Loading...
HomeMy WebLinkAbout02/28/84"-P,1AK-Z4-A , "MINDS ARE LIKE PARACHUTES. THEY ONLY FUNCTION WHEN THEY ARE OPEN." - Thomas R. Dewar AGENDA REGULAR MEETING OF THE HERMOSA BEACH CITY COUNCIL Tuesday, February 28, 1984 - Council Chambers, City Hall Regular Session - 7:30 p.m. All Council meetings are open to the public. PLEASE ATTEND. It is requested that anyone who wishes to speak on any matter, please give their name and address for the record. Any complaints against the City Council, City Management, or depart- mental operations will be submitted in writing to the City Manager for evaluation by the appropriate department head prior to submission to the City Council. Complete agenda materials are available for public inspection'in the Police Department, Public Library and the Office of the City Clerk. -------------------------------------------------------------------- PLEDGE OF ALLEGIANCE ROLL CALL CERTIFICATE OF COMMENDATION: Bunny and Roy Seawright For 50 years of residence and service to Hermosa Beach 1. CONSENT CALENDAR: The following 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 good cause is shown by a member prior to the roll call vote. (Items removed will be considered after Municipal Matters.) (a) Approval of Minutes: Regular meeting of the City Council held on February 14, 1984. (b) (c) (d) Recommended Action: To approve minutes. Demands & Warrants: February 28, 1984. Recommended Action: To approve Demands & Warrants Nos. through inclusive. City Treasurer's Report: January, 1984. Recommended Action: To receive and file. Claim for Damages: Donna A. Miller, 712 Poinsettia Avenue, Manhattan Beach, filed February 9, 1984. Recommended Action: To deny claim and refer to this City's insurance carrier. City Council Agenda - February 28, 1984 Consent Calendar (Continued) (e) Claim for Damages: Peter A. Dernier, 2026 Hermosa Avenue, #4, Hermosa Beach, filed February 17, 1984. Recommended Action: To deny claim and refer to this City's insurance carrier. (f) City Manager's Activity Report. Memorandum from Gregory T. Meyer, City Manager dated February 7, 1984. Recommended Action: To receive and file. (g) Tentative Future Agenda Items. Memorandum from City Manager Gregory T. Meyer dated February 22, 1984. Recommended Action: To receive and file. (g) Status Report - Police Crime Prevention Program. Memorandum from Police Chief Frank Beeson dated January 23, 1984. Recommended Action: To receive and file. (h) Status update regarding second story addition to the Fire Station. Memorandum from Fire Chief Ron Simmons dated January 26, 1984. Recommended Action: To receive and file. (i) January Activity Report from Planning Department. Memorandum from Planning Director Pamela Sapetto dated January 31, 1984. Recommended Action: To receive and file. (j) Letter re. Hermosa Beach Library funding (SB 358) dated January 30, 1984. Recommended Action: To receive and file. (k) Report on Firefighter Auxiliary Program. Memorandum from Fire Chief Ron Simmons dated February 2, 1984. Recommended Action: To receive and file. (1) Revenue Reporting: July, 1983 - January, 1984. Recommended Action: To receive and file. (m) Expenditure Reporting: July, 1983 - January, 1984. Recommended Action: To receive and file. (n) Request for purchase of remote radio for Fire Department utilization. Memorandum from Fire Chief Ron Simmons dated February 7, 1984. Recommended Action: To approve staff recommendation. (o) Park _Bond Issue (AB 2099). Memorandum from Gregory T. Meyer, City Manager. Recommended Action: To endorse a "yes" vote. (p) Building Department Activity Report - January, 1984. Memorandum from Acting Building Director William Grove dated February 23, 1984. Recommended Action: To receive and file. -2- City Council Agenda - February 28, 1984 Consent Calendar (Continued) (q) Status Report re. CPR Program. Memorandum from Fire Chief Ron Simmons dated February 23, 1984. Recommended Action: To receive and file. (r) Report on status of meter messages - effect on revenue - alternate proposal. Memorandum from General Services Director Joan Noon dated February 2, 1984. Recommended Action: To approve staff recommendation. (s) Men's Open Summer Volleybs all Tournament Sponorship Contract. Memorandum from Community Resources Director A1ana Mastrian dated February 7, 1984. Recommended Action: To approve contract. (t) Los Angeles County Transportation Commission proposal for revenue bonds. Memorandum from Public Works Director Charles Clark dated February 9, 1984. Recommended Action: To approve staff recommendation. (u) June 1984 Ballot. Memorandum from City Manager Gregory T. Meyer dated February 20, 1984. Recommended Action; To receive and file. (v) Thirty -day Extension, Temporary Appointment of Acting Director of Building and Safety. Memorandum from City Manager Gregory T. Meyer dated February 22, 1984. Recommended Action: To approve extension. (w) Letter of request from Chamber of Commerce re. street closures for Memorial Day Weekend - Fiesta. Recommended Action: To approve request. (x) Recommendation to extend sweeping and cleaning contract for Specialty Maintenance Company. Memorandum from City Treasurer Norma Goldbach dated February 23, 1984. Recommended Action: To approve contract extension. 2. WRITTEN COMMUNICATIONS FROM THE PUBLIC, PUBLIC HEARINGS 3. APPEAL FROM DENIAL BY THE BOARD OF ZONING ADJUSTMENTS OF A VARIANCE ON PROPERTY LOCATED AT 906 - 15TH PLACE, Michael Schubach, Appel- lant. Memorandum from Acting Building Director Tilliam Grove dated February 9, 1984. (Continued from 214/84 meeting), 4. APPEAL FROM DENIAL BY THE PLANNING COMMISSION TO AMEND THE ZONING MAP, GENERAL PLAN, LOCAL COASTAL PLAN, APPROVE A DEVELOPMENT AGREE- MENT AND PARCEL MAPS FOR A PROJECT SUBMITTED BY THE HERMOSA BEACH SCHOOL DISTRICT. Memorandum from Planning Director Pamela Sapetto dated February 8, 1984. (Continued from 2/14/84 meeting). 5. CREATION OF A LANDSCAPE MAINTENANCE DISTRICT FOR FISCAL YEAR 1984-85. Memorandum from Public Works Director Charles Clark dated February 23, 1984. SKII City Council Agenda - February 28, 1984 6. CREATION OF A CROSSING GUARD DISTRICT FOR FISCAL YEAR 1984-85. Memorandum from Public V'orks Director Charles Clark dated February 23, 1984. UV ADTVnQ 7. AN ORDINANCE. OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH REPEALING ORDINANCE NO, 82-710 PERTAINING TO VEHICLES BEING EXTENDED A FIFTEEN MINUTE GRACE PERIOD. Memorandum from General Services Director Joan Noon dated February 10, 1984. 8. FINAL RECOMMENDATION OF THE OIL RECOVERY INVESTIGATION COMMITTEE. Memorandum from Planning Director Pamela Sapetto dated February 7, 1984. MUNICIPAL MATTERS 9. REQUEST TO AWARD A SERVICES AGREEMENT TO MANHATTAN CAR WASH TO CLEAN AND WASH CITY SEDANS AND PICKUP TRUCKS. Memorandum from 'City Manager Gregory T. Meyer dated February 2, 1984. 10. CONSENT CALEINTDAR ITEMS PULLED FOR SEPARATE DISCUSSION. 11. MISCELLANEOUS ITEMS AND 'REPORTS CITY MANAGER (a) Request for Closed Session 3/13 12. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL (a) ATSF Railroad r -o -w Subcommittee report (b) Business Subcommittee - Report on possible Assessment District (c) 27th Street Subcommittee Report on meeting with Association (d) City Council Compensation (e) Report from Councilman Barks re. National League of Cities Convention, November, 1983, 13. A MEETING OF THE PARIrING AUTHORITY OF THE CITY OF HERMOSABEACH (a) Approval of minutes of January 24, 1984 meeting, 14. ORAL COMMUNICATIONS FROM.PUBLIC - MATTERS OF AN URGENCY NATURE 15. OTHER MATTERS -CITY COUNCIL Vacancies -- Boards and Commissions Civil Service Commission, unexpired term ending 7r-15-87 Business License Review Board Payor appoints for 1 year ADJOURNMENT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 14, 1984 in the Council Chamber at City Hall at the hour of 7:30 P.M. CLOSED SESSION - 6:30 P.M. (litigation and .personnel) -- all present. PLEDGE OF ALLEGIANCE - led by Councilman Barks ROLL CALL Present: Barks, Schmeltzer, Webber, Wood, Mayor Brutsch Absent: None _PROCLAMATION - City -County Earthquake Awareness ;geek, February 19-25, 1984. 1. CONSENT CALENDAR ACTION - To approve the Consent Calendar, items (a) through (h) noting the addition of item (i) Release of Lien, 2314 Ardmore. Item (f) pulled by Council Wood for further discussion. Motion Barks, second Schmeltzer AYES - Barks, Schmeltzer, Webber, Wood, Mayor Brutsch NOES - None (a) Approval of Minutes: Regular meeting of, the City Council held on January 24, 1984. ACTION - To approve minutes. (b) Approval of Minutes: Regular adjourned meeting of the City Council held on January 26, 1981. ACTION - To approve minutes. (c) Demands & Warrants: February 14, 1984 ACTION - To approve Demands & Warrants Nos. 1281.0 through 12938 inclusive noting voided checks 12787-89,'1-2792, 12809, and 12850 and preleased checks 12790 t:hru 12808 inclusive. (d) Claim for Damages: Aimee L. Walker j_ 522-A - 11th Place, Hermosa Beach, filed January 27, 1984. ACTION - To deny claim and refer to this City's insurance carrier. (e) Resolution No. 84-4683 establishing voting precincts and polling places, appointing precinct board members and firing compensation for the General Municipal Election of April 10, 1984. ACTION - To adopt Resolution No. 84-4683 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMMOSA BEACH, CALIFORNIA, ESTABLISHING VOTING PRECINC'T'S AND POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS AND FIXING COMPENSATION FOR THE GENERAL MUNICIPAL ELECTION OF THE CITY ON TUESDAY, 11 . APRIL 10, 1984, CALLED BY RESOLUTION NO. 83-4654 AND RESOLUTION NO. 84-4666 OF THE CITY COUNCIL." (f) Request to Award a Service Agreement to Manhattan Car Wash to clean and wash City sedans and pickup trucks. Memorandum from City Manager Gregory T. Meyer dated February 2, 1984. This item was pulled by Councilman Wood for further discussion and will be acted upon at the meeting of February 28, 1984. (g) Report on Business License Charges for Individual Activities under Section 17-19(A), Class A, Group 2. Memorandum from Fire Chief Ronald D. Simmons dated February 7, 1984. ACTION - To receive and file. (h) Approval of Minutes: Special Meeting of the City Council held on February 7, 1984. ACTION - To approve minutes. (i) Release of Lien - 2314 Ardmore. Memorandum from City Clerk Charlotte Malone dated February 14, 1984. ACTION - To adopt Resolution No. 84-4684 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AU`.I`HORIZING THE MAYOR OF THE CITY OF HERMOSA BEACH TO SIGN ON BEHALF OF SAID CI'T'Y A RELEASE OF LIEN ON REAL PROPERTY LOCATED AT 2314 ARDMORE AVENUE, HERMOSA BEACH, CALIFORNIA" thereby releasing subject lien. 2. WRITTEN COMMUNICATIONS FROM THE PUBLIC None HEARINGS 3. APPLICATION FOR A PERMIT TO KEEP MORE THAN TWO HOUSEHOLD PETS (THREE DOGS) AT 460 PROSPECT AVENUE. Robert E. Bigelow, Applicant. Memorandum from General Services Director Joan Noon dated January 13, 1984. Supplemental information - letter from Robert.E. Bigelow, 460 Prospect Avenue, received 2-13-84. The staff report was presented by Field Coordinator Leroy Staten. The applicant, Robert E. Bigelow, came forward and agreed to the two conditions stipulated in the staff recommendation. -2- Minutes 2-14-84 HEARINGS - 460 PROSPECT AVENUE (continued ACTION - To approve the staff recommendation to allow the three dogs to remain at 460 Prospect Avenue with the following stipulations: 1. Adherence to Section 4-4, Sub -Section one through five. 2. A sixty-day review of permit for the purpose of checking compliance. Motion Wood, second Barks AYES - Barks, 1�7ebber, Wood, Mayor Brutsch NOES - Schmeltzer 4. HEARING TO DISCUSS TRAFFIC CIRCULATION AND OTHER RELATED MATTERS ON 7TH, 8TH, 9TH AND 10TH STREETS BETWEEN PROSPECT AVENUE AND THE EAST CITY LIMITS. Memorandum from Public Works Director Charles Clark dated February 9, 1934. The staff report was presented by Public Works Director Charles Clark who showed slides of the area under consideration and distributed late responses to Council. He advised Council that a traffic count had been done on both 7th and 8th Streets prior to the construction of the barricades which showed the following: 7th Street - 658 cars per day 8th.Street - 430 cars per day Councilman Wood requested counsel of City Attorney Post regarding the fact that he had designed a house on 7th Place in Hermosa Beach and Redondo Beach and is this a conflict of interest. City Attorney Post advised that the decision contem- plated would not have any impact on his financial.interest or real property and, therefore, would not create a conflict of interest. When questioned by Council, Fire Chief Simmons advised that the barricades on 7th and 8th Streets do have an adverse impact on the Fire Department's capability. They have a mutual aid agreement with Redondo Beach, however, due.to the barricades they would be unable to use the larger hydrants located in Redondo Beach. Fire Chief Simmons also noted that the barricades, which are meant to be movable, are not movable due to the soil against them and the cars parked against the barricades on the Redondo Beach side. Acting Police Chief Mebius stressed the same concern regarding the adverse impact of the barricades noting that they are an impediment to access and their ability to perform in an expeditious manner. A statement by Chief Beeson was read. The Hearing was opened. -3- ]Minutes 2-14-34 HEARINGS - 7TH, 8TH; 9TH AND 10TH STREET BARRICADES Speaking in favor of retaining the barricades on 7th and 8th Streets were: Mike Conner - 1158 - 8th Street Wilma Burt - 1152 - 7th Street Bob DeCarlo - 1118 - 7th Street Will Scoggins - 1144 - 7th Street Bill Scroggins - 1248 - 9th Street John Haddon - 1255 - 7th Street Steve Litcher - 1601 Haynes Lane, Redondo Beach Don Pease - 1606 Haynes Lane, Redondo Beach No one present wished to speak against retaining of the barricades on 7th and 8th Streets. Ann Matsinger - 1205 - 9th Street asked for a traffic count .on 9th Street Seena Sharp - 1122 - 10th Street stated that there were no problems on 10th Street and asked that barricades not be considered Persons in favor of retaining the barricades brought forth points including but not limited to the following: Child safety, 79 new homes would mean approximately 1,000 cars per day, no major fire in the past 10 years, Redondo Beach will not open their streets to traffic, parking on both sides of 7th Street allows only 13' for two cars to pass, local residents drive slower, excessive traffic if streets are opened, commuter traffic uses 9-th Street as an alternate route, racing on 7th Street prior to the barricade, danger of grade change and 190th Street and Aviation access acceptable. The Hearing was closed. Florence Reid - 1344 - 9th Street addressed Council regarding her opposition to the barricadinc of 9th Street. ACTION - To retain the barricades on 7th and 8th Streets and direct staff to monitor 9th Street for any substantial increase in traffic after the housing tract is completed. Motion Schmeltzer, second Barks AYES - Barks, Schmeltzer, Mayor Brutsch NOES - Webber .