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HomeMy WebLinkAbout04/28/87ACTION SHEET ACTION SHEET "Now and then it's good to pause in our pursuit of happiness and just be happy." -Anonymous AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, April 28, 1987 - Council Chambers, City Hall MAYOR John Cioffi MAYOR PRO TEM Etta Simpson COUNCILMEMBERS Tony DeBellis Jim Rosenberger June Williams Closed Session - 6:00 p.m. Regular Session - 7:30 p.m. 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. CLOSED SESSION TO DISCUSS MATTERS OF PERSONNEL, LITIGATION AND POTENTIAL LITIGATION UNDER GOVERNMENT CODE SECTION 51956.9 HELD FROM 6:00 P.M. TO 7:30 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: DEBELLIS ABSENT PROCLAMATION: Law Day, May 1, 1987 National Victims Rights Week, April CITIZEN COMMENDATIONS TO: Gary David Libra, James Patrick Kavanaugh, Earl B. Kenney James B. Paterson 26 -May INTRODUCTION OF NEW EMPLOYEES: Building Inspector, Robert Davidson General Services Officer, Tamese Neal 1 2, 1987 DONATION TO CITY BY MR. KEVIN PETERSON, DISTRICT MANAGER OF GENERAL TELEPHONE COMPANY, OF VIDEO TAPE "EARTHQUAKE, BEING PRE- PARED FOR THE EMERGENCY AT HOME" SIMPSON ASKED IF WE HAD DONE ANY SCHEDULING FOR SHOWING THIS FILM. ACTIONS TAKEN IN CLOSED SESSION: NONE CITIZEN COMMENTS Citizens wishing to address the City Council on any items on the Consent Calendar or Consent Ordinances and Resolutions may do so at this time. 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.) (a) Approval of,Minutes: Regular meeting of the City Coun- cil held on April 14, 1987. Recommended Action: To approve minutes. (b) Demands and Warrants: April 28, 1987. Recommended Action: To approve Demands and Warrants Nos. through inclusive. (c) Tentative Future Agenda Items. Recommended Action: To receive and file. PULLED BY WI - MOTION TO DIRECT STAFF TO COME BACK WITH REPORT ON WHAT ACTUAL NEED IS FOR PARKING AT COMMUNITY CENTER IN CONJUNC- TION WITH 5/12 ITEM ON PARKING FACILITY AT COMM. CTR. SECOND JR. OK 4-0 JR - WANTS FORMALIZATION OF IN LIEU, SEWER FEE FORMULA ON 5/12 MTG. ALONG WITH FINANCIAL. ANALYSIS FOR SEWER REPLACEMENT PLAN. MOTION JR/WI - OK 4-0. MOTION JR/SI TO R & F. OK 4-0. (d) City Manager Activity Report: Memorandum from City Man- ager Gregory T. Meyer dated April 23, 1987. Recommended Action: To receive and file. (e) Building and Safety Department, Monthly Activity Report: March, 1987. Recommended Action: To receive and file. (f) Community Resources Department Monthly Activity Report: March, 1987. PULLED BY WI - ASKED FOR EXPENDITURES AT COMM. CTR. TO BE SHOWN ON ACTIVITY REPORTS AS WELL AS REVENUE. ALSO QUESTIONED THE DIF- FERENCE BETWEEN FINANCE DEPT. FIGURES. AND THE NUMBERS SHOWN ON ACTIVITY REPORT. CIO WOULD LIKE STAFF TO COME BACK WITH CLARIFICATION BETWEEN FINANCE FIGURES AND COMM. RESOURCES FIG- URES. OK 4-0 TO COME BACK NEXT MTG. MOTION WI/SI TO R & F. OK 4-0. Recommended Action: To receive and file. (g) Finance Department Monthly Activity Report: March, 1987. Recommended Action: To receive and file. (h) Fire Department Monthly Activity Report: March, 1987. Recommended Action: To receive and file. (i) General Services Department Monthly Activity Report: March, 1987. Recommended Action: To receive and file. (j) Personnel Department Monthly Activity Report: March, 1987. Recommended Action: To receive and file. (k) Planning Department Monthly Activity Report: March, 1987. Recommended Action: To receive and file. (1) Police Department Monthly Activity Report: March, 1987. Recommended Action: To receive and file. (m) Public Works Department Monthly. Activity. Report: March, 1987. Recommended Action: To receive and file. (n) Monthly Revenue Report: March, 1987. Recommended Action: To receive and file. (0) Monthly Expenditure Report: March, 1987. Recommended Action: To receive and file. (p) City Treasurer's Report: March, 1987. Recommended Action: To receive and file. (q) Monthly report from South Bay Coalition for Alternatives to Domestic Violence. Memorandum from Community Resour- ces Director Alana Mastrian dated April 15, 1987• Recommended Action: To receive and file. (r) Request for Proposals for CIP 85-502 - Irrigation in- stallation and landscaping for park development. Memo- randum from Public Works Director Anthony Antich dated April 6, 1987. Recommended Action: To approve RFP and authorize staff to solicit bids for the work. (s) Informational item and recommendations regarding dona- tions.of equipment and money for crime prevention and the D.A.R.E. program. Memorandum from Public Safety Director Steve Wisniewski dated April 17, 1987. CITY MGR. ASKED THAT RECOMMENDATION INCLUDE "TO APPROPRIATE MONIES" Recommended Action: To receive and file report; accept donations on behalf of the City for use in crime preven- tion and the D.A.R.E. program, and direct the City Clerk to prepare letters of appreciation for the Mayor's signature. (t) Informational item and recommendtion to accept donation of bicycles for use by the Police Department. Memoran- dum from Public Safety Director Steve Wisniewski dated April 17, 1987. Recommended Action: To receive and file report; accept the described donation on behalf of the City for use by the Police Department, and direct the City Clerk to pre- pare a letter of appreciation for the Mayor's signature. (u) Amendment to City Attorney contract effective May 1, 1987. Memorandum from City Attorney James P. Lough dat- ed April 22, 1987. PULLED BY WI - CONCERNED THAT COUNCIL WILL NEVER KNOW WHEN CITY ATTY. IS. GOING TO BE IN, MOTION CIO/SI-.TO.APPROVE CONTRACT. OK 4-0 (v) Recommended Action: Authorize Mayor to sign amended contract. Authorization, to issue additional. change orders for as- phalt street repair (CIP 86-163). Memorandum from Public Works Director Anthony Antich dated April 21, 1987. (w) (x) Recommended Action: Authorize staff to issue additional change orders up to a total amount not to exceed $31,244 for CIP 86-163, City Asphalt Street Repairs. Report re. what constitutes an "emergency" under the Brown Act agenda requirements. Memorandum from City Attorney James P. Lough dated April 22, 1987. Recommended Action: To receive and file. Request for Closed Session on May 12, 1987. Memorandum from City Manager Gregory T. Meyer dated April 23, 1987. Recommended Action: To calendar a closed session for May 12, 1987 at 6:30 p.m. 2. ORDINANCES AND RESOLUTIONS (a) ORDINANCE NO. 87-879 - AN ORDINANCE OF THE CITY OF HER- MOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 86-862 BY ADDING THERETO A PROVISION REQUIRING BICYCLES TO BE WALKED AND SKATEBOARDS TO BE DISMOUNTED ON THE STRAND BETWEEN 15TH STREET AND 10TH STREET WHEN THE WALK ZONE IS IN EFFECT. For waiver of further reading and adoption. MOTION. JR/WI TO ADOPT ORDINANCE. OK 4-0. MOTION WI/JR TO DIRECT STAFF TO COME BACK WITH RESOLUTION SETTING BAIL FOR VIOLATIONS OF BOTH ORDINANCES AT 5/12 MTG. OK 4-0. (b) ORDINANCE NO. 87-880 - AN ORDINANCE OF THE CITY OF HER- MOSA BEACH, CALIFORNIA, AMENDING SECTION 5-24.5(e) OF THE MUNICIPAL CODE BY ADDING THERETO A PROVISION ES- TABLISHING A TEN MILE PER HOUR SPEED LIMIT ON THE ENTIRE LENGTH OF THE STRAND. For waiver of further reading and adoption. MOTION WI/JR TO ADOPT ORDINANCE. OK 4-0. (c) ORDINANCE NO. 87-881 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, EXTENDING THE PROHIBITION OF ISSUANCE OF BUILDING PERMITS FOR DEVELOP- MENTS THAT DO NOT MEET THE STANDARDS OF BOTH THE GENERAL PLAN DESIGNATION AND ZONING CLASSIFICATION FOR THE PAR- TICULAR PROPERTY TO BE DEVELOPED OR IMPROVED. For waiver of further reading and adoption. MOTION JR/SI.TO ADOPT ORDINANCE... OK 4-0. (d) ORDINANCE NO. 87-882 - AN ORDINANCE OF THE CITY OF HER- MOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, SECTION 206 TO MODIFY THE DEFINITION OF AN URBAN BLOCK IN RELATION TO THE LOT MERGER ORDINANCE AND TO APPROVE A NEGATIVE DECLARATION. For waiver of further reading and adoption. MOTION JR/SI TO ADOPT ORDINANCE. OK 3-1 (WI -NO) (e) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DECLARING ITS INTENT TO STUDY HEIGHT LIMITATIONS OF BUILDINGS AS IT PERTAINS TO SCREENING, DENSITY, LOT SIZE, VALUE OF UNIQUE SKYLINE, OCEAN VIEWS, LIGHT, AIR, AND VENTILATION. For adoption. Memorandum from Planning Director Michael Schubach dated April 21, 1987. MOTION JR/SI TO ADOPT RESOLUTION WITH AMENDMENT TO INCLUDE TIME FRAME URN IT TO COUNCIL IN TIME TO BE A BALLOT MEA- SURr. (JULY 1 MTG OK 3-1 (WI -NO) (f) AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 1215 OF THE HERMOSA BEACH ZONING CODE TO REQUIRE CONDITIONAL USE PERMITS FOR WALLS, FENCES AND HEDGES THAT EXCEED THE HEIGHT LIMIT IN ALL RESIDENTIAL, COMMERCIAL, AND MANUFACTURING ZONES; TO REQUIRE A CONDI- TIONAL USE PERMIT FOR ANY WALL, FENCE OR HEDGE CON- STRUCTED BY A PRIVATE PARTY WITHIN AN OPEN SPACE ZONE OR PUBLIC RIGHT-OF-WAY; ADOPT SECTION 10-10, ESTABLISHING STANDARD CONDITIONS FOR WALLS, FENCES AND HEDGES; AND ADOPT A NEGATIVE DECLARATION. (Continued from April 14, 1987 meeting.) For waiver of full reading and introduc- tion. Memorandum from Planning Director Michael Schubach dated April 20, 1987. MOTION WI/CIO TO RECEIVE AND FILE. OK 4-0. MOTION CIO/WI TO HAVE STAFF ASK PLANNING COMMISSION TO STUDY HEIGHT OF FENCES AS THEY RELATE TO NONRESIDENTIAL PROPERTIES. OK 4-0 (g) ADOPTION OF RESOLUTIONS RE. HERMOSA BEACH STREET LIGHT- ING DISTRICT NO. 1987-1988. Memorandum from Public Works Director Anthony Antich dated April 21, 1987. MOTION JR/SI.TO ADOPT RESOLUTIONS 1 AND 2. OK 4-0 1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS OF SAID CITY MADE PUR- SUANT TO THE REQUIREMENTS OF RESOLUTION NO. 87-5017 OF SAID COUNCIL. For adoption. 2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN STREET LIGHTING FIXTURES AND AP- PURTENANCES TO BE INSTALLED AND MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR STREET LIGHT- ING FIXTURES THROUGHOUT THE CITY, FOR THE FISCAL YEAR BEGINNING JULY 1, 1987 THROUGH JUNE 30, 1988; AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEAR- ING IN RELATION THERETO. For adoption. (h) ADOPTION OF RESOLUTIONS RE. HERMOSA BEACH CROSSING GUARD MAINTENANCE DISTRICT NO. 1987-1988. Memorandum from 6 Public Works Director Anthony Antich dated April 21, 1987. MOTION SI/WI TO ADOPT RESOLUTIONS 1 AND 2. OK 4-0 1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS OF SAID CITY MADE PUR- SUANT TO THE REQUIREMENTS OF RESOLUTION NO. 87-5016 OF SAID COUNCIL. For adoption. 2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN CROSSING GUARD SERVICES PURSUANT TO THE "CROWWING GUARD MAINTENANCE DISTRICT ACT OF 1974", CHAPTER 3.5, ARTICLES 2, 3 AND 4, SECTIONS 55530 THROUGH 55570, OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AT CERTAIN LOCATIONS IN THE SAID CITY, FOR THE FISCAL YEAR BEGINNING JULY 1, 1987 THROUGH JUNE 30, 1988; AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO. For adoption. 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION. 11. WRITTEN COMMUNICATIONS FROM THE PUBLIC. Letter from Mr. Willam R. Lawrence, 3410 Hermosa Avenue, dated April 17, 1987 re. storing of recreational vehi- cles on city streets. ION JR/CIO TO APPROVE STAFF RECOMMENDATION - WOULD LIKE DEVELOPMENT OF SOME REGULATIONS TO CONTROL ON CITY STREETS. OK 4-0. Recommended lotion: Refer to staff. PUBLIC HEARINtS - TO COMMENCE AT 8:00 P.M. 5. AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA TO PROHIBIT THE ISSUANCE OF BUILDING PERMITS FOR REMODELING OF RESIDENTIAL DWELL- INGS. Memorandum from Building and Safety Director Wil- liam Grove and Planning Director Michael Schubach dated April 20, 1987. NOTE: Requires a 4/5 vote (4 votes if only 4 present.) MOTION.WI THAT COUNCIL NOT TAKE. TESTIMONY ON SUBJECT OF REMODEL OF ALL, RESIDENTIAL USES AS THE AD STATED. .JR - FEELS NOTICE NOT CORRECT. TESTIMONY GIVEN BY 10 CITIZENS MOTION WI/JR TO ADOPT EMERGENCY.ORDINANCE WITH AMENDMENT_.TO TITLE ADbING "PROHIBIT ISSUANCE OF BUITDING.PERMITS AS. OF 4/20/87. FOR IGNIFICAN'P REMODELING OF ...". ALSO ADD TO.PAGE 11 LINE 17 !1 IGNIF'ICANT REMODELING, PARTIAL CONSTRUCTION OR RICOASTRUCTION OF MORE THAN 50% OF THE REASONABLE REPLACEMENT VALUE..." CIO SEE A PRO `• JR WITHDRAWS HIS SECOND. MOTION JR/WI 0 CONTINUE TO 5/12 MEETI`•. WITH NOTICING BUT CHANGE CONTENT 0 A TENT. OK 3-1 (CIO -NO) MOTION SI/WI - TO SEND RESO OF INTENT TO P.C. OK 4-0. ***************************************************************** 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 6. REQUEST FOR EXTENSION OF PERMIT DEADLINE OF ORDINANCE. NO. 86-839 (PARKING STANDARDS) FOR 2 -UNIT CONDOMINIUM PROJECT AT 2902 HERMOSA AVENUE. Memorandum from Build- ing and Safety Director William Grove and Planning Di- rector Michael Schubach dated April 20, 1987. MOTION SI/WI TO DENY FURTHER EXTENSION. OK 4-0 Recommended Action: That Council make a policy determination. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER CITY MGR. MADE ANNOUNCEMENT ABOUT THE CONSTRUCTION AND PLACEMENT OF A NEW GLASSED IN DISPLAY BOARD FOR PUBLIC NOTICES AND AGENDA POSTING. 9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL (a) Seventh Street access to Learned Lumber, requested by Councilmember Rosenberger. Taw \mite- 1[0 MOTION JR/WI TO R &.F REPORT.. WI. SAID WHEN.THEY.REQUESTED ZONE CHANGE SHE THOUGHT SOME.CONDITIONS HAD BEEN REQUIRED. CITY MGR. SAID REPORT WILL BE READY,FOR 5/12 MTG. OK,4-0 Recommended Action: Receive and file preliminary report. (b) Prioritized City Council goals. Memorandum from City Manager Gregory T. Meyer dated April 22, 1987. MOTION JR/WI TO RETURN 6/9 WITH SPECIFIC PLAN OF ACTION WITH AMENDMENT . BY CIO .THAT .STAFF PRIORITIZE, THE "NO. PRIORITY CONCEN- SUS" ITEMS BY AVERAGING AND WITH DELETION, OF ITEM 23 AND 25r. OK 4-0 (c) Recommended Action: That staff return on June 9 with Specific Action Plan re. the "high priority" matters. Discussion requested by Mayor Pro Tem Simpson re. prepa- ration of an open letter from Council addressing efforts 8 to lower density with draft letter, dated 4/21/87 as prepared by Mayor Pro Tem Simpson MOTION SI/CIO TO HAVE JOINT LETTER. JR DOESN'T WANT TO SIGN, SAME WITH WI. CIOFFI SUGGESTS SI DO HER OWN. MOTION WhTHDRAWN Recommended Action: Council to make determination re. whether to send letter. (d) Discussion requested by Mayor Pro of General Plan. MOTION SI/CIO STAFF TO COME BACK WIT STRUCTION.SINCE 1979 . .CAN HAVE BAC Tem Simpson re. review RE. IMPACT OF CON - OK 3-1 (WI-NOT.---- Recommended WI-NOT. RecommendedAction: Set policy and refer to staff. (e) Discussion re. City Council approval of all escrow agreements prior to final signature with memorandum from City Manager Gregory T. Meyer dated April 22, 1987. MOTION WI/JR TO HAVE COUNCIL APPROVE ESCROW INSTRUCTIONS BEFORE FINAL SIGNING. OK 4-0. Recommended Action: That Council make a policy determination. (f) Discussion requested by Councilmember Williams re. add- ing to our code a section prohibiting drinking in park- ing lots. MOTION WI/CIO STAFF TO. COM :ACK 5/26 ITH REPORT FOR CONSIDER- ATION.. .OK (g) Recommended Action: Set policy and refer to staff. Request by Mayor Pro Tem Simpson for City Council sup- port for Cerritos resolution urging Congress to initiate a study of three-dimensional radar as an interim remedy to the air safety problem with letter from City of Cer- ritos dated March 23, 1987. MOTION SI/WI TO SUPPORT. ,BACK 5/12. OK 4-0 Recommended Action: Make policy determination whether to consider such a resolution, such action to be at the May 12, 1987 meeting. (h) Appointment to the Private Industry Council (PIC) of the South Bay Service Delivery Area with memorandum from Personnel Administrator Robert Blackwood dated April 21, 1987. MOTION JR/SI - TO APPOINT KEN.HANDMAN TO PIC. OK,4-0 Recommended Action: To appoint Mr. Ken Handman to the Private Industry Council. (i) Report from Councilmember Williams dated April 17, 1987 re. meetings of the Sister City Association and South Bay Harbor Area Coalition on Alcohol and Drug Problems. MOTION WI/JR TO RECEIVE AND FILE. OK 4-0 Recommended Action: To receive and file. 10. OTHER MATTERS - CITY COUNCIL SIMPSON - WOULD LIKE CITY TO IDENTIFY AIR. QUALITY IMPACTS AND LET L.A. DIVISION KNOW,IF THERE.IS SOMETHING WE ARE DOING OR SOME- THING WE SHOULD BE DOING. MOTION SI/CIO. OK 3-1 (WI-NO) SIMPSON - NOTED FLAGS.NEED REPLACING. ASKED THAT RESPONSIBILITY BE DELEGATED SO SOMEONE KEEPS AN EYE OUT FOR WHEN THEY NEED REPLACING. WILLIAMS SAID SHE HAD VISITED COUNTY ASSESSOR'S OFFICE IN RE. OUR LOT MERGER,ORDINANCE.AND MORATORIUM ON DEMOLITION PERMITS. MO- TION WI/SI THAT WE NOTIFY ASSESSOR'S OFFICE AND SEND.COPY OF OR- DINANCE. OK 4-0. WILLIAMS RE. IN LIEU.SEWER FEES. IT WAS HER INTENT THAT THE SAME METHOD AS USED ON 10 UNIT BLDG. BE APPLIED TO ALL. ROSENBERGER WOULD LIKE THE SPECIFIC .PLAN CALLING,FOR 514' HEIGHT iWLIMIT ON BILTMORE.SITE TO BE PLACED.ON AGENDA WITH CITY ATTORNEY REPORT FOR LATE MAX OR EARLY JUNE FOR POSSIBLE REPEAL, SECOND WI - . OK 4-0 CIOFFI ASKED IF HE COULD HAVE A REPORT ON ANY ORDINANCE WE HAVE AGAINST PANHANDLING. APPEARANCE OF INTERESTED,.CITIZENS 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 the City management or departmental operations are requested to submit those complaints in writing to the City Manager. BOB HOFFMAN OF MARTHA'S THINKS, ENCROACHMENT.AGREEMENTS,SHOULD BE MADE BETWEEN BUSINESS AND.CITY...THINKS.CITY SHOULD CLEAR UP_AM- BIGUITIES. IN THE.MEANTIME HE WOULD LIKE TO -III 11 iv SIDE DINING.. MEANTIME NO ENFORCEMENT. SET FOR GENDA OF 5/26. KEN ASHMAN, 48 HERMOSA AVENUE #1 SPOKE RE BASKETBALL..000RT CONDI- TION. AT CLARK FIELD; I.E.,.COURT SURFACE ROUGH.AND NEVER CLEAN, LIGHTING DOESN'T WORK PROPERLY,_ RIMS BENT, NO NETS,OR CHAIN.NETS; ALSO CONCERNED THAT, COURT At THE GYM IS NOT AVAILABLE TO CITIZENS SOME,OF THE.TIME; THIRD AREA OF,CONCERN IS THE.LOCATION OF THE SECTION OF THE AGENDA ALLOWING RESIDENTS TO SPEAK...THINKS IT SHOULD. BE AT BEGINNING CIOFFI WOULD LIKE STAFF TO COME BACK WITH STATUS REPORT ON COURTS AND ASK STAFF HOW THEY HANDLE FREE. TIME AT THE GYM. SECOND SI. SO ORDERED. ADJOURNMENT AT 12:02 A.M. IN MEMORY OF BELA KALTENEKKER. April 6, 1987 HONORABLE MAYOR and MEMBERS of Regular Meeting of the HERMOSA BEACH CITY COUNCIL April 14, 1987 REQUEST FOR PROPOSALS FOR CIP 85-502 IRRIGATION INSTALLATION AND LANDSCAPING FOR PARK DEVELOPMENT Recommendation It is recommended that City Council: 1. Approve the attached request for proposals for irrigation installation and landscaping for park development at Prospect Avenue, Hollowell Avenue and Gentry Street, and 2. Authorize staff to solicit bids for the above work. Background On June 13, 1985, City Council approved CIP 85-502 as part of the FY86-87 Capital Improvement Budget. Irrigation design is complete and arrangements are being made to begin the irrigation and landscaping work for the park. Analysis This memo allows for solication of bids for irrigation and landscape installation. Irrigation design work for the park is complete. Construction of the asphalt hard court is complete. Irrigation installation is scheduled to begin in the late spring and is before City Council at this time so we may schedule the necessary work to begin. The estimated cost to perform the work is $20,000. Alternatives Other alternatives considered by staff and available to City Council are: 1. Drop the project. 2. Modify the scope of the project. /.IL�i�I .