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Home My WebLink About03/24/87ACTION SHEET ACTION SHEET AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, March 24, 1987 - Council Chambers, City Hall Closed Session - 6:00 p.m. Regular Session - 7:30 p.m. MAYOR John Cioffi MAYOR PRO TEM Etta Simpson COUNCILMEMBERS Tony DeBellis Jim Rosenberger June Williams All Council meetings are open Complete agenda materials are the Police Department, Public Clerk. CITY CLERK Kathleen Midstokke CITY TREASURER Norma Goldbach CITY MANAGER Gregory T. Meyer CITY ATTORNEY James P. Lough to the public. PLEASE ATTEND. available for public inspection in Library and the Office of the City CLOSED SESSION TO DISCUSS MATTERS OF PERSONNEL, LITIGATION AND POTENTIAL LITIGATION UNDER GOVERNMENT CODE SECTION 54956.9 HELD FROM 6:00 P.M. TO 7:30 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: ALL PRESENT PROCLAMATION: Health Fair Expo, April 4, 1987 National Library Week, April 5 - 11, 1987 PLAQUE OF APPRECIATION TO LOUISE MAZEROV, LIBRARIAN -IN -CHARGE, HERMOSA BEACH LIBRARY, APRIL, 1980 TO APRIL, 1987. PLAQUE PRESENTED TO DELAYS PRINTING FOR DONATION OF PRINTING SER- VICES FOR THE CITY AND 1736 PROJECTS SPONSORED SAND AND STRAND RACE. ACTIONS TAKEN IN CLOSED SESSION: NONE, ANNOUNCED 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: Special meeting of the City Coun- cil held on March 2, 1987. Recommended Action: To approve minutes. (b) Approval of Minutes: Regular meeting of the City Coun- cil held on March 10, 1987. (c) Recommended Action: To approve minutes. Demands and Warrants: March 24, 1987. Recommended Action: To approve Demands and Warrants Nos. through inclusive. (d) Tentative Future Agenda Items. Recommended Action: To receive and file. PULLED BY ROSENBERGER - ASKED THAT THE UNSCHEDULED ITEM "CONSID- ERATION OF BALLOT MEASURE, RE. RESTRICTING ALL MONIES RECEIVED FROM OIL EXCEPT BUS. LIC. FEE" BE SCHEDULED FOR DISCUSSION IN TIME FOR NEXT ELECTION. SI WOULD LIKE TO SEE IT ON AGENDA WITH WRITTEN OPINION FROM CITY ATTY. ON BALLOT MEASURE THAT WAS AP- PROVED ON USE OF UPLANDS OR_T.JD-FUNDS MONIES. MOTION BY WI/JR TO PLACFi'ON FIRST AGENDA IN MAY. OK 3-2 (DEB/ CIO -NO). ALSO REQUEST/ED CITY ATTY,JTO RETURN WITH A WRITTEN OPINION RE. QUESTION (PF RAS-T.R TTON OF DOLLARS FOR APRIL 14 MTG. OK 5-0. (e) City Manager Activity Report: Memorandum from City Man- ager Gregory T. Meyer dated March 18, 1987. Recommended Action: To receive and file. (f) Building and Safety Department Monthly Activity Report: February, 1987. Recommended Action: To receive and file. (g) Community Resources, Department Monthly Activity Report: February, 1987. Recommended Action: To receive and file. (h) Finance Department Monthly Activity Report: February, 1987. Recommended Action: To receive and file. 2 (i) Fire Department Monthly Activity Report: February, 1987. Recommended Action: To receive and file. (j) General Services Department Monthly Activity Report: February, 1987. Recommended Action: To receive and file. (k) Personnel Department Monthly Activity Report: February, 1987. Recommended Action: To receive and file. (1) Planning Department Monthly Activity Report: February, 1987. Recommended Action: To receive and file. (m) Police Department Monthly Activity Report: February, 1987. Recommended Action: To receive and file. (n) Public Works Department Monthly Activity Report: February, 1987. Recommended Action: To receive and file. (o) Monthly Revenue Report: February, 1987. Recommended Action: To receive and file. (p) Monthly Expenditure Report: February, 1987. Recommended Action: To receive and file. (q) City Treasurer's Report: February, 1987. Recommended Action: To receive and file. (r) Monthly report from South Bay Coalition for. Alternatives to Domestic Violence. Memorandum from Community Resour- ces Director Alana Mastrian dated March 5, 1987. Recommended Action: To receive and file. (s) Report regarding aircraft noise and beach_flyovers. Memorandum from Public Safety Director Steve Wisniewski dated March 16, 1987. (t) Recommended Action: To receive and file. Recommendation to approve a software license agreement and software service agreement with Universal Computer Service. Memorandum from General Services Director Joan Noon dated March 17, 1987. MOTION JR/SI TO APPROVE AGREEMENT WITH CITY ATTORNEY AMENDMENTS. OK 5-0. (u) Recommended Action: Authorize contract subject to City Attorney approval. Status report re. meeting between the Business Relations Sub -committee and the Downtown Merchants Association. Memorandum from Parking Administrator Joan Noon dated March 18, 1987. Recommended Action: To receive and file. (v) League of California,Cities February 27, 1987 Legisla- tive Bulletin. Memorandum from City Manager Gregory T. Meyer dated March 18, 1987. (w) (x) (y) Recommended Action: Council to review bulletin and determine if they wish to take a position on any matter and schedule consideration of any legislative advocacy positions for April 14 meeting. Status report concerning Planning Commission's Purview over Fire Safety and Public Works. requirements, and cost of implementation. Memoranda from Planning Director Michael Schubach dated March 18, 1987 and City Attorney James P. Lough dated March 19, 1987. Recommended Action: 1) To receive and file this report; 2) that Planning Commission be advised that City policy is to impose Fire and Public Works type requirements consistent with the City Attorney's 3/19/87 opinion. Installation of handicap ramps at Clark Building. Memo- randum from Community Resources Director Alana Mastrian dated March 18, 1987. Recommended Action: Appropriate $1,500 from Prospective Expenditures to Public Works Department for construction of handicap ramps at Clark Building. Status report re. other. cities which currently allow schoolchildren to„use.the_Dia1-A-,Ride Program. Memo- randum from Planning Director Michael Schubach dated March 16, 1987. GTM STATED THAT.SIMPSON REQUESTED AB 1586. BE. PLACED. ON APRIL 14 AGENDA FOR CONSIDERATION OF SUPPORT. Recommended Action: Direct staff to obtain an agreement with the California Highway Patrol to enable children to ride the Dial -A -Ride to and from school. (z) Status report on Main Street Program. Memorandum from Planning Director Michael Schubach dated March 3, 1987. Recommended Action: That 1) there not be a 1987 grant application, and 2) the City, Chamber of Commerce and Merchant's Association work together to submit an ap- plication for 1988. (aa) Informational report re. U.U.T. monies for sewer,.police and_code enforcement purposes. Memorandum from City Manager Gregory T. Meyer dated March 16, 1987. PULLED BY ROSENBERGER - ITEM TO BE DISCUSSED WITH ITEM 11. MOTION DEB/JW TO APPROVE STAFF. RECOMMENDATION. OK 5-0 Recommended Action: To receive and file this report and direct the City Manager to return to the Council at their June 9, 1987 meeting with a financial scenario to pay for sewer rehabilitation by borrowing monies to be paid back through UUT income. 2. ORDINANCES AND RESOLUTIONS (a) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 86-839 TO AL- LOW PROJECTS THAT HAVE FILED A BUILDING PERMIT APPLICA- TION BEFORE THE EFFECTIVE DATE OF SAID ORDINANCE TO RE- MAIN UNDER THE OLD STANDARDS. For waiver of further reading and adoption. MOTION JR/WI - TO ADOPT. OK 5-0. (b) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING FINAL APPROVAL OF TRACT MAP #44073 FOR A THIRTY-FOUR UNIT CONDOMINIUM PROJECT LO- CATED AT 446 MONTEREY BOULEVARD, HERMOSA BEACH, CALIFOR- NIA. For adoption. Memorandum from Planning Director Michael Schubach dated March 17, 1987. MOTION SI/WI TO ADOPT RESOLUTION. OK.5-0. (NOTE TO PLANNING DEPARTMENT: PLEASE CHANGE NUMBERING ON "BOILERPLATE" FOR FINAL MAPS. TO READ FROM. 1 THRU 6.) (c) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING FINAL APPROVAL OF PARCEL MAP #17637 FOR A TWO UNIT CONDOMINIUM PROJECT LOCATED AT 702 FOURTH STREET, HERMOSA BEACH, CALIFORNIA. For adoption. Memorandum from Planning Director Michael Schubach dated March 17, 1987. MOTION JR/SI TO ADOPT RESOLUTION._. OK 5-0. (d) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING PROCEDURES TO IMPLEMENT ORDINANCE NO. 86-840 RELATING TO THE COLLECTION OF 5 DELINQUENT COMMERCIAL AND RESIDENTIAL REFUSE FEES. For adoption. Memorandum from Building and Safety Director William Grove dated March 16, 1987. MOTION WI/SI TO ADOPT REVISED RESOLUTION. OK 5-0. (e) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION NO. 85-4860 RELATING TO AUTHORIZED USERS OF VISA BANK CARD SERVICES FROM BANK OF AMERICA NT&SA. For adoption. Memorandum from City Manager Gregory T. Meyer dated March 18, 1987. MOTION WI/JR - TO ADOPT. RESOLUTION. .OK 5-0. 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION. 4. WRITTEN COMMUNICATIONS FROM THE PUBLIC. (a) Letter from John T. Hales, 624 - 8th Place, Hermosa Beach, dated March 10, 1987 re. discussion of zoning inconsistency and its affect on the future of the area (bordered by 5th Street, 11th Street, Pacific Coast Hwy. and Ardmore). MOTION DEB/WI TO APPROVE STAFF RECOMMENDATION. OK 5-0 Recommended Action: That correspondent be advised his property is consistent (medium density/R-2); that should his neighborhood desire they may petition for downzone to low density/R-1. (b) Petition from Gould Terrace Homeowners dated March 9, 1987 re. water and sand runoff on Gould Terrace. MOTION DEB/? TO APPROVE,STAFF.RECOMMENDATION. OK 5-0 Recommended Action: Refer to Public Works Director to 1) analyze the possibility/practicality of requiring the developer to extend the drain to Gould; and 2) meet with the develo°p=e s .'•�, (c) Letter from Paul Barrett Herriott dated March 15, 1987 re. further request for time extension to obtain is- suance of building permit to construct a duplex at 224 - 24th Street (with 165 pages of background materials; said material available for review in City Clerk's office.) MOTION DEB/SI TO APPROVE STAFF RECOMMENDATION.. OK.5-0. Recommended Action: Reaffirm Council decision denying any extension. (d) Letter from Steve I. Kaplan, representing Messrs. Paul and Parker Herriott, dated March 18, 1987, requesting reconsideration of a extension of time to allow a build- ing permit to be obtained. MOTION DEB/JR TO APPROVE STAFF RECOMMENDATION. OK 5-0. Recommended Action: Receive and file (the letter being a verbatim of his March 9 letter previously denied by City Council on March 10, 1987.) (e) Three letters from Parker R. Herriott all dated March 18, 1987 requesting as follows: 1) Reconsideration of request for ordinance to extend time to obtain a building permit; 2) Reconsideration of denial of extension of time to obtain a building permit; 3) Reconsideration of disqualification. MOTION DEB/SI TO APPROVE STAFF RECOMMENDATION. (JR MADE A MOTION TO HEAR FROM HERRIOTT., NO,SECOND.) OK 4-1 (JR -NO). Recommended Action: Ltrs. 1 and 2) reaffirm denial; Ltr. 3) receive and file. PUBLIC HEARINGS - TO COMMENCE AT 8:00 P.M. 5. STRAND SAFETY ADVISORY COMMITTEE RECOMMENDATIONS REGARD- ING STRAND BICYCLE SAFETY WITH PROPOSED ORDINANCES MODIFYING HERMOSA BEACH MUNICIPAL CODE CHAPTER 5, ARTI- CLE 1, SECTION 5-4.5, SUBSECTION (e) TO ESTABLISH A 10 MPH STRAND SPEED LIMIT AND ADDING SUBSECTION (ee) TO REQUIRE THE DISMOUNTING OF BICYCLES AND SKATEBOARDS BETWEEN 10TH AND 15TH STREETS DURING PEAK TRAVEL PERI- ODS. Memorandum from Public Safety Director Steve Wis- niewski dated March 16, 1987. MOTION WI/CIO TO.ACCEPT STAFF RECOMMENDATIONS.AND RETURN APRIL 14 WITH ORDINANCE. .ALSO STAFF TO.COME BACK WITH, RECOMMENDATIONS ON HOW TO ENFORCE WITH CITATIONS/FEES....JR WOULD LIKE RECOMMENDATION 4 -TO BE HELD. IN ABEYANCE .AND. DISCUSSED .AT LATER TIME. GTM SAID ITEM 4 WOULD.NEED DISCUSSION ON HOW IT. WOULD BE FUNDED. WI POINTED OUT COUNCIL WOULD ONLY BE APPROVING. NO. 4 IN_ CONCEPT. OK - SO ORDERED. 6. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROHIBITING THE SEPARATE SALE OF CON- TIGUOUS LOTS WHEN A SINGLE IMPROVEMENT STRADDLES THE DIVIDING PROPERTY LINE. Memorandum from Planning Direc- tor Michael Schubach dated March 17, 1987. MOTION JR/SI TO INTRODUCE. OK.4-1.(CIO-NO). 7. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE VOLUNTARY MERGER OF 7 CONTIGUOUS PARCELS UNDER COMMON OWNERSHIP WITHOUT REV- ERTING TO ACREAGE OR HAVING TO COMPLY WITH FILING RE- QUIREMENTS UNDER ARTICLE IV, SECTION 29.5-19 THROUGH 29.5-28. Memorandum from Planning Director Michael Schubach dated March 17, 1987. MOTION JR/SI TO INTRODUCE. OK 5-0 8. TEXT AMENDMENTS TO ARTICLE 10, SECTION 10-8, (2) AND (4) REGARDING THE SALE OF GASOLINE IN CONJUNCTION WITH AL- COHOL AND THE HOURLY PARKING LIMITATION FOR OFF SALE LIQUOR ESTABLISHMENTS. Memorandum from Planning Direc- tor Michael Schubach dated March 16, 1987. MOTION SI/WI TO INTRODUCE. ROSENBERGERSAID IF WE ALREADY HAVE A MECHANISM TO CONTROL BY G.U.P. WHY DO WE NEED FURTHER REGULATION. OK 4-1 (JR -NO). 9. TEXT AMENDMENT TO ZONING CODE RE. THE DEFINITION OF AN "URBAN" BLOCK. Memorandum from City Manager Gregory T. Meyer dated March 18, 1987 requesting that the public hearing be opened and continued to April 14, 1987. MOTION DEB/JR TO CONTINUE HEARING OPEN, TO 4/14, SO ORDERED. 10. TEXT AMENDMENT TO ZONING CODE TO ALLOW FENCES TO EXCEED THE MAXIMUM HEIGHT WITH THE APPROVAL OF A CONDITIONAL USE PERMIT. Memorandum from City Manager Gregory T. Meyer dated March 18, 1987 requesting that the public hearing be opened and continued to April 14, 1987. MOTION DEB/JR TO CONTINUE HEARING OPEN TO 4/14.. SO ORDERED. ***************************************************************** 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 11. FOLLOWUP TO COUNCIL REQUEST REGARDING IN LIEU SEWER PAY- MENT FOR CONDOMINIUM PROJECT LOCATED AT .829, 829-1/2 AND 833 FIFTH STREET. Memorandum from Public Works Director Anthony Antich dated March 17, 1987. MOTION DEB/WI - TOAPPROVE,STAFF RECOMMENDATION NO. 1 USING AL- TERNATIVE NO.,5; AND ON NO..2 RECOMMENDATION CIO ASKED THAT CPI INFLATION FORMULA BE TAKEN INTO ACCOUNT., OK 5-0, Recommended,Aetion: To accept a $12,981.24 in lieu sewer payment for the condominium project, and direct staff to return with a draft sewer connection fee for review and consideration. 12. REVISED GRADING PLAN FOR 8 -LOT SUBDIVISION AT 532, 534 THROUGH 540 TWENTIETH STREET. Memorandum from Planning Director Michael Schubach dated March 19, 1987. BETTY EVANS WISHED IT NOTED THAT. SPECIMEN TREES CALLED FOR MUST BE IN AT LEAST A 24" CONTAINER TO QUALIFY. MOTION TO ADOPT RESOLUTION SI/JR. OK 5-0 Recommended Action: To approve revised conceptual grad- ing plan (dated Feb. 25, 1987) subject to three revi- sions: 1) Lot 5 retaining walls parallel to Power St. to be min. of 45' from property line; 2) terraced areas in NW corner of Lots 6 & 7 to be landscaped to reduce visual impact of retaining walls; and 3) soils report be amended to address above revisions. 13. PROPOSED REVISIONS TO ZONING CODE DEFINITIONS FOR THE PURPOSE OF STRENGTHENING ILLEGAL UNIT ENFORCEMENT CAPABILITIES. Memorandum from Building and Safety Di- rector William Grove dated March 17, 1987. MOTION DEB/SI TO INTRODUCE ORDINANCE. OK 471 (JR -NO BECAUSE COUNCIL WOULD NOT ACCEPT AMENDMENT TO DELETE PHRASE "...IN A DOMESTIC BOND OF SOCIAL, ECONOMIC AND PSYCHOLOGICAL COMMITMENT TO EACH OTHER..."FROM PAGE 2 OF ORDINANCE.) Recommended Action: To adopt the corrected ordinance which revises zoning code definitions for the purpose of facilitating illegal unit prevention and abatement. 14. BEACH MAINTENANCE AGREEMENT WITH LOS ANGELES COUNTY. Memorandum from Public Works Director Anthony Antich dated March 17, 1987. ACTION AS BEST I CAN SORT IT OUT WAS: ON ITEM NO. 1 OF RECOMMENDATIONS MOTION DEB/SI -.STAFF RESEARCH WHAT,WE PAY NOW, SEND LETTER TO SUPERVISORS TO DECLINE TO ENTER INTO COST NEGOTIATIONS. TO DEFRAY BEACH COSTS. (FEEL. WE. ARE PAYING MORE'THAN OUR SHARE NOW. OK A-1 (JR -NO) QN ITEM NO. 2 OF RECOMMENDATIONS MOTION,DEB/JR TO REFER TO CITY ATTORNEY QUESTION OF INDEMNIFICATION. OK 5-0. MOTION DEB/WI TO. NOT ALLOW ADVERTISING ON THE BEACH BY THE COUN- TY.. OK 4-1 iJR-N05. Recommended..Action: To 1) render policy decision re. whether City should enter into cost negotiations to help County defray maintenance costs; 2) refer to City Atty. the issue of County indemnification in future City/ County beach related agreements; and 3) make policy decision re. advertising on beach. 15. MISCELLANEOUS ITEMS AND REPORTS -,CITY MANAGER 16. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL (a) SB 151: Modifying the membership and powers of the South Coast Air Quality Management District Board. Memorandum from City Manager Gregory T. Meyer dated March 15, 1987. MOTION DEB/CIO TO APPROVE STAFF RECOMMENDATION. .OK 5-0 Recommended Action: Oppose SB 151 and study AB 2031. (b) Request by Mayor Pro Tem Simpson for support of SB 1231 (Beverly) to make it illegal to transport the performing killer whales out of California. Memorandum from City Manager Gregory T. Meyer dated March 19, 1987. MOTION SI/DEB - TO APPROVE STAFF RECOMMENDATION. OK 3-2 (JR/WI- NO). Recommended Action: Endorse SB 1231. (c) 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. MOTION SI/DEB TO ASK FOR PREPARATION OF RESOLUTION OF INTENTION TO P.C. TO STUDY HEIGHT CONDITION IN COMM. AND RES. AND RECOMMEND ANI-QH-ANGE NEEDED, TAKING INTO ACCOUNT ABOVE CONCERNS. COME BACK 4/28. ) OK 4-1 (CIO -NO). 17. OTHER MATTERS.- CITY.COUNCIL JR -,NOTHING SINCE HE SEES, THE .CATALINA FERRY AND, THE KIOSK AT THE PIER ON FUTURE AGENDA ITEMS. DEB - ONLY.SANITATION DISTRICT, GTM TO DISCUSS WITH MAYOR. WI - WANTS TO SET RECORD STRAIGHT THAT DENSITY BALLOT MEASURE ALLOWS CHANGES TO. BE MADE LOWER,, JUST NOT HIGHER. CIO - NEED BETTER MARKINGS FOR LEFT TURN AT P.C.H. AND PIER. CIO - CONCERNED. THAT WE GET. WORD OUT ON OUR LAWS AND HOW. THEY ARE ENFORCED SO CUSTOMERS IN THE CITY WILL KNOW RULES. 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 City management or departmental operations are requested to submit those complaints in writing to the City Manager. c MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Monday, March 2, 1987 at the hour of 7:40 P.M. PLEDGE OF ALLEGIANCE - Former Councilmember Gary Brutsch ROLL CALL Present: Rosenberger, Simpson Absent: DeBellis (excused) CITIZEN COMMENTS None. Williams, Mayor Cioffi 1. 