•7ood A recess was called at 8:35 P.M. The meeting reconvened at 8:50 P.M. -4- Minutes 2-14-84 PUBLIC HEARINGS 5. APPEAL FROM DENIAL BY THE PLANNING COMMISSION TO AMEND THE ZONING MAP, GENERAL PLAN, LOCAL COASTAL PLAN, APPROVE A DEVELOPMENT AGREEMENT AND PARCEL MAPS FOR A PROJECT SUBMITTED BY THE HERMOSA BEACH SCHOOL DISTRICT. Memorandum from Planning_ Director Pamela Sapetto dated February 7, 1984. Supplemental information as follows: 12-83 Draft Environmental Impact Report - Hermosa Beach School Site Planning Project Legal Description of School Sites School District Applications for Changes 1-84 Hermosa Beach City School District Information Sheet Minutes of Planning Commission meeting January 3, 1934 Minutes of Planning Commission meeting January 17, 1984 Minutes of Planning Commission meeting January 31, 1984 1-3-84 Letter from Lance Widman, 1015 - 4th Street 1-5-84 Letter from Violette Isgreen on behalf of the Hermosa Beach Homeowners' and Residents' Association 1-5-84 Letter from D. Krohn, 269 Valley Drive 1-6-84 Letter from Etta Simpson, 651 - 25th Street 2-4-84 Letter from William & Hayden Bardet, 4.12 Monterey 2-6-84 Letter from John Walter, D.Sc, 1240 - 17th Street 2-9-84 Letter from Etta Simpson, 651 - 25th Street 2-8-84 Letter from Marilyn Harris Corey, Hermosa Beach City School District Superintendent re Estimated Construction Costs 2-10-84 Letter from Jim Hinzdel, AICD, Jim Hinzdel & Assoc. re Responses to Comments-EIR 2-10-84 Letter to John P. Walter from Planning Director Sapetto 2-10-84 Letter from Terry Roberts, California Office of Resources, Energy & Permit Assistance 2-13-84 Letter from Sue Waters, 713-1/2 Loma Drive 2-14-84 Memo from City Attorney Charles J. Post re Chronology of Required Actions for Approval of City/School District Development Agreement The staff report was presented by Planning Director Pamela Sapetto recommending that Council conduct the Public Hearing this evening and continue to February 28 because of the length of the items -to be discussed. Ms. Sapetto stressed that the proposed plan calls for the sale of a portion of --one or two school sites but has no plans to sell the other three sites. When questioned regarding zoning on North School, Ms. Sapetto stated that zoning on all sites was established in 1975 allowing all open space and play areas to be retained as an open space zone and all built-up portions were zoned compatible with the surrounding areas. City Attorney Post advised Council that items are placed on the Zoning Map only by ordinance. -5- Minutes 2-14-84 SCHOOL SITES HEARING (continued Mark Mellenkoff of Jim Hinzdel & Associates, 4676 Admiralty Way, Marina Del Rey, advised Council that presently there are 17 acres of open space and the proposed agreement results in a net loss of 3 acres - 14 acres of open space remaining. When questioned by Council regarding the statute of limitations for inverse condemnation, City Attorney Post advised that if the zoning enacted is unconstitutional, it continues in that status. He noted that the staff recommendation states the proposed agreement is based on the fact, in part, that the General Plan policies are going to be promoted by this proposal, and this proposal, if approved, places more..open space zoned land in public ownership. This open space zoning is the most restrictive zoning but it does not guarantee the public use of what is essentially private land. This proposal places a portion of the open space land in public ownership which is a long-range guarantee of public use of that land. City Attorney Post stated the present school board is not bound by school board decisions re open space zoning nine years ago. Planning Director Sapetto answered questions of Council statins_; that should the proposed agreement and changes be approved, 73-163 houses could be built on the school sites - 27-83 at Hermosa Valley School. If the parcel maps were recorded, small subdivisions of less than four lots, all of the small R-1 lots on those parcels would be eliminated,. If_, when resubdivided, the zoning was other than R-1, only 40 units would be allowed. Councilman Schmeltzer noted that the net loss of zoned open space would be 3.3 acres.With the addition of zoned open space at Diddle School the net loss stands at 3 acres. If the staff recommendation to increase the open space at South School from 1.3 acres to 2.3 acres was adopted, the net loss would be 2 acres. City Attorney called attention to a memorandum that was distributed regarding the outline of procedures with proposed, resolutions and ordinances attached. When questioned by Council regarding the value to the City when an agency applies for open space designation versus the present school property designation, City Attorney Post replied that an open space designation would be placed on property based on good planning principles and that this application would represent an acknowledgment by the School District that they feel the zoning is fair. The Public Hearing was opened at 9:40 P.M. Coming forward to speak on behalf of the Hermosa Beach City School District, appellant, was Cathy Anderson who referred Council to the Development Agreement between the City and the School District which was approved as to form by the City Council in November of 1983. -6- Minutes 2-14-84 'SCHOOL SITES HEARING (continued) Ms. Anderson advised Council of the School District's need for $4 million for the improvement of Valley School. An analysis of each of the sites was presented using an overhead projector. In summary, Ms. Anderson stated that the School District was requesting that South School be sold, thus it is critical that they maintain the 99 units asked for. The City's benefit would be the acquisition of 4.38 acres of parkland. Commenting on the staff report and Council questions, she advised Council that the zoning in 1956 was various on the school sites. As these sites are presently zoned, there is 17.48 acres of open space and under the proposed agreement, there would be 16.05 acres of open space indicating a net loss of 1.4 acres which would be offset by the purchase of parkland by the City. Council stressed a large loss of open space at South School. Speaking in favor of the proposed agreement were: Chuck Sheldon - 25 - 9th Street - noted plant at Hermosa Valley School must be upgraded - School District has private property rights and money to upgrade. He supports staff recommendation and urges that Hermosa View zoning be restricted to school site. Roy Palmer, - 1909 Bayview - urged the retaining of the schools for future education and stressed concern re the sale of schools. Patty Jacob - 2728 Strand - urged Council to continue to negotiate. Bob Dana - 1601 Curtis, Manhattan Beach - teacher at Hermosa Beach School District - stressed decline in enrollment and necessity for compromise in the best interest of the children. Chip Schulte - 457 - 28th Street - necessary to provide best environment for children. Missy Sheldon - 25 - 9th Street - feels architectural plan is superb and is in support of revised staff recommendation. Urged that Hermosa View never be sold. Connie Ridgeway - Principal of Hermosa Valley School - stressed the decrease in enrollment, urged the sale of South School, and stated no negative comments from parents - 728 students in school system this year - new school will accommodate 800. John Haddon - 1255 - 7th Street - transferred daughter from private school to Hermosa Valley - would like guarantee that no other school site would be developed. Frances Parker - 521-1/2 Loma Drive - suggested light commercial for South School stating largest problem is density. Marian Milson - long time teacher at Pier Avenue and Valley School - cost per student very high - need to develop school site for economic feasibility. Seena Sharp - 1122 - 10th Street - noted 15% decrease in enrollment each year - suggests compromise and further negotiations -7- Minutes 2-14-84 SCHOOL SITES HEARING (continued In favor (continued) Hank Doerfling - 1011 - 2nd Street - in favor of an aa_reement - not necessarily this agreement - feels South end of town losing more than their share of open space - density would be increased with sale of South School and suggests more open spac-e than staff recommends --Nor School should bear the brunt of some development - child care facilities needed in both ends of town - recommends sale of some of North School site also. It was noted that the vacation of 17th Street occurred after the rezoning of the properties - no disagreement on the other sites - Valley School never rezoned. Lorna Johnson - 514 - 31st Street - spoke against questioning' the credibility of the school district and teachers - stated South School is the only school in town that is empty - Prospect Heights is closed bu completely leased. Speaking against the proposed agreement were: Francis Nolan - 658 - 6th Street - need for agreement but against 90 condos on South School - stressed need to take time. City Attorney Post, x:rhen questioned by Mr. Nolan regarding the acquisition of the school properties, replied that the properties were purchased with -tax monies of various kinds and, therefore, it is publicly supported land. Dave Jones - 334 Culper Court - pleased with Planning Commission decision - EIR would fit almost any piece of property in the South. Bay - wants 3 acre park and 40 single family homes on South School site - wants compromise. Roger Creighton - 1101 - 2nd Street - feels it should be up to the electorate to determine zoning. Christopher Fairchild 424 The Strand - asked Council to hear more public input. Wilma Burt -- 1152 - 7th Street - read from a letter date. September 22, 1980 from Rod Merl to the City Council School Subcommittee re school properties, particularly Middle School, North School and Prospect Heights School. She also referred to a letter dated November 3, 1980 to Jerome Scharfman from Rod Merl and she suggested City Council co back and renegotiate after researching this new input. Kathy Bergstrom - 32 - 21st Street - Resident/Teacher/Realtor - urging this issue be put before the people. Wynn Smith - 615 I.-Ionterey - feels high density in the South end of Hermosa is unfair. -8- Minutes 2-14-84 SCHOOL SITES HEARING (continued) Councilwoman Webber, for the record, stated that late in 1980 the City Council had an opportunity to keep the Boatyard site light manufacturing or as a boatyard site, but they chose not to and zoned it planned development. Clarence Hines - 1965 Manhattan Avenue - read from an article published in the Daily Breeze quoting the Easy Reader and spoke re high density, possible traffic problems and the need for the basics in school. A recess was called at 11:35 P.M. The meeting reconvened at 11:55 P.M. Bob Currie - 1509 Monterey - using visual aids, he spoke re the education of our children and the possibility of slant drilling on city -owned property for oil, giving the money to the schools to solve the financial problem. Betty Spicedal - 21 Duardo Place, Rolling Hills Estates - owner and director of St. Clare's Preschool who leases South School stressed desire to expand services and lease more space. Dee Strange - 600 - 10th Street - noted 4 out of 5 School Board members present and stressed high density, declining enrollment, one school for economic reasons. Leona Ayers - 1291 Bonnie Brea - urges best possible education for children and stressed "with no vision, people perish." Melody Matson - 710 Loma Drive - presented petitions with over 265 signatures urging the reconsideration of the School Board and City Council decision. Etta Simpson - 651 - 25th Street - urged this issue be put on the ballot noting that the citizens have a sizable vested interest Karen Haynes - 959 North Broadway - requested the opportunity to speak at the next meeting. Harold Spear - 50 - 10th Street - .feels this issue is too complicated to be put on the ballot and should be decided at the Council level. Parker Herriott - 224 - 24th Street - feels voter should decide this issue. Mayor Brutsch..brought this,item back to the Council. PROPOSED ACTION - That the City Clerk prepare, for the June 6 ballot, the two following questions in resolution form: 1. Should the South School site be developed into 99 condominiums? Advisory vote only. 2. Should the school sites be rezoned and sold to developers for the purpose of housing? Advisory Vote only. Motion Wood, second Webber -9- Minutes 2-14-84 SCHOOL SIT_.S HEARING (continued Prior to the vote on the above motion, City Manaq_er Meyer presented to the Council a schedule prepared by City Clerk Malone regarding the timing for any ballot measure for June or November 1984. City Attorney Post spoke regarding Councilman Wood's motion stating_ that it represents as advisory two questions that do not fully describe the proposal. Councilman Wood advised that it was not his intent to describe the proposal but to word those two questions as precisely as they are worded. Chuck Sheldon raised a point of order - tonight's public hearing was re the deal struck between the School.Board and the City Council., not whether this issue should be put on