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HomeMy WebLinkAbout06/23/87"The world will never be better unless we are." -William M. Holt AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, June 23, 1987 - Council Chambers, City Hall Closed Session - 6:00 p.m. Regular Session - 7:30 p.m. MAYOR John Cioffi MAYOR PRO TEM Etta Simpson COUNCILMEMBERS Tony DeBellis Jim Rosenberger June Williams CITY CLERK Kathleen Midstokke CITY TREASURER Norma Goldbach CITY MANAGER Gregory T. Meyer CITY ATTORNEY James P. Lough All Council meetings are open to the public. PLEASE ATTEND. 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: PROCLAMATIONS: Physical Therapy Week, June 21 - 27, 1987 INTRODUCTION OF NEW EMPLOYEE: John Triggs, Maintenance I, Public Works Department RESULTS FROM CLOSED SESSION: bAms1F-S 4 t 12-0 eta, G `^ CITIZEN COMMENTS C � �'`'v>� Citizens wishing to address the City Council on any items on the Consent Calendar may do so at this time. 1. \vV. (a) CONSENT CALENDAR: The following routine matters will be acted upon by one vote to approve with the majority con- sent 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.) Approval of Minutes: Regular meeting of the City Coun- cil held on June 9, 1987. Recommended Action: To approve minutes. 1 (b) Demands and Warrants: June 23, 1987 Recommended Action: To approve Demands and Warrants Nos. through inclusive. (c) Tentative Future Agenda Items. Recommended Action: To receive and file. (d) City Manager Activity Report: Memorandum from City Man- ager Gregory T. Meyer dated June 17, 1987 Recommended Action: To receive and file. Building and Safety Department Monthly Activity Report: May, 1987. Recommended Action: To receive and file. Community Resources Department Monthly Activity Report: May, 1987. Recommended Action: To receive and file. (g) Finance Department Monthly Activity Report: May, 1987. Recommended Action: To receive and file. (h) Fire Department Monthly Activity Report: May, 1987. Recommended Action: To receive and file. (i) General Services Department Monthly Activity Report: May, 1987. Recommended Action: To receive and file. (j) Personnel Department Monthly Activity Report: May, 1987. Recommended Action: To receive and file. (k) Planning Department Monthly Activity Report: May, 1987. Recommended Action: To receive and file. (1) Police Department Monthly Activity Report: May, 1987. Recommended Action: To receive and file. (m) Public Works Department Monthly Activity Report: May, 1987. Recommended Action: To receive and file. (n) Monthly Revenue Report: May, 1987. (f) 2 (r) (s) Recommended Action: To receive and file. Monthly Expenditure Report: May, 1987. Recommended Action: To receive and file. City Treasurer's Report: May, 1987. Recommended Action: To receive and file. Claim for Damages: 1) Ken Morrisey, 2627 Fifth Street, #5, Santa Monica, filed June 12, 1987 Recommended Action: To deny claim and refer to City's claims administrator. Award of contract for irrigation installation and land- scaping for Park Development, CIP 85-502. Memorandum from Public Works Director Anthony Antich dated June 5, 1987. Recommended Action: Award contract to Landscape West for irrigation and landscaping installation at a cost not to exceed $24,697, authorize staff to issue addenda as necessary, and authorize Mayor to sign. Request to approve revisions to the class specifications for Maintenance II and Sweeper Operator. Memorandum from Personnel Administrator Robert Blackwood dated June 16, 1987. Recommended Action: Approve the revisions to the class specifications. (t) Amendment to Memorandum of Agreement for Workers' Com- pensation Administration services. Memorandum from Per- (Xsonnel Administrator Robert Blackwood dated June 16, 3 1987 . Recommended Action: To approve amendment to the Work- ers' Compensation Administration Services contract to acknowledge contractors name change to Self Insurers Service, Inc., to authorize an increase in the fee for services to $9,000 per year for 40 claims and $225.00 per claim above 40, and authorize Mayor to sign. (u) Appropriation of donations, Police Department. Memoran- dum from Finance Administrator Viki Copeland dated June 1, 1987. Recommended Action: Appropriate donations of $100 Police equipment account for D.A.R.E. program. to Request or term anon of Lease Agreement between the City of Hermosa Beach and the South Bay Union High y_ (x) (y) (z) School District. Memorandum from Community Resources Director Alana Mastrian dated June 16, 1987. Recommended Action: That City Council not terminate the lease agreement between the City of Hermosa Beach and Redondo Union High School District until such time an- other lessee is secured for that space at the Community Center. FY 86-87 Proposition A budget amendment request for the Hermosa Commuter Bus and the "WAVE" Dial -A -Ride pro- grams. Memorandum from Planning Director Michael Schubach dated June 17, 1987. Recommended Action: Approve amended Proposition A bud- get for FY 86-87 from $88,113 to $123,854 for the Hermo- sa Commuter Bus Program and from $83,594 to $113,077 for the "WAVE" Dial -A -Ride program. Report on City Owned Federal Home Loan Mortgage Corpora- tion Securities. Memorandum from City Treasurer Norma Goldbach dated June 17, 1987. Recommended Action: To receive and file. Recommendation to seek from the City Attorneya formal opinion re. any possible deed restrictions tat may af- fect a Public Parking Facility in the vicinity of the Community Center. Memorandum from General Services Di- rector Joan Noon dated June 12, 1987. Recommended Action: Request City Attorney to prepare a formal opinion as to any public parking facility restrictions in force and effect as a result of the Com- munity Center grant deed from the Hermosa Beach City Schools. Cancellation of Warrants: Memorandum from City Treasurer Norma Goldbach dated June 16, 1987. Recommended Action: Approve cancellation of Warrants Nos. 022873 and 013214. (aa) Award of Bid for Excess Workers' Compensation Insurance. Memorandum from Personnel Administrator Robert Blackwood dated June 17, 1987. Recommended Action: Award bid for Excess Workers' Com- pensation Insurance. Request by Mayor Pro Tem Simpson for City analysis and support of the California Wildlife, Coastal and Parkland Initiative, with letter from Californians for Parks and Wildlife dated June 10, 1987. ,e. )4S 'cAJ 2s - 4 Recommended Action: Refer to staff for report back at City Council meeting of July 28, 1987. (cc) Acceptance of work as complete - asphalt street repair (CIP 86-163). Memorandum from Public Works Director Anthony Antich dated June 15, 1987. Recommended Action: To 1) accept as complete the as- phalt street repairs, 2) release the 10% retention pay- ment and the Labor & Materials Bond and Faithful Per- formance Bond to Vernon Paving Co., and 3) return $5,800 to the State Gas Tax Fund Balance for subject project. Contract extension with Community Transit Services, Inc. for the Hermosa Commuter Bus Program. Memorandum rom Planning Director Michael Schubach dated June 16, 1987. Recommended Action: To 1) approve a 90 -day extension of the Hermosa Commuter Bus contract, and 2) approve the elimination of the 6:15 a.m., 4:06 p.m. and 5:31 p.m. runs. (ee) Written report from RCC Delegate Councilmember Rose- nberger re. special meeting of the South Bay Regional_ Public Communications Authority on June 3, 1987. Recommended Action: To receive and file. Citizens wishing to address the City Council on any item listed under Consent Ordinances and Resolutions may do so at this time. 2. (a) ORDINANCES AND RESOLUTIONS ORDINANCE NO. 87-885 - AN ORDINANCE OF THE CITY OF HER- MOSA BEACH, CALIFORNIA, AMENDING CHAPTER 7, ARTICLES I, II, III, IV AND CHAPTER 24 OF THE CITY CODE RELATING TO BUILDING AND PLUMBING REGULATIONS AND ADOPTING WITH CER- TAIN ADDITIONS, DELETIONS AND AMENDMENTS, WHICH ARE SET FORTH HEREIN, THE RULES, REGULATIONS, PROVISIONS AND CONDITIONS SET FORTH IN THOSE CERTAIN CODES ENTITLED, "UNIFORM BUILDING CODE, 1985 EDITION UNIFORM BUILDING CODE STANDARDS, 1985 EDITION", "UNIFORM HOUSING CODE, 1985 EDITION", AND "UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1985 EDITION", PROMULGATED AND PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND THE "UNIFORM PLUMBING CODE, 1985 EDITION" AND "UNIFORM MECHANICAL CODE, 1985 EDITION" PROMULGATED AND PUBLISHED JOINTLY BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS. For waiver of fur- ther reading and adoption. 5 (b) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO THE IN- DEPENDENT CITIES RISK MANAGEMENT AUTHORITY JOINT POWERS AGREEMENT TO PROVIDE FOR THE ADMITTANCE TO MEMBERSHIP OF THE CITIES OF COLTON AND MONROVIA; APPROVING AND AU- THORIZING VALIDATION PROCEEDINGS AND DESIGNATING CITY REPRESENTATIVES. For adoption. Memorandum from Person- nel Administrator Robert Blackwood dated June 16, 1987. (c) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, URGING THE ADOPTION OF SENATE CONCUR- RENT RESOLUTION NO. 34, DESIGNATING STATE HIGHWAY ROUTE 105 AS THE GLENN ANDERSON FREEWAY. For adoption. (d) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 21-23 OF THE MUNICIPAL CODE, BY CHANGING THE TITLE FROM "DRINKING ON STREET 04PLAYGROUND„0 ONSUMPTI0N OF ALCOHOLIC BEVERAGDc=O STREET, PLAYGROUND OR IN A PLACE OPEN TO THE PUBLIC" AND BY ADDING PROVISIONS REGULATING THE CONSUMP- TION OF ALCOHOL IN PUBLIC PLACES OPEN TO THE PUBLIC AND A PROVISION REQUIRING THE POSTING OF PREMISES LICENSED FOR RETAIL OFF -SALE OF PACKAGED ALCOHOLIC BEVERAGES. For introduction. Memorandum from Public Safety Direc- tor Steve Wisniewski dated June 15, 1987. (e) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1987-1988. For adoption. Memorandum from Finance Administrator Viki Copeland dated June 16, 1987. (f) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING THE 1987-88 BUDGET. For adoption. Memorandum from Finance Ad- ministrator Viki Copeland dated June 15, 1987. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 3, 1987, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. For adoption. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF SAID CITY TO BE HELD ON NOVEMBER 3, 1987, WITH THE SCHOOL DISTRICT AND GENERAL DISTRICT ELECTIONS TO BE HELD ON• SAID DATE PURSUANT TO SECTION 23302 OF THE ELECTION CODE. For adoption. (1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS (g) 6 (j) ) ,\(- 65A *Wim SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 1987. For adoption. ENCROACHMENT PERMIT AMENDMENTS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION.85- 4885, AS AMENDED, TO ESTABLISH ADDITIONAL POLICIES FOR ENCROACHMENTS ON CITY RIGHT-OF-WAY. For adop- tion. Memorandum from Public Works Director Anthony Antich dated June 15, 1987. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ENCROACHMENT ORDINANCE NO. 85-821. For introduction. Memoran- dum from Public Works Director Anthony Antich dated June 15, 1987. 3) a) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE.COM- MERCIAL OUTDOOR DINING ENCROACHMENT PERMIT AGREEMENT, EXHIBIT C; and b) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION 86-4932 LOWERING THE REQUIREMENT FOR RESIDEN- TIAL ENCROACHMENT PERMIT LIABILITY INSURANCE AND APPROVING AN UPDATED CITY OF HERMOSA BEACH ENCROACHMENT PERMIT ENDORSEMENT. For adoption. Memorandum from Public Works Director Anthony Antich dated June 15, 1987. 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION. 4. WRITTEN COMMUNICATIONS FROM THE PUBLIC. PUBLIC HEARINGS - TO COMMENCE AT 8:00 P.M. 5. APPEAL OF PLANNING COMMISSION DENIAL OF A VARIANCE TO ENCROACH INTO 17 FT. PARKING SETBACK TO PROVIDE ONLY 100 SQ. FT. OF GROUND LEVEL OPEN SPACE AND TO VARY WITH SEC- TION 1309, GOVERNING EXISTING NON -CONFORMING STRUCTURES, AT 3104 INGLESIDE DRIVE. Gerald W. Compton, Appellant for owners Hadaway. Memorandum from Planning Director Michael Schubach dated June 16, 1987. 6. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS DATED APRIL 20, 1987 PREPARED PURSUANT TO RESOLUTION NO. 87-5016 AND APPROVED PURSUANT TO RESOLUTION NO. 87-5032 OF SAID COUNCIL, AND THE PLANS, SPECIFICATIONS, ESTIMATE, DIAGRAM AND ASSESSMENT CON- TAINED IN SAID REPORT; ORDERING CERTAIN CROSSING GUARD MAINTENANCE SERVICES TO BE FURNISHED AND MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY 1, 1987. - 7 kuv'z- *-22 —3 50 — 7 rck Ce4)-ce. A-14 bc_f) Lfi, CiAC614-Q.) t_Wk_ y g4,6 • P Use,,0 �fv6 � 7. AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA TO PROHIBIT THE ISSUANCE OF BUILDING PERMITS FOR PROJECTS INVOLVING EXPANSION AND/OR REMODELING OF NONCONFORMING BUILDING AND/OR USES WHEN SAID PROJECTS ARE NOT IN COMPLIANCE WITH STANDARDS AND REQUIREMENTS SET FORTH WITHIN THIS ORDINANCE. Memoran- dum from Planning Director Michael Schubach dated June 16, 1987. 8. HEARING TO REVIEW DELINQUENT REFUSE BILLS FOR THE PUR- POSE OF ORDERING SAID BILLS PLACED ON THE TAX ROLLS AS A SPECIAL ASSESSMENT. Memorandum from Building and Safety Director William Grove dated June 12, 1987. Citizens wishing to address the City Council on any of the remaining items on the agenda may request to do so at the time the item is called. MUNICIPAL MATTERS 9. PROPOSED SEWER CONNECTION ORDINANCE. Memorandum from City Manager Gregory T. Meyer dated June 3, 1987. (Con- tinued from May 26, 1987 and June 9, 1987 meetings.) Recommended Action: 1) Review and consider the proposed sewer connection fee ordinance; 2) set the proposed or- dinance for public hearing on July 14, 1987. 10. PROPOSED BALLOT MEASURE - AN ORDINANCE OF THE CITY OF HERMOSA BEACH SUBMITTED TO THE VOTERS BY THE CITY COUN- CIL REQUIRING THAT AN ADDITIONAL ASSESSMENT AND COLLEC- TION OF LICENSE TAX BE PLACED ON NEW RESIDENTIAL CON- STRUCTION. Memorandum from City Attorney James P. Lough 'V dated June 2, 1987 with supplemental - - 'u om Building and Safety Director Willi Grove dated e 8, 1987. (Continued from June 9, 19 7 -- - Recommended Action: To approve the placement Q ✓\ ordinance on the ballot for the November election. 11. STATUS REPORT REGARDING THE PARKING OF RECREATIONAL VEHICLES ON CITY STREETS. Memorandum from General Se vices Director Joan Noon dated May 28, 1987. Recommended Action: Direct staff as to the course of action they would like to pursue in this matter. 12. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER 13. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL (a) Legal issues regarding placement of oil revenue limita- tion on November ballot. Memorandum from City Attorney 8 7/- bc0 1.1_7 t rA) c“ Cr/6 (174,a e grz 0 LA4 4t---2 A OR b Pet t f7i,64G or p ECP i4IGld eps Q -Cie C.uP Poucv iivr— l C S u13S'C/2r,7 % Qv (c) 14. (a) James P. Lough dated May 4, 1987. (Continued from 5/12/ 87, 5/26/87 and 6/9/87 meetings.) Recommended Action: To receive and file report. Request by Mayor Pro Tem Etta Simpson and Councilmember June Williams to consider preparation of a report by City Attorney James P. Lough and Planning Director Michael Schubach re. establishing a threshold for re- volleAquirement of a PEIR ,„ / ( CC T Recommended Action: City Council to make policy deter- mination of whether to calendar this matter for debate. Letter from Mr. Tadao Hara, Principal, International Bilingual School Los Angeles dated June 5, 1987 re. sister city program. Memorandum from City Manager Gregory T. Meyer dated June 16, 1987. Recommended Action: Consider the offer and refer i either to a Committee of the City Council or to a citizen group. OTHER MATTERS - CITY COUN tS �Q si Mk Vacancies - Boards and Commission Planning Commission Community c i -i 8 PEARANCE OF INTERESTED Resources Two 4 -year terms engin June 30 19 ALAI Commission CITIZENS Tw en rF yew e �- 1 LS) Moo,. terms ng June 30 1991 Lvib ee Citizens wishing to address the City Council on any matter within the jurisdiction of the Council not elsewhere considered on the agenda may do so at this time. Citizens with complaints regard- ing City management or departmental operations are requested to submit those complaints in writing to the City Manager. ADJOURNMENT ?cokrao\-P z1\1 c,) Aq 6 CA-QQAA6 d) (s_ki(3-0 ofeAcT,;_,- ttL, (c4 SPL Sc Cullu, c��� )2'\; "41 R ?‘c),) am,.,, e) A -P w/izad f, T cc_J C e 13-.14c4cyta c,_rtiv\ vva- afLA vvcc, r-40.4 EQ.GL, 42.0?, ,Q,.,LA i9cQ O U6Qc-Q_ ud-E) uve¢,o0-4 4-er 4cti i t ` ) i ! ,i K Where there is no vision the people perish... 1 1(, t-- HERMOSA BEACH CITY COUNCIL AGENDA WELCOME! By your presence in the City Council Chambers you are participating in the process of representative government. Your government welcomes your interest and hopes you will attend the City Council meetings often CITY VISION A less dense, more family oriented pleasant low profile, financially sound community comprised of a separate and distinct business district and residential neighborhoods that are afforded full municipal services in which the maximum costs are borne by visitor/users; led by a City Council which accepts a stewardship role for community resources and displays a willingness to explore innovative alternatives, and moves toward public policy leadership in attitudes of full ethical awareness. This Council is dedicated to learning from the past, and preparing Hermosa Beach for tomorrow's challenges today. Adopted by City Council on October 23, 1986 NOTE: There is no smoking allowed in the Council Chambers' THE HERMOSA BEACH FORM OF GOVERNMENT Hermosa Beach has the Council -Manager form of government, with a City Manager ap- pointed by and responsible to the City Council for carrying out Council policy. The Mayor and Council decide what is to be done. The City Manager, operating through the entire City staff, does it. This separation of policy making and administration is considsered the most economical and efficient form of City government in the United States today. GLOSSARY The following explanations may help you to understand the terms found on most agen- das for meetings of the Hermosa Beach City Council. Consent Items A compilation of all routine matters to be acted upon by one vote; approval re- quires a majority affirmative vote. Any Councilmember can remove an item from this listing thereby causing that matter to be considered under the category Consent Cal- endar items Removed. For Separate Discussion. Public Hearings Public Hearings are held on certain matters as required by law. The Hearings afford the public the opportunity to appear and formally express their views regarding the matter being heard. Additionally, letters may be filed with the City' Clerk, prior to the Hearing. Hearings Hearings are held on other matters of public importance for which there is no legal requirement to conduct an advertised Public Hearing. Ordinances An ordinance is a law that regulates government revenues and/or public conduct. All ordinances require two "readings". The first reading introduces the ordinance into the records. At least one week later Council may adopt, reject or hold over the ordinance to a subsequent meeting. Regular ordinances take effect 30 days after the second reading. Emergency ordinances are governed by different provisions and waive the time requirements. Written Communications The public, members of advisory boards/commissions or organizations may formally communicate to or make a request of Council by letter; said letters should be filed with the City Clerk by the Wednesday preceeding the Regular City Council meeting. Miscellaneous Items and Reports - City Manager The City Manager coordinates departmental reports and brings items of, or for action by the City Council. Verbal reports may be given by the City Manager regarding items not on the agenda, usually having arisen since the agenda was prepared on the preceding Wednesday. Miscellaneous Items and Reports - City Council Members of the City Council may place items on the agenda for consideration by the full Council. Other Matters - City Council These are matters that come to the attention of a Council member after publication of the Agenda. Oral Communications from the Public - Matters of an Urgency Nature Citizens wishing to address the City Council on an urgency matter not elsewhere con- sidered on the agenda may do so at this time. Parking Authority to the attention • The Parking Authority is a financially separate entity, but is operated asan inte- gral part of the City government. Vehicle Parking District No. 1 The City Council also serves as the Vehicle pose is to oversee the operation of certain mote public parking in the central business Parking District Commission. It's pur- downtown parking lots and otherwise pro - district. Law Offices of James P. Lough JAMES P. LOUGH May 4, 1987 CITY OF HERMOSA BEACH MEMORANDU 1605 WEST OLYMPIC BLVD. SUITE 9018 LOS ANGELES, CALIFORNIA, 90015 (213) 381-6131 REGULAR CITY COUNCIL MEETING TO: Members of the City Council FROM: James P. Lough, City Attorney RE: Legal Issues Regarding Placement Limitation on November Ballot ^� oa14A if c-696 RECOMMENDATION: ---It is recommended that the City Council receive and file this report. This memo is in response to the Council's request for an opinion regarding the above-mentioned matter. The City Council is contemplating putting an initiative on the ballot which would limit use of any oil revenue received from onshore development to be used only for open space development and/or acquisition. This memo does not address the issue of revenues derived from oil taken from the tidelands. There are two types of revenues that the City could receive from onshore oil development. One type could be the royalties from the agreement signed with Macpherson Oil Company. The second type would be taxes and fees charged to Macpherson for doing business in the City or applying for various permits. Under the first category (royalty), a ballot measure could restrict these funds to whatever use the City Council desires. There is nothing in any state rule, law or constitutional pro- vision which would prevent such an earmarking of funds. Such royalty payments are contractual rights rather than taxes or fees and, therefore, not subject to all of the restrictions found under Proposition 13 and other similar laws. As to fees and taxes, the problem would become more diffi- cult. If the Council were to restrict taxes, such as business license taxes, received from Macpherson Oil to any particular type of use would probably run afoul'of the California Consti- tution. No city may pass a special tax without a two-thirds votes of the people. Earmarking the money in question for a particular use would probably make such a tax a special one and subject to this two-thirds vote requirement. As to fees gener- ated, a legal problem would arise in that fees generated are supposed to only be used to defray the actual cost of providing the service in question. If we were to charge fees to raise 17/SR0512A -1- REGULAR CITY COUNCIL MEETING OF MAY 12, 1987 TO: Members of the City Council FROM: James P. Lough, City Attorney RE: Legal Issues Regarding Placement of Oil Revenue Limitation on November Ballot open space funds, they would be subject to challenge as not relating to the cost reasonably borne for providing the services (permit review). The question would then become whether it is good policy to approve such a measure in the opinion of the City Council. One factor that should be noted is that the current oil well producing revenue for the City (the Stinnett well) currently only provides about ten dollars a month in royalties to the City of Hermosa Beach. The City Council might want to consider deferring this issue until test wells are sunk to determine whether or not there is enough oil above the mean high tide line to justify the expense of an election on this subject. JPL/gp Respectfully submitted, cc: Gregory T. Meyer, City Manager 17/SR0512A -2- JAMES P. LOUGH, City Attq±ney CITY OF HERMOSA BEACH / MINUTES OF THE,_.REGULAR .MEETING OF. THE .CITY..COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 9, 1987 at the hour of 7:50 P.M. CLOSED.SESS4ON - To discuss matters of personnel, litigation and potential litigation under Government Code Section 54956.9 held at 7:00 P.M. Present: DeBellis (arrived 7:05 P.M.), Rosenberger, Simpson, Williams, Mayor Cioffi Absent: None PLEDGE OF ALLEGIANCE Lance Widman ROLL CALL Present: DeBellis, Rosenberger, Simpson, Williams, Mayor Cioffi Absent: None ACTIONS.TAKEN IN .CLOSED._SESSION - Announcement from Closed Ses- sion of May 26, 1987: City Council agreed to submit to the At- torney General a request that the Attorney General render an opinion as to whether or not under Bagley v. Manhattan Beach the City Council can delegate to binding arbitration labor disputes. CITIZENS COMMENTS- None 1. CONSENT CALENDAR Action: To approve Consent Calendar items (a) through t with the exception of the following items which were pulled for discussion but are listed in order for clari- ty: (b) Williams, (d) DeBellis, (g) DeBellis, (j) Rosenberger (k) Rosenberger, (1) Williams, (n) Williams, (o) Rosenberger, (r) Williams, and (u) Williams. (a) Approval of Minutes: Budget Workshop of the City Coun- cil held on May 14, 1987. (b) Action: To approve minutes. Approval of Minutes: Regular meeting of the City Coun- cil held on May 26, 1987. Action: To approve minutes, noting on Item 11(d) Need for Environmental Review requested by Councilmember Simpson, the minutes note this item was continued to next meeting, but has since been continued to an un- specified date per the request of the Councilmember. Also noting correction on Item 11(g) Ballot Measure Railroad - statement for the record was made by both Councilmembers Williams and Rosenberger. Motion Williams, second Simpson. So ordered. 1 Minutes 6-9-87 1 (c) Demands and Warrants: June 9, 1987. Action: To approve Demands and Warrants Nos. 23372 through 23459 inclusive, noting voided warrants 23375, 23376, 23399, and 23402. (d) Tentative Future Agenda Items. Action: To receive and file. Motion DeBellis, second Rosenberger. So ordered. Further Action: To put on a future agenda a report on the status of Oil Drilling including the EIR, and State Lands Commission approval. Motion DeBells, second Rosenberger. So ordered. (e) City.Manager Activity Report: Memorandum from City Man- ager Gregory T. Meyer dated June 4, 1987. Action: To receive and file. (f) Request for Closed Session: Memorandum from City Man- ager Gregory T. Meyer dated June 3, 1987. Action: To calendar a Closed Session for June 23, 1987 at0 p.m. (g) Monthly Investment Report: Memorandum from City Treasurer Norma Goldbach dated June 2, 1987. Action: Receive and file. Motion DeBellis, second Rosenberger. So ordered. Further Action: That a report will be on the next agenda explaining FHLMC Investments. Motion DeBellis, second Rosenberger. So ordered. (h) Child Abuse Monthly Report. Memorandum from Community Resources Director Alana Mastrian dated June 12, 1987. (1) Action: To receive and file report. Acceptance of work as complete - asphalt area repair and resurfacing for park development (CIP.85-502). Memoran- dum from Public Works Director Anthony Antich dated May 20, 1987. Action: To 1) accept the asphalt area repair and resur- facing for park development performed by Sully -Miller Contracting Co. as complete; 2) authorize staff to release the Labor and Materials Bond and Faithful Per- formance Bond for subject project. 2 Minutes 6-9-87 (j) A'.roval of a:reement between Cit and Grou• D namics for Men's Pro Volleyball Tournament. Memorandum from Community Resources Director Alana Mastrian dated June 1,1987. Action: Approve agreement for sponsorship of the Hermo- sa Beach Open Volleyball Tournament and authorize Mayor to sign. Motion DeBellis, second Rosenberger. So ordered. (k) to (m) (n) Consideration of an information booth "kiosk" at the Pierhead. Memorandum from City Manager Gregory T. Meyer dated May 7, 1987. Action: Authorize staff to formally explore construc- tiltn of an all weather Kiosk to be situated on Pier Avenue in the area between the Strand and Beach Drive, with alternate sites explored including in front of the Tim Kelley statue. Motion Rosenberger, second Williams. So ordered. Report of City Council/Planning Subcommittee meeting. Memorandum from Planning Director Michael Schubach dated May 19, 1987. Action: To receive and file. Motion DeBellis, second Rosenberger. So ordered. Further Action: To put on a future agenda a discussion of having workshops with the entire City Council and Planning Commission on a regular basis. Motion Williams, second Rosenberger. So ordered, noting the objections of Cioffi and DeBellis. Business Relations Subcommittee report regarding meeting with the Downtown Merchants Assn. on May 13, 1987. Memorandum from General Services Director Joan Noon dat- ed May 18, 1987. Action: To receive and file. Request by Mayor Pro Tem Simpson for resolution of sup- port for Senate Concurrent Resolution No. 34. Action: Direct staff to return with resolution support- ing adoption of Senate Concurrent Resolution No. 34 designating State Highway Route 105 as the Glenn Ander- son Freeway. Motion Simpson, second Cioffi. So ordered, noting the objections of Rosenberger and Williams; with a request by Williams that the record reflects that we should be careful what we direct staff to spend time on. 3 - Minutes 6-9-87 (o) Indemnification •rovision.s of new Communit Recreation Agreement for County Lifeguard_ and Beach Cleaning Ser- vices at Hermosa Beach between County of Los Angeles and City:of.Hermosa Beach for a. five year period commencing July_l., 198/. Memorandum from City Attorney James P. tough dated June 2, 1987. Action: Approve indemnification clause. Motion Rosenberger, second Williams. So ordered, noting the objections of DeBellis and Williams. (p) Request by South. Bay Union High School District for ter- mination, of er-mination,of 1eaSe..agreement .with City. Letter from Dr. Edward King,' Deputy Superintendent, dated May 27, 1987. Action: Refer to staff. (q) Cancellation of Warrants. Memorandum from City Treasurer Norma Goldbach dated June 3, 1987. (r) (s) Action: To approve cancellation of Warrant No. 023305. Removal of parking on Pacific Coast Highway. Memorandum from Public Works Assistant Engineer Deborah Murphy, and Planning Director Michael Schubach dated June 4, 1987. Action: Staff to approach CalTrans with a letter in- dicating that the City will consider this, that studies need to be performed, and will CalTrans pay for them? Motion Cioffi, second DeBellis. So ordered. Claims for Damages: 1) Duffy Constr. Co./Valerie Driscoll, represented by Tucker, Goldby & Freeman, 3465 W. Torrance Blvd., Ste. H, Torrance 90503, filed May 20, 1987; 2) Heritage Transfer & Storage, 2076 Artesia Blvd., Torrance, filed May 28, 1987; 3) Danilo Vujicich, 7600 Manchester Blvd., Playa Del Rey, filed June 1, 1987. 4) Daniel M. Hatton, Sr., 321 Pier Ave., #4, filed June 2, 1987. 5) Daniel M. Hatton, Jr., 321 Pier Ave., #4, filed June 2, 1987. 6) David M. Hatton, 321 Pier Ave., #4, filed June 2, 1987. Action: To deny claim and refer to claims administrators. (t) Re ort from Councilmember Williams on Lea:ue of Califor- 9:7 Mayors and Councilmembers Legislative Briefing. held June 1.- 2, 1987. nia Cities 1 Action: To receive and file. 4 Minutes 6-9-87 1' (u) Report from Councilmember Williams on Sister. City meet- ing held on May 21, 1987. Action: To receive and file, with the indication that. the referenced poster could be presented at the first Council Meeting in July. Motion Williams, second DeBellis. So ordered. 2. ORDINANCES, AND RESOLUTIONS (a) AN ORDINANCE OF,.THE CITY OF HERMOSA BEACH,.CALIFORNIA, AMENDING SECTION 21-23.OF.THE MUNICIPAL.CODE, BY CHANG- ING THE TITLE FROM "DRINKING ON STREET OR.PLAYGROUND" TO !'INTOXICATION", AND BY ADDING.THERETO PROVISIONS_REG- ULATING CONSUMPTION OF ALCOHOLIC BEVERAGES UPON.ANY STREET, SIDEWALK Off PARKWAY, PARK, PLAYGROUND, POSTED ?REMISES, OR IN.ANY.PUBLIC PLACE,.OR.IN ANY PLACE. OPEN O THE PATRONAGE OF THE PUBLIC WHICH ARE.NOT.LICENSED FOR.THE CONSUMPTION OF SUCH ALCOHOLIC BEVERAGES ON THE PREMISES,.AND A PROVISION REQUIRING THE POSTING OF PREM- ISES LICENSED FOR.tETAIL OFF -SALE Of PACKAGED_ALCOHOLIC BEVERAGES. For waiver of full reading and introduction. Memorandum from Public Safety Director Steve Wisniewski dated May 29, 1987. Action: To waive full reading of Ordinance No. 87 - entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 21-23 OF THE MUNICIPAL CODE, BY CHANGING THE TITLE FROM "DRINKING ON STREET OR PLAYGROUND" TO "INTOXICATION", AND BY ADDING THERETO PROVISIONS REGULATING CONSUMPTION OF ALCOHOLIC BEVERAGES UPON ANY STREET, SIDEWALK OR PARKWAY, PARK, PLAYGROUND, POSTED PREMISES, OR IN ANY PUBLIC PLACE, OR IN ANY PLACE, OR IN ANY PLACE OPEN TO THE PATRONAGE OF THE 'PUBLIC WHICH ARE NOT LICENSED FOR THE CONSUMPTION OF SUCH ALCOHOLIC BEVERAGES ON THE PREMISES, AND A PROVI- SION REQUIRING THE POSTING OF PREMISES LICENSED FOR RETAIL OFF -SALE OF PACKAGED ALCOHOLIC BEVERAGES.", with the amendment that in the title and on line 10, "IN- TOXICATION" be changed to: "ALCOHOLIC BEVERAGE COMSUMP- TION ON STREET OR PLAYGROUND" Motion Williams, second Simpson. AYES - DeBellis, Rosenberger, Simpson, Williams, Mayor Cioffi NOES- None Further Action: At the request of the City Manager and Public Safety Director, this item was continued to the next meeting. Motion DeBellis, second Rosenberger. So ordered, noting the objection of Williams. 5 Minutes 6-9-87 3. ITEMS.REMOVED FROM THE.CONSENTCALENDAR FOR_SEPARATE DISCUSSION. Items (b), (d), (g), (j), (k), (1), (n), (0), (r), and. (u) were discussed at this time but are listed in order on the Consent Calendar for clarity. 4. WRITTEN,COMMUNICATIQNS.fROM.THE.PUBLIC - None PUBLIC HEARINGS 5. PROPOSAL TO EXTEND THE TWO.HOUR TIME LIMIT PARKING, ON - STREET, IN THE DOWNTOWN AREA, TO A THREE HOUR TIME LIMIT. Membrandum from General Services Director Joan Noon dated May 29, 1987. Mayor Cioffi declared the Public Hearing open, and made the written report a part of the record. The City Clerk stated that Affidavit of Publication was on file. Coming forward to speak on this item was: Gary Frost - Coast Drugs 58 Pier Avenue - in favor Bill Fowler - H.B. Chamber of Commerce - urged Council to look at recent actions already taken Action: To approve Subcommittee recommendation with the following additions: 1) No further changes be made for a one year period. 2) Downtown Merchants be asked to ac- tively support the validation program. 3) Multiple coin meters be installed. Motion DeBellis, second Rosenberger. So ordered, noting the objection of Simpson. 6. PROPOSED 1987-1988 BUDGET AND CAPITAL IMPROVEMENT PROGRAM. A. BUDGET MESSAGE FROM CITY MANAGER GREGORY T. MEYER DATED APRIL 30, 1987 B. BUDGET BULLETINS EMBELLISHING PROPOSED BUDGET - It was noted that 2 supplemental items were added - 23. Improvements list for CIP 86-604, and 24. South Bay Free Clinic Funding Request. C. PUBLIC INPUT AND COUNCIL DELIBERATIONS Action: To delete the phrase $40/mo. per Council - member in the City Council Budget. Motion Cioffi, second Rosenberger. So ordered, noting the objection of DeBellis. Minutes 6-9-87 The Public Hearing was opened. Coming forward to speak to the Council on this item was: Gary Brutsch - 3112 Hermosa Avenue - addressing ballot measures, withdrawl from the RCC, and the Beach Maintenance Agreement with the County. D. RECOMMENDATION TO INSTRUCT STAFF TO FINALIZE THE BUDGET RESOLUTION IN CONFORMANCE WITH THE FOLLOWING MODIFICATIONS: Action: To approve and amend the following 15 items, to be incorporated into the final budget approval at the next meeting. So ordered, noting the objection of DeBellis on items 3 and 10. 1. Approve Hermosa Beach School District's request for funding in the amount of $ 1,000 from Prospective Expenditures 2. Amend CIP 85-402, increasing the appropria- tion by $ 194,321 for a total of $ 652,951 from the Sewer Fund 3. Approve the N.L.C. request for Legal Center funding in the amount of $250 from Prospective Expenditures 4. Approve funding for the Transportation, Circulation and Parking Element in the amount of $70,000. Funding sources will be $10,878 Proposition A, $5,000 State Gas Tax, $37,000 County Gas Tax and $17,122 from General Revenue Sharing 5. Amend the liability insurance budget to include an additional $ 128,890 as des- cribed in Budget Bulletin 7 6. Approve the request for funding from South Bay Juvenile Diversion in the amount of $ 3,000. (Recommended Budget page 139) 7. Approve the request for funding from the Hermosa Beach County Library for LEPAC compact disc system in the amount of $1,500 (included in Recommended Budget, page 139) 8. Approve the appropriation of an additional $666 to the City Council budget for attend- ance by one Councilmember to the League Mayor and Councilmember Executive Forum 9. Approve an addition of $4,000 to the Elect- ions Budget for four ballot measures 10. Approve an addition of $2,000 to the Com- munity Resources budget for stage lights. 11. Approve an additional $5,000 to the Animal Control budget for replacement of a truck chassis 12. Designate $77,500 for costs relating to withdrawal from the RCC within the Reserve for Contingency 7 - Minutes 6-9-87 13. Delete CIP 85-130 in the amount of $78,650 ($67,813 Grant Fund, $10,837 State Gas Tax) from the Recommended Budget per the City Council action of May 12, 1987. The revenue estimate for Federal Aid Urban should be reduced accordingly by $67,813 14. Increase the Capital Improvement Designa- tion by $21,609 for a total of $243,165. 15. Approve the request of 1736 Family Crisis Center for an additional $5,000 for Child Abuse. E. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE FISCAL YEAR 1987-88 AND PROVIDING A JOB DESCRIPTION FOR SUCH COMPENSATION. Actio!: To adopt Resolution No. 87-5043 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE FISCAL YEAR 1987-88 AND PROVIDING A JOB DESCRIPTION FOR SUCH COMPENSATION." Motion Rosenberger, second Simpson. So ordered noting a NO vote by DeBellis. F. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY TREASURER FOR THE FISCAL YEAR 1987-88 AND PROVIDING A JOB DESCRIPTION FOR SUCH COMPENSATION. Action:.. To adopt Resolution No. 87-5044 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY TREASURER FOR THE FISCAL YEAR 1987-88 AND PROVIDING A JOB DESCRIPTION FOR SUCH COMPENSATION.", using Attachment "A", with the addition of a new Section "That the City Treasurer shall be eligible for the same insurance and re- tirement benefits as the City Council." Motion DeBellis, second Rosenberger. So ordered. Further Action: Street Lighting/Landscape Budget Bulle- tin No. 12 - Staff to proceed to establish such an amen- ded District - to prepare a more detailed report to in- clude all costs of creating and estimate of potential revenue. Motion Rosenberger, second DeBellis. So ordered. - 8 - Minutes 6-9-87 Furthar,.Action; Revised Business License Tax for Movie Theaters - Budget Bulletin No. 13 - City Attorney to prepare a ballot measure for voter consideration to amend the business license tax for movie theaters to a gross receipts rate of $100.00 for the 1st $20,000.00 plus $1.00 for each additional $1,000.00 of gross receipts. Motion Williams, second Cioffi (for discussion). So ordered, noting the objections of Rosenberger and DeBellis. Final.Aotion: South Bay Free Clinic Funding Request - Budget Bulletin No. 24 - Match grant fund for the South Bay Free Clinicin the amount of $4,000 to help cover the costs incurred by the 2000 Hermosa Beach residents the Clinic expects to see next year. Motion Rosenberger, second Mayor Cioffi. So ordered. 7. SUMMARY OF PROPOSED GENERAL.REVENUE,SHARING BUDGET 87- 88. Memorandum from Assistant City Manager Alana Mastrian dated June 9, 1987. A. PUBLIC SAFETY SERVICES - POLICE: CAPITAL OUTLAY $ 44,165 B. PUBLIC SAFETY SERVICES - FIRE: CAPITAL OUTLAY $ 30,835 The Public Hearing was opened, no one coming forward to speak on this item, the Public Hearing was closed. Action:. To approve the amended General Revenue Sharing Funds allocation as follows: A. PUBLIC SAFETY SERVICES - POLICE: CAPITAL OUTLAY $44,165 B. PUBLIC SAFETY SERVICES - FIRE: CAPITAL OUTLAY $27,480 VEHICLE LEASE PAYMENTS $3,355 C. GENERAL GOVERNMENT - CIRCULATION ELEMENT STUDY - $17,122 Motion Williams, second Rosenberger. So ordered. 8. A RESOLUTION OF THE CITY.COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT HERMOSA BEACH STREET LIGHTING DIS- TRICT FOR THE FISCAL YEAR COMMENCING !ULY_1 .1987• Memorandum from Public Works Director Anthony Antich dated May 27, 1987. - 9 - Minutes 6-9-87 The Public Hearing was opened, no one coming forward to speak on this item, the Public Hearing was closed. Action: To adopt Resolution No. 87-5045 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 1987 FOR THE HERMOSA BEACH STREET LIGHTING DISTRICT NO. 1987-1988." Motion DeBellis, second Williams. So ordered. A recess was called at 10:25 P.M. The meeting reconvened at 10:43 P.M. 9. CONSIDERATION. OF ENACTMENT OF 1985 CODES (BUILDING, PLUMBING, MECHANICAL,.HEATING, DANGEROUS BUILDINGS, ELECTRICAL AND FIRE). Memorandum from Building and Safety Director William Grove dated May 30, 1987. The Public Hearing was opened, no one coming forward to speak, the Public Hearing was closed. Action: To waive full reading of Ordinance No. 87-885 entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 7, ARTICLES I, II, III, IV AND CHAPTER 24 OF THE CITY CODE RELATING TO BUILDING AND PLUMBING REGULATIONS AND ADOPTING WITH CERTAIN ADDI- TIONS, DELETIONS AND AMENDMENTS, WHICH ARE SET FORTH HEREIN, THE RULES, REGULATIONS, PROVISIONS AND CONDI- TIONS SET FORTH IN THOSE CERTAIN CODES ENTITLED, "UNI- FORM BUILDING CODE, 1985 EDITION", "UNIFORM BUILDING CODE STANDARDS, 1985 EDITION", "UNIFORM HOUSING CODE, 1985 EDITION", AND "UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1985 EDITION", PROMULGATED AND PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND THE "UNIFORM PLUMBING CODE, 1985 EDITION" AND "UNIFORM MECHANICAL CODE, 1985 EDITION" PROMULGATED AND PUBLISHED JOINTLY BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS." Motion DeBellis, second Rosenberger. AYES- DeBellis, Rosenberger, Simpson, Williams, Mayor Cioffi NOES- None Final.Action; To introduce Ordinance No. 87-885. Motion DeBellis, second Rosenberger. So ordered. MUNICIPAL MATTERS 10. PROPOSED SEWER CONNECTION. ORDINANCE. Memorandum from City Manager Gregory T. Meyer dated June 3, 1987. (Con- tinued from May 26, 1987 meeting.) Not heard. - 10 - Minutes 6-9-87 11. BFI REFUSE RATE INCREASE.REQUEST. Memorandum from Building and Safety Director William Grove dated June 1, 1987 and letter from Charles Leonard, BFI District Man- ager dated May 27, 1987.. Action: To adopt Resolution No. 87-5046 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A 10.2% REFUSE RATE IN- CREASE EFFECTIVE JULY 1, 1987" ($6.30 to $6.94). Motion DeBellis, second Simpson. So ordered noting a NO vote by Rosenberger. 12. ESTABLISHING IN -LIEU SEWER CONNECTION FEE FOR_HERMOSA PAVI ION COMMERCIAL PROJECT. Memorandum from City Man- ager Gregory T. Meyer dated June 3, 1987. (Continued from May 26, 1987 meeting). Action: To approve the staff recommendations as follows: 1. Establish the "pro -rata" share of sewer improvement costs (15% - $63,392) to be borne by the Pavilion developer; and 2. Direct staff, as a matter of policy, to apply this same reasoning to all other such projects (develop- ments subject to environmental assessment wherein the determination is a sewer fee rather than con- struction of sewer lines) which will receive a Building Permit prior to enactment of a new Sewer Connection Ordinance. Motion Simpson, second Mayor Cioffi AYES - DeBellis, Simpson, Mayor Cioffi NOES - Rosenberger, Williams 13. PROPOSED BALLOT MEASURE - AN ORDINANCE OF THE CITY OF HERMOSA BEACH SUBMITTED TO THE VOTERS BY TH'E CITY COUN- CIL REQUIRING THAT. AN ADDITIONAL ASSESSMENT AND COLLEC- TION OF LICENSE TAX BE PLACED ON NEW RESIDENTIAL CON- STRUCTION. Memorandum from City Attorney James P. Lough dated June 2, 1987. Not heard. 14. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER 15. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL (a) Legal issues regarding placement of oil revenue limita- tion on November ballot. Memorandum from City Attorney James P. Lough dated May 4, 1987. (Continued from 5/12/ 87 and 5/26/87 meetings.) Not heard. - 11 - Minutes 6-9-87 (b) Oral report from .RCC Delegate Councilmember Rosenberger re. special meeting of the South Bay Regional Public Communications Authority. on. June 3, 1987.. Not heard. 16. OTHER MATTERS - CITY .COUNCIL 17. MEETING OF THE HERMOSA BEACH PARKING AUTHORITY. (Con- tinued from 5/12/87 and 5/26/87 meetings.) Not heard.• APPEARANCE OF INTERESTED CITIZENS ADJOURNMENT The Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Wednesday, June 10, 1987 at the hour of 12:22 A.M. to a Regular Meeting to be held on Tuesday, June 23, 1987 at the hour of 7:30 P.M., preceded by a Closed Ex- ecutive Session at 6:00 P.M. - 12 - Minutes 6-9-87 EbsyReader 6/22/87 Mayor and City Council City of Hermosa Beach Hermosa Beach Civic Center Dear Mayor and City Council: r .. :I •k •- 1.- To. ;i neP^h ..� Clti r. ,A,`-•)/ 11 J • doo RJ P.O. Box 726 1233 Hermosa Avenue Hermosa Beach California 90254-0726 (213) 372-4611 At the beginning of April you assisted the downtown Hermosa Beach merchants in negotiating a two-for-one validation agreement with Allright Parking, which operates the public parking lots in the downtown. At that time the merchants' association agreed to do what it could to increase its members' participation in the validation program. Toward that merchant to distributed end, in May Coralie Ebey and I visited each downtown encourage them to use the validations. We also validation signs to each of the merchants. As a follow-up, on Friday June 19 we surveyed each merchant to determine how many now validate and how many post signs that they validated. We identified 82 merchants who are potential users of parking validations. (Downtown merchants not surveyed included video productions companies and bookkeepers whose customers generally do not come to them.) The complete results of our survey are attached. Below is a summary. Merchants Validate 82* 65 Don't Validate Signs Posted 14 47 * We were unable to determine if 5 merchants who were closed validate. In brief, 82 percent of the merchants who could validate do. Of the 14 merchants who don't, two have their own lots and most of the others offer quick in -and -out service. I hope you find this survey helpful in reviewing the parking validation program for the downtown parking lots. cerely mosa Be h K Cody Her Downtown Merchants Association 1 i SUPPLEMENTAL INFORMATION Reflections from the South Rav I MERCHANT PARKING VALIDATION SURVEY Downtown Hermosa Beach 6/19/87 VALIDATE DON'T VALIDATE SIGN West side of Hermosa Avenue, from 11th Street to Pier Avenue Beach Cities Hair x x Pedone's Restaurant x JB's Restaurant x Sherman Art Gallery x x Hair x x JK Jewelry r, x King Cone r. x Back Burner (14th St) x x La Playita x x Harbor Blues Clothes x Bijou Theatre x x Restyle Clothes x r x Sears Savings x x Easy Reader x x NZ Travel r, Pier Avenue, North side. from Hermosa Avenue to The Strand Jeanne's x x Charlie's x Beach Store x Hermosa Cyclery x x 1 G1 G11-1 c J14 i 1 1 a. Casa Blanca Shear Art Lovy Davy I1 Boccacio Kevin's Jewelry Lappert's Ice Cream Hermosa Tackle Cantina Real Mermaid Cafe x x Pier Avenue, South side, from the Strand to Hermosa Avenue Scotty's x x Diana's x Hennessey's x x Fish Market x Endzane x x Lighthouse x x Hermosa Shirt Co. x Bamboo Hut x x Pier Ave. Market x Sushi Sei x - x Pier 52 x x Coast Drug x x Sunrise Restaurant x x s Robert's Liquor x Bank of America Pier Avenue, South side, Hermosa Avenue to Palm Ivey's Shoe Repair x John the Barber x Rainbow Camera x x Crustal Unicorn r, The Nut House r, La Penita x Pacific Screenprint x x Pier Ave, North side, Hermosa Avenue to Palm Prime Cut Hermosa Avenue, East side, from lith Street to 14th Street Richard's Supreme x x China Syndrome x Photography #8 x x Allure Swimwear ? X Dance Works x Strawberry Patch x x Surprise Store x x Card Galaxy x r. Hermosa General Store x x The Development x x V V I C f 1' i Q L C Old Soft Shoe r, Andrew's x Rea's Hardware Seymour's Jewelry x 3 Guys Y. New Wave Waterbeds ? De Ja Vu Perfect Fit Greeko x Mitra x Wings West r. Paper Moon x Specs Appeal x Hermosa Escrow x Beach Bea Tushery x The Scorpio Shop r, Dovic Swimwear Oriental Express x, Totals: 82* x x x x x x x x 65 14 47 *(Unable to determine if 3 stores validate because they were closed) June 5, 1987 HONORABLE MAYOR and MEMBERS of Regular Meeting of the HERMOSA BEACH CITY COUNCIL June 23, 1987 AWARD OF CONTRACT FOR IRRIGATION INSTALLATION AND LANDSCAPING FOR PARK DEVELOPMENT , CIP 85-502 Recommendation It is recommended that City Council: 1. Award the agreement to Landscape West for irrigation and landscaping installation at a cost not to exceed $24,697. 2. Authorize the Mayor to sign the agreement. 3. Authorize staff to issue addenda as necessary. Background On April 14, 1987 City Council approved the request for proposals and authorized staff to solicit proposals for the irrigation and landscape work for park development at Prospect Avenue, Gentry Street and Hollowell Avenue. Analysis Two sealed bids were received by the City Clerk on May 29, 1987. The bids were publicly opened and read aloud. Landscape West was the low bidder at a total cost of $22,452. The other bid follows: Ryco Construction, Inc. $33,133 The department estimate was $20,000. Staff contacted references given, who praised the quality of work and professionalism in executing their contracts. References contacted also said work was completed on schedule or prior to the required date of completion. Staff has determined Landscape West to be the most responsible and lowest bidder, and recommends that the agreement be awarded to Landscape West. FISCAL IMPACT Budgeted Year to date This Estimated Amount Expenditures Agreement Balance (4-30-87) CIP 85-502 $158,000 10% Contingency Total: $3,629 1 $22,452 2,245 $24,697 $129,674 The estimated balance has been set aside for wall repair, fence installation, athletic equipment and striping of basketball and volleyball courts and water meter replacement. Alternatives Other alternatives available to City Council are: 1. Drop the project. 2. Direct staff to re -bid the irrigation and landscaping in- stallation work. Antony Antich Director of Pu Works Gre;'ory T. eyer Cit Manager Attachment: Agreement Tentative Project Schedule 2 Respectfully submitted Lyrf' Stevens Administrative Aide NOTED FOR FISCAL IMPACT: Viki Copeland Finance Administrator PART 5. CITY OF HERMOSA BEACH AGREEMENT FOR Irrigation Installation and Landscaping for Park Development, CIP 85-502 THIS AGREEMENT is made and entered into this day of , 19 , by and between the CITY OF HERMOSA BEACH, CALIFORNIA, hereinafter referred to as "City", and a West, 800 Pearl St., Redondo Beach, CA 90277 Landscape hereinafter referred to as "Contractor". WITNESSETH: WHEREAS, City and Contractor have executed the bonds attached hereto as Exhibit A and incorporated by this reference, and WHEREAS, City desires to contract with Contractor to perform the services detailed in said bonds and in the Proposal, and WHEREAS, Contractor has represented that it is fully qualified to assume and discharge such responsibility; NOW,. THEREFORE, the parties hereto do agree as follows: 1. Scope of Services. City hereby employs Contractor to:. Perform the work necessary to achieve the installation of irrigation and landscaping as described on page 10 of the attached proposal. including miscellaneous appurtenant work. • Such work shall be performed in a good and workerlike manner, under the terms as stated herein and in the Notice to Contractors, Instructions to Bidders, Special Provisions and Specifications and the Proposal, and in accordance with the latest edition of the Joint Cooperative Committee, Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, document entitled, "Standard Specifications" (a copy of which is available for review in the Public Works Department). In the event of any conflict between the terms of this agreement and any of the above -referenced documents, the terms of this agreement shall be controlling. 2. Compensation. In consideration of the services rendered hereunder, Contractor shall be paid according to the prices as submitted on Schedule A of the Proposal. Payment shall be made within thirty (30) days after completion of Contractor's services. 3. Hold Harmless; Insurance. It is specifically understood and agreed by all parties hereto that Contractor is, for the purposes of this Agreement, an independent contractor and not an employee of the City. Accordingly, Contractor shall not be deemed the City's employee for any purpose whatsoever. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever for or against City and shall hold harmless and defend the City of Hermosa Beach from and against any and all obligations, claims, liens, or causes of actions, arising out of or related to Contractor's services hereunder. Contractor shall file and maintain on file with City at all times during the term of this Agreement, a copy or certificate of general liability insurance for bodily injury and property damage protecting Contractor in amounts not less than $1,000,000 for injuries to one person, $1,000,000 for injuries to more than one person and $1,000,000 for property damage. Such 2 insurance shall not be cancelled without thirty (30) days' prior written notice to City, shall name the City and its officers and employees as additional insureds, and shall include all automobiles utilized by Contractor's personnel in the performance of this Agreement. 4. Assignment. This Agreement may not be assigned by Contractor, in whole or in part, without the prior consent of the City. 5. Termination. This Agreement may be cancelled by City at any time without penalty upon thirty (30) days' written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all services rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder. IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written. CITY OF HERMOSA BEACH CONTRACTOR By: By: Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 3 - It PART 4. CITY OF HERMOSA BEACH State of California PROPOSAL TO THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH The undersigned, as bidder, declares that: 1. this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein; 2. bidder has carefully examined the project plans, specification, instructions to bidders, proposal, notice to contractors and all other information furnished therefore and the site of the proposed work; 3. bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quanitites of work to be performed and materials to be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the •event this contract be awarded to bidder, to enter into a contract with the City Council of the City of Hermosa Beach, to perform siad proposed work in accordance with the plans, if any, and the terms of the specifications, in the time and. manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary to do so, except such thereof as may otherwise be furnished or provided under the terms of said specifications, for the following stated unit prices or lump sum price as submitted on the Schedule A attached hereto. The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record as shown on Page 4 . PROPOSAL Accompanying this proposal is C -2,60-1/E71-15 G '.-_ (Insert "$ Z , z y 7.... oc, cash", "Cashier's Check", "certified check", or "Bid Bond", as the case may be) in the amount equal to at least ten percent (10%) of the total aggregate bid price hereof based on the quantities shown and the unit prices quoted. �.fECURITY PACIFIC NATIONAL BANK - iir: Bank -Check Accounting Services . Ey;r�• .Brea, California 92621-6398 No.02177419 1 6-4/1220 OFFICE NUMBER 277 DATE MAY, 29, 1987. PAY TO THE ORDER OF * * * * * * * * * CITY OF HERMOSA BEACH * * * * * * * * * * * *$2242.00********* • »� ,rte � i ,q ,ar. , „�..., !