on a block, the review should be expanded to a larger area to determine the prevailing lot pattern within a neighborhood area. The broader review should be part of the appeal process to Planning Commission. 3. Procedures for Merging Lots Citywide Review vs. Case by Case Review The Council must determine whether to initiate a citywide program potentially involving up to 60 hearings following the City's standard hearing notice procedures or continue to consider lot mergers on a case-by-case basis as applications for development are brought forward by property owners. Staff recommends that the ordinance be implemented with a citywide program focusing on R-1 zoned property where there is most potential to increase density with development on small lots that conflicts with the neighborhood pattern of development. This will focus efforts on approximately 15 properties. Case-by-case merger is recommended for the remaining R-1 properties affecting mostly remnant parcels and for the multi -family zones when the property is being redeveloped. For example, a 10 -foot wide existing remnant from a prior real estate transaction obviously cannot be developed separately, and can be merged at the time of redevelopment of the property, or when the owner prefers to sell it. In another example, an R-2 zoned 30' x 90' lot combined with another 30' by 90' lot 1 • • permits development of 3 units rather than two single family homes on two separate lots --there is no reason to force this merger if the owner prefers to maintain the current condition or develop two single family homes. Following a determination to merge lot, the lot merger when recorded, is a final action, and there is no other appeal or change permitted to the lots without filing an application for a subdivision. Definitions The definition of block is not included in the Lot Merger Ordinance, however the term is used in the criteria for merger. Section 17.04 of the Zone Code provides a definition of block that must be incorporated into the lot merger ordinance with modifications. The modified definition should include only lots that front on a common street, and that are within the same zone, to identify a block face and frontage. Also the Subdivision Ordinance description of "prevailing lot pattern should be incorporated in the Ordinance to define the prevailing pattern of neighborhood development in establishing criteria for neighborhood character. In summary, staff seeks City Council direction as to: 1. Confirming the original intent of the Ordinance related to density and neighborhood compatibility and whether to simply modify " 80% rule" to achieve a consistent development pattern for all affected blocks. 2. Determining whether it is necessary to establish other criteria for lot mergers based on block level analysis, or neighborhood analysis either separately or in combination. 3. Establishing procedures for merging lots through a mandatory citywide program or on a case-by-case basis, or both, and revised noticing requirements for appeals (300 foot mailed notice, notice published in local newspaper of general circulation and posted notice) with notice costs borne by the property owner. 4. The date on which a draft ordinance should be returned for Council consideration. t1 So Blumenfeld Director Community De elopment Department Concur: Ste Cit " anager rrell, e 76 7 o ertson Senior Planner Notes I. For blocks in the districts east of Prospect Avenue, it is relatively easy to apply this section, because a uniform lot pattern was established in which 25 -foot wide lots were the norm, with a portion of those lots developed and sold with a single home on a combined 50 -foot wide lot. The common ownership was clearly reflected on the County Assessor Parcel Maps tying the two 25 -foot lots together. For those blocks, it is clear what split and developed separately means. However, for the majority of the City, the lot patterns are not so uniform, and ownership ties that combine adjacent parcels 5 • • are often small remnants, half lots, or other odd divisions of property that occurred before lot divisions were regulated by the Subdivision Map Act. In these cases "split and developed separately" does not apply. 