the ballot - suggests public hearing regarding this matter. Councilman Schmeltzer requested a point of personal privilege noting he has spent a lot of time on this issue stating there has been misrepresentation and stating that density is not an issue. PROPOSED AMENDMENT TO THE ABOVE MOTION - That this resolution would authorize councilmembers to write arguments for and against and the City Attorney to write an impartial analysis. Motion Wood (the original motion was acted on prior to a second and vote on this amendment) Point of order from Missy Sheldon asking that this motion be tabled until the next public hearing. City Attorney Post stated the motion on the floor is within the range of the discussions. Hank Doerfling addressed Council regarding the fact that this is an appeal of a decision by the Planning Commission and should the decision be made to put this item on the ballot, it could not act on the appeal. City Attorney Post advised that theoretically they could deny the appeal and put this matter on the ballot. His recommendation was that what was proposed to go on the ballot does not accurately put the issue before the voters. Christopher Fairchild spoke to the point of order stating that putting this issue on the ballot does not preclude the Council from continuing_ the Public Hearing on the appeal. PROPOSED SUBSTITUTE MOTION - To place this exact development agreement on the ballot in June. Motion Schmeltzer, second Barks AYES - Barks, Schmeltzer NOES - Webber, wood, Mayor Brutsch. Motion fails. Hank Doerfling again addressed Council stating that a June ballot is no better than a November ballot and that the Council and School Board should come up with the best possible agreement for the November ballot. -10- Minutes 2-14-84 P SCHOOL SITES HEARING (continued) FURTHER PROPOSED SUBSTITUTE ACTION - To place this issue on the November 6 ballot as an advisory measure. Motion Schmeltzer, second Barks AYES - Barks, Schmeltzer NOES - Webber, Wood, Mayor Brutsch. Motion .fails. Prior to the vote on the above substitute motion, coming forward were Lorna Johnson, 514 - 31st Street, with a point of order urging that a decision on this issue be made by the Council, - Dee Strange questioning Council regarding the reason for voting on this issue when the boatyard, etc. were not brought up for a vote and Wilma Burt stressing that the issue is the appeal of the Planning Commission decision. A vote was called on the original motion by Councilman Wood as follows: PROPOSED ACTION - That the City Clerk prepare for the dune 5 ballot the following two questions in resolution form: 1. Should the South School site be developed into 99 condominiums? Advisory vote only. 2. Should the school sites be rezoned and sold to developers for the purpose of housing? Advisory vote only. Motion Good, second Webber AYES - Wood, Mayor Brutsch NOES - Barks, Schmeltzer, Webber Motion fails ACTION - To continue this hearing to February 28 at which time it is expected that the City Council will make some kind of a decision as to what they want to do with that land. Motion Webber, second Schmeltzer AYES - Barks, Schmeltzer, Webber, Wood, Mavor Brutsch NOES - None Mayor Brutsch advised the audience that this Public Hearing would be continued open until February 28, 1984. PROPOSED ACTION - To adjourn to February 15, 1984 at 7:30 P.M. Motion Schmeltzer, second Mayor Brutsch Withdrawn by the maker of the motion and the second. City Manager Peyer noted that except for item 6 - Appeal from Denial by the Board of Zoning Adjustments of a variance on Property located at 906 - 15th Place. Other agenda items could be held until February 28, 1984. If the appellant was willing, all items - including item 6 - could be carried to February 28, 1984. It was recommended that all items, exclusive of item 6, be considered on February 28, 1984. The Chair advised that, as a matter of convenience, item 6 would be handled this morning. The Appellant advised he wished to have the matter continued until February 28, 1934 due to the lateness of the hour waiving the time until February 28. -11- Minutes 2-14-84 ADJOURNMENT (continued Councilman Wood stated that the applicant is in violation and a member of the audience wished to be heard. Iie urged that the matter be heard this morning. He suggested. that. the Public Hearing be opened, the audience heard, and the hea-ring continued to February 2.8, 1984. ADJOURNMENT On a motion by Councilman Schmeltzer, seconded by Mayor Brutsch (noting the objectionsof Councilmembers Webber and Wood) , the Regular Meeting of the City Council of the City of Hermosa Beach was adjourned at the hour of 1:15 A.M. on Wednesday, February 15, 1934 to a Regular Meeting to be held on February 28, 1984 at the hour of 7:30 P.M. -12- Minutes 2-14-84 i February 24, 1984 Regular Meeting of February 28, 1984 Honorable Mayor and Members of the Hermosa Beach City Council 1984-85 HERMOSA BEACH LANDSCAPING MAINTENANCE DISTRICT Recommendation: It is recommended that the City Council open the public hearing which has been duly noticed, scheduled for the regular Council meeting of February 28, for the purpose of taking testimony regarding the creation of a Landscaping Maintenance District in the City of Hermosa Beach. Further, should the Council find that there are not sufficient protests to terminate all further proceedings, and wishes to proceed in the creation of said District, that the attached resolution be adopted. The resolution represents the Council's directive, should they choose, to order the formation of the District which is to be adopted following the closure of the public hearing and any Council discussion that may ensue. Background: As a result of the November 8, 1983 election ballot advising the favorable creation of a Landscaping Maintenance District, 1481 in favor; 727 opposed, the City Council has taken the following actions: 1) City Council meeting of November 22, 1983 - Council approved the retention of an Assessment Engineer to initiate the creation of a city-wide Landscaping Main- tenance District. 2) City Council, at their December 6, 1983 meeting approved Resolution 83-4653 which orders the preparation of an engineer's report regarding the enactment of the Hermosa Beach Landscaping Maintenance District. 3) City Council at their January 24, 1984 meeting approved Resolution 84-4680 approving the engineer's report. Secondly, City Council approved Resolution 84-4681 which provides for the setting of a public hearing at the regularly scheduled City Council meeting of February 289 1984 at 7:30 p.m. for the purpose of public discus- sion regarding the proposed Landscaping Maintenance District. Ltz -2 - In addition to these actions, as outlined in the California Government Codes, it becomes necessary to notice all affected property owners. This entails the publication of the public hearing in a local newspaper as well as the mailing of a copy of the resolution to all affected property owners, approxi- mately 6,200 mailings. These steps have also been completed. A copy of the notice is attached. Included in the notice is an explanation in non -legal terms describing both the Land- scaping Maintenance District and Crossing Guard Districts as well as the resolutions that are pertinent to each of these Districts. Analysis: For the sake of clarity, the Analysis has been broken into separate subsections. All or portions of this section of this memorandum may be pertinent to the Crossing Guard District, and therefore may be duplicated in that memorandum. Definition So as to understand assessment districts, it is necessary to define assessment districts versus taxation. Simply put, assessments are benefits conferred and taxes are for the general public good. Thus, a levy on all property both real and personal without regard to special benefits is a tax but a levy made on the basis of benefit received is a special assessment and not a tax. Through the enactment of this District, the property owner received the benefit in that the Landscaping Maintenance District enhances the net worth of the community by its presence. Description of District The Landscaping Maintenance District, if enacted, would provide for the installation and administration of a Landscaping Mainten- ance District. This District would be city-wide and be based on a benefit ratio that the property owner receives. This would be by determined by the location of the property in relationship to city parks, landscaped medians, and land- scaped areas. Seven benefit zones are proposed and are as follows: Approx. Zone Rate Assessment per Typical 40' Lot 1) G 1 $ .4C)per 1 ineal $ 24.00 ft. of to frontage 2) G 2 $ 1.per lineal $ 44.00 ft. ogf, of frontage 3 ) Z 2 $ 1.3 0-" per lineal $ 50.00 ft. of lot frontage -3 - Approx. Zone Rate Assessment per Tvpical 40' Lot Approximately 80% of the property within the city falls within the G1 or G2 zones. The total estimated cost for the Landscaping Maintenance District in the City of Hermosa Beach for 1984-85 fiscal year will be $316,222. Of this amount, the Landscaping Maintenance District will provide for $237,166.50 leaving the city's contribution at $79,055.50. The city's portion will be financed by the General Fund. Procedure for Conducting Public Hearin The following is a suggested method through which the public hearing may be conducted: Mayor: This is the time and place set for the public hearing on the Hermosa Beach Landscaping Main- tenance District No. 1984-85. Madam City Clerk - Has the mailing, publication and posting been completed as set by law? City Clerk: Yes, Mr. Mayor, all three requirements have been completed, we have the affidavits for same. Mayor: Does the staff have any further information to report? Staff : Response. Mayor: Declares "Public Hearing is now open". Madam City Clerk - Have you received any written protests? City Clerk: Yes, your honor, we have protests. Mayor: The law requires that the City Clerk present all written protests to the City Council City Clerk: That is the extent of the written protests. Mayor: The Assessment Engineer will respond to the protests. 4) Z 3 $ 1.60 per lineal $ 64.00 ft.) o- lot frontage 5) Z 4 $ 2.00 per lineal $ 80.00 ft. of lot frontage 6) Z 5 $ per lineal $ 96.00 ft.//, of lot frontage 7) Z 6 $ 2.V per lineal $ 96.00 ft. of lot frontage Approximately 80% of the property within the city falls within the G1 or G2 zones. The total estimated cost for the Landscaping Maintenance District in the City of Hermosa Beach for 1984-85 fiscal year will be $316,222. Of this amount, the Landscaping Maintenance District will provide for $237,166.50 leaving the city's contribution at $79,055.50. The city's portion will be financed by the General Fund. Procedure for Conducting Public Hearin The following is a suggested method through which the public hearing may be conducted: Mayor: This is the time and place set for the public hearing on the Hermosa Beach Landscaping Main- tenance District No. 1984-85. Madam City Clerk - Has the mailing, publication and posting been completed as set by law? City Clerk: Yes, Mr. Mayor, all three requirements have been completed, we have the affidavits for same. Mayor: Does the staff have any further information to report? Staff : Response. Mayor: Declares "Public Hearing is now open". Madam City Clerk - Have you received any written protests? City Clerk: Yes, your honor, we have protests. Mayor: The law requires that the City Clerk present all written protests to the City Council City Clerk: That is the extent of the written protests. Mayor: The Assessment Engineer will respond to the protests. Assessment Respond to written protests. Engineer: Mayor: Are there any persons who wish to make a com- ment or oral protest? The oral protestants make their statements at the microphone. Assessment Respond to questions or oral protests. Engineer: Mayor: Are there persons wishing to speak in favor of the District? Mayor: Closes public hearing. Mayor: Asks if the City Council has any questions. Questions are answered by city staff and the Assessment Engineer. Mayor: If there are no further questions, the City Clerk will call for a roll -call vote to confirm the Assessment. City Clerk: If District is approved, assigns Resolution of Confirmation a number. What Constitutes a Protest At any time prior to the time set for the public hearing of protests against the formation of the proposed District, any property owner liable to be assessed may make and file with the clerk a written protest stating his opposition to the proposed District. Protests shall contain a description of the property sufficient to identify it and shall be delivered to the clerk. The clerk shall stamp it received and at the time appointed for the public hearing, present all protests to the City Council. Any portest may be withdrawn by the person making it prior to the conclusion of the hearing of any adjournment thereof. At the hearing, all protests shall be heard and considered. If the legislative body finds that more than one-half of the owners of property within the proposed District who also own more than one-half of the assessed value of land and improve- ments included within the proposed District and subject to assessments, have filed written protests which are not with- drawn prior to the conclusion of the hearing, the City Council shall, in its discretion, either terminate all further proceedings or submit the question of the formation of the District to a vote within the territory of the proposed District. If the proceeding is terminated, no subsequent proceeding for the formation of the same or substantially the same district shall be commenced within six months thereafter. If the City Council finds that the protests filed are less than a majority in number and assessed value, it may continue with the hearing. Except in the case of a majority protest, the City Council may sustain or deny any or all protests and its determination. -5 - is final and conclusive. Any protests not made at the time and in the manner required are deemed waived voluntarily. Any and all protests may be overruled by a four-fifths vote of all members of the City Council. To date, only five written protests have been received. They are attached herewith. Additional Information: As is the case with the Lighting District that is currently in effect, the Landscaping Maintenance District must be renewed annually in the same fashion that was utilized in its creation. A resolution ordering an engineer's report and the approval of that report as well as the setting up of a public hearing are necessary. What is not necessary is the mailing of 6,200 notices to all owners of property within the city. The creation of this District would reduce the potential dep- endency on the General Fund by $237,166.50 Charles Clark, Director of Public Works Concur: l ►'yl Gre Cit ory T. Beyer, Manager CC:md Attachments CITV 01V � CIVIC CENTER HERMOSA BEACH C A L I F 0 R N I A 9 0 2 54 ~� CITY HALL: (21 3) 376-698 POLICE AND FIRE DEPARTMENTS: 3 7 6. 