1985-86 FINANCIAL AUDIT, DATED SEPTEMBER 22, 1986 AND REPORT ON INTERNAL ACCOUNTING CONTROL AND MEMORANDUM OF ADVISORY COMMENTS DATED SEPTEMBER 22, 1986 FROM CITY AUDITOR GRANT THORNTON WITH RECOMMENDATIONS: A staff report was given by City Manager Meyer. A. FROM CITY MANAGER GREGORY T. MEYER DATED FEBRUARY 25, 1987 TO ACCEPT THE AUDIT, AND; Action: To accept the audit. Motion Simpson, second Rosenberger. So ordered, noting the absence of DeBellis. B. FROM FINANCE ADMINISTRATOR VIKI COPELAND, DATED JANUARY 8, 1987 TO IMPLEMENT REVISIONS TO INTERNAL FINANCIAL CONTROLS. Action: To implement revisions to internal financial controls as recommended. Motion Williams, second Simpson. So ordered, noting the absence of DeBellis. 2. 1986-87 MID -YEAR BUDGET REVIEW WITH CONSIDERATION OF MODIFYING REVENUES, EXPENDITURES AND FUNDS AS REPRESENTED BY THE RECOMMENDED REVISION TO THE ESTIMATED REVENUES, RECAP OF EXPENDITURES AND BUDGET SUMMARY BY FUND SHEETS AS ATTACHED. Memorandum from City Manager Gregory T. Meyer dated February 26, 1987. Staff report was given by City Manager Meyer. Gary Brutsch was allowed to make some comments regarding sewers, and the water lines to the fire hydrants. A. RECOMMENDED CHANGES IN REVENUES: Action: To make the three recommended changes in revenues as stated below. Motion Williams, second Rosenberger. So ordered, noting the absence of DeBellis. 1 _ Minutes 3-2—R7 la E 1. INCREASE GENERAL FUND REVENUES: 2. TRANSFER FROM GENERAL FUND TO SEWER FUND 3. TRANSFER FROM GENERAL FUND TO TRANSIT FUND, EFFECTIVE JULY 1, 1986 $ 205,685 $ 99,005 $ 44,833 B. CLOSE OUT THE DEBT SERVICE FUND AND TRANSFER THOSE MONIES OF $ 65,005 TO THE GENERAL FUND AND CREATE A DEBT SERVICE DESIGNATION OF THAT AMOUNT; Action: To close out the debt service fund and transfer those monies of $65,005 to the general fund and create a debt service designation of that amount. Motion Rosenberger, second Simpson. So ordered, noting the absence of DeBellis. C. CLOSE OUT THE CAPITAL IMPROVEMENT FUND TRANSFERING THOSE MONIES TO THE GENERAL FUND AND CREATE A DESIG- NATION FOR CAPITAL IMPROVEMENTS IN THE AMOUNT OF $ 522,706; Action: To close out the capital improvement fund trans- fering those monies to the general fund and create a designation for capital improvements in the amount of $522,706. Motion Williams, second Simpson. So ordered, noting the absence of DeBellis. D. APPROPRIATE AN ADDITIONAL $ 100,000 TO THE ASSET REPLACEMENT GENERAL FUND RESERVE DESIGNATION FOR THAT PURPOSE; Action: Appropriate an additional $100,000 to the asset replacement general fund reserve designation for that purpose. Motion Rosenberger, second Simpson. So ordered, noting the absence of DeBellis. E. APPROPRIATE $ 150,000 ADDITIONAL TO THE INSURANCE FUND; Action: To appropriate $150,000 additional to the insurance fund. Motion Rosenberger, second Williams. So ordered, noting the absence of DeBellis. F. APPROPRIATE $ 21,3114 TO THE CDBG FUND; Action: To appropriate $21,314 to the CDBG fund. Motion Simpson, second Rosenberger. So ordered, noting the absence of DeBellis. G. DESIGNATE $ 100,000 FROM THE GENERAL FUND TOWARD PROSPECT PARK LAND ACQUISITION; 2 • z Minutes 3-2-87 Action: To designate $100,000 from the general fund to- ward Prospect Park land acquisition. Motion Simpson, second Williams. So ordered, noting the absence of DeBellis. H. DESIGNATE $ 50,000 FROM THE PARK & RECREATION -FACILITIES FUND TOWARD PROSPECT PARK LAND ACQUISITION; Action: To designate $ 50,000 from the Park & Recreation Facilities Fund toward Prospect Park land acquisition. Motion Simpson, second Williams. So ordered, noting the absence of DeBellis. I. RECOMMENDED CHANGES IN EXPENDITURES: Action: To approve the eight (8) recommended changes in expenditures as stated below. Motion Rosenberger, second Simpson. So ordered, noting the absence of DeBellis. 1. INCREASE FIRE DEPARTMENT SALARIES APPROPRIATION BY $ 101,000 2. APPROPRIATE AN ADDITIONAL $ 40,000 TO PROSPECTIVE EXPENDITURES 3. APPROPRIATE $ 12,000 TO PUBLIC WORKS, PARKS FOR ATSF PROPERTY TAX PAYMENTS OF 1986 - '87 4. APPROPRIATE $ 37,824 TO THE INSURANCE FUND FOR STATE UNEMPLOYMENT INSURANCE EXPENSES; 5. APPROPRIATE $ 5,258 TO THE INSURANCE FUND FOR MEDICARE EXPENDITURES; 6. APPROPRIATE $ 96,893 FROM THE PARKING FUND TO PAY OFF THE BARD STREET PROPERTY MORTGAGE (MADDEN PROPERTY).; 7. APPROPRIATE $ 8,750 TO THE POLICE DEPARTMENT FOR THE CITY TO RE -JOIN THE AUTOMATED WANTS AND WAR- RANTS SYSTEM; Memorandum from Public Safety Director Steve Wisniewski dated February 13, 1987. 8. APPROPRIATE $ 5,000 TO THE POLICE DEPARTMENT FOR RE -INSTITUTING A CRIME PREVENTION PROGRAM. Memo- randum from Public Safety Director Steve Wis- niewski dated February 17, 1987. 3 Minutes 3-2-87 Further Action: To adopt the the following five (5) City Manager recommendations regarding Mid -Year Budget Review: 1. Receive and file the report. 2. Adopt the attached revised Recap of Expenditures. 3. Adopt the attached revised Budget Summary by Fund 4. Adopt the attached revised Revenue Estimates by Fund 5. For 1987-1988, City Manager should seek to prepare a budget that includes an amount equal to 3% of the recommended budget General Fund operating budget in a Contingency Fund. Motion Rosenberger, second Simpson. So ordered, noting the absence of DeBellis. 3. 1986-87 MID -YEAR REVIEW OF CAPITAL IMPROVEMENT PROGRAM. Staff report was given by Public Works Director Antich. City Manager Meyer stated that the following reports will be coming back to City Council: 1. Public Safety Director - on problem of water line sizes. 2. Public Works Director - handicapped ramps for Clark Stadium Building - back on March 24. 3. City Manager- on fire safety concerns of new construction. (Fire hydrant upgrades, adequate fire flow) A) STATUS OF CAPITAL IMPROVEMENT PROJECTS WITH RECOMMENDA- TION TO RECEIVE AND FILE THIS REPORT. Memorandum from Public Works Director Anthony Antich dated February 19, 1987. Action: To receive and file. Motion Rosenberger, second Williams. So ordered, noting the absence of DeBellis. 4. ADOPTING A SCHEDULE FOR CONSIDERATION OF THE 1987-88 BUDGET AND 1987-89 CAPITAL IMPROVEMENT PROGRAM. Memo- randum from Assistant City Manager Alana M. Mastrian dated February 17, 1987. Action: To adopt the recommended schedule for the 1987-88 Budget and 1987-89 Capital Improvement Program Considerations with the following key dates: - 4 Minutes 3-2-87 May 1, 1987 May 14, 1987 May 2 , 1987 June 9, 1987 June 23, 1987 City Manager Proposed Budget submitted to City Council 7:30 P.M. City Council Budget Workshop Additional Workshop if needed 8:00 P.M. Public Hearing Adoption of Budget and Capital Improvement Program 5. CONSIDERATION OF ASSIGNING RESPONSIBILITY FOR 1987 CITY COUNCIL GOALS AND DEVELOPING RELATED TASKS. Memorandum from City Manager Gregory T. Meyer dated February 26, 1987. Action: To receive and file. (Councilmembers to inform City Manager of their priority of 1, 2, 3 on each item.) Motion Williams, second Rosenberger. So ordered, noting the absence of DeBellis. ADJOURNMENT The Special Meeting of the City Council Beach, California, adjourned on Monday, of 9:30 P.M. to a Regular Meeting to be 10, 1987 at 7:30 P.M. of the City of Hermosa March 2, 1987 at the hour held on Tuesday, March de,r)t);ftd4V46-1 , Kathleen Midstokke, City Clerk 5 Minutes 3-2-87 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 10, 1987 at the hour of 7:34 P.M. PLEDGE OF ALLEGIANCE - Commander Charles Young ROLL CALL Present: DeBellis, Rosenberger, Simpson, Williams Absent: Mayor Cioffi (excused) PRESENTATION BY ROCKY.VERSACE POST 2828 OF THE BEACH CITIES VET- ERANS OF FOREIGN WARS. OF THE UNITED STATES TO OFFICER THOMAS PAUL THOMPSON. Officer Thompson was presented with a citation for his efforts in the community T.V. Awareness Program and DARE (Drug Abuse Resistance Education) in our local schools. INTRODUCTION.OF NEW EMPLOYEES Linda Riddle, Clerk Typist/Police Department and Sherria Lawrence, Clerk Typist/Finance Department. CITIZEN COMMENTS Tom Morley - 2016 Ernest Avenue Redondo Beach - asked to address the Council on Item 2b. 1. CONSENT CALENDAR Action: To approve Consent Calendar items (a) through v with the exception of the following items which were pulled for further discussion but are listed in order for clarity (c) Williams (j) Simpson (p) Rosenberger (q) Rosenberger (r) Rosenberger (u) Williams (v) Rosen- berger. Motion DeBellis, second Simpson. So ordered, noting the absence of Cioffi. (a) Approval of Minutes: Special meeting of the City Coun- cil held on February 21, 1987. (b) Action: To approve minutes. Approval of. Minutes: Regular meeting of the City Coun- cil held on February 24, 1987. Proposed Action: On page 10, 10(b)- Oral status report Business Relations Subcommittee - To delete the remarks of the Mayor "Mayor Cioffi expressed concern that only one area of the City was being looked at, and we should consider the City as a whole." Motion Williams. Dies for lack of second. Final Action: To approve minutes. Motion DeBellis, second Simpson. So ordered, noting the absence of Cioffi. - 1 Minutes 3-10-87 1b (c) Demands and Warrants: March 10, 1987. Action: To approve Demands and Warrants Nos.22453 through 22583 inclusive noting voided Warrants Nos. 224 1, 22462, 22500, 22516. Motion Williams, second DeBellis. So ordered, noting the absence of Cioffi. (d) Tentative Future Agenda Items. Action: To receive and file. (e) City Manager Activity Report: Memorandum from City Man- ager Gregory T. Meyer dated March 4, 1987. Action: To receive and file. (f) Request for Closed Session: Memorandum from City Man- ager Gregory T. Meyer dated March 3, 1987. Action: To calendar a Closed Session for March 24, 1987 11 —67-0-0 p.m. (g) (h) (i) (j) Authorization for payment. of. claim to Casey's Used Cars in the amount of $2,235.70. Memorandum from Personnel Administrator Robert Blackwood dated March 3, 1987. Action: To authorize payment. Monthly Investment Report: Memorandum from City Treasurer Norma Goldbach dated March 4, 1987. Action: Receive and file. Cancellation of Warrants: Memorandum from City Treasurer Norma Goldbach dated February 17, 1987. Action: To approve cancellation of Warrants Nos. 022356 and 022450. Martha's 22nd Street Grill Encroachment Permit Fee. Memorandum from Public Works Director Anthony Antich dated February 12, 1987. Action: To grant request to pay the annual Commercial Encroachment Permit Fee for Outside Dining quarterly, and to amend the Certificate of Insurance to include the City of Hermosa Beach, its officers, and employees named as additionally insured; and staff to set an administrative fee in addition to the quarterly payments and inform Council. (Using cost reasonably borne). Motion Rosenberger, second Williams. So ordered, noting the absence of Cioffi. - 2 - Minutes 3-10-87 (k) (1) (m) (n) Prospect Park improvements - award of bid for asphalt area repair and resurfacing. Memorandum from Public Works Director Anthony Antich dated February 27, 1987. Action: To award agreement to Sully -Miller Contracting Company and authorize Mayor to sign. Approval of Plans and Specifications for sanitary sewer Target Area II, CIP 85-401, 402, 4-03. Memorandum from Public Works Director Anthony Antich dated February 25, 1987. Action: Approve plans and specifications, authorize staff to solicit proposals for Inspection Services and authorize staff to solicit sealed bids for construction for CIP 85-401, 402 and 403. Informational report regarding transients and homeless persons in Hermosa Beach. Memorandum from Public Safety Director Steve Wisniewski dated March 3, 1987. Action: Receive and file. Informational report regarding legality of consuming alcoholic beverages in.non-licensed establishments. Memorandum from Public Safety Director Steve Wisniewski dated March 3, 1987. Action: Receive and file. (o) Approval of Final Map #44387 for.6 unit condominium project at 1126 & 1130 Cypress Avenue. Memorandum from Planning Director Michael Schubach dated March 3, 1987. Action: To approve Final Map #44387, and adopt Resolu- tion No. 87-5020 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANT- ING FINAL APPROVAL OF TRACT MAP # 44387 FOR A SIX UNIT CONDOMINIUM PROJECT LOCATED AT 1120 AND 1136 CY- PRESS AVENUE, HERMOSA BEACH, CALIFORNIA." Motion Rosenberger, second Williams. So ordered, noting the absence of Cioffi. (p) (q) Proposed Community Opinion Questionnaire to determine various Capital Improvement needs. Memorandum from Public Works Director Anthony Antich dated February 12, 1987. Action: To receive and file. Motion Rosenberger, second Williams. So ordered noting the objection of DeBellis and the absence of Cioffi. Approval of security policy for new restrooms at Clark Field. Memorandum from Community Resources Director Alana Mastrian dated March 3, 1987. (r) Action: To approve security policy, adding to number 7-776) and holidays. Motion DeBellis, second Rosenberger. So ordered, noting the absence of Cioffi. Revised RFP for a transportation study to improve and expand. the Herman Commuter Service and examine other services in the area. Memorandum from Planning Director Michael Schubach dated March 2, 1987. Supplemental information dated March 9, 1987. Action: Approve revised RFP. Motion Rosenberger, second Simpson. So ordered, noting the absence of Cioffi. (s) Inclusion of the Manhattan Village Mall as a satellite stop for the "Wave"Dial-A-Ride Program. Memorandum from Planning Director Schubach dated March 3, 1987. (t) (u) (v) Action: Direct staff to meet with City of Redondo Beach to amend the contract to include the medical facility of - the Manhattan Village Mall as a satellite point. Authorization to attend City Clerk's Association Annual Conference April 8 - 10, 197, per City Code. Section 2- 3.1 (a)(2). Memorandum from City Clerk Kathleen Mid- stokke dated March 4, 1987. Action: To authorize attendance of City Clerk. Funding attendance at.Medal of,Valor Luncheon. Memoran- dum from City Manager Gregory T. Meyer dated March 4, 1987. Action:. To appropriate $180 from Prospective Expendi- tures to City Council Conference Account. Motion DeBellis, second Rosenberger. So ordered, noting the absence of Cioffi. In lieu sewer payment for condominium. project located at 829, 829-1/2 and 833 Fifth Street. Memorandum from Public Works Director Anthony Antich dated March 5, 1987. Proposed Action: To ask Public Works Director to incor- porate the alternative suggestions for financing these various sewer projects (the in -lieu sewer payments). Motion Rosenberger. 'Restated Motion: To return to us at the next meeting, with alternative suggestions for charging. (The in -lieu sewer payment, both policy, and how it affects this project.) Motion Rosenberger, second Williams. So ordered, noting the objection of DeBellis and the absence of Cioffi. 11 Minutes 3-10-87 2. ORDINANCES AND RESOLUTIONS (a) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 86-843 TO AL- LOW PROJECTS FILED PRIOR TO THE EFFECTIVE DATE OF OR- DINANCE NO. 86-839 TO REMAIN UNDER OLD STANDARDS. For waiver of full reading and introduction. Memorandum from Building and Safety Director William Grove dated March 2, 1987. Acta.on: To waive full reading of Ordinance No. 87-874 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 86- 843 TO ALLOW PROJECTS FILED PRIOR TO THE EFFECTIVE DATE OF ORDINANCE NO. 86-839 TO REMAIN UNDER OLD STANDARDS." Motion DeBellis, second Rosenberger. AYES- DeBellis, Rosenberger, Simpson, Williams NOES- None ABSENT- Cioffi Further Action; To -introduce Ordinance No. 87-874. Motion DeBellis, second Rosenberger. So ordered, noting the absence of Cioffi. (b) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE GENERAL PLAN FOR VARIOUS AREAS WITHIN THE CITY AS SHOWN ON THE ATTACHED EXHIBITS A THROUGH E. For adoption. Memorandum from Planning Director Michael Schubach dated March 2, 1987. Addressing the Council on this matter was Tom Morley, who opposed the adoption. Action: To adopt Resolution No. 87-5021 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH CALIFRONIA AMENDING THE GENERAL PLAN FOR VARIOUS AREAS WITHING THE CITY AS SHOWN ON THE ATTACHED EXHIBITS A THROUGH E. (AND REPEALING RESOLUTION NO. 87-5011) Motion Williams, second Rosenberger. So ordered, noting the absence of Cioffi. (c) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION NO. 85-4886, AS AMENDED, ADJUSTING THE FEE FOR ISSUANCE AND REVIEW OF ENCROACHMENT PERMITS - SECTION 6. FEE FOR OUTSIDE DINING PURPOSES. For adoption. Memorandum from Public Works Director Anthony Antich dated February 17, 1987. Action: To receive and file. Motion Rosenberger, second Williams. So ordered, noting the objection of DeBellis, and the absence of Cioffi. Ml nii1- 1 -in -p7 3. ITEMS REMOVED,. FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION. Consent Calendar items (c) Williams, (j) Simpson, (p) Rosenberger, (q) Rosenberger, (r) Rosenberger, (u) Williams, and (v) Rosenberger were discussed at this time but are listed in order on the Consent Calendar for clarity. 4. WRITTEN COMMUNICATIONS FROM THE. PUBLIC. (a) Correspondence from Mr. Parker Herriott 224 -24th Street Hermosa Beach, regarding a request for ordinance to ex- tend time to obtain a building permit as follows: 1) Ltr. received 10:45 a.m. February 25, 1987; 2) Ltr. received 1:15 p.m. February 25, 1987; 3) Ltr. received 1:00 p.m. March 3, 1987• Supplemental letter from Steve Kaplan, attorney at law, Manhattan Beach, dated March 9, 1987. Mr. Herriott addressed the Council on this issue. Action: Staff to respond to the questions in the let- ters, and also explain the process of Public Hearings. Motion DeBellis, second Rosenberger. So ordered, noting the absence of Cioffi. Further. Action: Direct staff to respond and indicate that there was no indication from City Council that they were desirous of holding a public hearing on adopting a Ordinance as requested. Motion DeBellis, second Simpson. So ordered, noting the absence of Cioffi. 5. MISCELLANEOUS ITEMS.AND REPORTS - CITY MANAGER (a) Acceptance of R.C.C. proposed budget for 1987-1988. Memorandum from City Manager Gregory T. Meyer dated March 5, 1987. Action: Recommend that City Council accept the R.C.C. proposed budget assessment schedule and direct its dele- gate to the R.C.C. Board to cast a yes vote for a 1987- 1988 assessment amount not to exceed $241,963• Motion DeBellis, second Rosenberger. So ordered, noting the absence of Cioffi. 6. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL (a) Oral report from Couneilmember Simpson re. proceedings of League of California Cities, L. A. County Division, re. California State Coastal Commission vacancy, with recommendations on how to proceed thereafter. Supple- mental letter from L.A. County City Selection Commit- teeregarding April 2, 1987 Meeting to discuss vacancy. Minutes 3-10-87 Action: Designate for the City Selection Committee Meeting of April 2, 1987, that Councilmember June Williams be the delegate for the City of Hermosa Beach. Motion DeBellis, second Rosenberger. So ordered, noting the absence of Cioffi. (Mr. Meyer explained that we will be advising the other cities in the L.A. County Division of Councilmember Simpsons candidacy, and seeking their support.) 7. OTHER MATTERS - CITY COUNCIL Rosenber:er - Letter from Gordon MacRae and Charles Johnson of Redondo Beach Kin Harbor re:Passen er Service from Redondo Beach. to. Catalina. Asking the City to support this concept, and send a letter to the Public Utility Commission. Action: To request that this be calendared for the next meeting to consider taking a policy position. Motion Simpson, second Rosenberger. So ordered noting the absence of Cioffi. Rosenberger- restriping of 13th Street Adding 6 addi- tional parking spaces. Staff to watch out for potential problem of cars parking in front of fire door. Simpson - Marineland Closure in City of Rancho Palos Verdes - News item regarding possible legislation to prevent the transportation of the performing whales out of the State of California based on lossed revenue. Action: To calendar this item for a future meeting, to include addressing the animal care facilities which the City of Hermosa Beach utilizes. Motion Simpson, second Rosenberger. So ordered, noting the absence of Cioffi. Williams .-. Height .Ordinance..on Ballot- Requesting to put on agenda discussion of this item. Proposed Action: To put on the agenda a discussion of - having a vote of the people before the height ordinance can be changed. Motion Williams. Withdrawn. Planning Commissioner Sheldon addressed the Council on this matter, and said that the Planning Commission will be studying the height limit in the next few months. Williams - Approval of Escrow Agreements by City Council Requested reconsideration. Prosposed,Action: To put on the agenda discussion of the approval of escrow agreements for the sale or pur- chase of City property. Motion Williams, second Simpson. Noting the objections of Simpson, DeBellis, and Rosenberger, motion fails.. - 7 - Minutes 3-10-87 Williams - Friday night. ride along with Parking Enforce- ment - suggested that a notice be given with the tickets when cited in the Community Center area informing of the additional parking at Plaza Hermosa. A study of parking needs in this area before structure is considered. Also, look at restriping. Lot F - (Biltmore Lot) 15 feet high on pole - sign of No Street Sweeping - need additional. and -lower signs. Williams..- Items. sentto_Planning Commission - suggested that Council be given a proposed agenda, recap, and time schedule of when they will be hearing the items that the Council has requested be studied. Williams - Letter from resident on Hermosa Avenue.re: Legal Non -Conforming 4. Units Apartments rebuilding 3 Units. Questioned how this was being done without con- forming to current standards. Aotion: To put on a future agenda discussion of this Ordinance and clarify what you may do structurally to legal non -conforming uses. Motion Williams, second DeBellis. So ordered, noting the absence of Cioffi. Williams - Using 17 Foot Setback as ramp for.Subter- ranean.Parking - Questioned if this was the intent of the ordinance, or was accessorary parking. Possible changes in ordinance or interpretation. City Manager Meyer stated that included in the next Planning Depart- ment (and Building Department) Activity report will be an explaination of the operating interpretation of the 17 foot setback. Williams- Minimum Square Footage. in R-3 Action: Discussion on a future agenda of a ballot mea- sure increasing the minimum square footage in the R-2 and.R-3 zones. Motion Williams, second Rosenberger. So ordered, noting the absence of Cioffi. Simpson - Letter from,_Deane Dana March 5, 1987 re; Fund- ing_of 1736 for.Needs of.Homeless- Questions use and definition of "homeless". Staff to express thanks. Rosenberger - Informational Kiosk at Pierhead During Summer - jointly operated by City, Chamber, J.C.'s to provide information regarding hotel use, entertain- ment, and all the parking rules to various visitors. Action: To put this item on the next agenda. and invite representatives from the above groups. Motion Rosenberber, second Williams. So ordered, noting the absence of Cioffi. - 8 - Minutes 3-10-87 DeBellis-.Structural Alteratiions- Discuss interpreta- tion of a law we have that allows a person to leave one wall standing, and redo whole structure without conform- ing to current codes. DeBellis- Parking at Community Center - Referenced ERA report, and Alano House being a prime user. DeBellis- Report on Homeless -Thanked Public Safety Di- rector Wisniewski for the report, and also thanks for the report on the consumption of alcohol in non -licensed establishments. Action: To put on an agenda a report on the status of the action of the South Bay Sanitation District Board of Directors in regards to the EPA waiver request. Motion DeBellis, second Simpson. So ordered, noting the absence of Cioffi. The Regular Meeting of the City Council adjourned temporarily at the hour of 9:56 P.M. to a meeting of the Hermosa Beach Vehicle Parking District. The Regular Meeting of the City Council reconvened at the hour of 10:19 P.M. APPEARANCE OF INTERESTED CITIZENS Tom Morley addressed the Council requesting that the Councilmem- bers meet with him to discuss his problem regarding the recent changes in the zoning in the Southwest Area II. ADJOURNMENT The Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Tuesday, March 10, 1987 at the hour of 10:27 P.M., to a Regular Meeting to be held on Tuesday, March 24, 1987 at the hour of 7:30 P.M., preceeded by a Closed Session at 6:00 P.M. 9 Wva2va2,4_4,iai2r# ,4_4Midstokke, City Clerk Minutes 3-10-87 CITY Of H EPMOSA BEACH TO CITY COUNCIL SUBJECT. CITY COUNCIL MINUTES DATE. MARCH 20, 1987 FROM• CITY CLERK This memo is in response to the recent questions regarding the preparation of the Minutes, specifically the request by Councilmember Williams of remove some remarks of Mayor Cioffi from the minutes of 2-24-87 under Item 10(b)- Oral status report from Business Relations Subcommittee. Government Code § 40801. states that "The City Clerk shall keep an accurate record of the proceeding of the legislative body ...". One of the most important functions an elected City Clerk can perform is the impartial preparation of the Minutes. The Minutes should of course be accurate, and a true reflec- tion of the proceedings. They are the permanent record which will always be on file in the City. For many years now, the Minutes have been prepared as Action Minutes rather than verbatim or transcript style. This has proven to be the best system to use, and I will continue to use it. However, there are times when actions alone are inadequate for a proper record. Examples are oral reports, and Misc. Items City Council. Quite often there is no action, but the minutes should reflect the item or subject discussed. In this same set of minutes under 10(f) expenditues for Councilpersons and 10 (g) procedures of City Council Meetings, there was no action, but I tried to accurately reflect the item being discussed. I will continue to be most willing to relisten to a tape to make any corrections or additions to the Minutes, but I most respectfully do not think it proper for Councilmembers to attempt to edit them. Kahleen CMidstokke City Clerk cc: lty Manager City Attorney Title 4 ties having elected /or is an elective of - ;ion 34900) of Chap - r, with the approval to boards, commis- lly provided by stat - 624, p. 1120, § 53. The ed from Stats.1883, c. 49, tats.1SS9, c. 238, p. 394, § al Corporations §§ 473, 120 § 53 ;inally derived from Stets. 259, § 778; Stats.18S9, c. Div. 3 CITY CLERK § 40801 Chapter 2 CITY CLERK Sec. 40800. Repealed. 40801. Record of proceeding ; books; index. 40802. Accounting officer; financial records. 40803. Repealed. 40804. Publication of summary of city's financial report. 40805. Time for publication or posting financial report. 40805.5. Transfer of accounting and financial duties of city clerk to direc- tor of finance. 40806. Ordinance book; certificate. 40807. Record of ordinance; evidence. 40808. City records; use in court; custody. 40809. Ordinance ; proof of passage and publication. 40810. Ex officio assessor. 40811. City seal; custodian. 40812. Additional duties. 40813. Deputies. 40814. Oaths; affidavits; depositions; certifications; acknowledg- ments. 40815 to 40839. Blank. 40840 to 40862. Repealed. Chapter 2 was added by Stats.1949, c. '79,p. 213, § 1. Historical Note As originally enacted, Chapter 2 consist- ed of Article 1. Sixth Class Cities, com- prising §§ 40500 to 40814; and Article 2. Fifth Class Cities, comprising §§ 40540 to 40562. The heading of Article 1 and the entire Article 2 were repealed by Stats. 1955, c. 624, p. 1120, § 53. § 40800. Repealed by Stats.1955, c. 624, p. 1120, § 53 Historical Note The repealed section, added by Stats. ]949, c. 79, p. 213, § 1, provided for ap- plication of Article 1 to sixth class cities. § 40801. Record of proceeding; books; index The city clerk shall keep an accurate record of the proceeding of the legislative body and the board of equalization in books bearing appropriate titles and devoted exclusively to such purposes, respec- tively. The books shall have a comprehensive general index. (Added by Stats.1949, c. 79, p. 213, § 1.) 7 (b) (c) Action: Staff to come back with suggested implementa- tions, costs, procedures, Ordinance changes, engineering input, and Public Hearing on March 24, 1987. Motion DeBellis, second Rosenberger. So ordered. Oral status report from Business Relations Subcommittee (Councilmember Rosenberger). (Continued from 1/13/87, 1/27/87 and 2/10/87 meetings.) Councilmember Rosenberger gave an oral report. Matters of parking enforcement were discussed at the meeting in early January. Merchants wanted enforcement only until 6:00 P.M., instead of 8:00 P.M.; and possible fine of only $13.00 per ticket at the silver meters. Mayor Cioffi expressed concern that only one area of the City was being looked at., and we should consider the City as a whole. Request for staff and Planning Commission study of pos- sible revisions to development standards for neighbor- hood church parking, definition of "Assembly", etc. Memorandum from City Manager Gregory T. Meyer dated February 3, 1987. (Continued from 2/10/87 meeting.) Action: To request that the Planning Commission study and review this issue. Motion Simpson, second Cioffi. So ordered. (d) Request by Mayor Cioffi and Councilmember DeBellis for consideration of allowing the use of Municipal Buildings as shelter for the homeless. Memorandum from City Man- ager Gregory T. Meyer dated February 17, 1987. Action: Staff to contact County of Los Angeles, support their efforts, recognize the urgency of the problem, and Public Safety Department come back with a report as to how they perceive the problem within our City. Motion DeBellis, second Cioffi. So ordered. (e) Consideration of "Do Not Block Intersection" signs along Pacific Coast Highway. Requested by Mayor Cioffi. (f) Action: Staff to contact CalTrans, install signs, and enforce violations. Motion Cioffi, second Rosenberger. So ordered. Consideration of policy specifying certain allowable expenditures for Councilmembers. Requested by Council - member Williams. Cou- i'm:em�e'r Williams stated she would like this Coun- cil tb state a policy of what it wanted to claim as ex- penses, and what is fair and proper. City Manager Meyer stated the informal policy of the amount of $40.00 monthly expenses per councilmember. - 10 - Minutes 2-24-87 (g) Discussion re. making change in procedure of City Coun- cil meetings. Requested by Councilmember Williams. CCouncilmember Williams requested a policy of what to do when the agenda is not completed at a meeting. She sug- gested that either the next meeting begins where the previous one left off, or schedule in advance another meeting to complete the agenda. Proposed Action: To take up at the next meeting where the previous one left off, or schedule another meeting. Motion Rosenberger, second Williams. Objections: Simp- son, DeBellis, Cioffi. Motion fails. 11. OTHER MATTERS - CITY COUNCIL DeBellis - Status of Oil Drilling in Tidelands - requested an update on the progress, including at the State Lands Commission. DeBellis - Utility Users Tax - what progress we have made on using what is now a permanent tax, and possible use of bonding so the project can be completed quicker. (Sewer replacement). Williams - Permit Streamlining Act - in regards to the ATSF application for development, she was under the im- pression that we had to make a decision within one year of any proposed development, and then she read in the above Act that it does not apply to zone changes, and would like it clarified. Rosenberger - Diagonal parking study - Would like it be made available to the merchant's for the upcoming Busi- ness Relations Subcommittee Meeting. Rosenberger - Utility Users Tax - Would like to see a report on how that fund has been expended in terms of various uses specified i.e. sewers, downtown foot pa- trol, and code enforcement. The Regular Meeting of the City Council adjourned temporarily at the hour of 11:20 P.M. to a meeting of the Hermosa Beach Parking Authority. 12. MEETING OF THE HERMOSA BEACH PARKING AUTHORITY. (Con- tinued from 1/13/87, 1/27/87 and 2/10/87 meetings.) 13. MEETING OF THE HERMOSA BEACH VEHICLE PARKING DISTRICT COMMISSION. (Continued from 1/13/87, 1/27/87 and 2/10/ 87 meetings.) The Regular Meeting of the City Council reconvened at the hour of 11:53 P.M. Minutes 2-24-87 March 16, 1987 Honorable Mayor and Members City Council Meeting of the Hermosa Beach City Council of March 24, 1987 STATUS REPORT REGARDING AIRCRAFT NOISE AND BEACH FLYOVERS RECCHMENDATION: It is recaYmended that City Council receive and file this report. BACKGROUND: Councilmember Williams first brought this matter to the attention of staff on November 20, 1986 following an article in the L.A. Times. City Council directed staff to write letters of support for raising the flight level of helicopters to 2,000 feet. Letters were written to Congressman Levine, Senators Cranston and Wilson and to Hamer McClure, Regional Director for the Federal Aviation Administration. ANALYSIS: We spoke with representatives of the Federal Aviation Administration regarding this matter and learned that the flight level restriction for helicopters remains at 1,500 while flying near the airport. There is no restriction for aircraft flying over the water off our beaches and the FAA representative said that they have many aircraft fly at 200 feet. Aircraft flying over populated areas must maintain 1,000 feet. This would apply to any aircraft flying over our beach. We learned that the City of El Segundo is having a second reading of an ordi- ordinance which regulates helio stops. We spoke with representatives of the planning department for the City and learned that there was a one year study regarding helio stops and the noise and safety associated with then. The City is proposing an ordinance which regulates the landing of helicopters in their City. They discovered that only the FAA could regulate flight paths and height limitations, this was verified by the FAA representatives we spoke with. We will work in concert with the County Lifeguards to identify any problems we have concerning low flying aircraft over our beach or City. If we get the tail number of any suspected aircraft, we can turn it over to the FAA and file a camplaint. CONCUR: y T. Meyer, City Manager - ARI�� 1 ' tted, �'1 Steve S Wisniewski Director of Public Safety March 18, 1987 Honorable Mayor and Members of the Regular Meeting of Hermosa Beach City Council March 24, 1987 Status Report Concerning Planning Commission's Purview over Fire Safety & Public Works Requirements, and Cost of Implementation Recommendation The City Attorney's opinion as to the law is clear and precise. It is therefore recommended that: 1. This report be received and filed; 2. The Planning Commission be advised that City policy is to impose Fire and Public Works type requirements consistent with the City Attorney's March 19, 1987 opinion. Background At the February 17, 1987 meeting, the Planning Commission requested that a condition be added in conjunction with an approval of a variance. The condition read "a reasonable amount of the cost of the fire hydrant upgrade be borne by this applicant". At the March 10, 1987 meeting, the City Council requested information regarding conditions imposed by the Planning Commission which related to Fire safety requirements. On March 17, 1987, the Planning Staff submitted a memo concerning imposing conditions. The Staff believed that the cost of such requirements was the purview of the Department imposing the requirements, and/or the City Council. The City Attorney concurred. The Planning Commission voted 3 to 2 to impose the condition as originally requested (refer to attached Resolution P.C. 87-16). Analysis The Planning Staff believes that neither Public Works nor Fire Safety requirements are the purview of the Planning Commission. If these requirements are to become a purview of the Planning Commission, then a representative for each of those Departments should attend the meeting so that the Planning Commission can base their decision on professional judgement. 