2. Planning Commission and City Council Minutes from 1987 — 1989. Approximately half of the 1100 parcels/units of land merged were located in the general area east of and near Prospect Avenue involving merger of 25 -foot wide lots into 50 -foot wide parcels. 3. "Block" for the purpose of determining lots to be merged is currently defined as follows: All property fronting upon one side of a street between intersecting and intercepting streets, or between a street and a railroad right-of-way, waterway, terminus or dead-end street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts; Where the need for determination regarding lot merger, Section 16.20.030, occurs, the following definition shall apply: All lots facing a common street on both sides of said street, except where residential zoned lots do not exist, or are not within the city limits, and said lots are between intersecting and/or intercepting streets or between a street and a railroad right-of-way, terminus, dead-end street or city boundary. This definition is problematic since it does not address the issue of whether to include lots on properties in different residential zone and it does not adequately define what "facing" means. 4. Section 16.08.060 of the Subdivision Ordinance provides for the following in making a subdivision determination: D. The size of the proposed lots is not smaller than the prevailing lot size and lot frontage within the same zone and general plan designation within a three hundred (300) foot radius; provided, however, that all such lots used in the comparison shall be in the same neighborhood area; E. The granting of the subdivision would result in the creation of lots that would be of a size and configuration which would be in keeping with the standards of development specified by the zoning ordinance for the land use zone in which it is Iocated; F. The creation of the proposed lots would be in conformity with the intent and purpose of the comprehensive general plan for the city; G. The tentative subdivision map complies with the requirements for approval set forth in the Subdivision Map Act of the state of California. For purposes of this section "neighborhood area" is defined as the block or group of blocks, within the same zone and general plan designated area, being located within clearly defined common boundaries. Boundaries shall include arterial or collector streets, parks or open space designated areas (such as the "greenbelt"), or significant topographical features such as hillsides Attachments: 1. Lot Merger Ordinance 2. Citywide Survey (Available in the Community Development Department) 3. Assessor Map Illustration 300' and 500' (Available as supplemental item.) 4. Neighborhood Map Illustration (Available as supplemental item.) P:/LotMergerOrd 6 CITY OF HERMOSA BEACH MUNICIPAL CODE ON-LINE SUBDIVISIONS Chapter 16.20 MERGER OF PARCELS 16.20.010 Intent and purpose. 16.20.020 Applicability. 16.20.030 Requirements for merger. 16.20.040 Determination of ownership. 16.20.050 Notice of intention to determine status. 16.20.060 Hearing date, fee, presentation of evidence --Planning commission determination. 16.20.070 Merger--Notice--Effective date. 16.20.080 When parcels not merged --Release and clearance of notice of intention to determine status. 16.20.090 Planning commission determination without hearing-- Notice to owner. 16.20.100 Appeal. 16.20.110 Industry merger. 16.20.120 Development involving contiguous 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 least one 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 Tots on the same block of the affected parcel have been 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) 1 • • 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) Radius Map 300 ft. Buffer Zone Subject parcel Parcels selected by buffer (124) City Limits 300ft. Prepared by: Public Works GIS Chris Hardenbrook August 2006 i u int 0 250 500 750 1,000 SUPPLEMEN T8L INFORMATION Radius Map 500 ft. Buffer Zone Subject parcel Parcels selected by buffer (277). City Limits 500ft. PrePublicpared Works kss GIS Chris Hardenbrook August 2006 1 (Feet 0 250 500 750 1,000 Greenbelt Hermosa Avenue Valley Park North School Neighborhoods may be defined by using natural features to delineate