HomeMy WebLinkAboutRES-92-5547 (ELECTION/9-15-92/SPECIAL),,ftol/
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RESOLUTION NO. 92-5547
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL
MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, SEPTEMBER
15, 19921 FOR THE SUBMISSION TO THE VOTERS OF A PETITION
INITIATIVE MEASURE RELATING TO OPEN SPACE ON THE BILTMORE SITE
WHEREAS, under the provisions of the laws relating to general
law cities in the 'State of California, a Special Municipal
Election shall be held on September 15, 1992, for the purpose of
submitting to the voters a Petition Initiative Measure relating
to Open Space on the Biltmore Site.
WHEREAS, the City Council of said City is thereupon
authorized and directed by statute to submit the proposed measure
to the qualified voters.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE,
DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of
the State of California relating to general law cities within
said State, there is hereby called and ordered to be held, in the
City of Hermosa Beach, California, on Tuesday, September 15,
1992, a Special Municipal Election for the purpose of submitting
the following Petition initiative measure regarding Open Space on
the Biltmore Site.
SECTION 2. That the City Council, pursuant to its right and
authority, does order submitted to the voters at the Special
Municipal Election the following question:
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ORDINANCE NO. 92-
A PETITION INITIATIVE ORDINANCE OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, CREATING AND DESIGNATING THE 11BILTMORE SITE11 AS OPEN
SPACE 0-8-2, TO ENSURE ITS PRESERVATION AND USE AS A PUBLIC PARR.
WHEREAS, the citizens of Hermosa Beach find and declare that
the City -owned Biltmore Site property shall be saved from
commercial and residential development, because of existing
problems of parking, density, congestion, traffic, and air and
noise pollution from traffic in the immediate area and elsewhere
lin Hermosa Beach.
WHEREAS, steps have to be taken to improve our quality of
life, our environment, and to help save our earth. Therefore,
the Biltmore Site shall be landscaped, and maintained as a 100%
Open Space Oceanfront Strand Public Park with grass, trees, and
flowers for present and future generations to enjoy.
THE PEOPLE OF THE CITY OF HERMOSA BEACH DO ORDAIN AS FOLLOWS:
SECTION 1. That the City -owned property commonly known as
the Biltmore Site (hereinafter referred to as "Biltmore Site")
shall be landscaped, and maintained as a 100% Open Space 0-S-2,
Oceanfront Strand Public Park, with grass, trees, and flowers for
present and future generations to enjoy.
SECTION 2. That the Municipal Zoning Code of the City of
Hermosa Beach (the "Code") is hereby amended to add a new zone
designated as O -S-2, Restricted Open Space, as follows:
"Intent and Purpose.
The O -S-2 Zone is intended to restrict further the use of
certain designated open space to assure permanent open space for
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public park purposes.
Permitted Uses.
A Public Park -- with landscaping, beautification, grass,
trees, flowers, plants and other uses if specifically
authorized as a permitted improvement herein.
Permitted Improvements.
Improvements in the O -S-2 Zone shall be as follows:
(a) Only non -building public improvements relating to
landscaping, beautification -- grass, trees, flowers,
plants, soil, unobtrusive park lighting, some benches to
view the ocean, existing public utilities, one flag pole
for our American Flag, and erosion and irrigation
improvements to assure permanent open space for park
purposes shall be permitted.
(b) No buildings, malls, plazas, or structures -- temporary
or permanent in nature -- shall be built, developed,
constructed or erected on the Biltmore Site.
(c) Softscape shall include grass, trees, plants, soil,
flowers, and shall be artistically designed to cover all
of the Biltmore Site.
(d) The use and improvements to the park are to ensure a
natural, peaceful, serene and safe environment to
improve and enhance the quality of life in Hermosa
Beach."
SECTION 3. Ordinance No. 91-1062 is hereby repealed and the
Land Use Element of the Hermosa Beach General Plan and the
official zoning map are modified by reclassifying and rezoning
certain property commonly known as the Biltmore Site.
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SECTION 4. The Biltmore Site is hereby reclassified as O -S-2
Open Space Two under the Land Use Element of the General Plan
(hereinafter the "General Plan") and rezoned as O -S-2 Open Space
Two.
SECTION S. For the purposes of this ordinance and the
rezoning reclassification of the subject property, the Biltmore
Site is defined as follows:
(a) The Biltmore Site consists of that certain property
identified as Lots #1 through 9, inclusive, Lots 19, 20,
and 32 all in Block 15 of the Hermosa Beach Tract in the
City of Hermosa Beach, County of Los Angeles, State of
California, as per map recorded in Book 1, pages 25, 26
of Maps in the Office of the County Recorder of said
county, together with all of the vacated portion of
Beach Drive and 15th Court adjacent to the above noted
lots.
SECTION 6. The City shall seek necessary approvals from the
California Coastal Commission for the amendments made by this
ordinance and take all further actions necessary to implement and
enforce the terms and intent of this ordinance.
SECTION 7. If any section or sub -section of this ordinance
is for any reason held invalid or unenforceable, such holding
shall not affect in any respect the validity of the remaining
portions of this ordinance or any such part thereof.
SECTIONS. There shall be no modifications, amendment, or
repeal of any provision of this ordinance without a vote of the
people.
SECTION 9. Any ordinance which is adopted concurrently with
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this ordinance which receives less votes and is in conflict with
any provisions herein shall be repealed in its entirety and be of
no force and effect.
SECTION 10. This ordinance shall take effect in the manner
prescribed by law.
SECTION 11. This ordinance shall only take effect if it
receives a majority vote of the people.
SECTION 12. The City Clerk shall certify to the passage and
adoption of this ordinance and shall cause the same to be posted
as required by law.
SECTION 13. Funding for the improvements, landscaping and
maintenance of the Park shall come from the following source:
(a) Parks and Recreation monies.
SECTION 14. Additional funding for the improvements,
landscaping and maintenance of the Park may come from the
(following sources:
(a) Private donations -- money, trees, flowers, soil, grass,
etc.
(b) Volunteers to help landscape the Biltmore Site by
planting grass, flowers and trees, etc.
(c) Fundraisers and other sources should they become
available.
SECTION IS. The Biltmore Site is not to be sold, leased, nor
consolidated with other land, or lands, without a vote of the
people.
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SECTION 4. That the ballots to be used at the election shall
be in form and content as required by law.
SECTION S. That the City Clerk is authorized, instructed and
directed to procure and furnish any and all official ballots,
notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and
lawfully conduct the election.
SECTION 6. That the polls for the election shall be open at
seven o'clock a.m. of the day of the election and shall remain
open continuously from that time until eight o'clock p.m. of the
same day when the polls shall be closed, except as provided in
Section 14301 of the Elections Code of the State of California.
SECTION 7. That in all particulars not recited in this
resolution, the election shall be held and conducted as provided
by law for holding municipal elections in said City.
SECTION S. That notice of the time and place of holding the
election is given and the City Clerk is authorized, instructed
and directed to give further or additional notice of the
election, in time, form and manner as required by law.
SECTION 9. That the City Clerk shall certify to the passage
and adoption of this Resolution and enter it into the book of
original Resolutions.
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF HERMOSA BEACH )
I, Elaine Doerfling, City Clerk of the City
Council of the City of Hermosa Beach, California, do hereby
certify that the foregoing Resolution No. 92-5547 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 meeting place thereof on June 09,
1992.
\"owl The vote was as follows:
AYES: Benz, Edgerton, Midstokke, Wiemans, Mayor Essertier
NOES: None
ABSTAIN: None
ABSENT: None
DATED: June 10, 1992
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City Clerk
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