1 ti Also, the cost of such requirements is not discussed in the General Plan or the Zoning Ordinance. Therefore, Staff believes that conditions related to such costs should not be imposed by the Planning Commission. The City Attorney has prepared an opinion concerning these matters (refer to attached memo). Attachments 1. City Attorney's memo, March 19, 1987 2. Resolution P.C. 87-16 as requested at 2/17/87 meeting 3. P.C. Minutes dated 2/17/87 4. P.C. Minutes dated 3/3/87 5. Planning Staff memo dated 3/13/87 CONCUR: Gr ry 'Y.I eyer City Manager -:•ectfull su itt�• Mic Sc':ach Planning Director CITY MANAGER NOTE If we can step back and look at the situation devoid of the emotion surrounding any particular development application... Fire requirements are expressed in fire flow, gallons per minute (GPM) etc. These standards are just that, and are not negotiable. How to meet those standards? That's a responsibility of the homeowner/developer. Generally, there are several available solutions including: sprinklering the facility standpipes additional hydrants or an upgrading of current ones expanded water lines Neither the Commission nor Staff should be edicting the solution. Cost is a factor and the applicant should have a significant say as to which solution is actually utilized. Our water deficiency is real, and in recognizing this you have directed us to develop an overall, comprehensive plan. This is being done; a status report will be forthcoming within -90 days. In the meantime, current projects cannot be allowed to proceed without their mitigating the impact of their "contribution" to the problem. 2 CITY COUNCIL its John Cloffl, Mayor Etta Simpson, Mayor Pro Tem Jim Rosenberger June Williams Tony DeBellis Norma Goldbach, City Treasurer Kathleen Mldstokke, City Clerk City o f2iermosaTeaclt� Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 March 19, 1987 REGULAR CITY COUNCIL MEETING TO: MEMBERS OF THE CITY COUNCIL FROM: JAMES P. LOUGH, CITY ATTORNEY RE: PLANNING COMMISSION JURISDICTION OVER FIRE FLOW REQUIREMENTS This memo is in response to the City Council's request for an opinion regarding the limits of Planning Commission juris- diction regarding fire safety requirements. Essentially, the Planning Commission does not have jurisdiction to impose, change or modify conditions regarding fire safety imposed by the Department of Public Safety. Fire flow requirements are not established by the City of Hermosa Beach, but by the State of California through the Uniform Fire Code. This code sets up a national standard that the State mandates that every City should follow unless specifically changed by the particular City. Changes are not made very often since a change subjects the City to more scrutiny to justify a relaxation of a standard. The Uniform Fire Code places the regulatory authority for fire safety requirements on each City's Fire Department. This place- ment of jurisdiction with the Department under the Uniform Fire Code does not give any review authority to the Planning Commission. Therefore, the Planning Commission cannot change the requirements placed upon a project for fire safety purposes by the Fire Department nor otherwise alter the financing arrangements thereof. Any attempts to exercise jurisdiction over fire safety requirements cannot be considered valid. While the Planning Commission does not have regulatory authority over fire flow requirements, it can make recommendations to the City Council for changes in the City's procedures if it feels they are not being properly applied. This ability to suggest policy changes comes from its position as the Council's Advisory body. Respectful1 cc: City Manager Public Safety Director bmitt ames P. Lough City Hall (213) 376-6984 • Community Center 379-3312 / 376.6984 • Fire Department 376-2479 / 376-6984 • Police Department 376-7981 / 376-6984 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. 87-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A REQUEST FOR A VARIANCE FOR AN ENCROACHMENT INTO THE REQUIRED SEVENTEEN FOOT PARKING SETBACK AND PARTIAL COVERAGE OF OPEN SPACE AT 3323 THE STRAND. WHEREAS, the Planning Commission held a public hearing on February 17, 1987 to receive oral and written testimony on this matter and made the following Findings: A. There are exceptional circumstances related to the subject property. It is exceptionally small in size; B. The variance will preserve a substantial property right which has been granted to other property owners within the vicinity for lots of similar size, shape, and location; C. No evidence, reason, or factual data has been found which indicates that this variance will be materially detrimental to the public welfare or injurious to the property or improvements in the.vic_nity and zone in which the property is located; D. The granting of this variance is found to not be in conflict with any of the goals, objectives, policies or provisions of the General Plan and therefore, is not detrimental to the implementation of the General Plan; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Hermosa Beach, California, does hereby approve a request for a variance to encroach into the required 17 foot parking setback subject to the following Conditions: 1. Prior to obtaining Building Permits, three (3) sets of correctly drawn plans in compliance with all requirements of the Zoning Ordinance, except the 17 foot parking setback, shall be submitted to the Planning Director for review and approval. 2. A revised application shall be submitted to the Planning Department stating correctly that the request is for a three (3) foot setback, instead of 17 feet, and .shall also include 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 allowing some of the required open space area to be covered by decks above. 3. All Public Works and Fire Department requirements shall be complied with. 4. A reasonable amount of the cost of the fire hydrant upgrade shall be borne by the applicant. VOTE: AYES: Comms.Compton,Peirce,Rue,Chmn.Sheldon NOES: None ABSTAIN: None ABSENT: Comm.Schulte CERTIFICATION I hereby certify that the foregoing Resolution P.C. 87-16 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 of February 17, 1987. Chuck Sheldon, Chairman Michael Schubach, Secretary Date 2 • PLANNING COMMISSION MINUTES - FEBRUARY 17. 1987 PArfi 5 VARIANCE AND NEGATIVE DECLARATION TO CONSTRUCT A DWELLING UNIT AND TO MAINTAIN THE EXISTING GARAGE WHICH ENCROACHES INTO THE REQUIRED PARKING SETBACK AND TO PROVIDE NO GUEST PARKING SPACE AT 3323 THE STRAND Mr. Schubach gave staff report dated -February 13, 1987. The staff environmental review committee recommended a negative declaration with the mitigation that the fire hydrant at Longfellow and Hermosa Avenue be upgraded. The committee also recommended denial of the variance; however, the plans since that time have apparently been revised. Mr. Schubach stated that the most recent plans submitted partially vary from the original plans which has made it difficult to determine what:isbeing•_requested and if -the` : = ^ overall proposal meets zoning requirements. The site plan continues to show the existing garage encroaching into the public right-of- way on the north, with zero rear setback and no guest parking. The section plan still shows a deck encroaching into the front setback. The floor plans and elevations, on the other hand, indicate a new garage with a three- foot rear setback at grade and a one -foot setback on the second floor; also a guest space is provided and the deck no longer encroaches. The new garage is shown with an 18.75 -foot depth. The required depth is 20 feet. The proposed guest space does not have the required turning area of 23 feet. The R-1 zone requires 400 square feet of open space and allows 25% to be in decks and balconies. Open space, unless otherwise specified, is supposed to be from ground to sky open. The proposed plan indicates that about 70% will be covered. It should be noted that the R-2 and R-3 zones allow only 50% coverage; R-1 does not allow any coverage. The applicant has not submitted a corrected variance application as _requested by the staff environmental review committee, which should indicate the request as shown it the -title of the report. Based on the submitted plans, the applicant apparently intends to provide the minimum three-foot rear setback and to provide the guest parking space. P. PLANNING COMMISSON MINUTES FEBRUARY 17, 1987( PAGE 6 Staff believes the variance findings can be made because of the lot's unusually small size; total area equals approximately 2130 square feet. Requiring a 17 -foot setback would result in the garage being located in the middle of the lot and would create a hardship. Mr. Schubach concluded by stating that staff recommends approval of the variance, subject to the applicant complying with the conditions as stated in the resolution. Mr. Lough stated that the Planning Director had received a letter dated February 8, 1987, from Marjorie and Merle Fish, opposing any variance in the R-1 area which does not allow for every possible parking requirement. Comm. Peirce asked whether parking is allowed in the sideyard setback. Mr. Schubach stated that one parking space would be allowed. Mr. Schubach stated that three parking spaces are required, and the applicant •:• proposing three spaces. - - , - - •••• ' Chmn. Sheldon stated that the issue is the granting of a variance against the 17 -foot setback re uiremTLSOent. •- • Comm. Compton felt that it is totally outrageous to require this applicant to upgrade the fire hydrant at Longfellow and Hermosa Avenue. He stated that such a request is usually made of developers, not homeowners. . Public Hearing opened at 8:24 P.M. by Chmn. Sheldon. Mark Appel, 8141 Cabora Drive, Playa del Rey, agent for the applicant, addressed the Commission and stated that the issue of this request is the 17 -foot setback requirement. He displayed a drawing depicting the configuratiotwof the lot and the consequences of having to provide the required 17 -foot setback and the 21 -foot parking garage. He noted that not much room would remain for construction if these requirements were imposed. Mr. Appel stated that the lot is very small and not typical of the average lot in Hermosa Beach. Brian O'Malley, 3323 The Strand, Hermosa Beach, neighbor of the applicant. He stated that neither he nor any of the surrounding neighbors opposed this request. He noted that there is not a parking problem in this area of the City. He requested that the Commission grant the variance request; further, that the Commission not require a third parking space. Public Hearing closed at 8:28 P.M. by Chmn. Sheldon. Chmn. Sheldon stated that he would support a motion which would require three parking spaces and that would require all codes to be met; but that there be only a three-foot setback as opposed to a 17 -foot setback due to the overwhelming mitigating measure of the small lot size ..•MOTION by Comm. Rue, seconded by Comm. Peirce, to approve staffs's recommendation to approve a variance and negative declaration to construct a dwelling unit and maintain the existing garage which encroaches into the required setback and to provide no guest parking at 3323 The Strand, but with the following modifications: PLANNING COMMISS(N MINUTES - FEBRUARY 17, 1987 ` PAGE 7 Condition No. 2 shall clearly state that the revised application will correctly state that the request is for a three-foot setback and a nineteen -foot clear guest parking space Condition No. 3 shall be modified to read: "All Public Works and Fire Department requirements shall be complied with." Mr. Lough stated that this is a rare case in which he would advise variance approval; however, the issue of the fire hydrant is one which staff has carefully studied. He noted that even though only one house is in question, staff looks at the cumulative effects of a project and in turn applies mitigation measures based on the impacts of the project. He noted that this is an expanding of use of the property. Comm. Peirce stated that this is a single-family house and probably will remain as such. He questioned how it could be considered as an expansion of use. Mr. Lough stated that this is an issue of health and safety. =':` r=3'' Comm. Rue felt that it is not fair to require one person to bear the entire cost burden • for the upgrade. He asked whether there is another course of action which could be taken in this case. Comm. Peirce could see no connection between the fire hydrant issue and this project. He noted that the density is not being changed. . .. Mr. Schubach requested that the fire hydrant condition be left as is. He stated that the Fire Department would still make such a requirement. He suggested the possibility of a program whereby the costs are not entirely the responsibility of this homeowner. :dax3a.ar:.,1 :,• Mr. Schubach stated that at the staff environmental review meeting, the Fire Department was adamant in stating that an upgraded fire hydrant is necessary. He stated that this issue had been discussed with the applicant in terms of ways this could be accomplished. Comms. Compton and Peirce stated that they would favor no motion requiring .the applicant to upgrade the fire hydrant.. .. / Comm. Compton felt that appropriate wording in the Resolution should indicate that all / Public Works and Fire Department requirements shall be complied with. Further, that a 1 Condition No. 4 should be added stating that the applicant shall be required to pay a reasonable percentage of the cost of the upgrading of a fire hydrant in the immediate vicinity. Mr. Lough stated that the fire hydrant requirement could be deleted if the Commission tdid not want that as a mitigating measure. So far as requiring the City to pay a certain s percentage of the cost of the upgrade, the Planning Commission does not have the authority to obligate the City in such as manner. tComm. Compton felt that the Water Service Department should be the agency to pay for ..the cost of the upgrade. F Chmn. Sheldon noted that the findings for granting this variance are stated in Resolution P.C.87-15. • moo', .r ..:".��c:4.ryiya;i✓il.iii'k:`tn,�j�e�ir:-?r:�.:4..,i'c`�iif:-s:%;.!.:-� f PLANNING COMMISS.JN MINUTES - FEBRUARY 17, 1987 J PAGE 8 AMENDMENT TO THE MOTION by Comm. Compton to add a Condition No. 4 requiring that a reasonable amount of the cost of the fire hydrant upgrade be borne by this applicant. Amendment accepted by Comms. Rue and Peirce as maker and second. Comm. Compton discussed the open space requirement of 400 feet, and noted that 70% will be covered. Mr. Schubach suggested a modification to the open space requirement. • AMENDMENT TO THE MOTION by Comm. Compton to allow the 70% covered open space, noting that this lot is smaller than normal in the size. Amendment accepted by Comms. Rue and Peirce as maker and second. AYES: Comms. Compton, Peirce, Rue, Chmn. Sheldon NOES: None ABSENT: Comm. Schulte • {• PLANNING COMMIS_ ,?N MINUTES - MARCH 3, 1987 PAGE 2 f -- MOTION by Comm. Peirce, seconded by Chmn. Compton, to approve Resolution P.C. 87- 15, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL AUTHORIZING THE VOLUNTARY MERGER OF CONTIGUOUS PARCELS UNDER COMMON OWNERSHIP WITHOUT REVERTING TO ACREAGE OR HAVING TO COMPLY WITH FILING REQUIREMENTS UNDER ARTICLE IV, SECTIONS 29.5-19 - 29.5-28. Noting the abstention of Comm. Schulte, no objections; so ordered. Comm. Peirce discussed Resolution P.C. 87-16, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A REQUEST FOR A VARIANCE FOR AN ENCROACHMENT INTO THE REQUIRED SEVENTEEN -FOOT PARKING SETBACK AND PARTIAL COVERAGE OF OPEN SPACE AT 3323 THE STRAND. He specifically addressed Condition No. 3: "All Public Works and Fire Department requirements shall be complied with." He wanted to ensure that the applicant would not have to bear the entire cost burden of the proposed upgrading of the fire hydrant. Chmn. Compton noted that the minutes of February 17, 1987, accurately reflect the intent of the Planning Commission in regard to the upgrade. He suggested that the Resolution be modified to include the wording of the motion into the resolution. He further noted that a Condition No. 4 was to be added stating that the applicant would be required to pay only a reasonable amount of the cost of the upgrade. Chmn. Compton noted that approval of Resolution P.C. 87-16 would be continued to the next meeting. 7' •1 •r r. CITY OF HERMOSA BEACH PLANNING DEPARTMENT MEMORANDUM TO: Honorable Chairman and Members of the Planning Commission FROM: Michael Schubach, Planning Director SUBJECT: P.C.'s purview with regard to Public Works and Fire Departments requirements for various proj- ects (Resolution P.C. 87-16). DATE: March 13, 1987 At the March 3, 1987 Planning Commission meeting, the attached Resolution P.C. 87-16 was continued to this meeting, March 17th, because Condition #4, as submitted for approval, did not have the added statement "...that the applicant would be required to pay only a reasonable amount of the cost of the upgrade." Resolution P.C. 87-16 submitted for approval at this meeting does not incor- porate this added statement. It is my belief that the Planning Commission does not have the authority to address applicant's share of costs for various im- provements as may be required by Public Works or Fire Department for various projects. I have sent a memo to the City Attorney requesting his opinion on this matter and I have been informed by his office that a memo regarding this issue will be available for you at the meeting, March 17th (he is out of town). •a•i:.>s..r_,,_'v �,:accaw.Sb�c+:ic's..R � .....:.?:,...:.. �..... Honorable Mayor and t Members of the City Council March 16, 1987 City Council Meeting March 24, 1987 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA ESTABLISHING PROCEDURES TO IMPLEMENT ORDINANCE NO. 86-840 RELATING TO THE COLLECTION OF COMMERCIAL AND RESIDENTIAL REFUSE FEES RECOMMENDATION It is recommended that the City Council adopt the attached resolution. BACKGROUND The City Council adopted Ordinance No. 86-840 to provide for the placement of delinquent refuse charges on the property tax bill as a special assessment pursuant to an agreement with Browning- Ferris Industries, the refuse contractor. The attached resolution establishes billing procedures and the membership of an Administrative Appeals Board to implement Or- dinance No. 86-840. ANALYSIS The billing procedures contained in the resolution follow current and past practice and establishes that a fine will be imposed on accounts which are sixty days delinquent. The Administrative Appeals Board, whose function it is to review all unpaid refuse charges and make recommendations to the city council regarding placing the charges on the property tax bill, is proposed to be comprised of three management level employees. Prior to any unpaid refuse charges being placed on the property tax bill as a special assessment, the property owner will have an opportunity to appear before the Administrative Appeals Board and/or the City Council regarding the charges. The attached resolution also establishes an $10.00 fee for pro- ecessing an application for occupant billing of refuse charges. Respectfully submitted, Concur: Gre ory Meyer�� Cit am M g William Grove Director, Bldg. & Safety 2 4 . 