7 9 8 NOTICE OF IMPROVEMENT Dear Hermosa Beach Property Owner: On %o%%mber 8, 1983, the voters of Hermosa Beach cast their ballots upon two referendums pertaining to the establishment of a Landscaping Maintenance District and a Crossing Guard Maintenance District. They were both approved. The landscaping Maintenance District by a ... _.._ .. wte Of yt`S 1, 1�1 �� }reed n►mr..�rvrra.cr�1 no 691. These Districts are now in the process of being implemented by the actions outlined in this notice. As proposed for the Landscaping Maintenance District, assessments will be based _ cn the lineal foot frontage of the lot. A typical levy would be apprcminutely $1.00 per lineal frontage foot per year. In regard to the Crossing Guard %laintenance District, a typical levy would be appro"Yilz>,tely $9.00 per year per parcel of land. Both of these assessments would be included as part of the yearly tax bill. On February 28, 1984 at 7:30 p.m., the City Council of Hermosa Beach will hold a public hearing to accept input. Should you wish to ccament, please attend. If you are unable to attend, written ccamunication will be accepted up until 5:00 p.m. on February 28, 1984. 'This correspondence should be addressed to the attention of the Public Works Department, City of Hermosa Beach, 1315 Valley Drive, Hermosa Beach, Cd 90251. Please include your name and address on all correspondence. Questions regarding either of the Districts should be directed to either Patrick Rossetti Assessment Engineering - 832-5048 or the City of Hermosa Beach - 376-6984 Ext. 214. CITY OF HFRIMA BEACH RESOLUTION NO. 84-4681 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS.INTENTION TO ORDER CERTAIN MAINTENANCE OF EXISTING LANDSCAPING IN THE DESIGNATED AREAS, REPLACEMENT AND MODIFICA- TION OF SAID LANDSCAPING AS IT BECOMES NECESSARY WITHIN SAID DISTRICT, 1 FOR THE FISCAL YEAR BEGINNING JULY 1, 1984, AND APPOINTING A TIME AND PLACE FOR HEARING PROTESTS IN RELATION THERETO. CITY OF HERMOSA BEACH LANDSCAPING MAINTE14ANCE DISTRICT NO. 1984-1995 THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE. DECLARE, DETERMINE AND ORDER AS FOLLOWS. SECTION 1, That the public interest and convenience require, and that it is the inten- tion of the City Council of the City of Hermosa Beach, California, to order certain land- scaping maintenance along portions of streets, avenues, places, medians, designated main- tenance areas and rights-of-way within said District, all as shown on DIAGRAM and PLAN NO. 1984-1985 and SPECIFICATIONS 140. 1994-19.95, on file in the office of the City Clerk, to be maintained, replaced or modified, tor rhP fiscal near h i t 1 1984. All of the work and specifications and dated Jana ry ref-rred 'Lo'G ?� �e)� i c.• !S ' • �''.�� rte. }.��'+•+C,++G�, 1-7 C p 4 :: .. .',�`�,i`.r' .• - .. •• ,ate �, ��,. * ,y..,. Pk �� -'_.. .,- _ c.�. _ �: '•.. .' `,• t— t'al��'��!��i•x'�'�+�L�'�C��f�t�.� �'r11!!'�(a -•v}r � ' r •,' y `�. ��.,��� �'y . �._•�e-�,�. ,.- � _ �,�.. .ey}����,,�.q _ ' r - •Y •r 'ti'L . ''iYl�X�{I.Y"^`^��/" !�, F'} t "e y'•r'ti:`�,e+�St••'v3'+ }�i''��•� .r���5.�...'_;.C!wa' Xr+:: •?iS: C� `ve> r.: Y>..� �s,-; v...[a.►�, i� .• " -R y `.; a'•.r.�cma•r,....s,rty--� ? v.��,,a �, ,� rvr •-... _,y...� .,y„ L •.•«•� +:: S ..t n , + s R�.s`t � •i . w.+. «cJ .�'X".4..y,:h,S..�• `r 4��.•`�``�41f ti""•k- � ,•., ���. - .�.� a . • i::: ' "Rr �.-, t � ,s. �,.�+•� �- ° ..i,� •>. r.1:: ••L..'r`" f� -'� y,,•. s•�''_�r-�n�-�'.iar., >..".`�' PJM" :�•�-i., - r<t ..- _ r _„i, s- �� .nom..,:. 'Y+Marw-+S'7sr!mti�`h'•a4�i-�;'►ri%io 1++• - � ,.-. h � �_ �: .- .._ - - - .:.r"� w. - - ,.. -. l.- - .., ��` _,':� ea _ O'4j¢+c-7.i.+ 7•r _•*e'r.+-y .x{ rw-e.reG7M•�> -'rr+'"!ak••SIVi..-a,w3,K.Fd r4.y �rn.,no�•s vv. .a.a �•r, .-...-.-w. :,C:.—..::^"'C'�ai..�,ie+:.rw.•ti.::.,c. �+-.•..+`��.:+w;�:.--lYc �" - r:.: L.:a:a,�'. r.. r .. _. M :• - :-._ - -. �••-• o"t (Q- AC ..cLJ kL )Vs4 -jjCu. 3-k oi ... 'vi'H^+ %.t' .f-• .a.v �.>„+..�_rgati.. •.- .,.aa:>�.. �:::i:...:+a: Y:ec,r.:r. ^.�ir.�••:•a--.�«="r::wn. 'i -.w•!'.:'.�'� ry_�S ^' - ..�-.�wis l - ..4 �•wwv-::,.,471•:a.•e -ks rfi--sq-..cn.� s-•n_us �.ti ts.aicticLa �.���� � .� �. _. - ^t:.�..i��.},s.:i.?,,�v--d.Lei?y".1+..,`.'?.rt:•�i•:Y,t'�..4�... ?. "d'wi:a�iww� -.r .�iN.� �+i.i�•,Y• • z-_e�...s'. �.e.+� - - ,. _ - - Gj.n. Y.x :s,^.:'�':=�:i.:. ,`•, r3ti. .vri1rw�: .� -i•'s, e�YYr�i:.4:.aw•R._•:.^;'��.r�y ��2t ::�;�.-- � , - _ - � ti`s .�-•�'1 �1� �-��-� -�.��_ - �, /-�,�-q:yi��.�.�.� .•y^ - ti,," ��' .\ � ' , � .ems -.'y _ ..�- �\W/l�'1j/) j 6- _ / `,i`1.C;�-�.�.,��.�-c� 1 �.,� � YJ 0�, i•l � � � �-�., __ F �. . a�,�_.a-a a.r�h•._V..•.r - --- r. ---c-:, ^•-c --• ---r. �•. .�,.-->--.- - ......-.. .+--�----s - _.•'4:� _ _ ••�•--- •��w►..- M �.: .. -�Gti:.iw�:.:.�iln•r�4el+`9'_-'- .+.:<<e.�-1..�s"�"r'•'..a..a: ".�►:er .r��+`��e}�S.r',�'�+�7�y..��''S�-.8�r.�:F";;7�+.+•%t��;�iw'�`�':�'.�'r�ss�'rN-�T' e%�'�1�rFntii-.`"•��"..�',�,'3�i�.:�S�6r*� ,'�:-s_'��•�!.�A":r►�� i ✓t.:=. ; :�;: � r .::f1 ..:; �. f.. � , 4 ..�.Zr-s s'..v+-� Ah4-- �wv- .-s.:�. 7'e ,.¢ +�Z�At.--a2ek���2i-•. :�.e' + YY;' .a�.�'i_' 1 .. > ` NCyy 4.Y •ter ^, f \: X' -•2ff �. --F.-�"��"SE.ie � � � •:ju:,r,'.. rS'�y°� ,.:� .!-�•i:.t<:27st..�le�i,�kyk.`.�. �} * � r,.�^y„ �. �. ,z.. } " +,•. .r- �� �7�. 1. t ''}-hS:,"`v \-,..' �.Y ..�.�: .,.. �'-3'.f,��J F fit. _ ii(' i. `n L, ♦ r t •- fY�f,rik� s� 7 >.r <•e-.a«..��<{�.�,,�oFiri�LT`r�•i+•c'lkw•'4�+r+�cgAwr•+w?.+�.sby'RYt.N.:-�•-.xfrx!t:i�o.•! _.:_v.re...uno��. r:.eu4.' •--�•;a?a1�'.nV»riyr �'4..ore ^'d�z�t��++n,i�cca,,+_�;> >.t+p =-'>r.-v.n .-.:tir.�. .ti•'C �e..:�.' .: �.r-. ..:w.J�.�+.wt i..� .r:..f:�1f•Kew.-i.•4- ..�.wa.-.•�•: ":: •,•. -... �- .--�-•-L. M7--r-�.. ,..... : Y�;�sv..•'- -ice_-. .-a. .-..:-...-..•wn.. i ��J 1 CU., February 21, 1984 TO: City Manager, City Clerk FROM: Charles J. Post, City Attorney SUBJECT: Proposed Assessment Districts, Crossing Guard Maintenance (Gov. Code § 55530 et.seq.), Land- scaping (Streets & Highways Code § 22500). This memo is to summarize the rationale of the two proposed maintenance districts identified above. It is for the assess- ment engineer and, if you think it helpful, for the agenda packet. Where public improvements provide special benefits to identi- fiable real property, the owners of the property may be assessed the cost of those special benefits. Where the benefits of a public improvement are diffused throughout the community, the general public pays for the benefits through general taxa- tion. Taxes measured by the value of real property and special taxes are now limited by Articles XIIIA (Prop. 13) and XIIIB (the Gann Initiative) of the State Constitution. Special assess- ments, however, are not limited by these constitutional provis- ions (see, for example, County of Fresno v. Malmstrom (1979, hearing denied 1979) 94 CA6Q 974, 985, 156 CR 110, 117; American River Flood Control District v. Sayre (1982) 136 CA3d 347, 355, 186 CR 202, 206; Solvang Municipal Improvement District v. Super- visors, County of Santa Barbara (1980) 112 CAOu 545,557, 189 CR 391, 398.) Public agencies have wide discretion to fashion assessment for- mulas so long as they are reasonably calculated to promote the objectives of the district and evenhandedly applied, provided that the enabling statutes are complied with, especially as to the procedure for setting up the dlstricu.. In each of the proposed districts there are slightly different procedures and slightly different methods for determining whether a majority protest exists. Care should be taken to anticipate how these procedures are to be followed for each district. The City Clerk and other departments will necessarily be involved in the process. Respectfully submitted, (Zt� Charles J.t City Atto y CJP/ld 18 . --� �i�.-�-.4/ �'c-,�_r�✓ �=��- � �'.-�-� `yC mac. . ; � -tet,-rc-rte_ � � ✓�-r� .�-7�-rye-�c-r!./ l / �'-ems-y �i y ■-G-� -lir/ -.mss--L-�-�t� C� '.�r—r-�t-��Z�i •�,-✓ /t_P.� .�ya�� �� v - .. �G,�c�,./ ..-'L-�� .tires--.z�,. ✓�%'�-�J ' �/ ✓t-c�-G'-..�_-cam -, ✓ C i �%Lr --yam _c . : C 6--,z� ti.Z�c��-J �c=1u� L/ �7Z7 . �/��, Cti,1(�!i✓r !✓ ��2z''yi2�---c -=--•� E' rt s'' � � t.�� �(/, . Zl .. /zr�Jl,_Y�-71�� �✓V i• L-/l /(: -'�y,� ��1�-�iy'Y T �•1n_•-cZ.--C{� �--7/ �' - r --. �C.-tJ �7C--2�1� .-z'._.� ��,p�' ,r,.J`L2�� �'C.�i��-�'�L�-�---v--�9� ��L Q.. �J�-�'�•-! �--( �'G-sc�' a-�✓ � �-���-_C _�-_�. ��.� _vim ...�� . � �e��u-•--� .�7•-..-c--c..c� � T --� --z.: ii�c.�y) � c- -G�L-� f�--ca-�-/— ��'y �- -�L•�.�'-"�'Lc-�-�Y,.=;a.�: ..iL-p G�-� �-i� ... "�" �' ��y,��ty =—�- 7 -�-c. -,� s.- ,rL% '�'1 ,� .l—s�c�-G•c./--i-t'-7-Z-�1� , i RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING THE REPORT OF THE DIRECTOR OF 1 PUBLIC WORKS DATED JANUARY 20, 1984, PREPARED PURSUANT TO RESOLUTION NO. 83-4653 AND APPROVED PURSUANT TO RESOLUTION NO. 84-4680 OF SAID COUNCIL, AND THE PLANS, SPECIFICATIONS, ESTIMATE, DIAGRAM AND ASSESSMENT CONTAINED IN SAID REPORT; ORDERING CERTAIN LANDSCAPING MAINTENANCE, RENOVATING AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY 1, 1984. HERMOSA BEACH LANDSCAPING MAINTENANCE DISTRICT NO. 1984-1985. WHEREAS, the City Council of the City of Hermosa Beach, California, did in Resolution No. 83-4653 of said Council, pursuant to the provisions of the "Landscaping and Lighting Act of 197211, (now Part 2 of Division 15, Section 22500 et seq. of the Streets and Highways Code of the State of California), require the Director of Public Works of said City to make and file with the Clerk of the City Council a report in writing, presenting certain matters re- lating to the proposed Hermosa Beach Landscaping Maintenance District No. 1984-1985, as contemplated under the provisions of said Act; and WHEREAS, the Director of Public Works, pursuant to the requirements of said City Council as expressed in Resolution No. 83-4653, did make and on the 20th day of January, 1984, file in the office of the City Clerk(who is ex -officio Clerk of the City Council) of said City, his report in writing responsive to the requirements of said Resolution No. 83-4653 and as contemplated under the provisions of said Act; and WHEREAS,, the said City Council did in Resolution No. 84-4680 approve said report on the 24th day of January, 1984, in conformity with the provisions of said Act; and WHEREAS, said City Council did thereafter and on said 24th day of January, 1984, pass its Resolution of Intention No. 84-4681 declaring its intention to order certain landscaping maintenance, renovating and replacement and appurtenances to be maintained for the fiscal year beginning July 1, 1984; and WHEREAS, said City Council did on said 24th day of January, 1984, in its Resolution No. 84-4681, fix and designate Tuesday, the 28th day of February, 1984, at the hour of 8:00 P. M. of said day as the time for hearing protests in reference to the proposed maintenance and assessment, at the Council Chamber, in the City Hall, Civic Center, in the City of Hermosa Beach, California; and WHEREAS, at the time and place above stated for hearing protests in refer- ence to the proposed maintenance and assessment said Council did proceed to hold and did hold such hearing; and WHEREAS, at the time and place above stated for hearing protests in refer- ence to the proposed maintenance and assessment, certain written and oral protests and objections were filed and presented, which said protests and ob- jections were fully and regularly heard and considered by said Council; and WHEREAS, said City Council being fully advised in the premises, does hereby proceed as follows: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That said Council does hereby deny all protests and objections and does hereby approve, confirm and adopt the said report of said Director of Public Works dated the 20th day of January, 1984, and does hereby approve and confirm the assessmentfor said proposed maintenance as set forth and referred to in said report, which said report is now on file in the office of the City Clerk of said City, open to inspection, hereby referred of and made a part hereof; and said City Council does hereby also confirm and adopt the respective instruments therein contained and designated therein as SPECIFICATIONS, DIAGRAM AND PLAN NO. 1984-1985, Estimate of Costs and Assessment, all of which, on file as afore- said, are hereby incorporated herein and made a part hereof. SECTION 2. That said Council does hereby order the said contemplated main- tenance to be made in accordance with the said PLAN and SPECIFICATIONS therefor, so adopted and approved, and does hereby order and determine that the fiscal year referred to in said Resolution of Intention No. 84-4681 shall be and the same is hereby fixed and established as the period commencing on the Ist day of July, 1984, and ending on the 30th day of June, 1985, both dates inclusive, as therein set forth; and said Council does hereby levy the said proposed total assessment made to cover the costs and expenses of said improvement upon the respective several subdivisions of land in the assessment district described in said Resolution of Intention No. 84-4681 and as fixed and determined by said report, dated January 20, 1984, and the proposed assessment, filed therewith, as aforesaid, in the office of the City Clerk of said City, for the fiscal year beginning July 1, 1984 and ending June 30, 1985, both dates inclusive. SECTION 3. That the City Council hereby orders and directs the City Treasurer to establish a special fund entitled,"Hermosa Beach Landscaping Maintenance District No. 1984-1985 Fund'; and who shall place into said Fund all payments of assessments received from the County Tax Collector and pay- ments shall be made out of said special Fund only for the purposes provided for in said Part 2, Division 15, Streets and Highways Code of the State of California, as set forth in Chapter 5, Section 22655, of said Code. SECTION 4. That the City Clerk of said City is hereby ordered to transmit, or cause to be transmitted, to the County Auditor of Los Angeles County, State of California, as contemplated under the provisions of the "Landscaping and Lighting Act of 197211, the DIAGRAM and ASSESSMENT upon which such levy is based, and the County Tax Collector of said County (who is also the City Tax Collector for said City) is hereby designated, required, empowered, authorized, instructed, ordered and directed to make collection of all assessments shown in said Assessment and to perform the acts and duties as are required by law of and to be performed by the officer, employee, or person so designated. SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered in the book of original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted. -2- SECTION 6. That this resolution shall take effect immediately. PASSED, APPROVED AND ADOPTED this 28th day of February, 1984. MAYOR OF THE CITY OF HERMOSA BEACH, CALIFORNIA. ATTEST: CITY CLERK (SEAL) STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF HERMOSA BEACH ) I, CHARLOTTE MALONE, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Resolution No. 