►i...1114 '�eLleAd An- o y Ant i h Director of PubliWorks Gre :ory eyer Cit, Manager 1 Respectfully submitted Lyln Stevens Administrative Aide CONSTRUCTION SCHEDULE PROJECT NAME : Park Development - Prospect, Hollowell , Gentry 'ACCOUNT NUMBER : 125-401-8520-4201 LEGEND TENTATIVE SCHEDULE : ® mism= v ACTUAL SCHEDULE X : 100% COMPLETE I 1 i 1 1 TASKS JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 1 1 I 1 ' Final design approval before advertising 11111111 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 Project close out 11111 I I 1 1111 1 1 111 IIIIIIIIIIIIr { 11111111111111111111111111i11111111111111111111� 1 111 { 1 { 111 111111111 I I I I I I 11111111 7 II 4 CITY OF HERMOSA BEACH STATE OF CALIFORNIA CIP 85-502 - PROSPECT PARK 1. Notice to Contractors 2. Instructions to Bidders 3. Special Provisions 4. Proposal 5. Agreement for: IRRIGATION INSTALLATION AND LANDSCAPING FOR PARK DEVELOPMENT AT PROSPECT AVENUE, HOLLOWELL AVENUE AND GENTRY STREET Approved , 1987. John Cioffi Mayor of the City of Hermosa Beach 1 PART 1. CITY OF HERMOSA BEACH State of California NOTICE TO CONTRACTORS SEALED PROPOSALS will be received at the office of the City Clerk, 1315 Valley Drive, Hermosa Beach, California until Friday, , 1987 at 11:00 a.m. at which time they will be publicly opened and read for performing work as follows: IRRIGATION INSTALLATION AND LANDSCAPING FOR PARK DEVELOPMENT AT PROSPECT AVENUE, HOLLOWELL AVENUE AND GENTRY STREET. NOTE TO ALL BIDDING CONTRACTORS: All contractor's proposing to bid on this project shall go on a field visit with a Public Works Department representative prior to bidding. Bids shall be enclosed in a sealed envelope addressed to the City Clerk, City of Hermosa Beach, California, 90254, and shall be identified on the lower left corner of the envelope: "SEALED BID - IRRIGATION INSTALLATION AND LANDSCAPING" No bid will be considered unless it is made on the enclosed proposal form furnished by the City Engineer. Each bid must be accompanied by cash, certified or cashier's check or bidder's bond made payable to the City of Hermosa Beach for an amount equal to at least ten (10) percent of the amount of the base bid, such guarantee to be forfeited should the bidder to whom the contract is awarded fail to enter into the contract. The City Engineer referred to hereinafter shall be the Director of the Department of Public Works of the City or his designee. In accordance with the provisions of Sections 1770 to 1780 of the Labor Code of the State of California, the Director of Industrial Relations has ascertained the general prevailing rate of wages and employer payments. for health and welfare, vacation, pensions, and similar purposes applicable to the locality in which work is to be done for each craft or type of workman needed to execute the proposed contract. It will be required that not less than said rates shall be paid to all such workmen employed or engaged on the work. Complete wage rate schedules are on file at the City Hall. The contractor and any sub -contractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 (Chapter 1411, Statues of 1986) in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requiremetns may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of apprenticeship Standards and its branch offices. All bids are to be compared on the basis of the City Engineer's Estimate of the quantities of work to be done. No bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of Chapter 9 of Division 3 of the Business of Professions Code. Plans and forms of proposal, bonds, contract, and special provisions may be obtained at the office of the Public Works Department, City of Hermosa Beach, CA 90254. There is no cost for the bid package. The special attention of prospective bidders is called to Part 2, Instructions to Bidders, for full directions as to bidding, etc. A business license is required to do contracting work in the City of Hermosa Beach. The City of Hermosa Beach reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to bhe extent permitted by law. C OF HERMOSA A' '•ny Antich Director of Pu lic Works DA . 20)�� PART 2. CITY OF HERMOSA BEACH State of California INSTRUCTIONS TO BIDDERS To be used in conjunction with the STANDARD SPECIFICATIONS FOR PUBLIC WORK CONSTRUCTION (1985 EDITION) SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS and to be made part of: IRRIGATION INSTALLATION AND LANDSCAPING FOR PARK DEVELOPMENT AT PROSPECT AVENUE, HOLLOWELL AVENUE AND GENTRY STREET. 1 Section 1. PROPOSAL REQUIREMENTS AND CONDITIONS (a) General: --Proposals shall be submitted to the City Council on forms prepared and furnished for the purpose, which may be obtained at the office of the Public Works Department. When presented they must be completely made out in the manner and form indicated therein, showing the proposed prices clearly and legibly, and must be properly signed by bidder. Proposals presented otherwise may not be considered. Each proposal so submitted, together with the required proposal guaranty hereinafter prescribed, shall be presented under sealed cover; and must be filed prior to the time, and at the place, designated in the Notice to Contractors. A proposal so presented, however, may be withdrawn by the bidder, provided the request therefore is made in writing, is signed by the bidder or his authorized representative, and is filed prior to the time fixed for the opening of bids. The withdrawal of a bid proposal does not prejudice the right of the bidder to file a new bid. All proposals submitted as hereinabove prescribed will be publicly opened and read at the time and place indicated in the Notice to Con- tractors. (b) Examination of Plans, Specifications, Special Provisions and Site of Work: --Bidders must satisfy themselves by personal examina- tion of the location of the proposed work and by such other means as they may prefer as to the proposal, plans, specifications, contract form and actual conditions and requirements of the work, and shall not at any time after submission of the bid dispute, complain, or assert that there was any misunderstanding in regard to the conditions to be encountered, the character, quality, and quantities of work to be performed and materials to be furnished, and the requirements of the proposal, plans, specifications, and the contract form. The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination. (c) Approximate Estimate: --The quantities shown in the proposal form, and in the estimate included in the Special Provisions, shall be - considered as approximate only, being listed therein for the purpose of serving as a general indication of the amount of work or materials to be performed or furnished, and as a basis for the comparison of bids; and the City does not guarantee nor agree, either expressly or by implication, that the actual amounts required will correspond therewith, but reserves the right to increase or decrease the amount of any item or portion of work or material to be performed or furnished, or to omit any such item or portion, in accordance with the provisions relative thereto set INSTRUCTIONS TO BIDDERS -2- forth in the Special Provisions or Standard Specifications, under which the work is to be constructed, without any way invalidating the contract, should such increase, decrease or omission be deemed necessary or expedient. .,...; =(d) Addenda: --The Engineer may, from time to 'time, issue addenda to the contract documents during the period of advertising for bids, for the following purposes: la) :revising Prevailing Wage Scales, (b) clarifying or correcting special provisions, plans or bid proposal; provided however that any such addenda -shall not change the original scope and intent of the project. Securers of contract documents shall be notified of, and furnished with copies of, such addenda, either by certified mail or personal • delivery, during the period of advertising. =-(e) Proposal Form: --All proposals must be signed by the bidder, with hisaddress. -If the proposal is made by an individual, his name and post office address must be shown. If made by a firm or partnership,the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under the laws of which the corporation was chartered and the names titles, and business addresses of the president, secretary, and treasurer. •---(f) Proposal Guaranty: --Each proposal submitted must be accompanied either by cash, or by a certified or cashier's check, or a surety bond, payable to the City of .;Hermosa Beach , in an amount equivalent to at least ten (10) percent of the total base bid price of such proposal., as a guaranty that the bidder, if his proposal be accepted, will enter into and execute the awarded contract; and no proposal will be accepted unless such cash, check or surety bond is enclosed therewith. However, the use of a surety bond in this connnection shall be subject to the condition that the surety thereon be approved by the City Attorney. Should any bidder to whom an award is made fail to properly enter into and execute the awarded contract, the cash, check or bond submitted with his proposal shall be forfeited to, and become the property of the City of . Hermosa Beach , whereupon the City shall have the right to collect the amount thereof by an appropriate means. •• Following the award of contract, the proposal guarantees will be returned to the respective bidders by whom they were submitted, except as otherwise hereinbefore provided. (g) Disqualification of Bidders and Proposals: --More than one INSTRUCTIONS TO BIDDERS -3- 4 •proposal for the same work from any individual, firm, partnership, corporation or Association under the same or different names will not be accepted; and reasonable grounds for believing that any bidder is interested in more than one proposal for the work will be cause for rejecting all proposals in which such bidder is interested. Apparent • collusion among the bidders will likewise be sufficient cause for reject- ing any or all bids, and the participants in such collusion may be barred from future bidding. Proposals in which the prices are obviously unbalanced, and those which are incomplete or show any alteration of form, erasures or irregu- larities of any kind, or contain any additions or conditional or alternate bids that are not called for or otherwise permitted, may be rejected. A proposal on which the signature of the bidder has been omitted may, at the discretion of the City of . Hermosa Beach , be rejected. The right is reserved to reject any and all proposals. (h) Competency of Bidders: --Bidders must be thoroughly competent, and capable of satisfactorily performing the work covered by the proposal; and when requested shall furnish such statements relative to previous experience on similar work, the plan or procedure proposed, and the organization, machinery, plant and other equipment available for the contemplated work, and the financial condition and resources of the bidder, as may be deemed necessary by the Engineer in determining such competence and capability. The City will not enter into a contract with any bidder who is not properly licensed to do the work of this contract under the provisions of Chapter 9 of Division 3 of the Business and Professions Code, unless particularly exempted by the terms thereof. The sheet for bidder's signature in the Bid Proposal (PROPOSAL, PART 4), shall clearly show the contractor's name, address, telephone number, State of California License number, classification and date of expiration. Section 2. AWARD AND EXECUTION OF CONTRACT (a) Comparison of Proposals and -Award Contract: --After the proposals for the contemplated work have been opened and read as provided herein, the respective totals thereof, determined by applying the unit prices bid to the estimated quantities shown, will be extended and compared; and the results will thereupon be made public. The award of the contract, if it be awarded, will be made to the INSTRUCTIONS TO BIDDERS -4- lowest responsible and qualified bidder whose proposal complieswith all the prescribed requirements, but until an award is made the right will be reserved to reject any or all bids, and to waive technical errors or discrepancies, if to do so is deemed to best serve the interests of the City. In no event will an award be made untilall.. necessary investigations are made asto the responsibility and qualifications of the bidder to '}; whom it is proposed to make such award. Such an award if made, will be made within thirty (30) days after the opening of the proposal. (b) Execution of Contract: --The contract shall be signed by the awardee and returned to the City together with the contract bonds, and other contract documents as required in the Special Provisions, within ten (10) days, not including Sundays and legal holidays, after it has been delivered or mailed to him or his authorized agent. -Noproposal shall .be considered as being binding upon the City until the contract is fully executed; and failure of the awardee to properly execute the awarded contract and file acceptable bonds and other contract documents as provided herein within ten (10) days, not including Sundays and legal holidays, shall be just and sufficient cause for the annulment of the award by the City and the forfeiture of his proposal guaranty. (c) Return of Proposal Guaranties: --Within ten (10) days after the award of the contract, the City of Hermosa Beach will return the proposal guaranty, accompanying such of the proposals which are not to be further considered in making the award. All other proposal guaranties will be held until the contract has been finally executed, after which all proposal guaranties, except those forfeited, will be returned to the respective bidders whose proposals they. accompany. (d) Contract Bonds: --The successful Contractor shall furnish two bonds required by the State Contract Act. Each of the said bonds shall be exectued in a sum equal to the contract price. One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor; and the other of the said bonds shall secure the payment of claims for labor and material. .Section 3. BID PROPOSAL FORM INSTRUCTIONS • Bids are required for the entire work. The amount of the bid for comparison purposes will be the total of all items. The bidder shall set forth for each item of work, in clearly legible figures, a unit price and a total for the item in the respective spaces provided for this purpose. In the case of unit price items, the amount set forth under the "Total" column shall be the extension of the unit ,'INSTRUCTIONS TO BIDDERS -5- price bid on the basis of the estimated quantity for the item. In case of discrepancy between the unit price and the total set forth for the item, the unit price shall prevail, provided, however, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or in the case where the unit price is the same amount as the entry in the "Total" column, then the amount set forth in the "Total" column for the item shall prevail in accordance with the following: (1) As to lump sum items, the amount set forth in the "Total" column shall be the unit price. (2) As to unit price items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Section 4. TAXES No mention shall be made of Sales Tax or Use Tax as all bid prices submitted will be considered as including such taxes. INSTRUCTIONS TO BIDDERS ' -6- PART 3. CITY OF HERMOSA BEACH State of California SPECIAL PROVISIONS AND SPECIFICATIONS for: IRRIGATION INSTALLATION AND LANDSCAPING FOR PARK DEVELOPMENT AT PROSPECT AVENUE, HOLLOWELL AVENUE AND GENTRY STREET Section 1. GENERAL (a) Contract Document: - Documents which shall be signed and returned to the City with the Bid Proposal are: Proposal - Part 4. Bid Bond, Certified or Cashier's check, or Cash Contractor's Industrial Safety Record Contract Document: - Documents which are to be signed and returned to the City by awardee are: 1. Contract Agreement 2. Bond for Faithful Performance 3. Payment Bond (for Material and Labor) 4. Certificate of Public Liability and Property Damage Insurance 5. Statement relative to Worker's Compensation 5 (b) Specifications: --The work to be done shall be performed or executed in accordance with the Special Provisions included herewith, and in accordance with "Standard Specifications for Public Works Construction," 1985 Edition, hereinafter referred to as Standard Specifications. The Standard Specifications are published by Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034. In case of conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall take precedence over and be used in lieu of such conflicting portions. (c) Contractor's Representative: --The third sentence of Section 7-6 of the Standard Specifications is amended to read as follows: The representative or alternate shall be present at the worksite whenever work is in progress or actions of the elements necessitate his presence to protect public or private properties. Section 2. SCOPE OF WORK (a) Work to be Done: --The work to be performed or executed under this project consists of and includes the furnishing of all labor, materials, tools, equipment and other incidental and appurtenant work necessary for the proper construction and completion of the contract in a satisfactory and workmanlike manner. The scope of the work shall conform to Section 2 of the Standard Specifications and as hereinafter specified. (b) Other Work: --The scope of the work may also include among other things alterations, extra work, increases or decreases, and final cleaning up, as specified in Section 3 of the Standard Specifications. (c) Plans: --Included herein ganTOMMX is a copy of Concept "D" showing the location mdcentent of the work to be done. Section 3. CONTROL OF WORK (a) General: --Control of the work including, but not limited to, acceptability of materials and work, authority of the Engineer, interpretation, coordination and changes in plans, superintendence and inspection shall conform to Section 2 of the Standard Specifications. Section 4. CONTROL OF MATERIALS (a) General: --The control of the materials required to complete the SPECIAL PROVISIONS -2- work including, but not limited to, the sources, handling, testing, and rejection shall conform to Section 4 of the Standard Specifications. Section 5. LEGAL RELATIONS.AND RESPONSIBILITY (a) General: --In connection with laws to be observed and respon- sibility of the Contractor, attention is directed to Section 7 of the Standard Specifications and to the laws therein applicable to this contract. (b) Labor: --Attention is directed to Section 7 of the Standard Specifications with regards to the provisions and penalties applicable to workmen permitted to labor more than eight (8) hours in a calendar day, to labor discrimination, and to employment of alien labor. (c) Prevailing Wages: --Pursuant to the provisions of Section 1770 of the Labor Code of the State of California, the Director of Industrial Relations has ascertained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension, and similar purposes in the City to be as on file at the City Hall. (d) Insurance: --In order to indemnify and save harmless the City of Hermosa Beach and all officers, employees and agents of the City; the Contractor shall carry public liability andproperty damage insurance, with the City named as an insured, per the requirements of Section 7-3 of the Standard Specifications amended to include personal injury or death in amounts not less than five hundred thousand dollars ($500,000.00) for injury to or death to any one person, one million dollars ($1,000,000.00) for injuries or deaths arising out of any one accident and one hundred thousand dollars ($100,000.00) for property damage. The Contractor shall, prior to commencement of any work by him or by any subcontractor working under him, furnish to the City satisfactory evidence that the required insurance has been obtained and is in effect. If the Contractor fails to provide and maintain such insurance; the City may obtain and maintain the insurance for the Contractor and may deduct the cost of such insurance from any monies due the Contractor under the contract, or the City may terminate the contract without further liability to the Contractor of any nature whatsoever. The Contractor shall provide the Certificate of Workmen's Compensa- tion Insurance required in Section 7-4 of the Standard Specifications and comply with all other provisions of that section. SPECIAL PROVISIONS -3- Section 6. PUBLIC CONVENIENCE AND SAFETY (a) General: --Attention is directed to Section 7-10 of the Standard Specifications and the Manual of Warning Signs, Lights and Devices for Use in Performing the Work Upon Highways published by the California Department of Transportation. Full compensation for conforming to the requirements of Section 7-10 of the Standard Specifications, the above referenced Cal -Trans Manual and these special provisions not otherwise provided for, shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor. -(b) Changes in Requirements: --Sections 7-10.1 and 7-10.3 of the Standard Specifications are amended as follows: Section 7-10.1,,paragraph one (1), last sentence is amended as follows: Unless otherwise authorized, or set forth below, at all times the traffic shall be permitted to pass through the work and one lane kept open with flagmen control. Section 7-10.3, paragraph one (1) is amended as follows: The Contractor shall not close adjacent or intersecting ._streets on the same day, unless approved by the Engineer. On _;,:„streets longer than 1,500 feet between intersections, only one ;side of the street shall be closed on one day. Section 7-10.3, paragraph two (2) is amended as follows: In addition to these provisions and as set forth in Section 6 (c) below, it will be the responsibility of the Contractor