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 87- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING PROCEDURES TO IMPLEMENT ORDINANCE NO. 86-840 RELATING TO THE COLLECTION OF COMMERCIAL AND RESIDENTIAL REFUSE FEES. WHEREAS, the City Council of the City of Hermosa Beach adopted Ordinance No. 86-840 to provide for the collection of delinquent refuse fees pursuant to the terms of an agreement with Browing -Ferris Industries; WHEREAS, said Ordinance No. 86-840 provides that certain procedureal matters be termined by resolution of the City Counc OW, THEREFORE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Billing Procedures Sp b�^ a) Residential accounts shall be billed quarterly in advance. b) Commercial accounts shall be billed monthly in advance. c) The ten dollar penalty fine prescribed by Section 27A -8(a) (1) H.B.M.C. shall commence being assesssed on accounts which are sixty days delinquent. d) Accounts which are sixty days delinquent as of April 30 of each year shall be processed as a special assessment to be collected with property taxes. SECTION 2. Administrative Appeals Board. a) The membership of the Administrative Appeals Board, pursuant to Section 27A -8(a)(7), shall consist of The Director of Building & Safety, the Director of Public Works and the Director of Community Resources. b) The Administrative Appeals Board shall adopt such rules as are necessary to conduct public hearings pursuant to Section 27A -8(a)(5) H.B.M.C. c) The Administrative Appeals Board shall hold sufficient hearings to review all unpaid refuse charges and shall make a recommendation to the city council whether such charges should be charged to the property as a special assessment. SECTION 3. Alternative Billing Procedures 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 a) The fee specified by Section 27A -8(b)(6) to cover the administrative costs for processing an application for occupant billing of refuse charges is established at $10.00 per application. SECTION 4. Payment to Contractor All delinquent refuse charges collected via a special assessment on the property tax bill shall be forwarded to the refuse contractor when received. PASSED, APPROVED AND ADOPTED THIS DAY OF MARCH, 1987. PRESIDENT of the City Council and MAYOR OF The City of Hermosa Beach, California ATTEST: CITY CLERK (11PPROVED AS TO FORM: I ITY ATTORNEY �/ ER1 LS 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. 86- 840 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING SECTION 27A-8 (MANDATORY COLLECTION FEE) TO THE HERMOSA-BEACH MUNICIPAL CODE TO ALLOW FOR ENFORCEMENT OF COMMERCIAL AND RESIDENTIAL REFUSE FEES. WHEREAS, the City of'Hermosa Beach has periodically entered into agreements for the collection of refuse by private refuse firms pursuant to the provisions of Chapter 27A (Sanitation, Garbage and Refuse) of the Hermosa Beach Municipal Code; WHEREAS, the City of Hermosa Beach has entered into an agreement with Browning-Ferris Industries for the collection of refuse within the City of Hermosa Beach pursuant to an exclusive franchise; WHEREAS, this agreement with Browning-Ferris Industries requires the City to set up procedures to allow for delinquent -- refuse - refuse fees to be placed upon the property tax rolls of the responsible property owner; WHEREAS, the City Council of the City of Hermosa Beach desires to keep refuse collection costs at a minimum to all residences and commercial establishments within the City and require that all persons pay their fair share of these collection costs in order to keep fees as low as possible; WHEREAS, the City Council of the City of Hermosa Beach has determined that the best method of achieving this goal is to establish a permanent procedure whereby the City can place :tt�s;.a' -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 overdue charges of delinquent accounts on the property tax assessment rolls so as to better ensure payment; and WHEREAS, the City Council of the City of Hermosa Beach believes that these procedures are in the best interest of the City of Hermosa Beach. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That a Section 27A-8 be added to Chapter 27A of the Hermosa Beach Municipal Code as follows: Section 27A-8. Mandatory Collection Fee. (a) In order to protect the health, safety and welfare of the residents of the city, the charges (including bin rental where applicable) for collection of garbage, rubbish and other refuse shall be billed in advance either by the city or its franchisee to each owner(s) of record of all premises where refuse is produced or generated. Said billing shall be in the manner and frequency as estab- lished by the city either by resolution or by contract with its franchisee. The city may adopt such billing and collection procedures as are deemed necessary and appropriate. (1) If an owner of record fails to pay a service bill by the date set by the city council by resolution establishing such proce- dures or by contract with its authorized fran- chisee, the owner of record will be sent a notification of such delinquency which shall include a penalty fine of ten (10) dollars, and the owner of record shall be assessed an additional ten (10) dollar penalty fine for every succeeding thirty (30) days of delin- quency. Said notification shall be sent by the franchisee. (2) Each successive billing period established above shall include the accumu- lated unpaid charges on a delinquent account for collection and disposal of refuse, as well as the accumulated penalties. Those owners 1/ordl -2- -r3�Vw::i:'�: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of records who receive such notice shall not invalidate any action taken by the franchisee or city under this section. (3) Should the owner of record fail or refuse to pay the fee assessed for collec- tion of garbage, rubbish or other refuse as provided in this section, the individual in charge of such collection shall advise the city manager of such refusal. The failure to pay would, except for the provisions hereof, result in the noncollection of garbage, rub- bish or other refuse, which condition the council determines and declares would be a threat to the public health, safety and wel- fare and which condition, •if permitted to exist, is declared to be a public nuisance. In the event of nonpayment, the city manager shall direct the contractor or franchisee to continue to provide service, and the past -due billings, including penalties and expenses and charges for collecting such billings, shall be assessed against the property as provided in this section. The franchisee shall continue to collect garbage, rubbish and refuse in cases of nonpayment when directed to doso by the city manager. (4) All costs incurred in collection of unpaid charges shall be recoverable by the city and charged against the property from which the garbage, rubbish or refuse was collected. (5) The city manager shall direct a notice to the property owner where unpaid charges are pending, at the address shown on the latest tax roll, setting a date, time and place for a hearing before the administrative appeals board of the city at which the board shall review all unpaid charges and make a recommendation to the city council whether such charges should be charged against the property. The city manager shall thereafter direct a notice to the owner(s) of record where unpaid charges are pending, setting a date, time and place for a public hearing before the city council at which the administrative appeals board's recommendation shall be considered and all unpaid charges shall be reviewed. Any property owners shall have the right to appear at the public hear- ings before the administrative appeals board and before the city council. 1/ordl -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (6) At the conclusion of its public hearing, the city council shall determine and approve, as an assessment against the prop- erty, all past -due billings and penalties due to the date of said hearing, together with the costs incurred in collecting the unpaid charges. If the total assessment determined and approved by the council is not paid within ten (10) days after the determination by the council, the delinquent account shall be sub- mitted to the county assessor for inclusion as a special assessment against the parcel. The assessment shall be collected at the same time and in the same manner as county taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to such special assessment. (7) The membership in terms of the administrative appeals board shall be estab- lished by resolution of the city council. (b) Alternative Billing Procedures -- Payment by Tenant. Upon the written applica- tion of the owner of any premises, filed on a form supplied by the City Manager or his designee, the City may bill the occupant of the premises where the occupant is other than the owner. In such case, it shall not be necessary to send a separate bill to the owner. The owner shall continue to be respon- sible for the payment of such bills even though no bill has been received, and delin- quent accounts will still result in penalties and establishment of a lien against the property pursuant to the provisions of paragraph a. (1) The application shall set forth the address of the property, the name of the occupant, and the name and address of the owner, and shall include a statement signed by the owner acknowledging continuing responsi- bility for payment of such bills in the event that the occupant fails to make timely payment in full. (2) The City Manager shall approve such application unless there is at the time an unpaid balance due and owing on the account of the subject premises. 1/ordl -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (3) An application, once approved, shall remain in effect until such time as: (a) The owner withdraws the application; or (b) Ownership of the property is transferred, in which case the new owner may submit a new application; or (c) It is determined that the application included false or misleading information; or (a) The account is delinquent for two (2) consecutive quarters, in which case the City Manager shall not approve a new application for a period of one (1) year after the date of revocation of the application. (4) If an occupant fails to pay a service bill, the owner shall be sent a notice indicating that the account is delinquent and a penalty has been assessed against the account pursuant to paragraph a. (5) A separate application is' required to be filed for each premises for which a separate billing account is maintained. (6) A fee shall be charged to the owner, payable at the time of submission of an application, to cover the administrative costs of processing such application and establish- ing an alternate billing procedure. In the event that the application is rejected, the fee shall be refunded to the applicant. (c) Exemptions. (1) Under certain circumstances, residential premises may be granted an exemption from the mandatory provisions set forth herein. If those circumstances exist or if other cause exists to justify an exemption from the mandatory provisions, the owner of such residential premises shall apply to the City Manager for an exemption. The following circumstances shall ordinarily constitute the basis for an exemption: (a) Residential premises upon which no habitable structures are located; or 1/ordl -5- 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 (b) Residential premises which will remain unoccupied for at least one (1) full month, including property upon which habitable structures are being constructed or significantly remodeled; or (c) Such other special circum- stances as determined by the City Manager to warrant the granting of an exemption from the mandatory provisions of this section. In granting such exemption, the City Manager shall be governed by written policies which the City Council may from time to time adopt, relative to the,circumstances under which an exemption may be granted. (2) Any property owner who applies for an exemption from the mandatory collection fee provisions shall provide adequate informa- tion supporting such request, and any misstate- ments or misrepresentations with respect to the justification for such exemption will void the application, if not yet approved, or the exemption, if already granted, and subject the property owner to a fine in an amount to be established by the City Council. (3) An exemption shall be valid only as to a specified service period, and new application must be made for an exemption for; any subsequent period. - Section 2. This ordinance shall become effective and be in full force and effect from and after thirty (30) days after its final passage and adoption. Section 3. That prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated in the City of Hermosa Beach. Section 4. 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 1/ordl -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16- 17 18 19 20 21 22 23 24 25 26 27 28 passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED ON THE 74th DAY OF JUNE, 1986. ATTEST: CI'T'Y CLERK APPROVED AS TDFORM: 1/ordl -7- PRESIDEN, OF THE CITY COUNCIL AND MAYOR OF THE CITY OF HERMOSA BEACH, CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF HERMOSA BEACH ) I, KATHLEEN MIDSTOKKE, City Clerk of.the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 86-840 was duly and regularly passed, approved, and adopted by the City Council of the City of Hermosa Beach at a regular meeting ofsaid Council held at the regular meeting place thereof on the 24th day of June, 1986 and was published inuthe At Easy Reader on July 3, 1986. The vote was as follows: AYES: Cioffi, Rosenberger, NOES: None ABSENT: None ABSTAIN: None DATED: July 11, 1986 �,;• I.1 .I '1 ►..! 'f I ! ) � Simpson, Williams, Mayor DeBellis a hleen Midstokke, City Clerk 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 87- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING PROCEDURES TO IMPLEMENT ORDINANCE NO. 86-840 RELATING TO THE COLLECTION OF DELINQUENT COMMERCIAL AND RESIDENTIAL REFUSE FEES. WHEREAS, the City Council of the City of Hermosa Beach adopted Ordinance No. 86-840 to provide for the collection of delinquent refuse fees pursuant to the terms of an agreement with Browing -Ferris Industries; WHEREAS, said Ordinance No. 86-840 provides that certain procedural matters be determined by resolution of the City Council. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Billing Procedures a) Residential accounts shall be billed by the refuse contractor quarterly in advance. b) Commercial accounts shall be billed by the refuse contractor monthly in advance. c) The ten dollar penalty fine prescribed by Section 27A -8(a) (1) H.B.M.C. shall commence being assessed on accounts which are sixty days delinquent. d) Accounts which are sixty days delinquent as of April 30 of each year shall be processed as a special assessment to be collected with property taxes. SECTION 2. Administrative Appeals Board. a) The membership of the Administrative Appeals Board, pursuant to Section 27A -8(a)(7), shall consist of The Director of Building & Safety, the Director of Public Works and the Director of Community Resources. b) The Administrative Appeals Board shall adopt such rules as are necessary to conduct public hearings pursuant to Section 27A -8(a)(5) H.B.M.C. c) The Administrative Appeals Board shall hold sufficient hearings to review all unpaid refuse charges and shall make a recommendation to the city council whether such charges should be charged to the property as a special assessment. SECTION 3. Alternative Billing Procedures REV 5ED 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 a) The fee specified by Section 27A -8(b)(6) to cover the administrative costs for processing an application for occupant billing of refuse charges is established at $10.00 per application. SECTION 4. Payment to Contractor a) All delinquent refuse charges collected via a special assessment on the property tax bill shall be forwarded to the refuse contractor when received. PASSED, APPROVED AND ADOPTED THIS DAY OF MARCH, 1987. PRESIDENT of the City Council and MAYOR OF The City of Hermosa Beach, California ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY March 17, 1987 Honorable Mayor and Members City Council Meeting of of the City Council March 24, 1987 RECOMMENDATION TO APPROVE A SOFTWARE LICENSE AGREEMENT AND SOFTWARE SERVICE AGREEMENT WITH UNIVERSAL COMPUTER SERVICE Recommendation: It is recommended the the City Council authorize the City Manager to sign the attached software license agreement and software service agreement, with Universal Computer Service, to provide data entry of parking citation payments through the use of an optical reader. Agreement to include the modifications included in the supplemental memorandum from City Attorney Lough. Background: Money has been budgeted, during this fiscal year, in the Data Processing/Contract Services/Private account, to give us bar code capability in the processing of citations. We had hoped that Infocomp, our current software supplier, would be able to provide us with a comprehensive citation system that would have this much -sought-after feature, but they have not been able to do so. Through the diligent effort of our System Manager, Marguerite Sturges and a cooperative effort on the part of Hewlett Packard, we found Universal Computer Service. Analysis: The UCS software, with modifications containing the ability to both read payments with an optical reader and to print barcode on our delinquent notices, has been demonstrated to both our staff and Finance