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 held at the regular meeting place thereof on the 28th day of February, 1984, by the following roll call vote, to -wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: (SEAL) APPROVED AS TO FORM: CITY ATTORNEY CITY CLERK AND EX -OFFICIO CLERK OF THE CITY COUNCIL, CITY OF HERMOSA BEACH, CALIFORNIA. -3- Three Point Motion 1) Deny the appeal and uphold decision of the Planning Commission. 2) Instruct the City Manager to communicate to the Board of Trustees and Superintendent of the Hermosa Beach School District the City Council's interest in a purchase of the entire South School site, the lower playgrounds at Prospect Heights School at Hollowell and Prospect, the Seaview Parkette at 19th and Pros- pect, for a price not to exceed $3,500,000 (including $100,000 of Z'Berg funds for purchase of Seaview Parkette). 3) That the City Manager make recommendations regarding potential financing techniques to acquire the school sites. DAVID H JONES 334 Culper Court Hermosa Beach, ,rA 90254 February, 15, 1984 Dear Hermosa Beach City Council The Hermosa Beach City Council will decide how to dispose of South School in Hermosa Beach on Tuesday, February 28th. That in fact is all they will decide. All other aspects of the proposal under consideration are eyewash, rhetoric and "pie in the sky" promises by this particular school board. lie must insist that adequate open space at South School be maintained. To trade 4.4 acres of valuable Hermosa Beach open space for 1.3 acres open space and to trade 13 R-1 units for 99 R-3 units is not just. Each school site, if they must be sold off one by one, must stand on its own merit and not be lumped together. The reduction of 4.4 acrs to 1.3 acres of open space does not meet our communities needs, nor does a high density housing project. The City Council, who ran on low density platforms, must heed the facts, their campaign promises and the recom- mendations of the Planning Commission. The Planning Commission rejected the total proposal. If the zoning must be changed at South School, at least 3-'2 acres should be preserved for open space and a low density developement R-1 should be the limit. If this does not generate enough money for the School Boards "best school in the Southwest",then we should reduce are monetary goals to a "good school" in Hermosa Beach. If the School Board still needs money, let's sell a portion of North School to make up the balance. The total community should compromise on this issue not just the southern section. GdHL 3r 7 o C -1k a �o '70 A. k861' - _ ti 7e AZ s-_ - February 14, 1984 Public Works Department ,d't9aQ City of Hermosa BeachE i 1315 Valley Drive Hermosa Beach, CA 90254 To Whom It May Concern: I am the property owner at 225 Longfellow, Hermosa Beach. I reside in Manhattan Beach and as a result could not vote on the two referendums pertaining to the establishment of a "Landscaping Maintenance District" or a "Crossing Guard Maintenance District." I will be out of town on February 28th, the date the Council expects to take action. This letter requests some answers to some questions which I will include in this epistle, each question will be underlined, and all of which I would appreciate an answer from you. If you have had landscaping in the past in certain areas, who took care of it and how was it paid for? The same question applies to the crossing guard question. What benefit on landscaping is available in the area of my property at 225 Longfellow? What do you mean by approximately $1.00 per lineal frontage foot? Does approximately mean more or less than $1.00? How have you paid for crossing guards up to this time? Why cannot this payment for crossing guards be continued as it was? I do, however, believe that crossing guards are essential. It is apparent to me that my taxes will escalate substantially as a result of the referendum. I wonder what the City Council does to hold the line on costs? Please reply. Sincerely, r J. N. Hamilton 448 Altura Way Manhattan Bch, CA 90266 +IgNs?rs 8lov,cy, 'cE 17' i'TT u dt ?E b �a� 4Zo .UfG STT 0accT� mm*�- Cie 0110 OPT- �j - Lam•' .'-.` _^'p-.''.-YTW T 4F-� �:' ... c_ E sm 'WIT .off M TaTge Thr T�', r�• �` ; atm d3iE T Ww 47V?..AgTTcX Dzj G HOX4U 01tSk 8� 49xh. TV' TUI F--pI� soy k861 83J rvo i I -g,j. N0 D V7-9rll' V Feb. ?P, 19 City of Hermosa Beach: ZI I did not vote for establishing a Landscape Maintenance District or Crossing Guard Maintenance District. de did not receive the Notification Improvement letter from the City, but it was called to our attention by a neighbor. Since I feel that surely there must be adequate funds to maintain landscaping and crossing wards for our city already collected I am against the exhorbant fees asked for over and above what we already pay. I am not in favor of yore taxation or assessments and want this letter to be my protest. Yours truly, Irs. t in W. Woolslair 5L r� - 30th St . Hermosa Beach, Calif. SUPPLEINIENTAL INFORNIf /i i DAVID H JONES 334 Culper Court Hermosa Beach, ,VA 90254 Februaryti 15, 1984 Dear Hermosa Beach City Council The Hermosa Beach City Council will decide how to dispose of South School in Hermosa Beach on Tuesday, February 28th. That in fact is all they will decide. All other aspects of the proposal under consideration are eyewash, rhetoric and "pie in the sky" promises by this particular school board. We must insist that adequate open space at South School be maintained. To trade 4.4 acres of valuable Hermosa Beach open space for 1.3 acres open space and to trade 13 R-1 units for 99 R-3 units is not just. Each school site, if they must be sold off one by one, must stand on its own merit and not be lumped together. The reduction of 4.4 acrs to 1.3 acres of open space does not meet our communities needs, nor does a high density housing project. The City Council, who ran on low density platforms, must heed the facts, their campaign promises and the recom- mendations of the Planning Commission. The Planning Commission rejected the total proposal. If the zoning must be changed at South School, at least 3-'2 acres should be preserved for open space and a low density developement R-1 should be the limit. If this does not generate enough money for the School Boards "best school in the Southwest",then we should reduce are monetary goals to a "good school" in Hermosa Beach. If the School Board still needs money, let's sell a portion of North School to make up the balance. The total community should compromise on this issue not just the southern section. eS erely,. Se, 1 J ne SUPPLEMEN 9 AL IT e LI rNP.O. Box Number 338 Hermosa Beach, Calif. 90254 (213) 376-8961 , VOL. XIV February 27, 1, Dear Parents, Over the last few years, the Board of Trustees, staff, and representatives of the coirTnirAty have worlzed -together to develop long range plans for the Hermosa ;each School District. Obviously, the primary goal is to provide the best possible educational system by utilizing all of its resources effectively and.C> efficiently. The plan 'largest developed is to consolidate all students at the p largest and most centrally located site, Hermosa Valley School, This plar, would more program opport- iaii ties, greater flexibility, and a bette.r use of our f, _' i__ UL -3.3jl ties. To generate funds to modify and expand Valley School, the Board pl.amied C� to sell South School, after seeking city council approval for rezoning. 1� .r L : e Recognizing that the city of Heirmosa Beach has a need for PLIbI C. recr, atlic_ space, two representatives of the Board met red Ularly with two of -the city council. This subcorz-ittee negotiated a mutually beneficial develop.- rn,,-nt agreement which rezoned portions of :,school prope3.-ties and enabled the co7nini-inity to 4.38 acres of open space for public parks at below mal -'rives. The dev�lopment agreement was approved by the Board of Tri:,.stees, at JD S r,eeting of november 30, 1983. The school property/public park issue thee. went to the city decision j-r.,ikLn.g proce--s one BZA -l..'ic-etinrT on December 19, 1983; four plalyning Me-e-'Gings of jana­ L' ary 3, 17, 26 and 31; and 'Ellie city council mceting of Febri_i.ary 14, Public at these meetings ranged from full support to no support for the a-ree.:-_,1�:,_n-1[­ Cor. ­ cerns were raised on such issues as need for' public parks and open s ),­ce, densi` I - �Yy traffi(., preschool housing, and sewers. Therefore, the school board ac-endlzed the topic for p,f0lic discuss -ion at -its _ie.::Aing of February 22, After Tinich discussion, the Bo,--i.-d voted to reaffirm its go -0 of a one school site at Hermosa Valley School a --id to .'withdraw its appeal to the --ar-ning co-,_irilission decision of january 'I. The Board will now be e-ypl(--)r- n- other plan -s, to ri.eC, L its c, - L ar, U ds, as wel", j needs, One idea is that of 1 -and trade with the city. _L �j The Board of Trustees `-s interested in hearing your views on this land -11�rade !0n i. or on any other t-_Jme1,,, idea. If there is, no viablo and timely sc'ution the Board, L w '11 need to sell more than: one school site (probably South and _?I'Ospe-A He2lghts)y -, and in fact will. be ccnsiderinr- that option at the jr,3111-1-c school. board of ',%airch 1-4, 1983, DO LFT US hEAR FROM YO"U1 I Call: Leslie White 376-6616 Carol Reznlchek 374-2654 Karen Gal- John Cioffi Pegg O'Drd Brien 37 7 r1z 18 37 2-6_7' 2 372-6933 -h ank you for your inter,,:�st. ; " i n C C rely, (,oroy Marilyn Corey, Sitperintendent 376- 8961 L P. dt February 23, 1984 Regular Meeting of February 28, 1984 Honorable Mayor and Members of the Hermosa Beach City Council 1984-85 HERMOSA BEACH CROSSING GUARD DISTRICT Recommendation: It is recommended that the City Council open the public hearing which has been duly noticed, scheduled for the regular Council meeting of February 28, for the purpose of taking testimony regarding the creation of a Crossing Guard District in the City of Hermosa Beach. Further, should the Council find that there are not sufficient protests to terminate all further proceedings, and wishes to proceed in the creation of said District, that the attached resolutions be adopted. The resolution labeled #1 modifies the Crossing Guard District so as to more clearly define the benefits conferred by the establishment of benefit zones as is deemed necessary in the creation of an assessment district. The resolution labeled #2 represents the Council's directive, should they choose, to order the formation of the District which is to be adopted following the closure of the public hearing and any Council discussion that may ensue. Background: As a result of the November 8, 1983 election ballot advising the favorable creation of a crossing guard district, 1517 in favor; 691 opposed, the City Council has taken the following actions: 1) City Council meeting of November 22, 1983 - Council approved the retention of an Assessment Engineer to initiate the creation of a city-wide Crossing Guard District. 2) City Council, at their December 6, 1983 meeting approved Resolution 83-4652 which orders the preparation of an engineer's report regarding the enactment of the Hermosa Beach Crossing Guard District. 