to notify, by personal contact or mail, all residents in advance of closing the street. (c) Warning and Protection Devices: --The Contractor will be respon- sible for providing, placing, and maintaining approved signs, barricades, pedestals, flashers, delineators, fences, barriers, and flagmen where needed, and other necessary facilities in the vicinity of the construction area and where any dangerous conditions may be encountered as a result thereof, for the protection of the motoring public. The Contractor will not be allowed to proceed with the work until a sufficient number of these protection facilities have been delivered to the project site. Where parked vehicles are likely to interfere with the proposed work, the City will supply "Temporary No Parking” signs to the Contractor. The Contractor will be required to post these signs 24 hours before the start t' SPECIAL PROVISIONS -4- of construction and to report the time of posting to the City's Police Department for the purpose of establishing "Tow Away" provisions. During the course of the work, opposing lanes of traffic must be separated by striping or delineators. The delineator posts shall be a minimum of 3" in width or diameter. The minimum height shall be 37" above the driving surface of the highway regardless of where the delineator is placed. The vertical portion of the delineators shall be luminous and bright in color. Two 3 -inch amber reflectors shall be mounted on a minimum of 1-1/2 inches apart and in such a manner that one shall be 3 feet above the driving surface. The reflectors shall conform to the Standard Specifica- tions of the Division of Highways, Department of Public Works, State of California, for reflex reflectors. ATT delineators placed in close proximity to the edge of the traffic lane shall be of material that will withstand impact without damage to the delineators, striking vehicle and/or passing traffic. These deline- ators shall be composed of a material that has sufficient rigidity to remain upright while unattended and shall be either flexible or collaps- ible upon impact with a vehicle. The base shall be of such shape as to preclude roll after impact. It shall be the Contractor's responsibility to maintain the aforementioned delineators until such time as the striping is actually accomplished. The use of traffic cones, while unattended, to delineate traffic will be subject to the approval of the Engineer. Should the Contractor appear to be neglectful or negligent in furnishing warning and protection devices as outlined above, the Engineer may direct attention to the existence of a. hazard and the necessity of additional or different measures which shall be furnished and installed by the Contractor at his own expense, free of any cost to the City. Should the Contractor refuse to correct a hazardous condition, the Engineer may direct City forces to provide necessary additional protective and warning devices of a type and amount that he, or his authorized representative, may deem necessary. The actual costs accrued by the City in connection therewith will be deducted from the Contractor's contract payment. Any action on the part of the City in directing attention to the inadequacy of warning and protective measures or in providing additional protective and warning devices shall not relieve the Contractor from responsibility for public safety or abrogate his obligation to furnish and pay for these devices. SPECIAL PROVISIONS -5- (c) Notification: --The Contractor shall give written and reasonable notice to occupants or owners of property adjacent to the construction site at least 48 hours prior to the beginning of construction in their respective areas. The notification shall include the date and time of street closures, parking and traffic access information and requirements, and precautionary information regarding the work to be done. A copy of all notifications shall be submitted to the Engineer for approval. ='Section 7. PROSECUTION AND PROGRESS (a) General: --The prosecution and progress of the work shall conform to Section 6 of the Standard Specifications and these Special Provisions. - •(b) Subletting: --The Contractor shall give his personal attention to the fulfillment of the contract and shall keep the work under his control. No sub -contractor will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor.' Ac) Time Limit: --A11 work shall be completed within 45 calendar days. The Contractor will be required to commence construction within 15 calendar days following the date of the notice to proceed. :.The City will not authorize any work to be done under these specifica- tions before the contract agreement has been signed; and any work that is done by the Contractor in advance of such time shall be considered as being done at his own risk and on his own responsibility, and as a consequence will be subject to rejection by having not been done in the presence of an Engineer or Inspector as provided in Section 2-10 of the Standard Specifications. (d) Liquidated Damages: --The Contractor shall pay to the City of Hermosa Beach the sum of one hundred ($100.00) dollars per day for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above. (e) Scheduling of Work: --After notification to proceed and prior to start of any work, the Contractor shall submit to the Engineer for approval his proposed schedule. The proposed schedule shall indicate in a chronological relationship, the exact starting and completion dates for the various work on each individual street. Exact dates that each street or portions of a street will be completely or partially closed shall also SPECIAL PROVISIONS -6- be indicated. The construction schedule shall reflect completion of all work under the contract within the specified time and in accordance with the Special Provisions and the Standard Specifications. If the Contractor desires to make a change in the approved schedule, or if his schedule fails to reflect the actual progress, he shall submit to the Engineer for approval a revised proposed schedule 48 hours in advance of beginning revised operations. It shall be the responsibility of the Contractor to notify the affected residents and the City's Police and Fire Departments of any authorized hours in advance of beginning revised operations. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. • Section 8. MEASUREMENT AND PAYMENT (a) General: --Attention is directed to Section 9 of the Standard Specifications which includes procedures for determination of payments, partial payments and final payments. Section 9. CHANGES IN WORK (a) Changes in Work: --Paragraph 3-2.1 of the Standard Specifications is amended as follows: 3-2.1 General. The Agency may change the plans, speci- fications, character of the work, or quantity of work. Change orders shall be in writing and state the dollar value of the change or establish the method of payment, any adjustment in contract time, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. Paragraph 3-2.2.1 of the Standard Specifications is amended as follows: 3-2.2.1. Contract Unit.Prices. If a change is ordered in an item of work covered by a contract unit price, an adjustment in payment will be made based upon the increase or decrease in quantity and the contract unit price. The contract unit price shall remain unchanged during the term of this agreement. SPECIAL PROVISIONS -7- •1b) -:Extra Work:==Extra work, when ordered and accepted, shall be paid for under a written work order in accordance with the terms therein provided and as provided in Section 3-3 of the Standard Specifications. Payment for extra work will be made at the unit price or lump sum previously agreed upon by the Contractor and the Engineer; or by force account as provided for in Section 3-3 of the Standard Specifications. The Contractor shall furnish the Engineer report sheets in duplicate of each day's extra work and extra work paid for by force account no later than the working day following the performance of said work. 'After comparison with the Engineer's records, any necessary adjustment is to be made and agreed upon. When these reports are agreed upon and signed by both parties, they shall become the basis of payment for the work performed. Section 10. ESTIMATED QUANTITIES The Engineer's estimate ,of the quantities of work to be done and materials to be furnished are approximate only. Being given as a basis for the comparison of bids, the City of Hermosa Beach does not expressly or by implication agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that they may be deemed necessary or expedient by the Engineer. ''The'stimatedquantities of work and materials to be performed, constructed, or furnished by the Contractor under these specifications are set forth in Schedule A provided herewith and made a part hereof. - SPECIAL PROVISIONS -8- Section 11. UTILITIES (a) General: Attention is directed to Section 5 of the STD SPECS. The following utilities have facilities located within the City's right- of-way. CALIFORNIA WATER SERVICE COMPANY LOS ANGELES COUNTY FLOOD CONTROL SOUTHERN CALIFORNIA EDISON CO. SOUTHERN CALIFORNIA GAS CO. LOS ANGELES COUNTY SANITATION DISTRICT GENERAL TELEPHONE CO. OF CALIFORNIA Names of contact persons, addresses and phone numbers.of the above facilities are on file with the Public Works Department. -9- STANDARD SPECIFICATIONS Section 12. DESCRIPTION OF WORK CITY OF HERMOSA BEACH DESCRIPTION OF WORK FOR CIP 85-502 - IRRIGATION INSTALLATION AND LANDSCAPING FOR PARK DEVELOPMENT AT PROSPECT AVENUE, HOLLOWELL AVENUE AND GENTRY STREET BACKGROUND The park development site is located on the old school grounds at the intersection of Prospect Avenue, Hollowell Avenue and Gentry Street. Work includes irrigation installation and landscaping of the proposed park. DESIRED RESULTS The City is seeking a contractor to perform the work necessary to clear, grade and amend soil; install water and electric to the irrigation system; install irrigation system and landscape the proposed park. Work performed shall conform to Standard Specifications for Public Works Construction, 1985 edition, hereinafter referred to as. "STD SPECS". The following specifications modify portions of the STD SPECS. CITY OF HERMOSA BEACH SPECIFICATIONS FOR IRRIGATION INSTALLATION AND LANDSCAPING FOR PARK DEVELOPMENT AT PROSPECT AVENUE, HOLLOWELL AVENUE AND GENTRY STREET GENERAL 1. Contractor shall install and maintain in a sanitary condition suitable portable toilets for the use of workers. Portable toilets shall be in a location approved by the Director of Public Works or his designee(s), hereinafter referred to as "Director". 2. Contractor shall remove debris from job site daily. 3. Damage to existing utilities, trees, pavements or other property caused by the Contractor shall be restored to original condition at the Contractor's expense. 4. Contractor shall not permanently conceal any work until inspections have been performed and information has been recorded on the "As -Built" drawings. City will furnish the Contractor with one set of blueline prints showing all work required. Contractor shall legibly mark to record actual construction of: a. Depths in relation to finished grade. b. Location of utilities and appurtenances concealed in construction referenced to visible and accessible features of structure. c. Field changes of dimension and detail. d. Changes made by Change Order. e. Details not on original contract drawings. f. Manufacturer, trade name, catalog number, and supplier of each product and item of equipment actually installed. g. Should the contractor encounter any existing underground utilities not shown on the drawings, he shall at once notify the Director. 5. Contractor shall provide to the City a Controller Irrigation Chart, color coded and laminated. 6. Contractor shall provide signs in necessary places to exclude persons, except those connected with the work, from entering the working area. Contractor is responsible for preventing unauthorized persons from entering working area. TEMPORARY and PERMANENT FENCE ENCLOSURE 1. The Contractor shall provide a six foot (6') high chainlink temporary fence line as follows: a. Along the north section of the park area, and b. Across the stairway to the asphalt playing pad during construction for the purpose of blocking off pedestrian access. 2. The Contractor, just prior to the Lawn Installation will install a permanent 8' chain link, 9 guage, galvanized, fence line with fence posts painted Hunter green along the north boundary, fully enclosing the park, providing a double wide, lockable vehicle gate and a pedestrian gate on the Gentry Street side. Fence preventing pedestrian access shall remain through the Plant Establishment period. (See page 16) . UTILITIES 1. The "meyer's can" (electrical) will be installed by the City of Hermosa Beach prior to work beginning and will be located in the south -middle section of the park. The contractor will be responsible for all electrical connections from this point. 2. The water meter will be installed by the City of Hermosa Beach prior to work beginning and shall be located in the northwest section of the park. The contractor will be responsible for all water connections from that point. 3. Record the location of these utilities on the "as built" drawings. SOIL CLEARING, AMENDING, GRADING SOILS REPORT ATTACHED - EXHIBIT I Clearing: 1. Clear the site of grass, weed growth, old masonry, rubbish and debris, roots, non -complying fill, rocks and broken masonry larger than four inches in the greatest dimension and properly disposed of, off site. Soil Amendment: 1. All areas should be cross -ripped or otherwise tilled to a minimum depth of 12". All rocky material in excess of 1" in diameter should be removed to a minimum 12" depth. Area to be leveled back to existing grades, adding new soil as needed. 2. Amendments For Turf Planting: The following amendments should be uniformly broadcast and thoroughly incorporated to a minimum 6" depth by means of a mechanical tiller: Amount per 1,000 Square Feet: Six (6) cubic yards: nitrogen stabilized organic amendment derived from redwood sawdust, fir sawdust or cedar sawdust. Twelve (12) pounds: 16-6-8 commercial fertilizer. The backfill mix for use around the root ball of container grown trees and landscape plants should be prepared as follows: Six (6) parts by volume: Four (4) parts by volume: One (1) pound: Two (2) pounds: on-site soil. nitrogen stabilized organic amendment. 16-6-8 per cubic yard of mix. iron sulfate per cubic yard of mix. The above materials should be thouroughly blended prior to use for backfill purposes. Also note, the iron sulphate should not contact concrete surfaces to eliminate severe staining of walls. Soil Grading: 1. It is the intent of the plans and these specifications that grading be accomplished with site material, limited to the amount necessary to provide a neat appearance to the existing site within the limit lines and elevations shown on the drawings. 2. Appearance shall be the governing factor for rough grading. In case of a deficiency or excess of existing soils to achieve acceptable grading, the grading shall be completed with imported materials. 3. Finish grades shall slope to drain without water pockets or irregularities - after thorough settlement and compaction of the soil. Finish grades shall meet all existing or established controls of sidewalks or walls and shall be of uniform slope and grade between points of fixed elevations or elevation controls and from such points to established grades. Tolerance for finish grading is 1/4 inch, plus or minus. IRRIGATION INSTALLATION 1. Irrigation plans are available at the Public Works Department, 1315 Valley Drive, Hermosa Beach, CA 90254. 2. Please note change in existing drawings eliminating Line #7 and all accompaning tree wells. 3. In addition, a moisture sensor device is to be installed with the irrigation system, similar to the "Hydromaster" by Systematic Irrigation Control or equal. The system installed must have a central override system. 4. Contractor shall install the irrigation system in compliance to the specifications listed and illustrated in the design plans. (ATTACHED) TREE PLANTING and EXISTING TREE CARE 1. Specimen trees shall be planted prior to beginning irrigation work and before lawn installation. Before trees are transported to -the planting area, they shall be properly pruned or cut back to reduce damage by wind and to force lateral growth. 2. The earth surrounding the ball of root shall be throughly wet. Any trees that, in the opinion of the Director, are dry or in a wilted condition when delivered or thereafter, whether in place or not, will not be accepted and shall be replaced at the Contractor's expense. 3. Stakes for trees shall be round, of Lodge Pole Pine, made from the entire pole of the tree with bark removed and completely treated in a solution of pentachlorophenol, at least 2" in diameter. All trees shall be planted, staked, supported and tied in a manner that does not expose barbed ends of wire to public. 4. Existing trees - Pepper and Magnolia - shall remain and be prunned and thinned. Existing trees shall be fed with a slow releasing fertilizer planting tablets described below. LANDSCAPE PLANTING 1. All irrigation system work shall be inspected by the Director before start of any work in this section. 2. Plant Material: Final determination of species or variety shall be made and planted where indicated by the Director. Plants required shall be inspected for approval upon delivery to the site. The Director may reject the entire lot of plants represented by defective samples. Contractor shall install three each, 24" box, Agonis Flexuosa trees where designated by the Director. (Austrailian Willow - Peppermint Tree) Contractor shall install five each, 15 gallon, Trachelospermum Jasminoides where designated by the Director. (Star Jasmine) 3. Finish Grading: Before planting operations begin all trash and debris on the surface of the ground shall be removed and disposed of. All weed growth within the area to receive planting shall be removed. Lawn areas shall be graded so that after cultivation, amendment and settlement, the soil shall be 3/4"-1" below the top of curb, sidewalk or wall. Low spots and pockets shall be graded to drain properly. 4. All planting areas shall be cultivated until the soil is brought to a loose, workable condition to a depth of 12". Remove all rocks and debris. Evenly and thoroughly incorporate into the upper 12" of soil with a mechanical tiller with the perscribed amendment as follows: Three (3) cubic yards of amendment per 1,000 square feet of soil. Backfill material for plant pits shall be a mixture as noted in the STD SPECS, Section 308-4.5. Materials shall be thoroughly mixed to the bottom of the pit so that they are evenly distributred and without clods or lumps. Backfill shall be so placed in the pits that the plant will be at its natural growing height and the backfill material will be level one inch below surrounding soil after settlement. Position the plant .in the hole and backfill no higher than halfway up the root ball. Place the recommended number of tablets evenly around the perimeter of, and immediately adjacent to, the root ball at a depth which is between the middle and the bottom of the root ball. Complete the backfilling, tamp and water. 5. Seed Mixes: Seed shall be fresh, clean, new crop seed, conforming to STD SPECS pre -mixed by mechanical mixer in the proportions specified. Minimum purity and germination as follows: Proportion: Seed: By Weight.: Purity: Germination: Pennfine Rye 20% 95% 90% Kentucky Bluegrass 30% 98% 80% Unhulled Bermuda 50% 98% 85% Seeding rate: Eight (8) pounds per 1,000 square feet. Use hulled Bermuda May 1 through September 30. 6. Hydroseeding and Tree Planting Materials: a. Water: General precautions should be observed when drawing water from sources other than main pressure. Water must be free of impurities. b. Commercial Fertilizer: Ammonium sulfate conforming to the requirements of the Agricultural Code of the State of California. (16-7-12) c. Fertilizer Prills: A long-lasting, slow-release fertilizer compound having an N -P -K ratio of 16-7-12 (+ iron), and being a blend of prills (which supply controlled releae nitrogen, phosphorus, and potassium) and uncoated, rapidly soluble prills containing nitrogen and phosphorus. d. Planting Tablets: Tightly compressed, long-lasting, slow-release fertilizer tablets weighing 21 grams, with a potential acidity of not more than 5% by weight and having an analysis of 20-10-5 guaranteed. e. Iron Sulfate: Ferric sulfate or ferrous sulfate in pelleted or granular form containing not less than 18.5% iron expressed as metallic iron, and shall be registered as an agricultural mineral with the State Department of Agriculture in compliance with Article 2, "Fertilizing Materials", Section 1030 of the Agricultural Code. f. Mulch: Fiber shall be produced from celulose such as wood pulp or similar organic material and shall be of such character that it will disperse into a uniform slurry when mixed with water. The fiber shall be of such character that when used in the applied mixture an absorptive or porous mat, but not a membrance, will result on the surface of the ground. 