boundaries. In the example above, this is illustrated by using the Greenbelt to the East; a collector street (Hermosa Avenue) to the West; the City Limit to the North, and; a combination of parks, schools, and the elevation rise of 25th St. to the South. Prepared by: Public Works GIS Chris Hardenbrook August 2006 (Feet 250 500 750 1,000 • • Mayor and Members of the City Council July 26, 2006 Regular Meeting of August 8, 2006 REPORT OF BALLOT TABULATION RESULTS FOR THE PROPOSED LANDSCAPE AND STREET LIGHTING SUPPLEMENTAL MAINTENANCE DISTRICT Recommendation: To receive and file. Background: At its meeting of July 25, 2006, the City Council conducted a public hearing on this matter and, after receiving public comments and additional ballots, closed the public hearing and authorized the City Clerk to oversee the tallying of all ballots received to take place in the first floor conference starting at 8 a.m. on July 26 until the tally is completed, noting that members of the public were welcome to observe the tabulation. Assessment Ballot Tabulation Results: 48% favored the formation of the proposed supplemental assessment district. 52% opposed the formation of the proposed supplemental assessment district.. The attached document shows that the total number of ballots received was 2,867, with an assessment amount of $69,235. There were 1,316 "yes" ballots, with an assessment amount of $33,479, and 1,551 "no" ballots, with an assessment amount of $35,756. Elaine Doerfling, City Cler Noted: Stephen Burr -1' ' tanager • • City of Hermosa Beach Landscape and Street Lighting Supplemental Maintenance District ASSESSMENT BALLOT TABULATION RESULTS Total of Ballots Received Total "Yes" Ballots Total "No" Ballots No. of Ballots: ( (07 No. of Ballots: ),3 t (p No. of Ballots: 1 7 Asmt Amt: $ 6;9 a 3 S Asmt Amt: $ 33,E 79 ,5-5 Asmt Amt: $ 3 S, 756, Asmt Amt Percent Yes: Lib % Asmt Amt Percent No: SP, Ballots tabulated by: `k---1 ----q Harris & Associates Carol Hill, Project Analyst Date: /n7/P\ Q:\Hermosa Beach\LLMD supplement\ballot results form by asmt.doc SCALE: 1 -30' 1 PARCEL 8,400 SQ. H. 9AKEL v A VESTING SHEET 1 OF 1 SHEET \o. 061318 IN THE CITY OF HERMOSA BEACH , COUNTY OF LOS ANGELES STATE OF CALIFORNIA BEING A SUBDIVISION OF LOT 8 OF HOPKINS TRACT, AS PER MAP RECORDED IN BOOK 9 PAGE 102 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. FOR CONDOMINIUM PURPOSES PIAT ENGINEERING INC. SUBDIVIDER'S STATEMENT I HEREBY STATE THAT I AM THE SUBDIVIDER OF THE LANDS INCLUDED WITHIN THE SUBDIVISION SHOWN ON THIS MAP WITHIN THE DISTINCTIVE BORDER LINES, AND I CONSENT TO THE PREPARATION AND FILING OF SAID MAP AND SUBDIVISION. HAROLD ANSCHEL - SUBDIVIDER STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. ON THIS 'y' r DAY OF •, ; r~ ' 200 ., BEFORE ME, E ! 7A. f .Ef./ r SPO ' J ,4 ,40/114'Y PERSONALLY APPEARED HAROLD ANSCHEL, PERSONALLY KNOWN TO ME Oh' PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS AUTHORIZED CAPACITY, AND THAT BY HIS SIGNATURE ON THE INSTRUMENT THE PERSON, OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. NOTARY PUBLIC- • PRINCIPAL OFFICE IN LOS ANGELES COUNTY MY COMMISSION EXPIRES - �: • " ' MY COMMISSION No. CONDOMINIUM NOTE: THIS SUBDIVISION IS APPROVED AS A CONDOMINIUM PROJECT FOR TWO UNITS, WHEREBY THE OWNERS OF THE UNITS OF A/R SPACE WILL HOLD AN UNDIVIDED INTEREST IN THE COMMON AREAS WHICH WILL, IN TURN, PROVIDE THE NECESSARY ACCESS AND UTILITY EASEMENTS FOR THE UNITS. 3333 f, j COM, DE, - 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 HAROLD ANSCHEL IN JUNE, 2005. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. VICTOR J. PIAL, R.C.E. 20327 EXPIRES: 09-30-07 RECORD DATA NOTE: RECORD DATA IS FROM HOPKINS TRACT, M.B. 9-102. 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 ORDINANCE 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 - 1 1 gGINEERATE: �� �06.EPUTY. -7274 EXPIRES: 1Z -31-6c, RECORD OWNERS: HAROLD ANSCHEL, VINCENT BRUCCOLIERI AND LAURA BRUCCOLIERI. EASEMENT NOTE: WARREN GILLELEN, SUCCESSOR OR ASSIGNS, EASEMENT HOLDER FOR WATER PIPE PURPOSES PER DEED RECORDED /N BOOK 1617 PAGE 47 OF DEEDS, RECORDS OF LOS ANGELES COUNTY. SAID EASEMENT IS BLANKET IN NATURE. • LEGEND • • INDICATES THE BOUNDARY OF THE LAND BEING SUBDIVIDED BY THIS MAP FD. 2 "l. P. W/PK&W LS 6771 PER CITY TIE SHT No. 185. 