3) City Council at their January 24, 1984 meeting approved Resolution 84-4678 approving the engineer's report. Secondly, City Council approved Resolution 84-4679 which provides for the setting of a public hearing at the regularly scheduled City Council meeting of February 28, 1984 at 7:30 p.m. for the purpose of public discussion regarding the proposed Crossing Guard District. -2 - In addition to these actions, as outlined in the California Government Codes, it becomes necessary to notice all affected property owners. This entails the publication of the public hearing in a local newspaper as well as the mailing of a copy of the resolution to all affected property owners, approximately 6,200 mailings. These steps have also been completed. A copy of the notice is attached. Included in the notice is an explanation in non -legal terms describing both the Crossing Guard and Landscaping Maintenance Districts as well as the resolutions that are pertinent to each of these Districts. Analysis: For the sake of clarity, the Analysis has been broken into separate subsections. All or portions of this section of this memorandum may be pertinent to the Landscaping Mainten- ance District, and therefore may be duplicated in that memorandum. Def inition So as to understand assessment districts, it is necessary to define assessment districts versus taxation. Simply put, assessments are benefits conferred and taxes are for the general public good. Thus, a levy on all property both real and personal without regard to special benefits is a tax but a levy made on the basis of benefit received is a special assessment and not a tax. Through the enactment of this District, the property owner receives the benefit in that the Crossing Guard District enhances the net worth of the community by its presence. Description of District The Crossing Guard District, if enacted, will provide for the installation and administration of a crossing guard program. Seven crossing guards will be provided for at the following locations: 1) Gould Avenue and Morningside Drive 2) Prospect Avenue and Aviation Blvd. 3) Gould Avenue and Valley Drive 4) Pier Avenue and Monterey Blvd. 5) Hermosa Avenue and Twentyfifth Street 6) Pier Avenue and Valley Drive 7) Pier Avenue and Pacific Coast Highway The total estimated cost for the 1984-85 Crossing Guard District will be $52 000.02. If the District were not to be enacted, it would be necessary to utilize General Fund monies to finance this program. -3 - Assessments have been broken into three separate levels: Zone 1 - Property owners east of Pacific Coast Highway. Cost - $6.58 per year per parcel. Zone 2 - Property owners south of Nineteenth Street and west of Pacific Coast Highway. Cost - $8.85 per year per parcel. Zone 3 - Property owners north of Nineteenth Street and west of Pacific Coast Highway. Cost - $13.22 per year per parcel. Procedure for Conducting Public Hearing The following is a suggested method through which the public hearing may be conducted: Mayor: This is the time and place set for the public hearing on the Hermosa Beach Crossing Guard District No. 1984-85. Madam City Clerk - Has the mailing, publication and posting been completed as set by law? City Clerk: Yes, Mr. Mayor, all three requirements have been completed we have the affidavits for same. Mayor: Does the staff have any further information to report? City Mgr./ Yes, your honor, we wish to submit that certain Dir. of modifications were made in the assessment methods Public and they require that a Resolution and Schedule Works: of Modifications be adopted and passed at this time. (Mayor may request explanation if needed.) Mayor: Requests reading of title of Resolution of Modif icat ion . Mayor: Asks City Council - any questions? Mayor: City Clerk will call a roll -call vote. Mayor: Declares "Public Hearing is now open". Madam City Clerk - Have you received any written protests? City Clerk: Yes, your honor, we have, protests. Mayor: The law requires that the City Clerk present all written protests to the City Council. City Clerk: That is the extent of the written protests. Mayor: The Assessment Engineer will respond to the protests. Assessment Respond to written protests. Engineer: Mayor: Are there any persons who wish to make a comment or oral protest? The oral Protestants make their statements at the microphone. Assessment Respond to questions or oral protests. Engineer: Mayor: Are there persons wishing to speak in favor of the District? Mayor: Closes public hearing. Mayor: Asks if the City Council has any questions. Questions are answered by city staff and the Assessment Engineer. Mayor: If there are no further questions, the City Clerk will call for a roll -call vote to confirm the Assessment. City Clerk: If District is approved, assigns Resolution of Confirmation a number. What Constitutes a Protest At any time prior to the time set for the public hearing of protests against the formation of the proposed District, any property owner liable to be assessed may make and file with the clerk a written protest station his opposition to the proposed District. Protests shall contain a description of the property sufficient to identify it and shall be delivered to the clerk. The clerk shall stamp it received and at the time appointed for the public hearing, present all protests to the City Council. Any protest may be withdrawn by the person making it prior to the conclusion of the hearing or any adjournment thereof. At the hearing, all protests shall be heard and considered. If the legislative body finds that more than one-half of the owners of property within the proposed District who also own more than one-half of the assessed value of land and improvements included within the proposed District and subject to assess- ments, have filed written protests which are not withdrawn prior to the conclusion of the hearing, the City Council shall, in its discretion, either terminate all further proceedings or submit the question of the formation of the District to a vote within the territory of the proposed District. If the proceeding is terminated, no subsequent proceeding for the formation of the same or substantially the same district shall be commenced within six months thereafter. If the City Council finds that the protests filed are less than a majority in number and assessed value, it may continue with the hearing. Except in the case of a majority protest, the City Council may sustain or deny any or all protests and its determination is final and conclusive. Any protests not made at the time and in the manner required are deemed waived voluntarily. -5 - To date, only four written protests have been received. They are attached herewith. Additional Information: As is the case with the Lighting District that is currently in effect, the Crossing Guard District must be renewed annually in the same fashion that was utilized in its creation.. A resolution ordering an engineer's report and the approval of that report as well as the setting of a public hearing are necessary. What is not necessary is the mailing of 6,200 notices to all owners of property within the city. The District, however, does automatically dissolve ten years after its formation and only through following the exact procedure as has been set forth here can it be recreated. As has been previously pointed out, the creation of this District reduces the city's dependency by $52,000.00 on the General Fund. Charles Clark, Director of Public Works Concur: OA 0 c ry-m -r M -v.. v Gregfry- ever, City Manage CC:md Attachments February 21, 1984 TO: City Manager, City Clerk FROM: Charles J. Post, City Attorney SUBJECT: Proposed Assessment Districts, Crossing Guard Maintenance (Gov. Code § 55530 et.seq.), Land- scaping (Streets & Highways Code § 22500). This memo is to summarize the rationale of the two proposed maintenance districts identified above. It is for the assess- ment engineer and, if you think it helpful, for the agenda packet. Where public improvements provide special benefits to identi- fiable real property, the owners of the property may be assessed the cost.of those special benefits. Where the benefits of a public improvement are diffused throughout the community, the general public pays for the benefits through general taxa- tion. Taxes measured by the value of real property and special taxes are now limited by Articles XIIIA (Prop. 13) and XIIIB (the Gann Initiative) of the State Constitution. Special assess- ments, however, are not limited by these constitutional provis- ions (see, for example, County of Fresno v. Malmstrom (1979, hearing denied 1979) 94 CAOa 974, 985, 156 CR 110, 117; American River Flood Control District v. Sayre (1982) 136 CA3d 347, 355, 186 CR 202, 206; Solvang Municipal Improvement District v. Super- visors, County of Santa Barbara (1980) 112 CAJu 5451557, 189 CR 391, 398.) Public agencies have wide discretion to fashion assessment for- mulas so long as they are reasonably calculated to promote the objectives of the district and evenhandedly applied, provided that the enabling statutes are complied with, especially as to the procedure for setting up the district. In each of the proposed districts there are slightly different procedures and slightly different methods for determining whether a majority protest exists. Care should be taken to anticipate how these procedures are to be followed for each district: The City Clerk and other departments will necessarily be involved in the process. Respectfully submitted, Charles J. o t City Atto y CJP/ld clTy oir M Fb-^-O%l CIVIC CENTER HERMOSA BEACH CALIFORNIA 90254 CITY HALL: (213)376.6984 P 0 L ICE AND FIRE DEPARTMENTS: 3 7 6- 7 9 8 1 NOTICE OF IMPROVEMENT Dear Hermosa Beach Property Owner: On tiovcmtier 8, 1983, the voters of Hermosa Beach cast their ballots upon two referendums pertaining to the establishment of a Iandscaping Maintenance District and a Crossing Guard Maintenance District. They were both approved. The Landscaping Maintenance District by a vote of yes 1,481; no ?2.7. ,7 �;GxASS7uK: �:uai�Lanuaw�-i�isLsiet;by a�vcate,©f-3res.xlYv>iZ'� a o ,r•'.,�-rr.:y,-.-,:..- no 691. 'these Districts are now in the process of being implemented by the actions outlined in this notice. As proposed for the landscaping Maintenance District, assessments will be based on the lineal foot frontage of the lot. A typical levy would be approximately $1.00 per lineal frontage foot per year. In regard to the Crossing Guard Maintenance District, a typical levy would be appraein tely $9.00 per year per parcel of land. Both of these assessments would be included as part of the yearly tax bill. On February 28, 1984 at 7:30 p.m., the City Council of Hermosa Beach will hold a public hearing to accept input. Should you wish to cctnnent, please attend. If you are unable to attend, written commmication will be accepted up until 5:00 p.m. on February 28, 1984. ,;arai43S. M. This correspondence should be addressed to the attention of the Public Works Department, City of Hermosa Beach, 1315 Valley Drive, Hermosa Beach, CA 90254. Please include your name and address on all correspondence. Questions regarding either of the Districts should be directed to either Patrick Rossetti Assessment Engineering - 832-5048 or the City of Hermosa Beach - 376-6984 Ext. 214. CITY OF HERIMA BEACH RESOLUTION NO. 84-4681 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN MAINTENANCE OF EXISTING LANDSCAPING IN THE DESIGNATED AREAS, REPLACEMENT AND MODIFICA— TION OF SAID LANDSCAPING AS IT BECOMES NECESSARY WITHIN SAID DISTRICT, FOR THE FISCAL YEAR BEGINNING JULY 1, 1984, AND APPOINTING A TIME AND PLACE FOR HEARING PROTESTS IN RELATION THERETO. CITY OF HERMOSA BEACH LANDSCAPING MAINTENANCE DISTRICT NO. 1984-1985 THE CITY COUNCIL Of THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the public interest and convenience require, and that it is the inten— tion of the City Council of the City of Hermosa Beach, California, to order certain land— scaping maintenance along portions of streets, avenues, places, medians, designated main— tenance areas and rights—of—way within said District, all as shown on DIAGRAM and PLAN NO. 1994-1985 and SPECIFICATIONS NO. 1994-1995, on file in the office of the City Clerk, to be maintained, replaced or modified, when necessary„ Por the fiscal year beginning July 1, 1984. All of the work and improvement above specified shall be done in accordance with the specifications and plans therefor referred to in the report of the Director of Public Works dated January 20th , 1984, on file in the office of the City Clerk and which is hereby referred to and by this reference" incorporated herein and made a part hereof. " SECTION 2. To expedite the making of said improvement, the City Council may at any time transfer into the Hermosa Beach Landscaping Maintenance District No. 1984-1985 Fund, out of any money in the General Fund, such sums as it shall deem necessary, and the sums so •trans— ferred shall be deemed a loan to such Fund and shall be repaid out of the proceeds of the assessments provided for in this resolution, and pursuant to the provisions of Section 22657, California Streets and Highways Code, "Landscaping and Lighting Act of 1972", referred to herein. SECTION 3. That said contemplated work and improvement, in the o0in`ion of the City Council, is of more than local or ordinary benefit, and said Council hereby makes the expense of said work and improvement chargeable upon a district, which district said Council hereby declares to be the district benefited by said work and improvement, and to be assessed to pay the cost and expense thereof, said district is that portion of the City of Hermosa Beach, as shown on DIAGRAM and PLAN 110. 1984-1985, on fi le in the off ice of the City Clerk, on which DIAGRAM and PLAN the extent of said assessment district is indicated,and the exterior boundaries thereof are shown as the boundary lines of the said district; excepting from said district any portion of any public street or alley which may be included therein. Reference is hereby made to the said DIAGRAM and PLAN for a compl.-te and detailed description of said district. The said DIAGRAM and PLAN so on file shall govern for all details as to the extent _ of said assessment district. SECTION 4. Any lots or parcels of land known as public property, as the same is defined in Section M63. Part 2. Division -15, Streets and Highways Code, ("Landscaping and Lighting Act of 1972"). hereinafter referr-d to, which are included in the said assessment district. shall be omitted and exempt from the assessment to be made to cover the costs and expenses of said contemplated improvement. SECTION 5. The improvement contemplated by this Resolution of Intention shall be done under the provisions of the "Landscaping and Lighting Act of 197211(now Part 2 of Division 15. Section 22500 et seq. of the Streets and Highways Code of the State of California). SECTION 6. That Tuesday, the 28th day of February , 1984, at the hour of 8:00 P.M. of said day be and the same is hereby appointed as the time, and the Council Chamber in the City Hall, Hermosa Beach, California, is hereby appointed as the place for hearing protests as to the question of formation of the assessment district and levy of the Proposed assessment, in reference to said improvement. SECTICII 7. That the City Clerk is hereby authorized, designated and directed to give notice of said hearing in time, form and manner as required by law. SECTION 8. That the BEACH PEOPLE'S EASY READER, a weekly newspaper of general circula— tion, puolished and circulated within the said City of Hermosa Beach, California. is hereby designated as the newspapei, In which such notice shall be published. SECTION q. That this resolution shall take effect immediately, and the City Clerk shall certify to the passage and adoption of this resolution, shall cause the original of the same to be entered among the original resolutions of the City Council of said Cityt shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 24th day of January 1984. City Ccuncil Vutu: Approvvd 5 GARY L. BRUTSCH �� �-i t tt ti I� • r � ' � .ani+ rte- a 9' iY.. ;� �9!