'Materials which exhibit germination or growth shall not be present in the mixture. g• Binding Agent: Dry powder organic concentrate, Exology Controls M -Binder or equal. LAWN INSTALLATION 1. Install permanent 8' chainlink, 9 guage, galvanized fence, as described on page 11. 2. Grade smooth all surfaces to be seeded. Soil surface should be 3/4 inch below adjacent walks and pavement after settling. Roll lightly and fill in all soil depressions. Soil shall be level, smooth and moist before seeding. 3. The seed bed shall be inspected by the Director to determine its suitability prior to planting. The Contractor shall obtain such approval before seeding grass. No seeding shall be performed until all other construction operations have been completed. 4. Mixing of hydromulch slurry shall be performed in a tank with a built-in continuous agitation and recirculation system of sufficient operating capacity to produce a homogeneous slurry of fiber, M -Binder, seed, fertilizer and water. 5. Application: Area to be hydromulched shall be moistened to a depth of six inches (6") just prior to application. Hydromulch slurry shall be applied evenly under high pressure and resulting in a uniform coat on all areas to be treated. Care shall be exercised to assure that plants in place are not subjected to the direct force of an application. Slurry shall be immediately removed from walks, structures, walls, etc., that are inadvertently sprayed. 6. Watering: Apply water in sufficient quantities and as often as seasonal conditions require to keep the planted areas wet at all times, well below the root system of grass and plants until acceptance of work. All seed shall be kept damp at all times and irrigation should be adjusted accordingly. This normally would involve 4 to 6 watering periods daily, each watering period (ON) regulated to just dampen the mulch and seed, without creating runoff. Intervals between irrigation (OFF) sequence should be judged by the length of the time mulch and seed remain damp. Once mulch and seed begin to fry out, the watering (ON) sequence should be repeated. 7. Prior to the start of the Plant Establishment period all trees and landscape and lawn planting shall be installed and approved. PLANT ESTABLISHMENT 1. During the plant establishment period, the lawn areas shall be kept moist, but not glistening wet, until time for the first cutting of grass. Water lawn to maintain a thriving condition. Any areas where the sod fails to grow - 16 - satisfactorily shall be immediately restolonized. Lawn area to be kept weed free at all times. 2. In order to carry out the plant establishment work, the Contractor shall maintain a sufficient number of workers and adequate equipment to perform the work specified from the time any planting is done until the final approval. Workers are not to walk on grass areas unnecessarily before, during, or after planting operations. Grass areas that have been damaged or compacted shall be recultivated and sodded at the Contractor's expense. 3. The Director will inspect the lawn areas and give approval prior to the first mowing. 4. The plant establishment period shall extend at least 30 calendar days from the date of the last planting. The date of last planting may be the replacement planting of significant areas that fialed to grow at the Director discretion. The lawn area must be mowed .at least once prior to beginning Project Maintenance. PROJECT MAINTENANCE 1. Project Maintenance work shall consist of applying water, weeding, caring for plants, trees, and lawn area, litter pickup, and performing all general project maintenance. 2. The Contractor shall provide supplemental feedings of fertilizer as required to maintain a healthy turf. 3. The lawn area shall be edged whenever necessary. Grass shall be cut before it exceeds 2" in height. Lawn edges shall be maintained in a neat condition until acceptance of the work. 4. The entire project shall be satisfactorily maintained for a period of 60 calendar days, commencing from the time mutually agreed to by Contractor and Director that the plant establishment period has been completed. 5. Damage to planting areas shall be repaired immediately. 6. Replacement of Plants: All plants that show signs of failure to grow at any time during the life of the contract, or those plants so injured or damaged as to render them unsuitable for the purpose intended, shall be immediately replaced in kind at the expense of the Contractor. INSPECTIONS In order to allow for inspections by the Director, the Contractor shall not permanently conceal any materials or work. Contractor shall notify the Director (24 hours) in advance of the following required inspections: 1. Temporary Fence Line Installation Utility Connections: 2. Electrical 3. Water 4. Soil Clearing 5. Soil Amendment Mixes Soil Grading: 6. Rough Grade 7. Finish Grade 8. Irrigation Installation 9. Tree Planting - Condition Upon Delivery 10. Landscape Plants - Condition Upon Delivery 11. Finish Grading 12. Landscape Planting Materials 13. Seed Mixes 14. Hydroseeding Materials 15. Permanent Fence Line Installation 16. Lawn Installation - Pre Plant Establishment 17. First Mowing of Grass - Prior to Project Maintenance 18. Project Maintenance - Twice Weekly At least seven (7) calander days' notice shall be required for final inspection; such notices shall be given to the Director. • .c Santa Ana Office Lab No. 92243 September 12, 1986 City of Hermosa Beach Public Works Dept. 1315 Valley Drive Hermosa Beach, CA 90254 Attn: Mike SOIL AND PLANT LABORATORY, INC. Member of The California Association of Agricultural Laboratories REcEIVCD SEP 1 7 1986 DEPT PROSPECT/HOLLCUFr.T, PARK - SOIL SAMPLES RECEIVED 9-8-86 Attached are results of agricultural suitability and soil fertility analyses carried out on the Prospect/Hollowell Park surface soil samples received on the above date. As noted on the data sheet, agricultural suitability only was determined on the sub -soil sample. Based on the samples received, the surface soil has a wide grada- tion in particle sizes with sub -soil sandy in texture. Soil Analysis Soil reaction is neutral in surface and slightly alkaline in sub -soil with lime content low and boron concentrations well below the toxic range. The salinity (ECe) levels are low and, based on the SAR values, soluble sodium is well balanced by calcium and magnesium. In summary, both surface and sub -soil are non -saline and non -sodic in nature in the areas represented by the samples received. The soil fertility data show available nitrogen and potassium deficient with phos- phorus slightly to moderately low. Calcium and magnesium levels are satisfactory for a soil of this texture. Recommendations If surface soil compaction has occurred, to the extent possible all areas to be landscaped should be cross -ripped or otherwise tilled to a depth of 9" - 12". Also, all rocky material in excess of 1" in diameter should be removed to a minimum 6" depth. For turf and ground cover planting, the following amendments should be uniformly broadcast and thoroughly incorporated to a miniruun 6 inch depth by means of rototiller or equal: AN'T/1,000 SOUARE FEET 6 cu. yds. nitrogen stabilized organic amendment derived from redwood sawdust, fir sawdust or cedar sawdust 12 lbs. 16-6-8 commercial fertilizer P.O. Box 11744, Santa Ana, California 9271 1-1 744 (714) 558-8333 Telex Number. 5101000505 ANSBK Soil Plant SA P.O. Box 153, Santa Clara, California 95052-0153 (408) 727-0330 P.O. Box 1648, Bellevue, Washington 98009-1648 (206) 746-6665 EXHIBIT I SOIL AND PLANT LABORATORY, I NC. Member of The California Association of Agricultural Laboratories Page 2 City of Hermosa Beach September 12, 1986 The backfill mix for use around the root ball of container grown trees and shrubs should be prepared as follows: 6 parts by volume on-site soil 4 parts by volume nitrogen stabilized organic amendment 1 lb. 16-6-8 per cu. yd. of nix 2 lbs. iron 'sulfate per cu. yd. of mix The above materials should be thoroughly blended prior to use for backfill purposes Also, the iron sulfate should not contact cement surfaces since severe staining could occur. In order to ensure continuing adequate soil phosphorus and potassium nutrition, a high nitrogen content complete postplant maintenance fertilizer program should be employed for the first few months. Beginning approximately 30 days after planting, the 16-6-8 or equal should be applied at the rate of 6 pounds per 1,000 square feet on a monthly basis. When plants have become well established, the frequency of fertilizer applications can be decreased. Please call i ou have any questions. FORREST FULLMER FF:mw EXHIBIT I Soil and Ti2aRt 2abokafoiuj, gree. City of Hermosa Beach - Public Works 1315 Valley Drive Hermosa Beach, CA 90254 • P.O. Box 11744, Santa Ana, California 92711-1744/(714) 558-81'33 P.O. Box 153, Santa Clara, California 95052-0153/(408) 727-0330 P.O. Box 1648, Bellevue, Washington 98009-1648/(206) 746-6665 SOIL FERTILITY AND AGRICULTURAL SUITABILITY (A04) Soil Sample received 9-8-86 - Prospect/Hollowell Park Santa Ana Office Lab No. 92243 September 12, 1986 Saturation Extract Sam Half Parts Per Million Dry Soil 1 atC�MgNValues aVaKB I SAR QUAD ple Sat. 1 NO3-N NH4-N PO4-P K Ca Mg 1 pH 1ECe Me/1 Me/1 Me/1 Me/1 PPM 1 LII•ME _# % - 1 1 1 1 '19 2 4 12 20 720 138 : 7.0 0.5 2.0 1.0 1.7 0.1 0.25 1.4 LOW Half Saturation %-approx. field moisture capacity. Salinity = ECe(mmhos/cm at 25 degrees C) SAR-Sodiurn Adsorption Ratio SoiV and Pat abonatony, One. Member of The California Association of Agricultural Laboratories P.O. Box 11744, Santa Ana, Ca'llfomia 92711-1744 (714) 558-8333 Telex Number. 188747 TAB IRIN P.O. Box 153, Santa Clara, California 95052-0153 (408) 727-0330 P.O. Box 1648, Bellevue, Washington 98009-1648 (206) 748-6665 City of Hermosa Beach - Public Works AGRIQJL'JXJRAL SUITABILITY ANALYSIS 1315 Valley Drive (A-02) Hermosa Beach, CA 90254 Santa Ana Office Lab No. 92243 September 12, 1986 Prospect/Hollowell Park - Soil Samples received 9-8-86 Sam Half Saturation Extract Values pie Sat. 1 Ca Mg Na K B 1 Qual # % pH 1ECe Me/1 Me/1 Me/1 Me/1 ppm 1 SAR lime SAMPLE DESCRIPTION 1 1 2 /7 7.2 0.2 1.0 0.4 0.9 0.1 0.27 1.1 LO7 Half Saturation a Approximate field moisture capacity. ECe-mmhos/cn at 25 degrees C. SAR-Sodium Adsorption Ratio. EXHIBIT I._„ • • • A '-, • • , • 4 • 4 444 '1 - ss .4S seir .7.11/47.eirry " '11114.Tyrt:77-"1.7 • • " ... • a. • • r • 4 la riS • olk 4 A. %.1' is • .4 T. 41.113; if ,,,,1;4• • ••••-i,,..% ..• •••• • •• • r% tt•74:..7j/7,•:1:7A I' • i•J•111. Ci••‘•— 014\ • dirci teem* I Col • "P f :.# • Co) 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 -1- • Accompanying this proposal is (Insert $ 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. The undersigned further agrees that should he be awarded the contract on the basis hereof and thereafter, defaults in executing the required contract, with necessary bonds and documents, within ten (10) days, not including Sundays and legal holidays, after having received noticethat the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of HERMOSA BEACH and this proposal and the acceptance thereof may be considered null and void. Licensed in accordance with an act providing for the registration of contractors, California Contractor's License No. , Class Expiration date, Signature(s) of bidder If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, also names of president, secretary, treasurer, and manager thereof. Two notarized officer's signatures and the corporate seal are required for corporations. Legal Business Name Address Telephone 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-. AGREEMENT:FOR— IRRIGATION INSTALLATIONAND LANDSCAPING Bid Date Contractor's Name ITEM NO. -- ITEM - APPROX.c QUANTITY UNIT OF MEASURE • ...PRICE (IN FIGURES) TOTAL DOLLARS (IN FIGURE! , . . 1. IRRIGATION INSTALLATION ..... _ 100% - LUMP SUM ._ . 2. LANDSCAPE INSTALLATION 100% LUMP SUM • . ..- • - ... - . • ' - • • - . . -.. ..,„:- E... _ %... • • _ „ - ... _ _ - • _ - - - - - " - --- . _ _ • . • TOTAL COST .-_•:. • • '• . PROPOSAL -3- •• • •• ••• .••... To be submitted with each bid to Project Identification contract for Bid date This information must include all construction 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 Year of Record 19 19 19 19 19 Total Current Year 1. No. of contracts 2. Total dollar amount of .'contracts (in thousands of %) *3. No. of fatalities *4. No. of lost workday cases • *5. No. of lost workday cases involving permanent transfer to another job or termina- tion of employment " *6. No. of lost workdays *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. • Name of Bidder (print) Signature • Address City • State Contractor's Lic. No. & Classification Zip Code Telephone PROPOSAL -5- • B CITY OF HERMOSA BEACH STATE OF CALIFORNIA BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOWN ALL PERSONS BY THESE PRESENTS: That we, as Principal, and as Surety, are held and firmly bound unto the City of Hermosa Beach in the sum of ($ ) dollard, to be paid to the said City or its certain attorneys, its successors and assigns; for the payment of whic sum, well and truly made, we bind our- selves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH That if the cedrtain proposal of the above bounden to dated , 19 , is accepted by the City of Hermosa Beach , and if the above bounden his heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract for such construction, and shall execute and deliver the two bonds described within ten days (not including Sunday), from the date of the mailing of a notice to the above bouden by and from the said City of Hermosa Beach that said contract is ready for execution, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of , 19 . • PROPOSAL -6- 3 CITY OF HERMOSA BEACH ; STATE OF CALIFORNIA NON -COLLUSION AFFIDAVIT The undersigned in submitting a bid for performing the following work by ._ contract, being duly sworn, deposes and says: That he has not,.either directly or indirectly, entered into any agree- ment, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. City Project No.: Federal Project No.: _...Signature of Bidder Business Address Place of Residence Subscribed and sworn to before me this day of 198 . ..__- Notary Public in and for the County of Los Angeles, State of California. My Commission Expires , lg PROPOSAL -7- 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 , 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 contact 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 April 17, 1987 Honorable Mayor and Members City Council Meeting of the Hermosa Beach City Council of April 28, 1987 INFORMATIONAL TIM AND RECOMMENDATION TO ACCEPT DONATIONS OF EQUIPMENT AND MONEY FOR CRIME PREVENTION AND THE D.A.R.E. PROGRAM RECCMNENDATION: The following recommendations are made for consideration by the City Council: 1. Receive and file this report. 2. Accept the described donations on behalf of the City for use in crime prevention and the D.A.R.E. program.. 3. Direct the City Clerk to prepare letters of appreciation for the 4 Mayor's signature. BACKGROUND: 4 Scott Ingell and Richard Seals, both of Hermosa Beach, recently donated a video cassette recorder/player to the Police Department for use in crime prevention and the D.A.R.E. programs. William J. Adkins, President/Owner of Manhatten Volkswagen, Manhatten Ford, Torrance Lincoln/Mercury, Torrance Nissan, Torrance Hyundai, South Bay Volvo and South Bay Autohaus, recently donated a total of $1,000. frau his various busi- businesses. He asked that the money be used for our D.A.R.E. program. NOTED: Gregory T. Meer, City Manager 4 fully 'tted, l ! ' Steve S. isniewski Director of Public Safety vc 1s April 17, 1987 Honorable Mayor and Members City Council Meeting of the Hermosa Beach City Council of April 28, 1987 INFORMATIONAL ITEM AND RECOMENDATION TO ACCEPT DONATION OF BICYC'r FS FOR USE BY THE POLICE DEPARTMENT RECOMMEMATION: The following recarmendations are made for consideration by the City Council: 1. Receive and file this report. 2. Accept the described donation on behalf of the City for use by the Police Department. 3. Direct the City Clerk to prepare a letter of appreciation for the Mayor's signature. BACKGROUND: Jay Podgurski and Carl Pedersen of Beach Cities Cycle have made arrangements through their distributor, West Coast Cycle, to donate the use of two bicycles for use by the Department during the summer. Beach Cities Cycle will also pro- vide all necessary maintenance at no cost to us. The bicycles are Nishiki mountain bikes and will be equipped with racks, a carrying bag and cable locks. They will be painted black and white and are valued at $590. each. Beach Cities Cycle wishes to donate them for use, frau May 1987 to September 1987. We will then return then to Beach Cities Cycle. fully teve S. isniewski tted, Director of Public Safety NOTED: l V y T. Meyer, City Manager Attachment It BEACH CITIES CYCLE 219 PACIFIC COAST HWY., HERMOSA BEACH, CA 90254 (213) 318-6030 Chief Steve Wisniewski Hermosa Beach Police Department 540 Pier Avenue Hermosa Beach, CA 90254 Dear Chief Wisniewski April, 16, 1987 Beach Cities Cycles and West Coast Cycle, distributor for Nishiki bicycles, would like to donate two new Nishiki Mountain Bikes for the exclusive use of the Hermosa Beach Police Department. Beach Cities Cycle will make the bikes available from May 1987 thru September 1987. We will also provide maintanence on the bikes until they are returned to us. This donation is made in the name of Beach Cities Cycle as a concerned and active member of the Hermosa Beach business community. We look foreward to providing this same service in summers to come. We, and West Coast Cycle, would like to make the formal presentation to you and members of the City Council at your convenience. Yours Truly, A\); and Carl Pedersen ay 1Podgurski April 21, 1987 Honorable Mayor and Members of Regular Meeting the Hermosa Beach City Council April 28, 1987 AUTHORIZATION TO ISSUE ADDITIONAL CHANGE ORDERS ASPHALT STREET REPAIR, CIP 86-163 Recommendation: It is recommended that City Council authorize staff to issue additional change orders up to a total amount not to exceed $31,244 for CIP 86-163, City Asphalt Street Repairs. Background: On February 24, 1987, City Council authorized the Mayor to sign an agreement with Vernon Paving Co. for asphalt street repair within the City. This contract had a cost not to exceed $71,774 and repair work is scheduled to begin May 4, 1987. Analysis: Pavement deficiencies were identified during September, 1986. Areas were remarked during March and April of 1987 and additional deficiencies were located (Exhibit A) and could total up to $31,244. Staff originally intended to utilize the estimated fund balance ($31,244) for street overlay work on sections of Valley Drive, and the alley west of Pacific Coast Highway (between Gould and 30th Street). The alley between Gould and 30th Street will require further investigation, and Valley Drive cannot be overlaid until certain sections are removed and replaced. Removal and replacement of deteriorated asphalt is the scope of work of the City's contract with Vernon Paving Co. It makes good sense to include this work as a change order to this contract while Vernon Paving Co. is already "on the job" in the area, the funds are available and their unit cost is the lowest submitted to the City. Vernon Pavinghas agreed to hold their unit cost of $77.25 per ton of asphat placed up to $109,635.00 (Exhibit B). This is a low price since other prices submitted when the project was bid were as follows: Madison Paving Sully -Miller Damon Paving 1 $130.00 per ton $136.50 per ton $137.00 per ton Fiscal Impact: Budgeted amount $103,018 CIP 86-163 Vernon Paving Contract Amount Not to Exceed $71,774 Estimated Balance $31,244 Note that the original budgeted (SB300 Funding) amount was $109,635. However, in October, 1986, this state allocated budget was reduced to $103,018. Staff recommends that the $31,244 estimated balance be available for asphalt repair change orders for CIP 86-163. Vernon Paving Co. will not proceed with any extra work until they are authorized by staff. The final contract cost will not exceed $103,018. If these funds are not used this fiscal year, they will be unavailable next fiscal year. Alternatives: Other alternatives available to Council and considered by staff are: 1. Do not authorize additional change orders exceeding $71,774; thereby, allowing a potential lapsing of $31,244. 