„ 11 V.I .17. . n e64���JIp , Lu witlli ���� •i ��, r,!:.!ivau AUTHORIZED SIGNATURE 11'02/77419v 1:L 220000431:92E0 9170L6++' secretary, treasurer, and manager thereof. Two notarizes and the corporate seal are required for corporations. let pf m m. ent, orricer-s a+gnatures LAviv LSA W4=57- Legal asiLegal Business Name Address P rrr- 57- ik'[10AJL 6 p 41 '627 7 Telephone 37/ - 00 8 8 Proposals which do not show the number and date of the Bidder's License under the provisions of Chapter 9 of Division 3 of the Business & Professional Code may be rejected. PROPOSAL -2- SCHEDULE A • CITY OF HERMOSA BEACH STATE OF CALIFORNIA... AGkEEMENT'FOR . IRRIGATIONV INSTALLATION'AND LANDSCAPING 5/29 J s-7 Bid Date Contractor's Name ITEM NO. - -- ITEM .• • . •- APPROX. : QUANTITY UNIT OF MEASURE . .__ PRICE - : (IN FIGURES) DOLLARS (IN FIGURE` 1. IRRIGATION INSTALLATION 100%''".- LUMP :SUM 44„Q./ 3.3.'°°• SA /°, 333°0 2. LANDSCAPE INSTALLATION ... : 100% LUMP. SUM• 112;1(B .6,5-:- 0 /a, //8.Ga- • TOTAL COST.?,5Z ' as . PROPOSAL -3- ....._ • .• ... - Le. ...,:..4._...,:0...:._..,..��_.._.,.._ _..... To be submitted with each bid to Project Identification contract for Bid date 5/ aq g . This information must include allconstruction work undertaken in the State of California by the bidder and partnership joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporate or individual bidder. The bidder may -- attach any additional information or explanation of data which he would like taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. • CONTRACTOR'S INDUSTRIAL SAFETY RECORD Record Last Five Year of Record 1982 19e3 1964 1905 198(e Total Current Year 1. No. of contracts 2. Total dollar amount of .,. '.contracts (in thousands . of%) ye, Z9'd2 .3'°Q° ` cP:1144°:',# POPO`"'O."G *3. No. of fatalities 'er 'o,-. "(- "6)-. *4. No. of lost workday cases elirr , jel- *5. No. of lost workday cases involving permanent transfer to another job or termina- tion of employment . meg_ . - *6. No. of lost workdays '/ 7i *The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. PROPOSAL -4- B The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. .�� x✓D SC-I-P— VJT Name of Bidder (print) Address City Zip Code PROPOSAL -5-.. - ..t•sig�u�e • .353333 c7-7 State Contractor's Lic. No. & -Classification - -= Telephone 3?1— boSZic B CONSTRUCTION SCHEDULE PROJECT NAME : Park Development - Prospect, Hollowell, Gentry ACCOUNT NUMBER : 125-401-8520-4201 TASKS Final design approval before advertising for construction Prepare advertisement & set bid opening date Advertising period (issue addendums as necessary) Accept sealed bids & public bid opening Review bids Award contract Sign contract (bonds,insurance & workers comp. cert.) Preconstruction meeting procedure Issue "Notice to Proceed" Construction Period Monitor progress & maintain records Progress payment and change order procedure Acceptance of work as complete Issusing and recording a "Notice of Completion" Retention Payment LEGEND TENTATIVE SCHEDULE : Immommineum ACTUAL SCHEDULE : X : 100% COMPLETE JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC } 111111111 } Project close out IIIIIIII 1 1 � 1111111111111111 1 1.111111 1E111111 111111111111r } } I I II 1111111111 it 1 1 1 1 1 1 11 I I�I II III II I'I1II11111' 111 111 } } } June: 16, 1987 Honorable Mayor and Members of City Council Meeting the Hermosa Beach City Council of June 23, 1987 •Y REQUEST TO APPROVE THE REVISIONS TO THE CLASS SPECIFICATIONS FOR MAINTENANCE II AND SWEEPER OPERATOR Recommended Action: To approve the attached revisions to the class specifications for Maintenance II and Sweeper Operator. Background: Staff received instruction from the City Council to initiate a "meet and confer" process with representatives of the Teamster Union, Local 911, regarding the class specifications of Main- tenance II and Sweeper Operator. The meeting with the union was for the purpose of exploring al- ternative means of assigning sweeper duties. One of the alterna- tives explored was to merge the duties of sweeper operator into the class specification of Maintenance II. As a result of the dialogue with the union, it was determined that the current prac- tice of maintaining two separate classification was more ap- propriate then combining the two. One major concern raised was that of safety. It was determined that the assignment of specific individuals to sweeper operation will allow for the training necessary to operate the sweeper in a safe and efficient manner. Analysis: The standards for employment for the Maintenance II and Sweeper Operator were revised for the following purpose: Maintenance II 1. Addresses the need for the occasional assignment of a trained Maintenance II to sweeper duties on a relief basis due to temporary absences of the Sweeper Operator. 2. Increases the standards'for employment by requiring graduation from High School or a GED equivelent. Sweeper Operator 1. Expands the employment standards to state that an indi- vidual must possess the ability to learn the operation of the sweeper, with previous sweeper operation desirable. is:. The attached revised class specifications meets the needs of the Public Works Department and addresses the concerns of the union. Upon approval of these class specifications, recruitment will be initiated to fill current openings for both of these positions. Respectfully submitted, Robert A. Blackwood Personnel Administrator Noted: A '•ny Antich, D ector Public Works artment Concur: Gregory Cit Manage er Teamster, Local 911, has agreed to this class specification. Union Representative 2 CITY OF HERMOSA BEACH MAINTENANCE II Definition: Under general supervision , to perform a variety" of semi -skilled and limited skilled manual tasks in the maintenance and improvement of public works and park facilities; to operate trucks and other motorized equipment, including light and heavy duty gasoline or diesel powered vehicles, and to do related work as required. May act as crewleader over several helpers. Distinguishing Characteristics: The position includes maintenance within the following divisions: Parks and Medians; Streets (may include occasional relief assignment to operate sweeper); Sewers and Storm Drains; Street Lighting; Traffic Safety; Building Maintenance; and Equipment Maintenance. Assignment to any division is subject to change depending on the need of the department. Typical.Tasks/Assignments: Builds forms for sidewalks, curb and drainage basin construction; assists in mixing, pouring and finishing concrete; excavates trenches, lays pipe and makes connections for sewer laterals; repairs sewer manholes and cleans sewer lines; paints traffic lines and markings, installs or maintains traffic signs or signals; maintains and services power equipment; operates sweeper; prunes and cares for shrubs and trees; operates compressor, cement mixer, backhoe/loader, mower, vibrator roller, dump truck and other City equipment; installs -- and maintains playground equipment; sewer lateral connection; sewer demolition inspection; performs basic electrical repairs; repairs and maintains buildings; does interior and exterior painting of buildings, carpentry, plumbing, and additional duties as assigned. Employment Standards: Any combination of education and experience equivalent to completion of High School or GED; and Two years of varied experience in maintenance or construction work including some semi -skilled assignments and equipment operation; and Knowledge of the common tools, equipment, materials and methods used in public works and park maintenance; and Ability to operate and make minor repairs and adjustments to trucks, sweepers and other City equipment; mechanical aptitude; physical strength and agility Ability to follow written and oral directions; and Possession of valid California Driver's License. 6/87 rab/maintll CITY OF HERMOSA BEACH SWEEPER OPERATOR Definition: Under general supervision to operate ]fight to heavy duty, gasoline and diesel powered equipment in the maintenance of City streets and allied facilities; also to service and maintain the equipment by the use of preventative maintenance measures in coordination with the City's equipment maintenance section. Distinguishing.Characteristics: This position could involve various schedules of street sweeping throughout the City. Shift work, including operation of the sweeper on weekends, may be necessary. Typical Tasks; Depending on the assignment, duties may include, but are not J limited to, the following: Operate various types of sweepers ranging from light to heavy duty, both gasoline and diesel in cleaning the City streets; Check all hydraulic fluid levels; change all types of brooms that correspond to various maintenance. Responsibility will also include notifying the Equipment Maintenance Division of the necessity of major mechanical corrections Qualifications: Knowledge of characteristics inherent to both diesel and gasoline engines; A working knowledge of three an -d four wheel types of sweepers; Knowledge of preventive maintenance procedures; Knowledge of the equipment noted within so as to possess the ability to operate such equipment carefully and safely; Ability to make field repairs and adjustments to the equipment; Mechanical aptitude; Ability to understand and follow oral and written instruction. Employment Standards: Any combination of education and experience equivalant to completion of the eighth grade. Ability to learn the operation of the types of equipment listed above. Previous experience as a sweeper operator is desirable. Possession of the appropriate California Vehicle Operator's License for the operation of the above named equipment. 6/87 sweepop/claudia Honorable Mayor and Members of the Hermosa Beach City Council June 16, 1987 City Council Meeting of June 23, 1987 AMENDMENT TO MEMORANDUM OF AGREEMENT FOR WORKERS' COMPENSATION ADMINISTRATION SERVICES Recommended Action: It is recommended that the City Council: 1. Approve the attached amendment to the Workers' Compensation Administration Services contract to acknowledge the contractors name change to Self Insurers Service, Inc., and authorize an in- crease in the fee for services to $9,000 per year for 40 claims and $225.00 per claim above 40, and 2. Authorize the Mayor to sign the amendment. Background: Im-July of 1985 the City contracted with Self -Insurers Service, Inc. (then R.L. Kautz & Co.) for services related to the ad- ministration of the City's Workers' Compensation claims. The original contract called for a three year agreement commenc- ing July 1, 1985 and terminating June 30, 1988. The contract was amended on July 1, 1986 to allow for a 6% increase to $8,000 for handling 40 cases per year and $200.00 per claim for all claims above 40. In addition, a ceiling of 15% was placed on any third year increase. As of May 31., 1987, the total number of claims processed through 38 for this contract year. Self Insurers Services, Inc. was Analysis: The proposed amendment allows for a $1,000 increase above the prior year fee for administering all claims up to 40, and $225.00 per claim above 40. This reflects an increase of $25.00 per claim (13%) for a projected 40 claims. Additionally, this amendment formally recognizes the administra- tor's name change to Self Insurers Service, Inc. Alternatives: 1. Issue a 60 day notice of cancellation to the Administra- tor and solicit proposals for workers' compensation administra- tion services from other claims management.,firms. Respectfully submitted, Robert A. Blackwood Personnel Administrator Concur: f—WL(Apet_ Gre ory T.tMeyer Cit r Manager it.. AMENDMENT NUMBER TO TO MEMORANDUM OF AGREEMENT FOR WORKERS' COMPENSATION ADMINISTRATION SERVICES DATED JULY 1, 1985 Effective May 17, 1987, the name of the contractor is hereby changed to Self Insurers Service, Inc. Effective July 1, 1987, the remuneration to be paid under this Agreement to the SERVICE AGENT by the SELF -INSURER shall be based upon a flat rate of NINE THOUSAND DOLLARS ($9,000) for the period July 1, 1987 thru June 30, 1988, for the first FORTY (40) claims and TWO HUNDRED TWENTY-FIVE DOLLARS ($225) per claim for all claims beyond the first forty (40), and shall be payable quarterly, commencing July 1, 1987, at the rate of TWO THOUSAND TWO HUNDRED FIFTY DOLLARS ($2,250) to be adjusted at year-end based on actual claim count. All other terms and conditions remain the same. CITY OF HERMOSA BEACH Date: PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach Attest: Date: City Clerk APPROVED AS TO FORM: James P. Lough City Attorney SELF INSURERS, SERVICE, INC. Attest: Date: co/9/y-7 AMENDMENT NUMBER TO TO MEMORANDUM OF AGREEMENT FOR WORKERS' COMPENSATION ADMINISTRATION SERVICES • DATED JULY 1, 1985 Effective May 17, 1987, the name of the contractor is hereby changed to Self Insurers Service, Inc. Effective July 1, 1987, the remuneration to be paid under this Agreement to the SERVICE AGENT by the SELF -INSURER shall be based upon a flat rate of NINE THOUSAND DOLLARS ($9,000) for the period July 1, 1987 thru June 30, 1988, for the first FORTY (40) claims and TWO HUNDRED TWENTY-FIVE DOLLARS ($225).. per claim for all claims beyond the first forty (40), and shall be payable quarterly, commencing July 1, 1987, at the rate of TWO THOUSAND TWO HUNDRED FIFTY DOLLARS ($2,250) to be adjusted at year-end based on actual claim count. All other terms and conditions remain the same. }' CITY OF HERMOSA BEACH PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach Attest: • City Clerk APPROVED AS TO FORM: James P. Lough City Attorney SELF INSURERS SERVICE, INC. Attest: Date: G k7 Date: Date: Tgatitorituttb glatrr'iaig AGREEMENT THIS AGREEMENT, entered into this first day of July, 1985, by and between CITY OF HERMOSA BEACH, hereinafter called THE SELF - INSURER, and R. L. KAUTZ & CO., a California corporation, hereinafter called THE SERVICE AGENT, for certain services in connection with the duties and responsibilities of THE SELF - INSURER under the provisions of the Workers' Compensation Laws of the State of California as a result of injuries to its employees. WITNESSETH: WHEREAS, THE SELF -INSURER has undertaken to self -insure its liability to its employees pursuant to the Workers' Compensation Laws of the State of California, and whereas, THE SERVICE AGENT is engaged in the supervision and administration of programs for self-insured employers, NOW, THEREFORE, for and in consideration of the mutual obliga- tions hereby assumed, and the performance of the acts hereinafter set forth, the parties hereto agree as follows: THE SERVICE AGENT agrees to supervise and administer the self- insurance program of the SELF -INSURER, to act as the representa- tive of THE SELF -INSURER in matters related to THE SELF-INSURER's obligations under the Workers' Compensation Laws of the State of California, and agrees further to provide to THE SELF -INSURER during the term of this Agreement all the services more particu- larly set forth hereinafter: 1. Administer the self-insurance plan of THE SELF - INSURER in full compliance with all rules and reg- ulations governing the administration of self- insurance pursuant to Sectior. 3700, et seq., Labor Code and -the California Administrative Procedure Act (Government Code, Title 8). 2. Provide a panel of physicians and specialists for the treatment of injured employees, subject to THE SELF-INSURER's approval; provide counsel and advice regarding THE SELF-INSURER's first aid and in -plant medical facilities and coordinate these activities with those of the Claims Department of THE SERVICE AGENT; and to supervise the furnishing of medical treatment to injured employees which is required under the Workers' Compensation Laws of the State of California. 3. Prepare and file in the name of THE SELF -INSURER all forms, reports and other documents required under the Workers' Compensation Laws of the State of California. 4. Compute and pay all disability benefits due injured employees and audit and pay all medical benefits from funds provided by THE SELF -INSURER for these purposes. t• 5. Maintain all records and statistical data on losses arising from employee injuries in accordance with the requirements of the Department of Industrial Relations, State of California. 6. Provide monthly a machine tabulated report on all employee injury claims showing amounts paid as medical or compensation expense, and the net reserve on each case. THE SERVICE AGENT shall open a bank account with a federally in- sured bank, as agent for THE SELF -INSURER, and shall have sole signing authority on said account. THE SELF -INSURER shall be responsible for maintaining sufficient balances in the account to cover the disability and medical benefits due or to become due to its employees. However, if at any time an overdraft exists on this account, THE SELF -INSURER agrees for the benefit of THE SER- VICE AGENT and the bank to be responsible for the amount thereof. THE REMUNERATION to be paid under this Agreement to THE SERVICE AGENT by THE SELF -INSURER shall be based upon a period commencing July 1, 1985, and shall be at the flat fee of Seven Thousand Five Hundred Sixty Dollars ($7,560) per annum. } This Agreement shall take effect July 1, 1985, and shall continue in effect until June 30, 1988, after which date this Agreement shall continue in effect until cancelled by either party as hereinafter provided. This Agreement may be cancelled by either party giving to the other, in writing, notice of his intention to cancel this Agree- ment sixty (60) days prior to any anniversary of July 1, 1985. Services herein contemplated shall cover the operations of THE SELF -INSURER in the State of California only. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their duly author--i-cers as of the day and year first above written.----- ATTEST: ritten.- "- ATTEST: /2 P IDENT of t -e City Council, and j AYOR of the City of Hermosa Beach, CA ../iY7 CITY CLERK R. L. BY: AMENDMENT NUMBER ONE TO MEMORANDUM OF AGREEMENT FOR WORKERS' COMPENSATION ADMINISTRATION SERVICES DATED JULY 1, 1985 Effective January 24, 1986, the name of the contractor is hereby changed to EMETT & CHANDLER SELF-INSURANCE SERVICES, INC. Effective July 1, 1986, the remuneration to be paid under this Agreement to the SERVICE AGENT by the SELF -INSURER shall be based upon a flat rate of EIGHT THOUSAND DOLLARS ($8,000) for the peri- od July 1, 1986 thru June 30, 1987, for the first FORTY (40) claims and TWO HUNDRED DOLLARS ($200) per claim for all claims beyond the first FORTY (40), and shall be payable quarterly, com- mencing July 1, 1986, at the rate of TWO THOUSAND DOLLARS ($2,000) to be adjusted at year-end based on actual claim count. Effective July 1, 1987, any additional increase in the renumera- tion for this agreement shall be for a mutually agreeable amount not to exceed a sum which would cause there to be an increase in excess of 15% above the renumeration for the preceding twelve (12) month period. Effective July 1, 1986, this agreement may be cancelled by either party, by its giving to the other, in writing, notice of its in- tention to cancel this agreement at least SIXTY (60), days prior to the date of termination. All other terms and conditions remain the same. CITY OF HERMOSA BEACH DATE: V.2,/e6 PRESIDENT f the ity Council, and MAYOR of t e City of Hermosa Beach • PPROVED AS TO FORM/� „/-- ,,,, mes P. L•ugh- (c3JtY Attorney N_EMETT & CHANDLER SELF -I SURANCE SERVICES, INC. ATTEST: DATE: s/ac--/p6 BY: DATE: r e6 DATE: } Honorable Mayor and Members of the City Council June 17,1987 City Council Meeting of June 23,1987 REPORT ON CITY OWNED FEDERAL HOME LOAN MORTGAGE SECURITIES At your June 9 meeting, the question was raised as to why I chose to invest in Federal Home Loan Mortgages (FHLMC) and why I would choose to invest in a 30 year venture as opposed to a shorter term one. As you know, the bulk of our portfolio has been tied up in the state investment pool. However, the limit to that pool is $5,000,000 and we were rapidly approaching that limit in March. The Certificates of Deposit market had fallen below the rate that the state pool was at. Federal and state law dictates strict investment parameters for public monies. FHLMC's are one of those instruments allowed municipalities. The FHLMC was established in.1970 to help maintain the availa- bility of mortgage credit for residential housing. To ac- complish this goal, the FHLMC purchases a large volume of conventional residential mortgages and participations in mortgages from members of the Home Loan Bank system. The FHLMC finances these operations by marketing guaranteed mortgage certificates and mortgage participation certificates. At first glance, it would appear that monies invested would be inexorably tied up for 30 years. Should that be our decision, such could be the case. However, most public investors with fairly short-term objectives concentrate on the fact that rarely are these mortgages held more than 10-12 years due to pay-offs or trades. Should the city decide to sell the securities, we would simply ask for a bid on a corporate settlement. These are wireable securities and once an agreement is reached a sale could be complete within a week to 10 days. At present, the FHLMC market is stronger and pays a considerably higher yield than Certificates of Deposit or the state pool. The state pool is really only viable when interest rates and traditional C.D.'s fall, due to the size of the pool. Federal Home Loan Mortgages are widely used by city treasurers. They are guaranteed and considered to be safe investments by public agencies. 1 z Page 2 FHLMC Securities The two FHLMC that we have purchased were handled through Pershing Corporation, a division of Donaldson, Lufkin and Jenrette, members of the National Association of Securities Dealers (NASD) with a secure 27 -year -history. Attached for your perusal are cash flow analysis' for both of the city's investments. In addition, I have included a mortgage-backed security analysis on both investments. I am hoping that this information will help to clarify any questions you might have had. Re pectfully Norma Goldb.' h City Treasuf-e-r NOTED: It Gre ory(T T. eyer Cit? Manag r $ DOVER GROUP MORTGAGE-BACKED SECUJRITY ANALYSIS FREDDIE MAC ANALYSIS Que,ntity $260000.00 Pool* 1.70105 Coupon 9.5% Experience (2Yr, 1.Yr•., 6Mn, .Mn, It:>sue) Minimum Face Amount X Current: Factor .._ Balance Remaining X Current Offering Price = Amount of Investment -t• Ac:cr.. Int. to 6/22 = Total Amount Due $260000.00 .9)8966:1. $241531.19 99.,75 $240927.36 $1338..49 $242265.04 / - / - / - / •- 15 Sery Co: Geo Loc: Dated Date 8/01/1986 Due Date= 8/1/:016 Time Elapsed 0 Yrs, 10 Mnth Current Return 9.520001 '/. Minimum Principal $129.20 Minimum Interest $1912.12 Total P&I Next Mnth $2041.33 At 100% FHA Experi.en.: Yield= 9.343%, Bond Eciv. = 9.527%, Wt. Av. Lf. = 11.6 Yrs Next 12 Months Next 5 Years Next 10 Years Principal + Interest = TOTAL CASHFLOW % CASHFLOW ON INVEST., r5581 d> 1..� � 1. ,.) a 89 3'2.334.. 10 --------- $37920.99 ------L-- 15.74% $00214.90 $95109.49 $125758.89 $160000.64 31.75324. 39 $285759.53 72.77% 118.61% At 15 0% FHA Experi.en.: Yield= 9.316%, Bond Eqv. = 9.499%, Wt. Av. Lf. = 9 Yrs Next 12 Months Next 5 Years Next 10 Years Principal + interest $22262.52 22.752 $220:0.64 TOTAL. CASHFLOW $44333.16 % CASHFLOW ON INVEST. 18.40% At 07. FHA., PSA or CPR: Yield= 9.393%, Next 12 Months Principal + Interest $1619.02 $22076.14 TOTAL CASHFLOW $24495„96 .4 CASHFLOW ON INVEST. 10,.17'/« 3106915.76 $87804.82 $156735.20 $138538.23 $194720.58 $295273.44 85.02% 122.56% Boncl E.qv. = 9.579001%, Wt. Av. Lf. = 20.7 Yrs Next 5 Years Next 10 Years $9874.43 $112605.41 $25723.00 $219236.70 $122479.84 $244959.70 50.847. 101.67% New Tape Est Mat YCalc Graph F'rt Coma Stlmt Find .Add View Cash Help DOVER GRC:'UF MORTGAGE-BACKED SECURITY ANALYSIS FREDDIE MAC ANALYSIS Quantity $250000. 00 Pool 269201 Coupon 8% Experience (2Yr, 1Yr, 6Mn, 3Mn, issue) Minimum Face Amount $250000.00 X Current Factor .9984056 = Balance Remaining $249601..41 X Current Offeri.ng Price 98..969 Amount o -F Invel;tment $247027.27 Accr., ]:nt. to 6/22 $1164.81 = Total Amount Due $2.48192..08 Sery Co: Geo Loc: Dated Date Due Date Time Elapsed Current Return Minimum Principal. Minimum interest Total P&I Next Mnth 15 3/01/1987 3/1/2017 0 Yrs, 3 Mnth 8.08 `/. $171.18 $1664.01 $1835.19 At 100 FHA Experien..: Yield= 8.006%, . Bond Eqv. = 8.141%, Wt. Av. Lf. = 11.6 Yrs Next 12 Months Next 5 Years Next 10 Years • Principal 4. Interest -- TOTAL CASi-iFLOW • CASHFLOW ON INVEST. $9962.55 $19688.83 $296'51.38 12..00% $80177.52 $84756.48 $131126.44 $141501.06 $164934.00 $272627.50 66..77% 110.36% At 150% FHA Experien.: Yield= 8.007%, Bond Erly. = 8.142%,- Wt. Av. Lf. = 9.2 Yrs Next 12 Months Next 5 Years Next 10 Years Principal j Interest $13784.59 $19588..90 = TOTAL CASHFLOW $33373.49 1 CASHFLOW ON INVEST. 13.51% At O% FHA, PSA or CPR Yield= 8.004%, Next 12 Months Principal 1, Interest $2131.38 $19891.09 TOTAL CASHFLOW $22022.47 CASHFLOW ON INVEST. 8.91% $106360.24 • $79336.57 - $162317.84 $124164.34 $185696.81 $286482.19 75.17% 115.97% Boncl Ec:ly. = 8.139'/., Wt. Av. Lf. = 20.4 Yrs Next 5 Years Next 10 Years *12579.03 $97533.36 $31319.92 $188904.89 $110112.39 $220224.81 44.577. 89.15% r Cash Flow Analysis Pool TYp12: FHLMC: C:c1uF.cIr-, (%): t,. iii' Original Face: 25i10i10. 000011 !arc (%): =.511 Maturity (Years): :30 Delay (Days): 75 CPR (%): A.000 Age (Months): 4 GPM (Y/N) : N MONTH BALANCE INTEREST PRINC:IF'AL F'REF'AID TOTAL CASH 1 248,162.57 1,664. 01 155.92 1,282.90 3, 102.82 246, 720. R5 1,654.42 156. 12 1,275.60 :i, l_IL:f., 1: { C2 2 245,30A.21 1,644.87 156. 32 1,268.33 -4,0.9. 1�.'3, _1 . 443, 888.58 1,6:35.37 156.52 1,i 5�F.1. 111 :�, f1.122. r �9 242, 477.96 1,A25.92 156.71 1,252.91 3, i 1:36.55 A 241,074.29 1,61A.52 156. 91 1,246.76 2,0'0.19 739,677.54 1,607.1A 157.11 1,239.64 3,002.91 r. 228,287.68 1,597.85 157.:ill 1,222.51; 2,987.71 2,971.A0 '� �3F.. 9104. 67 1,588.58 157. 511 10 225,52R.41; 1,C79,ih157.70 1,218.51 2,955.57 11 234, 159.04 1,570.19 157.89 1,211.53 ,9;9.F.1 12 1,561.06 153.03 1,204.60,9 3.74 13 221,440.2R 1,551.9R 15x8. 28 1,197.70 , 907.95 14 230, 091.0„ 1,542.94 158.47 1,190.R-4 2,R92.24 15 228,748.41 1,533.94 158.66 1,1R4.00 2,876.61 to scroll, , ' F1 ' for graphics, 'ECC' to exit. Cash Flow Analysis Pool Type: FHLMC Coupon (%): 9.50 Original Face: '7'50000.0000000 Gross (%) : 10.49 Maturity (Years) : 20 Delay (Days): 75 CPR (%): _.01 Age (Months): 10 IaF'M (Y/N) : N MONTH BALANCE INTEREST PRINCIPAL F'REF'AII:1 TOTAL CASH 1 230,5:30.69 1,338.58 101.32 1,A09.52 3, 549.4' 2 223,831.54 11 31.54 1,825.3 101.45 1,597.70 :3,5'24.19 •j 227,144.00' 1,811.58_ r 11.11. �� 1, L5Iti8c l, _1 F. 3,499.12 4 225,467.97 1,798.22 101.72 1,574.30 3, 474.25 5 223,R03.39 1,784.95 101.85 1,-5E.2. 7 3 2,449.52 6 2'22,150. 18 1,771.78 101.93 1,551.23 :3,424.99 7 220,50R.'5 1,758.69 102.11 1,529.82 2,400.62 3 218,877.52 1,745.69 102.25 1,528.48 3,376.41 9 217,257.93 1,732.78 102 28 1,517:22 3, 352. 3R 10 215,649.39 1,719.96 102.51 1,506.04 3,38.50 11 214, 051. 82 1,707.22 102.64 1, 494.93 3,204.79 12 212, 465.14 1,694.58 102.77 1,483.90 3,281.25 12 210, _9.311 1,642.02 102.90 1,472.95 3,257.87 14 2119, 224. 19 1,669.54 102.02 1,4A2.08 3, :34.64 15 207, 7F_.9. 76 1,657.15 102.16 1,451.28 4, 211.58 t.'' scroll, 'F1' for graphics, 'ESC' to exit June 19, 1987 Honorable Mayor and Members of City Council Meeting the Hermosa Beach City Council of June 23, 1987 AWARD OF BID FOR EXCESS WORKERS' COMPENSATION INSURANCE TO EMPLOYERS REINSURANCE CORPORATION Recommended Action: It is recommended that the City Council award the bid for the City's Excess Workers' Compensation Insurance to Employers Rein- surance Corporation in the amount of $22,390; award subject to the City not receiving other bids at a lower premium for equiva- lent coverage prior to the City Council meeting of June 23, 1987. Background: In September of 1985 the City contracted with Cal-Surance Associ- ates, Inc. for services regarding the purchase of the City's ex- cess workers' compensation, property, and vehicle damage insurance. The City's current excess coverage for workers' compensation claims expires June 30, 1987. This coverage is with Employers' Reinsurance Corporation and affords the City statutory coverage with a $150,000 Self Insured Retention (S.I.R) level. Mr. David Williams, of Cal-Surance, has advised this department that as of this date, June 19, 1987, only one company has re- sponded with a quotation for bidding on the City's excess work- ers' compensation insurance. Of the three other companies Cal- Surance approached, two were found to have an unacceptable rating and the third, General Reinsurance Corporation has not delivered a quote. Analysis: Employers Reinsurance Corporation submitted the following quotes: 1. S.I.R. $200,000 Limit: Statutory Premium: $22,390 2. S.I.R. $200,000 Limit: $10 Million Premium: $20,990 Staff recommendation is to accept quote #1 with the statutory limit. A Statutory limit provides coverage regardless of any judgement amount. A $10 million cap would expose the City to any amount in excess of that amount in the case of a catastrophic loss. Id .7 Employers' Reinsurance Corporation would not provide a quote for coverage with less than a $200,000 S.I.R. The $50,000 increase in S.I.R. has been provided for in the recommended budget as modified for presentation at the June 23 Council meeting. Re pectfully submitted Robert A. Blackwood Personnel Administrator Noted for Fiscal Impact: Viki Copeland Finance Administrator Concur: ory T. Meyer _` Ci.y Manager 662 JliNI: 3, 1987 A special meeting of the Board of Directors of the South Bay Regional Public Communications Authority was held in the SBRPCA meeting room, 12345 South Hawthorne Way, on the above date. The meeting was called to order by Councilman Bookhammer, the time being 6:30 p.m. It was noted there was a quorum in attendance. PRESENT: Councilman Carl W. Jacobson, City of El Segundo Councilman Paul Y. Tsukahara, City of Gardena, Vice Chairman Councilman Charles W. Bookhammer, City of Hawthorne, Chairman Councilman James Rosenberger, City of Hermosa Beach Councilman Gil M. Archuletta, City of Manhattan Beach ABSENT: None OTHERS: Robert J. Benson, Executive Director, SBRPCA Maren Seidman, Administrative Assistant, SBRPCA Cappy Cross, Technical Services Manager, SBRPCA Robert Husby, Computer Consultant, SBRPCA Julia E. Sylva, Attorney, SBRPCA Chief Richard K. Propster, Gardena Police Department B/C Carl Nessel, El Segundo Fire Department Captain Richard Prentice, Hawthorne Police Department Cheryl Matson, Teamsters Chief Steward, SBRPCA ACTION ITEMS 1. IMPACT OF HERMOSA BEACH WITHDRAWAL ON SBRPCA OPERATIONS Councilman Bookhammer said this special meeting was called to discuss the impact of the Hermosa Beach City Council's decision to withdraw from the Authority. He said the City Managers of the remaining four cities are continuing with the funding of the new computer system. The Board members from El Segundo, Gardena, Hawthorne, and Manhattan Beach said their cities are staying in the Authority. Councilman Archuletta said his city's main concern was how they would be affected because Hermosa Beach plans to have only one dispatcher per shift; e.g., how would pursuits be handled? He felt a regional center is the only way to go, and thought Hermosa Beach was making a mistake. Mr. Benson said the procedure now is to do a cross-channel broadcast if the two cities are not on the same channel. If Hermosa Beach is dispatching, the officer would have to notify the dispatcher of the pursuit and the dispatcher would then notify Manhattan Beach by phone. Councilman Rosenberger said Hermosa Beach could change its position. The proposed 7 -year commitment is what brought about the decision. As part of a 2-3 step process, they are setting aside money for equipment purchase. A final decision will be made at their quarterly budget meeting in October. Councilman Archuletta said that since a 7 -year commitment has to be made before October, lee ti(;:; ,1 l' N l•. .l, 1 Si,S i what would happen if Hermosa Beach decided to remain? Mr. Benson said it would then be a matter for the directors to discuss and decide what costs the other cities have incurred and Hermosa Beach would pay its share. Mr. Benson said the funding documents have been changed, i:eapportioning Hermosa's share, and will require approval of each City Council. Mr. Benson said the City Managers expressed disappointment in Hermosa's decision. If Hermosa should decide to remain, no obstacles would be placed in the way to hinder the return. Councilman Jacobson said Hermosa would have to make a commitment to the other cities because they wouldn't be on the COP documents. Councilman Tsukahara said the figures presented to the Hermosa Beach City Council should be reanalyzed. When Redondo Beach left, they thought they could have a better system for less. Now they have less and it costs more. Councilman Archuletta said the key issue is the number of dispatchers needed to operate a center. If you have to add one more, the costs go up considerably. Mr. Benson said 5.5 people are required to staff a 24-hour position, 7 days a week. Cc.incilman Rosenberger said staffing was considered, and their Public Safety Director felt that one dispatcher could handle the workload. Mr. Benson said Hermosa Beach averages about 1,000 calls per month; during July and August, about 1,500. He doesn't think the quality of service would continue if they dispatch themselves. Councilman Archuletta asked if the Bond Counsel was aware of the current situation. Mr. Benson said the Bond Counsel and the Bank prepared the new funding documents. He felt that the budget could be cut by one-half of Hermosa's assessment, but that the full amount couldn't be absorbed. Councilman Bookhammer asked if it would be appropriate to call a closed session at this time to discuss MOU negotiations. Discussion continued, and the Attorney advised that a closed session couldn't be held because of the emergency meeting situation. Mr. Benson said that on earning of Hermosa's decision, he postponed MOU negotiations. He asked if negotiations should continuo, with or without a bottom line figure, or should the current contract be imposed for an additional year. The Board members were in agreement that the current contract should be frozen because future costs are unknown. Mr. Benson asked the attorney if the contract could be extended for one year. Ms. Sylva said that it could be with the other party's approval. Discussion continued, and the Board directed the attorney to research a provision in the law that would allow a public agency to impose a contract for one year without the other party's approval. Councilman Bookhammer said that Mr. Benson has heard the Board's opinion, and should prepare a Resolution based on the Attorney's research. Mr. Benson said that he has appointed a senior Communications Supervisor as Acting Operations Manager. Councilman Jacobson asked if he was planning to fill the Supervisor position. Mr. Benson said no, not at this time. 661 ,JUN}. 3, 1987 Mr. Benson said MDT refresher training will begin in July, with Hermosa Beach still scheduled to be first. Councilman Bookhammer asked the attorney if Hermosa Beach could vote on Board actions since they have given notice of withdrawal. Ms. Sylva said they have full voting powers until the day of withdrawal. Asked about tie votes on a four -member Board, Mr. Benson said a majority of three would still be needed. If only three members are present, the majority would be two. Councilman Bookhammer asked Chief Propster if it would be appropriate to call a meeting of the User Committee so they could prepare an analysis of the Hermosa Beach withdrawal. Chief Propster said he personally felt he would need access to much information about Hermosa Beach before he could do that. He said that he didn't get the full report that was given to the Hermosa Beach City Council. He said if the Public Safety Director asked him as a colleague, he would be glad to offer his opinion. Councilman Bookhammer asked Councilman Rosenberger to have the Public Safety Director speak with the Chiefs on an individual basis. The meeting adjourned at 7:10 p.m. Honorable Mayor and Members of the Hermosa Beach City Council 5c)June 16, 1987 City Council Meeting of June 23, 1987 A RESOLUTION OF -THE CITY COUNCIL APPROVING AN AMENDMENT TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY JOINT POWERS AGREEMENT TO PROVIDE FOR THE ADMITTANCE TO MEMBERSHIP OF THE CITIES OF COLTON AND MONROVIA; APPROVING AND AUTHORIZING VALIDATION PROCEDINGS AND DESIGNATING CITY REPRESENTATIVES Recommended Action: It is recommended that the City Council adopt the attached Resolution and authorize the Mayor to execute the amendment to the Joint Powers Agreement. Background: As.a part of the development of the Independent Cities Risk Man- agement Authority (ICRMA) liability insurance pool, additional -{ municipalities were contacted by ICRMA staff to determine their interest in joining the program. The Cities of Colton and Monrovia have requested that they be allowed entrance into the Joint Powers Agreement in order that they may avail themselves of this opportunity to participate in the liability insurance program. In order for ICRMA to expand membership in the Capitalized Liability Pooling Program, all existing member cities must ap- prove a resolution amending the Independent Cities Risk Manage- ment Authority Joint Exercise of Powers Agreement. Additionally, validation proceedings must be initiated in the court for Monrovia and Colton. This validation action is similiar to the validation process conducted prior to the ICRMA commencing its insurance program. Analysis: The City of Hermosa Beach benefits from admitting additional cit- ies who will not adversly impact the pool. Among the benefits is a reduction in administrative costs. It was actuarialy determined that the cities of Monrovia and Col- ton will not adversely impact the existing pool. This determina- tion is based upon an analysis of each city's loss history. In addition to approving the amendment to the Joint Powers Agree- ment and authorizing validation proceedings, the attached resolu- tion reaffirms this City's designated representatives to the ICRMA Governing Board. pectfull submitt Robert A. Blackwood Personnel Administrator Concur: Ae�� Gr gory T. Meyer City Manager zn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING AN AMENDMENT TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY JOINT POWERS AGREEMENT TO PROVIDE FOR THE ADMITTANCE TO MEMBERSHIP OF THE CITIES OF COLTON AND MONROVIA; APPROVING AND AUTHORIZING VALIDATION PROCEEDINGS AND DESIGNATING CITY REPRESENTATIVES WHEREAS, the City of Hermosa Beach ("City") is a municipality duly organized and existing under the Constitution and laws of the State of California -(the "State"); and WHEREAS, Hermosa Beach has joined with the Cities of Alhambra, Arcadia, Azusa, Baldwin Park, Bell, Culver City, Downey, El Monte, Gardena, Glendora, Hawthrone, Huntington Park, Indio, Inglewood, Lynwood, Manhattan Bach, Monterey Park, Redondo Beach, San Fernando, South Gate, Vernon, West Covina and Whittier, California, to form the Independent Cities Risk Management Authority; and WHEREAS, The Cities of Colton and Monrovia, have applied for membership in the Independent Cities Risk Management Authority with their approval to membership contingent upon approval by the existing member cities, their compliance with the provisions of the Independent Cities Risk Management Authority Joint Powers Agreement and the conditions of admittance as determined by the Independent Cities Risk Management Authority Board and the successful completion of a validation action which will be filed with the court, a validation action similar to that which was processed through the court when the Independent Cities Risk Management Authority commenced its insurance program in 1986; and WHEREAS, this City Council is of the view that permitting additional qualified members to membership in the Independent 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Cities Risk Management Authority benfits this City and all of the member cities; NOW, THEREFORE, be it resolved by the City Council of the City of Hermosa Beach as follows: 1. Approval of Amendment Joint Powers Agreement. This City approves an amendment to the Independent Cities Risk Management Authority Joint Powers Agreement to admit into membership the Cities of Colton and Monrovia provided that these new cities comply with all conditions of admittance as determined by the Independent Cities Risk Management Authority Board. 2. Validation Proceedings. The Mayor, City Manager, / Director of Finance, City Clerk and any other officer or official of the City authorized by the Mayor are hereby authorized and directed to participate and cooperate to the fullest extent practicable with the Independent Cities Risk Management authority, the other member cities and representatives of Brown & ood ("Special Counsel"), which firm has heretofore been retained by the Independent -Cities Risk Management Authority as legal counsel with respect to the amendments and validation proceedings and which retention is hereby ratified by this Council, in the conduct of validation proceedings regarding the amendments to the iability Risk Coverage Agreement and the First Amendment to rust Agreement and to do any and all things and to execute and •eliver any documents which such officers and staff may deem ecessary or advisable in connection therewith. 3. City Representative. Anthony Debellis, Councilmember of his City and Robert A. Blackwood, Personnel Administrator of his City, previously designated by this Council as the City's epresentative and alternate, respectively, to the Independent 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 Cities Risk Management Authority Governing Board and to the Liability Risk Management Committee are hereby confirmed and designated as the City's delegate to the Independent Cities Risk Management Authority Governing Board for all purposes of representing the City's interest and exercising the authority of the City with respect to the Coverage and the program and voting on behalf of the City on all matters delegated to the Governing Board and signing such amendments as are contemplated to be approved by the Governing Board and such individuals shall keep this Council informed of such matters on a timely basis. 4. Effective Date. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS the following vote: AYES: NOES: ABSENT: ATTEST: City Clerk APPROVED AS TO FORM: day of June, 1987, by PRESIDENT of the City Council; and MAYOR of the City of Hermosa Beach, CA. ity Attorn ab/resol 3 INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES ICRMA051387 AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR INSURANCE AND RISK MANAGMEENT PURPOSES This agreement is executed by and among Municipal Corporations, hereafter referred to as Member Cities, organized and existing under the laws of the State of California which are signatory to this Agreement and listed in Appendix "A", which is attached hereto and made a part of. This Agreement, dated May 13, 1987 amends the Joint Exercise of Powers Agreement For Insurance and Risk Management Purposes dated August 13, 1986. RECITALS This Agreement is predicated upon the following facts: A. The Member Cities are Municipal Corporations organized and operating under the laws of the State of California. B. The following State laws, among others, authorize the Member Cities to enter into this Agreement: 1. Labor Code Section 3700, allowing a city to fund its own Workers' Compensation claims; 2. Government Code Section 990, permitting a city to insure itself against tort or inverse condemnation liability; 3. Government Code Section 990.4, permitting a city to provide insurance and self-insurance in any desired combination; 4. Government Code Section 990.6, permitting the proper costs for self-insurance to be charged against each city and authorizing the Governing Board to make premium payments for such coverage in an amount such Governing Board determines to be necessary to provide such coverage; 5. Government Code Section 990.8, permitting two or more cities to enter into an agreement to jointly fund such expenditures under the authority of Government Code Sections 6500-6515; 6. Government Code Section 6500-6515, permitting two or more cities to jointly exercise under an agreement any power which is common to each of them. NOW, THEREFORE, for and in consideration of the mutual benefits, convenants, and agreements set forth in this Agreement, the parties agree as follows: ARTICLE I. CREATION OF THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY. Pursuant to Article I (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, the parties hereto hereby create a public entity separate and apart from the parties to this Agreement, to .be known as the Independent Cities Risk Management Authority, hereinafter referred to as the "Authority." Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of the Authority shall not constitute debts, liabilities, or obligations of any party to this Agreement. A Member City may separately contract for or assume responsibility for specific debts, liabilities, or obligations of the Authority. Pursuant to and to the extent required by Government Code Section 6509, the Authority shall be restricted in the_. exercise of its powers in the same manner as the City of Manhattan Beach is restricted in its exercise of similar powers provided that, if the City of Manhattan Beach shall cease to be a Member City, then the Authority shall be restricted in the exercise of its power in the same manner as the City of San Fernando. ARTICLE II. PURPOSE. The purpose of creating this Authority is to exercise the powers -of the Member Cities to jointly accomplish the following: A. Develop effective Risk Management Programs to reduce the amount and frequency of their losses. B. Develop Risk Management Programs_ of insurance to protect Member Cities from the effects of catastrophic or unexpected losses. Such programs shall include, but not be limited to, coverages for losses arising out of Tort Liability, Workers' Compensation, Health Benefits, and the ownership or use of real or personal property. C. Design Risk Management Programs of the Authority on a pooled or self-funded basis whereby the cities share some portion, or all, of the cost of the program losses. D. Jointly purchase insurance, excess insurance, or reinsurance for the purpose of transferring risk of loss to commercial insurers. E. Assist Member Cities to secure a long-term financial base from the issuance of Certificates'of Participation. The revenues generated from the Certificates of Participation will be used for the purpose of establishing and maintaining sufficient unencumbered financial reserves, thereby enabling the Authority to provide adequate protection to Member Cities against catastrophic, or greater than expected, claims, and to attract major reinsurers for the purpose of transferring risk. -2- F. Jointly secure administrative and other services including, but not limited to, underwriting, risk management, loss prevention, claims adjusting, data processing, brokerage, accounting, and legal services when related to any of the other purposes. ARTICLE III. DEFINITIONS. The following definitions shall apply to the provisions of this Agreement and the By -Laws of the Risk Management Committee: A. "Agreement" shall mean this Agreement Cities Risk Management Authority. B. -"Board" or "Governing Board" shall mean Authority. creating the Independent the governing body of the C. "By -Laws" shall mean the rules governing the management of each risk by the individual Risk Management Committee. 9' D. "Claim(s)" shall mean demand(s) made against the arising out of occurrences which are covered or covered by the Authority's Memorandums of Coverage, insurance. Member Cities alleged to be or policies of E. "Fiscal Year" shall mean the period of time from the date of this Agreement to June 30, 1986, and thereafter ending on June 30 each following year. F. "ICRMA" shall .mean the Independent Cities Risk Management Authority created by this Agreement. G. "Insurance" shall mean insurance purchased by the Authority to cover losses for its Member Cities. H. "Member City" shall mean any Municipal Corporation which-' is a_ party to this Agreement and is participating in one or more Risk Management Committees. I. "Memorandum of Coverage" shall mean the document or documents issued by the Authority specifying the types of coverages and limits provided to the Member Cities. J. "Program Year" shall mean a period •of time determined, usually twelve months, in which each program shall be segregated for ease in determining coverage premiums. R. "Participation" or "Participating" shall mean a Member City has elected to jointly participate in the management of a specific risk and is a member of that Risk Management Committee. L. "Risk Management" shall mean the process of identifying, evaluating, reducing, transferring, and eliminating risks. Risk management includes various methods of funding claims payments, purchasing insurance, legal defense of claims, controlling losses, and determining self-insured retention levels and the amount of reserves for potential claims. M. "Risk Management Committee" shall mean those Committees, created by the Authority to manage specific Risk Management Programs, i.e. "Liability Risk Management Committee." N. "Risk Management Program" shall mean the programs of risk sharing, insurance, and risk management services established by the Authority and managed by the Risk Management Committee. ARTICLE IV. PARTIES TO AGREEMENT. Each Member City represents and warrants that it intends to, and does hereby, contract with all other Member Cities listed in Appendix "A", and any new members admitted to the Authority pursuant to Article XVII. Each Member City also represents and warrants that the withdrawal or expulsion of any Member City, pursuant to Article XIV or XV, shall not relieve any Member City of its rights, obligations, or duties under this Agreement. - ARTICLE V. GOVERNING BOARD. The Authority shall be governed by a Governing Board comprised of one Representative from each Member City. The City Council of each Member City shall appoint a member of the City Council as the Member City's Representative to the Governing Board. Each Member City shall also designate an alternate Representative. The alternate Representative may be a staff officer of the Member City. Each.Representative of the Governing Board has one vote. The alternate Representative may vote at meetings of the Governing Board in the absence of the Member City's - Representative. Immediately upon admission of a new Member City pursuant to Article XVII, the Member City shall be entitled to appoint a Representative and alternate Representative to the Governing Board. A Representative and/or alternate Representative shall be removed from the Governing Board upon the occurrence of any one of the following events: (1) the Authority receives written notice from the appointing Member City of the removal of the Representative or alternate Representative; (2) the expulsion or withdrawal of the Member City from this Agreement; (3) the death or resignation of the Representative; (4) the Authority receives the written notice from the Member City that the Representative is no longer a member of the City Council of the Member City. Representatives and their alternates are not entitled to compensation. The Governing Board may authorize reimbursement of expenses incurred by Representatives, or their alternates. -4- Pursuant to Government Code Section 6505.6, the Authority shall designate an officer or employee, or officers and employees, to receive, deposit, invest, and disburse the property of the Authority pursuant to Government Code Sections 6505 and 6505.5. The Authority shall fix the amount of the fidelity bond to be filed by such public officer (s) and/or employee(s). ARTICLE VI. BOARD MEETINGS AND RECORDS. A. Regular Meetings. The Governing Board shall hold at least one regular meeting each quarter of each year. The Governing Board shall fix by resolution the date upon which, and the hour and place at which, each regular meeting is to be held. B. Ralph M. Brown Act. Each meeting of the Governing Board, including without limitation regular, adjourned regular, and special meetings shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54050 etjseq. of the Government Code). C. Minutes. The Authority shall have minutes of regular, adjourned regular, and special meetings kept by the Secretary. As soon as possible after each meeting, the Secretary shall forward to each Governing Board member and each City Clerk copies of the minutes. D. Quorum. A majority of the members of the Governing Board i4,a quorum for the transaction of business. However, less than a quorum may adjourn from time to time. A vote of the majority of a quorum at a meeting is sufficient to take action. ARTICLE VII. OFFICERS. The Governing Board shall elect a president and vice-president from among its members at its first meeting. Thereafter, in the last meeting in each succeeding fiscal year, the Governing Board shall - elect a president and a vice-president. Each officer shall assume the duties of his office upon election. If either the president or vice- president cease to be a member the resulting vacancy shall be filled at the next regular meeting of the Governing Board held after the vacancy occurs. In the absence or inability of the president to act, the vice-president acts as president. The president shall preside at and conduct all meetings of the Governing Board. The Governing Board shall appoint a secretary and a treasurer of the Authority who may, but need not be, a member of•the Governing Board. The Governing Board may appoint such other officers as it considers necessary. ARTICLE VIII. POWERS The Authority shall have the powers common to its Member Cities and is authorized, in its own name, to do all acts necessary to exercise such common powers to fulfill the purposes of this Agreement referred to in Article II including, but not limited to, each of the following: A. Finance through the issuance of Certificates of Participation, or other instruments of indebtedness, self-insurance reserve funds necessary or convenient for the implementation of this Agreement. B. Incur debts, liabilities, and obligations. C. Acquire, hold, or dispose of real and personal property. D. Receive contributions and donations of property,'funds, services, and other forms of assistance from any source. E. Sue and be sued in its own name. F. Employ agents and. employees. G. Acquire, construct, manage, maintain, or operate buildings, works, or improvements. H. Lease real or personal property, including that of a Member City. f_ z I. Receive, collect, and disburse monies. J. Invest money in the treasury of the Authority in the same manner and on the same conditions as local agencies pursuant to Government Code Section 53601. K. Exercise all other powers necessary and proper to carry out the provisions of this Agreement. L. Develop and implement Risk Management Programs. M. Jointly purchase for the benefit of Member Cities, insurance, excess insurance, reinsurance, and enter into agreements for the benefit of Member Cities, for the purpose of transferring risk of loss to commercial insurers or reinsurers or other insurance pools. ARTICLE IX. RISK MANAGEMENT COMMITTEES. The Governing Board shall by resolution establish a Risk Management Committee for each Risk Management Program implemented by the Authority. Each Member City which elects to participate in a Risk Management Program will automatically become a member of that Risk Management Committe. Each created committee shall not become operational, or possess any authority, until their proposed By -Laws have been approved by the Governing Board. The voting on the approval of By -Laws shall be restricted to members of the Governing Board representing cities who are members of the particular Risk Management Committee. A two-thirds vote of these members is required for approval of .the By -Laws. On approval of the By -Laws, the various Risk Management Committees shall become operational and will have all of the powers specifically delegated to it by the Governing Board. When entering into any transactions authorized by the Governing Board, the committee shall use the committee title and refer to the Authority, i.e. a contract entered into by the Workers' Compensation Risk Management Committee of the Independent Cities Risk Management Authority. ARTICLE X. MEMBER CITY RESPONSIBILITIES. Each Member City participating in a Risk Management Program shall have the following responsibilities: A. To appoint or remove its member of the Governing Board as set forth in Article V. B. To appoint or remove its member to the Risk Management Committee. C. To approve amendments to this Agreement as set forth in Article XX. ARTICLE XI. BUDGET. The Board shall adopt an annual budget as soon as possible for the first Fiscal Year and not later than thirty days prior to the beginning of each Fiscal Year thereafter. ARTICLE XII. ANNUAL AUDIT AND REVIEW. The Governing Board shall cause an annual financial audit of the accounts and records to be made by a Certified Public Accountant in compliance with California Government Code Sections 6505 and 6505.5 or 6505.6 with respect to all receipts, disbursements, other transactions, and entries into the books of the Authority. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Government Code Section 26909 and shall conform to generally accepted auditing standards. A report of each audit shall be filed as a public record with each of the Member Cities and also with the county auditor of the county in which each of the contracting parties is located. The report shall be filed within twelve months of the fiscal year under examination. The Authority shall pay all costs of such financial audits. ARTICLE XIII. ESTABLISHMENT AND ADMINISTRArI,ON OF FUNDS. Funds of the Authority may be comingled for investment and administration purposes. However, each Risk Management Program shall be accounted for separately on a full accrual basis. The Treasurer shall draw warrants to pay demands against the Authority when the demands have been approved in writing by both the president or the vice-president and an agent, employee, or general manager of the Authority. The coverage for each Program Year of each Risk Management Program shall be as specified in the Memorandum of Coverage or policies of insurance for that Program Year of the Risk Management Program. Subject to approval by the Governing Board, which approval shall not be unreasonably withheld, each Member City shall have the ability to determine in which Risk Management Program it wishes to participate. ARTICLE XIV. WITHDRAWAL. A. Any Member City which enters a Risk Management Program may withdraw from that Risk Management Program subject to the terms and conditions as set forth in the By -Laws of that particular Risk Management Committee. B. A Member City is no longer a party to this Agreement upon dts withdrawal from all of the Authority's programs. C. Any Member City which withdraws as a participant of any Risk Management Program pursuant to Section B of this Article shall not be permitted to renew participation in that Risk Management Program until the expiration of three years from the date of the Member City's withdrawal. ARTICLE XV. EXPULSION. The Governing Board may expel any Member City from a Risk Management Program at any time for material breaches of this Agreement or the By - Laws. Such expulsion must be approved by the Governing Board members representing Member Cities in that Risk Management Program or by the vote requirements for expulsion specified in the By -Laws. The withdrawal or expulsion of any Member City after the inception of its participation in the Risk Management Program shall not terminate its responsibility for the years that the Member City participated in any Risk Management Program. a. ARTICLE XVI. TERMINATION. This Agreement shall continue until terminated. However, it cannot be terminated until such time all principal for the Certificates of Participation shall have been retired. Thereafter, this Agreement may be terminated by vote or written consent of two-thirds of the Member Cities provided, however, that this Agreement and the Authority shall continue to exist for the purposes of disposing all claims, the distribution of assets, and any other functions necessary to conclude the affairs of the Authority. Upon termination of this Agreement, all assets of the Authority shall be distributed only among the parties that have been participants in its Risk Management Programs, including any of those parties which previously withdrew or were expelled pursuant to Articles of this Agreement, in accordance with and proportionate to their net premium payments made during the term of this Agreement. The Governing Board shall determine such distrjbution within six months after the last claim covered by this Agreement has been finalized. The Governing Board is vested with all powers of the Authority for the purpose of concluding and dissolving the business affairs of the Authority. These powers shall include the power to require those Member Cities which were Risk Management Program participants at the time of any particular occurrence which was covered or alleged to be covered under the Memorandum(s) of Coverage or policies of insurance to pay their share of any additional amount of premium deemed necessary by the Governing Board for the final disposition of all claims and expenses associated with such loss. ARTICLE XVII. NEW MEMBERS. With the approval of two-thirds of the Governing Board, any qualified city may become a party to this Agreement. Continuing or new membership is restricted to cities who are members of the Independent Cities Association and are located in the State of California. A city requesting membership shall apply by presenting to the Authority a resolution of the City Council's approval of the Joint Exercise of Powers Agreement and the individual Risk Management Committee By -Laws that the city intends to join. The date that the applying city will become a Member City will be determined by the Governing Board. ARTICLE XVIII. LIABILITY OF THE AUTHORITY. Each Member City agrees to indemnify and save the Authority and all other Member Cities harmless from and against all claims, losses, and damages, including legal fees and expenses, arising out of any breach or default on the part of such Member City in performance of any of its obligations under this Agreement, or any act or negligence of such Member City or of any of its agents, contractors, servants, employees or licensees with respect to this -9- Agreement. No indemnification is made under this Section for claims, losses or damages, including legal fees and expenses, arising out of the willful misconduct, negligence or breach of duty under this Agreement by the Authority or a Member City or their officers, employees, agents or contractors. The Representatives to the Governing Board and to each of the Risk Management Committees and any officer, employee, contractor, or agent of the Authority shall use ordinary care and reasonable diligence in the exercise of their power and in the performance of their duties under this Agreement. Funds of the Authority may be used to defend, indemnify, and hold harmless the Authority and any member of the Governing Board, any member of the Risk Management Committee, and any employee of the Authority for their actions taken within the scope of their duties while acting on behalf of the Authority. Nothing herein. shall limit the right of the Authority to purchase insurance to provide such coverage as is hereinabove set forth. ARTICLE XIX. NOTICES. Notices under this Agreement shall be sufficient if delivered to the office of the City Clerk of the Member Cities. ARTICLE XX. AMENDMENTS TO THIS AGREEMENT AND COMMITTEE BY-LAWS. _a This Agreement may be amended at any time by vote of two-thirds of the Member Cities acting through their City Council. Amendments to the individual Risk Management Committee By -Laws require a two-thirds vote of the Governing Board members representing cities who are members of that Risk Management Committee. ARTICLE XXI. SEVERABILITY. Should any portion, term, condition, or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions shall not be affected thereby. ARTICLE XXII. AGREEMENT COMPLETE. The foregoing constitutes the full and complete Agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. -10- ARTICLE XXIII. TERM OF AGREEMENT. This amended Agreement shall become effective upon the Authority receiving notice of the approval by the City Council of two—thirds of the Member Cities. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. City of By Title Executed before me this day of , 198 (City Seal) City Clerk City of June 15, 1987 Honorable Mayor and Members City Council Meeting of the Hermosa Beach City Council of June 23, 1987 RECOMMENDED ORDINANCE AMENDING SECTION 21-23 OF THE MUNICIPAL CODE RECOMMENDATION: It is recommended that City Council introduce the attached ordinance for adoption. BACKGROUND: Uniformed police officers have occasionally experienced individuals who, while sitting in private vehicles parked in lots adjacent to off -sale premises, are in possession of open alcoholic beverage containers. Since currently there are no statutes allowing enforcement of such activities, officers cannot effectively deal with drinking in, or out of, vehicles in off -sale parking lots. The attached ordinance addresses all of the necessary issues and will provide the Police Department with the proper authority to regulate any violations. ANALYSIS: Until recently there was no enabling authority allowing cities to adopt local ordinances regulating possession of alcoholic beverage containers on private property (parking lots) adjacent to off -sale premises. Since there was no existing State law regulating this non-public land area, enforcement authority has been non-existent. The California Legislature added Penal Code Section 647e which enables local agencies to regulate alcohol problems on specific private land areas. The licensed (on -sale) establishments are licensed for the premises only and alcohol can only be consumed on the premises. Premises does not include the respective parking lots. Therefore, if open container or drinking violations occur on those parking lots, Sections A & F of the proposed revised ordinance would be applicable, specifically where this section refers to consumption or possession "in any place open. to the patronage of the public" (attached..) R ec ully submitted, mil* JO ' "T BIUS , C • PTAIN OPERATIONS DIVISION HERMOSA BEACH POLICE DEPARTMENT CONCUR: STEVE WI NIEWSKI DIRECTOR OF PUBLIC SAFETY Az9� GRE ORY T. ER CIT MANAGE_ 2E1 :1 on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 wa;--941t sc' 510 SoS AN ORDINANC OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 21-23 OF THE MUNICIPAL CODE, BY CHANGING THE TITLE FROM "DRINKING ON STREET OR PLAYGROUND" TO "CONSUMPTION OF ALCOHOLIC BEVERAGE ON STREET, PLAYGROUND, OR IN A PLACE OPEN TO THE PUBLIC" AND BY ADDING PROVISIONS REGULATING THE CONSUMPTION OF ALCOHOL IN PUBLIC PLACES OPEN TO THE PUBLIC AND A PROVISION REQUIRING THE POSTING OF PREMISES LICENSED FOR RETAIL OFF -SALE OF PACKAGED ALCOHOLIC BEVERAGES. ORDINANCE NO. The City Council of the City of Hermosa Beach does ordain as follows: SECTION 1. That Section 21-23 of the Municipal Code, Titled "Drinking on Street or Playground" is amended to read "Consumption of Alcoholic Beverage on Street, Playground, or in a Place open to the Public" and the Section shall read as follows: A. No person shall drink any malt, spirituous or vinous liquor containing more than one-half of one percent of alcohol by volume, upon any street, sidewalk or parkway, park playground, or in any public place, r in any place open to the patronage of the public, which is not licensed for the consumption of such liquor. B. No person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, shall enter, be, or remain on the posted parking lot immediately adjacent to, any retail package off -sale alcoholic beverage establishment licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code of the State of California, or on any public sidewalk immediately adjacent to the licensed and posted premises. Any person violating any provision of this Subsection shall be guilty of an infraction. C. All licensees of retail package off -sale alcoholic 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 beverages licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code of the State of California shall install and maintain signs not less than seventeen (17) inches by twenty two (22) inches in size with lettering not less than one (1) inch in height on the licensed premises, clearly visible to the patrons of the establishment and to persons in or on any parking lot or public sidewalk immediately adjacent to the licensed premises, which notify all such persons that the provisions of Subsections A and B of this Section are applicable. Any licensee violating any provision of this Subsection shall be guilty of an infraction. D. As used in Subsections B and C of this Section, "posted premises" means those premiseswhich are licensed under any retail package off -sale alcoholic beverage license and the parking lot immediately adjacent to the licensed premises on which clearly visible notices have been placed pursuant to the provisions of Subsection C of this Section. E. The provisions of Subsections B and C of this Section shall not apply to a private residential parking lot which is immediately adjacent to the posted premises. F. No person shall have in his or her possession, with intent to consume any part of the contents thereof, any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents which have been partially removed, upon any street, sidewalk or parkway, park playground, or in any public place, or in any place open to the patronage of the public, which is not licensed for the consumption of such alcoholic beverage. Any person violating any - 2 .1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 provision of this subsection shall be guilty of an infraction. PASSED, APPROVED AND ADOPTED THIS day of June, 1987. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach ATTEST: - 3 CITY CLERK CITY ATTORNEY June 16, 1986 Honorable Mayor and City Council Meeting Members of the City Council of June 23, 1986 ADOPTION OF RESOLUTION APPROVING APPROPRIATION LIMIT FOR FY 1987-88 Recommendation It is recommended that the City Council adopt Resolution approving and adopting the annual appropriation limit for fiscal year 1987-88. Background In November of 1979, Article XIIIB of the California State Con- stitution was added by the voters through Proposition 4. This Article established limits, using a specific formula, on state and local governments for appropriation of revenue from tax proceeds. Appropriations may increase each year by an amount equal to the percent change in population from January to January and the low- er of two price changes, either the U.S. March to March consumer price index (CPI) or the change in fourth quarter per capita per- sonal income. Revenues received in excess of the amount ap- propriated in accordance with this Article must be returned by a revision of tax rates or fee schedules within the next two subse- quent fiscal years. Mr. James "Jim" Weber, former Finance Director of El Segundo, was retained to establish the appropriation limit for 1987-88 and to review the 1986-87 budget as compared to the limit for that year. Mr. Weber previously developed limits for 1980-81 through 1986-87. Analysis Attachment A indicates that the expenditure limit for 1986-87 is $8,609,437. Appropriations subject to the limit (Attachment B) are $5,803,055 or 67%. Historically, actual expenditures have been less than budgeted as is anticipated for 86-87. Therefore, actual appropriations expended will probably be less than 67% of that allowed. For 1985-86, appropriations expended were $3,969,156, or 487 of the $8,261,623 limit. 1 t City Council Meeting of June 23, 1987 Page 2 As shown on Attachment A, the limit for 1986-87 was increased by the CPI of 3.04% and population growth of 1.26% making the limit for 1987-88 $8,983,087. An analysis of the 1987-88 appropria- tions subject to the limit will be done when the budget is adop- ted, however it is not anticipated that the amounts subject to the limit will be close enough to be cause for concern. Concur: Gr gor Ci y Manager eyer Viki Copeland Finance Administrator 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -z L 5 RESOLUTION NO.[b A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1987-88 WHEREAS, the voters of California on November 6, 1979 added Article XIII B to the State Constitution placing various limit- ations on the appropriations of the state and local governments; and WHEREAS, Article XIII B provides that the appropriations limit for the fiscal year 1987-88 is calculated by adjusting the base year appropriations of fiscal year 1978-79 for changes in the cost of living and population; and WHEREAS, the City of Hermosa Beach has complied with all of the provisions of Article XIII B in determining the appropria-. tions limit for fiscal year 1987-88; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES RESOLVE AS FOLLOWS; SECTION 1. That for the City of Hermosa Beach the appropria- tions subject to limitation in 'the fiscal year 1987-88 shall be $8,983,087. PASSED, APPROVED and ADOPTED this day of PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach, California ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY i fV*Jeber Consultant Ms. Vike I. Copeland Finance Administrator City of Hermosa Beach Civic Center Hermosa Beach, Ca. 902514 Dear Ms.. Copeland: STATE CONTROLLER'S REPORT POLICIES & PROCEDURES ASSET MANAGEMENT SPECIAL PROJECTS GANN INITIATIVE SALES TAX AUDIT DEBT COLLECTION COST ACCOUNTING TEMPORARY HELP CASH CONTROL SB -90 CLAIMS ACCOUNTING AUDITING May 26, 1987 BUDGET I have reviewed the accounting records of the City of Hermosa Beach and have attached the following reports: 1. A complete recap sheet on the Garai Appropriation Limitation from the'base year (1978-79) to the next year - 1987-88. 2. I have made a complete break -down on Gann Approp- riati©n for -the fiscal year 1986-87, using the estimated revenues and the estimated expenditures. 3. I have" made a"complete break -down on Gann Approp- riation for the fiscal_year 1985-86, using the actual revenues received and the actual expenditures spent. 14. It appears °that "the City is well below the limitation on the Gann Initiative at this time and I do not see any problems in the foreseeable future.- We raised our limit for the 1987-88 fiscal year by 14%, which was from a Consumer Price Index and Population Adjust- ment. -If you have any questions on'this subject, please let me know. It has been a pleasure serving you and the City of Hermosa Beach for the past years -and hope that we may continue doing so. - If I can assist you on any other financial matters, please let me know. yours, JpT 664- s tt Jimtt Weber 803 Virginia Street, El Segundo, Ca. 90245 (213) 322-4803 RECAP 1978-79 TO PRESENT GANN LIMITATIONS Base Year (1978-79) Appropriations and Appropriations Limit Total 1978-79 Budget Appropriations: Less: Non -proceeds of Taxes Revenue $ 6,436,402 1,303,919 Base Year Appropriations Limit $ 5,132,483 CALCULATION OF APPROPRIATION LIMIT Consumer Price Index (1978) (+ 10.177) Population Adjustment (1978) (- '0.89%) Per Capita Income (1979) (+ 12.11%) Population Adjustment (1979) (- 0.92%) Limitation for 1980-81 Fiscal Year Per Capita Income (1980) (+ 9.12%) Population Adjustment (1980) (- 0.487) Limitation for 1981-82 Fiscal Year Consumer Price Index (1981) (+ 6.79%) Population Adjustment (1981) (+ 1.23%) Limitation for 1982-83 Fiscal Year Per Capita Income (1982) (+ 2.357) Population Adjustment (1982) (+ 1.06%) Limitation for 1983-84 Fiscal Year Consumer Price Index (1983) (+ 4.74%) Population Adjustment (1983) (+ 0.64%) Limitation for 1984-85 Fiscal Year Consumer Price Index (1984) (+ 3.74%) Population Adjustment (1984)' (- 0.057) Limitation for 1985-86 Fiscal Year Consumer Price Index (1985) (+ 2.30%) Population Adjustment (1985) (+ 1.87%) Limitation for 1986-87 Fiscal Year Consumer Price Index (1986) (+ 3.04%) Population Adjustment (1986) (+ 1.267) Limitation for 1987-88 Fiscal Year $ 6,225,188 $ 6,760,554 $ 7,308,159 $ 7,558,829 $ 7,967,762 $ 8,261,623 $ 8,609,437 $ 8,983,087 CITY OF HERMOSA BEACH GANN INITIATIVE INFORMATION 1986-87 TOTAL APPROPRIATIONS SUBJECT TO THE LIMITATION 11,924,331.00 LESS NON -PROCEEDS OF TAXES 4,207,239.00 EQUALS APPROPRIATIONS FROM PROCEEDS OF TAXES 7,717,092.00 LESS DEBT SERVICE APPROPRIATIONS, AND OTHER APPROPRIATIONS NOT SUBJECT TO LIMITATION 1,914,037.00 5,803,055.00 ADD EXCESS USER FEE -0- APPROPRIATION SUBJECT TO LIMIT 5,803,055.00 677 APPROPRIATION LIMITATION UNDER GANN INITIATIVE 8,609,437.00 CITY OF HERMOSA BECH GANN INFORMATION 1986-87 LESS APPROPRIATION TRANSFERS OUT NET GENERAL FUND 8,567,398.00 1,055,751.00 7,511,647.00 LIGHTING DIST FUND 764,060.00 147,995.00 616,065.00 PARKING FUND 2,117,151.00 1,097,356.00 1,019,795.00 STATE GAS TAX FUND 543,707.00 189,642.00 354,065.00 COUNTY GAS TAX FUND 88,588.00 88,588.00 -0- PARK & REC. FAC. FUND 302,905.00 96,371.00 206,534.00 REVENUE SHARING FUND 43,302.00 -0- 43,302.00 COMM. DEV. BLOCK GRANT -0- -0- -0- TRANSIT FUND 201,885.00 -0- 201,885.00 GRANT FUND 653,671.00 17,266.00 636,405.00= CROSSING GUARD FUND 75,620.00 4,250.00 71,370.00 SEWER FUND 878,043.00 34,968.00 843,075.00 DEBT SERVICE FUND 107,636.00 107,636.00 -0- INSURANCE FUND 420,188.00 -0- 420,188.00 11,924,331.00 CITY OF HEMROSA BEACH GANN INITIATIVE INFORMATION 1986-87 1986-87 BUDGET GENERAL FUND TAXES LICENSES & PERMITS FINES & FORFEITURES USE OF MONEY & PROPERTY INTERGOVERNMENTAL /STATE CURRENT SERVICE CHARGES OTHER REVENUE LIGHTING DISTRICT FUND PARKING FUND STATE GAS TAX FUND COUNTY GAS TAX FUND PARK & REC. FAC. FUND REVENUE SHARING FUND GRANT FUND TRANSIT FUND CROSSING GUARD FUND SEWER FUND DEBT SERVICE FUND CAPITAL IMPROVEMENT FUND TAX NON -TAX SOURCES SOURCES 5,443,788.00 21,250.00 648,046.00 251,250.00 103,930.00 286,710.00 74,930.00 324,152.00 22,725.00 6,113,084.00 1,063,697.00 490,748.00 145,000.00 218,630.00 6,967,462.00 TOTAL REVENUE 11,174,701.00 TRANSFER IN 2,839,823.00 14,014,524.00 1,940,804.00 359,900.00 92,188.00 18,641.00 568,720.00 76,595.00 56,694.00 18,000.00 12,000.00 4,207,239.00 GANN INFORMATION 1986-87 APPROPRIATIONS NOT SUBJECT TO LIMITATION DEBT SERVICE -0- OTHER APPROPRIATIONS NOT SUBJECT TO LIMITATION: (A) STREET LIGHTING FUND (B) REVENUE SHARING FUND (C) STATE GAS TAX FUND (D} GRANT FUND (E) CROSSING GUARD FUND (F) UNEMPLOYMENT BENEFITS (G) LEASE PAYMENTS 616,065.00 43,302.00 354,065.00 636,405.00 71,370.00 36,750.00 $1,757,957.00 156,080.00 1,914,037.00 CITY OF HERMOSA BEACH GANN INITIATIVE INFORMATION 1985-86 TOTAL APPROPRIATIONS SUBJECT TO THE LIMITATION 9,850,086.67 LESS NON -PROCEEDS OF TAXES 4,501,917.14 EQUALS APPROPRIATIONS FROM PROCEEDS OF TAXES 5,348,169.53 LESS DEBT SERVICE APPROPRIATIONS, AND OTHER APPROPRIATIONS NOT SUBJECT TO LIMITATION 1,379,013.14 3,969,156.39 ADD EXCESS USER FEES -0- APPROPRIATIONS SUBJECT TO LIMIT 3,969,156.39 48% APPROPRIATION LIMITATION UNDER GANN INITIATIVE 8,261,623.00 CITY OF HERMOSA BEACH GANN INFORMATION 1985-86 LESS APPROPRIATION TRANSFERS OUT NET GENERAL FUND 7,912,812.31 468,387.00 7,444,425.31 LIGHTING DIST FUND 397,705.91 79,720.00 317,985.91 PARKING FUND 2,025,035.17 1,424,647.97 600,387.20 STATE GAS TAX FUND 550,593.84 290,765.00 259,828.84 COUNTY GAS TAX FUND 64,216.63 64,504.00 (287.37) PARK & REC. FAC. FUND 145,948.39 120,410.00 25,538.39 REVENUE SHARING FUND 75,275.63 73,000.00 2,275.63 COMM. DEV. BLOCK GRANT 521,904.80 -0- 521,904.80 TRANSIT FUND 562,361.02 200,000.00 362,361.02: GRANT FUND 51,778.20 6,000.00 45,778.20 CROSSING GUARD FUND 72,745.37 7,000.00 65,745.37 SEWER FUND 141,982.37 24,240.00 117,742.37 DEBT SERVICE FUND 100,000.00 100,000.00 -0- CAPITAL IMPROV. FUND -0- -0- -0- INSURANCE FUND 86,401.00 -0- 86,401.00 9,850,086.67 CITY OF HERMOSA BEACH GANN INITIATIVE INFORMATION 1985-86 1985-86 BUDGET GENERAL FUND TAXES LICENSES & PERMITS FINES & FORFEITURES USE OF MONEY & PROPERTY INTERGOVERNMENTAL /STATE CURRENT SERVICE CHARGES OTHER REVENUE LIGHTING DISTRICT FUND PARKING FUND STATE GAS TAX FUND COUNTY GAS TAX FUND PARK & REC. FAC. FUND REVENUE SHARING FUND GRANT FUND TRANSIT FUND CROSSING GUARD FUND SEWER FUND DEBT SERVICE FUND CAPITAL IMPROVEMENT FUND TAX NON -TAX SOURCES SOURCES 4,796,910.32 43,385.86 706,892.83 305,714.14 194,970.31 274,573.57 46,035.66 370,917.66 13,599.59 5,547,189.01 1,205,810.93 500,982.04 79,407.68 202,434.16 6,330,012.89 TOTAL REVENUE 10,831,930.03 TRANSFER IN 2,939,937.97 13,771,868.00 2,019,780.97 385,973.45 52,203.59 72,696.23 535,034.43 58,996.11 121,171.83 18,704.17 31,545.43 4,501,917.14 GANN INFORMATION 1985-86 APPROPRIATIONS NOT SUBJECT TO LIMITATION DEBT SERVICE -0- OTHER APPROPRIATIONS NOT SUBJECT TO LIMITATION: (A) STREET LIGHTING FUND (B) REVENUE SHARING FUND (C) STATE GAS TAX FUND (D) COUNTY GAS TAX FUND (E) COMM. DEV. BLOCK GRANT FUND (F) GRANT FUND (G) CROSSING GUARD FUND (H) UNEMPLOYMENT BENEFITS (I) LEASE PAYMENTS 317,985.91 2,275.63 259,828.84 (287.37) 521,904.80 45,778.20 65,745.37 64,261.31 101,520.45 1,379,013.14 June 15, 1987 Honorable Mayor and Members of City Council Meeting of the Hermosa Beach City Council .- June 23, 1987 ADOPTION OF BUDGET RESOLUTION, 1987-88 Recommendation It is recommended that the City Council adopt the attached budget resolution for 1987-88. Background The attachment to the budget resolution, Exhibit A, reflects the following modifications from the June 9, 1987 public hearing: $ 1,000 +$194,321 $250 +$ 70,000 +$128,890 $ 3,000 $1,500 + $666 + $4,000 + $2,000 + $5,000 +$77,500 -$78,650 + $21,609 + $5,000 $3,000 + $1,000 + $12,000 Hermosa Beach School District funding, Prospective Expenditures Additional funding CIP 85-402, Sewer Fund Legal Center Funding, Prospective Expenditures Circulation Element, Prop A $10,878, State Gas Tax $5,000, General Revenue Sharing $17,122 and $37,000 County Gas Tax Liability insurance South Bay Juvenile Diversion, Recommended Budget, page 139 Hermosa Beach County Library, compact disc, Recommended Budget, page 139 Mayor and Councilmember Executive Forum Ballot measures Stage lights Animal Control truck chassis Designation, RCC Delete CIP 85-130, $67,813 General Fund, $10,837 State Gas Tax Deletion of $67,813 Federal Aid Urban revenue Increase Capital Improvement Designation 1736 Family Crisis Center, Child Abuse, additional funds South Bay Free Clinic, Recommended Budget page 139 South Bay Free Clinic, additional funding Meter change, from two hour to three hour and from quarter only to nickle, dime, quarter (Budget Bulletin 26 attached) The recommendation (Item laa) to increase the SIR (self-insured retention) for the city's excess worker's compensation insurance is also reflected as shown below: +$ 50,000 Transfer from General Fund To Insurance Fund, Increases Reserve for Self -Insured Retention within Insurance Fund to $300,000. - �1, f Z Upon reviewing the May Revenue Summary, the estimated General Fund, Fund Balance for 6/30/87 is revised to $1,817,269. This change combined with changes made on June 9 and the reserve for self-insured retention results in an amount of $466,372 as a Reserve for Contingency. Hermosa Beach City Code Section 2-102 requires the adoption of the budget by resolution. Analysis All requirements have been met relating to public hearings for the budget process. Failure to adopt a budget by June 30th would constitute appropriations for all expenditures in the preliminary budget except for capital improvements. CONCUR: ky"jt— Gre ory�T. ever 1 Cit Managdr - 2 - Viki Copeland Finance Administrator i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. "87- )z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE BUDGET FOR THE FISCAL YEAR 1987-88 WHEREAS, a budget for the fiscal year 1987-88 has been prepared by the City Manager, and WHEREAS, said budget incorporates expenditures for both operating purposes and capital outlay; and WHEREAS, the City Council has examined said budget and, after due deliberation and consideration, has made such amend- ments to the budget as it deems advisable. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council does hereby approve and adopt the revised budget for the 1987-88 Fiscal Year as pre- sented in the document entitled "Budget Summary By Fund" as amended by the City Council through June 23, 1987, and summa- rized as follows: (Attached as "Exhibit A") PASSED, APPROVED AND ADOPTED this day of PRESIDENT OF THE CITY COUNCIL, AND MAYOR OF THE CITY OF HERMOSA BEACH, CALIFORNIA ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY 001 GENERAL FUA;D 105 LIGHTING 110 PARKING FUND 115 STATE GAS TAX 120 COUNTY GAS .TAX CITY OF HERMOSA BEACH BUDGET SUMMARY BY FUND 1987 - 88 BUDGET ESTIMATED ESTIMATED PROPOSED TRANSFER ESTIMATED FUND BALANCE REVENUE EXPENDITURES IN - (OUT) FUND BALANCE JUNE 30, 1987 1987-1988 1987-1988 JUNE 30, 1988 '$1,817,269 $7,636,044 1,212,577 -0- 398,478 497,647 2,235,415 281,867 51,611 16,700 *Fund balance includes Designation for: Asset Replacement Capital Improvements Parking Facility Reserve for Contingency [** Includes RCC 77,500 370 reserve 242,422] I 120,000 243,165 5,254 466,372** $8,080,747 $1,545,329 $1,146,627* (1,771,268) 520,606 (100,500) 1,089,118 1,072,308 (1,163,107) -0- 671,577 195,912 28,397 (176,283) (53,000) 15,311 Prospect Park Acquisition Debt Service Affordable Housing -EXHIBIT A 200,000 65,005 46,831 Revised 6/18/87 ESTIMATED ESTIMATED " PROPOSED TRANSFER ESTIMATED FUND BALANCE REVENUE EXPENDITURES IN - (OUT) FUND BALANCE JUNE 30, 1987 1987-1988 1987-1988 JUNE 30, 1988 125 PARK RECREATION $ 282,157 $ 150000 $ 163,000 $ (121,922) $ 147,235* FACILITIES 130 REVENUE SHARING 140 CDBG 145 PROPOSITION A FUND 150 GRANT FUND 155 CROSSING GUARD 160 SEWER FUND. 97,013 -0- 112,210 3,473 (9,123) 926,864 705 INSURANCE FUND 275,000 266,856 373,241 78,959 69,200 412,408 449,224 56,586 1,329,361 762,115 (92,122) 59,122 110,983 (35,000) (4,500) 800,000 (92,160) 898,516 4,891 -0- 25,780 3,473 8,750 .374,543 411,401** TOTAL 5,167,529 11,605,929 13,517,932 -0- 3,255,526 *Fund balance includes designation for Prospect Park $50,000 **Fund balance includes reserve for self-insured retention $300,000 Revised 6/18/87 CITY OF HERMOSA BEACH BUDGET BULLETIN Y EMBELLISHMENT ON THE PROPOSED 1987 - 1988 RECOMMENDED BUDGET DATE: JUNE 10, 1987 SUBJECT: METER PARTS FUNDING: PARKING FUND NO: 26 At their regularly scheduled meeting of June 9, 1987, the City Council approved the recommendation of the Business Relations Sub -Committee to change the meters, in the downtown area, from two hour meters to three hour meters and from quarter only to nickle, dime, quarter for thirty minutes. Council action will result in an addition of $12,000 to the Parking Fund, object code 5400. PREPARED BY: FISCAL IMPACT: CITY MANAGER /1 E -Fu5t0( CITY OF HERMOSA BEACH BUDGET BULLETIN EMBELLISHMENT ON THE PROPOSED 1987 - 1988 RECOMMENDED BUDGET DATE: JUNE 18, 1987 SUBJECT: 1986 - 1987 PROSPECTIVE EXPENDITURES BULLETIN NO. 27 At the June 9 Budget Hearing the question was raised of how were the 1986 - 1987 Prospective Expenditure monies spent and what was the sequence leading to an allocation of $ 173,786. Attached is a listing of the expenditures. They total $ 99,264. The original appropriation for Prospective Expenditures was $ 100,000. At the mid -year review an additional $40,000 was appropriated. Subsequently $ 133,050 in authorized expenditures were withdrawn and those monies transferred from operating departmental budgets to Prospective Expenditures. Expenses have been $ 99,264. This leaves a remainder of $ 173,786 (as of the April 30 financial report). Since then an additional $2,000 has been spent (South Bay High School Drug Counseling at Redondo High). PREPARED BY: ASSISTANT CITY MANAGER: FISCAL IMPACT NOTED: _414•, ,S;K: TY MGR /cTwi�9 l- t CITY OF HERMOSA BEACH INTER -OFFICE MEMO TO: GREG MEYER, CITY MANAGER DATE: JUNE 17, 1987 RE: PROSPECTIVE EXPENDITURES FROM: ALANA M. MASTRI 1986-87 III******i*#*************f*****#*f1*******************M***** Per the Council request at the Budget Hearing of June 9, 1987, the following list reflects appropriations from the Prospective Expenditures account per the computer print-out from Finance (attached). EIR ULTRASYSTEMS MICROPHONE SYSTEM: CITY COUNCIL CHAMBERS TRAINING INSTITUTE: CITY MANAGER CONTRACT: BUSINESS LICENSE TRAINING AT&SF PROPERTY TAXES BANK OF AMERICA: PAYROLL SERVICES BEACH CITIES SYMPHONY CUSTOMS FEE: FIRE TRUCK NOISE STUDY: L.A. COUNTY FILMING: CITY COUNCIL MEETINGS TRANSPORTATION: EASY READER THANKSGIVING DINNER SOUTH BAY MEDAL OF VALOR LUNCHEON CITY MARKETING PROGRAM HANDICAP ACCESS RAMPS: CLARK BUILDING STRAND BICYCLE SAFETY IMPROVEMENTS Ce 1 Ftwaw-c Askivto.IIS4,14j6L TOTAL $20,000 13,782 1,500 5,000 37,000 8,712 500 720 1,000 1,000 170 180 1,100 1,500 7,100 $99,264 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 87- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON 1411.BDAY, NOVEMBER 3, 1987, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 3, 1987 for the election of Municipal Officers; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That pursuant to the requirements of the the State of California relating to General Law Cities within said State, there shall be, and there is hereby called and ordered held in the City of Hermosa Beach, California on Tuesday, November 3, 1987, a General Municipal Election of the qualified electors of said City for the purpose of electing two Members of the City Council for the full term of four years; a City Clerk for the full term of four years; and a City Treasurer for the full term of four years. SECTION 2. That the ballots to be used in said election shall be in form and content as required by law. SECTION 3. That the City Clerk is authorized, instruct- ed, and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4. That in all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding municipal elections in said City. - 1 - 2g 1 2 3 4 5 6 7 8 9 10 11 12 13 14 r 15 16 17I 18 19 20 21 22 23 24 25 26 27 28 SECTION 5. That notice of the time and place of holding said election is hereby given and the City Clerk is hererby authorized, instructed and directed to give such further or additional notice of said election, in time, fox i=and manner as required by law. SECTION 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions of said City. PASSED, APPROVED AND ADOPTED THIS 23RD DAY OF JUNE, 1987 PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS City Clerk 2 1 2 3 4 5 6 8 9 10 11 12 13 1'4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 87- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF lIERMOSA BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF SAID CITY TO BE HELD ON NOVEMBER 3, 1987, WITH THE SCHOOL DISTRICT AND GENERAL DISTRICT ELECTIONS TO BE HELD ON SAID DATE PURSUANT TO SECTION 23302 OF THE ELECTION CODE. WHEREAS, the City Council of the City of Hermosa Beach called a General Municipal Election in said City to be held on November 3, 1987 for the purpose of election of two Members of the City Council, a City Clerk, and a City Treasurer for four- year terms ending November, 1991; and WHEREAS, it is desirable that said General Municipal Election be consolidated with the School District and General District Elections to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same; and that the Registrar of the County of Los Angeles canvass the returns of the General Municipal Election; and that said School District and General District Elections be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of Section 23302 of the Election Code, the Board of Supervisors of the County of Los Angeles be and it hereby is requested to consent and agree to the consolidation of a General Municipal Election with the School District and General District Elections on Tuesday, November 3, 1987 for the purpose of the election of two Members of the City Council, a City Clerk, and a City Treasurer for four-year terms ending November, 1991. 1 2h 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 2. Said Registrar is hereby authorized to canvass the returns of said General Municipal Election which it is hereby requested to consolidate with said School District and General District Elections. Said elections shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 3. Said Board of Supervisors is hereby requested to issue instructions to the Los Angeles County Registrar to take any and all steps necessary for the holding of said consolidated election. SECTION 4. The City of Hermosa Beach recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs. SECTION 5. That the City Clerk of the City of Hermosa Beach is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of the County of Los Angeles. PASSED AND ADOPTED by the City Council of the City of Hermosa Beach on the th day of , 1987. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS T City Clerk ' y Attorney 2 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 87- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBM1t'ED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 1987. WHEREAS, Section 10012 of the Elections Code of the State of California provides that the governing body Df any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate statement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to Section 10012 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Hermosa Beach on November 3, 1987 may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor member- ship or activity in partisan political organizations. The statement shall be filed in the office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. SECTION 2. SPANISH LANGUAGE. The City Clerk shall provide, at the candidate's expense, a Spanish translation of candidate's statements upon request. 1 2i I 1/` 2 3 4 5 6 7 8 9 10 11 12 13 1. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 4. PAYMENT. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate's statements filed pursuant to the Election'Code, and require each candidate filing a statement to pay in advance his or her pro rata share as a condition of having. his or her state- ment included in the voter's pamphlet. The City Clerk shall bill each candidate for any cost in excess of the deposit or shall refund within 30 days of the election any unused portion of the deposit. SECTION 5. That the City Clerk shall provide each can- didate or the candidate's representative a copy of this Resolu- tion at the time nominating petitions are issued. SECTION 6. That this resolution shall be in effect upon adoption. SECTION 7. That the City Clerk shall certify to the adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED THIS 23RD DAY OF JUNE, 1987. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach ATTEST: APPROVED AS 0 FSRM: City Clerk Attorne June 15, 1987 HONORABLE MAYOR and MEMBERS of Regular Meeting of the HERMOSA BEACH CITY COUNCIL June 23, 1987 PROPOSED AMENDMENT TO RESOLUTION 85-4885 ENCROACHMENT POLICY Recommendation It is recommended that City Council: 1. Adopt Resolution 87- , (page la) a resolution of the City of Hermosa Beach, California, amending Resolution 85-4885; as amended to establish additional policies for encroachments on City right-of-way. 2. Direct staff to perfo non -conforming existing findings to City Council Background On May 26, 1987, staff presented amendments to encroachment documents to "clean up" established encroachment policies. City Council directed staff to return on June 23, 1987 with encroachment permit documents which include City Council and staff concerns governing encroachment within the public right-of-way. m a study on the am ncroachments and ma at a later date. rtization of a report of the Analysis CONCERN #1: City Council suggested: 1. That non -conforming existing fences exceeding the 3' height limit (encroachments) could be hazardous to the public safety, thereby placing the City at risk, and 2. That amortization of these encroachments may ameliorate the situation. STAFF RESPONSE: Amortization of non -conforming existing encroachments and fences exceeding the 3' height requires further study to determine the process and impact. CONCERN #2: Currently, no policy exists for the removal and/or placement of new construction on non -conforming existing encroachments. Staff's recommendation is to amend Resolution 85-4885 establishing a policy for improvements or new construction on non -conforming existing encroachments. 2.11 -1 of 3- The recommended wording for the amendment to Resolution 85-4885 is as follows: "SECTION 4. All improvements and new construction to non -conforming existing encroachments placed on the public right-of-way shall require an encroachment permit and shall comply with the guidelines and conditions for approval set forth in Section 29.38., Chapter 29, Article V., of the Hermosa Beach Municipal Code." Alternatives Other alternatives considered by staff and available to City Council are: 1. Deny staff's recommendation. 2. Direct staff to study an amortization process and be without a policy for improvements or new construction on non -conforming encroachments until the study has been performed. 3. Make changes to the recommended wording. 4. Receive and file this report. Respectfully submitted LyStevens A Administrative Aide -2 of 3- ony Antich Director of clic Works �n Greg rry r. M yer City Manager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 87- A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION NO. 85-4885; AS AMENDED TO ESTABLISH ADDITIONAL POLICIES FOR ENCROACHMENTS ON CITY RIGHT-OF-WAY. WHEREAS, currently no requirements or guidelines exist for improvements on non -conforming existing encroachments, unless the adjacent structure is removed or remodeled. WHEREAS, in an effort to bring all encroachments into conformance, new improvements and construction on non -conforming existing encroachments shall conform to Section 29.38., Chapter 29, Article V. of the Hermosa Beach Municipal Code. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California does hereby resolve as follows: SECTION 1. Section 4 of Resolution No. 85-4885 shall read as follows: "SECTION 4. All improvements and new construction on non -conforming existing encroachments placed on the public right-of-way shall require an encroachment permit and shall comply with the guidelines and conditions for approval set forth in Section 29.38., Chapter 29, Article V. of the Hermosa Beach Municipal Code." SECTION 2. This resolution shall take effect immediately. PASSED, APPROVED, and ADOPTED this day of , 1987. PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach, California. ATTEST: CITY CLERK APPROVED AS ! FORM: TY ATTORN Y June 15, 1987 Background Material Resolution 85-4885 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 • 1' 23 o+. '. 24 25 26 27 '_ 28 1.r RESOLUTION NO. 85-4885 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA ESTABLISHING A POLICY FOR ENCROACHMENTS ON TO CITY RIGHT-OF-WAY. WHEREAS, encroachmentsare features normally located upon public right-of-way that serves a quasi private use and are not normally intended for public use. A public sidewalk would not be defined as an encroachment, whereas, a deck used primarily by the adjacent property owner would be defined as an encroachment. WHEREAS, the City finds that a number of encroachment per- mits have been granted for encroachment on to the public right- of-way. WHEREAS, there currently exists no established procedure or policy on the issuance or compliance of guidelines regulating encroachment permits. NOW, THEREFORE, THE CITY COUNCIL OF HERMOSA BEACH, CALIFOR- NIA DOES HEREBY RESOLVE: •� SECTION 1. Existing encroachments onto the public right-of- way shall not be required to comply with new guidelines unless so directed by City Council. SECTION 2. All existing encroachments shall become null and void if or when the building adjacent to the encroachment on pri- vate property is removed. SECTION 3. No building permit shall be issued for new con- struction; or for' remodeling of an existing structure exceeding 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 50% of the existing structure's square feet or 50% of the asses- sed valueation, whichever is less, until: a. The adjacent City right-of-way is determined to be conformance with City standards. b. An encroachment permit has been approved. SECTION 4. This resolution shall take effect immediately. PASSED, APPROVED 1985. ADOPTED this 16th day of December PRESIDENT of the City Council, and MAYOR of the City of Her- mosa Beach, California.. 7. ATTEST: LGr/LGzes(fCITY CLERK APPROVED AS 1 ORM: CITY ATTORNEY June 15, 1987 HONORABLE MAYOR and MEMBERS of Regular Meeting of the HERMOSA BEACH CITY COUNCIL June 23, 1987 PROPOSED AMENDMENT TO ENCROAC MENT ORDINANCE 85-821 Recommendation )S ttc It is recommended that City Counc"l: 1. Introduce Ordinance No. 87- , (pages -5 of 7- through of 7-) an ordinance of the City of Herm.a—Beach, Calif_o amending Ordinance No. 85-821; as amended, identifying the approval process of commercial encroachment permit applications, establishing a policy whereby the lessee of commercial property may obtain a commercial outdoor dining encroachment permit, and modifing the findings for granting encroachment permits. Background On May 26, 1986, staff presented amendments to encroachment documents to "clean up" established encroachment policies. City Council directed staff to return on June 23, 1987 with encroachment permit documents which included City Council and staff concerns governing encroachments within the public right-of-way. Analysis CONCERN #1: Staff is desirous'of streamlining the Commercial Encroachment permit process. Section 29.36. of the Municipal Code, titled Commercial Encroachments, does not clearly identify the process by which commercial encroachment permit applications are be reviewed. Recommended wording for the amendment to Ordinance 85-821 is as follows: "Section 29.36. Commercial Encroachments." "Approvals of all commercial encroachments shall be done in conjunction with the Conditional Use Permit process, shall be reviewed by the Staff Environmental Review Committee and the rules and guidelines are set forth herein." CONCERN #2: City Council is desirous of permitting the lessee of commercial property to secure a commercial encroachment permit. 212 -1 of 7- Background There are two types of commercial encroachment permits: 1. Commercial Encroachments These encroachment permits are applied for by the owner of the property for construction of fences, walls, baywindows, cornices, etc... If the property owner is not going to use the public right-of-way for outdoor dining, the encroachment is processed and handled in the same manner as residential encroachments. There is not a "per square footage" fee and the encroachment is reviewed every two years. 2. Commercial Outdoor Dining Encroachment Permits These encroachment permits are granted for the sole purpose of using the public right-of-way for outdoor dining. Some construction may be required before the encroachment may be used for outdoor dining. Commercial Outdoor Dining Encroachment Permits have historically been issued to: a. the owner of the property who is also the owner of the business, and b. to lessee's of property (called permittee) without permission of the property owner. (This was prior to an encroachment ordinance.) Commercial Encroachment Permits do not succeed to the new owner. They expire fifteen (15) days after recordation of the sale of the parcel or business, unless the new owner applies for it's continued use. Commercial Outdoor Dining Encroachment Permits are reviewed annually, and the cost is paid'by the owner/permittee as stated in Resolution 85-4886. Recommended wording for the amendment to Ordinance 85-821 is as follows: "Section 29.39. Commercial Outdoor Dining." "The lessee of commercial property may make an application for a Commercial Outdoor Dining Encroachment Permit. The lessee shall become the permittee and enter into a Commercial Outdoor Dining Encroachment Permit Agreement with the City." "A Conditional Use Permit is required and use of the public right-of-way for commercial outdoor dining is permitted provided: (a) the outdoor dining provides for and maintains an area for passage of pedestrian traffic; (b) does not inconvenience pedestrian traffic, and -2 of 7- (c) conforms with all applicable health codes and the City Municipal Code." "Section 29.40. Mandatory conditions imposed upon all encroachments." "(c) Residential and Commercial Encroachment Permits are issued to the legal owner of real property. Commercial Outdoor Dining Encroachment Permits are issued to the owner and/or lessee of commercial property, as the permittee. The encroachment permit is revokable by the City upon surrender of possession of the property by the owner or lease by lessee unless the new owner or lessee applies for and receives an encroachment permit within ninety (90) days." Add to Section 29.40. Mandatory conditions imposed upon all encroachments: "Commercial Outdoor Dining Encroachments" "Upon the surrender of possession of lease by permittee, the encroachment permit shall not succeed to the new permittee except upon Conditional Use Permit review by the CITY and reissuance to the new permittee upon said new permittee's application. In the event that the new permittee does not apply for an encroachment permit for the continued use of the herein described land as conditioned by this permit, the original permittee shall restore the land within fifteen days of surrender of possession of lease. CONCERN #3: City Council is desirous of deleting the four findings necessary in granting approval of an encroachment permit application because these are the same findings necessary for granting a variance. Staff recommends deleting findings (1), through (4) of Section 29.37 and add the recommended following wording to amend Ordinance 85-821: "Section 29.37. Findings necessary to grant an encroachment." "The Director of Public Works, in granting approval of an encroachment permit application shall make a finding that the plans and application meet the guidelines and conditions of approval as set forth in Section 29.38, and the granting ' of such encroachment will not adversely affect the General Plan of the City. Approval of encroachments which deviate from these established criteria can only be granted with City Council approval in an appeal process." -3 of 7- Alternatives Other alternatives considered by staff and available to City Council are: 1. Receive and file this report. 2. Make changes to the recommended wording. 3. Direct staff to return with additional information. Respectful) submitted Ly Stevens Administrative Aide -4 of 7 - CO An Di ti y Antich ector of Publ Works Gr:gor T. Meyer Ci y Manag-r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 87 - AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING ORDINANCE NO. 85-821; AS AMENDED, IDENTIFYING THE APPROVAL PROCESS OF COMMERCIAL ENCROACHMENT PERMIT APPLICATIONS, ESTABLISHING A POLICY WHEREBY THE LESSEE OF COMMERCIAL PROPERTY MAY OBTAIN A COMMERCIAL OUTDOOR DINING ENCROACHMENT PERMIT, AND MODIFIES THE FINDINGS FOR GRANTING ENCROACHMENT PERMITS. WHEREAS, it is recommended that wording in Ordinance 85-821 be amended in an effort to clearly identify the Commercial Encroachment Permit Application process, and WHEREAS, City Council is desirous of permitting the lessee of commercial property to secure a Commercial Outdoor Dining Encroachment Permit, and WHEREAS, there is no language to establish a policy whereby the lessee of commercial property may secure a Commercial Outdoor Dining Encroachment Permit, and WHEREAS, City Council is desirous of deleting findings 1 through 4 of Section 29.37, necessary in granting approval of an encroachment permit application. NOW, THEREFORE, The City Council of the City of Hermosa Beach, California does here by ordain as follows: SECTION 1. "Section 29.36. Commercial Encroachments." shall be amended to read as follows: "Approvals of all commercial encroachments shall be done in conjunction with the Conditional Use Permit process, shall be reviewed by the Staff Environmental Review Committee and the rules and guidelines are set forth herein." SECTION 2. Findings (1) through (4) of Section 29.37 shall be deleted. SECTION 3. "Section 29.37. Findings necessary to grant an encroachment." shall be amended to read as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "The Director of Public Works, in granting approval of an encroachment permit application shall make a finding that the plans and application meey the guidelines and conditions of approval as set forth in Section 29.38, and the granting of such encroachment will not adversely affect the General Plan of the City. Approval of encroachments which deviate from these established criteria can only be granted with City Council approval in an appeal process." SECTION 4. The first paragraph of "Section 29.39. Commercial Outdoor Dining." shall read as follows: "The lessee of commercial property may make an application for a Commercial Outdoor Dining Encroachment Permit. The Lessee shall become the permittee of the encroachment." SECTION 5. "Section 29.40. Mandatory conditions imposed upon all encroachments." shall be amended to read as follows: "(c) Residential and Commercial Encroachment Permits are issued to the legal owners of real property. Commercial Outdoor Dining Encroachment Permits are issued to the owner and/or lessee of commercial property, as the permittee. The encroachment permit is revokable by the City upon the surrender of posession of the property by the owner or lease by lessee unless the new owner or lessee applies for and receives an encroachment permit within ninety (90) days." SECTION 6. The following shall be added to "Section 29.40. Mandatory conditions imposed upon all encroachments.": "Commercial Outdoor Dining Encroachments" "Upon the surrender of possession of lease by permittee, this encroachment permit shall not succeed to the new permittee except upon Conditional Use Permit review by the CITY and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 reissuance to the new permittee upon said new permittee's application. In the event that the new permittee does not apply for a Commercial Outdoor Dining Encroachment Permit for the continued use of the herein described land as conditioned by this permit, the original permittee shall restore the land within fifteen days of surrender of possession of lease." SECTION 7. EFFECTIVE DATE. This ordinance amending Ordinance 85-821 shall become effective and be in full force and operation from and after thirty days after its final passage and adoption. SECTION 8. PUBLICATION. The City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation, published and circulated in the City of Hermosa Beach. SECTION 9. CERTIFICATION. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same -- in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this day of , 1987. PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach, California. ATTEST: CITY CLERK NAPPROVED A i 'Or vir ITY ATTORNEY 40, June 15, 1987 BACKGROUND MATERIAL Ordinance 85-821 1 2 3 ORDINANCE NO. 85-821 AN ORDINANCE OF THE CITY COUNCIL OF HERMOSA BEACH, CALIFORNIA REGULATING THE PLACEMENT OF ENCROACHMENTS WITHIN THE PUBLIC RIGHT-OF-WAY AND ESTABLISHING ARTICLE V ENTITLED "ENCROACHMENTS". 4 . WHEREAS, encroachments are -features normally located upon 5 public right of way that serves a quasi private use and are not 6 normally intended for public use. A public sidewalk would not be 7 defined as an encroachment as it relates to this chapter whereas 8 a deck used primarily by the adjacent property owner would' be defined as an encroachment. WHEREAS, an encroachment means and includes any obstruction, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 tower, pole, pole line, pipe, wire, cable, conduit, wall, fence, balcony, deck, stand or building, or any structure or object of any kind or character which is placed in, -along, under, over or across public right-of-way. WHEREAS, the City Council finds that,a number,of encroach- ments have been granted to residents which allow encroachment onto the public right-of-way. ' WHEREAS, there currently exists no established policy on the issuance of encroachment permits. WHEREAS, the intent of establishing and adopting dinance regarding encroachment will: procedure or an or - Provide an equal basis for evaluating, approving or denying such encroachments. 