20' 20' 40' z N v+ 0 0 4; 20. 20 S'LY LINE OF LOT 7, HOPKINS TRACT, M.B. 9-102. W'LY LINE OF LOT 8, HOPKINS TRACT, M.B. 9-102 AND E'LY LINE OF P.M. No. 13703, P. M, B. 139-61, AND E'LY LINE OF LOT 6, HURD'S OCEAN VIEW TRACT, M.B. 12-117 S'LY LINE OF LOT 8, HOPKINS TRACT, M.B. 9-102 AND N LY LINE OF P.M. No. 10651, P.M.B. 110-66-67. -E:-E. No. 1-.s. SPECIAL ASSESSMENTS CERTIFICATE: I HEREBY CERTIFY THAT ALL SPECIAL ASSESSMENTS LEVIED UNDER THE JURISDICTION OF THE CITY OF HERMOSA BEACH, TO WHICH THE LAND INCLUDED IN THE WITHIN SUBDIVISION OR ANY PART THEREOF IS SUBJECT, AND WHICH MAY BE PAID IN FULL, HAVE BEEN PAID IN FULL. 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 , APPROVED THE ANNEXED MAP. DATE CITY CLERK OF THE CITY OF HERMOSA BEACH 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 2003. DATE SECRETARY OF PLANNING 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 / AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT IN ALL RESPECTS NOT CERTIFIED TO BY THE CITY ENGINEER. COUNTY ENGINEER DATE: BY: DEPUTY FD. S.W.&T., LS 4702 PER CITY TIE SHT No. 176. S�;R�Er f.. 3gD R.C.E. No. EXPIRES: SCALE: 1"=-30` 1 PARCEL 5,200 SO, FT, VESTING SHEET 1 OF 1 SHEET PARCEL MAP No. 61742 IN THE CITY OF HERMOSA BEACH , COUITTY OF LOS ANGELES STATE OF CALIFORNIA BEING A SUBDIVISION OF LOT 18, GLORIETTA VILLA TRACT AS RECORDED IN MAP BOOK 9 PAGE 111 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY FOR CONDOMINIUM PURPOSES SUBDIVIDER'S STATEMENT I HEREBY STATE THAT / 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. Sy; STEVE WITHEROW (SUBDIVIDER) SURVEYOR'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 STEVE WITHEROW IN JANUARY, 2006. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY l2-3/ XP STATE OF CALIFORNIA �, COUNTY OF LOS ANGELES SS. -7\ 3 ;q l: i cs Z (AA A Mo1`ARW PUBLI "' ~ ��:. ON THIS AY OFl 2006, BEFORE ME, , PERSONALLYAPPEARED STEVE WITIYEROW 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. „LetLL NOTARY PUBLIC— LI; Z calj E— U. 6 s` PRINCIPAL OFFICE IN LOS ANGELES CO NTY MY COMMISSION EXPIRES — L • E COMMISSION NO. — V.()7 (a 7((� CONDOMINIUM NOTE: THIS SUBDIVISION IS APPROVED AS A CONDOMINIUM PROJECT FOR TWO 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. Q 0 C:) 0 LEGEND • • • INDICATES THE BOUNDARY OF THE LAND BEING SUBDIVIDED BY 77 -IIS MAP * REFERS TO GLORIETTA VILLA TRACT MB 9 PG 111 EASEMENT NOTES: AN EASEMENT TO WARREN GILLELEN FOR WATER PIPELINE PURPOSES AS DISCLOSED BY DEED RECORDED IN BOOK 1617 PAGE 47 OF DEEDS SAID EASEMENT IS BLANKET IN NATURE 7th Sl-Fi e, 40. N '4' 0 0.34,00:a 00 JTq NA\\ tAtti S of Lai t5 OVIP VC( loAse of P� Wit. MKiat‘s7 _6) 0 0 0 W`VY LINE Or LOT17 O F 0 0 0 0 N rs 40.00' N70. 0 cal c$1 41 A' 41///7 - THOMAS M BOSSERMAN, L.S. 7328 EXPIRES: 12-31-07 RECORD OWNERS: STEVE WITHEROW AND JESSICA WITHEROW RECORD DATA NOTE: RECORD DATA IS FROM GLORIETTA VILLA TRACT MB 9 PAGE 111 SPECIAL ASSESMENTS CERTIFICATE I HEREBY CERTIFY THAT ALL SPECIAL ASSESMENTS LEVIED UNDER THE JURISDICTION OF THE CITY OF HERMOSA BEACH, TO WHICH THE LAND INCLUDED IN THE WITHIN SUBDIV/DSION 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 HERBY 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 TO THE TENTATIVE MAP HAVE BEEN COMPLIED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT WITH RESPECT TO CITY RECORDS. DONALD L. WOLFE CITY ENGINEER DEPUTY R.C.E. EXPIRES COUNTY ENGINEER'S CERTIFICATE I HEREBY CERTIFY THAT 1 HAVE EXAMINED PROVISIONS OF STATE LAW APPLICABLE AT TENTATIVE MAP; AND THAT 1 AM SATISF/ED CORRECT IN ALL RESPECTS NOT CERTIFIED DATE THIS MAP, THAT IT COMPLIES WITH ALL THE TIME OF APPROVAL OF THE THAT THIS MAP IS TECHNICALLY TO BY THE CITY ENGINEER COUNTY ENGINEER BY DEPUTY R.C.E. NO EXPIRES CITY CLERK'S CERTIFICATE DATE I HERBY CERTIFY THAT THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH BY MOTION ADOPTED AT ITS SESSION ON THE DAY OF ,20 APPROVED THE ANNEXED MAP. CITY CLERK OF THE CITY OF HERMOSA BEACH DATE CITY PLANNER'S CERTIFICATE I HERBY CERTIFY THAT THE ANNEXED MAP CONFORMS SUBSTANTIALLY TO THE TENTATIVE MAP APPROVED BY THE PLANNING COMMISSION ON THE DAY OF , 20 SECRETARY OF PLANNING CITY OF HERMOSA BEACH DATE