2. Drop the project and perform no maintenance on the streets; thereby, allowing a potential lapsing of $103,018. Respectfully submitted, v(11W ebb -rah M. Murphy Assistant Engineer Concur: Al2\Mel-2A_ Gregory T. Meyer City Manager addco/m 2 Concur: 4A/A1A;IiLL4 .4•11- _414 Ant ony Antich Director of P b is Works Noted for Fiscal Impact: Viki Copeland Finance Administrator CITY OF HERMOSA BEACH ASPHALT STREET REPAIR CIP 86-163 LOCATION EXHIBIT A ADDITIONAL LOCATIONS April 20, 1987 1538-1528 Prospect 1516 Prospect 1430 Prospect 14th & Prospect 340 Massey Monterey & Pier Sunset & Pier (south) 545 21st St. 611 6th St. 600 6th St. 655 6th St. 1st P1. & Ardmore 1246 19th St. 1206 19th St. 1138 19th St. 1103 19th St. 562 24th St. 542 24th St. 545 20th St. Park & Monterey 2704 El Oeste 24th @ Harper Golden @ 17th St. llth St. west of PCH llth St. west of PCH 8th & Loma Valley Dr. : Gould - 20th St. (several large areas) /VERNON PAVING CO. Woodland Drive Anaheim, California 92801 April 20, 1987 Deborah M. Murphy Assistant Engineer City of Hermosa.Beach 1315 Valley Drive Hermosa Beach, CA 90254 Subject: CIP 86-163 City Street Repairs Dear Debbie, Pursuant to our recent conversation, Vernon Paving, Inc. agrees to hold its original (bid) unit price of $77.25 (seventy seven dollars and twenty five cents) per ton of asphalt poured for .a total con- tract amount of up to $109,635.00. Sincerely, C. • a,4, ,/ Harry C . dross Project Manager Vernon Paving, Inc. DMM:HCG:mv (714) 527-8600 Conitactors License Na 411316A Mayor and Members of the City Council ,,„1- laEo A'N) vilk was April 21, 1987 City Council Meeting April 28, 1987 ORDINANCE NO. 87-879 - AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 86-862 BY ADDING THERETO A PROVISION REQUIRING BICYCLES TO BE WALKED AND SKATEBOARDS TO BE DISMOUNTED ON THE STRAND BETWEEN 15TH STREET AND 10TH STREET WHEN THE WALK ZONE IS IN EFFECT. Submitted for waiver of further reading and adoption is Ordinance No. 87-879 relating to the above subject. At the regular meeting of April 14, 1987, this ordinance was introduced by the following vote: AYES:. NOES: ABSENT: ABSTAIN: Concur: DeBellis, Rosenberger, Simpson, Williams, Mayor Cioffi None None None &.e.4.436) Kathleen Midstokke, City Clerk Greg y er 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 ORDINANCE NO. 87 - 87 9 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 86 - 862 BY ADDING THERETO A PROVISION REQUIRING BICYCLES TO BE WPLKED AND SKATE- BOARDS TO BE DISMOUNTED ON THE STRAND BETWEEN 15TH STREET AND 10TH S1Rl1' WHEN THE %TALK ZONE 'IS IN EFFECT. WHEREAS, the City Council of the City of Hermosa Beach is concerned with the public safety, including the safe use of public streets, sidewalks and other thoroughfares; and; WHEREAS, each year several million persons use and tra- verse the walkway adjacent to the public beach known as The Strand; and; WHEREAS, bicyclists, skateboarders, rollerskaters, joggers, sightseers and other pedestrians have increased in num- bers over recent years, competing for limited space on The Strand; and; WHEREAS, this increased usage and competition for recrea- tional use poses a serious threat to the public safety; and WHEREAS, said City Council desires to reduce the threat to public safety in certain high use areas. NOW, THEREFORE, THE CITY COUNCIL OF THE QTY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. That Article I, Chapter 5, Section 5-24.5, of the Municipal Code, titled "Wheeled vehicles or devices on Strand Walkway," shall be amended by adding thereto, after subsection (e), item "(ee)" to be titled "Designated Walk Zones," to read as follows: "(ee) DESIGNATED W?LK ZONES. The City Council by a majority vote, may designate certain areas of The Strand walkway as hazardous for bicycling and skateboarding, based on appropriate studies and/or staff recommendations, and may designate those areas q 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 as walk zones by amendment to this ordinance and ordering the placement of appropriate signs, barricades, markings, flashing lights, delineations or devices signifying "Walk Zone Ahead" at least fifty (50) feet prior to the designated zone; and the placement of appropriate regulatory signs at the beginning of the walk zone such as, "Valk Bikes and Skateboards when Flashing." The end of the walk zone shall be desig- nated by signs indicating "resume riding beyond this point". It shall be unlawful to ride a bicycle or skateboard when the following designated walk zone is in effect: 1. The Strand walkway between the centerlines of 10th Street and 15th Street. SECTION 2. That enforcement of this ordinance shall catmence May 1, 1987. SECTION 3. That prior to the expiration of fifteen days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a newspaper of general circulation, published and circulated in the City of Hermosa Beach. SECTION 4. That pursuant to Government Code Section 36937, this ordinance is designed to protect the health and safety of the citizens of Hermosa Beach and the general public and becames effective immediately upon adoption of a four-fifths (4/5) vote of the City Council. 1 2 3 4 5 6 7 8 PASSED, APPROVED AND ADOPrID THIS th day of April, 1987. PRESIDED of the City Council, and MAYOR of the City of Hermosa, Beach ATTEST: APPROVED AS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY CLERK CITY ATTORNEY �l (9 Mayor and Members of the City Council April 21, 1987 City Council Meeting April 28, 1987 ORDINANCE NO. 87-880 - AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 5 - 24.5 (e) OF THE MUNICIPAL CODE BY ADDING THERETO A PROVISION ESTABLISHING A TEN MILE PER HOUR SPEED LIMIT ON THE ENTIRE LENGTH OF THE STRAND. Submitted for waiver of further reading and adoption is Ordinance No. 87-880 relating to the above subject._ At the regular meeting of April 14, 1987, this ordinance was introduced by the following vote: AYES: DeBellis, Rosenberger, Simpson, Williams, Mayor Cioffi NOES: None ABSENT: None ABSTAIN: None Concur: 44f)Kathleen Msokke City Clerk Greg•ry T. M ye , Ci y anager 211 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 - 880 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 5 - 24.5 (e) OF THE MUNICIPAL CODE, BY ADDING THERETO A PROVISION ESTABLISHING A TEN MILE PER HOUR SPEED LIMIT ON THE ENTIRE LENGTH OF '1'HE STRAND. WHEREAS, the City Council of the City of Hermosa Beach is concerned with the public safety, including the safe use of public streets, sidewalks and other thoroughfares; and; WHEREAS, each year several million persons use and tra- verse the walkway adjacent to the public beach known as The Strand; and; WHEREAS, bicyclists, skateboarders, rollerskaters, joggers, sightseers and other pedestrians have increased in num- bers over recent years, carpeting for limited space on The Strand; and; WHEREAS, this increased usage and competition for recrea- tional use poses a serious threat to the public safety; and WHEREAS, said City Council desires to reduce the threat to public safety in certain high use areas. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DCES ORDAIN AS FOLLOWS: SECTION 1. That Article I, Chapter 5, Section 5-24.5 (e) of the Municipal Code, titled "Dangerous speed; penalty" shall be amended to read as follows: "(e) Dangerous Speed; penalty. It shall be deemed reckless and dangerous if any person rides or operates any wheeled vehicle or device permitted on the Strand walkway, including bicycles, skate- boards and roller skates, in excess of ten (10) miles per hour, at an unsafe -speed under existing conditions, or operates such vehicle or device permitted on the Strand walkway in such a reckless, wanton or 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 careless manner as to constitute unsafe riding or operating, and any person so operating or riding said vehicle or device shall be guilty of an infraction•of the law as set forth in Sections 19c and 19d of the Penal Code of the State of California. SECTION 2. That enforcement of this ordinance shall catinence May 1, 1987. SECTION 3. That prior to the expiration of fifteen days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a newspaper of general circulation, published and circulated in the City of Hermosa Beach. SECTION 4. That pursuant to Government Code Section 36937, this ordinance -is designed to protect the health and safety of the citizens of Hermosa Beach and the general public and becomes effective immediately upon adoption of a four-fifths (4/5) vote of the City Council. PASSED, APPROVED AND ADOPTED THIS th day of April, 1987. ATTEST: PRESIDENT of the City Council, and MAYOR of the City of Hermosa, Beach CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY .1 yzi\>c- sdi 490) .1v,) 1-1-15 Mayor and Members of the City Council April 21, 1987 City Council Meeting April 28, 1987 ORDINANCE NO. 87-882 - AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, SECTION 206 TO MODIFY THE DEFINITION OF AN URBAN BLOCK IN RELATION TO THE LOT MERGER ORDINANCE AND TO APPROVE A NEGATIVE DECLARATION. Submitted for waiver of'further reading and adoption is Ordinance No. 87-882 relating to the above subject.. At the regular meeting of April 14, 1987, this ordinance was introduced by the following vote: AYES: DeBellis, Rosenberger, Simpson, Mayor Cioffi NOES: Williams ABSENT: None ABSTAIN: None Concur: r T. Me er Citt1Manager an Gre y , y Kathleen Midstokke, City Clerk 2 d - 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- 882 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, SECTION 206 TO MODIFY THE DEFINITION OF AN URBAN BLOCK IN RELATION TO THE LOT MERGER ORDINANCE AND TO APPROVE A NEGATIVE DECLARATION. WHEREAS, the City Council held a public hearing on April 14, 1987 to receive oral and written testimony regarding this matter and made the following Finding: 1. A second definition is necessary in conjunction with the newly adopted lot merger orinance; NOW, THEREFORE, THE CITY OF HERMOSA BEACH, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: A. Section 206 Block shall be amended to read as follows: "Section 206. Block. 1. Block: All property fronting upon one (1) side of a street between intersecting and intercepting streets, or between a street and a railroad right-of-way, waterway, terminus or dead-end street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts. 2. Block (relating to lot merger): Where the need for determination regarding lot merger, Section 29.5-21, occurs, the following defintion shall apply: All lots facing a common street on both sides of said street, except where residential zoned lots do not exist, or are not within the City limits, and said lots are between intersecting and/or intercepting streets or between a street and a railfoad right-of-way, terminus, dead-end street or City boundary." PASSED, APPROVED and ADOPTED this day of April, 1987. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California. ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY Location a. Address,: A V 1 1 Y 1 1,1 i r/ u i i r i V A i i v <• City of Hermpsa Beach, City-wide b.Legal : N/A __-. 2. Description Text Amendment to Zoning Code re: Defknition of "urhan" h]nrk" 3. Sponsor a. Name: City of Hermosa Beach, Planning Department b. Mailing Address: 1315 Valley Drive Hermosa Beach,'CA 90254 Phone:(213) 376-6984 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 Act. 'This declaration is documentation of the review and, if it be- comes final, no comprehensive Enviromnental Impact Report is required for this project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE _We have undertaken and completed an Environmental Impact Review of this prc 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 on file in the Building Department. Date of Finding Chairman, Environmental Review Committee FINDING OF THE PLANNING COMMISSION We have undertaken and completed an Environmental Impact Review of this pro- ject 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 Department. 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 Hermosa Beach, and -find this project does not require a comprehensive En- vironmental Impact Report because, prMitlAdotahtuaMaSchtEkcixxikixt-xiaexicckikx1Rectssr Awmaicsc tecxiaxalnzclaaixiaxgbtexptsol 4xit would not have a significant effect on the environment. Documentation supporting this finding is on file in the Building Department. April 14, 1987 Date of Finding Mayor, Hermosa Beach City Council Se15S - April 21, 1987 1G 05 Honorable Mayor and Members of the Regular Meeting of Hermosa Beach City Council April 28, 1987 Resolution of Intent to Study the Maximum Height of Buildings in All Zones Recommendation tnabzL c cvl Staff recommends adoption of the attached resolution. Background The City Council requested a Resolution of Intent to study height at their March 24, 1987 meeting. Analysis Resolution: The attached resolution will direct the Planning Commission to review the current height standards found within the Zoning Ordinance. Time Frame: Since there was discussion as to when reports must be available to the City Council, the Staff researched the City's Ordinances and State law. Article 15 of the Zoning Ordinance does relate to amendments and is the only Section which relates to the subject matter. However, this Section discusses time frames for specific amendments to this ordinance and not to studying such issues. It should be noted that this Section is seriously out-of-date and no longer relates to reality in many respects. The ordinance gives the Planning Commission 40 days from the date of the resolution to have a public hearing, and a total of 80 days between the Planning Commission hearing and the City Council public hearing. Also, the City Council has another 60 days after the public hearing to notify the public of their decision, but this notification period can be extended with "good cause". The State law, Section 65853, allows the Planning Commission a "reasonable time" determined by the City Council to "study and report" upon a Zoning amendment. After a "reasonable time" has passed, the City Council may, in writing, notify the Planning Commission to submit a report within 40 days (refer to attachment for specifics). 1 Attachments 1. Resolution of Intent 2. State Planning & Zoning, Section 65853 3. City Council Minutes of 3/24/87 CONCUR: Gr oryt eTer g Cit Mana �r 2 Micia1 Schubacb 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 RESOLUTION 87- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, INDICATING ITS INTENT TO STUDY HEIGHT LIMITATIONS OF BUILDINGS AS IT PERTAINS TO SCREENING, DENSITY, LOT SIZE, VALUE OF UNIQUE SKYLINE, OCEAN VIEWS, LIGHT, AIR, AND VENTILATION. WHEREAS, the current Zoning Ordinance allows a maximum of 45 feet in height for buildings in the C-1, C-2 and C-3 zones, and 25 feet in the R-1, 30 feet in the R-2 and 35 feet in the R-3 zones; and WHEREAS, the maximum height may be excessive in all or some areas of the City; and WHEREAS, to protect the health, safety, and welfare of the residents of the City, the maximum height should be studied in regard to screening, density, lot size, value of unique skyline, ocean view, light, air, and ventilation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: 1. The Planning Commission shall be directed to research and assess standards for the maximum height of buildings in all zones. 2. The assessment shall include appropriate Zoning Ordinance amendments, procedural guidelines and all other pertinent reformation. b 7-14-10 PASSED, APPROVED and ADOPTED this day of April, 1987. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California. ATTEST: PPROVED AS 0 FO M: CIT CLERK 27 2 Y ATTORNEY (Added by Stats. 1985, Ch.822.) Zoning amendment 65853. A zoning ordinance or an amendment to a procedures zoning ordinance, which amendment changes any property from one zone to another or imposes any regulation listed in Section 65850 not theretofore imposed or removes or modifies any such regulation theretofore imposed shall be adopted in the manner set forth in Sections 65854 to 65857, inclusive. Any other amendment to a. zoning ordinance may be adopted as other ordinances are adopted. When the legislative body has requested the planning commission to study and report upon a zoning ordinance or amendment which is within the scope of this section and the planning commission fails to act upon such request within a reasonable time, the legislative body may, by -written notice, require the planning commission to render its report within 40 days. Upon ..receipt of the written notice the planning commission, if it has not done so, shall conduct the public hearing as required by Section 65854. Failure to so report to.the legislative body . within the above time period shall be deemed to be approval of the proposed zoning ordinance or amendment to a zoning ordinance. (Amended by Stats. 1972, Ch. 384.) (c) i Minutes 3-24-87 Request by Mayor Pro Tem Simpson for discussion of a proposed resolution of intent to the Planning Commission with individual council input re. height limit of build- ing structures, screening problems, density, lot size problems, value of unique skyline, and value of ocean view, value of air and sunlight. Action: Resolu sion re: tains to screen unique skyline, April 28th Meet in height throu Motion Simpson, sion). So order tion of Intention to the Plann Height Limit of Building.Stuctures a ing problems, density, lot siz ocean view, air, and sunlight ing, prepared by City Attorney ghout City.) second DeBellis (for purposes ed, noting the objection of Ci ing Commis - s it per - e, value of . Back for . (Changes of discus- offi. 4#1C.SCA PC-4 stiGU- (*A k‘"41 ffruL April 20, 1987 Honorable Mayor and Members of the Regular Meeting of Hermosa Beach City Council April 28, 1987 Text Amendment to Allow Fences to Exceed the Maximum Height with the Approval of a Conditional Use Permit & Standard Conditions of Approval Recommendation Staff recommends that the attached ordinance and proposed conditions be adopted. Staff also recommends that this matter be referred to the Planning Commission for review and recommendation. Abstract The current ordinance requires a variance be obtained for fences that exceed the height limitations. The required findings for issuing a varinace are often difficult to establish. Amending the current ordinance will allow fences to exceed the established height limit by requiring a Conditional Use Permit. Background On February 17, 1987, the Planning Commission adopted a resolution recommending that the Zoning: Ordinance be amended to require Conditional Use Permits for fences that exceed the height limit. On April 14, 1987, this matter was referred to the City Council for adoption of the text amendment. At that meeting, the City Council directed Staff to develop criteria and conditions to be imposed with the Conditional Use Permit allowing fences to exceed height limitations. Analysis The conditions established in the proposed ordinance have been created to maintain an aesthetically pleasing environment and minimize any negative impacts a fence or hedge may have regarding view, light, air and ventilation. Other conditions may be added as deemed necessary or appropriate, pending review of each individual application. 