Administrator Copeland. We believe that our quest has been satisfied. Use of this software will both speed-up citation processing, and eliminate the chance of data error, transposition of numbers, etc.. it 1 The total fee for the system, including modifications and conversion of existing data, is $14,500. The software support agreement is $145 @ month for the first two years, which is expected to decrease in ensuing years. As previously stated, this money has been budgeted for 1986/87 and there will be no additional request for funding. Jo. Noon General Services Director Concur: Inite Gre or Y Y 5T, f er 'eAL Cit Manager 2 Noted for fiscal impact: Viki Copeland Finance Administrator Law Offices of James P. Lough JAMES P. LOUGH March 12, 1987 CITY OF HERMOSA BEACH SUPPLEMENTAL MEMORANDUM 1605 WEST OLYMPIC BLVD. SUITE 9018 LOS ANGELES, CALIFORNIA 90015 (213) 381-6131 REGULAR CITY COUNCIL MEETING OF MARCH 24, 1987 TO: Members of the City Council FROM: James P. Lough, City Attorney RE: Universal Computer Service Contracts RECOMMENDATION: It is recommended that the City Council approve the contract attached to this item with the modifications indicated in this staff report. ANALYSIS: The City Attorney suggests that several modifications be made in this agreement in order to comply with certain legal requirements imposed upon the City by the State of California. Also, some of the suggested modifications are to more adequately protect the City of Hermosa Beach in case of suits arising out of the performance of this agreement. Under the Software Service Agreement, paragraph 4 (Patents/ Trademarks), the last sentence shall be changed to read as follows: Subject to the limitations -stated herein, UCS shall indemnify User for those costs and damages finally awarded against User in such action which are attributable to such claim, provided, however, that User notified UCS in writing within twenty (20) days of such claim and of all settlement negotiations. In the case of such notification being timely made, UCS shall defend User and hold User harmless for all liabilities, including attorney's fees related to such defense. Paragraph 5 (Confidentiality) of the Software Service Agreement shall be amended to add the following sentence: Nothing in this agreement, or any other agreement with UCS, shall prevent User from complying with the Public Records Act (Government Code Section 6250 et seq.). If any action is filed to require disclosure of any of the materials contained in this 16/SR0324A -1- REGULAR CITY COUNCIL MEETING OF MARCH 24, 1987 TO: Members of the City Council FROM: James P. Lough, City Attorney RE: City Attorney Contract Amendments agreement, or any other agreement with UCS, UCS shall agree to defend the City of Hermosa Beach, its officers, employees and any other related governmental entities and pay any costs, damages or attorney's fees incurred thereunder. Paragraph 7 (Assignment) of the Software Service Agreement shall be amended to add the following language: Use of any product under this agreement, or any other agreement with UCS by the Hermosa Beach Vehicle Parking District No. 1, Hermosa Beach Parking Authority or any other govern- mental entity formed by the City Council of the City of Hermosa Beach shall not amount to an assignment under this paragraph. Paragraph 9 (Limitations of Damages/Remedies) of the Software Services Ag ment acts to eliminate all remedies to the City of Herm Beach in case of negligence • 'llful acts of UCS except or recovery against the $1,70• •0 per year. In order to _a ow the City to protect itse in case of neglige ordggrrosd-negligence by UCS, the fo • ing language shall • • Nothing in•stagreement, or any of agreement th UCS, shall prevent e City of Hermo . :each from bringing a -ction against U for negligence, willfu or otherwise, or intentional conduct cau ng harm to the City of Hermosa Beach due the performance of this agreement or - y other matter betwee parties. Under the Software License Agreement, paragraph 3 (Fees) shall be amended as follows: Twenty-five percent (25%) of total Software Product Fee shall be paid on completion of training at customer's site and on successful demonstration. 16/SR0324A -2- REGULAR CITY COUNCIL MEETING OF MARCH 24, 1987 TO: Members of the City Council FROM: James P. Lough, City Attorney RE: City Attorney Contract Amendments Another sentence should be added at the end of paragraph 3 (Fees) as follows: Said fees listed unler�ds paragraph shall be paid within thirty (30) days of written notice of completion of each step listed above given by UCS to User. Paragraph 7 (Patents/Trademarks) shall be amended in the same manner as listed above under the Software Service Agree- ment. This is also true of paragraph 9 (Confidentiality) dealing with the Public Records Act issues listed above under the Software Service Agreement. Also, paragraph 12 (Termina- tion) of the Software License Agreement shall be amended to allow User to terminate under the same terms and conditions that UCS could terminate the agreement. Finally, paragraph 13 (Limi- tation of Damages/Remedies) shall be amended in the same manner as the Limitations of Damages/Remedies paragraph under the Software Service Agreement listed above. CONCLUSION: It is the opinion of the City Attorney that these changes listed above should be made in order to protect the City of Hermosa Beach. Without said changes, the City would be subjected to unnecessary legal jeopardy and disputes could arise for which the City would have little or no recourse. Respectfully submitted, JAMES P. LOUGH, City Attorney JPL/gp CITY OF HERMOSA BEACH cc: Joan Noon, General Services Director City of Hermosa Beach Gregory T. Meyer, City Manager City of Hermosa Beach Donald L. Larson, President Universal Computer Service Mark Posner, Esq. Miller & Posner 16/SR0324A -3- Zeici / eda edwe%�� Seiwiee 5250 W. CENTURY BOULEVARD SUITE 608 LOS ANGELES, CALIFORNIA 90045 (213) 417-8583 SOFTWARE SERVICE AGREEMENT December 29, 1986 UNIVERSAL COMPUTER SERVICE, a California Corporation 5250 West Century Boulevard Los Angeles, CA 90045 (hereninafter referred to as "UCS"), agrees to provide to: CITY OF HERMOSA BEACH Civic Center Hermosa Beach CA 90254 (hereinafter referred to as "User") Ongoing maintenance and support (hereinafter referred to as "Software Support") of the UCS software products or copies thereof (hereinafter referred to as "Software Products"), listed in this Agreement, subject to the following terms and conditions: 1. SERVICES PROVIDED UCS shall, as it deems necessary, release enhancements and modifications to its standard Software Products and 'it shall deliver one set of said enhancements and modifications, together with related documentation, upon their release, to the User's designated representative at the address listed in this Agreement. All said enhancements and modifications shall be considered to be included within the definition of the corresponding Software Products Software License Agreement between UCS and User, and within the definition of Software Products in this Agreement. User may submit to UCS a written, detailed report describing a malfunction or error the User has encountered in a Software Product listed herein. User may then request from UCS, in writing, a correction to the malfunction or error. UCS shall then correct the malfunction or error. UCS shall supply telephone assistance to the User's. designated representative, at no charge, to resolve software malfunctions and errors provided that this service is not to be used for educational purposes. Except as otherwise provided herein, this Agreement does not require UCS to provide any consideration of data, custom programming, training, or installation related to releases of enhancements or modifications to the Software Products, or to any data corrections which may be required because of malfunction or error of program products. UCS' obligation to correct any malfunction or error in the Software Products shall not apply if the Software Product is subjected to unauthorized repair or modification, improper application, malfunction of computer hardware, malfunction of computer software not supplied by UCS, accidental damage, negligence in use, improper storage, acts of God, electrical power damage, or abnormal operating conditions, but this shall not affect any other provisions within this Agreement. In the event that User has requested a correction to a malfunction or error and the malfunction or error was caused by User, then UCS may invoice User for time and materials expended in correcting the malfunction or error at UCS's then current billing rates. UCS shall be required to deal with one primary representative and one secondary representative of the General Services Department and of the Finance Department. Hermosa Beach shall be required to deal with one primary and one secondary representative of UCS. Either party may change any designated representative upon written notice to the other. User has no right to sell, assign, franchise, or otherwise grant the Software Support provided hereunder to any person, firm, or corporation for any use or purpose except that User may assign its rights hereunder to any successor in interest to User upon any reorganization, merger or sale of assets of User. 2. TERM This agreement shall commence on and remain in full force and effect for an initial term of one (1) year, and shall be renewed automatically for succeeding terms of one (1) year unless either party delivers to the other party notice in writing sixty (60) days prior to the end of any term advising that it does not wish to renew this Agreement. 3. FEES In consideration of the Software Support provided, User agrees to pay a fee of $1,740.00 each year for the first two years of this Agreement. These payments will be made quarterly. For each renewel thereafter, the price shall be an amount equivalent to twelve percent (12%) of UCS's price for the Software Products on the date which is one hundred (100) days prior to the last day of the expiring terms. The fee for the initial be due and payable on invoiced by UCS up to that quarter. Unless o and any succeeding quarter shall ay of that quarter, and may be days prior to commencement of stated, all fees and expenses are payable in U.S. dollars, and are exclusive of state and similar taxes. Such present or future taxes, when applicable, shall appear as separate items as acceptable to taxing authorities. 4. PATENTS/TRADEMARKS UCS represents and warrants that it is the owner of the Software Products and has the right to license, franchise, or otherwise grant the use thereof to any person, firm, or corporation for any use or purpose. UCS shall defend at its expense any action brought against User to the extent that it is based on a claim that the Software Products provided pursuant to this Agreement infringe upon a copyright of the United States or a United States patent. Subject to the limitations stated herein, UCS shall indemnify User for those costs and damages finally awarded against User in such action which are attributable to such claim, provided, however, that User notified UCS in writing within ten (10) days of such claim and of all settlement negotiations. 5. CONFIDENTIALITY User acknowledges that the Software Products provided under this Agreement constitute a valuable proprietary property of UCS. User agrees not to disclose or allow to be divulged any data or information concerning the Software Products to any person other than its professional advisors and employees or consultants on a need -to -know basis. User agrees to take appropriate steps, in accordance with its confidential information, to protect the confidentiality of the Software Products, and not willingly or knowingly make, or allow anyone else to make, copies of the Software Products except for computer backup or archival purposes. 6. NON -RESTRICTED User acknowledges that UCS shall be free to sell or license the Software Product, including enhancements and modifications, to other users, without actual or implied restriction during the term of this Agreeement. 7. ASSIGNMENT This Agreement is not assignable by either party, and any attempt by either party to assign this Agreement or any rights, duties, or obligations hereunder shall be void and of no effect. 8. TERMINATION In the event that User shall at any time default in the payment of any UCS invoice or neglect, fail, or refuse to comply with, or otherwise violate or breach the terms of this Agreement, UCS may at its option terminate this Agreement. User acknowledges that upon termination of this Agreement by UCS, none of the fees or charges paid to UCS shall be repaid to User. 9. LIMITATIONS OF DAMAGES/REMEDIES In no event shall UCS be liable to or through User indirect, incidental, special, or consequential damages or for lost profits due to nonconformance of the Software Products. User's sole and exclusive remedy for nonconformance of Software Products shall be return of the Software Products and repayment of fees paid to UCS. 10. SECTION HEADINGS Section headings appearing in this Agreement are inserted for convenience of reference only and shall not be construed to be interpretations of text. 11. MISCELLANEOUS Any modifications or waiver of any provision in shall not be effective unless made in writing. This Agreement shall be governed and construed in the laws of the State of California. The waiver of any breach of any provision of this not constitute a waiver of any subsequent breach other provisions in this Agreement. If any provision of this Agreement shall not be enforceable, the remainder of this Agreement shall remain in full force. All provisions of this Agreement shall be binding upon both parties and their legal representatives. This Agreement contains the entire understanding between UCS and User with respect to Software Support of the Software Products listed in it, and upon the commencement date, supersedes and replaces any and all prior agreements, negotiations, proposals, or representations regarding warranty or Software Support of the Software Products listed in this Agreement. this Agreement accordance with Agreement shall of the same or 12. SOFTWARE PRODUCTS The Software Products governed by this Agreement are as follows: PRODUCTS NAME COMPUTER MODEL UNICITE MODIFICATIONS: HP 3000 MODEL 48 1. UCS SOFTWARE TO WORK WITH BAR CODES ON PRINTRONIX/300 PRINTER. 2. SEE ATTACHED. 13. COMPUTERS The Software Products listed in this Agreement are licensed for internal use of User or User's affiliates only on one computer of the model indicated, located at User's principal office address, or one and only one alternate computer during the duration of an emergency which renders the primary computer inoperable. Accepted: Accepted: UNIVERSAL COMPUTER SERVICE CITY OF HERMOSA BEACH SIGNATURE SIGNATURE Donald L. Larson TYPED OR PRINTED NAME TYPED OR PRINTED NAME President, UCS TITLE TITLE DATE DATE 1iabie sew:ee December 29, 1986 5250 W. CENTURY BOULEVARD SUITE 608 LOS ANGELES, CALIFORNIA 90045 (213) 417-8583 SOFTWARE LICENSE AGREEMENT UNIVERSAL COMPUTER SERVICE, a California Corporation 5250 West Century Boulevard Los Angeles, CA 90045 (hereinafter referred to as "UCS"), grants to: CITY OF HERMOSA BEACH Civic Center Hermosa Beach CA 90254 (hereinafter referred to as "Customer"), and customer accepts the non-exclusive, non-transferrable license (hereinafter referred to as "License") to use the UCS software products or copies or UCS modifications thereto (hereinafter referred to as "Software Products")', listed in this agreement, commencing with their installation, subject to the following terms and conditions: 1. LICENSE UCS authorizes Customer to use the following Software Products on the computer listed in this agreement: SOFTWARE PRODUCT COMPUTER MODEL UNICITE MODIFICATIONS: 1. UCS SOFTWARE TO WORK WITH BAR CODES ON PRINTRONIX/300 PRINTER. 2. SEE ATTACHED. HP -3000 MODEL 48 This Agreement, the Software Service Agreement, and the Hardware Sales Agreement, including the terms and conditions stated therein, contain the complete understanding of the -parties. This Agreement shall be treated as confidential information by the Customer, and the contents may not be disclosed to any third party (except professional advisors and permitted assigns) without the express written permission of UCS, which shall not be unreasonably withheld. 2. SOFTWARE PRODUCTS DEFINED, INSTALLATION AND IMPLEMENTATION Each Software Product described above consists of COBOL source code, executable modules, data files and their descriptions, operational job streams, and applicable documentation.. Provided with each Software Product, at no charge, are eight (8) hours of training and installation. 3. FEES In consideration of the License provided, Customer agrees to pay UCS fees as follows: PRODUCTS PRICE UNICITE MODIFICATIONS: 1. UCS SOFTWARE TO WORK WITH BAR CODES ON PRINTRONIX/300 PRINTER: 2. SEE ATTACHED. $ 7,500 $ N/C $ 7,000 TOTAL FEE $14,500 Fifty percent (50%) of the total fee shall be paid upon signing of this agreement and UCS shall begin implementation of system upon receipt of first payment. Twenty Five percent (25%) of the total Software Product fee shall be paid when software is transferred to customer's equipment. Twenty Five percent (25%) of total Software Product Fee shall be paid on completion of training at customer's site. For Implementation Schedule, please see attached Addendum. Unless otherwise stated, all fees are payable in US dollars and are exclusive of state and similar taxes. Such present or future taxes, when applicable, shall appear as separate items on invoices unless Customer provides UCS with tax exemption certificates acceptable to taxing authorities. 4. PRODUCT USE The Software Products listed in this Agreement are licensed for internal use of Customer or Customer's affiliates only on one computer of the model indicated located at Customer's principal office address, or one and only one alternate computer during the duration of an emergency which renders the primary computer inoperable. 