2. Provide for a periodic review to insure that the en- croachment continues to comply with the original approval. ..'.: y, tqe. tii.LLlw.:f st, a.Vti`i',11.0 0 1 2 3 4 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ..i 3. Establish guidelines for enance of an encroachment 4. Reduce the City's potential liability.`: 5. •Implements the General Plad'of the City. ...T '1•t l :r the installation and (= main- ?'' WHEREAS. the General Plan approved by the Hermosa Beach City l ouncil in October 1979, contains an Open Space and Conservation,_ lement whose philosophy is to preserve and enhance the existing11. .`r reen areas.' WHEREAS, the Open Space and Conservation Element notesP 'Streets comprise nearly one third of the City's 'area,. and con- idering the small size of private lots and minimal yards,'these: treets provide much of the 'elbow room' within the community.; or this reason, these streets should not only be preserved but Developed for maximum impact as green hroughout the City." - WHEREAS, a goal of the Open Space and Conservation Element_ areas of landscaped ribbons . To obtain, preserve and enhance green areas, suchl'as street, andscape strips and parkways as being necessary to the health" nd well being of the community. • . To provide room for, and adequate protection of, bikeways,': edestrian routes and trails. . To provide for the retention and further beautification ;of treets as open spaces, and to.encourage further use of same as: edestrian walkways, malls and plazas. NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF HERMOSA EACH, CALIFORNIA, DOES ORDAIN AS FOLLOWS: ,•. l' r, .�.. I, '-.L... .� •�,.n.Gl•.. .� 4"•••: X`:•l..; ♦.'.�•..lY�.' i...F1�..'M.'i wLil+►�niTTi+NF:NIHIM�YM Ui SECTION 1. That Article V be added to Chapter 29 of the 2 ermosa Beach City Code, Streets and Sidewalks as follows: ARTICLE V. ENCROACHMENTS ection 29.31. Definitions. 'Enroachments" are features normally located upon public right- f -way that serves a quasi private use and are not normally in - ended for public use. A public sidewalk would not be defined as n encroachment as it relates to this chapter , whereas, a deck• sed primarily by the adjacent property owner would be defined as n encroachment. "Encroachment" means and includes any obstruc- ion, tower, pole, pole line, pipe, wire, cable, conduit, wall, ence, balcony, deck, stand or•building,•or any structure or ob- ect of any kind or character which is placed in, along, under, ver or across public right-of-way. "Pedestrian Walk Street" as defined by Council under a sepa 8 ;; 9 •10 111 12 `13 14 15 06 f17 :18 19 20 `21 122 X23 24 25 26 27 f28 • ate resolution.. 'Person" includes any individual,firm, co -partnership, oint venture, association, corporation, estate, trust, business rust, any ir4strict, any city, any county including this county, nd all departments and bureaus thereof except the City of Hermo- a Beach. . . "Shall•and May". "Shall" is mandatory;"May" is"permissive. "Structure" is as defined by the: Uniform Building • Code - as: hat which is built or constructed, an edifice.or building of any ; ind, gr any piece of work artificially built up or composed of:.s arts joined together in some definite manner. ;;': f., i . ! y�. ,.o•^ t, . ,y:,r, .+` . . i ��/r,. , :•.Sni•!•.idC.. R+,L,.J'..tiMivwai+.'u'.✓..:� X. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ection 29.32. Permit. Every person is required to obtain a permit from the Depart- ent of Public Works Works before making or causing to be made ny encroachment in. the public right-of-way. ection 29.33. Commencement of work. without' permit, equired. Permit Any'person who shallcommence any' work, for which a permit' s required by the chapter, without first having obtained a per= it shall stop work. and apply for such permit. The fee for the'.. ermit shall be doubled. In addition, failurq to stop con- titutes a misdeTeanor and is defined in this Chapter. ection 29.34. Authority to grant. • A permit to encroach into a planned or:existin public right f way may be granted upon such terms and conditions as are eemed necessary. The authority to grant or deny such permit pplication is vested in the Director of Public Works, unless therwise specified. Approval of encroachments which deviate from he established guidelines can only be granted with City Council • pproval in an appeal process. ection 29.35. Residential Encroachments. . Approvals of all residential encroachments is he Director of Public Works and the rules and guidelines are set'• vested with orth herein. ection 29.36. Commercial Encroachments. Approvals nder the Conditional,Use Permit'process and the rules and guide ;st of all .commercial encroachments shall be .done ines are set forth herein. ection Findings necessary to grant an encroachment. - • N. . Y41M� G!�M1 •: . �J.al'ia'. ... ,...... _t '. ,+;n � .t b ..�,: rs. r. 2tww.SiYlf Rui►ta±1.++...ty/s ".'L, • 1 ,The Director of Public Works, in granting approval of an 2 -ncroachment permit application, shall make a finding that in the 3 -vidence presented, all four (4) of the following conditions ex - 4 st in reference to the property being considered. Approval of ncroachments which deviate from these established criteria can 5 6 •nly be granted with City Council approval in an appeal process. 7 (1) Because of special circumstances applicable to the sub - 8 ect property, including size, shape, topography, location, or 9 _urroundings, the strict application of the provisions of this 10 hapter would deprive the subject property of privileges enjoyed 11 •y other' properties in the vicinity and identical zone 12 lassification; 13 (2) Any encroachment granted shall be subject to such condi- 14 ions and shall not constitute a grant of special privileges in - 15 onsistent with the limitations placed upon other properties in 16 he vicinity and identical zone classification in which the sub - 17 iect property is located; 18 (3) The granting of the encroachment will not be materially 19 .etrimental to the public health, safety, convenience, and wel- 20 are or injurious to 'property and improvements in the vicinity 21 :nd identical zone classifications in which the subject property 22 s located; and 23 (4) The granting of such encroachment 24 affect the General Plan of the City. 25 •ection 29.38. Guidelines and Conditions for Approval. 26 These guidelines shall apply both to• continuing and tem - 27 •orary_ encroachments; there being :no permanent encroachments ' 28 .ermitted. will not adversely:; 1 •I. General 2 (a) An encroachment permit does not constitute a buildin 3 •ermit. 4 (b) Encroachments are definitely a privilege,granted•bythe 5 ity. There is no right to an encroachment. 6 (c) Structures typically located on private property and as':, 7 efined by the Uniform Building Code are prohibited from en -,r 8 coaching within the public right-of-way with the exception of J 9 hose improvements which are in compliance with these guidelines.:;; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (d) Landscaping is permitted in accordance with an approved andscape plan. . Any landscaping exceeding thirty-six inches , 36") in height must have a permit. Any landscaping within the ublic right-of-way shall not exceed the building height limita- ion of the zone in which they are planted. A minimum of one hied (1/3) of the public right-of-way enclosed by the extensions f the two side property lines - between the front property line nd the existing or future sidewalk shall be landscaped in accor- ance with a landscape plan to be approved by the Public Works epartment and Planning Department in conjunction withthe en- roachment permit application. (e) Height measurements are generally made from the side - alk level unless otherwise specifically provided, with .the ex-• eption of deck elevation which is measured from the natural: rade. (f) Utility and visual obstructions shall generally..,.be. voided so as to maintain access to underground utilities and for rotect vistas from neighboring properties. • (g) ,Any structure that is notallowed on private property - 6 - y.. 1' 1 2 3 4 '• 5 6 8 9 10 11 1• 2 1• 3 14 15 16 hall not be allowed on public right-of-way. • Structures placed 'n the public right-of-way, shall not be connected to any utility, uch as gas, electric, telephone, etc. Construction materials ill be temporary in nature thereby preventing an undue hardship 'f requested by the City to be removed. (h) All construction shall conform to the requirements of he Uniform Building Code, the City Municipal Code, and the epartment of Public Works. (i) Any person associated with the City in any way or serv- g a board, commission, Council, vendor, employee or any person awing any financial interest from the City shall be heard by the ity Council for approval or denial of their encroachment equest. (j) An encroachment permit shall not be granted where the *stent or product will.in'any way contribute to or satisfy the equired open space on private property as required by the 17 unicipal Code. Public right-of-way cannot be used to satisfy_ 18 :nyconditions of building or zoning that are normally provided 19 20 21 22 23 24 t:` 25 26 ?•. 27 i 28 n site. (k) An encroachment shall not provide structural support or any structure located on private property. (1) No encroachment permit shall be issued unless it meets tylkguidelines of this chapter regardless of other City depart- ent or agency requirements. II. Pedestrian Walk Street (a) Fences may, be permitted provided a•thirty-six inch (36") _maximum height is. observed. To' insure' visibility •at;. orners, a thirty-six inch• (36") maximum height is• required: 1 2 3 4 5 6 8 . 9 10 11 ' 12 13 ' 14 15 16 17 18 19 20 21 22 23 . 24 25 26 27 28 • i:�•. y, y+•11:s'•.w• ,•,:.•.!:'..anw>H'1M:;li7.' t1��4Ywi+A ithin a distance of five feet (5') from the corner., This' pre- ludes any landscaping exceeding thirty-six inches (36") maximum eight. _:... (b) Retaining walls of masonry, block, brick or concrete • ay be permitted provided the grade changes, extreme contours or ther factors necessitate such structures. However', the height hall be the minimum necessary for earth retention and shall in o case exceed thirty-six inch (36") maximum. A retaining wall n public right-of-way shall not support any structure on private roperty. (c) 'Decks may be permitted provided they do not exceed welve inches (12") maximum height above the existing natural rade and do not project into the public right-ofaay more than alf (1/2) the distance between the property line and edge of • xisting or future sidewalk: Deck railings are permitted pro- ided that they are of open wood construction and that deck and ailing do not exceed forty-two inches (42") maximum height. _ (d) Parking or driving on walk streets is strictly pro- ibited although exceptions may be granted during construction my by the Director of Public Works provided the vehicle(s) do of exceed the weight limit. III. Vehicular street ` , (a) Fences maybe permitted provided a thirty-six inch (36")_: aximum height is observed. To insure visibility at corners a hirty-six inches '06") maximum height is enforced within a dis- ance of ten feet•(10;) from the•corner. This also precludes any andscaping exceeding thirty-six inches (36") maximum height.:;:;.:,) (b) Sidewalks,. curbs and other frontage: improvements are *I r.•Ir •.if iVt..4.i.. .•i ,. Z,'•�1 /•r.ti .,a ,w:'•.r ... . n:.�.'•I•,•,•J::.+'14f Sv.•.)GIM r,,,�,�j„1`{i44:f.Sa'W,•�!.:.i11� 1 2 3 4 G 8 9 10 11 12 13 14 15 16 1 18 19 20 21 22 23 24 25 26 27 28 emitted subject to design approval by the Public Works epartment. (c) The proposed encroachment shall not be placed over an xisting or planned sidewalk. ection 29.39. Commercial Outdoor Dining. A Conditional Use Permit is required and use of public ight-of-way for commercial outdoor dining is permitted provided he commercial outdoor dining: (a) provides for and maintains an area for. passage of edestrian traffic; (b) does not inconvenience pedestrian traffic, and (c) conforms with all applicable health codes and the City unicipal Code. ection 29.40. Mandatory • conditions imposed upon all ncroacbments. In granting an encroachment under the provisions of this hapter, the following conditions, in addition to any other con- itions deemed necessary or advisable, shall be imposed: (a) That the City, its officers, employees and agents may nter upon real property for the purpose of repair, maintenance, • r replacement of the facilities or properties on or in said ublic right-of-way. The owner(s) waive any and all claims for amages or liability in connection therewith for property damages.' ncurred; (b) That the City shall be reimbursed for any damages caused o City -owned facilities resulting from construction or main- enance. of the encroachment over public .right-of-way by the. wner(s), their heirs, successors or assigns; 1 2 3 4 (c) The encroachment permit is issued to the legal owners) f the real property. The encroachment permit is revokable by.tho':A ity upon sale of the' business or property . unless •`the;,:new wner(s).or operator(s) applies for,;and receives an encroachment^ ermit within ninety (90) days. Residential Properties Upon sale of the parcel, the encroachment permit shall not_, 8 succeed to the new owner except upon review by the City and Otis- 7. 9 suance to the new owner upon said new owner's application.;`The 10 Residential Building Report prepared on the property will • 11 cate that an encroachment' permit is in force and instruct. the 12 OWNER to take steps to have the new owner apply for an encroach - 13 ent permit or it must be abated within fifteen (15) days. In 14 the event that the new owner does not apply for an'encroachment 15 permit for the continued use of the land as' conditioned by the 16 permit, the owner shall restore the land within fifteen (15) days 17 of recordation of the sale. 18 ._:Commercial Properties Upon sale. of the' parcel• v-i-aee-el the encroachment permit e 19 20 .21 shall not succeed to the new owner except upon Conditional; sePermit review by the CITY and reissuance to the new owner upon • 22 said new owner's application. In the event that the new owner 23 24 25 1,.,..26 I 27 28 does not apply for an encroachment permit for the continued use of the land as conditioned by the permit, the owner shall restore the land within fifteen (15) days of recordation of the sale. (d) That all'work be performed in accordance with City poli-, y, standard specifications, and ordinances. - 10 - 2 3 }4 G he land and shall be binding upon all heirs, successors, as- • igns, executors, or administrators in interest; 10 (h) That a certificate of insurance in amounts and form ' 11 + 121pon the granting of the encroachment and shall be maintained in ';13 I4 15 16 17 18 19 20 21 22 23 24 • 25 . 26 F. 27 28 (e) That the encroachment shall be removed by the permittee at no cost to the City upon a thirty (30) day written notice to he permittee from the City, and should any cost be incurred by he City in the removal of such engxoachment, such cost shall be lien upon the subject property; (f) That an encroachment permit agreement be recorded by the ity in the office of the County Recorder; ' (g) That the encroachment shall be a covenant running with atisfactory tb the City Attorney shall be filed with the City ood standing at all times so long as the encroachment exists, eleasing the City from any and all liability whatsoever. in the ranting of such encroachment; and (i) That the applicant shall expressly agree to each of the . onditions imposed, including any which may be in addition to the. oregoing, as a prerequisite to •the granting of the encroachment y the City. ection 29.41. Application Procedure. (a) Applications. An application for an encroachment into a lanned or existing public right-of-way shall be• filed by the e: wner of the property for which the encroachment is sought .or by n authorized representative of the owner. Such application hall be made to the Director of Public Works and shall be on :; orms furnished by the Department of Public Works. (b) Filing fee. A uniform fee, established by Council under•. 1 1 2 8 9 10 11 12 13 14 •15 16 17 18 19 20 21 22 23 24 eparate resolution, shall be required upon the filing and'inves- igation of the application for encroachment or transfer of an ncroachment permit to defray administrative costs incurred by he City in processing the application. Such fee shall be non- efundable and shall.include the costs of recordation of the en- roachment, if granted. (c) Investigation. An investigation shall be conducted by 11 departments of the City having an interest in, or jurisdic- ion over, the matter. Upon the receipt of an application pur- uant to the provisions of this chapter, the DirectorAA.of Public •Iul orks shall transmit the application to all affected departments or written reports of findings and recommendations. All such I ritten reports shall be submitted to the Director of Public orks for consideration when making a decig,ion on the pplication. (d) Director of Public Works findings and decision. The irector of Public Works shall make a written decision. Such ecision shall recite the findings upon which the Director bases' is decision. If the decision is favorable to the granting of he encroachment, it shall set forth the conditions to be im- - 11 osed. The conditions set forth in Section 29.38 through 29.40 f this chapter shall be attached to every permit approval. (e) Appeal. The decision of the Director of Public Works hall be final ten (10) days after mailing a copy of his decision -- o the applicant. Within said ten (10) day period, the applicant ay appeal the decision of thepirector of. Public Works to the ouncil toreview•a denial of the application or any conditions ttached to an approval other than those set forth in. Section 2 .3 4 6 7 8 9 10 11 12 13 14 15 16 1 1 i 8 19 20 21 22 23 oid if or when the building on private property is removed. ection 29.44. Review and Review Fees. (a) All permits are valid for two years from the date of ssuance and may be renewable at the. end of the two year period. (b) All permits shall be reviewed every two (2} years from he date of original issuance. The review shall ensure com- liance to the conditions under which the encroachment was gran - ed or any new conditions deemed necessary by the City. (c) A uniform fee shall be established by Coun51 under sep- rate resolution. The fee shall defray administrative •costs in- urred in processing the review. The encroachment permit shall e reviewed prior to extending.the permit for an additional two ears. lection 29.45. Revocation The Director of Public Works or the Council may revoke any ncroachment permit for noncompliance with the conditions set orth in granting such encroachment or if itris determined that uch permit •is not in the public interest. A written notice 24 25 26 27 28 hall be mailed to the permittee of such revocation. Within ten 10) days of mailing of such notice of revocation to the permit- ee, a written appeal of such action may be filed. Any such ap- eal shall be reviewed by the Council and its determination of he matter shall be final. . ection 29.46. Encroachment violation. It shall be unlawful for any person to construct or main- ain, or cause to be constructed or maintained, n violation of the provisions of this chapter. ection 29.47. Violations: Misdemeanors. - 14 - any encroachment 1 9.38 of •this chapter. Upon consideration of such appeal,:`the.: ouncil may approve, modify, or disapprove the application.for'•. 2 ncroachment. The Council may add, delete, or modify the condi-: ions attached to the encroachment. permit. The action of.'the.:: 3 4 6 ouncil shall be final.. (f) Time limit for development.. Any encroachment granted:. •ursuant to the provisions of this chapter shall be developed and';.': 7: tilized within a period not to exceed six (6) months from 8 fter the date of the granting of such encroachment, and, not o developed and utilized, such encroachment automatically shall : ecome null and void at the -expiration of such six (6) month ;V eriod. '• (g) Extension of time. The permittee may apply in writing or one extension of time, not to exceed six (6) months, within hich to develop and use such encroachment. The Director of ublfc Works, after due consideration, shall either grant or deny he extension of time for such development and use. ection 29.42. Maintenance of Encroachment It shall be the responsibility of the adjacent property wner to maintain the encroachment in a condition satisfactory to he City. . ection 29.43. Non -Conformance of Encroachment. No building permit shall be issued for new construction 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 or or remodeling of an existing structure exceeding 507. of the ex sting structure's square footage or 507. of the assessed value-•: ion, whichever is less, until the adjacent City right-of-way is etermined to be in accordance with the City standards. .Addi tonally, all existing encroachment permits shall become null and., - 13 - 1 2 3 4 5 6 F % 8 12 • 13 14 15 16 18 19 20 21 22 23 124 i' 25 126 r. 27 28 Any person violating any of the provisiops of this chapter shall be deemed guilty of a misdemeanor and upon conviction phereof, shall be fined in an amount not exceeding Five Hundred $500.00) Dollars or be imprisoned..in the County Jail for a peri - d not exceeding six (6) months,.or by both such fine and impris- nment. Each day such violation is committed or permitted to ontinue shall constitute a separate offense and shall be punish- ble as such. ection 29.48. Violations: Additional Remedies: Injunctions. As an additional remedy, the construction or maintenance of ny encroachment in violation -of any provision of this chapter, hall be deemed-; and is declared. to be, a public nuisance and may e subject to abatement summarily by a restraining order or in- unction issued by a court of competent jurisdiction. ection 29.49. Fees. All fees applicable pursuant to this article Shall be set by esolution of the City Council. SECTION 2. EFFECTIVE DATE. This ordinance shall become ffective and be in full force and operation from and after thin- . 'I y days after its final passage and adoption. SECTION 3. PUBLICATION. The City Council does hereby esignate the City Attorney to prepare a summary of this or- inance,'to be published pursuant to Government Code Section 69 '3(c) (1) in lieu of the full text of said ordinance. That rior to the expiration of fifteen (15) days after the date of is adoption, the City Clerk shall cause the summary to be ublished in the Easy Reader, a weekly newspaper of general cir- ulatibii, published and circulated in the City of Hermosa Beach. :*. • • -:15 - . 1 2 3 4 5, 6 7 8 9 10 11 12 13 14 15 16 • 17, 18 19 20 21 22 23 24 25 26 27 28 SECTION 4. CERTIFICATION. The City Clerk shall certify t the passage and adoption of this ordinance; shall enter the sam in the book of original ordinances of said City; shall make minute of the passage and adoption :thereof in the records of th proceedings of the, City Council at which the same is passed an adopted. ATTEST: ,&./Leze,), PASSED,•..APPROVED•and ADOPTED this 14th -day of anuar 0986. - ' '• .— PRESIDENT'•of the City Council, and MAYOR of the City of Hermosa Beach, California , City Clerk. PROVED AS T0. FORM ,� 1 / f 1'l ��-.• -r;:-14 CIO Attorney /, - 16 - fl June 15 , 1987 HONORABLE MAYOR and MEMBERS of Regular Meeting of the HERMOSA BEACH CITY COUNCIL June:23, 1987 PROPOSED RESOLUTION AND AMENDMENT TO RESOLUTION 86-4932 ENCROACHMENT PERMIT AGREEMENTS AND CITY OF HERMOSA BEACH ENCROACHMENT PERMIT ENDORSEMENT Recommendation It is recommended that City Council: 1. Adopt Resolution 87- , (page -3 of 10-) a resolution of the City of Hermosa Beach, California approving the Commercial Outdoor. Dining Encroachment Permit Agreement (Exhibit C). 2. Adopt Resolution 87- , (pages -8 of 10- and -9 of 10-) a resolution amending Resolution 86-4932; as amended, reducing the residential encroachment permit liability insurance requirement and approving an updated City of Hermosa Beach Encroachment Permit Endorsement. Background On May 26, 1987, staff presented amendments to encroachment documents to "clean up" established encroachment policies. City Council directed staff to return on June 23, 1987 with encroachment permit documents that include City Council and staff concerns governing encroachments within the public right-of-way. Analysis CONCERN #1: COMMERCIAL ENCROACHMENT PERMIT AGREEMENT City Council is desirous of including language to the Commercial Encroachment Permit Agreement allowing the lessee of commercial property to secure a Commercial Outdoor Dining Encroachment Permit and also, hold the permittee liable for conformance of the Guidelines and Conditional for Approval (including liability insurance and returning the property to its original condition). A separate resolution is attached recommending approval of the Commercial Outdoor Dining Encroachment Permit Agreement. CONCERN #2: RESIDENTIAL ENCROACHMENT PERMIT AGREEMENT Residential property owners have been unsuccessful in securing required liability insurance in the amount of $1,000,000 naming the City as an additional insured. The insurance industry recently made policy changes discontinuing the practice of insuring homeowners for $1,000,000, naming another entity as an additional insured; however, the industry does grant liability coverage in the amount of $500,000 naming another entity as an additional insured. -1 of 10- Six encroachment permit applications have been approved since July, 1986, but building has been forced to stop; because the required insurance is unavailable. This has become costly for some and inconvenient for all property owners. Staff recommends.. changing the residential liability insurance requirement to $500,000. Recommended wording for the Residential Encroachment Permit Agreement is as follows: "SECTION 4. The OWNER further agrees to insure the CITY against all risks of loss by reason of construction of maintenance of the encroachment by (1) naming the CITY as an additional insured on the OWNER'S public liability and property damage insurance policy carrying a combined single limit coverage of $500,000 agains any injury, death or loss arising out of the encroachment, (2) filing the "City of Hermosa Beach Encroachment Permit Endorsement" duly executed by the OWNER'S insurance carrier, and (3) further agreeing that failure to maintain such insurance policy shall be grounds for cancellation of this permit." CONCERN #3: CITY OF HERMOSA BEACH ENCROACHMENT ENDORSEMENT The Encroachment Endorsement is used for both Residential and Commercial Encroachment Permit Agreements. Wording in the current Encroachment Endorsement needs to be updated. It is recommended that one endorsement form be created for both Commercial and Residential Encroachment Permits. The recommended endorsement is attached as page -10 of 10-. Alternatives Other alternative considered by staff and available to City Council are: 1. Receive and file this report. 2. Make changes to the recommended wording. 3. Direct staff to return with additional information. Respectfully submitted iJ Ly Stevens Administrative Aide -2 of 10- •�_ A-- , ory T. eyer Manager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 87-, A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING THE COMMERCIAL OUTDOOR DINING ENCROACHMENT PERMIT AGREEMENT (EXHIBIT C). WHEREAS, on January 14, 1986 City Council approved Ordinance 85-821 establishing Article V, Chapter 29 of the Hermosa Beach City Code, Streets and Sidewalks - regulating the placement of encroachments within the public right-of-way, WHEREAS, City Council is desirous 'of permitting the lessee of commercial property to secure a Commercial Outdoor Dining Encroachment Permit, WHEREAS, the attached Commercial Outdoor Dining Encroachment Permit Agreement is necessary to assure due protection of the public right-of-way for present and future citizens of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The attached Commercial Outdoor Dining Encroachment Permit Agreement (Exhibit C) shall constitute the regulation for the implementation of encroachments onto public right-of-way for the purpose of outdoor dining. SECTION 2. This resolution shall take effect immediately. PASSED, APPROVED, and ADOPTED this day of , 1987. PRESIDENT of the City•Council, and MAYOR of the City of Hermosa Beach, California. ATTEST: CITY CLERK -3 of 10- WHEN RECORDED RETURN TO: City Clerk City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 SPACE ABOVE FOR RECORDER COMMERCIAL OUTDOOR DINING ENCROACHMENT PERMIT THIS AGREEMENT is made and entered into at Hermosa Beach, California, this day of ., 19 , by and between the CITY OF HERMOSA BEACH, a municipal corporation in the County of Los Angeles, State of California, hereinafter called a7 the "CITY", and: hereinafter called PERMITTEE which parties do agree as follows: SECTION 1. PERMITTEE represents that they are the lessee(s) of real property located at Hermosa Beach, legally described as: SECTION 2. The parties further agree that an encroachment permit application was presented to the Public Works Department of the CITY for permission to encroach in and over a portion of: For the sole purpose of outside dining with improvements consisting of the following: _That a sketch of the proposed improvements and encroachment is on file in the Public Works Department of the CITY and is by reference incorporated herein and made -a part hereof; and that -4 of 10 - EXHIBIT C permit is hereby granted for that certain encroachment herein requested. SECTION 3. In consideration of the permission granted by the City to permit the improvements hereinabove described in SECTION 2, in, upon, or over public right-of-way, the PERMITTEE covenant and agree to the following: a. PERMITTEE shall permit the CITY, its officers, employees and agents to enter upon said real property at any and every place therein for the purpose of repair, maintenance, or replacement of the facilities or properties on or in said public right-of-way, hereby waiving any and all claims for damages or liability in connection therewith for property damages incurred; b. PERMITTEE shall reimburse the CITY for any damages caused to CITY -owned facilities by construction or maintenance of the encroachment over said public right-of-way by the PERMITTEE, their heirs, successors or assigns; c. PERMITTEE shall remove the encroachment at their own expense --upon thirty (30) days written notice by the CITY, to the PERMITTEE their heirs, successors or assigns, in the event, in the opinion of the CITY, the public right-of-way becomes necessary for a municipal purpose. Should any cost be incurred by the CITY in the removal of the encroachment, such cost shall be a lien upon subject property. d. PERMITTEE shall hold and save the CITY harmless from any action at law whatsoever or at all or''from any claim or damage by reason of the maintenance of the encroachment over the right-of-way owned by the CITY. e. This permit is issued to the PERMITTEE only as legal lessee -5 of 10 - EXHIBIT C of the real property hereinabove described in SECTION 1 of this agreement, which is the herein described contiguous parcel. f. PERMITTEE shall perform all work in accordance with CITY policy, standard specifications, and ordinances. g. PERMITTEE recognizes and understands that this permit may create a possessory interest subject to property taxation and, further, PERMITTEE agrees to make payment of any property taxes levied on such interest. h. PERMITTEE shall be responsible for and maintain said encroachment including all associated costs. i. PERMITTEE recognizes and understands that this permit is revokable upon demolition of the property. j. Commercial Properties: Upon the surrender of possession of lease by permittee, this encroachment permit shall not succeed to the new permittee except upon Conditional Use Permit review by the CITY and reissuance to the new permittee upon said new permittee's application. In the event that the new permittee does not apply for an encroachment permit for the continued use of the herein described land as conditioned by this permit, the undersigned PERMITTEE shall restore the land described herein within fifteen (15) days of surrender of possession of lease. SECTION 4. The PERMITTEE further agrees to insure the CITY against all risks of loss by reason of construction or maintenance of the encroachment by (1) naming the CITY as an additional insured on the PERMITTEE public liability and property -6 of 10- damage insurance policy carrying a combined single limit coverage of $1,000,000 against any injury, death or loss arising out of the encroachment, (2) filing the "City of Hermosa Beach Encroachment Endorsement" duly executed by the PERMITTEE insurance carrier, and (3) further agreeing that failure to maintain such insurance policy shall be grounds for cancellation of this permit. SECTION 5. This agreement shall be recorded in the Office of the Recorder of Los Angeles County, State of California. CITY OF HERMOSA BEACH LESSEE(S) MAYOR PERMITTEE ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) On this the day of , 19 , before me, , the undersigned Notary Public personally appeared , personally known to me to the the Mayor of the City of Hermosa Beach and known to me to be the person who executed within instrument on behalf of the City of Hermosa Beach and acknowledged to me that such City of Hermosa Beach executed the same. WITNESS my hand and official seal. Notary's Signature STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) On this the day of personally appeared [ ] personally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 19 , before me, , the undersigned Notary Public , subscribed to the within instrument and acknowledged that executed it. WITNESS my hand and official seal. Notary's Signature -7 of 10 - EXHIBIT C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -;"3-,iF RESOLUTION NO. 87- A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION NO. 86-4932; AS AMENDED, REDUCING THE RESIDENTIAL ENCROACHMENT PERMIT LIABILITY INSURANCE REQUIREMENT AND APPROVING AN UPDATED CITY OF HERMOSA BEACH ENCROACHMENT PERMIT ENDORSEMENT. WHEREAS, residents of Hermosa beach desiring a Residential Encroachment Permit have not been successful in securing the required $1,000,000 liability insurance naming the City as an additional insured, WHEREAS, wording in the current City of Hermosa Beach Encroachment Permit Endorsement needs to be updated and deleted. WHEREAS, the City of Hermosa Beach Encroachment Permit Endorsement is used for the Residential, Commercial and Commercial Outdoor Dining Encroachment Permit Agreements and it is recommended that one endorsement form be created for all encroachment permits. (attached page 3b) `�- NOW, THEREFORE, the City Council of the City of Hermosa Beach, California does hereby resolve as follows: SECTION 1. Section 4. of Exhibit B (Residential Encroachment Permit Agreement) of Resolution No. 86-4932 shall be amended to read as follows: "SECTION 4. The OWNER further agrees to insure the CITY against all risks of loss by reason of construction or maintenance of the encroachment by (1) naming the CITY as an - additional insured on the OWNER'S public liability and property damage insurance policy carrying a combined single limit coverage of $500,000 against any injury, death or loss arising out of the encroachment, (2) filing the "City of Hermosa Beach encroachment Permit Endorsement" duly executed -8 of 10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 by the OWNER'S insurance carrier, and (3) further agreeing that failure to maintain such insurance policy shall be grounds for cancellation of this permit." SECTION 2. Item #4 of the City of Hermosa Beach Encroachment Permit Endorsement shall be updated to read as follows: 4. Provide the designated limits of liability combined single limit coverage against any injury, death, loss or damage arising out of the encroachment as follows: [ ] Residential $ 500,000 [ ] Commercial $1,000,000 SECTION 3. Item #5 of the City of Hermosa Beach Encroachment Permit Endorsement shall be deleted. SECTION 4. This resolution shall take effect immediately. PASSED, APPROVED, and ADOPTED this day of , 1987. PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach, California. ATTEST: CITY CLERK -9 of 10- PROPOSED CITY OF HERMOSA BEACH ENCROACHMENT PERMIT ENDORSEMENT To be attached to and made a part of all policies insuring the liability of any person, firm, or corporation subject to regulations by the City Council because of the existence of an encroachment. Notwithstanding any inconsistent expression in the policy to which this endorsement is..attached, or in any other endorsement now or hereafter attached thereto, or made a part thereof, the protection afforded by said policy shall: 1. Include the City of Hermosa Beach as an additional insured. (To include the elected officials, appointed officials and employees). For the risks covered by this endorsement, this insurance will provide primary insurance to the City to the exclusion of any other insurance or self-insurance program the City may carry with respect to claims and injuries arising out of activities of the insured hereunder. 2. Indemnify and save harmless the City of Hermosa Beach against any and all claims which result from the existence of any encroachment existing as the result of the Named Insured's operations or activities. This hold harmless assumption on the part of the underwriters shall include all costs of investigation and defense. 3. Not be cancelled except by notice to the City Attorney of the City of Hermosa Beach at least thirty (30) days prior to the date of sil"dh cancellation. • 4. Provide the designated limits of liability combined single limit coverage against any injury, death, loss or damage arising out of the encroachment, as follows: [ ] Residential [ ] Commercial $ 500,000 $1,000,000 The limits of liability as stated above apply to the insurance afforded by this endorsement notwithstanding that the policy may have lower limits of liability applying elsewhere in the policy. Attached to and forming part of Policy No. of the Date: Expiration Date: APPROVED AS TO FORM: CITY ATTORNEY Duly Authorized Agent Agency: Name/Address/Phone r 4•• a✓u ^:ia j ..:. • ; '.ry:.� :'k'. u` ,,�."_+.t �a i f y,... ,h 4 � .v c �1?� .-_v:"*»v . r� ae� n. <,->;...:�._ —10 n f June 15, 1987 .rt Background Material Resolution 86-4932 Commercial Encroachment Permit Agreement (Exhibit A) Residential Encroachment Permit Agreement (Exhibit B) Encroachment Endorsement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 86- 4932 A RESOLUTION OF THE CITY OF HERMOSA BEACH. CALIFORNIA APPROVING THE COMMERCIAL ENCROACHMENT PERMIT AGREEMENT (EXHIBIT A) AND THE RESIDENTIAL ENCROACHMENT PERMIT AGREEMENT (EXHIBIT B). WHEREAS. on January 14, 1986 City Council. approved Ordinance 86-821 Establishing Article V, .Chapter 29 of the Hermosa Beach City Code, Streets and Sidewalks.- regulating the placement of encroachments within public right-of-way. WHEREAS, "Section 29.40(f) - Manditory conditions imposed upon all encroachments" requires that an encroachment permit agreement be recorded by the City in the office of the County Recorder. WHEREAS, after due consideration it is the finding of the City Council that the attached Encroachment Permit Agreements (Exhibit A and Exhibit B) are necessary to assure due protection of the public right-of-way for present and future citizens of the City. NOW. THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The attached Commercial Encroachment Permit Agreement (Exhibit A) shall constitute the regulation for 'the implementation of encroachments onto public right-of-way for the purpose of commercial uses. SECTION 2. The attached Residential Encroachment Permit Agreement (Exhibit B) shall constitute the regulations for the implementation of encroachments onto public right-of-way for the purposes of residential quasi -private uses. SECTION 3. That the City Clerk shall certify to the passage 1 2 3 4 5 6 7 8 9 10 11 12 13 1 15 ld 17 18 19 20 21 22 23 24 25 26 .I i 27 28 41. and adoption of this resolution; shall. make an entry of the pas-. sage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted.. ' PASSED, APPROVED, ,and ADOPTED this 13day of May , 1986. i; _"/ •- . PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach, California. - 2 - WHEN RECORDED RETURN TO: City Clerk City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 .ti SPACE ABOVE FOR RECORDER COMMERCIAL ENCROACHMENT PERMIT AGREEMENT THIS AGREEMENT is made and entered into at Hermosa Beach, California, this day of , 19 by and between the CITY OF HERMOSA BEACH, a municipal corporation in the County of Los Angeles, State of California, hereinafter called the "CITY", and: hereinafter called "OWNER" which parties do agree as follows: SECTION 1. OWNER ;represents that they are the owner in fee of real property located at Hermosa Beach, legally described as: SECTION 2. The parties further agree that an encroachment permit application was presented to the Public Works Department of the CITY for permission to encroach in and over a portion of: With improvements consisting of the following: That a sketch of the proposed improvement and encroachment is on file in the Public Works Department of the CITY .and is by i reference incorporated herein and made a part hereof; and,thati permit is hereby granted for that certain encroachment herein .. requested. SECTION 3. In consideration of the permission granted by the CITY to permit the improvements hereinabove described in SEC- TION 2, in, upon, or over• public right-of-way, the OWNER covenant and agree to the following: a. OWNER shall permit the CITY, its officers, employees and agents to enter upon said real property at any and every place therein.for the purpose of repair, maintenance, or replacement .of the facilities or properties on or in said public right-of-way, hereby waiving any and all claims for damages or liability in connection therewith for property damages incurred; b. OWNER shall reimburse the CITY for any damages caused to CITY -owned facilities by construction or maintenance of the encroachment over said public right-of-way by the OWNER, their heirs, successors or assigns; c. OWNER shall remove the encroachment at their own expense upon thirty (30) days written notice by the CITY, to the OWNER, their heirs, successors or assigns, in the event, in the opinion of the CITY, the public right-of-way becomes necessary for a municipal purpose. Should any cost be in- curred by the CITY in the removal of the encroachment, such cost shall be a lien upon subject property. d. OWNER shall hold and save the CITY harmless from any action at law whatsoever or at all or from any claim or damage by reason of the maintenance of the encroachment over the right-of-way owned by the CITY. • EXHIBIT A 4 This permit is issued to the OWNER only as legal owner of the real property hereinabove described in SECTION 1 of this agreement, which is the herein described contiguous parcel. OWNER shall perform all work in accordance with CITY policy, standard specifications, and ordinances. OWNER recognizes and understands that this permit may create a possessory interest subject to property taxation and, fur- ther, OWNER agrees to make payment of any property taxes levied on such interest. h. OWNER shall be responsible for and maintain said encroach- ment including all associated costs. i. OWNER recognizes and understands that this permit is revok- able upon demolition of the property. j. Commercial Properties: Upon sale of the above parcel, this encroachment permit'shall not succeed to the new owner ex- cept upon Conditional Use Permit review by the CITY and reissuance to the new owner upon said new owner's applica- tion. In the event that the new owner does not apply for an encroachment permit for the continued use of the 1 herein - described land as conditioned by this .permit, the undersigned OWNER shall restore the land described herein within fifteen (15) days of recordation of the sale. SECTION 4. The OWNER further agrees to insure the CITY against all risks of loss by reason of construction or main- •tenance of the encroachment by (1) naming the CITY as an addi- %tional insured on the OWNER's public liability and property damage insurance policy carrying a combined single limit coverage of $1,000,000 against any injury, death or loss arising out of 'the encroachment, (2) filing the "City of Hermosa Beach Encroach- ment;Endorsement" duly executed by the OWNER's insurance carrier, • „i•; EXHIBIT A and (3) further agreeing that failure to maintain such insurance policy shall be grounds for cancellation of this permit. SECTION 5. This agreement shall be recorded in the Office of the Recorder of Los Angeles County, State of California. CITY OF HERMOSA BEACH MAYOR ATTEST: OWNER APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY (SEAL) STATE OF CALIFORNIA). COUNTY OF LOS ANGELES) On this the day of ,19 , before me, the undersigned Notary Public per- sonally appeared , personally known to me to be the Mayor of the City of Hermosa Beach and known to me to be the person who executed within instrument on behalf of the City of Hermosa Beach and acknowledged to me that such City of Hermosa Beach executed the same. 'WITNESS my hand and official seal. Notary's Signature (SEAL) STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) On this the day'of , 19 ,before me, , the un'aTrsigned Notary Public personally appeared [ ] personally known to me [ ] proved to me on the basis of -satisfactory evidence to be the person(s) whose name(s) sub- scribed to the witnin instrument and acknowledged that executed it. WITNESS my hand and official seal. Notary's Signature s:agree 1.4 (SEAL) EXHIBIT A WHEN RECORDED RETURN TO: City Clerk City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 SPACE ABOVE FOR RECORDER RESIDENTIAL ENCROACHMENT PERMIT AGREEMENT THIS AGREEMENT is made and entered into at Hermosa Beach, California, this day of , 19 by and between the CITY OF HERMOSA BEACH, a municipal corporation in the County of Los Angeles, State of California, hereinafter called the "CITY", and: hereinafter called "OWNER" which parties do agree as follows: SECTION 1. OWNER represents that they are the owner in fee of real property located at Hermosa Beach, legally described as: SECTION 2. The parties further agree that an encroachment permit application was presented to the Public Works Department of the CITY for permission to encroach in and over a portion of: With improvements consisting of the following: That a sketch of the proposed improvement and encroachment is on file in the Public Works Department of the CITY and is by - 1 - EXHIBIT B reference incorporated herein and made a part hereofv and that .`1 permit is hereby granted for that certain encroachment herein requested. SECTION 3. In consideration of the permission granted by the CITY to permit the improvements hereinabove described in SEC- TION 2, in, upon, or over public right-of-way, the OWNER covenant and agree to the following: a OWNER shall permit the CITY, its officers, employees and agents. to enter upon said real property at any and every place therein for the purpose of repair, maintenance, or replacement of the facilities or properties on or in said public right-of-way, hereby waiving any and all claims for damages or liability in connection therewith for property damages incurred; b. OWNER shall reimburse the CITY for any damages caused to CITY -owned facilities byconstruction or maintenance of the encroachment over said public right-of-way by the OWNER, their heirs, successors or assigns; c. OWNER shall remove the encroachment at their own expense upon thirty (30) days written notice by the CITY, to the OWNER, their heirs, successors or assigns, in the event, in the opinion of the CITY, the public right-of-way becomes necessary for a municipal purpose. Should any cost be in- curred by the CITY in the removal of the encroachment, such cost shall be a lien upon subject property. d. OWNER shall hold and save the CITY harmless from any action at law whatsoever or at all or from any claim or damage by reason of the maintenance of the encroachment over the right-of-way owned by the CITY. f;1 This permit is issued to the OWNER only as legal owner of the real property hereinabove described in SECTION 1 of this agreement, which is the herein described contiguous parcel. f. OWNER shall perform all work in accordance with CITY policy, standard specifications, and ordinances. • 9 • • k: -damage insurance j• OWNER recognizes and understands that this permit may create a possessory interest subject to property taxation and, fur- ther, OWNER agrees to make payment of any property taxes levied on such interest. OWNER shall be responsible for and maintain said encroach- ment including all associated costs.. OWNER recognizes and understands that this permit is revok- able upon demolition of the property. Residential Properties: Upon sale of the above parcel, this encroachment permit shall not succeed to the new owner ex- cept upon review by the CITY and-reissuance to the new owner upon said new owner's application. The Residential Building Report prepared on the property will indicate that an en- croachment permit is in force and instruct the OWNER to take steps to have the new owner apply for an encroachment !permit or it must be abated within fifteen (15) days. In the event that the new owner does not apply for an encroachment permit for the continued use of the hereindescribed land as condi- tioned by this permit, the undersigned OWNER shall restore the land described herein within fifteen (15) days of recor- dation of the sale. SECTION 4. The OWNER further agrees to insure the CITY against all risks of loss by reason of construction or main- tenance of the encroachment by (1) naming the CITY as an addi- tional insured on the OWNER's public liability and property policy carrying a combined single limit coverage of $1,000,000 against any injury, death or loss arising out of the encroachment, (2) filing the "City of Hermosa Beach Encroach- ment Endorsement" duly executed by the OWNER's insurance carrier, and (3) further agreeing that failure to maintain such insurance policy shall be grounds for cancellation of this permit. SECTION 5. This agreement shall be recorded in the Office of the Recorder of Los Angeles County, State of California. CITY OF HERMOSA BEACH MAYOR ATTEST: CITY CLERK (SEAL) STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) On this the day of Owner Owner APPROVED AS TO FORM: CITY ATTORNEY ,19 , before me, , the undersfd Notary Public per- sonally appeared , Rersonally known to me to be the Mayor of the City of Hermosa Beah and known to me to be the person who executed within instrument on behalf of the City of Hermosa Beach and acknowledged to me that such City of Hermosa Beach executed the same. WITNESS my hand and official seal. Notary's Signature (SEAL) STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) On this the day of , 19 ,before me, Public personally appeared [ ] personally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) sub- scribed to the witnin instrument and acknowledged that executed it. , the unTetsigned Notary WITNESS my handaand official seal. '1/1 Notary's Signature • (SEAL) EXHIBIT B CITY OF HERMOSA BEACH ENCROACHMENT ENDORSEMENT To be attached to and made a part of all policies insuring the liability of any person, firm, or corporation subject to regula- tions by the City Council because of the existence of an encroachment. Notwithstanding any inconsistent expression in the policy to which this endorsement is attached, or in any other endorsement now or hereafter attached thereto, or made a part thereof, the protection afforded by said policy shall: 1. Include the City of Hermosa Beach as an additional insured. (To include the elected officials, appointed officials and employees). For the risks covered by this endorsement, this insurance will provide primary insurance to the City to the exclusion of any other insurance or self-insurance program the City may carry with respect to claims and injuries aris- ing out of activities of the insured hereunder. 2. Indemnify and save harmless the City of Hermosa Beach against any and all claims which result from the existence of any encroachment existing as the result of the Named Insured's operations or activities. This hold harmless assumption on the part of the underwriters shall include all costs of in- vestigation and defense. 3. Not be cancelled except by notice to the City Attorney of the City of Hermosa Beach at least thirty (30) days prior to the date of such cancellation. 4. Provide limits of liability of $1,000,000 combined single limit coverage against any injury, death, loss or damage arising out of the encroachment. 5. Limited classifications, restricting endorsements, exclusions or other special provisions contained in the policy shall not act to limit the benefits of coverage as they shall apply to the City of Hermosa Beach as enumerated in this endorsement. However, nothing herein contained shall affect any right of the insurer against the insured. The limits of liability as stated above apply to the insurance afforded by this endorsement notwithstanding that the policy may have lower,limits of liability applying elsewhere in the policy. Attached to and forming part of Policy.No. of the Duly Authorized Agent Date: Agency: Expiration Date: Name/Address 1 June 16 1987 Honorable Mayor and Members City Council Meeting of of the City Council June 23 1987 REQUEST FOR TERMINATION OF LEASE AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE REDONDO UNION HIGH SCHOOL DISTRICT 'Recommendation It is recommended that City Council not terminate the lease agreement between the City of Hermosa Beach and Redondo Union High School District until such time another lessee is secured for that space at. the Community Center. Background The City has been asked by Redondo Union High School District to rescind the lease agreement between the City of Hermosa Beach and the District for office space in the Community Center (please see District 1elteida eid May 27, 19-87-). Analysis City staff has been discussing this matter with the District for several months iri the attached City correspondence dated March 6, 1987. Staff suggested the District try to sub -lease their space which is an option provided in the agreement. They have not indicated their willingness to do so. Staff has conveyed to the District it's unwillingness to recommend that the lease be rescinded. Basically it is a five year lease that began August 1, 1985 and runs through June 30, 1990. By terminating the lease at this time, lost revenue to the City would be as follows: Sept. 1, 1987 to June 30, 1988: 9965 per mo. or $9;650 Sept. 1, 1988 to June 30, 1989: $1,008 per mo. or $10,080 Sept. 1, 1989 to June 30, 1990: $1,051 per mo. or $10,510 Total Lost Revenue: $30,240 In negotiating this present contract, the City favored a long term lease (5 years) and approved the agreement allowing for lease payments 10 months of the year versus the normal 12 months. This was in keeping with the District's operating schedule. Thus the District will not be making payments in July and August. In an effort t9, secure another lessee, City staff has informed marry non-profit agencies that there is rental space available at the Community Center. However, there has been no interest to date. lv At the time staff conveyed to the District its (staff's) unwillingness to recommend termination of the lease, staff conveyed to the District they approach the City Council with this matter as the Council had the ultimate authority. Attached is a copy of the lease agreement. Concur: Phcl Gre:ory T. Meyer Cit, Manager 2 Respectfully submit rer Alava M. Mastrian, Director Dept. of Community Resources Noted for Fiscal Impact: atz:eifiat,IJ Viki Copeland Finance Administrator • • !. cSOUTH BAY UNION DIGIT eSCIIOOL DISTIZICT 200 N. PACIFIC COAST HIGHWAY • REDONDO BEACH, CA 9027.7. 