1 Attachments 1. Ordinance No. 87- 2. Resolution P.C. 87-12 3. Background a. C.C. Minutes of 4/14/87 b. P.C. Staff Report dated 2/12/87 c. P.C. Minutes of 2/17/87 CONC i/ Air-:.... Michael Michael Schubac (:/annning Director Gr gory T Myer C i y Manager 2 Respectfully,submitted And Pere Associate Planner 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 l J'9sc (atF ortpb ORDINANCE NO. 87 - AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 1215 OF THE HERMOSA BEACH ZONING CODE TO REQUIRE CONDITIONAL USE PERMITS FOR WALLS, FENCES AND HEDGES THAT EXCEED THE HEIGHT LIMIT IN ALL RESIDENTIAL, COMMERCIAL, AND MANUFACTURING ZONES; TO REQUIRE A CONDITIONAL USE PERMIT FOR ANY WALL, FENCE OR HEDGE CONSTRUCTED BY A PRIVATE PARTY WITHIN AN OPEN SPACE ZONE OR PUBLIC RIGHT-OF-WAY; ADOPT SECTION 10-10, ESTALISHING STANDARD CONDITIONS FOR WALLS, FENCES AND HEDGES; AND ADOPT A NEGATIVE DECLARATION. WHEREAS, the City Council of the City of Hermosa Beach held a public hearing take public testimony following Findings: 1. The Zoning Ordinance exceed the height limit; 2. The Findings required to to cases in which fences exceed the height limit; on April 14, 1987 and April 28, 1987 to regarding this matter and made the requires variances for fences that grant variances do not usually apply 3. The Conditional Use Permit process is more applicable for requests to exceed the height limit for fences; NOW, THEREFORE, BE IT RESOLVED that the City of Hermosa Beach, California, does hereby ordain as follows: Section 1215 Wall or Fence May Be Maintained. shall be retitled as follows: "Section 1215 Walls, Fences and Hedges in Residential, Commercial, Manufacturing, Open Space Zones, and on Public Right -of -Way." A. B. Existing two paragraphs shall be numbered "1." and "2." C. Paragraphs "3.", "4.", and "5." shall be added to state the following: "3. Residential walls, fences or hedges may exceed the maximum height noted above in subsection 1 and 2 if a Conditional Use Permit has been granted by the Planning Commission, subject to the conditions set forth in Section 10-10 of the Zoning Ordinance. 4. Walls, fences or hedges exceeding 36 inches in height in commercial or manufacturing zones shall require a Conditional Use Permit, subject to the - 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 conditions set forth in Section 10-10.of the Zoning Ordinance. 5. Walls, fences or hedges when proposed by a private party within the Open Space Zone or public right-of-way areas shall require a Conditional Use Permit and an Encroachment Permit when applicable, subject to the conditions set forth in Section 10-10 of the Zoning Ordinance." D. Section 10-10 shall be added under Article 10. Conditional Use Permit Standards. and shall be entitled "Walls, Fences and Hedges." Section 10-10 shall state the following: "1 The wall or fence shall be constructed of an aesthetically pleasing material such as earthtone split face block, wrought iron or simulated wrought iron or a similar material approved by the Planning Director. Plain grey block shall not be allowed. 2. The wall, fence, or hedge shall be constructed to a height which does not infringe on the view, light, air, or ventilation of the adjacent properties. 3. The wall or fence shall be maintained by the applicant; loose bricks, damaged fences or supports shall be repaired in a timely manner. 4. Under no circumstance shall the fence be altered so as to add razor wire, barbed wire, broken glass, or other similar material.. 5. No signs, banners, posters or other similar advertisement materials shall be permitted upon the wall or fence unless approved by the Planning Director. All signs shall conform to the requirements of the sign code. 6. Any graffiti placed upon the wall or fence shall be removed immediately by the applicant, lessee, or owner of the property. 7. When applicable, an Encroachment Permit per the City's Department of Public Works requirements shall be obtained for a wall, fence or hedge constructed or grown within the public right-of-way. 8. When applicable, fences along perimeters of parking areas shall be constructed with buffers to prevent automobiles from damaging the fencing. These buffers may include curbed landscaped areas, concrete car stops, or other similar buffers. 9. The wall or fence if over three (3) feet in height, as measured from the existing grade of either side, shall obtain permits as required by the Building Department. 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 10. Hedges shall be continually maintained in a neat and trimmed manner. 11. Prior to this Conditional Use. Permit being in effect, the applicant shall submit to the Planning Department a signed and notarized "Acceptance of Conditions" form. 12. The Planning Commission may review the Conditional Use Permit and may amend the subject conditions and impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the issuance of the Conditional Use Permit." PASSED, APPROVED and ADOPTED this day of 1987. PRESIDENT of the City Council and MAYOR of the City o Hermosa Beach, California. ATTEST: APPROVED 0 FORM: CI CLERK CITY ATTORNEY 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 P.C. 87-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND THE ZONING ORDINANCE TO REQUIRE CONDITIONAL USE PERMITS FOR FENCES THAT EXCEED THE HEIGHT LIMIT. WHEREAS, the Planning Commission held a public hearing on February 17, 1987 to receive oral and written testimony on this matter and the following Findings: A. The Zoning Ordinance requires variances for fences that exceed the height limit; B. The Findings required to grant variances do not usually apply to cases in which fences exceed the height limit; C. The Conditional Use Permit process is more applicable for requests to exceed the height limit for fences; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Hermosa Beach, California, does hereby recommend that the City Council amend the Zoning'Ordinance by amending and adding the following language to Section 1215 Wall or Fence May Be Maintained. 1. Said Section shall be retitled as follows: "Section 1215 Walls, Fences and Hedges in Residential, Commercial and Manufacturing Zones." 2. Existing two paragraphs shall be numbered "1." and "2.". 3. Paragraphs "3.", "4.", and "5." shall be added to state the following: "3. Residential walls, fences or hedges may exceed the maximum height noted above in subsection 1 and 2 if a Conditional Use Permit has been granted by the Planning Commission. 4. Walls, fences or hedges exceeding 36 inches in height in commercial or manufacturing zones shall require a Conditional Use Permit. 5. Walls, fences or hedges within the Open Space Zone or public right of way areas shall require a Conditional Use Permit." VOTE: AYES: Comms.Compton,Peirce,Rue,Chmn.Sheldon NOES: None 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 ABSTAIN: None ABSENT: Comm.Schulte CERTIFICATION I hereby certify that the foregoing Resolution P.C. 87-12 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at their regular meeting f February 17, 1987. „,__, Chuck She don, Chairman Michael Schubach, Secretary Date -2- Eatitgrnunkt REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, April 14, 1987 - Council Chambers, City Hall 8. TEXT AMENDMENT TO ZONING CODE TO ALLOW FENCES TO EXCEED THE MAXIMUM HEIGHT WITH THE APPROVAL OF A CONDITIONAL USE PERMIT. Memorandum from Planning Director Michael Schubach dated April 6, 1987, noting staff recommended modification to wording promulgated by Planning Commission. PUBLIC HEARING OPENED AT 10:40 P.M. DEB - CONCERNED ABOUT LACK OF CRITERIA. NO ONE WISHED TO.SpEAK. PUBLIC HEARING CLOSED AT 10:47 P.M. MOTION JR/DEB - TO CONTINUE TO 4/28 MEETING WHILE CRITERIA ARE BEING DEVELOPED. OK 4-1 (CIO -NO BECAUSE HE. DOESN'T WANT TO MAKE IT EASIER TO BUILD FENCES) . February 12, 1987 Honorable Chairman and Members of the Regular Meeting of Hermosa Beach Planning Commission February 17, 1987 Text Amendment to Allow Fences to Exceed the Maximum Height with the Approval of a Conditional Use Permit Recommendation Staff recommends approval of the attached resolution. Background On January 20, 1987, the Planning Commission directed Staff to examine allowing fences to exceed the maximum height allowed by the Zoning Ordinance when a Conditional Use Permit is approved by the Planning Commission. Analysis Most cities allow higher fences with a Conditional Use Permit. There are legitimate grounds for permitting a wall or fence which exceeds the maximum height. However, these grounds seldom meet the Findings for a variance; noise attenuation is one good reason. The main concerns the City should have are that the wall is decorative and not unsightly; will not block views, light, air or ventilation, or facilitate the efforts of criminals; serves a purpose; and is not opposed by the neighbors. By the use of a Conditional Use Permit, these kinds of issues can be resolved to everyone's benefit. In the commercial and manufacturing zones, fencing can become a real "eye sore" when, for instance, a 7 or 8 foot fence laced with razor wire is installed. This situation has occurred in other cities particularly in connection with used car lots and various types of manufacturing uses. A more appropriate type of fencing that would serve the same purpose would be wrought iron with a shepherd hook top. Putting walls around open space property would defeat the purpose of open space. iclTael chubac Planning Director PLANNING COMMIL N MINUTES - FEBRUARY 17. 1987 PAr_P Q TEXT AMENDMENT TO ALLOW FENCES TO EXCEED THE MAXIMUM HEIGHT WITH THE APPROVAL OF A CONDITIONAL USE PERMIT Mr. Schubach gave staff report dated February 12, 1987. On January 20, , Planning Commission directed staff to examine allowing fences to exceed the a8 imuhm height allowed by the zoning ordinance when a conditional use permit is approved by the Planning Commission. Most cities allow higher fences with a conditional use permit. There are legitimate grounds for permitting a wall or fence which exceeds the;q i•mum_height. However,. these grounds seldom meet the findings for a variance. Noise attenuation is one good reason. The main concerns the City should have are that the wall is decorative and not will not block views, light, air, or ventilation, or facilitate the efforts of criminals; serves a purpose; and is not opposed by the neighbors. By the use of a co unsightly; permit, these kinds of issues can be resolved to everyone's benefit. nditional use In some commercial and manufacturing zones, fencing can become a real eyesore when, for instance, a seven- or eight -foot fence laced with razor wire is installed. This situation has occurred in other cities particularly in connection with used car lots and various types of manufacturing uses. A more appropriate type of fencing that would serve the same purpose would be wrought iron with a shepherd hook top. Putting walls around open space property would defeat the purpose of open space. Comm. Compton discussed Condition No. 5 of the resolution and stated that "Public Right of Way," should be included in addition to "Open Space Zone." He noted walk streets which are actually public rights of way. Comm. Compton asked whether there are design standards for open space zones. Mr. Schubach stated that he would prefer open fences, such as chain link in the open space zones. He stated that it depends on location. , PLANNING COMMIS,,.ON MINUTES - FEBRUARY 17, 1987 PAGE 9 Comm. Compton suggested that design standards will need to be addressed in the future. Public Hearing opened at 8:53 P.M. by Chmn. Sheldon. There being no citizens who appeared to speak either in favor of or in opposition to this request, Public Hearing closed at 8:53 P.M. by Chmn. Sheldon. MOTION by Comm. Compton, seconded by Comm. Rue, to approve staffs' recommendation to recommend that the City Council amend the zoning ordinance to require conditional use permits for fences that exceed the height limit, with an amendment to Condition No. 5 stating that "Walls, fences or hedges within the Open Space Zone or Public Right of Way shall require a Conditional Use Permit." AYES: Comms. Compton, Peirce, Rue, Chmn. Sheldon NOES: None ABSENT: Comm. Schulte April 20, 1987 Honorable Mayor and Members City Council Meeting of April 28, 1987 of the City Council TENTATIVE -FUTURE AGENDA ITEMS Responsible Agent May 1,1987 Transmitting proposed 1987-88 Budget and CIP May 12, 1987 2ertificates for Hermosa Beach basketball champions Asst. City Manager Consent Calendar Beach Drive - 6th St. storm drain Public Works Director City Mgr./Asst.City Mgr./ Fin.Adm./Pub.Wks.Director Request for Closed Session 5/26 Monthly Investment Report \Cj) Financial analysis - sewer replacement plan Request for extension of house- keeping agreement w/Executive Suite Services for FY 87-88 Approval of Traffic Signal Study and authorization to proceed with design (CIP 85-138). Closure of Hermosa Avenue median breaks at 9th Street, 17th Street, 18th Street and 20th Street (CIP 85-130) Authorization to award agreement Sanitary Sewer Target Area II (CIP 85-402) Ordinances & Resolutions Amendment to encroachment ordinance City Manager Items City Charter Status Report City Manager City Treasurer Public Works Director Public Works Director Public Works Director Public Works Director Public Works Director Public Works Director Asst. City Mgr. Mosquito Abatement District Review Kiosk at Pierhead City Council Matters Discussion of upland oil monies sitBusine Subcommittee report Parking Authority Approval of Minutes Community Cente Vicinity 'Irking facility stats report PNaC May 14, 19 Budget Workshop May 26, 1987 Consent Calendar Monthly Activity Reports Monthly Revenue Reports - April Monthly Expenditure Reports - April City Treasurer's Report - April Municipal Matters Amending contract for Beach/ Lifeguard Service May 28, 1987 Possible second Budget Workshop June 9, 1987 Consent Calendar Monthly Investment Report 2nd Annual Chrysler Event Results of SCAG Santa Monica Bay Pollution Symposium Public Hearing Street Lighting District Proposed 87-88 Budget and CIP - 2 City Manager City Manager City Attorney General Services Director Parking Administrator Executive Director CityMgr/Asst.CM/Fin.Adm. Department Heads Finance Administrator Finance Administrator City Treasurer Public Works Director CityMgr/Asst.CM/Fin.Adm. City Treasurer Comm. Resources Director Planning Director Public Works Director City Mgr./Asst.City Mgr./ Fin. Adm./Pub.Wks. Dir. General Revenue Sharing expenditures Asst. City Manager June 23, 1987 Consent Calendar Monthly Activity Reports Monthly Revenue Report - May Monthly Expenditure Report - May Department Heads Finance Administrator Finance Administrator City Treasurer's Report - May City Treasurer Fire Flow analysis status report Public Safety Director Ordinances & Resolutions Gann Limits Public Hearing Crossing Guard District M. L. Media - Six month progress review Municipal Matters Adoption of 1987-88 Budget Adoption of 1987-89 CIP July 14, 1987 Ordinances & Resolutions Consideration of Ordinance to require budget submittal by May 1 annually Public Hearings ATSF Zone Change/General Plan amendment and/or EIR September 8, 1987 Municipal Matters Finance Administrator Public Works Director General Services Director City Mgr./Asst.City Mgr./ Finance Administrator City Mgr./Pub.Wks. Dir. Assistant City Manager Planning Director Consideration of appointment of Cable TV Franchise Review Committee General Services Director October 13, 1987 Municipal Matters Appointment of Cable TV Franchise Review Committee General Services Director ***************************************************************** Upcoming Items Not Yet Calendared Consider requiring EIR every project ci each/ .,LTP rolme�m �r ySe�HeS't Bevis -ed CounLy CunLrant re. Beath tja�t Pn i n c P J 4 f1?-ai'-rl—xi v+ee Noise Ordinance Study Acceptance of work and final estimate for replacement of sani- tary sewers Target Area I. Vasek Polak Porsche Audi Development Agreement in Concept Approval of P.C. policy statement No. 1 requiring removal of any portion of a nonconforming structure in conjunction with permitted expan- sion shall have prior review & approval by Planning Commission Request for assignment of lease - Olympic Parking Planning Director c city ty u Public Safety Director Public Works Director City Manager Planning Director Parking Administrator ***************************************************************** Law Offices of James P. Lough JAMES P. LOUGH Dr\ � LY `l 07 April 22, 1987 CITY OF HERMOSA BEACH MEMORANDUM 1605 WEST OLYMPIC BLVD. SUITE 9018 LOS ANGELES, CALIFORNIA 90015 (213) 381-6131 REGULAR CITY COUNCIL MEETING OF APRIL 28, 1987 TO: Members of the City Council FROM: James P. Lough, City Attorney RE: City Attorney Proposed Contract Amendment Attached hereto you will find a copy of a proposed amendment to the City Attorney contract being proposed by the City Attor- ney. The attached contract incorporates the changes suggested. Most of the contract is essentially the same with the exceptions set out below. The attached agreement addresses four areas where changes are recommended. Those items are as follows: 1. The placement of an hour cap on retainer matters. handled by the City Attorney. 2. Adjustment in the hourly rate for extraordinary legal services as of January 1, 1988. 3. Removal of requirements for additional insurance due to the inability of the City Attorney to obtain such coverage. 4. Change in the flexibility of office hours to a system based on need. These changes are an attempt to take care of the annual review for the next two years. The changes found under Items 1 and 4 are intended to limit the amount of unnecessary work so that it will not cause higher billing for time while I sit in City Hall although few staff items are brought to my attention when the time could be better spent researching city problems in my office's law library. Under Item 1, the adjustment will also cause a slight change in the manner in which billing is done. At present, I list all city related functions that I attend. These include League of California Cities meetings, municipal law seminars and other related meetings. Such items will no longer be included on the retainer list of hours. This would amount to an approximate reduction of five hours per month. 17/SR0428A -1- REGULAR CITY COUNCIL MEETING OF APRIL 28, 1987 TO: Members of the City Council FROM: James P. Lough, City Attorney RE: City Attorney Proposed Contract Amendment I believe that the requests listed above are reasonable considering the amount of expertise the City receives and the billing rates of city attorneys for other South Bay cities. If the City were to hire any of the other law firms representing local South Bay cities, City legal costs would accelerate dramatically. Thank you for your JPL/gp Enclosure consideration of this item. Respectfully submitt 17/SR0428A -2- JAMES P. LOUGH, Ci Attorney CITY OF HERMOSA BEACH THE CITY OF HERMOSA BEACH AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT made and entered into this 1st day of May, 1987, by and between THE CITY OF HERMOSA BEACH, a municipal cor- poration (hereinafter referred to as the "City") and JAMES P. LOUGH, Attorney at Law, authorized to practice law in California, and with principal offices in the City of Pasadena, California (hereinafter referred to as the "City Attorney"). WITNESSETH WHEREAS, pursuant to California Government Code, Section 36506, the City Council of the City has the power to appoint a city attorney, as it deems necessary; and WHEREAS, the City desires to engage the above-mentioned firm as an independent contractor to act as City Attorney to render legal services to the City in connection with its undertakings. NOW, THEREFORE, THE CITY AND CITY ATTORNEY DO MUTUALLY AGREE AS FOLLOWS: This agreement consists of Part 1 - Agreement; Part II - Terms and Conditions. PART I - AGREEMENT I. REPRESENTATIVES OF THE PARTIES AND SERVICES OF NOTICES The representatives of the respective partaies who are au- thorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows: A. The representative of the City shall be, unless other- wise stated in this Agreement: Gregory T. Meyer, City Manager City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 B. The person designated as the City Attorney to personally perform the hereinafter enumerated duties and obligations and receive said formal notices, demands and communications shall be, unless otherwise stated in this Agreement: James P. Lough, Esq. 30 North Raymond Avenue, Suite 708 Pasadena, CA 91103 1 C. Formal notices, demands and communications to be given hereunder by either party shall be made in writing and may be effected by personal delivery or by a bonafide mail service and shall be deemed communicated as of the date of receipt. D. If the name of the person designated to receive the for- mal notices, demands or communications or the address of such person is changed, written notice shall be given, in accordance with this Section, within five (5) working days of said change. II. SCOPE OF SERVICES A. Ordinary Legal Services City Attorney agrees to render legal services to the City as and when requested by the City. City Attorney will be at City Hall at least 8 hours per week as mutually arranged with City Manager. If, in the opinion of the City Manager and City Attor- ney, the City Attorney's presence is not needed for 8 hours per week during a given week, the City Attorney's presence shall only be required as mutually agreed to by the City Attorney and City Manager. Such legal services to be performed by City Attorney under this Agreement shall include, but are not limited to: 1. Rendering of legal advice and consultation to the City Council and the City's officers and employees as needed; furnish- ing of written legal opinions; drafting and preparation of all necessary legal documents, including resolutions, notices, con= tracts and ordinances. 