5. WARRANTY UCS warrants that Software Products function on Customer's equipment accordance with the applicable literature for one (1) year implementation. listed in this Agreement shall listed in this Agreement in UCS documentation and sales following the completion of Customer may submit to UCS a written, detailed report describing any nonconformance in a Software Product listed herein, and re- quest from UCS, also in writing, a correction to the noncon- formance. In the event that UCS is unable to correct any nonconformance, the Customer shall be entitled to a refund of the license fee paid for that Software Product. The License Agreement for the nonconforming Software Product shall terminate. Any demand for refunds must be received in writing by UCS before the end of the warranty period. This section applies only to Software Products that have not been altered in any way by Customer or any other party. UCS' obligation to correct any nonconformance in any Software Product shall not apply if the Software Product is subjected to unauthorized repair or modification, improper application, malfunction or improper use of computer hardware, malfunction of computer software not supplied by UCS, accidental damage, negligence in use, improper storage, acts of God, electrical power damage, or abnormal operating conditions; but this shall not affect any other provisions of this Agreement. In the event that Customer has requested a correction to a nonconformance and the nonconformance was caused by Customer, then UCS may invoice Customer for time and expenses expended in correcting the nonconformance at UCS' then current billing rates. 6. DESIGNATED REPRESENTATIVES UCS shall be required to deal with one primary representative and one secondary representative of the General Services Department and of the Finance Department of Hermosa Beach. Hermosa Beach shall be required to deal with one primary representative and one secondary representative of UCS. Either party may change any designated representatives upon written notice to the other. Customer's designated representatives shall see that Customer provides the following as part of Customer's responsibilities: a. A project leader (if different from the designated representative) to interface between UCS' support staff and Customer's data processing, operations, and user depart- ments. b. Additional data processing and user personnel as reasonably required. c. Customer shall schedule the training of Customer personnel and shall participate in the testing and implementation of the Software Products. 7. PATENTS/TRADEMARKS UCS represents and warrants that it is the owner of the Software Products and has the right to license, franchise, or otherwise grant the use thereof to any person, firm, or corporation for any use or purpose. UCS shall defend at its expense any action brought against Customer to the extent that it is based on a claim that the Software Products provided pursuant to this Agreement infringe upon a copyright of the United States or a United States patent. Subject to the limitations stated herein, UCS shall indentify Customer for those costs and damages finally awarded against Customer in such action which are attributable to such claim, provided, however, that Customer notified UCS in writing within ten (10) days of such claim and of all settlement negotiations. 8. SECOND AND SUBSEQUENT SITES Customer may choose to license a Software Product for more than one site at a time, provided that site is an affiliate of Customer. Customer is entitled to discounts according to the following schedule: Site Amount 2nd 15% 3rd 25% All others 30% Second and third copy licenses do provide documentation, installation labor, and warranty. Prices are discounted from the then current license fees. After the third site discount, there is no documentation, installation labor, or warranty provided. 9. CONFIDENTIALITY Customer acknowledges that the Software Products provided under this Agreement constitute a valuable proprietary property of UCS. Other than disclosing the Software Products to its professional advisors and employees for its own business purposes on a need -to -know basis, Customer agrees not to allow anyone else to make copies of the Software Products except for computer backup or archival purposes. Customer agrees not to disclose or allow to be divulged any data or information concerning the Software Products to any person other than professional advisors or those employed by the Customer and used by them in connection with the direct use of the Software Products. Customer agrees to take appropriate steps in accordance with its confidential information, to protect the confidentiality of the Software Products. 10. NON -RESTRICTED Customer acknowledges that UCS shall be free to sell or license the Software Product to other users, without actual or implied restriction during the term of this Agreement. 11. ASSIGNMENT This Agreement is not assignable by either party, and any attempt by either party to assign this Agreement or any rights, duties, or obligations hereunder shall be void and of no effect. 12. TERMINATION In the event that either party shall at any time default in the payment of any UCS invoice or neglect , fail, or refuse to comply with, or otherwise violate or breach the terms of this Agrement, UCS may at its option terminate this Agreement. Customer acknowledges that upon termination of this Agreement by UCS, none of the fees or charges paid to UCS shall be repaid to Customer. 13. LIMITATION OF DAMAGES/REMEDIES In no event shall UCS be liable to or through Customer for indirect, incidental, special, or consequential damages or for lost profits due to nonconformance of the Software Products. Customer's sole and exclusive remedy for nonconformance of the Software Products shall be return of the Software Products and repayment of fees paid to UCS. • 14. SECTION HEADINGS Section headings appearing in this Agreement are inserted for convenience of reference only and shall not be construed to be interpretations of text. 15. EQUAL OPPORTUNITY EMPLOYER UCS is an equal opportunity employer and fully supports Title 1 of the 1964 Civil Rights Act calling for a viable affirmative action program. 16. MISCELLANEOUS Any modifications or waiver of any provision in this Agreement shall not be effective unless made in writing. This Agreement shall be governed and construed in accordance with the laws of the State of California. The waiver of any breach of any provision of this Agreement shall not constitute a waiver of any subsequent breach of the same or other provisions in this Agreement. If any provision of this Agreement shall not be enforceable, the remainder of this Agreement shall remain in full force. All provisions of this Agreement shall be binding upon both parties and their legal representatives. This Agreement, the Software Service Agreement, and the Hardware Sales Agreement contain the entire understanding between UCS and the Customer with respect to the Software Products listed in this Agreement, and supersede and replace any and all prior agreements, negotiations, proposals, or representations regarding license of the Software Products listed herein. Accepted: Accepted: UNIVERSAL COMPUTER SERVICE CITY OF HERMOSA BEACH BY BY Donald L. Larson TYPED OR PRINTED NAME TYPED OR PRINTED NAME President, UCS TITLE TITLE DATE DATE Itabieuted essoeit Svudee 5250 W. CENTURY BOULEVARD SUITE 608 LOS ANGELES, CALIFORNIA 90045 (213) 417-8583 CITY OF HERMOSA BEACH MODIFICATIONS I. 1. Add ability to use BAR Codes to enter citation numbers and paid amounts through out the UNICITE system. II. 1. A. Revise screen to contain up to three areas for violation codes. B. Add another field for dealer salesman number. 2. Violation Code Update: Allow the ability for short entry of violation codes. See attached screen. 3. Citation Book Entry: Add ability to enter citation numbers and an officer ID code. See attached screen. 4. Convert City of Hermosa Beach's data to run in Unicite. 5. Pay Citation Entry: Allow Department of Finance to enter paid citations. See attached screen. Create a "Paid Citation Report" that lists the citation number, license number, status code, transaction date and amount and has the ability to enter cents amounts. Negative payment amounts will be shown for NSF checks. 6. A. Repeat Offender Report: Ability to print offenders with 20 or more, 9 or more etc... Report sample attached. B. Ability to have on screen by cite number and licence with total dollar due by vehicle and grand total due. See attached screen. 7. A. Out of State tickets = Verticle Management: Create a report to show which cites were paid with subtotal by vehicle and grand total for report. Hermosa Beach will receive a tape from Verticle Management to update the current system on what tickets were paid. A report will be generated. Report ie) Vehicle number Paid Date Cite number Total paid on vehicle Grand total for report B. Ability to interface Verticle Management tape into Unicite. 8. Short Master File Entry: Allow easy input of base information into system. After entry of citation number the program will search the skeleton file and if it indicates a paid status it will display a "Paid" message in the error window and await for entry of a new citation. If not paid, entry will input the information into the attached screen and when verified as Yes in data ok function, it will delete the skeleton record and add it to the regular citemast file. CRT MASK FILE - 'SCREENS' CRT MASK KEY: HDE2 DATE: 12/17/96 • '+ I 121 2 LH,.v,,..1.,..v. .2,,..v, .3., .v, ,4,. .v, ,•5. .v, ,6,,.,v, ..7„ .v,,,,8 LG 01 SCID: $SCID UNICITE T I C K E,T �T R A C K I N g TIME: *TIME 77 02 PROG: HBCTE2 VIOLATION CODE UPDATE DATE: $DATE 77 - 5 03 FUNCTION <ADD/CHG/INQIDEL/END) 55 i 6 04 01 e US CITY CODE : 34 9 06 SHORT VIOLATION CODE: 34 to 11 07 1. ACTUAL VIOLATION CODEC :.' . 34,. A� 12 1,3 (18 2, VIOLATION DESCRIPTION: 34 13 11' 09 3. DEFAULT BAIL AMOUNT,.: 34 1' 15 1L 10 4, DEFAULT PENALTY AMT, 34 Ti" 13 11 .. 01 17 1: 12 01 . i19 s 13 . _ U) -9 16 14 01 !t 17 15 01 2., 16 16 01 LG 19 1 7 01 d3 _0 la 01_r 2, 19 01 _r. 20 1 01 L -_1 21 01 ' I 22 01 3L 45 23 DATA OK <YES/CAN/ITEM *) " 74-- , !ELN ....v...,1.,v.,..2..,.v...,3..,.v..,,4,'...v,.,.5..,.v. .6. ..v.,..7...,v, .9'.'.LG .' ., 15 17 - 31 3 �U 31 41 .... r. ,.. ... aJ—� a� 35' a.. .t au JO 51 40 • 5f S 1 ..! l.t 46 , 61 44 50 SI V. 47 r .. .. .. _. :'�. .. 41 Sl 69 53!. 54 7t r 75 \7 e 7g. --- --- --CRT—MASK-TILE — SCREERS GATE MASK KEY, HBO1 • 0 0 01 SCID 1 02 PROG: .—.03............___ 05 HBO U N I C I T E TICKET TRACKING TIME, $TIME NBCP010 CITATION BOOK ENTRY DATE: $DATE 77 77 . 1 • El ---FLIFICTTIIITADD7CHG/DELYINU7EAUT-7----- — 1. BEGINING C4TATIOFOUMBER...%i:. , • , --34---- — .7— 42 '4 •;.•1 M 06 • 07 OS 2. ENDING CITATION NUMBER..„1. LIT 42 01 1 I 09 10I 11 3.--OFFICER—TDENTiFTUATrOff—CUDE-71 . • . • . ' (OFFICER NAME , ii,„ --.'1.,,,,,.. , . .47 --- .1 01 . .. -1-----T2 14 --- —15 4" ASSIGNMENT DATE 'NJAA'i ! . • 1 42 01 16 . . . . . . . , . • ' ., ; • ••• , . . • ..,.i- • 01 . --1 ks 19 20 , : ul • 01 01 1 23 ,, .. . . . ., . Z. ..DATA OK (?ES/CAN/ITEM 10 : • ": • . . •:-.74 . 3 . • . . . . e . . . . .. . , . . , . . . . • . . . ; . . . , —",!••• ‘ , . . . . • 6 • . , . . . . 1+-1- . • . • ' . . • .. .. . . . • . • • '''i.' ' ' • . . • . .. :.... . L . . • , — . . 6 . . • , .. . . .. . I . . • . ., . • . . . I. ' . • • . . 71 J flT 1Ei '= �'-§CgaRg CRT MASK KEY HBO2 DATE I 1-2/16/86 2 01 SCID1 HBO2 UNICITE TICKET TRACKING TIMET STIME 77 02 PROGI HBCP020 PAY CITATION ENTRY DATE' 'DATE 77 03 ,:;s,. PSI?7ERD> •• 7'�- "47 • 04 ;r, : 01 05 I , CITATION IUMBE�'. +R, . , 1 3 'r 34 3 i6 7 • 0 . 9 10 7 11) 07 08 -- 09 10 •1 1 2, VIOLATION CODE 1....I 3. V1OU TION CODE . 4. :•;VIOLATION 34 01 34 1: 4 12 13 14 --i s 16 17 5, AMOUNT PAID 18 19 20 21 22 23 34 01 6, PAID DATE ... ? 34 BAIL. AMOUNT. . LN 01 34 01 01 01 UI 01 DATA OK,4YES/CAN/ :74 �... �. 3.....::.4....�....5....�1.,.b,.1.v.. .T 1,.�.1.,b AG 7 8 39 41 2r 233 24 36 ni 3tl a a3 44 45 41, .47 49 49 50 61 i2 S3 S4 `•6 0 2 54 61 62 64 O1 66 67 ITP 69 7o ii 6• CRT MASK FILE — 'SCREENS' CRT MASK KEY: HBO4 DATE: 12/17:86 1 _ z ... 3 LN 01 .,..v,...1....v...,2,..,v,...3....v....4,...v.,..5.,..v....6....v....7....v,„,9 SCID: $SCID U.NI C, ITE TICKET TRACKING TIME: $TIME LG 77 • 4 s03 b L 9 9 w il 1 A it. 02 04 05 06 07 PRO GI HBCP040 REPEAR OFFENDER REPORT DATE: FUNCTION (PRT/SCN,1END) 1. THRESHOLD NUMBER.—: '2. SEL A,LL OR SINGLE (A/S) 1 $DATE 77 49 68 . . . . e 3. LIC OR CITE 0 (L/C): :. 4. ENTER NUMBER 1 5. PRINT DEVICE 0 s : ..-'; 6. ENTER CODE IF ALL - . . , 68 80 . . e T. 08 '09 10 11 12 13 REG ST..; VEH MAKE..: YR,.: REG EXP DATE..1 REG OWNER.,1 ADDRESS 1.1 TOTAL BAIL.: ADDRESS 2.: 62 49 49 1 i. i 7 CITY.A— STATE/ZIP.: •.. • CITATION ISSUED VIOLATION •, .AMOUNT NUMBER. DATE TIME VIOLATION LOCATION' „ C 0 D E S. STTH. DUE ., REG , STA.. 49 79 79 • . TS 1. ,t, si m ,s • 2 14 15 16 0 01 01 01 17. 18, 19 , • 01 ' 01 01 % z) L4 n 1,. 20 21 22 . 0) . ..v, , ..8 01 01 01 2. 3 7 1 ... — 3l 23 LN • • DATA OK OES/FUD/NXT/CANIFTEM ....v...,1 ....v.. ,.2....v.., .3, . , ,v, ...4....v....5,...v....6. , . ,v... , 7, , . .. •• 74. LG . . • . • its :9 33 — h. 5 • 3' W - , - - . . . .'.-4. . . . . .. , . . . r,' ..•. ,.: 4 .i. ,.4 st 33 Id o . a A . . .. .• • . . ' . . . . . 4 S !. 10 1 1 — I! • s . ', • . , , • . I 1:1 ID W ;1 I 6 [.. 6 - 6 1 • , . , . • . S2 Sa 31. d . , .. . 6' il 7: • /. ii ,i ID 11 14 11 1, 11 11 23 33 31 44 31 33 11 11 11 41 33 LICENSE NUMBER - CITY OF HERMOSA BEACH CITATION STATUS REPORT AS OF - 10/24/86 A2BCF957 REG ST CA VEH MK JEEP -REGISTERED OWNER ------.ONDRASEK PAT • CITATION ISSU --NUMBER •--DATE--- 535754 03/31/86 )16122 EAGLE LN —SANTA ANA ED TIME VIOLATION LOCATION 2055 100 LONGFELLOW 542414 04/29/86 549430-05/17/86 465487 06/09/86 PAGE NO. - 1 YR REO EXP DT 86/07/31 92649 VIOLATION • AMOUNT REG. C 0 D -E -8 EITAT-c2.--DUE--STA.-- - 2 0. 0 HO 1146. 00 • CA 1301 • 431 LIINGFELLOW 1 0 0 HO *46.00 CA 0950-3200 - BLK- HF-RMOBA • AVENUE' a-77HO 1146:- 007-- CA:- • -7 0912 400 BLK LONGFELLOW ,,- 1 0 0 PIO 1146. 00 CA. 563276 06/17/86 1045 405 31ST 11 0 0 HO *41.00 CA —5671553 '07/06/66-1004-133 LONGFELLOW . 0 1146. 00 - -cA 568096 07/04/86 1544 133 LONGFELLOW 2 0 0 HO 1146. 00 CA . 577501 07/22/86 2126 3100BK HERMOSA --5819191-08/11/86- 70900-3000BK -INGLESIDE- -- 586002 08/23/86 100 BLK 32ND STREET 578373 08/24/86 0949 -.590464- 09/02 /196 -1 628-- 590143 09/04/86 1345 41 11 34 13 13 2 0 0 HO , $46.00 CA 07- -0-77 PIEV777$20. 0077 -CA •• 2 0 0 • N8 ' 11213. 00 CA 3100 BK. HERMOSA -100 BLK-LONGFELLOW 100 BLK LONGFELLOW 595708 09/17/86 1751 ---59558509/20/86- 1051- 596625 09/21/86 1313 597436 09/28/86 1115 --596764 09/29/86--0912 2 0 0 ' PIS t 428. 00 CA • 2 0--077-1413 2 0 0 148 .. 00 CA ••• 824 HERMOSA AVENUE -115 LONGFELLOW ----• 100 BLK LONGFELLOW 2 0 0 PIS $28.00 CA • - ---2 0---0- 018 —$28. 00— CA •,* 2 0 0 NG • 1129. 00 . CA 100 BLK LONGFELLOW -100 BK LONGFELLOW 2 0 0 IB *18.00 CA -1- 0---0---IS $18. 00 -r CA - TOTAL- FOR -LICENSE NUHBER-A2BeFif57---$ 623700. CRT MASK FILE - 'SCREENS' CRT MI$I< KEY H803 DATE1 12/17/86 • 2 LN . . 1 .V.1.11....V. 0.4 024 11.4V.... .34 .10)011.44 4 ..V11.4 05....V. I I ,6, ,..V 7 v , s 48 LG 3 01 SCID1 H803 . UNICITE TICKET TRACKINGTIME; STINE 77 4 02 FROG' HBCP030 ' SHORT MASTER FILE'ENTRY DATE! $DATE 77 - 6 03 FUNCTION (ADD/CHG/DEL/END> 49 7 i- 04 '01 . 8 . L05 ' CITATIONNUMBER1 ..,-:,:-. , , .... . . _ . 24 - 9 8 06 '.•::- • .. • • . • '' . • — • 0? 1. VIOLATION DATE 1 it:', ..S. i...• -.. ', • ..: 10 08 2. TIME 1 24 • 14 _ " 09 3. VEHICLE MAKE t 24 is 12 10 4, TYPE 1 24 16 " 11 5, VIOLATION ONE 1 • • ..... . .•• . , , . ... . 7 _ - " 12 6. . TWO 1 . . •. . . :•t ' . , ..,.... 24 - •,•:: ; " • 9 lb —13 7 THREE 1 . . . . v• . ... a . . ....: , . s , . (., 14 B. REG EXPIRE DATE1? 24 , 15 9, VEHICLE COLORst 1 • 24 t 8 16 10. LICENSE C! 24 i4 •••••,—..--. _ 'L. 17 11. STATE 1 . '. _ . •,. _ - 13 12. LOCATION OF VIO.,1 , ':- -...: •., .- . 24 2' IS 13t PROOF OF CORRECT..1,0 . .. . . • :* . Y ' 24-:: d : 20 01 21 01 1 22 • ! 01 • . .1, 6 23 .. - -. ' DATA OK <YESe'CAH'ITEM #) .. - ...,, 74 — . 8 LN ,..,v.., ,1.6..v... 1241110001;43.11.0141.4 0.41P a ry.;•.95414,14V.. I .6. . . IV. ....1.61.001.,..4:40 -LG.. .. .... . . ,. . . o7 20 1 37 29 ,. a ...- . _ , --, " • 3. , •. . 42 • . .• • . 34 46 •• 6 • 4r1 • • . • , • • •,- . , , 4. , . • . , . • . ... • , ... . • . . . . ,, . • . • . , . . . . • 1 •-, . • l'.' 69 • • . . 50 61 8' 63 .._ .. 64 . - . .. a • . . ' • • 66 613 • .... , . . lab - 7-6 il - • , . . • ' • . a ... . , • . . 7, ADDENDUM CITY OF HERMOSA BEACH IMPLEMENTATION SCHEDULE Signing of Contracts: DATE: After signing of the Service and Software contracts the following SOFTWARE SCHEDULE will go into effect: Complete software modifications as listed in contracts: 104.1 HOURS I. 1. Add ability to use BAR Codes to enter citation numbers and paid amounts through- out the Unicite system: 8.0 HOURS II. 1. Revise screen to contain up to 3 areas for Violation Codes and Dealer Salesman Number: - 4.5 HOURS 2. Violation Code Update: 3. Citation Book Entry: 5. Pay Citation Entry: 6. Repeat Offender Screens and Report: 7. Vertical Management Interface and Report: 8. Short Master File Entry: 4.0 HOURS 7.5 HOURS 9.6 HOURS 22.5 HOURS 20.0 HOURS 12.5 HOURS 4. Conversion of Hermosa Beach data to the Unicite system: 15.5 HOURS III. Complete training: 8.0 HOURS Please Note: Software modifications will begin on the following Monday after the contracts are signed. UCS will begin instalation of modified software 6.5 weeks after contracts are signed. The 8 HOURS of software training will be done either in one day or 2 4 HOUR days which ever is convenient for Hermosa Beach. et.teftecter Se 5250 W. CENTURY BOULEVARD SUITE 608 LOS ANGELES, CALIFORNIA 90045 (213) 417-8583 PARTIAL CLIENT REFERENCE LIST Cosworth Engineering 23205 Early Ave. Torrance, CA 60505 (213) 534-1390 Penny Storch Hedrick Concrete 830 Roth St. Box 1087 Sikeston, MO 63801 (314) 471-3378 Tom Hedrick Career Employment 1975 Hempstead Turnpike East Meadow, NY 11554 (516) 794-9700 Arnold Rind Cannon Films, Inc. 640 San Vicente Boulevard Los Angeles, CA 90048 (213) 658-2118 Trevor Pickering Translabor Leasing 4739 Durfee Ave. Pico Rivera, CA 90660 (213) 699-0464 Linda Urban Transworld Services, Inc. 6151 W. Century B1. 