213/379-5421 May 27, 1987 • • The Honorable John Cioffi Mayor, City of Hermosa Beach Civic Center 1315 Valley Drive Hermosa Beach, CA 90254 Dear Mayor Cioffi: This letter is a formal request to rescind the lease that was drawn on July 9, 1985, between the City of Hermosa Beach and South Bay Union High School District for the lease of facilities at the Hermosa Beach Community Center. At that time the District agreed to lease rooms 1 and 2 fo: a five-year period": at a very reasonable rate. Since that time the school district has suffered declining enrollment and severe reduction in state financial support creating for us a very tight budget and a surplus of our own classrooms. Our Superintendent, Dr. Walt Hale, has met with City Manager, Gregory Meyers, and 1 have met with Assistant City Manager, Alana Mastrian, over this issue. On both occasions we felt sincere concern for the situation described above. It is our understanding that the city council must, act on our request to rescind this contract for the coming year and although this is a hardship on both the city and the school district your fine facility has potential for leasing to other non profit organizations. Please consider our request at the next council meeting to terminate this lease ,• agreement. I am available for additional information at 3i8-7396, if you wish . to call. Sincerely, Edward King, Ph. D. Deputy Superintendent ak • llTV iIF bel3MOM 801-04 CIVIC CENTER HERMOSA BEACH CALIFORNIA 90254 CITY HALL.; (213) 376-6984 POLICE AND FIRE DEPARTMENTS . 376.: 7981 '• oy ✓cc: City Manager, Gregory T. Meyer March 6, 1987 • Dr. Edward J. King Deputy Superintendent South Bay Union High School District 200 N. Pacific Coast Highway Redondo Beach, CA 90277 Dear Dr. King: It has been brought to my attention by Mr. Greg Meyer, our City Manager, that the South Bay Union High School District would like to relocate it's Independent Studies Program. I am somewhat dismayed, Dr. King, about this turn of events. At the time the District was interested in securing the space here in the Hermosa Beach Community Center, we turned down two potential lessees in favor of securing a long term tenant. At that time we could not move fast enough to guarantee the District this space. The need appeared to be great.' As the City of ?lermosaBeach does not want to create a hardship for the District nor for itself, I have recommended to our City Manager that the lease remain in force until a new lessee is secured and that we ask the District to assist in securing that new lessee. Another possibility, Dr. King, is to assign or sublease the rooms. However per Article 15 of the Lease Agreement, written consent of the City must first be obtained. I don't believe this is an insurmountable hurdle. I have attached some pertinent information a new lessee would need to know. Please do not hesitate to call me Dr. King, if you should have any questions or•care to discuss this matter further. I can be reached at 376-6984 ext. 280.. Kindest regard',,, Alana M. Mastrian, Director • Dept. of Community Resources Enclosures ATTACHMENT • 1. Lessee must be a non-profit organization. 2. Total space available for lease: 1,440 sq. ft. (2 rooms at 720 sq. ft. each). 3. Square footage rate: July 1, 1986 thru June 30, 1987 July 1; 1987 thru June 30, 1988 July 1, 1988 thru June 30, 1989 July 1, 1989 thru June 30, 1990 4. Minimum lease: One (1) year $.64 sq. ft. $.67 sq. ft. $.70 sq. ft. $.74 sq. ft. 5. Liability insurance required in the minimum amount of $1 million. City of Hermoa Beach must be named as Additional Insured. BACKGROUND MATERIALS 1 HERMOSA BEACH COMMUNITY CENTER LEASE AGREEMENT This Leasing Agreement is made and entered into on this, the 9TH day of July 19 85 , by and between the City of Hermosa Beach, a Municipal Corporation (City) and So. Bay Union High School (Lessee). A. RECITALS: 7 1. The City is the owner of a recreational/civic service facility generally referred to as the Hermosa Beach Com- munity Center (referred to herein as the "facility"). 2. The facility is subject to certain agreements and deed restrictions entered into on the 28th day of February 1978, between the City and the Hermosa Beach City School District and is further subject to certain provisions imposed by the Department of Housing and Urban Develop- ment as set forth in a document entitled Agreement for Sale and Purchase of Real Property and dated the 28th day of February 1978. These documents are on file in the office of the City Clerk of the City and are public documents and by reference are incorporated into this leasing agreement and are referred to herein as the HUD and SCHOOL DISTRICT AGREEMENTS. 3. The Lessee desires to use a -portion of the facility on the terms and conditions set out herein. NOW, THEREFORE`, THE PARTIES AGREE AS FOLLOWS: 1. TERM. The term of this lease shall be for a period of 5 years commencing on the 1st day of August ,1985 , and ending on the 30th day of June ,19 90 . 2. DESCRIPTION OF PREMISES. The Lessee is leasing from the City that portion of the facility described as: Rooms 1 and 2 3. RENT. Lessee agrees to pay to the City rent accord- ing to the following schedule: Please see Addendum A Payable on the first day of the month. If this lease commences on a day other than the first day of the month, then the Lessee shall pay upon the. commencement of the lease the rental on a pro rata.. basis for the remainder of that month and commence a full rental payment on the first day of the .f..ollowing month. 3A. OTHER CONDITIONS. The following additional condi- tions are agreed to by the Lessee: 1. Lessee shall not mark, drill or deface any walls, ceilings, floor, wood or iron work without Lessor's written consent. 2. No signs or awning shall be p d�emmsesr tained except upon or attached to the outside of such signs showing the bunewithftheepolicyeestablished . All such signs shall be in accordace by the Lessor. for the 4. USE. The Lessee agrees to use the premises only my for of following purpose or purposes: Inded penent stud the South Ba Union Hi:h School District and for no other purpose without the express written consent of the City. Lessee also agrees the artment ofeHousinghand U�banbe used in violation of the Department Development (HUD) or School District AgrAgreeCmeytsoaththosemosa e agreements are interpreted by either Beach City School District or the Department of Housing and Urban Development. 5. INSURANCE LIABILITY. Lessee saalleobtai andemaintain at s sie all times during the term of th insurance protecting Lessee General and Automobile LiabiQ00y000 for personal injury to in amounts not less than $1,000, any one person, $1,000,000 for injuries arisingdout geoor faanym- y bined sing and $1,000,000 for property one dccurrngele ece, limit of $1,000,000. Such insurance shallname City of Hermosa Beach and their officers, employees, officials and members of Boardsor Cimmissio sns aase awdditional h the insured parties. Coverage shalled sample certificates and endorsementsiattached.hereto and must include the coverage and p rovis Lessee shall file and maintain the this required ecertificatate(timof f insurance with the other party during the term of this agreement. oftceeworklorteventis to d be filed prior to the commencement should state clearly: (1) The additional insured requested; (2) Thirty day prior notice of change or cancellation to the City of Hermosa Beach; (3) Insurance is primary to that of the Additional Insured; (4) Coverage included;' (5) Cross -liability clause. WORKER'Sd COMPENSATION INSURANCE. Lessee she allaobtain amenan• Work - the t maintain at all times during insurance and er's Compensatioq and Employers Liability of fur- nish the City (or einsurance proofshallcy) with a tnotcbeecan�elledor such coverage. Suchriot written materially changed without a tho�tHermosadBeaph. notice to: City Manager, City INSURANCE COMPANIES. Insurance companies must be rated (B:XIII) or better in Best's Insurance Rating Guide. 6. CONDITION OF THE PREMISES UPON TERMINATION OF THE LEASE. Lessee agrees to keep and maintain the premises in good con- dition and repair and to return to the City the premises upon termination of this lease in the same condition as when Les- see took possession of the premises excepting any repairs or alterations which were approved by the City, reasonable wear and tear excepted, and does promise to pay the City upon de- mand the reasonable sums to repair the premises in the event of a violation of this provision. 7. CONSTRUCTION. Lessee is prohibited from making any al- terations or performing any construction whatsoever on the premises without the expressed written approval of the City. Any such approval shall include provisions to protect the City from potential liens of labor and material persons. 8. DESTRUCTION, PARTIAL DESTRUCTION OR NECESSITY TO REPAIR BECAUSE OF CONDITIONS CAUSED BY OTHER THAN LESSEE. The City has no duty or obligation to reconstruct the premises in the event of destruction or partial destruction of the premises. The City at its option may reconstruct or repair the prem- ises, whereupon this lease shall remain in full force and effect except that no rent will be owing to the City during said period of reconstruction or repair if such reconstruc- tion or repair interferes with the tenancy created herein to the extent that the premises cannot be used for the purposes intended. In the event the City at its sole discretion determines not to reconstruct or repair the premises then either party at its option may cause this lease to be termi- nated and neither party shall have any liability each to each other. 9. HOLD HARMLESS. Lessee promises to hold the City harmless from any claims, causes of actions or damages of any nature whatever arising from Lessee's use of the premises and will pay the City any monies to which the City may become obli- gated because of Lessee's use of the premises. Lessee shall, if so instructed by the City, cause any occupants of the premises to execute a document in a form prepared by the City wherein that occupant shall expressly waive any right of ac- tion against the City for damages for any injury sustained because of Lessee's use of the premises. 10. RULES, REGULATIONS AND ORDINANCES. The Lessee agrees to comply strictly with all applicable laws and any uniform Com- munity Center rules and regulations adopted by the City Council. 11. TAXES AND CHARGES'. Lessee agrees to pay when due any and all taxes, assessments or charges levied by any governmental agencyon or to the lease -hold premises. -.utcioh , 12. DEFAULT. Should Lessee fail to pay any monies due pur- suant to this lease within three days after written notice from the City or to perform any other obligation required pursuant to the terms of thislease within thirty days after notice from the City, City may immediately cause this lease to be terminated and thereafter take any action and pursue all remedies available under the laws then existent in the State of California. 13. NOTICE. Any notice required to be made or given pur- suant to the provisions of this lease may be either personal- ly served upon the party or deposited in the United States mail, postage prepaid, LESSOR: CITY OF HERMOSA BEACH CITY HALL 1315 VALLEY DRIVE HERMOSA BEACH, CALIFORNIA 90254 LESSEE: SOUTH BAY UNION H.S. DISTRICT 200 NORTH PACIFIC COAST HIGHWAY REDONDO BEACH, CA 90277 Any notices so given pursuant to the provisions of this paragraph will be deemed served twenty-four hours after the deposit thereof in the United States mail. 14. ATTORNEYS FEES. The parties agree that in the event any action is instituted concerning any of the provisions of this lease agreement, the prevailing party may in the discretion of the court be granted as an additional item of damages its attorneys fees. 15. ASSIGNMENT AND SUBLETTING. Lessee may not assign or sublease all or any portion of the premises without the writ- ten consent of the City, which consent may be granted or de- nied at the exclusive and total discretion of the City. 16. SUCCESSORS. Subject to prior provisions, this lease is binding upon the heirs, assigns and successors of interest of the parties. IN WITNESS WHEREOF, the parties have executed this Hermosa /Beach Community Center Lease Agreement at Hermosa Beach on the day first hereinabove set forth. ATTEST BEACH, a ration, Lessor `(�� CITY CLERK APPROVED AS TO DAT TY ATTORNEY LESSEE: ADDENDUM A 1st Year: Aug. 1, 1985 - June 30, 1986: 2nd Year: Sept. 1, 1986 - June 30, 1987: 3rd Year: Sept. 1, 1987 - June 30, 1988: 4th Year: Sept. 1, 1988 - June 30, 1989: 5th Year: Sept. 1, 1989 - June 30, 1990: Total square footage: 1,440. $ 878 per mo. $ 922 per mo. $ 965 per mo. $1,008 per mo. $1,051 per mo. June 17, 1987 HONORABLE MAYOR AND MEMBERS OF THE Regular Meeting of June 23, 1987 HERMOSA BEACH CITY COUNCIL FY 86-87 PROPOSITION A BUDGET AMENDMENT REQUEST FOR THE HERMOSA COMMUTER BUS AND THE "WAVE" DIAL -A -RIDE PROGRAMS RECOMMENDATION Staff recommends appropriation of additional funds in the amount of $65,224 from the FY 86-87 Proposition A Fund for the following transit programs: Hermosa Commuter Bus Program: "WAVE" Dial -a -Ride Program: BACKGROUND CURRENT BUDGET $88,113 $83,594 ADDITIONAL FUNDS $35,741 $29,483 AMENDED BUDGET $123,854 $113,077 On June 24, 1986, City Council approved the FY 86-87 budget which included Proposition A funds for the City's transit programs. ANALYSIS According to the adopted budget, City Council approved $88,113 for the Hermosa Commuter Bus program and $83,594 for the "WAVE" Dial -a -Ride program for FY 86-87. Additional expenditures are necessary for the Hermosa Commuter Bus, because the City of Manhattan Beach withdrew from the program, leaving the City to absorb 100% of the costs for the remainder of the fiscal year. The amended allocation for this program will total $123,854, instead of the approved $88,113 allocation. Also, additional expenditures will be necessary for the new "WAVE" Dial -a -Ride program due to unanticipated start-up costs. The amended allocation of $113,077 reflects expenditures incurred for the former Dial -a -Ride program and the new Dial -a -Ride program. City Council only approved $83,594 for this fiscal year. CONCUR: LA.%. ory T. -yer Manag r Gre Cit NOTED FOR FISCAL IMPACT: Vicki Copeland Finance Administrator Respsectfully submitted, isa Breisacher Planning Aide 014- tit/ kJ -- Michael c ubach Planning Director 1W CITY OF HERMOSA BEACH PLANNING DEPARTMENT MEMORANDUM TO: Honorable Mayor and City Councilmembers FROM: Lisa Breisacher, I SUBJECT: Hermosa Commuter B DATE: June 23, 1987 7 The Hermosa Commuter Bus program currently costs $13.34 subsidy per passenger. With the proposed elimination of three runs, the subsidy per passenger will decrease to $6.67. Staff recognizes that the cost of this program is high, even if these runs are eliminated; however, this program is a demonstra- tion project that is still in the experimental stages. It takes at least 3 years for this type of program to be tested and im- proved to maximize effective service levels. In this case, a consultant will analyize how the system can be regionalized to serve the Coastal Corridor effectively, thus reducing costs per passenger significantly. During this transition period, it has been determined that drop- ping the program would probably increase the cost of the study and duplicate implementation start-up procedures,because the con- sultant would have to start from scratch rather than evaluate the existing service. Also, the feasibility of a park-and-ride program will be investi- gated in conjunction with improving and expanding this commuter service. SUPPLEMENTAL INFO ";:TION 1 NJ dz_ STATEMENT OF ENDOIRSEMENT Send to: Californians for Parks and Wildlife 909 12th St., Ste. 203 Sacramento, CA. 95814 Dear Friends, Greg, Could this be considered on our next agenda? I would like this copied for Council and would encourage our support for the initiative and preparation for application for appropriate benefits under the Act. Thanks, Our organization endorses the California Wildlife, Coastal and Park Land Conservation Act of 1988. You may use our name as an endorser of the Act. Name of Organization Signed by Title I personally endorse the California Wildlife, Coastal and Park Land Conservation Act of 1988. You may use may name as an endorser of the Act. Name Etta Simpson (Mrs. Robert S.) Address 651 -25th Street City Hermosa Beach State CA zip 90254-2.211 Please indicate any title or position you hold or have held which might enhance your endorsement (i.e. current or retired Legislator, other elected official, appointee to governmental body, official in conservation or business group, etc.) Position LI _ • Dates of Term April 1985 -November 1989 • creation Commissioner 1 lbb CALIFORNIANS FOR PARKS & WILDLIFE 909 12th Street, Suite 203 Sacramento, CA 95814 (916) 448-1786 Etta Simpson 651 25th Street Hermosa Beach, CA 90254 Dear Mrs. Simpson: June 10, 1987 The Planning and Conservation League conceived of and is one of the sponsors of the California Wildlife, Coastal and Park Land Initiative. A coalition of conservation groups are supporters of Californians for Parks and Wildlife,the statewide campaign that is working to qualify the initiative for the June 1988 ballot. Supporting groups include: Planning and Conservation League, Sierra Club, National Audubon Society, Defenders of Wildlife, California Waterfowl Association, California Native Plant Society, and many other local conservation, business and civic groups throughout California. The initiative includes $6 million for a trails program. The money would be available on a statewide competitive basis, and funds would be used to acquire and develop land and rights-of-way for trails. A city, county, park district, or nonprofit organization could apply for these funds. In addition, the City of Hermosa Beach would receive • approximately $61,000 through the section of the initiative which provides funds for all cities, counties and districts based on population. These funds. can be used to acquire, develop, rehabilitate or restore property for park, recreational and open space use. The City of Hermosa Beach could use these funds to acquire railroad rights-of-way. We hope that the City of Hermosa Beach and the Open Space People's Action Committee will both endorse the California Wildlife, Coastal and Park Land Initiative. I am enclosing endorsement forms for your use. We would be most appreciative of your help in securing these endorsements. I am enclosing some information about the initiaitve. Please feel free to call if you have any questions or wish to discuss this further. Sincerely, Esther Feldman Research Director CALIFORNIANS FOR PARKS & WILDLIFE 909 12th Street, Suite 203 Sacramento, CA 95814 (916) 448-1786 THE WILDLIFE, COASTAL AND PARK LAND INITIATIVE The Wildlife, Coastal and Park Land initiative is a statewide campaign to preserve California's magnificent wildlife habitat, coast, parks and open space lands. If passed by the voters, this initiative will provide $776 million to permanently preserve these lands throughout California. Our state's park and open space lands are disappearing rapidly, and we must act now if we want to preserve California's unique and irreplacable natural heritage. A statewide coalition of conservation groups and businesses are supporting the initiative as the only means of preserving these lands. The State Legislature failed to pass three bills in 1986 that would have provided funds, and no other funding sources are likely. The initiative will place the $776 million bond act on the June, 1988 ballot. 375,000 valid signatures must be gathered to qualify the initiative for the ballot. CALIFORNIANS FOR PARKS AND WILDLIFE (the sponsor of the initiative) has set a goal of 600,000 signatures, since many signatures turn out to be invalid. Signatures must be gathered between June 15, 1987 and November 15, 1987. The initiative will provide funds for the following purposes: State Park System Regional and Local Parks Wildlife habitat protection Trout and Salmon habitat Coastal protection Santa Monica Mountains Historic Preservation Trails, Urban Streams,Urban Forestry $153 $336 $129 $17 $85 $30 $11 $15 million million million million million million million million Most of the funds will be used to acquire land, and some funding will also be available to build trails and to provide public access and facilities for public use. Local agencies will receive funding to spend on their highest priority park and recreation projects. The initiative is supported by the Planning and Conservation League, Sierra Club, Defenders of Wildlife, National Audubon Society, California Native Plant Society, the League of Women Voters and dozens of other national, state and local conservation and wildlife organizations and local civic and business groups. We welcome and need your help in this landmark effort. For more information about local campaign efforts in your area, contact Californians for Parks and Wildlife, 909 12th St. Suite 203, Sacramento, CA 916-448-1786. CALIFORNIANS FOR PARKS & WILDLIFE 909 12th Street, Suite 203 Sacramento, CA 95814 (916) 448-1786 QUESTIONS AND ANSWERS ABOUT THE PARKS AND WILDLIIFE INITIATIVE 1) Why do we need a wildlife and park land preservation bond act? Fluids are urgently needed to preserve California's magnificent wildlife habitat, coastal and park lands. These lands are disappearing rapidly, and we must act now if we want to protect our state's unique natural heritage. The State and Federal governments have traditionally provided funds for these purposes, but no new state or federal funds have been allocated for land preservation purposes. 2) What does the Bond Act Initiative do? It would place on the June 1988 ballot a bond act to provide 776 million dollars to acquire parkland, wildlife habitat and coastal areas. 3) What would the funds be spent on? Funds would be provided for the following purposes: State Parks Regional and Local Parks Wildlife Habitat Trout and Salmon habitat Coastal Lands Santa Monica Mountains Historical Preservation Trails, Urban streams, Urban forestry 4) .Are the funds for land acquisition or park development? Most of the funds would be used to acquire land. Sixty million dollars would be available to provide public access and to develop facilities at State Parks and beaches, and local park districts would determine how to allocate the $130 million they would receive. 5) Are specific areas named for preservation? About half of the funds are for specific park and wildlife protection projects. The rest of the funds are for statewide prams to preserve wildlife habitat, coastal areas and park lands. 6) What would be the geographic distribution of the funds? Of the total amount allocated by geographic area, about half of the funds would go to Southern California, and the remainder would go to the rest of the State. 7) What are the powers of the Legislature under the bond act? The Legislature could allocate all the funds that are not for specific projects. But spending within each category could not be changed. 8) Would the agency that receives the funds to acquire land have to maintain the land? Yes. Before the funds are disLributed, the state and local agencies who are to receive funds must agree to maintain and preserve the lands for park and wildlife protection purposes. 9) Why was it necessary to do an initiative? No land conservation bond act passed the Legislature in 1985 and 1986, although several attempts were made. There was little prospect for such a bond act in the near future. This initiative takes the most important parts of four bond acts that the Legislature has recently considered: an urban open space bond act for $500 million that was sponsored by the Planning and Conservation League; a coastal protection bond act for $200 million; a wildlife protection bond act for $85 million sponsored by the Nature Conservancy; and a State Parks bond act for $425 million. 10) Has the State traditionally passed bond acts to support parks and wildlife protection? Yes. This bond act is one in a long series of park and wildlife habitat bond acts, which were first placed before the voters in the 1920's. California has the nation's oldest and largest state and local park system, and it has traditionally obtained funds for these purposes from bond acts. Every park and wildlife bond act in the past 25 years has been approved by the voters. 11) .Will the passage of the bond act raise taxes? No. The bonds are repaid from the State's existing general fund. Repayment of bond acts is a first priority for the State, so there is no doubt that funds already available to the State would be used to repay the bonds. 12) Has there- ever been a bond act placed on the ballot through the initiative process? Yes. An initiative bond act to provide funds for the construction of University of California facilities was approved by the voters in 1914. 13) Is there any opposition to the bond act? No one has yet opposed the initiative. 14) What can I do to help qualify and pass the bond act initiative? COntac t CALIFORNIANS FOR PARKS AND WILDLIFE, 909 12th St, Suite 203, Sacramento, CA 95814, or call 916-448-1786. We welcome and need your participation in gathering signatures from June 15 to November 15, 1987, and during the campaign that will follow. Thank you for your support. CALIFORNIANS FOR PARKS & WILDLIFE 909 12th Street, Suite 203 Sacramento, CA 95814 (916) 448-1786 LIST OF PROJECTS FOR PARK BOND ACT INITIATIVE $TATEWID$ PROJECT& Redwood State Parks. $12 million. Expansion of existing State Redwood Parks System. Inland Wetlands. $25 million. Continuation of existing program for preservation of non -coastal wetlands. Monarch Butterflies. $2 million. Acquisition of important Monarch butterfly overwintering sites in California. Urban Creeks. $5 million. Continuation of existing state program of preserving and improving these streams. Urban Forestry. $5 million. Continuation of existing state program of tree planting in California cities. Trout. $6 million. Habitat improvement, land acquisition and development to protect wild trout fisheries. Salmon and Steelhead. $10 million. Continuation of existing state program to protect these native fisheries. Marine Fisheries and Animals: Boats. $1 million. Patrol boats for Dept. California coast from Fort Bragg to Point Conception. Protection of • sea otters, marine birds and fisheries. (Trails. $6 million for local grants program for trail acquisition and \ development, including $1 million for SNOPARK. Historic Preservation. $11 million. Continuation of existing state historical grants program, with $1 million allocated to archeological projects. Per Capita Allocation. $150 million. To local agencies according to per capita formulas. Also for districts not eligible under per capita formula. Coastal Conservancy. $30 million. For land acquisition and conservation programs according to existing law. Natural Areas. $50 million. Natural areas: wildlife and native plant habitat acquisition and conservation. State Park Acquisitions. $4.7 million. For purchases by the Dept. of State Parks, mainly for lands within existing parks. State Park Development. $50 million. For development of new and existing state parks. Southern California Riparian Habitat $10 million. Additional acquisitions of this most endanged habitat. Total of Statewide Projects: $367.7 million LOCAL ACID REGIONAL PROJECT$ I. ti4RTH COAST COUNTIES: Lake, Mendocino, Humboldt, Del Norte Mill Creek $.5 million. Preservation of old growth douglas fir and other species. Humboldt County. Sanctuary Forest $4 million. Preservation of.highland old-growth redwoods and mixed forest in the Mattole River watershed. Mendocino and Humboldt Counties. Lake County Park. $.4 million. Creation of.a new regional park. Lake • County. Anderson Marsh State Historic Park. $1 million. Expansion of existing State Park to preserve wildlife habitat and historical resources. Lake County. Sonoma County . $B million. Preservation of important wetlands and wildlife habitat and areas along San Francisco Bay and the Coast. II. CENTRAL VALLEY and SIERRA COUNTIES Vacaville Ridgelands. $1 million. For a ridgeline park in the mountains around Vacaville. Solano County. Davis: wildlife habitat and wetlands. $2 million. Wetlands, riparian habitat and wildlife habitat in Davis, Yolo County. Sacramento County. $6 million. Acquisitions along rivers and streams. Delta Meadows. $1.6 million. Expansion of existing State Park in the Delta. Sacramento County. Sacramento River. $4 million. Acquisition of critical wildlife habitat areas along the river. Various Counties. South Yuba Trail i Malakof Diggings State Park $2 million. Expansion of existing State Park. Nevada County. Hope Valley. $4 million. Preservation of this pristine mountain Valley near Lake Tahoe. Alpine County. Feather River riparian habitat. $1 million. Acquisition of important riparian habitat along Feather River. Yuba and Sutter Counties. Stanislaus, Tuolumne, San Joaquin and Merced Rivers. $2 million. Riparian habitat acquisitions on these rivers. Various counties. Brovelli Woods. $.3 million. Rare riparian habitat near Stockton. San Joaquin County. San Joaquin River. $5 million. Acquisition of riparian habitat and parkland along the river from Friant Dam to Highway 99. Fresno and Madera Counties. III. Qf FRANCISCO DAY um COUNTIES: Napa, Marin, Contra Costa, Alamed Mateo, Santa Clara 2 Napa Open Space and Wetlands. $a million. Acquisition of lands within the Napa Marsh and associated wetlands. Lake Berryessa. $1 million. Acquistion of wildlife habitat along the east shore of the lake. Napa County. Robert Louis Stevenson State Park. $ million. Expansion of this state park. Napa County. Marin County Agricultural Lands. $15 million. Preservation of important agricultural lands in western Marin County, in Coastal zone and nea existing parks. Marin County Open Space District. $5 million. Important wetlands, wildlife habitat, and open space lands in eastern Marin County, including Loma Alta Mountain and Big Rock Ridge. Mount Tamalpais. $1.6 million. Acquisition of land adjacent to this State Park by the City of Mill Valley. Marin County. Little Franks Tract. . $4 million. Funding to complete the development plan for this State Recreation Area. Contra Costa County. Carquinez Shoreline Park. $1.5 million. Funds to East Bay Regional Park District 'for this park in northern Contra Costa. East Bay Shoreline State Park. $25 million. Major new State Park on the shore of San Francisco Bay in Emeryville, Berkeley and Albany. Alameda and Contra Costa Counties. East Bay Regional Parks $10 million. Expansion of existing East Bay Regional Parks in Alameda and Contra Costa Counties. (Bayshore, Morgan Territory, Northern Contra Costa shoreline, Briones, Pleasanton Ridge). Hayward Hills. $1.5 million. Acquisition of land adjacent to East Bay Parks land on Walpert Ridge in Hayward. Alameda County. Mount Diablo. $4 million. Expansion of existing State Park. Contra Costa County. Peninsula Open Space. $10 million. Continued expansion of open space preservation system in the Midpeninsula Regional Open Space District. San Mateo and Santa Clara Counties. Bay Wetlands. $13 million. Acquisition of critical wetlands habitat in San Francisco Bay. At least $8 million to be spent south of the San Mateo Bridge. San Mateo County Coastline. $8 million. Key open space, park and wetlands areas along the San Mateo County coastline south of Half Moon Bay. Pescadero Marsh. $1 million. Acquisitions adjacent to the existing state wildlife area. San Mateo County. Henry Coe State Park. $3 million. Additions to the State Park. Santa Clara County. IV. CENTRAI, COAST COUNTIES: Santa Cruz, Monterey Pogonip Greenbelt. $15 million. Acquisition of a critical open space area between City of Santa Cruz and Henry Cowell State Park. Santa Cruz County. Santa Cruz Agricultural Lands. $1 million. Preservation of agricultural lands in the Pajaro Valley and on the coastal terrace north of the City of Santa Cruz. Santa Cruz County. Big Basin Redwoods/Castle Rock State Parks. $2 million. Additions to existing State Parks -in Santa Cruz County. Monterey County Open Space. $2 million. Completion of Garland Ranch Regional Park and for acquisitions in the Bixby Creek watershed. Monterey County. Monterey County Agricultural Preservation. $4 million. Preservation of key agricultural lands in the Salinas and Pajaro Valleys in Monterey County. Monterey County Coastal Zone. $1.5 million. Acquisition of important wetlands and wildlife habitat between Monterey Wharf 12 and the Salinas River in Monterey County. Big Sur. $25 million. Acquisition of land and easements to protect viewshed in Big Sur. Monterey County. V. ,SOUTHERN CALIFORNIA COUNTIES: San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, Riverside, San Bernardino, San Diego Nipomo Dunes. $14 million. Acquire wetlands, parkland and critical dunes habitat at Nipomo Dunes. San Luis Obispo and Santa Barbara Counties. Santa Barbara County. $7 million. Parkland, coastal areas, wildlife habitat and some key farmland in the County. Santa Monica Mountains. $30 million. For continued acquisitions in the Santa Monica Mountains. Los Angeles and Ventura Counties. Baldwin Hills. $10 million. For expansion of the existing State Recreation Area. Los Angeles County. Los Angeles County Beaches. $10 million. Development of public access and facilities at County beaches. La Brea Heights Recreation Area. $5 million. New regional park. Los Angeles County. Southern California Riparian Areas. $10 million. Acquisition of lands along rivers in Ventura, Los Angeles, Orange, and San Diego Countie Santa Susana Mountains. $10 million. For expansion of the existing State Park near Chatsworth.. Los Angeles and Ventura Counties. Bolsa Chica. $1.5 million. For expansion of this linear park on the bluffs above Huntington Beach, and for wetlands restoration. Orange County. Laguna Greenbelt. $10 million for acquisition of open space near city of Laguna Beach. Orange County. Irvine Open Space. $4 million. Open space strip from mountains to the sea in Irvine. Orange County. Riverside Citrus State Historic Park. $10 million. Expansion of existing Riverside Citrus Heritage State Park in city of Riverside. Riverside County. Sycamore Canyon Park. $1 million. Expansion of existing city park in Riverside. Riverside County. Santa Ana River Trail. $1 million. Acquisition of right of way for trail along the river. Riverside County. Lake Elsinore -Corona Trail. $1 million. Acquisition of right of way for trail from Elsinore to Corona. Riverside County. Indian Canyons. $19 million. Creation of a new State Park in Indian Palm oasis canyon. Riverside County. Hurkey Creek Park. $400,000 Expansion of an existing regional park in Riverside County. Tecate Cypress . $4 million. Critical native plant habitat in eastern Orange County. Chino Hills State Park. $7 million. Completion of existing State Park in Los Angeles, Riverside, San Bernardino and Orange Counties. Chino Agricultural Preserve. $20 million. Preservation of key dairy and open space lands in San Bernardino County. Anza-Borrego Desert State Park. $5 million. For additions to existing Desert State Park in San Diego County. San Dieguito River. $10 million. Acqusition of land in northern river valley in urban San Diego County. Tijuana River. $10 million. Acquisition of land in this southern river valley in San Diego Copnty. San Diego County Urban Canyons. $10 million. Acquisitions in accordance with general plan for recreation and open space preservation in San Diego County. CALIFORNIANS FOR PARKS & WILDLIFE 909 12th Street, Suite 203 Sacramento, CA 95814 (916) 448-1786 CALIFORNIA WILDLIFE, COASTAL AND PARR LAND CONSERVATION ACT FUNDING SCHEDULE (a) Grants to cities, counties, districts, and nonprofit organizations $166,000,000 (1) Per capita grants $120,000,000 (2) Urban recreation (Roberti-Z'berg-Harris) $20,000,000 (3) Special recreation districts $10,000,000 (4) Historical and archeological resources $1:1,000,000 (5) Trails $5,000,000 (b) Acquisition and development of natural lands $338,700,000 (1) Acquisition of land for the state park system $98,600,000 (2) State Park System - development $54,700,000 (3) Grants to local agencies $185,400,000 (c) Wildlife Conservation Board $81,300,000 (1) Wetlands $38 (2) Acquisition of wildlife habitat $43 (d) State Coastal Conservancy Acquisition, enhancement, restoration, preservation, development of coastal and San Francisco Bay resourc $58 ,000,000 ,300,000 and es ,000,000 (e) Other agencies $82,000,000 (f) Department of Fish and Game (fisheries) $17,000,000 Department of Forestry (urban forestry) $5,000,000 Department of Water Resources(urban streams)$5,000,000 Santa Monica Mountains Conservancy $30,000,000 Big Sur $25,000,000 Wildlife and Natural Areas Conservation Program.$50,000,000 1 TOTAL: $776,000,000 r DETAILED FUNDING SCHEDULE (a) Local Grants to cities, counties, districts, and nonprofit organizations $166,000,000 (1) Per capita grants $120,000,000 (2) Urban recreation (Roberti-Z'berg-Harris) $20,000,000 (3) Special recreation districts $10,000,000 (4) Historical and archeological resources $11,000,000 (5) Trails $5,000,000 (b) Acquisition and development of natural lands (State Park Department) $338,700,000 (1) Acquisition of land for the state park system $98,600,000 A. Redwood State Parks 12,000,000 B. Anza-Borrego Desert State Park 5,000,000 C. Indian Canyons 19,000,000 D. Chino Hills State Park 7,000,000 E. Santa Susana Mountain Park Project 10,000,000 F. Castle Rock/Big Basin State Parks 2,000,000 G. Henry Coe State Park 3,000,000 H. Pescadero State Beach 1,000,000 I. East Bay Shoreline State Park 25,000,000 J. Mt. Diablo State Park 4,000,000 K. Little Frank's Tract 4,000,000 L. Delta Meadows Project 1,600,000 M. Robert Louis Stevenson State Park 2,000,000 N. Anderson Marsh State Historic Park 1,000,000 0. Yuba River and Malakof Diggings State Park 2,000,000 (2) State Park System $54,700,000 A. Acquisition (mainly within parks) 4,700,000 B. Coastal Resources Development 14,000,000 South Coast 8,000,000 Central Coast 4,000,000 North Coast 2,000,000 C. San Francisco Bay Development 3,000,000 D. Inland Resources Development 8,000,000 E. Lake and Waterways Development 2,000,000 F. Storm Damage 1,000,000 G. Volunteer Projects, 3,000,000 H. Stewardship 10,000,000 I. Historical Resources 5,000,000 J. Trails 3,000,000 K. Sno-Park 1,000,000 2 '(3) Grants to local agencies $185,400,000 A. San Diego County 30,000,000 San Dieguito River 10,000,000 Tia Juana River 10,1)00,000 Urban Canyons 10,000,000 B. Laguna Beach 10,000,000 C. Irvine Open Space 4,000,000 D. Riverside City 11,000,000 Citrus Heritage Park 10,000,000 Sycamore Canyon Park 1,000,000 E. Riverside County 2,700 000 Santa Ana River Trail 1,000,000 Lake Elsinore Trail 1,000,000 Hurkey Creek Park 400,000 F. Chino Agricultural Preserve 20,000,000 G. Los Angeles County 25,000,000 Baldwin Hills 10,000,000 L.A. Beaches Repair 10,000,000 Brea Heights Park 5,000,000 H. Santa Barbara Coast and Agricultural Lands 7,000,000 I. Monterey Open Space 2,000,000 J. Monterey County Agricultural Lands 4,000,000 K. Santa Cruz County Agricultural Lands 1,000,000 L. Pogonip Greenbelt (Santa Cruz City) 15,000,000 M. Peninsula Open Space District 10,000,000 N. East Bay Regional Parks 13,000,000 East Bay Parks 10,000,000 Walpert Ridge 1,500,000 Carquinez Shoreline 1,500,000 O. Marin County Open Space 5,000,000 P. Marin County Agricultural Lands 15,000,000 Q. Mt. Tamalpais 1,600,000 R. Vacaville Ridgeline Park 1,000,000 S. Davis Open Space 2,000,000 T. Sacramento County Waterways 6,000,000 U. Lake County Park 400,000 (c) Wildlife Conservation Board $81,300,000 1. Wetlands 38,000,000 San Francisco Bay 13,000,000 Inland 25,000,000 2. Monarch Butterfly Habitat 2,000,000 3. Tecate Cypress 4,000,000 4. Southern California Riparian Habitat 10,000,000 5. San Joaquin River 5,000,000 6. Brovelli Woods 300,000 7. Stanislaus/Tuolumne/Merced Rivers 2,000,000 8. Sacramento River 4,000,000 9. Feather River 1,000,000 10. Sonoma County wetlands 4,000,000 11. Napa County wetlands 2,000,000 12. Lake Berryessa wildife habitat 1,000,000 13. Hope Valley 4,000,000 14. Mattole River Watershed 4,000,000 3 (d) State Coastal Conservancy Acquisition, enhancement, restoration, preservation, and development of coastal and San Francisco Bay resources $58,000,000 1. General Expenditures, incl. Bolsa Chica, additional funds for Nipomo Dunes Area, and reimbursement from Santa Monica Moutains Conservancy for Circle X 34,000,000 2. Nipomo Dunes 10,000,000 3. Monterey Coast 1,500,000 4. San Mateo County Coast 8,000,000 5. Sonoma County Coast 4,000,000 6. Mill Creek (Humboldt County) 500,000 (e) Other agencies $82,000,000 (f) (1) Department of Fish and Game $17,000,000 A. Salmon 10,000,000 B. Trout & Native Steelhead 6,000,000 C. Marine Patrol Boats 1,000,000 (2) Dept. of Forestry (urban forestry) $5,000,000 (3) Dept. of Water Resources (urban streams) $5,000,000 (4) Santa Monica Mountains Conservancy $30,000,000 (5) Big Sur $25,000,000 Wildlife and Natural Areas Conservation Program.$50,000,000 4 TOTAL: $776,000,000 June 16, 1987 Honorable Mayor and Members of the Regular Meeting of Hermosa Beach City Council June 23, 1987 90 -Day Contract Extension with Community Transit Services, Inc. To Operate the Hermosa Commuter Bus (Ak- oNi Recommendation Staff recommends that the City Council take the following actions: 1. Approve a 90 -day extension of the Hermosa Commuter Bus contract. 2. Approve the elimination of the 6:15 a.m. run and the 4:06 p.m. and 5:31 p.m. runs of the Hermosa Commuter Bus service.., Abstract The current contract expires July 15, 1987. The 90 -day extension will enable Staff to investigate alternative ways to reduce costs of the Hermosa Commuter Bus while the commuter study is in progress. The elimination of the above runs would be an immediate step to reduce costs during the interim period to allow for unanticipated expenditures in FY 87-88. Background On November 13, 1986, City Council approved an interim contract for 6 months with Community Transit Services, Inc. for operation of the Hermosa Commuter Bus. On December 2, 1986, Rancho Palos Verdes City Council approved contributing funds to the commuter study. On January 13, 1987, City Council approved a draft Request for Proposal (RFP) to improve and expand the Hermosa Commuter Bus and examine other bus services in the area. On February 17, 1987, Rancho Palos Verdes City Council requested a revised RFP to incorporate a more comprehensive study of commuter services in the area. On March 10, 1987, City Council approved a, revised RFP to improve and expand commuter service along the coastal corridor. Analysis Paz -A) gok ?cvu,43 During the 90 -day contract extension with Community Transit Services, Inc., a more cost-effective interim commuter service _La -114 'Co 4A ('L) ? - 1 - ldd will be investigated and implemented until the commuter study is completed and a new service is implemented. During the interim period of this service, 3 runs are proposed to be eliminated. They are the 6:15 a.m. run, the 4:06 p.m. run and the 5:31 p.m. run. These runs have very low ridership and can be consolidated very easily into other runs without losing riders. By eliminating these runs, contract costs will be cut almost in half every month. The total cost for 3 months of existing service is $38,165; if these runs are eliminated, it is $19,500. CONCUR: Michael Schubach Planning Director Gre:ory T. Meyer Ci■ Manager NOTED FOR FISCAL IMPACT: Viki Copeland Finance Administrator 2 ResPectfully submitted, Lisa Breisacher Planning Aide 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXTENSION OF PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH, CALIFORNIA AND COMMUNITY TRANSIT SERVICES, INC. THIS EXTENSION OF AN AGREEMENT is made and entered into this day of June, 1987 by and between the City of Hermosa Beach, a municipal corporation of the State of California ("CITY"), and Community Transit Service, Inc., a California Corporation ("CONTRACTOR"). WITNESSETH Recital: 1. The CITY is the recipient of Proposition A Local Transit Return Funds. 2. The CITY has budgeted Proposition A Local Transit Return Funds to administer transit programs. 3. CONTRACTOR and CITY have previously entered into an Agreement on the 24th day of November, 1987. Said extension shall be from July 15, 1987 through October 15, 1987. The previous Agreement is attached hereto and incorporated herein by reference as "Exhibit 1". NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: A. CITY and CONTRACTOR agree to enter into an extension of the previous Agreement which is attached hereto as "Exhibit A". Said extension shall run from July 15, 1987 through October 15, 1987. The CONTRACTOR agrees to run a fixed -route transportation services. B. CITY shall pay $36.25 per vehicle service hour. C. The parties hereby agree that all terms consistent with this extension shall be extended throughout the life of the extension as found in the original contract which is attached - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 154 16 17 18 19 20 21 22 23 24 25 26 27 28 accordance with any competitive bid procedure initiated by the CITY. D. This Agreement and the underlying Agreement which is incorporated herein as "Exhibit 1" shall be the sole and only contract between the parties. Any other agreements regarding this matter shall not be binding upon the parties. If there is a conflict between this extension and the previous contract which is attached hereto as "Exhibit 1", this contract shall control. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. ATTEST: CITY CLERK APPROVED AS TY ATTORNEY 2 CITY OF HERMOSA BEACH A Municipal Corporation State of California MAYOR COMMUNITY TRANSIT SERVICES, INC. A California Corporation PRESIDENT r�) Q "EXHIBIT I" SERVICE AGREEMENT This Agreement is made this day of , 1986, by and between the City of Hermosa Beach hereinafter referred to as "CITY" and Community Transit Services, Inc., hereinafter referred to as "CONTRACTOR". WITNESSETH '.WHEREAS, CONTRACTOR has the management and technical -personnel, expertise, and other assets useful for the support of the CITY'S' Hermosa Commuter Bus and WHEREAS, the CITY is desirous of obtaining such services for said project for an interim period until a permanent contractor is hired; and WHEREAS, CONTRACTOR is desirous of providing such services; NOW, THEREFORE, in consideration of the foregoing recital and covenants and agreements of each of the parties herein set forth, the parties hereto do agree as follows: 1. Purpose: The CITY hereby contracts with CONTRACTOR to provide transportation management and operations services upon the terms and conditions hereinafter set forth. 2. Scope of Work: CONTRACTOR will provide the services to be rendered as set forth in Exhibit "A" (Scope of Work), attached hereto and by reference incorporated herein and made a part hereof, said Scope of Work is hereinafter referred to as Basic Services in this contract, or by proposal drafted by winning bidderas amended. 3. Contract Start: -The start of the Agreement shall be July, 15,1987.CONTRACTOR -._commenced service operations of CITY'S ax :Commuter Shuttle on November 24, 1986 and shall terminate with 'atleast 30 days notice from the CITY. 4. Maximum Obligation: The CITY agrees to pay CONTRACTOR in consideration for its services as described herein. The maximum price to be..paid .._by-.the..CITY`to._.CONTRACTORshall not exceed: 8 hours/day x $ - ./hour x .67 days± ($20 , 000) rfor services as set forth in Exhibit "A" (Scope of Work) for the term of the contract except as specifically provided in paragraph 14 entitled "Changes". 5. Price Formula: The CITY agrees to pay CONTRACTOR for performance of the services set forth in this Agreement as follows: a. Payment of a fixed rate of $36.25 per,vehicle service hour. Vehicle service hours will be computed by using the time each vehicle leaves the garage for its first route starting point each day and until such time as each vehicle returns to the garage at the end of each operational day and/or route excluding time for driver breaks. The hourly rate shall include vehicle operators' direct and indirect wages; vehicle operators' non -service wages; employees'. fringe benefits; overhead costs; bus washing and cleaning supplies; uniforms; report reproduction; dispatch office supplies; radio maintenance; oil;, project telephones; office; garage and parking facilities; and all other related operational costs. b. The CITY shall provide marketing, tickets, passes, brochures, and related collateral materials. 6. Invoices: CONTRACTOR shall submit invoices to the CITY as follows: a. Hourly costs shall be directly traceable by driver trip sheets and employee sheets, copies of which will be submitted with each monthly invoice to the CITY. b. Charges for extra services as authorized by the Agreement shall be billed monthly with charges and handling fees directly traceable to receipts, bills, etc., copies of which shall be attached to the invoice. Each such statement shall contain a certification that all amounts billed are in accordance with the Agreement. 7. Payment: All payments by the CITY shall be made in arrears, after the service has been provided. Payment shall be made by CITIES no more than thirty (30) -days from the CITY's receipt of invoice. If the CITY disputes any items on an invoice for a reasonable cause, the CITY may deduct that disputed item from the payment, but shall not delay payment for the undisputed portions. The amounts and reasons for such deletions shall be documented to CONTRACTOR within thirty (30) working days after receipt of invoice by the CITY. The CITY shall assign a sequential reference number to each deletion. Payments shall be by voucher or check payable to and mailed first class to: Accounts Receivable. • 8. Operating Revenues: All operating revenues collected by CONTRACTOR are the property of the CITY. Operating revenues include, but are not limited to, all fares, sales of tickes and passes, advertising sales, and rental of equipment. They shall be counted and kept separately under appropriate security. Once a week, or more frequently if so directed by the CITY, reports on the revenues collected and deposited shall be provided to the CITY. Any shortage in operating revenues are the responsibility of the CONTRACTOR. Such shortage will be deducted from the CONTRACTORS'S billings. 9. Extra Services: Extra services, such as a charter and promotional services will be provided by CONTRACTOR upon prior written authorization by the CITY's authorized representative at the hourly rate of $54.25. All extra services shall be provided in addition to basic services as defined in Exhibit "A and costs shall be treated as a change to this Agreement as defined under "Changes" and shall be in excess of maximum price defined as "Maximum Obligation" (paragraph 4) herein. 10. Control: • a. All services to be rendered by CONTRACTOR under this Agreement shall be subject to the control of the CITY. CONTRACTOR shall advise the CITY of matters of importance and make recommendations when appropriate; however, final authority shall rest with the CITY. b. The CITY shall not attempt to directly discipline or terminate CONTRACTOR employees. The CITY may advise CONTRACTOR of any employee's inadequate performance which has a negative 7 effect on the service being provided, and CONTRACTOR shall take prompt action to remedy the situation. In extreme case, the CITY may demand removal of a CONTRACTOR employee, and CONTRACTOR shall effect removal immediately. 11.. Management: During the term of this Agreement, CONTRACTOR shall provide sufficient executive and administrative personnel as shall be necessary and required to perform its duties and . obligations under the terms hereof. 12. Medical Assistance to Passengers: CONTRACTOR'S employees shall not be required to perform any medical or quasi -medical functions for passengers. In the event of a medical emergency, driver shall notify dispatcher immediately by radio. Dispatcher shall call 911 and direct medical/emergency services to location - of bus. 13. Uniforms: CONTRACTOR shall purchase uniforms for employees and shall require the employees to wear them. The design, type and logo of the uniforms shall be subject to CITIES' approval. 14. Changes: In the event of changes, the CITY shall promptly notify CONTRACTOR in writing by change order. Compensation in excess of "Maximum Obligation" shall be allowed for under "Extra Services" as defined in paragraph 9. Any changes in Basic services shall be subject to subsequent negotiation. Compensation for changes shall be in addition to the "Maximum Obligation". 111 0' c - -15.-Qualification for Future Contracts: As a result of having entered into this Agreement, CONTRACTOR shall not be in- hibited, penalized, or disqualified from bidding subsequent _transportation, management, and operation programs under the jurisdiction of the. CITY. 16.. Succession: CONTRACTOR shall not assign this Agree- ment, in -whole or in part, without the prior written consent of the CITY. - 17. Disputes: =---- a. Any controversy or claim arising out of or relating to the provisions of this Agreement, or the breach thereof, shall be settled by arbitration at the election of either party in accor- dance with the Rules of the American Arbitration Association and judgement upon the award rendered by the arbitrators may be en- tered in any court having jurisdiction thereof. The losing parties shall bear the cost of any arbitra- tion proceeding or judicial action commenced hereunder, such cost to include without limitation the arbitrator's fees, attorney's ""fees, incurred by the prevailing party, as well as other rea =onable costs incurred by the prevailing party. b. -The Federal Procurement Regulations shall be used where applicable to define, resolve, and settle procurement issues. 18. Stop Work: CITIES may stop work on CITY'stransporta- tion system upon forty-eight (48) hours written notice to CON- TRACTOR. The CITYshall be liable for all relevant costs incurred prior to the stop -work period and for restart, if any. The CITY shall be obligated for the costs of severance for personnel as- signed to CITY's Transportation system in accordance with the - published policy and procedures of CONTRACTOR. Additionally, the cost associated with operations and facilities close down shall be the obligation of the CITY. .CONTRACTOR shallmake all rea- sonable efforts to minimize costs to the CITY. 19. Termination: •a. The CITY mayterminate this Agreement upon -thirty (30) days' written notice to CONTRACTOR and shall be liable for hourly costs for operations during that 30 day period and all costs ref- erenced in Article 19.- In the event the Agreement'is terminated, all pertinent data prepared for the project shall be made avail- able to CITY . without additional cost. .-Should Proposition A funds become unavailable, CITY may terminate this Agreement immediately. _ . _ ._ b. -.1n -the event the CITY _-delinquent in paying CONTRACTOR by more than fifteen (15) calendar days and have received a statement by certified mail of the delinquency from CONTRACTOR, then CONTRACTOR may serve, by certified mail, a notice of its -- intent to suspend operations at least seven (7) calendar days subsequent to notice to -CITY.. If CITY does not correct the • • r • Y 1' delinquency orif the parties do not agree'to arbitrate the dis- pute under the provisions of this Agreement,.then CONTRACTOR maysuspend operations without further notice or penalty on the dateindicated on the notice. - 20. Communications:. All notices hereunder and communica- tions with respect to this Agreement shall be effective upon the mailing thereof by registered or certified mail, return receipt requested, and postage prepaid to the persons named below: . If to CONTRACTOR: Contract Administrator If to .CITY - Transit Coordinator City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 • 21. Information and Documents: All information, data, re- ports, records, maps, survey results as are existing, available, and necessary for carrying out the work as outlined in Exhibit A hereof, shall be furnished to CONTRACTOR without charge by the - CITY and CITY shall cooperate in every way possible in the car- rying out of the work without undue delay. -22. Proprietary Rights: All inventions, improvements, dis- coveries, proprietary rights, patents, and copyrights made by CONTRACTOR under this Agreement shall be made available to CITIES,.,- with no royalties, charges, or other costs, but shall be owned by CONTRACTOR. All manuals prepared by CONTRACTOR for use by CON- TRACTOR in other locales shall not be copied, disclosed, or released by CITY" or CITY's representative or participating organization without prior written con -sent of CONTRACTOR. Re- ports and manuals prepared by CONTRACTOR under this Agreement for specific use in the CITY -transit system shall become property of CITY. CONTRACTOR, -however, shall have the right to print and issue copies of these reports. CONTRACTOR may make presenta- tions and releases relating to the project. Papers and other formal publications shall be approved by CITY _ before they -are released. 