2. Attending all Planning Commission meetings. 3. Attending all City Council meetings. 4. Rendering of legal advice an consultation on matters regarding personnel law as in affeacts) City personnel policy and practices. 5. Serve as Legal Counsel to the Vehicle Parking District No. 1 and the Hermosa Beach Parking Authority. B. Extraordinary Legal Services 1. Representation of and appearance for, the City in con- nection with any condemnation suit, eviction suit, or other ordi- nary litigation. 2. Litigation as used in this Agreement, includes, but is not limited to any pending or threatened case in which one or more of the following questions or issues are presented. (1) The constitutionality of a provision or provisions of the State enabling legislation; - 2 (2) The proper application of or statutory construction of such legislation. The validity, application or construction of Federal contracts, cooperation agreements, and third -party contracts relating to the City's activities; (3) (4) The rights and duties of the City's elected offi- cials, officers or employees, or the validity of their official actions or seeking to examine the records, papers or documents of the City, its elec- ted officials, officers, or employees; and (5) Liability for acts of negligence and torts general- ly, whether for personal injury or property damage. 3. Any legal services not covered under the category of Ordinary Legal Services. TIME OF PERFORMANCE City Attorney will undertake and complete all legal assign- ments and duties as expeditiously as possible. This Agreement commences on May 1, 1987 and shall expire only after either party has given 30 days prior written notice of termination. IV. COMPENSATION AND METHOD OF PAYMENT Section 401 Compensation for Ordinary Legal Services The City shall compensate City Attorney at a Basic Fee rate of $3,700.00 per month for all Ordinary Legal Services provided pursuant to this Agreement. In addition to the Base Fee Rate, City Attorney shall be compensated for all hours spent on Ordi- nary Legal Services over and above 80 hours per month at a rate of $100.00 per hour for attorney time and $45.00 per hour for paralegal time. Said rates shall increase on January 1, 1988 to $110.00 per hour for attorney time and $50.00 per hour for paralegal time for all time spent over 80 hours on Ordinary Legal Services per month. Section 402 Compensation for Extraordinary Legal Services The City shall compensate City Attorney for Extraordinary Legal Services performed at a rate of $100.00 per hour for all attorneys. Charges for Extraordinary Legal Services of Parale- gals shall be at a rate of $45.00 per hour. As to matters which require extraordinary expertise, such as development agreement negotiations or municipal bond services, the fee for attorneys shall be set at $120.00 per hour. In order 3 to determine at which rate a particular matter, not referenced above, shall be set, the City Manager and the City Attorney shall make a determination as to the expertise required. If the City Council disagrees with this determination, it may reasonably determine the actual level of compensation that the particular service should be provided for by the City Attorney. The parties agree to meet annually to adjust compensation to be charged under this Agreement. As of January 1, 1988, the legal fee rates listed above under this Section 402 shall be increased as follows: Normal City Attorney time shall be compensated for a rate of $110.00 per hour and Extraordinary Legal Services of Paralegals shall be compensated at a rate of $50.00 per hour. For matters requiring extraordinary expertise, the rate, as of January 1, 1988, shall be set at $130.00 per hour. Section 403 Compensation For Incurred Expenses A. The City will reimburse City Attorney for reasonable Incurred Expenses (does not include overhead or administrator costs) directly attributable to services under this Agreement at an amount equal to actual out-of-pocket costs, such as: 1. Reproduction, taxi fares, messenger services, long distance telephone calls and similar items. 2. For filing costs, witness fees, expenses of ser- vices of process; court reporter's charges, jury fees, and similar costs relating to ordinary litigation. Expenses that exceed $100.00 each for. items listed in 1. and 2. shall be accompanied by a receipt. 3. Cost for travel outside Los Angeles County will be considered to be Incurred Expenses only if such travel has received prior written approval by the City. Authorized out-of-town travel expenses shall not exceed City's lodging, plus per diem allowan- ces. Travel shall be by the most economical means (i.e., economy class, coach, if by scheduled air carrier) in accordance with City policy unless otherwise approved in advance by the City. 4. Mileage for travel conducted by privately -owned automobile in connection with City business at the following rates: $.20 per mile (first 50 miles each trip) $.20 per mile (after first 50 miles traveled on each trip) 5. Subsistence expenses, supported by detailed records in the amount of the actual cost, shall not exceed 4 fifty dollars ($50.00) per day unless otherwise authorized in writing. B. City Attorney will not be reimbursed for secretarial, clerk or typist services nor for normal office operating expen- ses, except for Word Processing Operator expenses, if any. Section 404 Method of Payment A. The Basic Fee for Ordinary Legal Services, plus Incurred Expenses, shall be due and payable on the first day of each month this Agreement is in force. B. For Extraordinary Legal Services City Attorney shall submit an invoice to the City by the fifteenth (15th) of each month. Invoice charges shall be in accordance with the City's accounting practices and shall include: 1. Itemized statement specifying a) Project/Assignment b) Attorney c) City staff or department served d) Brief description of service performed e) Dates, hours f) Total charged 2. Summary of fees by: Attorney, hours and rates to equal total billing. 3. Itemized statement of Incurred Expenses, including (a) travel, (b) subsistence andther similar expenses. 4. Letter dated and signed by City Attorney certifying that "it has performed the services in accordance with this Agreement". C. The City shall pay the City Attorney by the fifteenth (15th) of each month for Extraordinary Legal Services performed for the prior month. V. TERMS AND CONDITIONS Part II - Terms and Conditions - is attached hereto and by this reference incorporated herein to the extent that the provisions therein do not conflict with those provided in this Part I. All reference in Part II to the Contractor shall mean the "City Attorney". 5 VI. - ADDITIONAL TERMS AND CONDITIONS Section 601 Status of City Attorney City Attorney is an independent contractor and not an officer, administrator or employee of the City. The City shall not be liable, responsible or otherwise answer for any claims for damages or other relief against City Attorney based on any under- taking not authorized or directed by the City. Section 602 Termination of Agreement This Agreement may be terminated by either party on thirty (30) days written notice to the other, the effective date of cancella- tion being the 30th day following date of said written notice and receipt thereof by the party without further action by either party. This Agreement may also be terminated in accordance with Part II - Sections 8 or 9. Section 603 Notification of Change in Form City Attorney reserves the right to effect changes in form, in- cluding but not limited to: the change in form from a partner- ship to a professional law corporation; the change in form of any partner or partners from an individual or individuals to a pro- fessional law corporation; the change in form of any corporate partner or partners to individual partners. The City shall be promptly notified in writing of any change in form. Section 604 Additional Partners and Employees The addition of new partner(s) or the departure of existing partner(s) shall not effect a termination of this Agreement. City Attorney reserves the right to add, substitute or delete partners, associates and employees in carrying out its services under this Agreement. The City shall be promptly notified in writing of any change in the constituency of the partnership. CITY OF HERMOSA BEACH By: Gregory T. Meyer CITY MANAGER By: James P. Lough CITY ATTORNEY - 6 PART II - AGREEMENT TERMS AND CONDITIONS 1. Personnel a. The Contractor represents that he has, or will secure at his own expense, all "back up" personnel, including attorneys licensed to practice before all California and federal courts required in performing the services under this Agreement. Such personnel shall not be em- ployees of or have any contractual relationship with the City. b. All the services required hereunder will be performed by the Contractor or by attorneys or legal assistants under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. 2. Subcontracting None of the services covered by this Agreement shall be sub- contracted by the Contractor without the prior written con- sent of the City. Requests for subcontracting shall be sub- mitted in writing to the City, describing the services to be subcontracted and the name of the proposed subcontractor. Such request(s) shall state the lump sum price or hourly rates used in preparing an estimated cost for the sub- contractor(s) services. Approval of the subcontractor(s) shall be issued in the form of a Work Order or other formal written agreement. Subcontractor(s) shall be subject to all the terms and conditions of this Agreement. The Contractor shall monitor and evaluate the performance of all subcon- tracts let under this Agreement, and shall be responsible to the City for the acts and omissions of its subcontractors, and of person either directly or indirectly employed by them; as it is for the acts and omissions of persons direct- ly employed by it. 3. Insurance a. Malpractice The Contractor shall carry malpractice insurance cover- ing errors and omissions in an amount of not less than $1,000,000. The Contractor shall provide the City with a certificate verifying such coverage or endorsement acceptable to the City before commencing services under this Agreement. 1 b. Worker's Compensation In accordance with State Compensation Laws, the Con- tractor shall carry Worker's Compensation insurance for all persons employed in the performance of services as set forth herein. The Contractor shall provide the City with a certificate verifying such coverage or en- dorsement acceptable to the City before commencing ser- vices under this Agreement. 4. Interest of Members of the City No member of the governing body of the City, and no other officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the carry- ing out of the public functions to which the Agreement per- tains, shall have any personal interest, direct or indirect, in this Agreement. 5. Interest of Other Local Public. Officials No member of the governing body of the City, and no other public official of the City, who exercises any functions or responsibilities in the review or approval of the carrying out of the public functions which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement. 6. Interest of Contractor The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in the above-described City or any other interest which would conflict in any manner or degree with the performance of its legal services hereunder. The Contractor further covenants that in the performance of this Agreement no person having any such interest shall be employed. 7. Changes The City may, from time to time, request changes in the scope of legal services of the Agreement to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the City and the Con- tractor, shall be incorporated in written amendments to this Agreement by the City. 8. Termination of Contract for Cause If, through any cause, the Contractor shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if the Contractor shall violate any of the covenants, agreements or stipulations of this Agreement, the 2 religious creed, color, national origin, ancestry, age, physical handicap, medical condition, marital status or sex. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, religious creed, color, national origin, ances- try, age, physical handicap, medical condition, marital status or sex. Such actions shall include, but not be limited to the following: employment, upgrading, demo- tion, or transfer; recruitment or recruitment advertis- ing; layoff or termination, rates of pay or other terms of compensation and selection for training, including apprenticeship. The Contractor agrees to post in con- spicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertise- ments for employees placed by or on behalf of this Agreement, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ances- try, age, physical handicap, medical condition, marital status or sex. 12. Discrimination Because of Certain Labor Matters No person employed on the work covered by this Agreement shall be discharged or in any way discriminated against be- cause he has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his employer. 13. Compliance with Local Laws The Contractor shall comply with all applicable laws, or- dinances, and codes of the State and local governments. 14. Conflict of Interest For the duration of this Agreement, the Contractor shall not act as consultant or perform services of any kind for any person or entity in regard to the City without the prior written consent of the City. 15. Contractor's Liability The Contractor shall be responsible for all injuries to per- sons and for all damage to property of the City or others caused by or resulting from the negligence of itself, its employees or its agents during the progress of or in connec- tion with the rendition of services hereunder, and shall defend and hold harmless and indemnify the City of Hermosa Beach, and all officers and employees from all such costs, claims for damages or injuries, however caused, arising out - 4 City shall thereupon have the right to terminate this Agree- ment by giving written notice to the Contractor of such ter- mination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Contractor under this Agreement shall, at the option of the City, become its prop- erty and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work com- pleted on such documents. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damage sustained by the City by virtue of any breach of this Agreement by the Contractor, and the City may wihhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the City from the Contractor is determined. 9. Termination for Convenience of the City The City may terminate this Agreement any time by a notice in writing from the City to the Contractor. If the Agree- ment is terminated by the City as provided herein, the Con- tractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Agreement, less payments of compensation previously made. Provided however, that if less than sixty percent of the services covered by this Agreement have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Agreement) incurred by the Contractor during the Agreement period which are directly attributable to the uncomplete portion of the services covered by this Agreement. If this Agreement is terminated due to the fault of the Contractor, Section 8., of this Agreement relative to termination shall apply. 10. Correction of Work The performance of services or acceptance of information furnished by the Contractor shall not relieve the Contractor from obligation to correct any defective work subsequently discovered and all incomplete, inaccurate or defective work shall be remedied by the Contractor on demand without cost to the City. 11. Equal Employment Opportunity During the performance of this Agreement, the Contractor agrees as follows: a. The Contractor will not discriminate against any em- ployee or applicant for employment because of race, of the Contractor's performance or work under this Agreement. 16. Assignability The Contractor shall not assign any interest in this Agree- ment, and shall not transfer any interest in the same (whether by assignment or novation) without the prior writ- ten approval of the City: Provided, however, that claims for money due or to become due the Contractor from the City under this Agreement may be assigned to a bank, trust compa- ny, or other financial institution or to a Trustee in.Bank- ruptcy, without such approval. Notice of any such assign- ment or transfer shall be furnished promptly to the City. 17. Ownership of Materials and Documents Any and all writings, sketches, drawings, tracings, field survey notes, computations, details and other materials and documents prepared by the Contractor and/or Contractor's subcontractor(s) pertaining to this Agreement shall be the property of the City from the moment of their preparation and the Contractor shall deliver such materials and docu- ments to the City whenever requested to do so by the City. However, the Contractor and/or the Contractor's subcontrac- tor(s) shall have the right to make duplicate copies of such materials and documents for their own file; or other pur- poses as may be authorized in writing by the City. The City shall not, without the Contractor's written consent, associ- ate the Contractor's name with any material not the exclu- sive product of the Contractor. 18. Findings Confidential All of the reports, information, data, etc., prepared or assembled by the Contractor under this Agreement are con- fidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. 19. Access to Books, Documents, Papers and Records a. The City of Hermosa Beach or any of its duly authorized representatives shall have accesss to any books, docu- ments, papers and records of the Contractor which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts and transcriptions. b. The Contractor shall maintain recoards of all details with respect to all matters covered by this Agreement, for a period of five (5) years after receipt of final payment, unless authorization to remove them sooner is granted in writing by the City. 5 j3\04) ejje,A:1°' 40s6 QJ� 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 Honorable Mayor and Members of the City Council Aril 20, 1987 / City Council Meetin 4 April 28, 1987 AN EMERGENCY ORDINANCE PRECLUDING THE ISSUANCE OF BUILDING PERMITS FOR ALTERATIONS OR ADDITIONS TO NONCONFORMING USES OR NONCONFORMING BUILDINGS WITH RESOLUTION OF INTENTION DIRECTING THE PLANNING COMMISSION TO STUDY THE MATTER " :'t K.c RECOMMENDATION �` p It is recommended that the City Council:jgb,,,j 4ri.