°a?�hl '� - rt:' -roc ..'I' rS.:• �_ r �. ,4',. z ' .'L"!�'� ': i�+r .._ L t r .W r 3�, .. ,!a Sn,r ��;•y."� F�+:'�ffa:,',:'�i'=hr's- .. . .�>•':. :�•. ][: syy.r - �' � tC•r. Yr�'rr u► �3 ISaL► :'� Ftr+_ ��x4•_isf- ",+? .s nr !r-' •i• t3:.. ,�.` �; ter' �#��:'_'. .r.;tfi: _ :�•=:�_- '• I J SV,-ZC�''L �C�, ti.: ,;:;'e"'- r:.t'.i;�r�R:>_r, : r! - 'r;, _ . =tea :'r.�� � . '1 • '•+'fY�q !i=sifl�Tfrr� ssi Ir _ti: .�� q; ;$�,�: i:: .f,r•• lt�rlij - ,-: • ,4L 3:'t 4• i -*s fi.. �" ^ , T- . f . l � _'� ^,. 'iLr'. •�" '� . - - .�'"i'�^'S•' . ,i': f ti .1 '+.R' d"'15 j • r . ~;+�. _ . ,►-Sd •L._ !' 'r � •.. i. `�a;,7 -. fin.:- >fi'f a s : ,.I' , l a141 1 n. r ', r �'.i ti's qit `�.�•_ 'Y�_ .. ::3K„ti•7'::>' rim . s#}1rYrr, 16J i . erl:*f i:. -r = :sir y" rtr !R. ;+ r.l.: 1 i' 9ijK x : "M, i ' �'- {l�1•i�1Y . s: rd' .}F7 • _ °'. lira -i • s.:4• ?Y n :f -`� ~ . _ r : ri_e "•Y.,': �i •_ - `!` 112:+3'!aS Lam': 4 3� x, I r . r' - :• !:cam r7•t T. Lf I '� 'W:,. ,?��'3' � - rte. '3 - •L ->'.-1,:'.e ��r�Rn Y `� - �. 1" - 111;:'-"1 `r.:.•Zi'-��- . W, INC . %���{+sRgi�4§�.� 'yr.[ ��: � r j 7•`' 551?=.:': '1't ' ! �= �t �6 - - ' +�'� ! ' •:''�' _ , a4'f' _ .3A4 .�J ' , t is �! C : c" ..-.. i � � f "- j i - i' 3�f-; d ^ ."dl +." L. S�'°r' •�Y. .. `°'L ',? "3rr�• �.t• : P... _ ` -- v.ar 5 'f 0.•:y ydfl: n.' r r- }�.. .Q �w 5 �!- d � r - i; 'N. ' " 7 r" '•. ~ S:"� L 4 I- -' iA .�� � rV .i ".i46N . 7.c _.w''?� 1' *__� ..r Y� -3.^'� •''9f Vf fin: ' q+i: .�'•!� hr`s, k���„ � .s� �_i. Y i-' -�� w� �[ . r � • _ , •`. ? r- tii` :r "r 4t GY�.1 R't:�l � i':.- . � . 'rr , , '•C..,PaSty.. 1f' 1 t ... ;3, -�y }i.. .• "ti.-.: - £r lyme r iD _ f �'1,( he :a 's "v'.t ,V� L:o •��k r -7r w r .. �F {? ., �tS 7"i _ n fir' ��r '�. 'rl�r �'t � o- " '� ��a� .0=`S' m„] "+G ► at-• -7`f'c3 `�f - '�...�+'Ld���P �_ - a'i:,r�!;,� _ jk__ ?",-:d�:', ,rG+t._;8'Y..�sg r' gi�Gq i I _., 9 •a. 'a�� . -rte r, 7: $. • �:�! a 4. s p d�1 -n� C ..l. . [ ,r r ' Y - •:+• - .9,n� rlrii��U ..1ti .' ,�M ,��' -* r11):F Y l:ti:+ .:4., - dr • -spa . :,k - rr.. � .. s'i; cam” . _q -..t,C z• _ � _ 1.8" , ' . r:9 -t A, ' T:�t r'.• -i3r!I � :, �.r ��._�.� ., r1, n mss. ,• ., _"ti3�� !.� " ' fK .. I`-�Jy .�• R • . .. _l.0 /i� r, lay 1 •• �l - < - ^• z-.' � •t >�i,i'}r:: ,r s� �� r.r '• -j r•�':. inn• � '+-5 y I Tr f 5 --�a=.l. t �• •7 �i, �'�i_F.@`5� ��-r_9ls�a�,oL�ZI:. � � '4y �' -. - -- ' t' • 1(�' 6 .;�;?Is� +.ly ]�� _. , ,1. tat i , � .. � - ' r�J- , 7i• 'Z' ?r7 li ��i_'�Alf'. ..��.'T - 'r' .3. .'.' t_; t' .. ?, 's t !yL`,'1�pd _ n:. •- _- ro ♦ , , n7sjii�Lg �-�« �ij vl f a: t +, � a , 1 -. - a ; n .'v[j�, .}ta'-�"' '- - , .X'i - 4'� �r•• .L �: i � is=:7 rL_4-L�1s•! c?1, 1*' iJ��R1v� _ �5 k�..i it C'r'dfa �?'-�! 'a;' . _,_. r J rr'z: 5 -� +_ .. - , - :�s rM' � ����,1,• - _ . F�...•? li 'r'J, �.�Gi �jl.. yrs• CSY. ! .. L ` ]�{' •+f ' i e' { r i' = ' * n �i{ rs r �� �9Mev f +.� � � J � _ , - N v' � - ' ; r, . ;• s. -�+r• _„r r � �-` 51 d-ri:, . � ' r � a �:-' • .. _ -tGr r ±+1�• `s T4j rL,�-�di.�1�,r •r 'r I - _., ^� �•�r�* +a. .•�_ 5 - _. K;4��7 Wn" I�',r� - r�'�y�. ' . r y�!{P3, r l5• 4, 5t i;4- _ 'TrTR7�r--L RESOLUTION NO. 84-4679 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN CROSSING GUARD SERVICES PURSUANT TO THE "CROSSING GUARD MAINTENANCE DISTRICT ACT OF 1974", CHAPTER 3.5, ARTICLES 2. 3. AND 4, SECTIONS 55530 THROUGH 55570, OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AT CERTAIN LOCATIONS IN THE SAID CITY, FOR THE FISCAL YEAR BEGINNING JULY 1. 1984 THROUGH JUI!E 30, 1985; AND APPOINTING A TIME AND PLACE FOR HEARING PROTESTS IN RELATION THERETO. HERMOSA BEACH CROSSING GUARD MAINTENANCE DISTRICT NO. lg84-1g8S THE CITY COUNC I L OF THE 'C ITY' OF HERMOSA BEACH, CAL I FORN I.A `DOES HEREBY RESOL YVE, DETER— MINE AND ORDER AS FOLLOWS: SECTION I. That'the public interest and convenience require, and that it is the inten— tion of the City Council of the City of Hermosa Beach, California, to order certain Crossing - Guard Maintenance Services, as shown on DIAGRAM and PLAN NO. 1984-1985, on file in the Office of the City Clerk, to be provided and maintained at certain Street Crossings throughout the City, for the fiscal year beginning July 1, 1984, through June 30, 1985. All of the services above specified shall be done in accordance with Specifications ander Plans therefor referred to in the Report of the Director of Public Works dated January 20th , 1984, on file in the office of the City Clerk and which is hereby referred to and by this reference incorporated herein and made a part hereof. SECTION 2. To expedite the making of said improvement, the City Council may at any time transfer into the "Hermosa Beach Crossing Guard Maintenance District No. 1984-1985 Fund", out of any money in the General Fund, such sums as it shall deem necessary, and the sums so transferred shall be deemed a loan to such Fund, and shall be repaid out of the proceeds of the assessments provided for in this Resolution, and pursuant to the provisions of Section 55561 of the Crossing Guard Maintenance District Act of 1974. SECTION 3. That said contemplated service, in the opinion of the City Counci1, is of more than local or ordinary benefit, and said City Council hereby makes the expense of said service chargeable upon a district, which district said Council hereby declares to be the district benefited by said Crossing Guard Services, and to be assessed to pay the costs and expenses thereof. Said district is all of the City of Hermosa Beach as shown on DIAGRAM and PLAN NO. 1984-1985, on file in the Office of the City Clerk, on which exterior boundaries thereof are described as the boundary lines of the said City, excepting from said district any portion of any public street or alley which may be included therein. Reference is hereby made to the said DIAGRAM and PLAN for a complete and detailed description of said district. The said DIAGRAM and PLAN so on file shal 1 govern for all details as to the extent of said assessment district. SECTION 4. The Council of the City of Hermosa Beach, California, shall levy an annual Ad Valorem special assessment on all taxable land and improvements within the district to pay the costs of maintaining said Crossing Guards. The annual assessment shall be levied and collected at the same time and in the same manner and with the same interest and penalties as general taxes of the City of Hermosa Beach, California. (Said taxes as collected by the Los Angeles County Tax Collector for the City of Hermosa Beach.) SECTION 5. Any lots or parcels of land known as public property, as the same is defined in Section 55560 of said Crossing Guard Maintenance Act of 1974, hereinafter referred to, which are included i n the said assessment district, sha 1 1 be omitted and exempt from the assessment to be made to cover the costs and expenses of said contemplated improvement. SECTION 6. The improvement contemplated by this Resolution of Intention shall be done under the provisions of the "Crossing Guard Maintenance District Act of 197411, Chapter 3.5, Articles 2, 3, and 4, Sections 55530 through 55570, of the Government Code of the State of California. SECTION 7. That Tuesday, the 28th day of February 1984, at the hour of 7:30 P.M. of the said day be and the same is hereby appointed as the time, and the City Council Chamber in the City of Hermosa Beach, California, is hereby appointed as the place for hearing protests as to the question of approving and confirming the assessment district and the levying of the proposed assessment. in reference to said improvement. SECTION 8. That the City C1erk is hereby authorized, designated and directed to give notice of said hearing in time, form and manner as required by law. SECTION 9. That the BEACH PEOPLE'S EASY READER, a weekly newspaper of general circula— tion, circulated within the said City of Hermosa Beach, California, is hereby designated as the newspaper in which said notice shall be published. SECTION 10. That this Resolution shall take effect immediately; and the City Clerk shall certify to the passage and adoption of this Resolution; shall cause the original of the same to be entered among the original resolutions of the City Council of said City and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 24th day of January 1984. City Ccuncil Cots:: Approved 5 GARY. L. BRUTSCH No 0 / MAYOR OF THE CITY OF HERMOSA BEACH, CALIFORNIA fr - -_�•- r'a - PWRR�F _ _ _y th a4$t�_vL� 1j��r. '�';'+ v' I - .,i,r. _f a H'- _,,..y. =�Irf.i i •' r4 2 'moi'. p !, r r RL `f 'NIA:, f '• s'b ?. I F k+i + " _ s' . S ,•pry <; L � l �. �•• v_ _ r' _' +:.i`.' 'r A; s,' � �r i carr. f S {i�• �'erlr, n'.F _�• *i''', �,!!�_�,�3`• .. -11 1 r*G, '' i L - L 'J. i••�� 1:: .:� n A4 r1�'%Tj,�S sa Lt w-.� ,:7, p. srr'L►I.a+. =rl.i-�. �- •__ .: >. lil , ' .Foa ey-C 'o r f .+ a ��,' .-nV .,L q. ��?,� V` � L#6'}I• sL ]::.•1- 7»;' .y,kl€�,�` • '� .' r+a + {=111- �'.'r9Y� : _ �e•��r_ , _; ,r ... r c r _ I`I _1 Y ys?' S r' ;; - t -' •+ � '. ? Wit' .,•� 2 r:L_• �L, t�7� �;: :3���,, .. t.}8F?;y,+:_�, i 'p .: + 3S .'= i '!• .•=y 1.,+_ 'i - ir'.::.IS' '.� t;�+,j + _ �7.i� � ... lig Z e,�r.�.� j i '4jir�" L 1 4 .- s. r i i i �'r~ L'a :•-.i r _L _ Fis- _ }{a!, • •}. `y P_'. r _'i' {'U� 4iL : 'ti-' '_ .:' r J—q&e.trite- ' I i� _ V' �: , '- . i, .in# �a��, .� ••,,ii-_��..�� i� •, "� ' 1�1 ->-> • j < r "- ! /- " T I - 'y�"77� .3. r ,., l '�' i c's• x'i/af.� G I a Y. '. II% r' '+• s:�'•r: 'J7 .71i � I iI � L,I�,i a•'11 •�", �(F� sf• -.>. ., . ayk = a� 1t 1 � _ i.�'," 'x.71*: 'a ,,. t z i t. t s 1,L1= �r�'. .. , ."'¢LU i. �'-L-i•�-}?I�T'�'��*w I'���'�.i '��1..��'�r' �•y Q/ y { _.....r�..�. _�• - - 1 ,-,S 5-^ '. •'si' !, 1, s;.i.Z: `tll:ii� - :,J. ^r SQL �:• t H. s1 - �i i4 s f ' �'� „. {.' �h.- ki 'ui rk, _ .'u, .�•�a�'_3.�J•1'S '-k .7 •,y Z :. �� �I�4' I.t' '?i'1, 1, '. �,f� : �= r. � •3 �'� :� c�r:;z, � L�t�' t� + _, .,_.•a,tFa'Y,.I ' - �.,' r; - y k _rk'- . N + i= r lJ � i. L .t :� •a � J; � Fi :. �-,�s i*�,y;C; ,_ C ,: rr•,'Ir' • ' r"�� - �, r1: � + - � � �L ��r, : r r' L L j;�Y-fY7.s ;;- ti ��. � ' ; .' .1 � i.7�,•tS;1rg ` y .-� �r (:is r11�r a •�• , 1� ,,) a� �� V •.r '}6if-��7 d �� T� L _-f -- _ 3y G i +-, z- �r.'_ F�, }.•�e":?J :L.,�:i , _ L y: rf, '%i s, r er '_.�rrk k.�'. � � .'-1•i►�' . �•; �, - �. U. . yr�`� .rsrr . , .•�!.� + r1 ', i. •t k`iJ ;-A�4 �.iq r�j'IJ �'7 i � �- I_ �.Sa j ^ �+•. � - , 9 .Y i. .. k..0 (lG3a�.1. - 6hrl 'f Ti♦ r , i .' 1 .; `i ILtl ! » r�f'•+ 1 .. .� �t z+•� �lT '' - .- > _ �. ' : r r. -. r •• ,f '- • + �'. ~ �' Si �1• I. -ir+� �.4'. •, �J"i 1, A _ ��. `•sj �. _ s'r4Ri,l� {.:Jb s - a. .e{ ' . l ti.Z���' :;.: .!. + r ,' � LV„Z �. 7Rj 1 I� � .'�' I+ r'r ,^��:,. _ .•e 111Fl.5r� i '.; iTf•'Q ; .k r ':G �l.'. L ,. 1�. 4 A t L C .4 LP It't' y isr � ,., :.; 7- -r � ��r s , 7-� � 1 .t"7'f � ,dJ�i,�-• lrFr�`_w �.":�.✓6s'r.i .mss'. �d »Fr ,�.. _dsm.� '�S C 'w�{�r :: •.? 1•a�� ,�.rz i',. .� f Y;4, .[• � i'+ 7'�i�1 � ?•'rI €. . ,.. �..." ` t f rati ,.f_� '�iE '1 I :ice �c ..-��..rwr -Gr1 f; � � . },..0 � � : . i_• �_ � ��. i 1. � +r:,;7 _ 1�I' l�-:. ,r. C� �r•�. {y" -: i.�5 Z,' � 7� y r.•4a s� •':i. Y�'aJL .' f'r. sem.. - I: z_� j 1IF s,)>r I 1' St• 4r 1..[Af "iriv ' Wi;' 1 1 ;+ �• iilV rla:w Ii i ..G_ stiC+ .45, .R•?. �tysi:JjiGea: !i �..5' - �r - 4.�.; _ � y • �" r + L� "1'>>'S�,r ::3. +j. ws: w•C,L �. 1� 1�� 2`.: ��ii. �', .c. i I � ry ��� •', ipr' 4 .1 ill Y� �w{. I . ,r t � +4�u gR> .' � 1 n .i + s`ra +r� r:.'F' i,� w1 fir �•' ee����I•.Fh f ��� i - or.7 l,'1J!� 7�'i-mss V•"��•:�• �;JjLG kf�. •. �' "'S..1 -r. � la��n. t r r r 'fes„' V� i �, � S , _ Iq ..ems`. -C. . r . . , � 7b r=1 _. .s_�" _ � R� _ . _ _ -" -, - - •- - • 1�:Zrl. �rt•`�:' is`: •{�Q�. `y"�'L . ��a � '�lr� .E,- ay,^I; � ;� t�,.lf �:si ,:� .���•_It'� '1�f�Lti. .{I c j✓'�]`Frrrt 'f lat. I)V .x: 1r :1x - TL'+� '! j'" -rr 4 e 4•'�. 1 J� IS fir >'I'� _ •-R- r� 77 1 •y �r �rV �1. �'•�io-�i,►'�'r'�-C'!.`•+�114 N. ,-•`j. '} _ �. ir. yILI (A, '. '•`-X ��'� ` Oji? �'� .c. *',�, $1�T rj 'k•; � r� ;•�. .j � r '� .. L. .. _ '-r��-.-�. -. �[.. .^ .._. .�� __._ ra . _ . �.�_- •+'Y iAL=�' -i - a..d. - w _" _ � � �i{�k��Es�s •' d uonag nsowjGH •a -s uq-0C - 6�9 TassaA fT.zanag ' ,�Tnaq� sjno)� ;paaapTsuoo OuTaq sT q.nuq, eOjpgo q-oo,T aDUq-uo zJ: TnauTT aad 00 • T$ auO, oq- q-oa. qo I •aoua:.sTxa paxe9,-,zaAo-ppa.zTn JTau4- oOr saxp!. a.zoui ppn 3.nuq, sn,14-x0 4.ou - soTsnq paau aTdoad auk. - •oda 'sagn.z _Sa.zaq_uT goTu 'saxnq. u2Tu 's�uamz pd OOL - OW u2Tu JO a2n pie hep sTu� UI •SUOTs pna.z-oq--q-TnoTJJTP pun @9S-o!.-q-TnoTjJTp MoTTaJ� pun uMoaq OuTq sTxa au9r oq. paOunuo @JaM SUOTs q.aa,z� S pna,z-oq.--Csna pup aas -o�-�sua ano TTn uaunn '02u s,znal, T-eJ@Aes fauoul s , za�Cedxn� �o @Q -sum T�� o� avT a:'ITT - puTuz uT sgoaCoad ssaTuq-JOm Run Gana q.,usaop fq-To auk adou I Zq-oo,I a2nquo.J TnauTT ,zad 00 •T�, a -n - saeuMo fZ!�,zadoad auk wo.zj pau•eaTD aq pTnoM Quin 1Cauoui do !.unouin @Dnq auq, Joi pauu-eTd aAnu J�q.To au4. uno fTgTssod gpuM •aTgnTTnAn saTuouz auq. u!�TM auzTO, q-uasa,zd auq- q.P pauTnquTpuz ,�Taq.nnbapn aap • o!.a ' s!.aam s ' sanuaAn ' su-aTpauz s , ��To @-q4- X . q- I • q-oTaa-sTQ DuTdnospupq sTuq- .zoi q snC - saxpa. uT ,zna.9 p n.z!.xa 00'0 $ aq pTnoM 4-P4q- - �T9.00,z,zoo auq. gaadaa!