23. Emergency Procedures: In the event of a major emergen- cy, such as an earthquake, or man-made catastrophe, CONTRACTOR shall make transportation and communication resources available to the degree possible for emergency assistance. If the normal line of direct authority from CITY'- is intact, CONTRACTOR shall follow instruction of CITY. If the normal line of direct au- thority is broken, CONTRACTOR shall make -,the best use of transportation resources following to the degree possible the direction of an organization such as the police, Red Cross, or National Guard, which appears to have assumed responsibility. Emergency uses of transportation may include evacuation of in- jured, and movement of people to food and shelter. CONTRACTOR shall be reimbursed in accordance with the normal "Price Formula" and "Payment" or, if the normal method does not cover the types' '"`'"z-' of emergency services involved, then on the basis of fair, equi- table, and prompt reimbursement of CONTRACTOR'S actual costs.., t.�..YSaJsN�.-�..�'3 :•i'siDo�FAL4.13fHli� If • Reimbursement for such major emergency service shall be over and .above "Maximum Obligation" of this contract. Immediately when the emergency condition ceases, CONTRACTOR shall reinstitute nor- mal transportation service. 24. Audit: CONTRACTOR shall permit the authorized rep- Yesentatives of CITY_.,. the U.S.. :Department. of Transporta- •tion,the Comptroller General of the -United States and the Cal- ifornia State Controllers' office, and the Los Angeles County Transportation Commission to inspect and audit all data and records of the contractor relating to performance under this Agreement. 25. Transportation Data Reporting: .CONTRACTOR shall report transportation data to CITIES in accordance with requirements of CITIES as specified in Exhibit "A". 26. Licenses: Any franchise or business license fees that- • -CITY might ordinarily require for operation in accordance with this Agreement are hereby expressly waived by CITY. . .27. Workers' Compensation: CONTRACTOR certifies that it is aware of the provisions of the Labor Code of the State of Cal- ifornia which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before com- mencing the performance of the work of this Agreement. --•28. Liability Insurance: Throughout the term of this -Agreement CONTRACTOR shall name CITY as an additional insured on a five million dollar combined single limit coverage General *and Auto Liability policy, covering all operations of the insured -or contractors or subcontractors or anyone acting on their behalf -under the contract whether=liability is attributable to the in- sured or the •.CITY:;. excepting sole negligence of the CITY (To include the elected officials, appointed officials, and em- ployees.)..Said Liability policy shall indemnify and save harm - •.less the CITY •against any and all claims, including but not limited to any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by CONTRACTOR. This hold -harmless assumption on the part of the underwriters shall include all costs of investigation and defense, until reasonable deter- -urination is made that the CITY= are solely negligent. CONTRAC- TOR shall provide evidence of such insurance policies. --Such policies may not be cancelled without 30 days written notice to CITY-. - '•29. Status of Firm and Liability: Firm is an independent contractor in all respects in the performance of this Agreement -and shall not be considered an employee of the CITY :; for any purpose.' No employee benefits shall be available to CONTRACTOR •in connection with the performance of this Agreement: - • . CITY rshall not be called upon to assume any liability for di- 'rect payment of•any salaries, wages, or other -compensation to an -CONTRACTORpersonnel or subcontractor -performing services Q Y .� ' `a s '- . , • • � � -'K� •� .i; cL,.. 3.�� i (f74.� -J� Y F . ;?l i.. .n ..rE 3i��.. ir� ..� 7:=..es t t u j r": :-� � :,'. ._,y'' i.. *- {t=..�.,y � � L• i. `rzta ✓a 1 '+: !+STM ••+�a+�+i.VJf s.du+`oi--..i cw .��i ifs. .`1..•L' .r• w'1 srX:..t—� :. ^_a -+•+- S.+S+F+K.k:_.4'1<s r 5511 11 • • c hereunder for CITY , or any liability other than provided for in this Agreement. • CITY shall not be liable for compensation or indemnity to any CONTRACTOR employee or subcontractor for injury or sickness aris- ing out of his/her employment, or for any negligent actions of CONTRACTOR or its employees. All persons employed in the performance of such services and • functions shall be employees of CONTRACTOR and, as such, shall not for any purposes be considered employees of -CITY and there- fore shall have no right to any CITY - service , civil service, or other CITY -status. 30. Nondiscrimination: a. In connection with the execution of this Agreement, CON- TRACTOR shall not discriminate against any employee or applicant' for employment because of age, race, religion, color, sex, or national origin. CONTRACTOR shall take affirmative actions to ensure that applicants are employed, and that employees are treated during their employment, without regard to their'age, race, religion, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotions or t-ransfer; recruitment or recruitment ad- vertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. b. CONTRACTOR shall also comply with the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and with all applicable regulations,:statutet, laws, etc., promulgated pursuant to the civil rights acts of the state and federal • government now in existence or hereafter enacted. Further, CON- TRACTOR shall also comply with the provisions of Sections 1735 of the California Labor Code. 31. Minority Business Enterprise: In connection with the performance of this contract, CONTRACTOR will cooperate with the • CITY in meeting any of CITY , commitments and goals with regard to the maximum utilization of minority business enterprises and will use its best efforts to ensure that minority business enter- prises shall have the maximum practicable opportunity to compete for subcontract work under this Agreement, 32. Cross -Hiring of Employees, Officers, Members:. a. -During the term of the Agreement, CONTRACTOR shall not hire any supervisory employee of CITY or former supervisory employee of .CITY- without prior written approval of CITY. ., 3�ac .,..-... .. ..,r .. r.�:2-� .wr. +n • .,a a,a.r,..'..�.tL.�:ri. �;.sa.:-„' Y'.'sTr�r6, CITIES shall not hire any employee or former. employee of CONTRAC- TOR without prior approval of CONTRACTOR. .Only former employees who have terminated their employment with one of the parties within one year prior shall be a "former supervisory employee" as referred to above. b . ' buring-the - hire any present or .Board member of the proval of the other term of thisAgreement, neither party shall former officer, shareholder, employee or other party without the express written ap- party. c. After the expiration ortermination of this Agreement, -- CITY - or CONTRACTOR' successor, *shall be permitted to hire any CONTRACTOR employee previously employed on this program. At that time, in hiring CONTRACTOR employee or a former CONTRACTOR em- ployee, CITY shall ensure and require that employment process fairly treat the ex -CONTRACTOR employee as a member of the - =general public with no discrimination, no waiver of job advertis- ing, no consideration of CONTRACTOR'S employee's seniority, and .no other privilege different from that accorded to members of the general public. �=•� 33. Prohibited Interest: No Board member, officer, or em- ployee of CITY during his/her tenure or one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. 34. Conflict of Transuortation Interests: CONTRACTOR shall not divert any revenues, passengers, or other business from CITY - project to any other transportation operation,of CONTRACTOR. • 35. Independent Contractor: Neither of the parties hereunder shall be deemed to be the agent, employee, partner, or -joint venturer of the other. CONTRACTOR is and should be an in- dependent contractor performing services under_ this Agreement for the consideration herein above set forth. .. -• Force Majeure: CONTRACTOR shall not be held respon- sible for losses, delays, failure to perform, or excess costs caused by events beyond the control of CONTRACTOR. Such events may include, but are not restricted to, the following: Acts of God; fire; epidemics; earthquake; flood; or other natural disas- ters; acts of the government; riots; strikes; war, or civil dis- order; unavailability of fuel or vehicles. - - - _ . _.._ 37. Headings: The headings or, titles to sections of this Agreement are not part of the Agreement and shall have no effect upon the construction or interpretation of any -part of this Agreement. -IN WITNESS-WHEREOF,.-ther parties hretohave caused this Agreement to be executed by and through their respective officers`+ thereunto duly authorized on the date written below their signatures. : -• . . .9 CITY OF HERMOSA BEACH MAYOR ATTEST: CITY CLERK APPROVED: CITY ATTORNEY DATE COMMUNITY TRANSIT SERVICES Walter R. L. Diangson Vice President • . ,..• • • ..• - • , • "EXHIBIT A" BASIC SERVICES (SCOPE OFYORK ) CONTRACTOR shall provide the necessary management and administra- _.��.� tive personnel whose expertise will assure efficient operation of the service specified herein. All Facilities, equipment,-. supplies and services required in the operation .of the 'HER- MAN -Commuter Bus transportation service will be furnished by CON- TRACTOR. Service shall be managed by CONTRACTOR in accordance- ' with the guidelines and parameters established herein andthe attachments hereto. CONTRACTOR shall strive at all times to provide service in a man - n er which will maximize productivity and at the same time provide: high quality passenger service. CONTRACTOR and CITY shall periodically meet to evaluate perfor- mance of the program. CONTRACTOR may be asked to recommend ser- vice improvement modifications for the Beach Cities Commuter Bus service. SUPERVISION Supervision of THE Hermosa Commuter Bus TRANSPORTATION PROGRAM day- to-day operations will be vested in CONTRACTOR. CONTRACTOR shall assign an individual to this operation, and said individual shall show by decision and action to be competent in all aspects of the • . Hermosa Commuter Bus TRANSPORTATION PROGRAM. The assigned individual or a designee selected by CONTRACTOR shall be available by phone or in person during all hours of the operational day to make decisions-- or provide coordination as necessary. ADVERTISING/PROMOTION CONTRACTOR shall provide distribution of advertising and promotional materials. CONTRACTOR shall make all materials available on board vehicles for any passengers using or desiring to use Hermosa Commuter Bus The CITY will coordinate with the CONTRACTOR and will provide or arrange to provide materials for use. TRAINING/SAFETY CONTRACTOR shall maintain on-going training procedures which will train and prepare all newly hired and current drivers, maintenance personnel, administration, management, etc. in a manner that conforms with all state and local laws and assures that CONTRACTOR'S employees will perform all obligations stated in this Agreement. A safety program shall be implemented by CONTRACTOR and appropriate manuals will be provided by CONTRACTOR to its personnel. The CITY is not responsible for driver training or the driving performance of drivers. If inadequacies are found in the performance of drivers, etc., the Lead Agency may request additional training be carried • out or that the employee removed from the Hermosa Commuter Bus project. PERSONNEL POLICY • • Upon request, CONTRACTOR shall supply CITY with CONTRACTOR'S . u p personnel policies including reimbursement policies for any sick pay, overtime pay, and wage scales. A list of current personnel shall be maintained. CONTRACTOR'S personnel policies shall be in conformance with state and federal laws. ACCIDENT REPORTING In the event of a traffic accident or a serious passenger incident, CONTRACTOR shall notify the CITY OF HERMOSA BEACH by telephone immediately and prepare all reports as may be required by the appropriate insurance company. Copies of accident reports shall be transmitted to the CITY no later than 24 hours after rthe incident occurs. All applicable state laws shall be complied with in the case of any accident. DATA COLLECTION/REPORTING Information concerning vehicle activities shall be collected for the Hermosa Commuter. Bus program and provided to the CITY on a monthly basis: Such forms are required by the CITY to fullfill requirements for Proposition A funds. An operations summary of each service day including passenger counts by CITY shall be maintained and transmitted in completed form to the CITY OF HERMOSA BEACH each month with the operations summary. A summary of each month shall be forwarded to the CITY OF HERMOSA BEACH designated representative(s) when complete. The monthly summary may be of CONTRACTOR'S design with approval of the CITY. Any and all missed trips will be recoreded and accompanied by an explanation. In no event shall the monthly summary reports be incomplete or unavailable to the CITY OF • HERMOSA BEACH later than ten (10) calendar days after the end of • the operating month. CONTRACTOR shallbe required to complete origin and destination of passengers on a daily basis. This monthly report shall include critique and evaluation of the system and service, along with , recommended corrective action when appropriate. Problems will be highlighted along with suggested solutions. The monthly report shall summarize the daily operations information and shall be forwarded within ten (10) days of the reporting month. ACCOUNTING J All costs incurred in furtherance of this Agreement shall be recorded in accounts separate from those used for other business activities and in conformance with the State of California, State Controller's Chart of Accounts for Public Transit Operators and. the Los Angeles County Transportation Commission's Proposition A Guidelines. All accounts will be available for inspection and/or independent audit at CITY'S election. LIAISON CONTRACTOR shall cordinate closely with the CITY OF HERMOSA BEACH on all commuter bus program matters and operations status. INVOICES The invoice for service rendered must follow a format provided by the CONTRACTOR but approved by the CITY OF HERMOSA BEACH and all relevant back-up documentation must be included with invoice for ''w that particular month. :=;:?. . .. OPERATIONS CONTRACTOR shall provide all personnel necessary to operate vehicles in service. Hermosa Computer Bus drivers must be knowledgeable on fares, equipment, passenger service requirements and the street network in the service area. CONTRACTOR shall be responsible for the mechanical conditions 'and cleanliness of all vehicles or any substitute or back-up vehicles. CONTRACTOR shall 'not assign any vehicle into service where the performance o.f a component part is likely to cause damage to other components, jeopardize public safety, or be contrary to the California Vehicle Code. CONTRACTOR shall not deploy any vehicle into service when its appearance is contrary to the .CITY'S standards.. The CITY may periodically inspect service vehicles during regular business hours. HOURS OF OPERATION/HOLIDAYS Service shall be based upon five (5) days per week operation. This weekday service is to be scheduled as follows: Weekdays: Monday - Friday:^ 6:30 a.m. - 8:30 a.m. - (morning L. run) and 4:00 p.m. - 6:00 p.m. (evening run) . There are six (6) holidays as designated by CITY each year when the service will not be in operation: New Year's Day, Memorial 4 4th of July, Labor Day, Thanksgiving Day and Christmas Day. No Saturday or Sunday service will be provided by the - Hermosa Commuter Bus Program. The Cities reserve the right to make ad- justments to the service schedule as needed. SERVICE AREA (Route Map Attached) The Hermosa Commuter Bus , will travel through the Cities of Hermosa Beach and Manhattan Beach into the El Segundo Employment area, as depicted in the attached route map. The CITY reserves the right to make changes in the service area as seen fit for fiscal, jurisdictional, geographic or passenger travel patterns, and -'for reasons of coordination with other area operators. SERVICE ADHERENCE If at any time during the period of the contract CONTRACTOR is found to be unable to complete the service schedule due to short- age of drivers or vehicles, or for other such reasons, CONTRACTOR shall notify CITY immediately. The CITY may then require the CONTRACTOR to find appropriate supplemental services or the CITY may elect to secure the necessary service elsewhere; in either case, replaced service shall be at the expense of the CONTRACTOR. VEHICLES r Service will be provided with CONTRACTOR -supplied vehicles. Vehicles supplied by the CONTRACTOR are subject to approval by the CITY . All vehicles shall be equipped with 2 -way radios for contact with dispatcher. Radios shall always be kept in good • to working order. All vehicles are to be in exceptional exterior and interior condition. Signage and paint may be negotiated upon award of this contract. Cost of signage and paint would be the responsibility of the CITY . Vehicles shall be of a quality attractive and comfortable to the commuting public. The CITY reserves the right to request and receive additional tripper service if necessary, within a reasonable time, from CONTRACTOR. Vehicles used for this service must be equipped with air conditioning and have comfortable commuter compatible rather than -standard transit seating. Vehicles shall be equipped with locked fareboxes to accommodate passengers paying cash. DISPATCH CONTRACTOR shall provide the personnel necessary to schedule and deploy drivers and vehicles in accordance with the Service Schedule. This activity will include the arranging of driver reliefs and replacement of failed vehicles when and if necessary. -A local telephone number must be available for communication between CONTRACTOR'S manager and the CITY OF HERMOSA BEACH. • `i FARES The CITY. has determined •that the fare will be fifty cents ($.50) one-way any place along the service route. Fares shall be collected by CONTRACTOR and paid to the CITY OF HERMOSA BEACH on a monthly basis. Monthly passes and multi -ride tickets may be developed by the CITY and operated by the CONTRACTOR. MAINTENANCE All maintenance and repair of CONTRACTOR vehicles must be completed to manufacturer's specifications or to normal repair standards, whether performed by CONTRACTOR or an organization subcontracting to CONTRACTOR. The CITY OF HERMOSA BEACH will be informed of all sub -contractors relating to the Hermosa Conunuter Bus Service. CLEANING Vehicle interior cleaning will be done on a daily basis. Vehicle exterior will be washed and scrubbed a minimum of two times per week, as well as after each rain. The CITY shall monitor - vehicles cleanliness. If vehicles do not meet mutually agreed standards, CONTRACTOR will have one (1) week to remedy the situation. After such time, the CITY may elect to have vehicles cleaned and deduct such charges from CONTRACTOR'S billings. DAILY -MAINTENANCE Drivers will inspect the vehicle prior to beginning daily service for noticeable defects. If the driver finds a problem with the vehicle, he/she will note the comments on an operator's defect report. Service inspection: prior to the "in-service" operation of any vehicle, all fluid levels must be checked, preferably by a ; 0,; r maintenance professional, and restored to proper levels. the operator's defect report must be inspected and appropriate +:«."-•..^�ii�il..�s:��^4%4taw°• .W�Yia'� i .+'i►:t ± :.f:.s:..�.3..ir `, -8- • L Yte.s •is,..r4..i t 6d.R-O action taken on items noted on this report prior to operation of the vehicles. Records of Daily Checkouts shall be maintained in compliance with California Highway PYatrol requirements. PREVENTIVE MAINTENANCE Preventive maintenance inspection shall be performed at tegular intervals. A final determination of intervals of maintenance inspection shall be made by the lead agency when executing the contract with selected operator. The work performed at each inspection shall be in conformance with work specified on ..the CONTRACTOR'S preventive maintenance inspection report. Records of preventive maintenance shall be in compliance with California Highway Patrol requirements. REPAIRS All repair work must be performed by maintenance personnel who have demonstrated experience and training in the work to be done. Maintenance personnel will have the necessary equipment and tools to perform any authorized work. If work is subcontracted, lead agency shall be informed of the subcontractor, as provided for in the section titled Maintenance. • PARTS and MATERIALS For purposes of this Agreement, gasoline (fuel), fluids, oils, lubricants, repair parts and software (nuts, bolts, springs, 9 - -ud,..dKv,`�•x...t......,..:..r.., �YF+el�'�'a:i�m'el.: e� Y '�fC' ,Y...,-��...r t;/.c� ::.�swS2.w:v=:c;.>w:..�.>....,. »ik�.: a :::w�'� F�i47-n t �` �` '��f 'na. a eai..1+ •�m5i,;att .s y bulbs, etc.) are part of the vehicle's operating costs and will be supplied by CONTRACTOR. ROAD CALLS and BACK-UP SERVICE •Y In the event of a vehicle failure while in service, CONTRACTOR shall deploy a back-up vehicle, immediately upon notification, to replace the failed vehicle. DATA COLLECTION and REPORTS The need for maintenance or repairs shall be collected on some >T type of a Trouble Card, Operator's Vehicle Defect Card, or Preventive Maintenance Card of the CONTRACTOR'S choosing. Once it has been established that maintenance or repair work is required, work must be completed in a timely manner. When work is complete, a useful description of the work performed will be documented in CONTRACTOR records and included in monthly operation summaries to the CITY. -Due to the short time frame to implement this interim service, , ' J the CITY.may/work with the CONTRACTOR during the fir t month of r operation to develop mutually acceptable peration,criteria and 1 a guidelines as'deined within the Scope of Work. bulbs, etc.) are part of the vehicle's operating costs and will be supplied by CONTRACTOR. ROAD CALLS and BACK-UP SERVICE In the event of a vehicle failure while in service, CONTRACTOR shall deploy a back-up vehicle, immediately upon notification, to replace the failed vehicle. DATA COLLECTION and REPORTS The need for maintenance or repairs shall be collected on some type of a Trouble Card, Operator's Vehicle Defect Card, or Preventive Maintenance Card of the CONTRACTOR'S choosing. Once it has been established that maintenance or repair work is required, work must be completed in a timely manner. When work is complete, a useful description of the work performed will be documented in CONTRACTOR records and included in monthly operation summaries to the CITY. t June 16, 1987 Honorable Mayor and Members of the Regular Meeting of Hermosa Beach City Council June 23, 1987 Nonconforming Use and/or Structure Interim Operating Ordinance and Status Report Recommendation Staff recommends the following: 1. The attached emergency interim operating ordinance be adopted .\,' ,� 2. The interim ordinance No.,- 87-883" now in effect be 3., Direct the Planning Commission and Staff to continue to study `. '�,./ the issue of nonconforming structures and/or uses and to consider making the interim ordinance a permanent ordinance. ?, _ , ,;��� ,,` ` I t I Background C~ •. `�, ��` vv ti...a Y `�1 '=wi u Jrtn l 1 n �� tl + .� On May 12, 1987, the City council adopted an interim ordinance concerning nonconforming uses and/or structures which were demolished more than 507e. The interim ordinance is effective for 45 days unless extended, and by State law, it is required that a status report be prepared prior to the end of the 45 day period; June 25th is the 45th day. discontinued. Analysis Current Interim Ordinance: This Ordinance has been in effect for over a month and has been implemented by the Building Department. According to the Building Department, this Ordinance is unenforceable and highly subjective. Applicants simply adjust what is being removed, e.g. electrical, plumbing, drywall, etc., until they reach the 507 formula. There is nothing to stop an applicant from replacing items at a later time. One example given, is an applicant who is proposing to gut the existing dwelling, to remove the entire roof, and to add a 1220 square foot second story to a 1272 square foot dwelling. Proposed Interim Ordinance: The Staff has contacted 13 cities concerning their nonconforming ordinances; these ordinances were found to be of little use. However, it was noted that most cities do not allow expansion to nonconforming uses; only structures are allowed and mainly residential structures only. This approach seems the most logical, especially in light of the City's density reduction ordinance. Anyone with more units than allowed will most likely opt to remodel and expand rather than demolish. The result will be circumvention of the density - 1 - 1 reduction ordinance. However, in regard to condominiums more study is necessary, since the question arises as to how can the City deny some of the owners their right to air space? Staff believes the proposed interim ordinance could be the permanent ordinance. Essentially, this ordinance will limit expansion to nonconforming residential structures only, and limit demolition to only those portions of the structure actually necessary for logical expansion. It also limits expansion to 507 of replacement cost of the existing structure; this method is being effectively used in Manhattan Beach. Remodeling of the existing structures is also limited as noted above so that entire dwellings cannot be gutted, leaving only exterior walls (also used in Manhattan Beach), and any expansion or remodeling will require that at least 2 parking spaces per unit be provided. Examples of 50% Valuation Formula Example 1: Expansion only Existing Dwelling Size: (X) Cost per Square Foot: Total Value: 507 of Value: Expansion Allowed: ($32,800 1-$ 65.60) Example 2: Remodeling & Expansion Existing Dwelling Unit Size: (X) Cost per Square Foot: Total Value: 507 of Value: Proposed 400 sq. ft. remodel @ $29.50 per sq. ft.: Proposed 300 sq. ft. expansion: Total Cost: UR: G— : ory . eyer Ci Manager CONCUR: William Grove Director, Bldg. & Safety 1000 square feet $ 65.60 $ 65,600 $ 32,800 500 square feet 1000 square feet $ 65.60 $ 65,600 $ 32,800 $ 11,800 $ 19,680 $ 31,480 (Cost under 50%) Re, pectfully b e MLi el Schubach Planning Director 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 87 - AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA TO PROHIBIT THE ISSUANCE OF BUILDING PERMITS FOR PROJECTS INVOLVING EXPANSION AND/OR REMODELING OF NONCONFORMING BUILDING AND/OR USES WHEN SAID PROJECTS ARE NOT IN COMPLIANCE WITH STANDARDS AND REQUIREMENTS SET FORTH WITHIN THIS ORDINANCE. WHEREAS, Sections 1300-1310 of the Hermosa Beach Zoning Code sets outs conditions and exceptions for nonconforming buildings and uses; and WHEREAS, the nonconforming sections referenced above have been interpreted to allow for the demolition of significant portions of structures while retaining the nonconforming status of the building; and WHEREAS, allowing reconstruction of a building in a manner which allows the property to retain its nonconforming status while circumventing existing planning and development regulations leads to continuation of the nonconformity for the life of the new reconstructed building which compounds any current parking, density, safety and other environmental problems caused by continuation of such nonconformities; and WHEREAS, Section 65858 of the Government Code authorizes the adoption of an interim ordinance as an emergency measure which can act to prevent injuries to the health, safety and general welfare caused by the continuation of nonconforming uses throughout the life of the reconstructed building. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Not withstanding any current zoning ordinance, the Intent and Purpose of this ordinance is to allow expansion to nonconforming residential structures in sound condition in a manner that does not ultimately result in significant removal of existing structures. Where a structure is significantly damaged by dryrot, termites, or similar damage and removal of significant portions of the structure is necessary or recommended, this - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20, 2 22 23 24 25 26 27 28 ordinance does not apply and expansion and/or remodeling is prohibited. Section 2: The following portions of the existing structure may be removed: A. When adding additional stories, portions of the roof as necessary may be removed. B. When adding to any side of a structure, walls may be removed to enlarge existing rooms, and/or to provide interior access as necessary for logical expansion of the existing structure. C. Removal of any other portions of an existing structure other than those noted in sub -sections A and B above shall require submittal of a demolition plan for review by the Planning Commission to determine whether the proposed plan meets the intent and purpose of this section. Section 3: Any proposed expansion shall comply with standards for the zone in which the structure is located. Section 4: Nonconforming structures may be expanded to a cumulative maximum of 50% of the replacement cost of the existing structure(s) as it existed on (effective date of ordinance) and as determined by the Building Department which shall use current Building Valuation Data provided by the International Conference of Building Officials (ICBO). Section 5: A nonconforming existing structure may be remodeled to a cumulative maximum of 50% of the replacement cost of the existing structure as it existed on (effective date of ordinance)and as determined by the Building Department which shall use current Building Valuation Data for the determination. Section 6: The cumulative maximum cost of both remodeling and expansion together shall not exceed 507 of replacement cost of the existing structure. Secti. 7: A minimum of 2 parking spaces per existing unit provided. Section 8: No building permits shall be issued for projects involving nonconforming residential structures without compliance with standards and requirements stated within this ordinance. Section 9: Nonconforming residential uses shall not be expanded.[ or shall any structural alterations be made except those required by law\ N\ Section 10: This ordinance shall take effect immediately upon adoption by a four-fifths (4/5) vote of the City Council of the City of Hermosa Beach and shall not apply to any building permit applications taken on or before this date. By this four-fifths (4/5) vote, the City Council also finds that this item constitutes an emergency situation under Government Code Section 65858. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Section 11: This ordinance shall be effective for a period of forty-five (45) days from today's date unless extended pursuant to the provision of California Government Code Section 65858. Section 12: The City Council shall draft a report for presentation to the public at its second meetin in July, 1987. Such report shall state what steps are being take by the City to correct the problems referenced in this ordinance and what steps are planned to be taken in the future to remedy the situation. Section 13: Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated in the City of Hermosa Beach, in the manner provided by law. Section 14: The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, shall make minutes of the passage and adoption thereof into the records of the proceedings of the City Council at which the same is passed and adopted. Section 15: This ordinance is not an attempt to prevent remodeling that results in conforming use. Section 16: This ordinance supercedes Ordinance 87-883, and Ordinance 87-883 is no longer in effect. PASSED, APPROVED and ADOPTED on this day of June, 1987. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY CLERK j2 �i' -,� / CITY ATTORNEY I 28 - 3 June 22, 1987 Honorable Mayor and Members of the Regular Meeting of Hermosa Beach City Council June 23, 1987 Adendum to Agenda Item 7, Nonconforming Use and/or Structure Interim Operating Ordinance and Status Report Recommended Alternatives Staff recommends the following alternatives if the City Council desires to modify Section 7 or 9 of the proposed interim ordinance: SECTION 7: "A minimum of two parking spaces per existing unit shall be provided as a condition of any structural alterations except those minor changes as determined by the Building Director as noted under Section 9." SECTION 9: Alternative A: "...except as required by law, and those considered to be minor in nature as determined by the Building Director; enlarged windows, door openings in interior and exterior walls are examples of such minor alterations; repairs and/or replacement to plumbing, electrical wiring, and similar work are not considered structural alterations." Alternative B: ""Nonconforming residential uses shall not be expanded." Background Because of some concern expressed by some Councilmembers, the Staff'has made several alternative recommendations in regard to prposed Sections 7 and 9. Analysis The alternatives noted above will allow some additional flexibility to the proposed ordinance. Two factors which should be considered in relation to the alternatives and the ordinance itself are (1) this ordinance is only the interim ordinance and (2) caution should be taken not to produce an ordinance which becomes an "open invitation" to remodel rather than rebuild to the current zoning standards, particularly with regard to parking and density. 1 SUPPLEMENTAL INFORMATION 1 Since this proposal is only an interim ordinance, Staff believes that it should "lean" to the conservative side. CONCUR: Gre;ory 2. Myer Cit Manag r William Grove Building & Safety Director 2 ' -s►ectfully = b... ted, Michael Schu•ach Planning Director 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 87-883 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA TO PROHIBIT THE ISSUANCE OF BUILDING PERMITS FOR PROJECTS INVOLVING NONCONFORMING BUILDINGS OR NONCONFORMING USES, DESTROYED OR DEMOLISHED TO THE EXTENT OF MORE THAN FIFTY (50) PERCENT OF ITS REASONABLE REPLACEMENT VALUE AT THE TIME OF ITS DESTRUCTION OR DEMOLITION BY FIRE, EXPLOSION, PERMIT AUTHORITY OR OTHER CASUALTY OR ACT OF GOD, OR THE PUBLIC ENEMY. _ WHEREAS, Sections 1300-1310 of the Hermosa Beach Zoning Code sets out conditions and exceptions for nonconforming buildings and uses; and WHEREAS, the nonconforming sections referenced above have been interpreted to allow for the demolition of significant J portions of structures while retaining the nonconforming status of the building; and WHEREAS, allowing reconstruction of a building in a manner which allows the property to retain its nonconforming status while -circumventing existing planning and development regulations leads to continuation of the nonconformity for the life of the new reconstructed building which compounds any current parking, density, safety and other environmental problems caused by -continuation of such nonconformities; and WHEREAS, Section 65858 of the Government Code authorizes the adoption of an interim ordinance as an emergency measure which can act to prevent injuries to the health, safety and general welfare caused by the continuation of nonconforming uses throughout the life of the reconstructed building. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 1. No building permits shall be issued for projects involving nonconforming buildings or nonconforming uses,destroyed or demolished to the extent of more than 507. of the reasonable replacement value at the time of its destruction or demolition by fire, explosion, permit authority or other casualty or"Act of God, or the public enemy. - Section 2. This ordinance shall take effect immediately upon adoption by a four-fifths (4/5) vote of the. City Council of the City of -Hermosa Beach and shall -not apply to any building permit applications taken on or before this date. By this four-fifths (4/5) vote, the City Council also finds that this item constitutesan emergency situation under Government Code Section -65858.1_ Section 3. That this ordinance be effective for a period of forty-five (45) days from today's date unless extended pursuant to the provision of California Government Code Section 65858. Section 4. That the City Council shall draft a report for presentation to the public at its second meeting in June, 1987. Such report shall state what steps are being taken by the City to correct the problems referenced in this ordinance and what steps are planned to be taken in the future to remedy the situation. Section 5. That prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordiance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated in the City of Hermosa Beach, in the manner provided by law.' • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 6. That the City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, shall make minutes of the passage and adoption thereof into the records of the proceedings of the City Council at which the same is passed and adopted. Section 7. This ordinance is not an attempt to prevent remodeling that results in conforming use. PASSED, APPROVED AND ADOPTED ON THE 12TH DAY.OF MAY, 1987 PRESIDENT OF THE CITY COUNCIL AND MAYOR OF THE CITY OF HERMOSA BEACH, CALIFORNIA ATTEST: CITY CLERK APPROVED AS TO FORM: Honorable Mayor and Members of the City Council June 12, 1987 City Council Meeting June 23, 1987 HEARING TO REVIEW DELINQUENT REFUSE CHARGES FOR CONSIDERATION OF PLACING SAID CHARGES ON THE TAX ROLLS AS A SPECIAL ASSESSMENT. RECOMMENDATION It is recommended that the City Council: 1) Receive testimony from affected property owners regarding their delinquent refuse bills. 2) Direct staff to return with a resolution listing delinquent refuse bills which remain ten days following this hearing for the purpose of submitting said charges to the county assessor for inclusion as a special assessment against the parcel. BACKGROUND This hearing is required pursuant to Section 27A-8 of the municipal code before delinquent refuse charges can be included as a special assessment with the tax bill. ANALYSIS The attached listing of properties constitutes those that Browning Ferris Industries reports were delinquent with refuse payments as of April 30, 1987. Notices were sent to affected property owners advising them of the opportunity to appear before the Administrative Appeals Board to dispute unpaid charges at a meeting held on June 10, 1987. The attached listing represents those properties which remain delin- quent following that meeting. The Administrative Appeals Board recommends that the properties remaining on the list have the delinquent charges added to the tax bill as a special assessment. Notices were sent to the property owners onthe attached listing advising them of the opportunity to appear before the city coun- cil at this meeting to dispute the unpaid charges. Staff will return to the council with a resolution listing delin- quent charges which remain ten (10) days following this hearing. The resolution will direct the assessor to place those charges on the appropriate tax bill as a special assessment. Concur: Respectfully submitted, A._ _, William Grove Director, Bldg. & Safety Grego4T. Myer Cite, Mana er - 2 ,5 1, 19 3 ,f 27 50 ,1 1, I/ 20 21 11 24 '5 1, 22 11 v AKERLUND,FRED E&KAY R ASHBAHIAN,SILVANA F BERRIDGE,ROBERT A BIJAKIIAN,KRIKOR BROCKSCHMIDT,EDWARD H III BROWN, GEORGE AND ROCHELLE C C/0 CHARLES KAUFMAN CAIN, DORIS R CARREY,JEAN E AND COWELL,RICHARD ERICKSON,PATRICIA B ESSIG PERLOW FREDERICK,BRADLEY FREDERICK,BRADLEY W AND GARDINA,RODERT M GERAGHTY,JAMES GESSEL,ANN AND GOLDSMITH, WESLEY R AND MARY M HAAS,CLARENCE SR AND DOROTHY L HEALY,DONALD L HOLGATE,GEORGE J HOOKER,PAUL T KINEL,BRIAN E KOENIO,MARGARET K KRAMER,WILLIAM LITZINGER,NORBERT C AND MALTBY, DARWIN W MARCO, AL MARK KAVANAUGH MAY, MARVIN MC CUISTION,ANASTASIA MCCAUL,ARTHUR 13 AND MCKEOWN, KENT • MOLINA,YOLANDA T AND • NOBLE,JOE B AND BETTY C TRS O'CAIN,MABEL AND PAYNE,BARDARA B TR PERSONIUS,DONA PETTYJOHN,CAROL 01793 VALLEY PARK A 00110 THE STRAND 00342 ARDMORE 00815 15 ST HERMOSA DEACH•CALIF HERMOSA BEACH C HERMOSA BEACH CA 00316 PALM DR 15243 VANOWEN ST 04455 TORRANCE BLVD RM 152 00133 030 S 02314 STRAND 02813 BENTLEY AVE 00551 002 00233 00632 013 01534 01867 01031 00000 00722 00228 01121 017 01825 01411 0125 00646 01216 0220 00000 00000 05233 00541 00068 00545 50040 L♦, JIlS/J Pk 37.84; „1 D 3Lfl R T• �I13,4�� SL.7o `, J. 74.25. , Zs,95 37.80" �18At?�, 1st 56,401" 58.ZI I,; ro _I8.9D;; 35_iy� _8.94711 T, �>ss.9gn i 8.941' 10557'° 75..&tP" 1Y•h3„ ¢D 145. 80'" 1.4,25" 74 zs " 90254-0000 4183022010_713_ kf1LLEy A 90254-0000188Q03037%JO L 90254-0000 4188029039 (e.. 4 S 90254-0000 4185006018 8 25 J 5 fil ST. EACH CA 90254-0000 4188008008 31(., PALM 91405-0000 4182005008 1_1 2.167 G 90503-0000 4186029020 123 O_I 'r 5 CALIF 90254-0000 4181029012 133 307" 90254-0000 4188004008 90064-0000' 418800302913(. STRAND CA 90254-0000.1.88025005 SSI SND ST__. 92075-0000 418701404882j t.A(�b 4187030017 /p3Z.LoHP 0 4187011019 1305 LOM 41850200071534 ,_ 60L•DPN 4188009021_ 203 . n ON TE2Ei 4186020014 IO31 414 4184011019 4715 IS Tµ_51, 4187028008 722 `I ?A S. 4188028045 /2,7 2 D s7 0 4160031016 1 221.8 TK S1._ 4184007024 _J I ZI t9 M Sf,_ 00 4185023008 1723 voLDEN 4183009018 13-5_ 14AN�JATTAN 4185010019 1411 _ P�OsPEcr 00 4185014039 1257 04)11N)E 4188027021 Lyi.. jsT-S-(. 4186023003 Iz o '�°D $T 00 4183022018 53 ZDT' 51". 00 4188031013 1 11�-S7 Jr 4184011027 1829 HILLLREST 0 4186013001 814 -j ti'(+ 57. 4188026006 S 41 3�b s7. 4183003011 14-m- ST 4182020013 2144 f1O141E Y 418202,8016 1465 2ST'{ST. 4183013076 1X129__MANHn1rM 4185008007 $ 2'7 14-" S'T 4187008039 B 4 5-6 r•'f UI E tJ HERMOSA BEACH CA HERMOSA B VAN NUYS CA , TORRANCE CA T HERMOSA BEACH HERMOSA BEACH CALIF LOS ANGELES CA ST HERMOSA BEACH SOLANA BEACH CA HERMOSA BEACH CA DR HERMOSA BEACH HERMOSA BEACH, CA HERMOSA BEACH CA ST HERMOSA BEA LOS ANGELES, CA HERMOSA BEACH CALIF HERMOSA BEACH CA POMONA CA HERMOSA BEACH CALIF AVE HERMOSA BEA HERMOSA BEACH CALIF HERMOSA BEACH CA E BRAE S HERMOSA BEACH C HERMOSA BEACH CALIF HERMOSA BEACH CA HERMOSA BEACH CA REDONDO BEACH CA HERMOSA BEACH CA E YORDA LINDA HERMOSA BEACH CA HERMOSA BEACH CA HERMOSA BE OAKHURST CA HERMOSA BEACH CA ROLLING HILLS REDONDO BEACH C S HELIX LOMA DR OS LOMA GOLDEN AVE VALLEY PARK 004 3387 M00RE A 009 ST 8 ARDMORE AVE INDIAN HILL 13 19 ST 29 GOLDEN MANHATTAN AVE PROSPECT AVE 9 DONNI 001 ST 003 ST 0 PACIFIC COAST P 0 130X 437 P 0 BOX 576 LUPIN ST 003 ST 014 ST 21 ST LOCUST 90254-0000 CA 90254-000 90254-0000 90254-0000 CH CA 90254-0000 90066-0000 90254-0000 90254-0000 91767-000 90254-0000 CH CA 90254-00 90254-0000 90254-0000 A 90254-00 90254-0000 90254-0000 90254-00 90277-00 90254-0000 CA 92686_000 90254-0000 90254-0000 BEACH CA 90254-00 93644-0000 01632 STRAND LD A AND ALVA M 00064 BUCKSKIN LANE L 02313 ARTESIA BLVD 90254-0000 EST CA 90274-0000 A 90278-0000 PETTYJOHN,CAROL L PLUNKETT,TROYE PLUNKETT,TROYE M POST, GARY L PROFT,EDDY 0 AND RICHARDSON,DANIEL D AND ROBERTSON, CHARLES W,JR AND RDDRIGUEZ,ISABEL RODRIGUEZ,WILLIAM AND MARTHA A SARGENT,SCOTT H AND SCHOLNICK,LEROY AND NA OLA AND JERALY SMITH,JAMES W AND MIYAKO STEMIG,ELWIN J AND PATRICIA A STEVENSON,JOHN AND STRATTON,LENORE J AND STROYKE,ROBERT G AND VIVA THELANDER,ROGER A TROTTER,ELAINE M TROTTER,OSCAR F TROUP,KENT G ULLMAN,LAWRENCE J WILLIAMSON,RONALD YOERN,MARY B DECD AND 00336 THE STRAND 00423 30 ST 00423 030 ST 00226 PALM DR 02635 BELAND BLVD 00645 001 PL 01951 MANHATTAN 00218 028 ST 00249 PASEO DE 02008 RHODES OLA 00131 1 CT 02593 GLENDOWER 01018 002 ST 00900 LOMA DR 02309 PACIFIC COAST NO 00434 DAYVIEW DR J 03205 THE STRAND 02216 . HERMOSA- AVE 00000 P 0 BOX 252 01819 MONTEREY BLVD 00031 JANE ST 01835 MANHATTAN AVE 00664 26TH 00325 26 ST HERMOSA BEACH CA HERMOSA DEA HERMOSA BEACH CA HERMOSA BEACH CA REDONDO BEACH CA HERMOSA BEACH CALIF HERMOSA BEACH CA HERMOSA BEACH C REDONDO BEACH CA HERMOSA BEACH CA HERMOSA BEACH CA J1 90254-0000 CH CA 90254-0000 90254-0000 90254-0000 90277-0000 90254-0000 90254-0000 CALIF 90254-0000 90277-0000 90254-0000 90254-0000 AVE GRAN AVE LOS ANGELES CA HERMOSA BEACH CA • HERMOSA BEACH CA • 203 HERMOSA BEACH CA HERMOSA BEACH CA HERMOSA BEACHCALIF HERMOSA BEACH CA HERMOSA BEACH CA HERMOSA BEA NEW YORK N HERMOSA BEACH CALIF MANHATTAN BEACH CA HERMOSA,•BEACH CA AND EST OF APT SF 85.951,+ 56.90'" 4188006003 33i, •STJ11 {p�,�(7D.It 4181009011 4 21 3074 ST. 223,ZDI 4181009008 N14�i1{� 31 1S7 11 MZ_65 4186008018 27(0 PAL►'1_;5_10 4187009021 IDL11 r DMTEQEY 1<,I.28 4188022034 0-15 131 P!...._ _1 101 4182008005 1951 i`IAN )}/t7TA1•[ 1.13 _4D 4181023005 . 2.ig 28 ±* ST 3'7.,.. , 4186016007 333_5r1* 57 7.5, 60' 4160024016 3 go NOLIOWELL_3q,_2�'_ 41880174044 sf _.T. 5(0.96 4181007003 t•{ D 2`i 5T. 14��n 90027-0000 90254-0000 4186027004 JOIA ZN" ST 355, 90254-0000 4187017014 900 LOg]_4.25. 90254-0000 4188005012 _141__5__ _"..S(c�70 90254-0000 4188010049 434 _DAYVIr uJ s1tLDO CAL 90254-0000 4181035010 32,05 STRAND 18.90 90254-0000 4182010004 ?ZI(o._I+ oS�i. 37,80_ 90254-0000 4188021019 151 EDMORE�,l1p�„ CH CALIF 90254-0000 4183015016 1319 r`IDNn..1 Y (72.,46," Y 10014-0000 4161028012 123 I 90254-0000 4183009015 I t35?179 Flwl 90266-0000 4188030005 6215 (o -T'+ S?. I'90 „ 90254-0000 .4181024024 3-a---T6-"r-377--27.8.0" 20 1, n 27 I, 21 1. Sec. 27A-8. Mandatory collection fee. (a) In order to protect the health, safety and welfare of the • residents of the city, the charges (including bin rental where applicable) for collection of garbage, rubbish and other refuse shall be billed in advance either by the city or its franchisee to • each owner(s) of record of all premises where refuse is produced ' or generated. Said billing shall be in the manner and frequency as established by the city either by resolution or by contract with its franchisee. The city may adopt such billing and collection procedures as are deemed necessary and appropriate. (1) If an owner of record fails to pay a service bill by the date set by the city council by resolution establishing such pro- cedures or by contrast with its authorized franchisee, the owner of record will be sent a notification of such delin- quency which shall include a penalty fine of ten dollars ($10.00), and the owner of record .shall be assessed an additional ten dollars ($10.00) penalty fine for every suc- ceeding thirty (30) days of delinquency. Said notification shall be sent by the franchisee. • (2) Each successive billing period established above shall in- clude the accumulated unpaid charges on a delinquent account for collection and disposal of refuse, as well as the accumulated penalties. Those owners of record who receive such notice shall not invalidate any action taken by the franchisee or city under this section.- • - '• - (3) Should the owner of record fail or refuse to pay the fee , assessed foic collection of garbage, rubbish or other refuse as provided in this section, the individual in charge of such collection shall advise the city manager of such refusal. The failure to pay would, except for the provisions hereof, Supp. No. 9-86 332.34 • § 27A-8 SANITATION, GARBAGE AND REFUSE § 27A-8 result in the noncollection of garbage, rubbish or other refuse, which condition the council determines and declares would be a threat to the public health, safety and welfare and which condition, if permitted to exist, is declared to be a public nuisance. In the event of nonpayment, the city manager shall direct the contractor or franchisee to con- tinue to provide service, and the past -due billings; includ- ing penalties and expenses and charges for collecting such billings, shall be assessed against the property as provided in this section. The franchisee shall continue to collect garbage, rubbish and refuse in cases of nonpayment when directed to do so by the city manager. (4) All costs incurred in collection of unpaid charges shall be recoverable by the city and charged against -the property from which the garbage, rubbish or refuse was collected. (5) The city manager shall direct a notice to the property owner where unpaid charges are pending, at the address shown on the latest tax roll, setting a date, time and place for a hearing before the administrative appeals board of the city at which the board shall review all unpaid charges and make a recommendation to the city council whether such charges should be charged against the property. The city manager shall thereafter direct a notice to the own- er(s) of record where unpaid charges are pending, setting a date, time and place' -for a public hearing before the city council at which the administrative appeals board's rec- ommendation shall be considered and all unpaid charges shall be reviewed. Any property owners shall have the right to appear at the public hearings before the adminis- trative appeals board and before the city council. (6) At the conclusion of its public hearing, the city council shall determine and approve, as an assessment against the property, all past -due billings and penalties due to the date of said hearing, together with the costs incurred in collect- ing the unpaid charges. If the total assessment determined and approved by the council is not paid within ten (10) days after the determination by the council, the delinquent account shall be submitted to the county assessor for in - Supp. No. 9-86 332.35 § 27A-8 -- HERMOSA BEACH CITY CODE § 27A-8 clusion as a special assessment against the parcel. The assessment shall be collected at the same time and in the same manner as county taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and en- forcement of county taxes shall be applicable to such spe- cial assessment. Honorable Mayor and Members of the Hermosa Beach City Council June 18, 1987 City Council Meeting of June 23, 1987 MODIFICATION TO PAGE 11 OF PROPOSED SEWER CONNECTION ORDINANCE Attached is a revised page 11 of the Ordinance. The revision adds a Section 4, PUBLICATION. This allows for a condensed printing of the ordinance adoption in the Easy Reader, thereby saving considerable printing expenses. ---1—vikiisiL Gre:or T.yer I Cit, Mana�er cc Public Works Director City Clerk SUPPLEMENTAL INFORMATION 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 said charge; however, the amount retained shall not be less than ten dollars ($10.00), nor more than one ilMindred dollars ($100.00). SECTION 3. EFFECTIVE DATE. This ordinance shall become effective and be in full force within the time periods prescribed by law. SECTION 4. PUBLICATION. That the City Council does hereby designate the City Attorney to prepare a summary of this ordinance to be published pursuant to Government Code Section 36933(c) (1) in lieu of the full text of said ordinance. That prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause the summary to be published in the Easy Reader, a weekly newspaper of general circulation, published and circulated in the City of Hermosa Beach. SECTION 5. CERTIFICATION. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this day of 1987. PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach, California. ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY Law Offices of James P. Lough JAMES P. LOUGH June 2, 1987 CITY OF HERMOSA BEACH MEMORANDUM 1605 WEST OLYMPIC BLVD. SUITE 9018 LOS ANGELES, CALIFORNIA 90015 (213) 381-6131 K REGULAR CITY COUNCIL MEETING OF JUNE 9, 1987 TO: Mayor and Members of the City Council r 7/N FROM: James P. Lough, City Attorney RE: Proposed Ballot Measure for an Ordinance Requiring an Additional Assessment and Collection of License Tax on New Residential Contruction RECOMMENDATION: It is recommended that the City _Council approve the placement of the attached ordinance on the ballot for the November election. BACKGROUND: The reason this measure would have to be placed on the ballot is due to the recent changes brought about by Proposition 62. Proposition 62 requires that all taxes, newly imposed, be approved by a majority of the voters of a community. Under the changes brought about by Proposition 13 and its predecessors in the California Constitution, the tax in question would not be a special tax, but rather a general tax, and, therefore, subject to a majority vote of the people. ANALYSIS: This proposal was developed with several Council goals in mind. First, the Council has pursued a vigorous policy of limiting residential development and new construction within the City. To pursue this goal, the Council is engaged in a program of downzoning and imposition of moratoriums to stop perceived problems while more restrictive legislation is considered by the Planning Commission. The proposed ballot measure here is based on another tactic to accomplish the same goals. One of the prime Council goals is financial stability for the City. The placement of a residential construction tax on all development within the City would accomplish both purposes. First, it would slow development since the three percent (3%) tax would inhibit residential development. Second, it would give the City a source of revenue which is not dependent upon existing residents. The new tax could be used to meet infrastructure needs, through the general fund, placed on the City by new residential development. The proposal in question only taxes residential expansions or increases in density. If a developer were to tear down two gl/SR0609A REGULAR CITY COUNCIL MEETING OF JUNE 9, 1987 TO: Mayor and Members of the City Council FROM: James P. Lough, City Attorney RE: Proposed Ballot Measure for an Ordinance Requiring an Additional Assessment and Collection of License Tax on New Residential Contruction houses and put up two, he would receive a credit for the value of the two homes removed. However, any additional dwelling units would have to pay the full tax which is based upon 3 percent of the building valuation of the additional dwelling units. One important element of this program is that the City Council has the ability to make exceptions or waive the tax in the case of low income housing. This is an extremely important provision which would allow the City to implement the General Plan in a manner which meets the regional needs for fair and equitable housing within the City boundaries. CONCLUSION: This proposal meets two purposes. First, it will restrict residential development or require that development to pay for itself in any improvements needed to service that development. Also, the proposal will help add stability to the general revenue fund with a tax that will increase based upon inflation. This is of extreme importance for the City in order to protect the City from future decreases in the rate of sales tax increases which will probably occur over the next several years. Respectfully submitt7 JPL/gp Enclosure cc: Gregory T. Meyer, City Manager gl/SR0609A -2- ES P. LOUGH, City •F orney CITY OF HERMOSA BEACH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ..,.19 20 21 22 23 24 25 26 27 28 PROPOSED ORDINANCE NO. 87 - ORDINANCE OF THE CITY OF HERMOSA BEACH SUBMITTED TO THE VOTERS BY THE CITY COUNCIL REQUIRING THAT AN ADDITIONAL ASSESSMENT AND COLLECTION OF LICENSE TAX BE PLACED ON NEW RESIDENTIAL CONSTRUCTION The people of the City of Hermosa Beach do ordain as follows: SECTION 1. That Chapter 30 (Taxation) of the Hemosa Beach Municipal Code be amended by adding Article VII which shall read as follows: Section 30-65 Purpose and intent. The People of the City of Hermosa Beach declare that the license taxes required to be paid hereby are assessd pursuant to Section 37101 of the Government Code of the state of California and the taxing power of the city and solely for the purpose of producing revenue. This chapter is not adopted for regulatory purposes. The continued development of the city, with the consequent increase in population and in the uses of public facilities, has imposed increased burden and requirements for such facilities, including but not limited to parks, major streets, traffic signals, sewers, storm drains and public buildings. The necessity for such facilities results from new construction. The need for such facilities cannot be met from existing city revenues. The most practical and equitable method of raising city revenue is to impose a tax upon new residential construction in the city. Section 30-66 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: (1) "Mobile home space" means each space, area or building, in a trailer park or mobile home park or other place, designed or intended as a place to accommodate any mobile home, trailer, van, bus or other vehicle or mobile struc- ture, at a time when the same is being used as living or sleeping quarters for human beings. (2) "Person" includes every individual, firm, partnership, joint venture, association, trust, corporation or any other group engaging in construction activities itself or through the services of any employee, agent or independent contractor. /// L5/tax -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 30-67 Imposition of Tax --Amount (1) In addition to any other fee, license or tax required by this code, every person constructing or causing to be constructed or erected any residential building or structure in the city for which a building permit is required, shall pay a license tax in the amount of three (3%) percent of the valuation of the residential building or structure estab- lished by the building official pursuant to this code for determining the building permit fee. (2) The developer of a mobile hime park shall pay a license tax fee of one thousand one hundred and fifty dollars ($1,150) for each mobile home space. The license tax for mobile home spaces shall be automatically increased or decreased on January 1st of each year by the same percentage as the percentage of increase or decrease in construction costs between December 1st of each of the two immediately preceding years, for which purpose construction costs and the increase or decrease therein shall be based on the Engineering News - Record Construction Cost Index. (3) For the alteration of or addition to residential structures or mobile homes parks, the license tax shall be computed only on the valuation of addtional dwelling units or mobile home spaces, if any, resulting from the alteration or addition. Section 30-68 Credit. A credit toward the license tax imposed by this chapter may be given if a public facilities fee has been paid pursuant to Hermosa Beach Zoning Code Article 15.5, Development Agreements, in satisfaction of an obligation under a public facilities fee agreement for the building or structure. The amount of the credit shall be the amount of the fee paid. Section 30-69 Time and place of payment. The license tax imposed pursuant to Section 30-67 shall be due and payable at the Office of the Director of Building and Safety, City Hall, Hermosa Beach, California, upon issuance of the building permit. The tax for a mobile home space shall be paid prior to the issuance of the first permit for the construction of such space or if such con- struction is performed without a permit, at the time when construction is commenced. No permit shall be issued until the tax is paid. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 30-70 Refunds. If a permit for construction work expires or if such permit is revoked and if within thirty days following the expira- tion or revocation date of the permit the permittee files written application for a refund of the entire tax paid, there shall be a refund of the entire tax paid. There shall be no refund if any construction work has been performed nor shall there be anuy partial refund. In the event of a refund, it is unlawful for any person to proceed in any way with further construction without first applying for another building permit and paying the tax imposed by this chapter. If no refund is made and a permit expires after work has been performed, a new building permit shall be required and the tax imposed by this chapter shall be paid; provided, however, a credit shall be given not to exceed the tax paid in connection with the expired permit. Section 30-71 Disposition of Proceeds. Funds from this tax shall be placed in the general fund and shall be available for general governmental purposes. Decisions on the expenditure of such funds shall be made by the city council in the context of approval of the city's annual operating and capital improvements budget or at such other time as the council may direct. Section 30-72 Exceptions. There is excepted from the tax imposed by this chapter, the following: (1) The construction of a building or structure or mobile home space which is a replacement for a building or space being removed from the same lot or parcel of land. The exception shall equal but not exceed the tax which would be payable hereunder if the building being replaced were being newly constructed. If the tax imposed on the new building exceeds the amount of this exception, such excess shall be paid; (2) Accessory buildings or structures in mobile home parks, such as a club house, swimming pool, or laundry facilities; (3) Buildings or structures which are clearly accessary to an existing use such as fences, pools, patios and automobile garages; (4) Additions to existing single-family or two-family resi- dential structures, provided the addition does not create a new dwelling unit or economy dwelling unit as defined by the Uniform Building Code; -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (5) The city council may grant an exception for a low cost housing project where the city council finds such project consistent with the housing element of the general plan and that such exception is necessary. In approving an exception for low cost housing, the city council may attach condi- tions, including limitiations on rent or income levels of tenants. If the city council finds a project is not being operated as a low cost housing project in accordance with all applicable conditions, the tax, which would otherwise be imposed by this chapter, shall immediately become due and payable. Section 30-73 Exemptions There is excluded from the tax imposed by this chapter: (1) Any person when imposition of such tax upon that person would be in violation of the Constitution and laws of the United States or the state of California; (2) The construction of any building by a nonprofit corpora- tion exclusively for religious, educational, hospital or charitable purposes; (3) The construction of any building by the city of Hermosa Beach, the United States or any department or agency thereof or by the state of California or any department, agency or political subdivision thereof. Section 30-74 Construction prohibited. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, make, put together or convert any building or structure in the city, or attempt to do so, or cause the same to be done, without first paying the tax imposed by this chapter. Section 30-75 Tax Liability; Enforcement. The taxes imposed by this chapter are due from the person by or on behalf of whom a residential, industrial or commercial building or mobile home space is constructed, whether such person is the owner or a lessee of the land upon which the construction is to occur. The director of building and safety shall collect the tax due hereunder. The full amount due under this chapter shall constitute a debt to the city. An action for the collection thereof may be commenced inthe name of the city in any court having jurisdiction of the cause. The city manager shall be responsible for the administration and enforcement of this chapter. His decisions may be appealed to the city council whose decision shall be final. -4- 1 2 3 4 5 6 7 8 9 10 11 12 1 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 30-76 Effective Date. The taxes imposed by this chapter shall be applicable with respect to building permits for residential construction activities, issued on or after January 4, 1988. SECTION 2. If any section or portion of this initiative ordinance is declared invalid by a court of proper jurisdiction, the remaining sections or portions are to be considered valid. SECTION 3. There shall be no modification, amendment, or repeal of any provision herein except by a vote of the people. ATTEST: KATHLEEN MIDSTOKKE, CITY CLERK APPROVED AS TO S P LOUGH, C L5/tax -5- Honorable Mayor and Members of the City Council (n S �`V jai► May 28, 1987 City Council Meeting of June 9, 1987 TATUS REPORT REGARDING THE PARKING OF RECREATIONAL VEHICLES ON CITY STREETS Cbt4et, JAI Recommendation: It is recommended that the City Council direct staff as to the course of action they would like to pursue in this matter. Background: At your regularly scheduled meeting of April 28, 1987, written communication was received, from William R. Lawrence, regarding long term parking of recreational vehicles on the public streets (see attached). The City Council subsequently referred the matter to staff for some control. The only control that is currently available to us, is to enforce the section of the H.B.M.C. that restricts vehicles from parking, in the same parking place, in excess of seventy-two hours. This enforcement is currently done on a complaint/response basis. Otherwise we would be running around marking all of the vehicles in town for seventy-two hour tow away. We conducted a survey of nine cities, which we considered may have ordinances pertaining to the regulation of recreational vehicles. The Cities of Torrance, Carson, Los Angeles and Beverly Hills (this one surprised us) had no such ordinances. The City of Hawthorne prohibits the use of R.V.'s for the purpose of living or sleeping on public streets, lots, etc., and some restriction on private property. The City of Palos Verdes Estates prohibits the parking of R. V.'s within the cor orate limits of he _ iCty. for more than fortL� eight hours, unless the same is completely housed and contained in a garage containing a roof and enclosed on four sides. The City of Inglewood prohibits the parking of R.V.'s in residential areas for a period of more than two hours. The City of Santa Monica prohibits vehicles that are more than eight feet in width or seven and one-half feet in height or 20 feet in length, to park on residential streets between the hours of 2:00 a.m. and 6:00 a.m., unless such person has a permit for said vehicle, and in no event for a period exceeding two twenty-four hour periods. 11 The City of Rancho Palos Verdes has prohibited the parking of wide vehicles on certain narrow streets. They have designated certain streets to be marked with lines on said streets, six feet from the curb. In addition signs have been posted indicating that vehicles may only park between the curb and the line. Analysis: As you can see, from the above, there are many innovative methods of attacking this problem. As to the magnitude of the problem, we have estimated that we get approximately two complaint calls, per month, re. both R.V's and boat trailers. On the other hand, we get numerous inquiries, from residents, who are having out-of-town company, and who want to know where they can park their R.V's. We have always advised them to park on the street as long has they have necessary permits and obey all other parking regulations. The Department of General Services does not perceive this issue to be a major problem. However, we are cognizant of the fact that the City Council has to be responsive to the community. It is due to this fact, that we are seeking guidance from the City Council in this matter. J General Services Director Concur: (--ASL9C,A, t ()kik_ Gre ory (T. Meyer Cit Manager Bileg oR O UIQ D 46 t /4L cam..- qatv-4 airribuce William R. Lawrence 3410 Hermosa Avenue Hermosa Beach, CA 90254 April 17, 1987 Mayor and City Council City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 Re: Street Parking of Recreational Vehicles Gentlemen and Madam: Let me offer a question that you may choose to consider at a meeting where the best interests of the city and its citizens are being considered. Should recreational vehicles be allowed to use city streets for storage purposes? I will relate my experience. I am sure that similar stories can be obtained from persons living in other parts of Hermosa Beach. For several years two or more large recreational vehicles (not campers) have parked on Hermosa Avenue on a continuous basis. It seems that the owners of these vehicles seldom use them because the machines have about become permanent fixtures of the local landscape. They might be away for an occasional week- end; they might be moved from one side of the street to the other to avoid the street cleaning restrictions; they might go from one space to another less than a hundred feet away when maximum time at a parking space calls for some strategic action; but when it is all considered you cannot avoid the fact that the owners are using the public streets as a storage yard for their vehicles. I don't know the owners of the RVs that have become so well known to me. Maybe I should search them out and tell them that the machines are unsightly, that they compound the parking problem on the street, that they extend further into traffic lanes than do passenger cars and thereby constitute a potential hazard, and that there are commercial yards where owners can safely store their RVs. I could also add that it is annoying when they choose to run the engines of the RVs late at night (presumable to keep batteries charged so that they may continue playing their weekly game of hop -scotch). They might respond by telling me to mind my own business. Well, this problem is my business and it is more properly the business of the city's governing body, and that is why I am writing this letter. I might also add that, from a very limited investigation Mayor and City Council City of Hermosa Beach Page 2 and from a long period of casual observation on my part, the RV owners apparently do not live in this neighborhood where they park their machines. I suspect that they live some distance away and park the vehicles here so that they won't have to look at them each morning when they go out to get the newspaper. I trust that the city council will, in its wisdom, give attention to the problem I have attempted to point out and do what is best for all of the people of the city. Very truly yours William R. awrence CITY OF HERMOSA BEACH INTER -OFFICE MEMO TO: Gregory T. Meyer, City Manager DATE: 6/8/87 RE: License Tax on New Res. Const. INFORMATION FROM: William Grove, Director Dept. of Bldg. &-Safety I have reviewed the proposed ordinance prepared by the city attorney and have the following concerns: 1) We presently have a business license tax to operate a mobilehome park. How would this tax affect that? 2) The mobilehome park fee is to be increased or decreased " by the same increase or decrease in construction costs between December 1st of each of the two immediately preceding years, for which purpose construction costs and the increase or decrease shall be based on the Engineering News- Record Construction Cost Index." Are construction costs of mobilehomes contained in the record or is that what was intended? 3) The tax would apply only to "new" residential structures. The definition of a "new" structure continues to need addressing. 4) The tax allows for a credit for existing buildings; however the credit must be determined by the valuation of the existing building to be demolished. This would require plans to be sub mitted for buildings to be demolished where no plans are currently required. 5) The tax is not equitably applied to all new construction but only to residential construction. Pursuant to the Sec 30-65 Purpose and intent- doesn't commercial construction affect streets, traffic signals, sewers, storm drains, etc.? This tax would have the effect of adding an additional $3000 to the cost of dwelling units constructed in this city. Coupled with Parks and Recreation Tax, School Impact Fees, Sewer Fees, Building Permit Fees, etc., it may easily cost in excess of $15,000.00 in governmental fees for a single dwelling unit. If the intent of this tax is to slow development, I think the city council actions of the past year have already accomplished that. If the intent is to raise revenue, a simpler more equitable method should be explored. 13 Honorable Chairman and Members of the Hermosa Beach Parking Authority April 22, 1987 Parking Authority Meeting of May 12, 1987 PROCEEDING WITH A COMMUNITY CENTER VICINITY PARKING FACILITY RECOMMENDATIONS In conjunction with the joint letter from the Community Resources Commission and the Community Center Board of Directors, it is recommended that the Authority direct staff to: 1. Prepare a Master Plan for the community center and vicinity re parking; 2. Develop a public parking facility plan that assumes that such parking is operated with an on site attendant; 3. Seek from the Community Resources Commission a proposed revision in the tenant lease renewals to incorporate the equivalent of a parking surcharge, thereby assuring that tenants will not have to pay by the day for parking at the Center; 4. Develop a conceptual parking plan that does not diminish the amount of current recreational facilities (e.g. tennis courts) now available; 5. Assume continuance of the Alano Club as a tenant at the Center under a program where: a. They are responsible for constructing their own facility b. Their members pay for parking as used; 6. Examine the feasability of acquiring the adjacent gas station as a means of improving parking/circulation; 7. Seek from the City Attorney a formal opinion as to any public parking facility restrictions in force and effect as a result of the Community Center grant deed from the Hermosa Beach City Schools. BACKGROUND On June 24, 1986, the Executive Director of the Parking Authority was directed to pursue an economic analysis of a parking struc- ture at the Community Center. Subsequently, Economic Research Associates (ERA) was hired to conduct a feasibility study. At the January 28, 1987 meeting of the Community Resources Com- mission, the Commissioners reviewed the ERA report and prepared a letter to the Parking Authority/City Council (February 4, 1987) voicing the Commission's initial concerns regarding the project and requesting that the Commission be a part of all future deliberations. The letter is attached. At that same meeting the Commission also set a date for a joint meeting with the Community Center Foundation to discuss this same subject. At the February 9th meeting of the Foundation, the Board of Di- rectors directed staff to send a further letter to the Parking Authority/City Council indicating the Foundation's desire to be a part of all deliberations regarding the project. The letter of February 17, 1987 is also attached. The Foundation and the Com- mission did conduct a joint meeting on March 18, 1987 regarding this project. Those groups and the Authority's Executive Direc- tor Gregory Meyer extensively discussed the many ramifications of the contemplated parking facility. All parties agreed to conduct future meetings for the purpose of constructively and coopera- tively working toward the providing of additional public parking in the vicinity of the Community Center. In regard to the 7 recommended Action Items, 1. The concept of a Master Plan is outstanding and would result in a better, more balanced approach to meeting the multiplicity of parking needs (amongst the competing Center tenants/programs and the neighboring private business endeavors). Funds to do such are contained in the City Manager's Recommended Budget for 1987 - 1988. 2. By committing to utilizing a parking plan that requires an on-site attendant the option of parking meters is pre- cluded. However, the attendant operated facility is the best way of using tandem and valet parking. 3. Community Center tenants do not, understandably, want to be paying daily parking. In a marketing sense the best way to deal with this is to "fold into" their leases [as re -negotiated in the future] the equivalent of a surcharge to cover their fair share of parking costs. 4. It is strongly recommended that the principle of current recreation (e.g. tennis) not being diminished as a result of parking being added to the site be maintained. 2 5. The Alano Club, from a financial point, is a strong asset to any new parking plan. They generate constant, daily parking needs; they can be expected to pay, and their being there helps create an active parking facility. 6. The possibility of utilizing additional adjacent lands should be explored because: a. It would help mitigate the density of facilities on the Community Center lands; b. Ingress/egress to PCH is limited on llth Place; a better parking facility design could be done with the additional lands [maybe even reducing the need for a multi -story structure]. 7. Legal matters vis-a-vis the City/District Grant Deed should be dealt with now, prior to any money being spent for construction plans/bonding being done. Greory Cit Manage GTM/ld Attachments cc Community Resources Commission Community Center Foundation Board Chamber of Commerce - 3 March 20, 1987 City of atermasa l�ecacIL. Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 Mr. John Cioffi, Chairman Hermosa Beach Parking Authority Dear Mr. Chairman: A meeting of the Community Resources Advisory Commission and the Community Center Foundation Board of Directors was held March 18, 1987 to discuss the proposed parking structure at the Community Center. Both bodies have several concerns regarding this matter and submit these concerns to you for your deliberation. They are as follows: ▪ That a master plan for the site be developed and if possible it include the railroad right-of-way area; • That an overall scheme be developed that will include a "plazas" setting as opposed to just a parking structure being placed on the site; ▪ That City Council/Parking Authority inform both bodies of any potential development that may take place along PCH south of the Community Center; • That City Council/Parking Authority seriously pursue purchasing the gas station just south of the Community Center; • That the design be Community Center; architecturally compatible with the • That the City secure a legal opinion regarding this proposed project with reference to the Sale Agreement with the School District; • That City Council/Parking Authority communicate with the School Board at the most opportune moment regarding this project; • That City Council/Parking Authority explore the benefits of having such a structure along Pacific Coast Highway; City Hall (213) 376-6984 0 Community Center 379-3312 / 376-6984 v Fire Department 376-2479 / 376-6984 • Police Department 376-7981 / 376-6984 That the operation of the structure be self-sustaining and not negatively impact the General Fund; That City Council/Parking Authority in developing an operating policy, consider free parking for a specified amount of time (i.e. first half hour -hour). That City Council, through an unknown mechanism at this time, determine parking rates that the community would be comfortable with; That Council adopt parking policies that are appropriate to the users of the Community Center facility; That City Council consider staffing the structure as opposed to parking meters, in an effort to obtain more flexibility. It is imperative that all facts are considered before the Parking Authority makes any decision on this project. Both the Community Resources Commission and the Board of Directors of the Community Center Foundation wish to work with you in any way possible to assist the Parking Authority in its deliberations regarding this project. Respectfully submitted, g„ Reviczky George S hmltzer Cairperson f President Community Resources Advisory Community Center Commission Foundation Board of Directors cc: Parking Authority Commissioners Parking Authority General Manager, Gregory T. Meyer General Services Director, Joan Noon 1 March 20, 1987 City of 2lermosci l�eac1.) A Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 Mr. John Cioffi, Chairman Hermosa Beach Parking Authority Dear Mr. Chairman: A meeting of the Community Resources Advisory Commission and the Community Center Foundation Board of Directors was held March 18, 1987 to discuss the proposed parking structure at the Community Center. Both bodies have several concerns regarding this matter and submit these concerns to you for your deliberation. They are as follows: • That a master plan for the s• ite be developed and if possible it include the railroad right-of-way area; • That an overall scheme be developed that will include a "plaza" setting as opposed to just a parking structure being placed on the site; • That City Council/Parking Authority inform both bodies of any potential development that may take place along PCH south of the Community Center; • That City Council/Parking Authority seriously pursue purchasing the gas station just south of the Community Center; • That the design be architecturally compatible with the Community Center; That the City secure a legal opinion regarding this proposed project with reference to the Sale Agreement with the School District; ▪ That City Council/Parking Authority communicate with the School Board at the most opportune moment regarding this project; • That City Council/Parking Authority explore the benefits of having such a structure along Pacific Coast Highway; City Hall (213) 376-6984 • Community Center 379-3312 / 376-6984 • Fire Department 376.2479 / 376-6984 • Police Department 376-7981 / 376-698- ▪ That the operation of the structure be self-sustaining and not negatively impact the General Fund; ▪ That City Council/Parking Authority in developing an operating policy, consider free parking for a specified amount of time (i.e. first half hour -hour). • That City Council, through an unknown mechanism at:this time, determine parking rates that the community would be comfortable with; • That.Council adopt parking policies that are appropriate to the users of the Community Center facility; . That City Council consider staffing the structure as opposed to parking meters, in an effort to obtain more flexibility. It is imperative that all facts are considered before the Parking Authority makes any decision on this project. Both the Community Resources Commission and the Board of Directors of the Community Center Foundation wish to work with you in any way possible to assist the Parking Authority in its deliberations regarding this project. Respectfully submitted, J�•. Reviczky George S hm'ltzer C-airperson / President Community Resources Advisory Community Center Commission Foundation Board of Directors cc: Parking Authority Commissioners Parking Authority General Manager, Gregory T. Meyer General Services Director, Joan Noon C'IT OF bWSIOM 73Cff. CIVIC CENTER HERMOSA BEACH CALIFORNIA 9 CITY HALL: (213) 3 7 6• POLICE AND FIRE DEPARTMENTS: 3 7 6 • February, 4, 1987 - John Cioffi,.Chairman Hermosa Beach Parking Authority Dear John, At the January 28, 1987 Community Resources Commission, meeting, the commissioners reviewed the Economic Feasibility Study regarding the "proposed" parking structure at the Community Center. As it is our responsibility as the advisory group for the Department of Community Resources to advise City Council on matters pertaining to the Department, we are respectfully requesting the Parking Authority Commissioners.to include the Advisory Commission or a representative in all disucssions regarding this project. The Community Resources Commissioners indicated many areas of concern regarding this project namely, design of the structure, development of a parking operation'policy and -replacement in-kind of existing tennis courts. As this is such an important project not only for the Community Center but the entire City as well, the Advisory Commission looks forward to working with the Parking Authority in developing this project. oQ . R. Reviczky, Chairperson . Community Resources Advisory Commission -PC: Parking Authority Commission Parking Authority General Manager, Gergory T. Meyer General Services Director.,' Joan Noon • Hermosa Beach Community Center February 17, 1987 Mr. John Cioffi, Chairman Hermosa Beach Parking Authority Dear John, On behalf of the Board of Directors of the Community Center Foundation I respectfully request that the Foundation Board of Directors be included in all discussions regarding the proposed parking structure at the Community Center. As the Foundation is an important part of the development of the Community Center and the proposed parking structure will directly impact the users of the Center, the Board feels it may be of benefit to everyone to be a part of the planning process for the parking structure. Your consideration of this request is greatly appreciated. Sincerely, George Schmeltzer, President Hermosa Beach Community Center Foundation cc: Parking Authority Commission Parking Authority Commission General Manager, Gregory T. Meyer General Services Director, Joan Noon Community Resources Advisory Commission Hermosa E3each Community Center. 710 Pier _Avenue. Hermosa Peach, Ca:ifornia 90254 (213) 318-3452 MINUTES OF THE REGULAR MEETING OF THE HERMOSA BEACH PARKING AU- THORITY het on Tuesday, February 24, 1987 at the hour of 11:21 p.m. NOTED: All Commissioners Present A. CONSENT CALENDAR 1) Minutes of the August 26, 1986 meeting 2) Status report re. Hermosa Pavilion Public Parking Structure. Action: To approve the consent calendar. Motion by Commissioner De Bellis, second Simpson, so ordered. B. Report from Economic Research Associates re. the economic feasibility of building a parking structure in the vicinity of the Community Center. Action: Motion as follows, 1. Accept the report, prepared by Economic Research Assoc- iates, regarding the economic feasibility of building a parking structure in the vicinity of the Community Center and approve in concept implementation of a public parking facility to serve the Community Center and the adjacent business community. In addition, refine the revenue assumptions made in the report based on projec- ted inflation and also to fold into the projected expen- diture, the construction of new tennis courts and the cost of tram service. 2. Direct staff to commence with the necessary EIR process and return with an outline of calendared events. 3. Explore the possibility of utilizing car lifts in the lower portion of the Hermosa Plaza parking structure, to increase parking and give the effect of double deck parking. 4. Seek input from the Hermosa Beach Community Center Foundation and the Community Resources Advisory Commiss- ion regarding the proposed parking structure. 5. Seek input from the property owners on Pacific Coast Highway, in the vicinity of the Community Center, re. any pending economic improvement in the area. Motion Commissioner De Bellis, second Chairman Cioffi, so ordered. ADJOURNMENT: 11.54 p.m. / `' (1) EXHIBIT "A" CITY OF HERMOSA BEACH UNITS OF USAGE, FLOW, SEWER UNITS AND CONNECTION FEE July 1, 1986 - June 30, 1987 LAND USE CAT GORIES (1) RESIDENTIAL SINGLE FAMILY HOME DUPLEX TRIPLEX FOURPLEX CONDOMINIUMS REDUCED SFH > OR = FIVE UNITS MOBILE HOME PARKS COMMERCIAL HOTELS/MOTELS/RM. HOUSES STORES SUPERMARKET SHOPPING CENTER OFFICE BUILDING PROFESSIONAL BUILDING RESTAURANT INDOOR THEATRE CAR WASH - TUNNEL TYPE CAR WASH - WAND TYPE FINANCIAL INSTITUTION SERVICE SHOP ANIMAL KENNEL SERVICE STATIONS AUTO SALES/REPAIR WHOLESALE OUTLETS NURSERIES/GREENERIES MANUFACTURING DRY MANUFACTURING LUMBER YARDS WAREHOUSING OPEN STORAGE DRIVE-IN THEATRE NIGHT CLUB BOWLING/SKATING CLUB AUDITORIUM, AMUSEMENT GOLF COURSES, CAMP & PARK HOMES FOR THE AGED LAUNDROMAT MORTUARIES/CEMETERIES HEALTH SPA, W/SHOWERS HEALTH SPA, W/0 SHOWERS INSTITUTIONAL COLLEGES/UNIVERSITIES PRIVATE SCHOOLS CHURCHES (1) UNIT OF USAGE PARCEL PARCEL PARCEL PARCEL NO. OF UNITS PARCEL NO. OF UNITS SPACES ROOMS 1,000 SQ. 1,000 SQ. 1,000 SQ . 1,000 SQ. 1,000 SQ. 1,000 SQ. 1,000 SQ. 1,000 SQ . 1,000 SQ . 1,000 SQ. 1,000 SQ. 1,000 SQ. 1,000 SQ . 1,000 SQ . 1,000 SQ. 1,000 SQ. 1,000 SQ. 1,000 SQ. 1,000 SQ . 1,000 SQ. 1,000 SQ. 1,000 SQ. 1,000 SQ. 1,000 SQ. 1,000 SQ. 1,000 SQ. 1,000 SQ. BED 1,000 SQ. 1,000 SQ. 1,000 SQ. 1,000 SQ. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. STUDENT 1,000 SQ. FT. 1,000 SQ. FT. (2) FLOW(GPD) 260.00 360.00 540.00 720.00 180.00 180.00 180.00 180.00 100.00 100.00 100.00 100.00 200.00 300.00 1,000.00 500.00 3,700.00 700.00 100.00 100.00 100.00 100.00 100.00 100.00 25.00 200.00 25.00 25.00 25.00 25.00 20.00 750.00 150.00 20.00 350.00 100.00 90.00 4,600.00 100.00 600.00 300.00 20.00 200.00 50.00 Obtained from the LA County Sanitation District Effective from July 1, 1986 to June 30, 1987 for the Sanitation District Sewer units = FLOW (by land use category) ; FLOW (of house) (3) SEWER SEWER CONNECTION UNITS 1.00 1.38 2.08 2.70 0.69 0.69 0.69 0.69 0.37 0.38 0.38 0.38 0.77 1.15 3.85 1.92 14.23 2.69 0.38 0.38 0.38 0.38 0.38 0.38 0.003 0.77 0.003 0.10 0.10 0.10 0.08 2.88 0.58 0.08 1.35 0.38 0.35 17.69 0.38 2.31 1.15 0.08 0.77 0.19 FEE $ 3,605.90 4,976.14 7,500.27 9,735.93 2,488.07 n n 11 1,334.18 1,370.24 11 11 2,776.54 4,146.78 13,882.71 6,923.33 51,311.96 9,699.87 1,370.24 11 11 II II tl 10.82 2,776.54 10.82 360.59 n 288.47 10,384.99 2,091.42 288.47 4,867.96 1,370.24 1,262.07 63,788.37 1,370.24 8,329.63 4,146.78 288.47 2,776.54 685.12 South Bay Cities single family May 5, 1987 HONORABLE MAYOR and MEMBERS of the HERMOSA BEACH CITY COUNCIL ()/1 (D(1_ Regular Meet ng of May 12, 1987 FOLLOWUP TO CITY COUNCIL DIRECTIVE DRAFT SEWER CONNECTION FEE Recommendation It is recommended that City Council: 1. Review and consider the attached draft sewer connection fee. 2. Adopt R -solution No. 87- , a resolution of the City Coun9r1 of the City of Hermosa Beach, California ordering the/preparation of an ordinance prescribing fees for the OlsrXivilege of connecting any parcel within the boundaries of the City of Hermosa Beach directly or indirectly to the sewerage system, or for increasing the quantity of wastewater attributable to a connected parcel within the city, and providing for the collection of such charges. Background On March 24, 1987, City Council directed staff to return with a draft sewer connection fee for review and consideration, using Alternative No. 5, with an inflation factor. The draft has been prepared and is included as part of the attached resolution. Analysis This analysis is divided into the following sections: 1. Background 2. Features of the draft sewer connection fee 3. Adopt by Resolution or Ordinance 4. Fiscal Impact 5. Summary 1. BACKGROUND Alternative No. 5 is based on the Los Angeles County Sanitation District's method for determining sewer connection fees. In order to ensure that each user pays in proportion to the user's level of sewer system use, the methodology developed by the County relates the quantity of wastewater discharged to costs for providing and operating the system. Their concept of a fair and equitable system of charges rests upon a theory of proportionate allocation of costs among all users. The County Sanitation Districts of Los Angeles County has developed a system of charges which is based upon unit costs and the allocation of such costs in proportion to a user's burden on the sewerage system. Attached is a draft resolution based on the model ordinance. for fee connections developed by the County Sanitation District. ia 2. FEATURES OF THE DRAFT SEWER CONNECTION FEE Features that City Council may find interesting are: 1. Only properties increasing the burden on the sewer system are required to pay a fee. 2. Commercial properties are impacted only if the usage is changed to one that intensifies wastewater flow. 3. ADOPT BY RESOLUTION OR ORDINANCE Section 54992(b) of the Government Code states: "Any action by a local agency to levy a new fee or service charge or to approve an increase in an existing fee or service charge shall be taken only by ordinance or resolution" Hence, there are two methods available to City Council - resolution or ordinance. Both have the same effect, with the resolution being effective immediately and the ordinance requiring the following time frame: Introduction May 26, 1987 Second Reading June 9, 1987 Effective thirty days thereafter July 9, 1987 In addition, Section 54992(a) of the Government Code states: "At least 10 days prior to the meeting, the local agency shall make available to the public data indicating the amount of cost, or estimated cost, required to provide the service for which the fee or service charge is levied and the revenue sources anticipated to provide the service, including general fund revenues." The data was placed on file in the office of the City Clerk on May 6, 1987 (It is attached as exhibit "A: in the resolution). Action on this matter could not take place until the May 26, 1987 meeting. 4. FISCAL IMPACT Below is a two year recap of the monies collected: New Additional housing Fiscal Actual(1) Housing Housing units added to Year Revenue Units Demolished inventory. FY 85-86 $27,477 104 35 69 FY 86-87(2) 22,095 169 40 129 (1) Actual Revenue includes commercial development in FY85-86 this included the Haggen Shopping Center. (2) Through 2-28-87 only. Had the proposed draft sewer connection fee been established beginning FY 85-86, the fiscal impacts would have been as follows: Additional housing Unit Potential Fiscal Year Units Cost Revenue FY 85-86 69 $3,605.90 $248,807 FY 86-87 129 3,605.90 465,161 5. SUMMARY The final. version could be ready for introduction as an ordinance provided there are not substantial changes made to the draft and given appropriate review by the City Attorney's office. Alternatives Other alternatives available to City Council and considered by staff are: 1. Revise the attached draft sewer connection fee. 2. Drop the draft sewer connection fee concept. 3. Refer the matter to the City Attorney for review and comment. Respectfully submitted: AitrAp Ah-t4lbny Antich Director of Pubic Works Attached: Resolution No. 87. 3 CONCUR: Gre;ory !1'. /M yer Cit• Manag NOTED FOR FISCAL IMPACT: Viki Copeland Finance Administrator 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 RESOLUTION NO. 87- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA ORDERING THE PREPARATION OF AN ORDINANCE PRESCRIBING FEES FOR THE PRIVILEGE OF CONNECTING ANY PARCEL WITHIN THE BOUNDARIES OF THE CITY OF HERMOSA BEACH DIRECTLY OR INDIRECTLY TO THE SEWERAGE SYSTEM, OR FOR INCREASING THE QUANTITY OF WASTEWATER ATTRIBUTABLE TO A CONNECTED PARCEL WITHIN THE CITY, AND PROVIDING FOR THE COLLECTION OF SUCH CHARGES. WHEREAS, for reasons of health and safety, it is necessary to maintain and rehabilitate the sewer system. WHEREAS, the Santina and Thompson report (titled: Sewer System Analysis -January, 1985) concluded that the City sewer system is in disrepair and is in need of rehabilitation. WHEREAS, all new construction and development which increase wastewater flow (when compared to existing conditions) contribute to the accelerated deterioration of the City's sanitary sewer system. This represents an added burden on the sanitary sewer system, an added expense to taxpayers and a potential negative environmental impact. WHEREAS, on March 24, 1987, after considering several alternatives, City Council approved a method to calculate the proportionate share of cost. This method considers the impacts of intensified land usage on the City's sanitary sewer system. Land usages which are not intensified do not negatively impact the sanitary sewer system. WHEREAS, City Council's decision of March 24, 1987 represents the policy and method by which the City of Hermosa Beach calculates (Alternative No. 5) proportionate share of cost for intensified land usages which impact the sanitary sewer system. WHEREAS, The Santina and Thompson report identified 8319.7 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 sewer units within the City of Hermosa Beach. Using $168 per foot, in 1987 it is estimated to cost up to $30,000,000 to replace approximately 34 miles of sanitary sewer. The cost of one sewer unit is: $30,000,000 = $3,605.90 8319.7 WHEREAS, The fee calculation for a land usage which intensifies the wastewater flow is illustrated in the following example: Description Sewer Fee Sewer Units Existing Single Family House $ 3,605.90 1.00 Existing Duplex 4,976.14 1.38 Total: $ 8,582.04 2.38 Proposed 5,000 s.f. Office Bldg. $ 6,852.21 1.90 Proposed 10,000 s.f. store 13,702.42 3.80 Total: $20,553.63 5.70 SUMMARY Credit for existing structures $ 8,582.04 2.38 Cost for proposed development 20,553.63 5.70 Net: $11,971.59 3.32 WHEREAS, On March 24, 1987 City Council directed staff to prepare a draft sewer connection fee for review and consideration, using Alternative No. 5, with an inflation factor. WHEREAS, the proposed fees are attached to this resolution as Exhibit "A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY RESOLVE: SECTION 1. After reviewing and considering Section 2 of this resolution staff is directed to prepare an ordinance similar 2 1 2 3 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to the draft format presented in Section 2 herein, including any additions or deletions as approved by City Council. SECTION 2. The following shall constitute a draft regulation of sewer connection fees: PART I - GENERAL PROVISIONS SECTION 1.01 - SHORT TITLE This Ordinance shall be known as the "Connection .Fee Ordinance for the City of Hermosa Beach" and may be cited as such. SECTION 1.02 - PURPOSE The purpose of this Ordinance is to impose charges for the privilege of connecting a parcel within the City directly or indirectly to the City's sewerage system as hereinafter defined or for increasing the quantity of wastewater attributable to a connected parcel, and to provide for collection of said charges. Funds derived under this Ordinance shall be deposited in the City's Sewer Fund. SECTION 1.03 - AUTHORITY he City Council is empowered to fix fees or charges for the •rivilege of connecting to its sewerage system. SECTION 1.04 - ADMINISTRATION he Director shall administer, implement, and enforce the •rovisions of this Ordinance. Any powers granted to or duties imposed on the Director may be delegated by the Director to .ersons acting in the beneficial interest of, or in the employ of he City. ECTION 1.05 - VALIDITY �f any part, section, subsection, paragraph, sentence, clause or hrase of this Ordinance is held invalid orunconstitutional for • 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 any reason by any court, that decision does not affect the validity or constitutionality of the remainder of this Ordinance. The City Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision. PART II - DEFINITIONS This Ordinance shall be construed according to the following definitions: SECTION 2.01 - ADDED BURDEN An added burden shall mean any of the following: (1) A connection, direct or indirect, to the sewerage syste for the first time, of any structure located on a parcel(s) of land within the City. (2) An existing connection from a parcel where the number of sewer units attributable to said parcel has been increased due to construction of additional dwelling units or change in land usage. SECTION 2.02 - DIRECTOR Director shall mean the Director of Public Works of the City of Hermosa Beach or his duly authorized deputy or agent. SECTION 2.03 - PARCEL Parcel shall mean real property upon which an assessment is made. SECTION 2.04 - PERSON Person shall mean any individual, partnership, committee, association, corporation, public agency, and any other organization or group of persons, public or private. SECTION 2.05 - SEWERAGE SYSTEM Sewerage system shall mean the network of wastewater collection 4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2 n 24 c --'25 26 27 28 and conveyance, which are interconnected by means of sewers and owned in whole by the City. SECTION 2.06 - SEWAGE UNIT The average daily quantity of sewage flow from a single family home measured in terms of flow. SECTION 2.07 - UNIT OF USAGE Unit of usage shall mean the basic unit of measure which quantifies the degree of use of a particular parcel (e.g., dwelling unit, square footage). Square footage of an improvement shall be based upon the gross exterior dimensions of the structure. SECTION 2.08 - USER CATEGORY User category shall mean the specific land use classification for a particular parcel which is defined in terms of its use (e.g., single family home, restaruant). SECTION 2.09 - WASTEWATER Wastewater shall mean the water carried wastes of the community derived from human or industrial sources including wastewater of domestic origin and industrial wastewater. PART III - FEES SECTION 3.01 - CONNECTION FEES No person shall impose an added burden, as herein defined, to the sewerage system from any parcel within the boundaries of the City until an application for sewer connection has been made and approved by the Director and a connection fee has been paid to the City. ocal governmental parcel shall not be subject to a connection fee under this Ordinance. (1) Any person imposing an added burden shall pay a connection 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 fee in accordance with this Ordinance. With respect to discharges which constitute an increase in the quantity of wastewater attributable to a particular parcel or operation already connected, the connection fee shall be based on the increase in anticipated use of the sewerage system. (2) A credit shall be allowed with respect to new construction replacing a demolished building which had been connected to the sewerage system or with respect to a change in use of a building which had been connected to the sewerage system. The credit for a demolished building shall be equal to the connection fee that would have been paid with respect to the most recently demolished building under the terms of this Ordinance and based on the current connection fee rate. The credit for a change in use of a building which had been connected to the sewerage system shall be based upon the units of usage existing immediately prior to construction of the improvement or occurrence that brought about the increased use and the current connection fee rate. If a demolished building or a building for which there was a former use had a prior connection fee application approved by the City, the credit provided for above shall be based upon the highest number of sewer units for which a connection fee application had been approved and the current connection fee rate. It shall be the responsibility of the applicant to demonstrate to the reasonable satisfaction of the Director the user category and the number of units of usage 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (3) applicable to a demolished building or a building for which there was a former use, and whether or not such building was connected to the sewerage system. The -credit provided for (2) above shall be applicable only to the specific parcel upon which the demolition has occurred and may be allocable by the owner of such parcel if more than one building is being connected. The City Council finds that under certain circumstances the transfer to a different parcel of a business operation discharging wastewater does not impose any additional burden on the sewerage system. A credit which shall be referred to as a relocation credit shall be allowed for the relocation to a different parcel of a business operation discharging wastewater upon the following requirements being met: (a) That essentially the same business operation has been transferred from one parcel to another and such operation waspreviously connected directly or indirectly to the sewerage system. (b) That the business operation was owned prior to the transfer by the same person now making claim to a relocation credit. (c) That the discharger has demonstrated to the satisfaction of the Director that the business operation has been abandoned from the parcel from which the transfer has occurred or presented a certification in writing that such business operation will be abandoned within six months of the City approving an application for connection. Should the facility not be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 abandoned within the prescribed period, the relocation credit shall be revoked and a connection fee 'with respect to the parcel to which the business operation was transferred shall be due and payable as of the date said parcel was connected to the sewerage system. The connection fee shall equal the product of the number of sewer units upon which the relocation credit was based and the current connection fee rate. (d) That the Director has made a determination that there is adequate capacity in the sewerage system to accommodate connection of the business operation to be transferred. In no case shall the credit provided for in subsections (2) or (3) above exceed the new connection fee. SECTION 3.02 - CALCULATION OF THE CONNECTION FEE (1) The connection fee for any parcel within the City's boundaries imposing an added burden to the sewerage system shall be based on anticipated use and shall equal the product of the estimated number of sewer units which will result from the added burden, as determined in paragraph (2) of this section, and the connection fee rate determined pursuant to Section 3.03 hereof. (2) Calculation of the Number of Sewage Units -The number of sewage units (SU) shall be determined by the following formula: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CFLOWav O SU g FLOWsf0 where: FLOWsfh = Average flow of wastewater from a single family home in gallons per day; FLOWavg = Estimated flow of wastewater which will enter the sewerage system from a user in gallons per day. (3) The number of sewer units attributable to a parcel from which no industrial wastewater is discharged shall be calculated using mean loadings per unit of usage for each connecting parcel's user category as adopted from time to time by the City Council of Hermosa Beach. The mean loadings per unit of usage for flow in gallons per day, shall be based upon the best data currently available, including updated sampling information and data from other jurisdictions and publications including the Board of Directors of the Los Angeles County Sanitation District. SECTION 3.03 - CALCULATION OF THE CONNECTION FEE RATE The estimate cost of the City sewer system divided by the estimated total number of sewer units in the City equals the cost of one sewer unit. This calculation is performed once annually. The cost of one sewer unit is hereinafter referred to as the connection fee rate. SECTION 3. That this resolution shall become effective immediately. PASSED, APPROVED, and ADOPTED this 12th day of May, 1987. PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach, California. ATTEST: APPROVED AS TO FORM: 9 e J F EXHIBIT "A" CITY OF HERMOSA BEACH UNITS OF USAGE, FLOW, SEWER UNITS AND CONNECTION FEE July 1, 1986 - June 30, 1987 LAND USE CATEGORIES (1) RESIDENTIAL SINGLE FAMILY HOME DUPLEX TRIPLEX FOURPLEX CONDOMINIUMS REDUCED SFH > OR = FIVE UNITS MOBILE HOME PARKS COMMERCIAL HOTELS/MOTELS/RM. HOUSES STORES SUPERMARKET SHOPPING CENTER OFFICE BUILDING PROFESSIONAL BUILDING RESTAURANT INDOOR THEATRE CAR WASH - TUNNEL TYPE CAR WASH - WAND TYPE FINANCIAL INSTITUTION SERVICE SHOP ANIMAL KENNEL SERVICE STATIONS AUTO SALES/REPAIR WHOLESALE OUTLETS NURSERIES/GREENERIES MANUFACTURING DRY MANUFACTURING LUMBER YARDS WAREHOUSING OPEN STORAGE DRIVE-IN THEATRE NIGHT CLUB BOWLING/SKATING CLUB AUDITORIUM, AMUSEMENT GOLF COURSES, CAMP & PARK HOMES FOR THE AGED LAUNDROMAT MORTUARIES/CEMETERIES HEALTH SPA, W/SHOWERS HEALTH SPA, W/0 SHOWERS INSTITUTIONAL COLLEGES/UNIVERSITIES PRIVATE SCHOOLS CHURCHES (1) UNIT OF USAGE PARCEL PARCEL PARCEL PARCEL NO. OF UNITS PARCEL NO. OF UNITS SPACES ROOMS 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 SQ. SQ. SQ. SQ. SQ. SQ. SQ. SQ. SQ. SQ. SQ. SQ. SQ. SQ. SQ. SQ. SQ. SQ. SQ. SQ. 1,000 SQ. 1,000 SQ. 1,000 SQ. 1,000 SQ. 1,000 SQ. 1,000 SQ. 1,000 SQ. BED 1,000 SQ. 1,000 SQ. 1,000 SQ. 1,000 SQ. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. FT. STUDENT 1,000 SQ. FT. 1,000 SQ. FT. (2) FLOW(GPD) apIL 260.00- 360.00 540.00 720.00 180.00- 180.00 180.00 180.00 (3) SEWER UNITS 1.00 1.38 2.08 2.70 0.69 0.69 0.69 0.69 100.00 0.37 100.00 0.38 100.00 0.38 100.00 0.38 200.00 0.77 300.00 1 1,000.00 .85) 500.00 .92 3,700.00 14.23 700.00- 2.69 100.00 0.38 100.00 0.38 100.00 0.38 100.00 100.00 100.00 25.00 200.00 25.00 25.00 25.00 25.00 20.00 750.00 150.00 20.00 350.00 100.00 90.00 4,600.00 100.00 600.00 300.00 20.00 200.00 50.00 0.38 0.38 0.38 0.003 0.77 0.003 0.10 0.10 0.10 0.08 2.88 0.58 0.08 1.35 0.38 0.38 2.31 1.15 0.08 0.77 0.19 SEWER CONNECTION FEE $ 3,605.90 4,976.14 7,500.27 9,735.93 2,488.07 n 1,334.18 1,370.24 n 2,776.54 4,146.78 13,882.71 6,923.33 51,311.96 9,699.87 1,370.24 n II 10.82 2,776.54 10.82 360.59 n 288.47 10,384.99 2,091.42 288.47 4,867.96 1,370.24 1,262.07 63,788.37 1,370.24 8,329.63 4,146.78 288.47 2,776.54 685.12 Obtained from the LA County Sanitation District Effective from July 1, 1986 toa June 30, 1987 for the South Bay Cities Sanitation District Sewer units = FLOW (by land use category) ; FLOW (of single family house) Mc1) L G 1 NnAN\ \PC4\i A qS)P211 '' 164 Ac ,. -. 1 9_ S—__ ) March 17, 1987 HONORABLE MAYOR and MEMBERS of Regular Meeting of the HERMOSA BEACH CITY COUNCIL March 24, 1987 S FOLLOW UP TO COUNCIL REQUEST REGARDING IN -LIEU SEWER PAYMENT FOR A CONDOMINIUM PROJECT CC j LOCATED AT 829, 829-1/2 AND 833 FIFTH STREET `Recommendation It is recommended that City Council: 1. Accept a $12,981.24 in -lieu sewer payme,fp the project at 829, 829-1/2 and 833 Fifth Street. a.7\ 2. Direct that staff return with a draf sewer connection fee for City Council,review and consideration.4,,A CQl� Background At the March 10, 1987 meeting City Council directed staff to return with alternate suggestions for a policy to charge an in -lieu sewer fee and its affects on a proposed ten unit condominium project at 829, 829-1/2 and 833 Fifth Street. Analysis This report to Council is divided into five sections and are titled as follows: 1. Background of project at 829, 829-1/2 and 833 Fifth Street. 2. Response to Councilmember concerns and alternative methods for calculating a sewer fee. 3. Review of MSI and Santina and Thompson Reports and. Recommendations. 4. Review of Chapter 28 of the Municipal Code titled "Sewage and Industrial Waste Disposal". 