-4-1-watl'''' 47-14 3c- 1) Consider input from interested citizens at the Publicu‘i/tar Hearing r t 2) Debate the policy issue of whether to adopt he attached Emergency Ordinance 3) Adopt the attached Resolution of Intentio S)tvj atm BACKGROUND The City Council, at the meeting of April 14, 1987, directed that this ordinance be prepared for consideration at this meeting. ANALYSIS Article 13 of the Zoning Code contains the provisions which regu- late nonconforming buildings. Sections 1301 and 1302 provide for expansion and alteration of existing nonconforming residential uses and Section 1309 provides for expansion and alteration of nonconforming buildings where the use is a nonconforming one. The difficulty in applying these sections arises when significnt elements of existing buildings are removed or demolished as part of the expansion or alteration project. The code contains no guideline to determine when a "remodel" really should be con- sidered a new building. Projects which subjectively appear to constitute a new building rather than a remodel are referred to the Planning Commission for consideration; however they too are faced with a lack of standards to apply. The above listed sections were modified in 1984 by the then City Council in an attempt to more easily allow homeowners to upgrade and rehabilitate existing residential structures. Previous to 1984, structural alterations to any nonconforming use were pro- hibited and additions to nonconforming buildings were limited to no more than 407 of the floor area of the existing building. The current reading of the nonconforming sections certainly does allow homeowners to upgrade and rehabilitate existing residential structures. Unfortunately the provisions also allow nonconform- -, ing uses and nonconforming buildings to be extended beyond their normal lifetime. Due to economic incentives, nonconforming uses and nonconforming buildings will never be replaced by conforming uses and conforming buildings if allowed to "remodel" periodically. Certainly the issue of perceived property rights as it pertains to existing situations is not a matter that can be hastily con- sidered. The attached Resolution of Intention will direct the Planning Commission to study this matter and provide recommenda- tions for amendments which will provide equity for all property owners. If the attached emergency ordinance is adopted it would have the effect of precluding building permits for all projects which in- volve nonconforming uses or nonconforming buildings. The majori- ty of buildings within the city are nonconforming in regard to one or more development standards due to periodic revision to those standards. If the emergency ordinance is adopted, revision of the code should be a high priority due to the large number of properties affected. If the emergency ordinance is not adopted, staff would still recommend that the resolution of intention be adopted to begin the process of amending the code. ALTERNATIVES 1) Maintain existing provisions. Michael'Schubach Planning Director Concur: Gre or Tc�e S Mye1-- yl �r r Cit Manager Respectfully submitted, William Grove Director, Bldg. & Safety 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 RESOLUTION NO. 87- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO INITIATE APPROPRIATE ACTION BY THE PLANNING COMMISSION TO REVISE ARTICLE 13 OF THE ZONING ORDINANCE PERTAINING TO NONCONFORMING USES AND NONCONFORMING BUILDINGS. WHEREAS, the City Council considered this matter at the regularly scheduled meeting of April 28, 1987; and WHEREAS, it was determined that the present provisions of the zoning ordinance relating to nonconforming uses and nonconforming buildings do not limit nonconforming uses and nonconforming buildings from being maintained in perpetuity; and WHEREAS, it is the desire of the City Council to amend Article 13 of the zoning ordinance to limit the manner in which nonconforming uses and nonconforming buildings may be altered, expanded and maintained. SNOW THEREFORE, THE CITY COUNCIL OF THE CITY• OF HERMOSA BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the Planning Commission shall review Article 13 of the zoning ordinance for appropriate amendments to limit the manner in which nonconforming uses and nonconforming buildings may be altered, expanded and maintained. PASSED, APPROVED AND ADOPTED THIS day of April, 1987. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California Y CLERK CITY ATTORNEY 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,,REMODELING OF NONCONFORMING RESIDENTIAL DWELLINGS:, 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 portions of a dwelling unit 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 residential building. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. No building permits shall be issued for remodeling, partial construction or reconstruction'kof any 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 nonconforming building or nonconforming use. 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. By this four-fifths (4/5) vote, the City Council also finds that this item constitutes an emergency situation under Government Code Section 54954. 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 first meeting in June. 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. 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. The Director of Building and Safety may waive the provisions of this ordinance and issue a building. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 V 20 21 22 23 24 25 26 27 28 permit if the Director finds that the structural alteration requested by the permit applicant is necessary to protect against an immediate threat to the public health and/or safety. The decision of the Building Director shall be a final determination by the City of Hermosa Beach. PASSED, APPROVED AND ADOPTED ON THE 28TH DAY OF APRIL, 1987 PRESIDENT OF THE CITY COUNCIL AND MAYOR OF THE CITY OF HERMOSA BEACH, CALIFORNIA ATTEST: CITY CLERK 3 Honorable Mayor and Members of the City Council April 28, 1987 City Council Meeting April 28, 1987 ADDITIONAL INFORMATION RE: NONCONFORMING USES AND BUILDINGS The following information is provided in response to several council inquiries regarding the extent that permits are issued for projects that involve nonconforming uses or nonconforming buildings. A review of department records indicates that during the past 12 month period the department issued 433 building permits. Of these permits, 176 permits were for additions or alterations to residential buildings and 38 permits were for additions or alter- ations to commercial buildings. Approximately 95% of the permits issued for alterations or addi- tions to residential buildings involve properties which are non- conforming in some regard. This is largely attributable to the revised parking standards and revised density standards although certainly numerous properties are nonconforming regarding set- backs, lot coverage, usable open space, etc. The permits issued range from minor alterations to significant additions; however all have the effect of extending the life of the building to some degree. The commercial permits were largely for alterations that did not increase floor area; however few of our commercial buildings meet current parking or setback requirements. Respectfully submitted, William Grove Director, Bldg. & Safety SUPPLEMENTAL INFORMATION Honorable Mayor and Members of the City Council }A° 0,6 REQUEST FOR EXTENSION OF PERMIT DEADLINE S OF ORDINANCE NO. 86-839 (PARKING STANDARDS) FOR 2 UNIT CONDOMINIUM PROJECT AT 2902 HERMOSA AVENUE RECOMMENDATION This is a council policy decision; therefore no recommendation is given. If an extension is granted it must be accomplished by an amendment to the ordinance. April 20, 1987 City Council Meeting April 28, 1987 BACKGROUND Mr. Bill Gonzales, project architect for a 2 unit condominium at 2902 Hermosa Avenue, appeared before the City Council under the "Appearance of Interested Citizens" section of the agenda at the meeting of April 14, 1987. He requested an extension to Or- dinance No. 86-839 to allow his project to proceed without meet- ing the permit deadline of April 15, 1987. The City Council di- rected that this item be scheduled for the April 28, 1987 meeting. ANALYSIS This project was first submitted to the city in October of 1984. The project needed several revisions and ultimately obtained Planning Commission approval on February 4, 1986. On July 25, 1986 Ordinance No. 86-839 took effect, which revised the residential parking standards. Projects submitted prior to the effective date of the ordinance were exempt from the new re- quirements provided they obtained a building permit within six months. This project does not comply with Ordinance No. 86-839 because it lacks a 17 foot setback for garages facing streets or alleys. On March 10, 1987 Ordinance No. 86-839 was revised to allow a permit deadline of April 15, 1987. This action was taken to rec- tify misinformation several projects had received regarding the actual permit deadline contained in Ordinance No. 86-839. This project could have received a permit had working drawings been completed and checked prior to April 15, 1987. This project was slowed in attempting to obtain a permit by the April 15, 1987 deadline by the discovery, upon most recent submittal, of pre- viously unnoticed zoning deficiencies. As indicated in the recommendation, this matter is a council policy decision; however the council should consider whether the - 1 - s L applicant has been diligently pursuing obtaining a building per- mit in accordance with the provisions of the ordinance. If the council desires to extend the permit deadline, staff will return with an ordinance further amending Ordinance No. 86-839 to provide a new permit deadline. Planning Director Concur: Gre ory�T -:Ter Cit Manager Respectfully submitted, aJig,,,.., 6:_,,,, William Grove Director, Bldg. & Safety April 23, 1987 ON\ Honorable Mayor and Members City Council Meeting of of the City Council April 28, 1987 SEVENTH STREET ACCESS TO LEARNED LUMBER Recommendation It is recommended this preliminary r Background At the Council meeting of April 14th it was suggested by Council that staff look into the allegation that Seventh Street was a main access street into Learned Lumber. Analysis y staff t port. at City Council receive and file Staff has researched subject property and found there is no C.U.P. for Learned L mbe or any other conditions on that property. Staff as-umes this is so because the lumber yard has been in existence si c- 1913. Staff is suggesting t ere may be ways to mitigate the impact on the Seventh Street re -idents and staff is continuing to pursue this ma er. Included in this process will be discussions with the ow -r . the subje t property. Staf will retu a 12th Council m to C•uncil with additional information at the ting. Respe tfully submitted, Alana M. Mastrian ssistant City Manager Concur: Gre Cit Meyer ager Honorable Mayor and members of the Hermosa Beach City Council April 22, 1987 City Council Meeting of April 28, 1.987 S.I.G. G OFF BY rITY COUNCIL OF ALL FUTURE LAND SALES AND ESCROW PAPERS This matter is before you for discussion purposes as requested by Councilmember Williams at the April 14, 1987 regular meeting. BACKGROUND This matter was briefly discussed by the City Council during its 1986 discussions to develop GOALS. At that time a majority of the Council indicated that they were not interested in changing the current process. The matter therefore did not become one of the adopted Goals. ANALYSIS As it now stands the City Council must approve all land sales and all terms and conditions of escrows. Having done so the City Manager has. then been responsible for the implementation of such and has been the official signing agent on behalf of the City; grant deeds are signed by the Mayor. In addition to the current practice, the following options are available - 1. The actual escrow documents are submitted to the City Council' for scrutiny and review and then are signed by: Ma b. City Manager 2. After having implemented the escrow and signed the documents the City Manager files them with the City Council at their next regular meeting. Metik- Grry T.yr Cit Manager cc City Attorney 1 e April 21, 1987 Honorable Mayor and Members of City Council Meeting the Hermosa Beach City Council of April 28, 1987 APPOINTMENT TO THE PRIVATE INDUSTRY COUNCIL (PIC) OF THE JOB TRAINING PARTNERSHIP ACT (JTPA) Recommended Action: It is recommended that the City Council appoint Mr. Kenneth Hand - man to represent the City of Hermosa Beach business community on the Private Industry Council. Background: The City of Hermosa Beach is a participating agency in the JTPA, South Bay Service Delivery Area (SDA). Under the Joint Exercise of Powers Agreement which formed the South Bay SDA, each member City agreed to appoint a representative of the private sector business community to the Private Industry Council. This City's previous appointee, Mr. Michael Zippi, resigned from the PIC after serving from December 1985. The PIC has overall policy and oversight responsibilities for local programs. It is comprised of twenty-one (21) members with a simple majority of members from the private sector and includes representatives from education, labor, rehabilitation agencies, community-based organizations, economic development agencies, and employment service agencies. Analysis: Mr. William Fowler, Executive Vice President of the Hermosa Beach Chamber of Commerce, has solicited from the local business com- munity for nominees to the PIC. The attached letter from Mr. Fowler presents the Chamber's nominees: Mr. Kenneth Handman of Speciality Maintenance Corp., and Mr. Chuck Bowman, Hermosa Beach Resident. This appointment is to serve Mr. Zippi's unexpired term, which runs thru June 1987. Respectfully submi Robert A. Blackwood Personnel Administrator Concur: Gre ory lT. Meyer Cit Manager 9 h HERMOSA BEACH CHAMBER OF COMMERCE 1035 VALLEY DRIVE/P.O. BOX 404 HERMOSABEACH, CALIFORNIA 90254 (213) 376-0951 April 20, 1987 Mayor John Cioffi and Council City of Hermosa Beach City Hall/Civic Center Hermosa Beach, Ca., 90254 Dear Mayor Cioffi and Council Members: The Hermosa Beach Chamber of Commerce has solicited for private sector nominees from the Hermosa Beach business community to your Private Industy Council (PIC). The nominees we are submitting for your consideration of appoint- ments are as follows: Mr. Kenneth Handman Specialty Maintenance Corp. Mr. Chuck Bowman Hermosa Beach Resident These nominees are necessary because of the resignation, from the Council, of Mr. Michael Zippi, who has served since December of 1985. We look forward to this cooperative effort under the Job Training Partnership Act (JTPA), between public and private sectors of the Ci y. rely, Wm. C. Fowler Executive Vice President cuSl4Apnz Pp�ifftams /2065 ankaffan CA o17s¢mosa Beac�x, C-4 c90254 April 17,1987 Mayor Cioffi Councilmembers I attended the monthly meeting of the SISTER CITY ASSN. on April 16. You all receive the minutes of the Assn. so I will not repeat. I was asked to have you especially be watching for the dates of the next student exchange. They need volunteers to take turns staffing a table (for information only) at the Memorial day Chamber Fiesta del Artes. The SOUTH BAY HARBOR AREA COALITION ON ALCOHOL AND DRUG PROBLEMS met at the Charter Pacific Hospital in Torrance on April 16. I attended and learned a great deal of information about where one could go in our area for treatment of drug illness. They are in the process of compiling a booklet of services in the area. I believe this is a most important group for our community and I will be attending their meetings. Beth Miller with the LOS ANGELES COUNTY OFFICE OF ALCOHOL PROGRAMS was in attendance. David Schlichter, PALMER DRUG ABUSE PROGRAM that has office in our community center was there. The Pres. is Betty Batenburg, the executive director of the NATIONAL COUNCIL ON ALCOHOLISM SOUTH BAY. Page 3 By -Laws, Continued 3. SECRETARY: The secretary shall be responsible for the minutes/records of all Coalition meetings as well another duties as defined by the Coalition. 4. TREASURER: It shall be the duty of the treasurer to collect and keep records of all membership dues and Coalition monies and to report to the membership on a regular basis the financial status of the treasury. If an officer cannot or does not perform the duties prescribed, or maintain current membership status, he/she may be removed by two-thirds vote of the :membership at a regular meeting, provided notice of the proposed vote be given at a previous meeting. Any Officer may be removed with or without cause by the member- ship at any time. ARTICLE VI: COMMITTEES Section 1. Creation of Committees: The Coalition shall establish such committees as are deemed to be in the best interest of the Coalition, and the President shall appoint the chairperson and :members of such committees. Among the committees to be so designated shall be the Executive Committee, Membership C3mm i ;.tae and the "omi _ ; , ':cmm i tyee . ARTICLE VII: QUORUM Section 1. Thirty-five (35;x) of the membership shall constitute a quorum of the Coalition and any standing committees thereof. ARTICLE VIII: AMENDMENT Section I. These By -Laws may be amended by a majority of the Coalition at any meeting, provided a fourteen (14) day notification of the proposed changes or change is given, in writing, to the Coalition members. ARTICLE IX: PARLIAMENTARY PROCEDURE Section I. The rule contained in the current editions of Roberts Rules of Order shall govern the Coalition in all cases which are not superseded by the current By -Laws. ******** Page 2 BY-LAWS, continued ARTICLE IV: MEMBERSHIP AND DUES Section I. Section II. Section III. General Membership: General membership is open to any representative of the above described services. .No agency shall have more than two representatives, one member and one alternative. Voting power is delegated to members only. Special Membership: Special membership may be granted to representatives of involved public agencies, legislative bodies or other interested agencies upon approval of a majority of Coalition members at any regular meeting. Upon acceptance, special members shall have equal status of the general member- ship. Their membership shall not exceed twenty-five percent (25%) of those attending a regular meeting at which a vote is cast. Dues: There will be membership dues. The amount will be determined by the majority of the membership. A bank account will be maintained by the treasurer. ARTICLE V: OFFICERS Section I. The officers of the Coalition shall be: 1. President 2. Vice -President 3. Secretary 4. Treasurer The officers shall be elected by the membership. Election of officers will be conducted at the next regularly scheduled meeting following the nominations by the membership. All officers shall be elected for one (1) year and shall not be eligible to serve more than two (2) consecutive terms.". Vacancies in any office shall be filled for the unexpired term by an election and by a quorum of the membership. Elections shall occur prior to July 1st of any calendar year. All elected officers shall adhere to the membership requirements Section II. General Duties of Officers: 1. PRESIDENT::. The President shall be the executive officer of the Coalition and act as its delegate or appoint an alternat as needed. This person shall preside at all meetings and shall perform the usual duties of the office, and shall appoint committees, with the exception of the nominating committee. 2. VICE-PRESIDENT: The Vice -President shall perform the duties of the President in the absence of the President and when requested to do so by the Coalition. am • • 11 SOUTH BAY/HARBOR AREA COALITION ON ALCOHOL AND DRUG PROBLEMS * B Y -LAWS * ARTICLE I: NAME - Section I. South Bay Harbor Area Coalition on Alcohol and Drug Problems ARTICLE II: AREA TO BE SERVED Section I. Harbor/South Bay Planning Area as stated by OAP ARTICLE III: PURPOSE, GOALS AND OBJECTIVES Section I. The South Bay Harbor Area Coalition on Alcohol and Drug Problems, hereinafter referred to as the Coalition, is an alliance of agencies concerned with alcohol and drug problems. The purpose of the Coalition is to provide input and support in maintaining and expanding current services, as well as to raise community awareness of alcohol and drug related problems, to make recommendations to concerned public officers, interestec private firms, as well as legislators at local, state and federal levels. Section II. GOAL A: To provide input and support in maintaining and expanding alcohol and arug services. OBJECTIVES: a. Define target groups. b. Preparation and distribution of a resource directory. c. Identification of unmet needs in the community. d. Recommendations to meet those needs e. Fundraising to defray costs; e.g., paid advertising in directory, charging a nominal fee for the director Coalition membership dues, etc. GOAL B: To raise community awareness about alcohol and drug related problems. OBJECTIVES: a. Identify the target groups (businesses, etc.) b. Media report and presentations. GOAL C: To make recommendation to government agencies, private agencies and any other body which has either an interest or responsibility to participate in assisting with alcohol and drug problems. OBJECTIVES: a. To have the legislative committee provide the Coalition with a continuous update of legislative issues concerning alcohol and drug problems. b. To endorse or oppose legislation, as a group, or as individuals on those issues.