�uT I jT pup - *4-j 05 sT @Deq-uoij in0 ; aATsuadxa 000. .zn,I s , �pu� xuTu� I _OT.za.sTQ aounua4.uTnjg DuTd�eospupq aL[� Joi q-ooj a�n�uo.zJ TnauTT ,zad 00 ' T� auq- oo- Toa-ff—qO- op I nub aTpunu uno I • q-oT zq-ST(j pa-enf) x9uTsso.z0 au!. JOJ - puuT JO Taojud .zad - ,znat� .zad 00'6$ au!. o!. qroaCgo fou op I •q-ouduri GWPS au! aAnu TTTM .1a448T fui guTdou W'e os - uoTgoaCgo fui aoTon oq. fi86T 19Z j�,znnaga,3 uo TTounoo au!. puaq.o..e o!� aTq�e aq q-,uom I •-K!.To auk uzo,z,� JGQ4aT „q-UGVIGAOjduj jo aoT-oH„ auk paaTaoa,z GM �TquaoaU •�auow a.aouz saaf�.ndxnq, sn q.soo pTnom !�pu� DuTuq-auzos axTT papunos 4-T asnnoaq '!�ojj!!sjg aoupuaquTpZq p,znn-D OuTsso,za u pun !Ola4-STQ aounua�U. Ig DuTdnospunZ L- 9uTusTTgn�sa !.suTPJ-e paq.oA I uoT!.oaTa fq-To q-seT auq- uI uonag USOW @H jo f!�TO I V* -k 13 pv�)g ;-7? ' ' 4Ge, 72 e rVol x1.ry om -7-9rll'5 t rl", 1�32 X861T . �'"_7-_7i•!.�.. :,,.�+*r?w�:=:.,a-..tea-.>.�.:.,.•�:L"+!'H-:. �':'-..r-:•:5r,:: • ;.-.a..-� . :�-.eR. �''1-�'Et�'i��blCir+{?'4.-T?�'�v7t�S'i'�9y,"iy7c,.�'E4i�N!"`�3'�C�c°-�^��F�• 3'�'� '� �'y�",�ii'-�'`�"`�-�� ,,, _ Jf�y�y..1� 2. ♦ v ''!Fi.. y -. - r c�,�,- wS` L 7�j. I -r � .�cci_y:- e'�- "•fx, 1�. r ,�. ..'4:�.a� er.'Sx. ox����e- s� .* � ,�`�it * � �,..� �,;� R.._� �';-'.ti ?i.:..9' yc,�i �.,,,k ,�,cT•,�� mow' > z t � .��^' s. ,�, .:.-n n�+-n.-r _ -.•psi'�h'�lGlti'►":�.�Rti7t,.F4.t>'cc 4ti-°°`4.si .' ..r. s :•fie -r.' i, '`-�.''?t±»"iF✓2Fel+A,acaaHsiytis.,.r,EeY•t, .-_ o. .,.\ _ . .., ..,.•,w.F......7..r!1 .a ,k•:. is+.nr.,.,� _,. -. r' .... .. r,-a..,...:-:,.on.:S,csel-F+•�x;iti.�ea:r�ew.rv-_^-:.t��, a= -. �: -•. q 1:.� .. ..,, ,..�y..l l ':^•-�- -. A' � zs.ok'vr>_...;q�•i-�.: �-'�'e=J-"gt+►fr..r�'; !-�.t� _ �'t.;•.� �..+v�p( -':''.:� �.k_, ,}A_ ..a.. _ : ,�..-.:. H ,:-.-a... _ •�r�.1V .d>v.�- e. +icy:.•.•- rrs.+ntl:}r'+K"azxves.. nlsxY3.^��5R,... tluk -k \ (dj L.M 7VIAA ul V kc GJ 71 n 1 - - 4: -Ac 1 Ily rr7/ __ -- _ .----...,r✓=.suC ii .T.�.. .� _./-.. �.. ^1... __. - ... _.u�1 '�"..-YRrr-ice %_.=1. ...� .».�..�'4 ._ a1`i��•• __ ..... '.l:c«off..-N•.> :W�2�.: �.: -a.v+. _ _.r �.!- :is.:.:vG� �.•�u-'-t.rk-.l..+.ti•-� ..,.i...�•.�-�.. ..�.._:•.,csc +v.v wl•.:;;� h -r Si.t^n""�.a.4.w.y.rtl-..;�v-:..��.y:� ..r w , #Yyt ?.�> w.t.'>r� S�-.;rx3 'c,*v=+" ?t z,y _:...?-zee`-..-...S+sr-r :, 'e.a.>�e*".F+r�1 �' i :•9�4i +'` . '* 547:,..J"Y'^'syyf.^?'�` a^"t'Xy}�`�7R�K:`ylire..�u.�..f:.'��..drt.*vY ...¢t.ny } ���Kr� � V ,c„�''y � ^ ! { .,xr / �� 1, z r�',+'Yt"�t�N-Wyf. r.«-Ct.,., .; she... �'_,Ct,>.+ r..ti. '='�!7�ra�?. M! •q r.. l`3�` uj. z? �' �`,'�s�.,.«3.:..aG.�}•.•u� +v;:�,..',s .. �� �i�y-t��� :..,,'�.�y�i��� �'�...iy�- J i s f��`^�`c.�c . •�4Y''•l r �'. ,.r. _- <-. ..f�''r�y,,.,��' >y���'•``!�""it:�'„a � `•�' .s. � �.� �-^ � - fy�.T 4�T%�p:-..�"'&`;►'�.':_�T�r`i`T'"���^iJ.,rP'�F�'�y.S'^�.+�...•Y'�J.T.�'. i�=`�.iE���2._ ��- 4�: "; -tw�;".::z�r_ cTes..�_an �iF'.h'.►.k.�.�' __ - -.-. .. _'�'sL.'�.;'c:i:_�, z - - -•--4.:.�:.�a_,-�r..e �-'- •—•:='."--_'=^=>_v A x' ..., � ' RES OLUT I ON NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, MODIFYING THE ASSESSMENTS AS SHOWN ON THE ATTACHED SCHEDULE OF MODIFICATION, FOR THE FISCAL YEAR COMMENCING JULY 1, 1984. HERMOSA BEACH CROSSING GUARD MAINTENANCE DISTRICT NO. 1984-1985. WHEREAS, in proceedings under the "Crossing Guard Maintenance Act of 197411, Chapter 3.5, Article 2, 3, and 4, Sections 55530 through 55570, of the Government Code of the State of California, the City Council adopted Resolution No. 83-4652 ordering the Director of Public Works to prepare and file the REPORT required by said Act for the proposed levy of an annual assess- ment for the fiscal year commencing July 1, 1984, and pursuant thereto such REPORT has been prepared and filed with the City Clerk; and WHEREAS, the City Council adopted its Resolution No. 84-4678 approving the REPORT as filed pursuant to Resolution No. 83-4652, ordering said REPORT; and WHEREAS, the City Council adopted its Resolution of Intention No.84-4679 declaring its intention to order certain Crossing Guard Maintenance Services to be provided and maintained at certain street crossings throughout the City, for the fiscal year beginning July 1, 1984 and appointing a time and place for hearing protests relative thereto; and WHEREAS, copies of the Resolution of Intention were duly published, posted and, to the extent required by the Act, notices of hearing were mailed to all the property owners in the Maintenance District; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDER THE FOLLOWING MODIFICATIONS AS SHOWN ON THE ATTACHED SCHEDULE OF MODIFICATION: SECTION 1. The modified assessments are the assessments referred to in the Resolution of Intention, Notice of Public Hearing, that was mailed to the property owners, posted, and published in the local newspaper according to the requirements of the Act. SECTION 2. This Resolution of Modification shall take effect immediately. PASSED, APPROVED AND ADOPTED this 28th day of February, 1984. MAYOR OF THE CITY OF HERMOSA BEACH, CALIFORNIA. ATTEST: CITY CLERK (SEAL) STATE OF CA.IFORNIA COUNTY OF LOS ANGELES ) SS. CITY OF HERMOSA BEACH ) 1, CHARLOTTE MALONE, City Clerk of the City of Hermosa Beach, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing resolution, being Resolution No. was duly and regularly introduced before and adopted by the City Council of the City at a regular meeting of said Council, duly and regularly held on the 28TH day of February, 1984, and that the same was so passed and adopted by the following vote, to -wit: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the OFFICIAL seal of said City this day of February, 1984. (SEAL) CITY CLERK OF THE CITY OF HERMOSA BEACH, CALIFORNIA. -2- ROLUTTbN N0. 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS DATED JANUARY 20, 1984, PREPARED PURSUANT TO RESOLUTION NO. 83-4652 AND APPROVED PURSUANT TO RESOLUTION N0. 84-4678 OF SAID COUNCIL, AND THE PLANS, SPECIFICATIONS, ESTIMATE, DIAGRAM AND ASSESSMENT CONTAINED IN SAID REPORT; ORDERING CERTAIN CROSSING GUARD MAINTENANCE SERVICES TO BE FURNISHED` AND MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY 1, 1984. HERMOSA BEACH CROSSING GUARD MAINTENANCE DISTRICT NO. 1984-1985• WHEREAS, the CityCouncil of the City of Hermosa Beach, California, did in Resolution No. 83-4652 of said Council, pursuant to the provisions of the "Crossing Guard Maintenance District Act of 1974" (Chapter 3.5, Article 2, 3, and 4, Sections 55530 through 55570, of the Government Code of the State of California), require the Director of Public Works of said City to make and file with the Clerk of the City Council a report in writing, presenting certain matters relating to the proposed Crossing Guard Maintenance District No. 1984-1985, as contemplaed under the provisions of said Act; and WHEREAS, the Director of Public Works, pursuant to the requirements of said City Council as expressed in Resolution No. 83-4652, did make and on the 20th day of January, 1984, file in the office of the City Clerk (who is ex -officio Clerk of the City Council) of said City, his report in writing responsive to the requirements of said Resolution No. 83-4652 and as contemplated under the provi- sions of said Act; and WHEREAS, the said City Council did in Resolution No. 84-4678 approve said report on the 24th day of January, 1984, in conformity with the provisions of said Act; and WHEREAS, said City Council did thereafter and on said 24th day of January, 1984, pass its Resolution of Intention No. 84-4679 declaring its intention to order certain Crossing Guard Maintenance Services for the fiscal year begin- ning July 1, 1984; and WHEREAS, said City Council did on said 24th day of January, 1984, in its Resolution No. 84-4679, fix and designate Tuesday, the 28th day of February, 1984, at the hour of 7:30 P. M. of said day as the time for hearing protests in reference to the proposed maintenance and assessment, at the Council Chamber, in the City Hall, Oivic Center, in the City of Hermosa Beach, California; and WHEREAS, at the time and place above stated for hearing protests in refer- ence to the proposed maintenance and assessment said Council did proceed to hold and did hold such hearing; and WHEREAS, at the time and place above stated for hearing protests in refer- ence to the proposed maintenance and assessment, certain written and oral protests and objections were filed and presented, which said protests and ob- jections were fully and regularly heard and considered by said Council; and WHEREAS, said City Council being fully advised in the premises, does hereby proceed as follows: -4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That said Council does hereby deny all protests and objections and does hereby approve, confirm, as modified, and adopt the said report of said Director of Public Works dated the 20th day of January, 1984, and does hereby approve and confirm the assessment proposed for said proposed maintenance as set forth and referred to in said report, which said report is now on file in the office of the City Clerk of said City, open to inspection, hereby referred to and made a part hereof; and said City Council does hereby also confirm and adopt the respective instruments therein contained and designated therein as SPECIFICATIONS, DIAGRAM AND PLAN NO. 1984-1985, Estimate of Costs and Assessment, all of which, on file as aforesaid, are hereby incorporated herein and made a part hereof. SECTION 2. That said Council does hereby order the said contemplated main- tenance to be made in accordance with the said PLAN and SPECIFICATIONS therefor, so adopted and approved, and does hereby order and determine that the fiscal year referred to in said Resolution of Intention No. 84-4679 shall be and the same is hereby fixed and established as the period commencing on the 1st day of July, 1984, and ending on the 30th day of June, 1985, both dates inclusive, as therein set forth; and said Council does hereby levy the said proposed total assessment made to cover the costs and expenses of said improvement upon the respective several subdivisions of land in the assessment district described in said Resolution of Intention No. 84-4679 and as fixed and determined by said report, dated January 20, 1984, and the proposed assessment, filed therewith, as aforesaid, in the office of the City Clerk of said City, for the fiscal year beginning July 1, 1984 and ending June 30, 1985, both dates inclusive. SECTION 3. That the City Council hereby orders and directs the City Treasurer to establish a special fund entitled, "Hermosa Beach Crossing Guard Maintenance District No. 1984-1985Fund"; and who shall place.1into said Fund all payments of assessments received from the County Tax Collector and payments shall be made out of said special Fund only for the purposes provided for in said Chapter 3.5, Article 2, 3, and 4, Sections 55530 through 55570, of the Government Code of the State of California. SECTION 4. That the City Clerk of said City is hereby ordered to transmit, or cause to be transmitted, to the County Auditor of Los Angeles County, State of California, as contemplated under the provisions of the "Crossing Guard Maintenance District Act of 197411, the Diagram and Assessment upon which such levy is based, and the County Tax Collector of said County (who is also the City Tax Collector for said City) is hereby designated, required, empowered, authorized, instructed, ordered and directed to make collection of all assess- ments shown in said Assessment and to perform the acts and duties as are required by law of and to be performed by the officer, employee, or person so designated. SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered in the book of original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Co uncil of said City in the minutes of the meeting at which the same is passed and adopted. -2- SECTION 6. That this resolution shall take effect immediately. PASSED, APPROVED AND ADOPTED this 28th day of February, 1984. MAYOR OF THE CITY OF HERMOSA BEACH, CALIFORNIA. ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF HERMOSA BEACH ) I, CHARLOTTE MALONE, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Resolution No. was duly and regularly passed, approved, and adopted by the City Council of the City of Hermosa Beach, California, at a regular meeting of said Council held at the regular meeting place thereof on the 28th day of February, 1984, by the following roll call vote, to -wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: (SEAL) APPROVED AS TO FORM: CITY ATTORNEY CITY CLERK AND EX -OFFICIO CLERK OF THE CITY COUNCIL, CITY OF HERMOSA BEACH, CALIFORNIA. -3- NCTICE. U_ Tj CIS �- - - - Notice is hereby given of the Intention of the persons whose names appear hereon of their intentlon to circulate a petition within. the City of Hermosa ?each for the purrose of requesting the adoption of an ordinance to mend the General Plan of the City of F-ermosa 3each, so it shall require a vote of the electorate to modify, mend, or repeal certain areas designated "Open Space" under the Land Use Element of the General Plan, revised July 1983, including but not limited to playgrounds, recreation areas, parkettes, narks and school sites. A statement of the reasons of the proposed action as contemplated In said petition is as follows: Citizens have initiated this peti- tion to request the adoption of an ordinance which would amend the General Flan to require a vote of the electorate to aid in protect Ing the taxpayers' vested interest in certain properties designated as "Open Space" in the General Flan, including but not limited to playgrounds, recreation areas, parkettes, parks and school sites. Signatures of Sponsors: February 20, 1984 ETTA L. Slk SUN KATHARIT"M E. BERGSTROM EDWARD S. LOOSLI )R. MICHAEL, L. F RI TZ �06ca- C2ZiGHrcW' — �� .=✓�'�»; o,�' '�°.a�� om _ Fajo/®�' leaay 27�rr�?�-.ate/�'�%�'�o',,� a�� �..f as�,,� ��y�'✓ rc�� s'a'��,y' at��a'sf� �v�s���,��ix�r/ �.s�dv?/��i'✓f .`�Xd 72 rp S�� ..S�r A�i�D�� �.�T✓d�/✓!/ l7/21��%�G��� s�'r�_! S''��(`jN(/' 74 We - P861 1, 9 93j _N v�pk-&,�q �ly 79