5. Summary. Background of project at 829, 829-1/2 and 833 Fifth Street. The subject property consists of the following existing structures: Address Description 829 and 829-1/2 Fifth Street Duplex 833 Fifth Street Duplex A tentative tract map proposes to construct a 10 unit condominium. Condition No. 5 of Planning Commission Resolution 86-55 requires: 11 "All Public Works and Fire Department requirements shall be met including a fire hydrant on the southeast corner of Fifth Street and Pacific Coast Highway." The City sewer system consists of eighteen separate drainage areas. HERMOSA• BEACH CALIIIFORNIIA it T e• r / mew nem 0 111>, Err A.. filmm p I. ems" `•��s—�� POW r _ '�IL II II t lin n� D��, j QH1� IA tf�=(1'11111=1�''1�LIL'l�1tim 11 reMpOj., - amon t■ • 0 ""11210.26 Tsr— Drainage areas to Otl ----- TARGET AREA 1 The ten unit condominium project on Fifth Street is located within drainage area 13 and is highlighted above and expanded below: Wastewater enters manhole number 252 (MH 252) and travels westerly to MH 251, thence southerly along the east side of Pacific Coast Highway to MH 249, thence westerly along Third Street to a point of discharge into a County manhole (MH 240). The Public Works Department had estimated a replacement cost of $232,000 for approximately 1,281 feet of existing downstream sewer concerns. This unit cost is $180 per foot and is higher than normal because of extensive traffic control necessary on Pacific Coast Highway. A potential developer of the property had proposed a $10,000 in -lieu payment to satisfy the sanitary sewer concern. This proposal was presented to City Council at their February 24, 1987 meeting and the item was referred back to staff for more information. Response to Councilmember concerns and alternative methods for calculating a sewer fee. After speaking to all councilmembers I have tabulated the concerns below. MANHOLE { DWELLING UNITS (MH) 1 1 MAXIMUM NUMBER 1 NUMBER 1 UNDER : CURRENT OF 1 CURRENT FROM TO 1 ZONING CONNECTIONS EXISTING 1 ZONING PRIVATE i PROPERTY : PIPE FRONT FOOTAGE : FOOT - ADJACENT TO 1 AGE PIPE :LENGTH 252 251 R-3 2 4' 10 90 180 251 250 C-3 6 6 6* 308 430 250 249 C-3 1 1 1* 37. 105 249 247 -0-' 85 247 246 C-3 & R-2 12 30 27* 580 280 246 245 R-2 & M 9 21 20 351.9 180 245 244 M 5 5 10 195.7 175 244 243 R-1 1 1 1 17 35 243 242 R-1 9 9 9 225 165 242 241 R-1 8 9 9 225. 190 TOTALS: 53 86 93 • 2,029.6 1,825 *Includes commercial property subject to height and square footage limits and assumes one structure per site. The following alternative methods can be used for calculating a sewer fee. Alternative No. 1. Comparison to other cities. The developer offered $1,000 per unit; hence, the ten unit condominium project would pay $10,000. 3 City El Segundo Gardena Hawthorne Los Angeles SEWER CONNECTION FEE Single Family Res. Condominium $580 $140 $140 $580 per $140 per $140 per unit unit unit $923 $ 76.50 per unit (+) 2 Bedrooms = $511 per unit 3 or more Bedrooms = $638 per unit Manhattan Beach $ 68.60 (+) $68.60 per unit (+) $350 Deposit (one) $350 Deposit Redondo Beach Torrance $ 20 $ 20 per unit, $3 per front $ 25 per sewer unit foot. (15 fixtures = 1 sewer unit) Alternative No. 2. L.A. County Sanitation District method. Using the method and fee structure identical County Sanitation District. (See Exhibit I) Description Single Family House Condominium Duplex to the Los Angeles Connection Fee Sewer Unit $675.00 428.00 856.00 1.00 0.60 1.20 Calculation 10 Condominium x $428.00 = $4,280 2 Duplex x 856.00 = _121? credit Total Fee = $2,568 Alternative No. 3. Santina & Thompson Report method. Using the Santina and Thompson report (prepared January 1985) and presented to City Council. Their calculation assumes a 1984 estimated (MSI Report) sewer system replacement cost of $18,357,200 and also uses the sewer units concept. Description Single Family House Condominium Duplex Connection Fee $2,206.48 1,323.88 2,647.77 4 Sewer Unit 1.00 0.60 1.20 Calculation 10 Condominium x $1,323.88 2 Duplex x 2,647.77 Total Fee $13,238.50 5,295.54 credit $ 7,942.96 Alternative No. 4. Front footage method. Using an estimated downstream unit cost of $180 per foot and a front footage of 90 feet the fee is as follows: 90 feet x ($180 per foot ; 2) = $8,100 The unit cost is divided by two because a sewer line in the center of a street typically serves houses on both sides; hence, the total cost is split in half. Alternative No. 5. Santina & Thompson Report. Using 1987 estimated sewer replacement costs of $30,000,000. Description Connection Fee Sewer Unit Single Family House $3,605.90 1.00 Condominium 2,163.54 0.60 Duplex 4,327.08 1.20 Calculation: 10 Condominiums x $2,163.54 = $21,635.40 2 Duplex x 4,327.08 = 8,654.16 credit Total Fee = $12,981.24 There are various different methods available to calculate a fee. As can be seen the range is variable and can be adjusted. Review of MSI and Santina & Thompson Reports and recommendations. The City currently maintains and operates approximately thirty four miles of sanitary sewer lines. On September 19, 1986, City Council rejected bids for replacement of approximately 3,900 feet of 10" and 15" diameter pipe. The low bid was $668,295 or $171 per foot. The project is currently rebidding. Using $171 per foot as an upper limit, the 1987 replacement cost of the sewer system is estimated to cost up to $30,000,000. On April 12, 1984, Management Service Institute (MSI) presented to City Council their final report which reviewed the City's revenue structure and the costs related to delivering non -tax supported services to the public. The MSI reported an estimated sewer system replacement cost of $18,357,200. The Management Services Institute (MSI) study concluded, "The solution to the significant losses now suffered by the City lies in the imposition of a sanitary sewer service charge. One which most cities have imposed in one form or another for many years." This prompted the Santina & Thompson sewer study which recommended rehabilitation of the sewer system. The report also recommended a sewer connection charge as a method to finance the rehabilitation of the sewer system. This method is identical to that used by the County of Los Angeles Sanitation District which uses a term called a sewer unit. Simply stated each property is converted to a "sewer unit". A sewer unit is a way of expressing the amount of waste water flow produced from a building or business. A single family house is established as exactly one sewer unit and all other uses are some multiple of this one unit. For example: Description Single Family House Car Wash Night Club Office Building Sewer Unit 1.00 13.64 per 1,000 2.77 per 1,000 0.74 per 1,000 sq. ft. sq. ft. sq. ft. In 1985 Santina & Thompson calculated 8,319.7 equivalent "single family" units in the City of Hermosa Beach. Hence, the cost of a connection of one single family unit was in 1985: $18,357,200 = 8,319.7 = $2,206.47 Today, this same connection fee would be: $30,000,000 4 8,319.7 = $3,605.90 This contrasted with the County charge of $675 which is scheduled for increase in July, 1987. I have attached a copy of their fee schedule as Exhibit I. Review of Chapter 28 of the Municipal Code titled "Sewage and Industrial Waste Disposal". I have reviewed Chapter 28 and have also discussed the Chapter with the Building and Safety Director. The City fees as outlined in the chapter appear to be low and total revenue collected is small when contrasted against the capital needs. Either a new approach is needed or the fees need adjustment. Below is a two year recap of the monies collected. Fiscal Actual(1) Year Revenue New Housing Units FY 85-86 $27,477 104 FY 86-87(2) 22,095 169 Additional housing Housing units added to Demolished inventory. 35 69 40 129 (1) Actual Revenue includes commercial development in FY85-86 this included the Haggen Shopping Center. (2) Through 2-28-87 only. Summary. 1. $12,981.24 is the .proportionate share of the cost to repair the City sewer system (based on an estimated cost of replacement of $30,000,000) for the project. An action to accept this payment will satisfy the sanitary sewer concern thereby allowing the 10 unit condominium project to proceed to be built. 2. Monies collected for (FY85-86 & FY86-67) sewer connection fee are low when compared with capital needs. A further review is appropriate and will be done. Alternatives Other alternatives considered by staff and available to City Council are: 1. Refer back to staff for more information. 2. Adjust the fee. 3. Do not accept an in -lieu fee. CONCUR: Greory ST� Meyevr 1 Cit Manager -_.ectfully suu.oitted 41.4.a.s...1 . t� An hony Antic Director of ' blic Works Attachments: Exhibit I CC: Bill Grove, Building and Safety Director Addendum attached. EXHIBIT I CONNECTION FEE SCHEDULE FOR SOUTH BAY CITIES SANITATION DISTRICT EFFECTIVE JULY 1986 USER CATEGORY UNIT OF USAGE CONNECTION FEE PER UNIT OF USAGE RESIDENTIAL Single Family Home Duplex• Triplex Fourplex'' _ __ �`w Five Units or Mo -re - Mobile Mobile Home Park Condominium Parcel `Parcel , Parcel _.. _`Parcel: No. of DwIg. Units �. No. of Spaces a No. of Dwlg. Units $ 675.00 Tr_ 856.00 -1,284.00 :1,712.00 428.00 -428 00 428.00 COMMERCIAL Hotel/Motel/Rooming House Store1 Supermarket2 Shopping Center- Office enterOffice Building Professional Building Restaurant Financial Institution- _ Service Shop Laundromat3 ".-_._ Service Station4 Auto Sales/Repairs -77.7'.7.!477'-'17-77,7',1.L.' _ ` Car Wash - Tunnel Type Car Wash - Wand Type; . Wholesale Outlet -Animal Kennel Nursery/Greenhouse Dry Manufacturing Lumber Yard Warehousings • Open Storage Indoor Theatre r + t- T. • Drive-in Theatre Nightclub Bowling/Skating Club (Fraternal or Civic) Auditorium, Amusement Golf Course, Camp and Park (Structures and Improvements)8 Home for the Aged/ .0. ° ° ;T Convalescent Hospital? Mortuary/Cemetery Spa/Gym (W. Showers) Spa/Gym (W. O. Showers) Room a� __ - 1000 sq ft +1000 sq ft - �- 1000 sq ft 1000 sq ft M" 1000 sq ft 1000sgft ._ a1000 sq ft 1000 sq ft 1000 sq ftp. ..� 1000 sq ft •1000 sq'tt.,,� 1000 sq ft sq ft - 1000 sq ft '1000 sq ft i:-- 1000 sq ft sq ft •7:77,7. . -•:7•77- 1000 :-•_""`1000 sq ft �-`1000 sq ft 1000 sq ft '. 1000sgft.. 1000 sq ft ,,-77171000 sq ft , .s_ a 1000 sq ft 7'7:: '1000 1000 sq ft 1000 sq ft r -t •. - Bed 1000 sq ft a 1000 sq ft :I.': 1000 sq ft - 252.00 252.00 •,__ti 491.00 • • - , '"';'252.00 - 507.00 759.00 -u-4,722.00 - `" 252.00'_ 252.00 • '' 11,632.00 777.2" _ 252.00 22.00 _ _ ,X __S. , . ;_ 9,356.00 2-7;172771,769.00 252.00 63.00 90.00 90.00 :77 50.00 898.00___, 577.00 T.:7-7,1-2:777-'': 50.00 -. 884.00 252.00 228.00 491.00 .._ . 1,518.00 :.759.00 INSTITUTIONAL College/University8 Private School8 Church Student 7 ;,=1000sgft. 1000 sq ft 50.00 125.00 INDUSTRIAL9 The connection fee for an industrial discharger will be calculated by the Los Angeles County Sanitation Districts based on projected wastewater quantity and strength contained in the Application for Permit for Industrial Wastewater Discharge and you will be billed separately. Please refer to the Instructions for Completing the Application for Sewer Connection. 1 Bakeries which sell the majority of their products off-site and have wastewater flows greater than 500 gallons per day are classified as industrial waste dischargers. 2 Centralized food processing facilities for distribution to supermarkets are classified as industrial waste dischargers. 3 Laundries which are not coin operated are classified as industrial waste dischargers. 4 Radiator shops are considered industrial waste dischargers. 5 Warehouses which store hazardous chemicals and have floor drains are classified as industrial waste dischargers. 6 Facilities with swimming pools open to the general public are classified as Industrial waste dischargers. 7 Hospitals which provide acute care service are classified as industrial waste dischargers. Senior citizen housing with individual cooking facilities are classified under the 5 units or more residential category. e Student residences are classified as rooming houses unless individual units have separate cooking facilities in which case they are classified under the 5 units or more residential category. 8 Industrial waste dischargers can estimate the connection fee due using the following formula: Connection Fee = 675 [0.0024 (Flow) + 0.1414 (COD) + 0.4449 (SS)] where Flow = Projected average wastewater flow rate in gallons per day (gpd). COD = Projected chemical oxygen demand (COD) expressed In pounds per day, to be determined by multiplying the anticipated COD concentra- tion in mg/I by the flow in gpd and by the conversion factor 0.00000834. SS = Projected suspended solids (SS) expressed in pounds per day, to be determined by multiplying the anticipated SS concentration in mg/I by the flow in gpd and by the conversion factor 0.00000834. This calculation is only to be used for approximating the amount due; the actual connection fee will be determined by the Los Angeles County Sanitation Districts. BOUNDARY MAP SOUTH BAY CITIES SANITATION DISTRICT VIP IL Ifauna° E L SEGUNDO ROSECRANS r.. z - 0 m 0 MANHAT BEAC HERM BEA Q, cc e a A ii -b A TAN ,CENTER • 0 0 ILvo AVE n S '3 I ) N! •it 0 ° ,te t. 1. V44 MIL, ' T0RRANCE' te. .f t paH.f1A p.vo. J m L.A. Cow Of I. f1O Burp REDO C BEA �f C, A. Co. Est, iae,. J° L.A. Co. BL. SEPULVEDA tatgs 9- U z o 0 1- L. L. q. -N Wiry Rolling Hills Estate3N v VIA LAS VEGAS ADDENDUM Follow-up to other Councilmember concerns What is a fair amount to charge for an in -lieu sewer fee? Based on a $30 million replacement cost, a method is available to calculate a proportionate share to replace the sewer system due to impacts. Ordinance 84-762 allows for recovery of costs reasonable borne and for the project on Fifth Street the cost is calculated as $12,901.24. I believe the question of "fairness" is a policy matter best handled by Council. It is apparent that if the fees are very high they can act as an economic control over development in the community, by adding to the cost of those developments that intensify land usage. Who is going to pay for the replacement of the sewer system? Residents, property owners and developer all pay for the replacement. The attached pie charts illustrate the capital plus 0 & M (operations and maintenance) needs for sewer replacement over a 20, 30, and 41 year periods. For the purposes of illustration and ease of arithmetic, I have shown capital plus 0 & M as $30 million. In actuality, 0 & M is in addition to capital. In FY 86-87 0 & M is budgeted at $105,615. By including 0 & M as part of the total the arithmetic is easier to see. The chart below tabulates the method of calculating the replacement cycle. Replacement Cost $30 Million $30 Million $30 Million $30 Million Annual Funding Level Replacement Cycle $ 500,000 $1 Million $1.5 Million $2 Million 60 30 20 15 years years years years The goal (in meeting the City sewer needs) is to reduce the unfunded amount to zero, increase the other revenue sources by a proportionate amount equal to the unfunded, or alter the replacement cycle. For FY 86-87, it is calculated with the current -revenue level, the City sewer system is on a 41 year capital and 0 & M replacement cycle. $30 million - $730,094 @ year = 41 years Will the impact of this development's wastewater cause the sewer system to fail? No, this particular development will not cause a failure of the sewer system, but the cumulative effects of this and all other future development have the potential of exacerbating and adding to the continued deterioration of the system. Res•ectfully submitted, OIAA, Atia/.4 dAtimteti24 Ant ony Antich Director of P • is Works AA:mv add/m 2 SEWER FUND ESTIMATED CAPITAL PLUS O&M NEEDS $30 MILLION FY85-86 Unfunded 6t6% 923500 UUT 29.3% 440000 In L1eu Sewer 4.8% 72360 Sewer Connectl 1.8% 27477 Sewer Lateral 1.2% 17636 Budgeted Tranf 1.0% 15330 Interest Incom 0.1% 2032 Sewer Demolitl 0.1% 1665 ANNUAL $ NEEDED TO REPLACE ON 20 YEAR CYCLE : $1.5 MIWON • SEWER FUND ESTIMATED CAPITAL PLUS O&M NEEDS $30 MILLION In L1eu Sewer 7.2% 72360 FY85-86 Unfunded 42.3% 423500 Sewer Connect) 2.7% 27477 Sewer Lateral 1.8% 17636 Budgeted Tranf 1.5% 15330 Interest Incom 0.2% 2032 Sewer Demolitl 0.2% 1665 UUT 44.0% 440000 ANNUAL NEEDED TO REPLACE ON 30 YEAR CYCLE : $1 MIWON SEWER FUND ESTIMATED CAPITAL PLUS O&M NEEDS $30 MILLION Budgeted Trani 6.6% 99005 FY86-87 UUT 37.7% 665000 Unfunded 51.3% 769906 Sewer Connect) 1.7% 25000 In Lleu Sewer 1.5% 22000 Interest Incom 0.7% 10000 Sewer Lateral 0.5% 7889 Sewer Demolltl 0.1% 1200 ANNUAL $ NEEDED TO REPLACE ON 20 YEAR CYCLE : $t5 MIWON SEWER FUND ESTIMATED CAPITAL PLUS O&M NEEDS $30 MILLION Budgeted Tranf 9.8% 99005 FY86-87 Unfunded 27.5% 276990 UUT 56.1% 665000 Sewer Connect) 2.5% 25000 In Lleu Sewer 2.2% 22000 Interest Incom 1.0% 10000 Sewer Lateral 0.8% 7889 Sewer Demolltl 0.1% 1200 ANNUAL $ NEEDED TO REPLACE ON 30 YEAR CYCLE : $1 MIWON SEWER FUND ESTIMATED CAPITAL PLUS O&M NEEDS $30 MILLION Budgeted Tran 13.6% 99005 FY86-87 Sewer Connect! 3.4% 25000 In Ueu Sewer 3.0% 22000 Interest Incom 14% '" 10000 UUT 77.4% 565000 Sewer Lateral 1.1% 7889 Sewer Demolitl 0.2% 1200 ANNUAL $ NEEDED TO REPLACE ON 41 YEAR CYCLE : $730,094 200 150 100 50 0 Dwelling Unit History 1979 to Present Dwellings Dwellings Built . Demolished ..:: tip•::::;•;>: Dwelling units a. a,, X AV i r4- 1979 1980 1981 1982 1983 1984 Calendar Year 1985 1986 1987 DWELLING UNIT HISTORY 1979 TO PRESENT YEAR DWELLINGS BUILT DWELLINGS DEMOLISHED NET CHANGE 1979 100 13 +87 1980 53 24 +29 1981 84 43 +41 1982 35 24 +11 1983 31 5 +26 1984 57 19 +38 1985 104 14 +90 1986 178 78 +100 1987* 47 16 +31 TOTAL +453 * As of 5/7/87 Prepared by the Department of Building and Safety on 5/7/87 K. OTHER CONSIDERATIONS SEWER: The City of Hermosa is currently completing a major rennovation of the sewer lines serving the project site. The Department of Public Works has determined that sufficient capacity will be in place prior to the opening of the project. The project shall pay its pro—rata share of such improvements, as determined by The Public Works Department. - WATER: The Department of Public Works has recommended that water pressure to the site be increased. Applicant has agreed to increase line flow to the site. This will most likely entail increasing the pipeline under PCH currently crossing at 16th Street. Such work will be undertaken at project expense and shall be subject to approval by The Public Works Department and Cal Trans. a • /{) 7% e Fe -r•Jf x /(7 - C��, 3c, Seo x 11 _ /°?c q� 1 '. ((7 = 1Lb ,1 .5'03 1-06/ 3 (o 3 , / [ �� <� (17 _ I( 382) �V, , , a7 7( iso (4 117_ ^ D:( `� Al4k47_ 4i$M111101010 "•‘14' 3 8, ca - S31 "[ X S 4/7/71i*gitare- 4/ 1103 't• /3623, Asn- (m/&- ° :117 # &71 S(o 9a3 ' x 1/ 7 = /0? '77 1 /40' " ((7 = tL 3f‘b 110 ,. < < _ 1(42 3 8D (17 7/1 ctS70 117 D-( 3cl 8,o,ct 363 1g- -AZfrA'kz, 41U011114116 C3( LOS" tit-i)ovb aitg fu#Iiurtte SEWER CONNECTION CHARGE BUILDING ADDRESS LEGAL OWNER MAILING PHONE ADDRESS USE OF BUILDING mined by adding the peak flow of the various occupants r .� ... .. ., ---.- Occupancy Type of Unit Peak Flow Per Unit Charge Per Unit No. of Units Amount of Charge Residence Dwelling Unit 600 gal. 140.00 Hotel, motel Hotel room, apt. 600 gal. 140.00 Bar, Cocktail Lounge 15 sq. ft. seating area 60 gal. 14.00 Industry, no water processes 1,000 sq. ft. floor area 1800 gal. 420.00 Medical Office 1,000 sq. ft. floor area 900 gal. 210.00 Restaurant 15 sq. ft. seating area 150 gal. 35.00 Auditorium 7 sq. ft. seating area 15 gal. 3.50 Hospital Bed 1500 gal. 350.00 Elementary School Student 27 gal. 6.30 Other Schools Student 75 gal. 17.50 Outdoor Restaurant 1,000 sq. ft. floor area 900 gal. 210.00 Warehouse 1,000 sq. ft. floor area 75 gal. 17.50 Store 1,000 sq. ft. floor area 300 gal. 70.00 Laundry, (Automatic) Machine 225 gal. 52.50 Church 1,000 sq. ft. seating area 600 gal. 140.00 Other Office 1,000 sq. ft. floor area 600 gal. 140.00 Note: All other uses to be computed at $23.30 per 100 gal. peak flow. SUBTOTAL LESS CREDIT TOTAL SEWER CONNECTION FEE $ $ , I hereby acknowledge that the above information is correct to the best of my knowledge and that I am the legal owner or authorized representative of the above-described property. SIGNATURE OF APPLICANT CITY ENGINEER By Date CITY ENGINEER'S COPY SEWER USE FEE RE E PT Department of Community Development 1400 Highland Ave, °City of Manhattan Beach 545-5621 Ordinance No, .17425, effective August 15, 197, amended pec. 5-X5.106 of the Man- hattan Beach Municipal Code to require that the following fees shall be paid as part of any building permit as sanitary sewer use fee. Sanitary Sewer Fees Job Address: Permit No, Sewer connection hookup fee for any physical connection e sanitary sewer ,system located on public property or property which is to be dedicated for public use $403..00 Address: Telephone No. The following fees shall be 'paid for each new plumbing fixture unit in- stalled as tributarjes to the Pan-'" tary sewer system. The feed shall be $8.65 for each fixture unit use as provided in Table 1.p, uniform Plumbing Code, 1982 : No.of No. Fixture Units x Added x Cont,ractor'r Lavatory S Address:. Tel. No, water closet (flushometer valve) Bathtub (with or without shower over Shower(each head Sink or dish- washer Laundry tub or clotheswasher (each pair of faucets) House trailer (each) Total fee - Acct. 18-85 Sewer Use Fee Receipt Rev. March 1987 City Lic.'# VALIDATIQN. 1400 Highland Ave, SEWER USE FEE RECD PT Department of Community Development City of Manhattan. Beach 545-5621 Ordinance No, 1425, effective August 15f 1975, amended Sec. 5-5.1Q6 of the Man- hattan Beach Municipal Code to require that the following fees shall be paid as part of any building permit as sanitary sewer use fee. Sanitary Sewer Fees Job Address: Permit No. 'Sewer connection hookup fee for any physical connection to the sanitary Sewer system located on Public property or property which is to be ,ded) Gated for public use $403.00 .- The ollowing fees shall be paid for or leach pew plumbing fixture unit in- _ s'talled as tributaries to the aanin- tary 'Sewer system, The fess shall be $8.65 for each fixture unit use as provided in Table 10, Uniform Plumbing Code, 1982: Fixture Lavatory, No.of No. Units'x Added x Fge 1, 8.65 Sizk (bar) Water closet (flush tank) $.65 Water closet (flushometer valve, 8,65 Bathtub (with or without shower over 8.65 Shower(each head Sink or dish- washer Laundry tub or clotheswasher (each pair of faucets) 8.65 8.65 House trailer (each) 8.65 Total fee - Acct. 18-$5 Sewer Use Fee Receipt Rev. March 1987 Owner: AddrePS; Telephone Contractor - Address: Tel. No. City Lic.#k VAX.IUATION 1 2r 3 4 5 6 7 8 9 10 11 14 15 16 17 18 19 20 21 22 23 24' 25 26 27 28 RESOLUTION NO. 86- 4973 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, `CALIFORNIA, CONCURRING WITH THE PLANNING COMMISSION'S RECOMMENDA- TION TO CERTIFY THE ATTACHED NEGATIVE DECLARATION WITH MITIGATION MEASURES FOR THE PROPOSED DEVELOPMENT AT 1617 PACIFIC COAST HIGHWAY. WHEREAS, the City Council held a public hearing on this mat- ter on August 12, 1986 and made the following Findings: A. The size and shape of the property is adequate for the pro- posed development; B. The proposed development is consistent with the General Pian; C. The imposition of conditions and mitigation measures will minimize any significant impacts; ----- NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hermosa Beach does hereby concur with the Planning Com- mission's recommendation to certify the attached Negative Decla- ration with mitigation measures for the proposed development at 1617 Pacific Coast Highway. PASSED, APPROVED and ADOPTED this day of 12th of August 1986. A Jr PRESIDEN o t e ity Council an MAYOR o he City of -E-5: sa Ho- sa Beach, Calif. nia. ATTEST: ) CITY CLERK PPROVED AS 70 ORM // �l /6 _Lir ,',-=) ' CI Y ATTORNEY / 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF HERMOSA BEACH ) I, KATHLEEN MIDSTOKKE, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Resolution No. 86-4973 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 Yield at the regular meeting place thereof on August 12, 1986. The vote was as follows: AYES: Cioffi, Rosenberger, Simpson, Mayor DeBellis NOES: Williams ABSENT: None ABSTAIN: None DATED: September 16, 1986 Kaq= Midstokke, City Clerk ACTIVITY IDENTIFICATION 1. ;, Location a. Address: 1617 Pacific Coast Highway b.. Legal: Lots 13 & 14, Block 81, 2nd Addition to Hermosa Beach Tract. 2. Description 80,000 sq. ft. complex, including a retail floor of approx. 25,000 sq. ft., a restaurant floor of approx. 27,000 sq. ft., and a 1500 seat complex. 3. ;,Sponsor ',a: Name: Joe Langlois, Developers Equities Inc. b. Mailing Address: 1880 Century Park East, #300, LA, CA 90067 Phone: (213) 277-9696 NEGATIVE DECLARATION In accordance with Resolution 79-4309 of the City of Hermosa beach, which im- plements the California Environmental quality Act of 1970 in Hermosa Beach, the Environmental Review Committee must make an environmental review of all private projects proposed to be undertaken within the City, and the Planning Commission,must make an environmental review of all public projects proposed to be undertaken within the City, which are subject to the Environmental quality Acct. This declaration is documentation of the review and, if it be- comes final,,no comprehensive Enviromnental Impact Report is required for this4d pro7e{crt. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE We have undertaken and completed an Environmental Impact Review of this pro- posed project in accordance with Resolution 79-4309 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environmental Impact Report because, provided the attached mitigation meas- ures are included in the project, it would not have a significant effect on the environment. Documentation supporting this finding is op file in the Building Department. v ' June 5, 1986 Date:of .Finding Chairman, Environmental Revie C ittee FINDING OF THE PLANNING COMMISSION We have 'undertaken and completed an Environmental Impact Review of this pro- jec.t'in accordance with Resolution 79-4309 of. the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environ- mental Impact Report because, provided the attached mitigation measures are included in the project,_it would not have a significant effect on the en- vironment., Documentation supporting this finding is on file in the Build- ing tDepartment. 'July 15,1986 Date,of Finding Chairman, Planning Commission FINDING OF THE CITY COUNCIL We have. undertaken and completed an environmental Impact Review of this pro- posed project in accordance with Resolution 70-4309 of the City Council of Hee'mo's110a'bh, and find this project does not require a comprehensive En- vironmental. Impact Report because, provided the attached mitigation meas- ures;are,included in the project, it would not have a significant effect on the, environment. Documentation supporting this finding is on file in the Building Department. � .-� „ /j 0 es7-- /a4C Date of Finding Mayor, Herm sa Beach City Council MITIGATION MEASURES INCLUDE ATTACHED EXHIBITS A AND B. 4. EXHIBIT A FINAL CERTIFICATION OF NEGATIVE DECLARATION APPROVED BY HERMOSA BEACH PLANNING COMMISSION on JULY 15, 1986 STATEMENT OF NEGATIVE -DECLARATION OF ENVIRONMENTAL IMPACT AND PROPOSED MITIGATIONMEASURES Regarding: TILE HERMOSA OCEAN CENTER Pacific Coast Highway and 16th Street Hermosa Beach, California APPROVED BY THE HERMOSA BEACH CITY COUNCIL AUGUST 12, 1986 JUN 1 2 1986 • � C MODIFICATIONS TO STATEMENT OF NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND PROPOSED MITIGATION MEASURES The following changes have been proposed in The Hermosa Beach Pavillion subsequent to staff review: 1. Project square footage reduced from approximately 80,000 square feet to approximately 71,200 square feet. 2. Project will consist of 2 floors instead of 3. A ground floor of 24,202 square feet and a second door of 47,071 square feet. 3. No driveway entry will be allowed into the parking structure off of Pacific Coast Highway. 4. Project square footage has been reduced but total parking has not. Therefore, the over-all parking ratio, without parking plan consideration is 7.61 per 1000 square feet. 5. Evening parking available for theatre and restaurant usage will be 11.49 per 1000 square feet. 6. Total parking will remain 540 cars. 50 spaces provided will be tandem. 16 spaces will be exclusively valet. f INTRODUCTION This Statement of Negative Declaration of Environmental Impact and Proposed Mitigation is submitted relative to a neighborhood shopping center, proposed by Developers Equities Inc., and The Langlois Trust with offices located 1880 Century Park East, Los Angeles, California. This project requires no variances or discretionary approvals relative to the general plan, local coastal plan or municipal zoning ordinances. The project will submit a parking plan as provided for in Hermosa Building code Section 1170 and will apply for necessary Conditional Use Permits. The City Planning Department. implements the process by which environmental review is required, reviewed and implemented pursuant to the Hermosa Beach Municipal Code. In accordance with these procedures, the Planning Department has undertakenan environmental assessment of the projects .potential impact- profile and has determined that in light of the extensive mitigation measures proposed, there will be no significant environmental impact caused by the construction of the project. The City Planning Department has required the development of mitigation measures sufficient to negate any significant environment impact in rhe following areas: * Transportation * Noise * Parking * Light * Topography ii - SVS VENTURA COUNTY Etta SANTA MONICA MALIBU SAN FERNANDO 210 GLENDALE PASADENA 134 270• MOUNTAINS 60 10 SANTA MONICA - PACIFIC OCEAN SIT HERMOSA BEACH REDONDO BEACH LONG BEACH Regional Location HERMOSA BEACH -44 iLlil:L1.1 -1 -1 i• I' -1 _ EL SEGUNDO POI KO A, 1ANHATTAN BEACH 1255, :00' )85. u.• w • r ... • h .�.... ..Y ..I a, .W..M rW.IN..l•- •.y,L.. F.. ,...q/:/YIIVAR.JI hm assessment of units in 11p. 101 lowing (.naenle PI.r.. Includes all rughls and Inlr esis areas n> s:1 1(.• lb 4 ne:rdl. •. i, .•e'. Cunaumieluw RI le• �.rr [.Wane A p. r,p 1 Nr al:. 1..I, en 15. 45310 0-23-7h .11NIS iun n Inc Common ,SubdivIsI,m Irl AI rude.• SI ly, 7 t 3 7 Z 1 CODE 4340 fO* PF[V. ASSMT. SEE: 160-13 a• SPRI pvEE�-�o s F CONDOMINIUM TRACT, NO. 31q15 M. B. 863 - 74 - 75 SECOND ADDITION TO HERMOSA BEACH PARCEL MA P FM. 53-46 M.B. 3-11-12 The purpose of this document is to provide objective planning information to assist City Staff, Planning Commission, The City consideration of this project. the Environmental Review Board, The Council and The Public at large in their DESCRIPTION OF THE PROPOSED PROJECT LOCATION AND SETTING A. LOCATION AND SETTING The proposed project would be located in the City of Hermosa Beach on an approximately 87,000 square foot ("sq. ft.") site bounded by Pacific Coast Highway (Highway 1) on the east, 16th Street on the south and existing residential condominiums on Ythe north and west. To the south across 16th Street is a recently constructed 5.5 acre shopping center. (See Exhibit "1"). The sight known generally as the "Priamos Property" is presently 80% raw land. The balance of the site contains the house of the owner and two small commercial buildings fronting on Pacific Coast Highway. The only existing tenant of the commercial buildings is Priamos Flaist which is operated by the owner of the site. The entire project site commercial district. The single non -conforming use is that of the home of the owner of the site. The site has been zoned C-3 since 19 The skte s. isnow zoned C-3, the city's general is characterized by a natural East to West fall c EXHIBIT 1 R VIEW ACCROSS SITE OF CONDOMINIUMS TO THE WEST r. rn .442 •L`:•,•L��'34r�+ 3•'17`".L' r� • im;-^.y<+r..��. ..". .ateIIL�....� .��►�`'-�` �•`�. �,,.i�:'!_.'v +sJrw�.. +y.•�.-.:=+'y`�w;.i-�.r..i,+�--'����:r-r. -"4:fx`- .. L�a-.."'1„a2.'-%;o t iS.. r'='—="-'•,�'._;�:.e .+��y/•' �yf✓o�`�'-�-=rr''-�. - • -- F=�,a: �s' 't-:�� .• Ajn3 : `_�",aY.. '�..aer �';;,y�^�.,,�'►a',.ls+. _ . l�.ri .4� ..'`-. ."{fes. -a .,eqr l' v-tC�;,•.1;:.pr`-�`a.i�rr V 5 _ v' � �...-... 1-% � •Kim+•,,,. _ +y±-. rim. •:- `-aY Yti4'r ..e �':y •i"� -'.,:i^" VIEW TO NORTH-EAST OF EXISTING HOME AND OF CONDOMINIUMS TO THE NORTH c EXHIBIT ( c View East on 16th Street. Site is on left. Plaza Hermosa is on right. View shows required widening of 16th street. View across Pacific Coast Highway of existing commercial uses and condominum to the north. B. PROPOSED IMPROVEMENTS The size and zoning of the property allows for the construction of approximately 340,000 sq. ft. in 4 floors with parking provided on-site in accordance with the Hermosa Beach code. The proposed project will consist of approximately 80,000 sq. ft. (gross floor area) of general retail, food service and movie theatre use. An FAR ratio of less than 1-1 will be created and will utilize approximately 25Z of the buildable area allowed by zoning. The center will be designed with a mediterranean theme complimentary to the adjacent Plaza Hermosa to the south. Extensive landscaping, setbacks, high quality materials and escalators serving all levels of the center will create a sophisticated environment. To take advantage of the natural slope of the project, a partially subterranean parking structure will be built to the west. The parking garage will be capable of accommodating up to 540 cars. The project will consist of 3 floors, each containing approximately 27,000 sq. ft. of gross floor area. The ground floor will contain generalretail of not more than 25,500 sq. ft. The second floor will contain food services of not more than 27,000 sq. ft. The third floor will contain a movie theatre and lobby area of not more than 1500 seats. C. PROJECT OBJECTIVE The applicant's objective is to successfully develop, lease and operate a neighborhood shopping center on the project site. The center is intended to serve the needs of local Hermosa residents who currently face a shortage of retail stores, restaurants and first run movie theatres. The intent of the applicant is to design a project that will compliment the adjacent Plaza Hermosa, while simultaneously providing distinct retail services. This type of project is within the existing and anticipated land use profile. As in all such cases, the applicants seeks to construct the project in such a way as to achieve a reasonable return on investment. sales The project should generate in access of $220,000 per year in tax revenue directly to the City of Hermosa Beach general fund. In addition, the project will generate employment in a variety of age groups for both full—time and part—time employment. • c E. TRANSPORTATION Major arterial access to the project site would be provided by Pacific Coast Highway (PCH) located along the eastern boundary of the site. Also serving the site is 16th Street. PCH is designated as a major arterial highway providing 100 feet of right-of-way. In the immediate site area, this roadway provides two lanes of travel for both northbound and southbound traffic. Modifications to the striping and lane systems of PCH and Pier Avenue have already been made to accommodate the adjoining Plaza Hermosa. Pier Avenue is designated by the City of Hermosa Beach as an arterial highway providing 80 feet of right-of-way. This roadway provides two lanes of travel for eastbound and westbound traffic volumes. Its intersection with PCH is signal controlled. Ardmore Avenue is a Master Planned Collector roadway -L. Near the site area, this roadway is a two-lane street with restricted curb parking. The intersection of Pier and Ardmore Avenues is controlled by a 4 -way stop. - • Sixteenth Street is a local roadway situated along the north..f project boundary and has a Master Planned right-of-way width of 40 fleet. 10 • y MITIGATION MEASURES Applicant has agreed to dedicate to The City of Hermosa Beach a full deceleration lane along PCH, (of not less than 12 ft. in width) continuing onto 16th Street. The project shall construct the deceleration lane with a turning radius of not less than 25 ft. at the corner of PCH and 16th. The project may utilize a curb cut on PCH for entrance to the project only. The newly created deceleration lane will remove vehicles slowing down to enter the project from ongoing PCH traffic. The entrance only on PCH will preclude left hand turns across PCH by those exiting the project. The applicant also has agreed to support 16th Street becoming restricted for left hand turns on PCH during peak commuter hours. Applicant also agrees to widen 16th Street to a full 46 feet at the expense of the project. This widening will require a dedication of 6 ft. to the City of Hermosa Beach. In addition, the following City intersections will be impacted by this development: (16th Street and Pacific Coast Highway will be reviewed by Caltrans) 1. Valley/Ardmore and Pier Avenue 2. 16th Street and Ardmore The mitigation measures as proposed may be adequate. However, in light of the city's ongoing evaluation of the Pier Valley and Ardmore intersection, they should be evaluated. 11 c Developer shall post a faithful performance bond in the amount of $43,000 guaranteeing future improvements to the impacted intersections. Said bond shall be posted within two months of City Council approval of public financing of the project. Said approval is scheduled before July 31, 1986. a. The breakdown of the $43,000 shall be as follows: Traffic Engineering $ 3,000 Improvements 40,000 Total $43,000 The amounts may be adjusted, but in no event shall the total exceed $43,000. The City shall be authorized to draw on the bond to pay for cost after said bond is posted. The traffic engineering shall be performed before May 1, 1987. The cost for said engineering shall be paid for by the developer and performed by the City Engineer or his designee. Suggested improvements to be budgeted within one (1) year o completion of the engineering. In addition, staff strongly recommends' that the City Council, proceed with the improvement of the Pier and Valley Ardmore 'intersection now budgeted for fiscal year 1987. F. NOISE The project has the potential to generate an increase in noise to surrounding uses from the operation of motor vehicles, restaurants and the addition of foot traffic to a predominantly unused site. The project site has been commercially zoned for many years and commercial usage has been incorporated into the general plan for a similar period. MITIGATION MEASURES: Applicant agrees to conform to all applicable nuisance and noise statement regulations within the City as well as any conditions attached to conditional use permits required by project tenants. Construction shall conform to all applicable codes. An Acoustical Engineer shall provide data indicating that noise from the development shall not exceed a level of 50 DBA. In addition, applicant agrees to "roughen" concrete surfaces within the parking garage so as to minimize tire noise. Additionally, no openings from the garage shall abut residential uses. Finally, a parapet wall shall be constructed to minimize noise escape from the roof of the parking structure. Any fan or venting will be directed. way from adjoining residential uses. A transparent shield will be placed along the perimeter of all decks adjoining residential uses. Extensive landscaping will be installed within the required setback areas between commercial and residential uses. Signs will be posted~ within the parking garage reminding patrons to be considerate of neighboring properties. •.t ifi Y �gAM;n ilti�Y +.c�e63FitH�` =i .. • G. PARKING The project, as proposed, will be a self—contained entertainment, dining and retail neighborhood shopping center. The site is the sole remaining commercial site of significant size that remains largely undeveloped in Hermosa Beach. The Hermosa parking code was recently revised in significant part. A new section dealing with shopping centers in excess of 10,000 sq. ft. was adopted. It reads in part: Section 1170 Subject - to approval by the -Planning Commission as prescribed in Section 1169, required parking spaces for various uses may be reduced in number and computed at one space per 250 sq. ft. of gross floor area when parking is consolidated in retail shopping centers over 10,000 sq. ft. in size... A further section establishes that the Planning Commission shall consider, among others, the following factors when r-eviewing parking plan: a 1. Van Pools 2. Bicycle and foot traffic 3. Common parking facilities 4. Varied work shifts 5. Valet parking 6. Unique features of the proposed uses 7. Other methods of reducing demand. !Mtn T ;:tea y to y 1; 'mac-S�t" a4{i • MITIGATION MEASURES: The proposed project will be built on PCH and will lie outside of the area normally used for beach parking. The site is not within the coastal zone for purposes of the California Coastal Act. The project will incorporate all of the factors set forth above except number one. The project will be approximately 80,000 gross sq. ft. The provisions of the newly amended code regarding shopping centers in excess of 10,000 sq. ft. requires the provision •of 320 parking spaces. Applicant will provide 540 parking spaces.. • 2. Bicycle and Foot Traffic Applicant shall provide not less than 50 spaces for the parking of bicycles. It is anticipated that a significant number of persons using the theatres during weekends and summers will be aged 13 — 18 who will arrive by bicycle if secure parking is arranged. In addition, the heavy usage of theatres by adolescents of less than 16 years of age will cause a significant number of patrons to be • "dropped off" by an adult guardian. This process will be facilitated by the creation of the deceleration lane on PCH and on 16th Street. Lastly, it is expected that the creation of the project adjacent to-� the Plaza Hermosa will create a desirable destination that will attract significant foot traffic from the densely populated residential areas that adjoin the project. For example, the recently opened Marie Calendar's Restaurant has successfully attracted patrons. arriving on foot. 3. COMMON PARKING FACILITIES As described by the Urban Land Institute the proposed project qualifies facilities. attracting for a designation as incorporating common parking That is, uses such as restaurants and theatres will be patrons who will make use of more than one facility within the project. In addition, because retail activities will be slow at night, the theatre usage at night can be accommodated. A variety of restaurants will find individual emphasis on breakfast, lunch or dinner specialties. The 4 parking spaces per 1000 sq. ft. of use in this type of center has been validated by study. The total provision of space within this project will -"be approximate 6,.7 parking spaces per 1000 sq. ft. Demand for retail parking has been shown to be virtually non-existant peak between and during evening hours. 8:00 - 10:00 p.m. It is restaurant during evening Restaurant parking demand will therefore expected that theatre patrons will make use of available retail parking hours. DURING THE PEAK EVENING DEMAND PERIOD THE PROJECT WILL PROVIDE 540 SPACES FOR THE APPROXIMATELY_ 54,000 SQ. FT. OF RESTAURANT AND THEATRE USE FOR A PARKING RATIO OF 10 CARS -PER 1000 SQ. FT.' OF BUILDING. This ratio has been determined to provide sufficient parking in urban areas comparable to Hermosa Beach.,,(as per "Shared Parking" a study conducted under' the direction of thea; Urban Land Institute). 16 4. VARIED WORK SHIFTS As per 13 above, work shifts as between theatre, retail and restaurant will shift throughout the day and on days of the week. For example, peak evenings for theatre usage are also the most likely to result in dual usage of restaurants and theatres and least likely to result in retail usage. 5. VALET PARKING Applicant agrees to provide valet parking during peak demand hours. Valet parking is a natural component to the full service restaurants planned. Use of valet parking will increase available parking from 500 cars to approximately 540 cars. 6/7. UNIQUE FEATURES/OTHER METHODS Finally, the project will utilize controlled access through an automated entrance and manned exit gate. There will be no charge for those patrons obtaining a merchant validation. Charges for non—patrons will be set so as to discourage beach or casual use. The project site 'is located on Pacific Coast Highway which is a major Rapid Transit District transit corridor. A bus stop' is currently located at the site and will be replaced at the site. The --- Urban Land Institute studies indicate that approximately 15% of patrons will arrive by a combination of public transit, foot or.-. bicycle. Y c H. LIGHT The project has the potential to incrementally increase the quantity. of light projected onto properties adjoining the site. Both PCH and 16th Street are illuminated by overhead polemounted illumunaries. Substantial light is currently generated by existing lighting on PCH and from the adjoining Plaza Hermosa. MITIGATION MEASURES: Within the parking facility, the project shall install lights with the appropriate side shielding. The prohibition on garage openings adjacent to residential _uses shall minimize light escape. Finally, extensive landscaping incorporating fast growing trees shall be utilized within the setback areas between the commercial and residential uses. 4 • I. TOPOGRAPHY Existing topography on the project site is characterized by a natural _fall from northeast to southeast. With a high point of 101.5 feet above sea level at the corner of Pacific Coast Highway (PCH) and Sixteenth Street,_ the site falls a maximum of approximately 30 feet to the western edge of the site. This natural topography has also been subjected to modifications in conjunction with existing improvements: Road cuts, leveled areas and retaining walls have been constructed in conjunction with the current improvements. Neither the site's remaining natural terrain nor the man made modifications are believed to represent topographic conditions which are either unique or highly valued in the Hermosa Beach community. 19 MITIGATION MEASURE: No extensive. charge of site grade. The project site plan has been developed to conform with existing topography to a maximum extent. Nevertheless, some ecavation and some filling will be necessary to accommodate the proposed concept. The grading plan is being designed to balance, however, so that no net export or import of graded materials should be necessary. For the most part, the proposed structures along PCH will be sited at or close to existing grades. Although the presence of new building masses at the project site certainly will alter its current visual character, the proposed project is not expected to adversely alter existing site topography. 20 • J. AESTHETICS The project represents a significantly less dense utilization of the site than is allowed by code. The project incorporates approximately 25% of the buildable envelope of the site. The project will conform to all height, floor and setback requirements. The project will exceed setback requirements, install extensive landscaping and provide a new turn -out lane for easy access. The projects mediterranean theme will compliment both the adjoinng Plaza Hermosa and the surrounding community. The use of spanish tile, pastel plaster and glass escalators will create a unique, compatible and high quality environment. • POLICE/FIRE: A well managed shopping center of this type should not present a significant burden to Hermosa Beach Police Resources. The project will self regulate parking control. The positive financial impact of the project should more than compensate for any additional burden placed upon the city. The project shall construct a sprinklered building and shall install an alarm system acceptable to the Hermosa Beach Fire Department. Specific police and fire concerns will be more appropriately considered at the time of the application for conditional use permits for the individual tenants. The Police Department will require the ability to obtain immediate after—hours access to the parking structure.— The Police and Fire Departments endorse the incorporation of the proposed parking review of 16th Street and Ardmore in conjunction with the evaluation of Pier and Palley—Ardmore. UTILITIES: Project shall pay for the undergroundings of utilities along 16th Street as directed by the City of Hermosa Beach. - GROWTH INDUCEMENT: The proposed project will largely depend upon and will be— largely limited to the demand for commerical goods and services already generated by the existing community. Moreover, as `a community, Hermosa Beach is fully developed and maintains very little - growth capacity. Therefore, because of existing development and the lack of additional development sites, this project is expected to - have little or no impact on growth inducement of commercial or "residential uses. EXHIBIT 3A 11/4 c VIEWS OF POSTING OF NOTICE OF STAFF REVIEW _.{,�1: 5_jV /_-1+, •'- E; Y�- {e�-,.. Lw.�Sti- 1w /.F. L•_ 1_'t-~. -T"". J.L�� C C t.--""----,•-•-"'' _ .a -.✓Jru7iY - - .c..._ - .. .s- ,.a s:!.P.,,, ._.• �'",y!f� �;_. Jam•- • 2 ,.. t•.T. ,, ,--- rte •}' . 147„•. +.=a✓ _ '_„3' }'.. 7�=—_ja' �-• ,7-,':•.....1,t,,. ', - 13 • 1� Fs "• .".1/4:•---,---___ C• V ; T'7' � /lam'"_ —i+ ,e, -- - • 'y) a1 y -ti -':,,mo i.•'. t _l 7' - -lea �•L.<.. ,t+• `� -rte `?•—,��:- .-- - �A +L .0....1...e.?_;;.,...>. •-,.;-;-:.ti..L '4. 3.:-4:.,.;7.7 J. s47 -^r::: • 3' yCQ%,F ,:2 .•sS: a. . ... ta=r:T►... -' ..�r. W:.4'...,.......71. -..r.--' . =4in •,•/1 -l -- ti i�Y.: -- -' • t t' '"C1i�y^v1.+" ....;....girt, • : s 'ii:,:iFti:'.`-- `+e+.S s:�+'. ''v !7 ric, J.1t �ti„%pft• ��r?.._r" Y ^"--..-- •I"x .,rw'. _'�..')s�da":L,, ~ ,i.! ._: S Jit .7T•K•;. �.:i..:Gt. 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The theory behind a parking plan incorporates the concept of shared parking. Shared parking takes two forms. First, an assumption is made that different types of uses will generate demand -at different times. For example, retail sales peak during the early afternoon while restaurants and theatres sales peak during the evenings. Studies have demonstrated that different uses can utilize the same parking space at different times of the day. A classic example is that of the empty office building garage after 7 p.m. A restaurant should be able to efficiently utilize those spaces in the evening. Second, an assumption is made that at mixed use destinations, not all of the center will be fully occupied and that one shopper will be visiting more than one store during the stop. In the case of this project, some number of people will be in the restaurant and going to a movie. The Urban Land Institute recently conducted a study entitled "Shared Parking". The study stated in part: "Most recently a study of 135 shopping centers confirmed the ratio of 5.0 spaces per 1000 s.f. of GLA for centers larger than 600,000 s.f. and recommend a ratio of 4.0 for centers having between 25,000 and 400,000 s.f...." The U.L.I. study went on to include significant restaurant and theatre usage. The study concluded that peak provision of theatre parking should approximate 1 space per 4 seats. This is especially true for multiple screens as full capacity is less likely. The U.L.I. suggests that entertainment complexes of the type proposed should provide approximately 10 spaces per 1000 s.f. The following analysis examines the project in light of Hermosa code for individual uses, Hermosa code for shopping centers and parking as pro- vided by the project. ANALYSIS The project, as proposed, will be a self-contained entertainment, dining and retail neighborhood shopping center. The site is the sole remaining largely undeveloped in Hermosa Beach. The Hermosa_ parking code was recently revised in significant part. A new section dealing with shopping centers in excess of 10,000 square feet was adopted. It reads in part: Section 1170 Subject to approval by the Planning Commission as prescribed in Section 1169, required parking spaces for various uses may be reduced in number and computed at one space per 250 square feetof gross floor area when parking is consolidated in retail shopping centers over 10,000 square feet in size... A further section establishes that the Planning Commission shall consider, among others, the following factors when reviewing parking plan: 1. Van pools 2. Bicycle and foot traffic 3. Common parking facilities 4. Varied work shifts 5. Valet parking 6. Unique features of the proposed uses 7. Other methods of reducing demand The proposed project will be built on PCH and will lie outside of the area normally used for beach parking. The site is not within the coastal zone for purposes of the California Coastal Act. The project will incorporate all of the factors set forth above except number one. The project will be approximately 71,200 gross square feet. The provisions of the newly amended code regarding shopping centers in excess of 10,000 square feet requires the provision of 284 parking spaces. Applicant will provide 540 parking spaces. BICYCLE AND FOOT TRAFFIC Applicant shall provide 50 spaces for the parking of bicycles. It is anticipated that a significant number of persons using the theatres during weekends and summers will be aged 13-18 who will arrive by bicycle if parking • is arranged. In addition, the heavy usage of theatres by adolescents of less than 16 years of age will cause a significant number of patrons to be "dropped off" by an adult guardian. This process will be facilitated by the creation of the deceleration lane on PCH and on 16th street and the passenger drop-off area in front. Lastly, it is expected that the creation of the project adjacent to the Plaza Hermosa will create a desirable destination that will attract significant foot traffic from the densely populated residential areas that adjoin the project. For example, the recently opened Marie Calendar's Restaurant has successfully attracted patrons arriving on foot. COMMON PARKING FACILITES As described by the Urban Land Institute the proposed project qualifies for a designation as incorporating common parking facilities. That is, uses such as restaurants and theatres will be attracting patrons who will make use of more than one facility within the project. In addition, because retail activities will be slow at night, the theatre usage at night can be accommodated. A variety of restaurants will find individual emphasis on breakfast, lunch or dinner specialties. The 4 parking spaces per 1000 square feet of use in this type of center has been validated by study. The total provision of space within this project will be approximately 7.61 parking spaces per 1000 square feet. Demand for retail parking has been shown to be virtually non-existant during evening hours. Restaurant parking demand will peak between 8:00-10:00 p.m. It is therefore expected that theatre and restaurant patrons will make use of available retail parking during evening hours. DURING THE PEAK EVENING DEMAND PERIOD THE PROJECT WILL PROVIDE 540 SPACES FOR THE APPROXIMATELY 47,000 SQUARE FEET OF RESTAURANT AND THEATRE USE FOR A PARKING RATIO OF 11.49 CARS PER 1000 SQUARE FEET OF BUILDING. This ratio has been determined to provide sufficient parking in urban areas comparable to Hermosa Beach. (as per "Shared Parking" a study conducted under the direction of the Urban Land Institute). VARIED WORK SHIFTS As per #3 above, work shifts as between theatre, retail and restaurant will. shift throughout the day and on days of the week. For example, peak dvenings for theatre usage are also the most likely to result in dual usage of restaurants and theatres and least likely to result in retail usage. VALET PARKING Applicant agrees to provide valet parkig during peak demand hours. Valet parking is a natural component to the full service restaurants planned. Use of valet parking will increase available parking from 524 cars to 540 cars. UNIQUE FEATURES/OTHER METHODS Finally, the project.will utilize controlled access through an automated entrance and manned exit gate. There will be no charge for those patrons obtaining a merchant validation. Charges for non -patrons will be set so as to discourage beach or casual use. The project site is located on Pacific Coast Highway which is a major Rapid Transit District transit corridor. A bus stop is currently located at the site and will be replaced at the site. The Urban Land Institute studies indicate that approximatley 15% of patrons will arrive by a combination of public transit, foot or bicycle. SU�DIARY If constructed on an individual basis, the uses and parking requirements would be: TYPE 1. Retail 2. Restaurant 3. Theatres FOOTAGE 28,236 square feet 17,693 square feet 25,344 square feet 1500 seats Total as individual uses: REQUIRED PARKING 1 per 250 square feet 112.94 spaces 1 per 100 square feet 176,93 spaces 1 per 5 seats 300 spaces 589 spaces Required as shopping center in excess of 10,000 square feet: 284 spaces Provided by project: Individual Uses as a ratio: Code provision for shopping centers as a ratio: Provided in project as a ratio: Peak nightime Theatre/Restaurance ratio: 540 spaces 8.2/1000 4/1000 7.6/1000 11.4/1000