12th Floor Los Angeles, CA 90045 (213) 645-7820 Benny Van Rijn Specialty Uniform 4112 South Main Street Los Angeles, CA 9005.8 (213) 232-4321 Lou Fields Americal Business 15317 Rayen Street Sepulveda, CA 91343 (818) 893-3569 Lynn Cambell Pearman & Son, Inc. 14105 S. Normandie Ave. Gardena, CA 90249 (213) 329-8141 Flo Rocha Galaxy Housewares 5310 Derry Avenue Agoura Hills, CA 91310 (818) 991-1894 Carolyn Brown Yolo County 625 Court Street; Room B-01 Woodland, CA 95695 (916) 666-8174 Tom Weaver City of Ojai 401 S. Ventura Street Ojai, CA 93023 (805) 646-5581 Jean Garcia City of Moorepark 799 Moorepark Ave. Moorepark, CA 93021 (805) 654-2222 Jody Rasey City of Thousand Oaks 401 W. Hillcrest Drive Thousand Oaks, CA 91360 (805) 497-8611 Diane Dyatt Honorable Mayor and Members of the Hermosa Beach City Council March 17,1987 4-D RECOMMENDATION City Council Meeting of March 24, 1987 GOULD TERRACE HOMEOWNERS PETITION It is recommended that this petition be referred to the Public Wor :4 ector to: Analyze the possibility/practicality of requiring the developer to extend the drain to Gould; Meet with the petitioners A recent development on Tennyson has required a drainage easement to the next lower street, Gould Terrace. The necessary easement was obtained and a pipe installed. During the construction process two problems occurred: dirt and debris were washed down onto Gould Terrace properties during rains and some paint/solvent debris was discarded via the newly installed drain. Both of these problems have been addressed with the owner/developer, Mr. Skinner (see attached Background Materials). ANALYSIS Gould Terrace Street has no curbs/gutters and generally drains to the middle of the street. Therefore all runoff, from Gould Ter- race homes and from Mr. Skinner's drain easement, flow onto Gould "Terrace Street. Assuming no future misuse of the Skinner drain, the use of the drain should be limited to rain waters. With the granting of a further easement it would be possible for Mr, Skinner's runoff to drain onto Gould. This would be more than is code required (i.e. draining to the closest public street) but might be a desired effect from the standpoint of the Gould Terrace neighbors. It is therefore suggested that the Public Works Director examine the situation, meet with the parties and seek an amiable resolution. Gre:ory T. eyer Ci Manager Attachment cc Gould Terrace Homeowners Mr. Bert Skinner, 2805 Tennyson Director of Public Works Antich Building & Safety Director Grove March 9, 1987 PETITION TO HERMOSA BEACH CITY COUNCIL BY GOULD TERRACE HOMEOWNERS We the undersigned Gould Terrace homeowners hereby petition the City of Hermosa Beach in certain matters related to water and sand runoff as enumerated below: Whereas the City of Hermosa Beach was deeded an 18' roadway on November 26, 1940 (recorded in Book 17977 page 277, Los Angeles County Recorder) by Elizabeth and J. B. Vogelsang into and over certain portions of lots 1 to 11 inclusive of Tract 12554, also known as Gould Terrace, And whereas said deed was granted for the purpose of maintaining, preserving, protecting and improving its street system, And whereas said Gould Terrace homeowners hereby plead that water and sand drainage onto Gould Terrace from adjoin- ing lots to the north is causing an erosion of Gould Terrace and dangerous sand build up on Gould Terrace, And whereas said Gould Terrace homeowners believe that said water and sand condition contribute to and constitute a safety hazard to all persons who use the street, And whereas Gould Terrace never experienced the problems with said water and sand until the City of Hermosa Beach granted a permit to Bert Skinner in October of 1986 whose property is at 2805 Tennyson Place to install a drain line onto Gould Terrace, We therefore request the Hermosa Beach City Couuncil to consider corrective action as follows: 1. Cause homeowners from adjoining lots to the north who dump sand and other debris onto Gould Terrace to construct catch basins sufficient in size and design to prevent sand, chemicals, toxics and other garden debris from entering flood drain lines which currently flow onto or across Gould Terrace. 2. Allow drain lines which now empty onto the surface of Gould Terrace to be buried beneath Gould Terrace and empty onto the Gould Avenue greenbelt right of way where water can be absorbed into the ground, or onto the Gould Avenue gutter. agemet 78lcfy, 3. Cause the cost of corrective action to be borne by the propery owners from adjoining lots to the north whose property runoff is drained onto Gould Terrace or by the City of Hermosa Beach at its option. The following Gould Terrace homeowners respectfully request favorable action on this petition to the Hermosa Beach City Council. Name: Address: Name: /i-` ��.''` % ��_.._�;:• ✓� Date Date .9• Address: Name: <L/Y-�C % )z' _--?"-. Date Address: (.c) 1 C-'-, ,fl=�'--:=mac'_ Name: Address: Name: /i'-4. 7( 6,&!.) , Zii( 7 Date _> _C' Date ' /E /- Address: cf'/ C:7C7. •C-1) /1441-7-i.I.:;�"r ,•c_�t Name: Date Address: 1,4`'r. l.'/l' 72:5{X-1/HL: Name: Date Address: QT1 OF b8MOM )3QKZbJ CIVIC CENTER HERMOSA BEACH CALIFORNIA 9 0 2 5 4 CITY HALL :( 2 1 3) 3 7 6. 6 9 8 4 POLICE AND FIRE DEPARTMENTS: 3 7 6- 7 9 8 1 February 23, 1987 Mr. & Mrs. Bert Skinner 2805 Tennyson Place Hermosa Beach, CA 90254 Re: Easement and drainage to 625 Gould Terrace Dear Mr. & Mrs. Skinner: _Thank you for your cooperation regarding the drainage problem through the easement at 625 Gould Terrace. Through the "experiment" last February 5, 1987 it appears that the drain is clear of the debris which apparently was the cause for this investigation. The City will attempt to monitor this situation carefully and hopefully without further incidents. Please contact my office if you have any questions. Sincerely, F. Paul Building al fficial cc: M/M Frank Richardson 625 Gould Ave. M/M Edward McDougal 605 Gould Ave. January 27, 1987 Mr. William Grove City of Hermosa Beach Building Department Hermosa Beacn, CA 90254 Dear Mr. Grove: 629 Gould Terrace Hermosa beach, C% 90254 Paufd„,x,e/A z�s�87 We are residents of 629 Gould Terrace in Hermosa Beach. Mr. Bert Skinner (who lives at 2805 Tennyson Place in Hermosa Beach) has been continuously contamina- ting Gould Terrace from a waste water drain he installed in November of 1986. llease refer to the enclosed letter and drawing which were delivered to Gary Wheaton of your Public Works Department yesterday. - The purpose of this letter is to find out what can be done to stop the improper use by siert Skinner of this drain for any other purpose other than rain water overflow. He is not using the water drain for its intended purpose - which was for rain water only, but rather as a sewer. It appears that possi6Ty Bis sprinklers, gardening, pool drainage, service area drains, etc., are all connected to this water drain. A second matter we would like to bring to your attention is that Bert Skinner's rear wall which touches our property has a crack in it. Was this wall adequately inspected before the permit was granted? Will you please give this matter your immediate attention. Possibly you can discuss this situation with Gary Wheaton as he is following up on this matter from the Public Works point of view and is currently trying to it in touch with bert skinner. We appreciate anything you can do to help us. Our phone numbers to be contacted are: Home - 374-2848; Work - Marie 553-O510; Ken 568-6037. Sincerely, /' 1 / Marie Hertossi KENNETH C. BERTOSSI C«tiliai ,.Glee d%:eouwlane 629 Gould Terrace Hermosa Beach, CA 90254 January 26, 1987 City of Hermosa Beach Hermosa Beach, California 90254 Gentlemen: We are residents of 629 Gould Terrace in Hermosa Beach. Mr. Bert Skinner (who lives at 2805 Tennyson Place in Hermosa Beachj has been continuously contamina- ting Gould Terrace from a waste water drain he installed in November of 1986. See drawing enclosed. Is there any ordinance which would prevent Mr. Skinner from continuing to do the following onto Gould Terrace: 1. Dumping cleaning solvents from clean-up of paint brushes and pails. 2. Dumping cement and plaster contaminated water onto Gould Terrace.. 3. Draining pool water and chemicals onto street. 4. Washing sand and dirt onto street. The residents of Gould Terrace wish to know if there is any Hermosa Beach ordinance being violated by the above actions of Bert Skinner. He is not using the water drain for its intended purpose - which was for rain water only but rather as a sewer. It appears that all of his drains through- out his whole property are connected to this water drain. Will you please give this matter your immediate attention as we want to stop further contamination onto Gould Terrace as quickly as possible. Our phone numbers to be ayntacted are: Home - 374-2848 Work - Marie 553-0310; Ken 568-6037. Sincerely, Marie Bertossi KENNETH �'c. BERTOSSI�// CLL&/,ILQ ^ 'lie c4:. oWaIa,it 11 Mr. and Mrs. Kenneth C. BeAossi 629 Gould Terrace Hermosa Beach, CA 90254 31 y - V-18 55 3-•031a• (MAR t 5') 5( - (O 3 CkEil) L) CS =1191114ti 31sEI f/ALLF Y Aa0Mo2.E 4 21-11 HERMOSA BEACH CITY CODE § 21-11 however, the oil wells now constructed or under construction or in actual operation in the city. (a) There shall also be excepted from the prohibition of this section 21-10, wells drilled from a site not to exceed one (1) acre in size at the present city maintenance yard, which yard is located at the corner of Valley Drive and 6th Street. The drilling of wells bottomed in the tidelands may produce revenue the use of which is limited by the state. General fund revenue for which tidelands revenue is substituted shall be used first to reduce any bonded indebtedness re- sulting from the enactment of Community Facilities Dis- trict No. 1, which district would acquire the South School site, the Seaview Parkette, and the railroad right-of-way; and, second, when the bonded indebtedness is paid, the acquisition, maintenance and improvement of available excess school or other properties for open space and parkland purposes. (b) There shall also be excepted from the prohibition of this section 21-10, wells drilled from a site not to exceed one (1) acre in size to be located along the north boundary of the playground area of the former South School site, which playground area is adjacent to Valley Drive. No wells drilled from this site may be bottomed within the tidelands. The revenue derived by the school district from this site shall be used only for educational purposes. (Ord. No. 506, § 1; Ord. No. 84-758, § 1, 11-6-84; Ord. No. 84-759, § 1, 11-6-84) Sec. 21-11. Same—Spilling oil products, salt, etc., on certain pavements. ' It shall be unlawful for any person to spill, pour, drop or place, or to permit the spilling, pouring, dropping or placing upon any asphalt or bituminous pavement laid upon any public street, court, alley or place within the city, and oil, petroleum, kerosene, benzine or other similar oil, or oily sub- stance, or liquid, or any salt, rock salt, common salt, salt brine, acid,liemical, broken glass, or _any injurious or de- structive material which might damage such pavement. Ord. No. 123,111-0rd. No. 466, § 1) — Supp. No. 6-85 292 MEMO From MARIE BERTOSSI A/LLO S sr) All correspondence with the City of Hermosa Beach, Ordinance of Hermosa Beach Letter from City of Hermosa Beach P.S. City of Hermosa Beach is putting in a drain to correct the problem on the property of Mr. and Mrs. Agajanian who live on Tennyson. The drain will empty onto Gould Avenue. .i. March 16, 1987 Honorable Mayor and Members City Council Meeting of the Hermosa Beach City Council of March 24, 1987 STRAND SAFETY ADVISORY COMMITTEE RECCVMENDATIONS REGARDING STR JND BICYCLE SAP= RECCKKE 1 TION: After taking public input, The following recannendations are made for consideration by the City Council: 1 1. Direct staff to return at the April. 14th City Council meeting with an Ordinance that amends Ordinance No. 86-862 to include the following; a. Require bicycles to be walked from 10th street to 15th street when the lights are flashing and the walk zone is in effect. b. Require skateboards to be dismounted from 10th street to 15th street when the lights are flashing and the walk zone is in effect. 2. Direct staff to return at the April 14th City Council meeting with an Ordinance that amends section 5-24.5e of the Municipal Code as follows: a. Establishes a ten (10) mile per hour speed restriction for all wheeled vehicles or devices permitted on the Strand; said speed limit to apply along the entire length of the Strand and to be in effect at all times. 3,,;� ��, 3. U b 3. Appropriate an amount not to exceed $7,100. from prospective expenditures fund for design, purchase, construction and installation of the lights, remote switch, signs, camera, striping, stenciling and other miscellaneous materials required to complete the recommended program. 4. Approve in concept the utilization of a renote controlled camera mounted on the Life G`uar3 station and linked to the Police Depart via microwave; and authorize staff to seek donations to assist in funding. We suggest mounting a remote controlled camera on top of the Lifeguard station and linking it to the Police department so on duty personnel can monitor the Strand between 10th and 15th streets. When the on duty personnel see that the area is becoming too conjested, they would notify the duty supervisor who would make the determination to switch on the lights and notify the on duty officers so enforcement action could be taken. This would allow full time monitoring of the Strand area without the need for additional staff. The cost of this recommendation is $22,420. and the cost estimate is attached. BACKGROUND: At their regular meeting of October 14, 1986, City Council voted to appoint a Strand Safety Advisory Committee to study the entire Strand safety problem and to make recommendations regarding solutions and alternatives. City Ordinance No. 86-862 was also adopted and is scheduled to became effective on May 1, 1987. 1° ANALYSIS: After studying the total Strand problem, the Strand Safety Advisory Committee settled on three recommendations to be made to City Council. 1. Establish a 10 mile per hour speed limit along the entire length of the Strand and post signs to that effect along the entire length. 2. Erect flashing lights on the Strand at 10th and 15th streets. Rewire bicycles to be walked from 10th street to 15th street when the lights are flashing. 3. Ban the use of skateboards on the Strand between 10th and 15th - streets when the lights are flashing. These recarmendations developed over the course of several meetings and lengthy discussion frau members of the committee and interested citizens. There were many ideas and suggestions considered by the committee and it was unanimously agreed that the best long term solution was to make recommendations that are self regulating. It was felt that this could best be accomplished by approaching the problem through the three "E's", Engineering, Education and Enforcanent. The camnittee felt that large, easy to read signs along the entire length of the Strand would help by informing all who use the Strand of the regulations. We would also conduct area wide publicity:_by placing articles in the local newspapers as well as sending flyers to all of the bike shops and cycling clubs in the area. The flashing lights were seen as a solution which would help draw more attention to the walk bike regulation during heavily conjested times. This was seen as being less restrictive and more enforceable. On days when there were not large crowds, the lights would not be on and the regulation would not have to be enforced. When the lights were turned on, we could utilize selective enforcement techniques which would not rewire full time staffing on the Strand and should have satisfactory results. The lights would be controlled from the Police Department by a remote switch similar to the one for the fog horn on the pier. The lights would be turned on by Police personnel when there were large crowds and turned off when the crowds diminished. Police supervisors on duty would be responsible for making the determination in accordance with established guidelines. and polices. During the initial period of use, we would have several officers in the area to issue warnings in an attempt to educate the users of the Strand to the new rules. A period of citation writing would follow in order to gain canpliance and then, as with any traffic situation, we would schedule selective enforcement in the area when the lights were on. We feel that these suggestions and recommendations will simplify the enforcement issues and will be adequate to provide a safe, multi -use recreation area for all concerned. ti It should be noted that the Strand Safety Advisory Committee suggested trying these recarrnendations for a summer. It is requested that City Council give direction regarding the desire for a "sunset clause" in the proposed Ordinances. Vicki Copeland, Finance Administrator Attachments: tted, Steve S. Wisniewski Director of Public Safety Cost Estimate Letter frau Scott Eaton Letter from Robert Young Pelton Final recommendations frau Strand Safety Advisory Committee Copy of Ordinance 86-862 Copy of Section 5-24.5e cc: Assistant City Manager Public Works Director Chamber of Commerce Downtown Merchants Association COST ESTIMATE Prepared by the Public Works Department, March 16, 1987 Project: Strand Safety Item Measure Quanitity Unit Cost Total Flashing Lights each 2 $1,000 $2,000 Speed Limit Signs eacb 50 50 2,500 Striping & Stenciling L.S. 100% 400 400 Total $4,900 Design @ +/- 20% $1,000 Construction & Installation 4,900 Administration & Inspection @ +/- 10% 500 $6,400 10% Contingency 640 Total $7,040 For budgeting purposes SAY $7,100 Potential Funding Sources: Prospective Expenditures 1 COST ESTIMATE Prepared by the Police Department, March 17, 1987 Project: Strand Safety Item Quantity Unit Cost Total Law Light Camera 1 $4,455.70 $4,455.70 Sun Visor 1 110.94 110.94 Sunshield 1 110.94 110.94 16-160mn 10X Zoan Lens 1 3,237.22 3,237.22 Heavy Duty Pan -Tilt 1. 1,670.98 1,670.98 Digital Decoder(pierhead) 1 1,847.28 1,847.28 Digital Decoder(department) 1 1,858.46 1,858.46 12" Monitor 1 210.70 210.70 Microwave Video Link 1 8,917.78 8,917.78 Total Pierhead CCTV Equipment $22,420.00 Potential Funding Sources: Budgeted Itan and Donations 2/12/07 FROM: Scott Eoton Po Box 3414 Redondo Beach, CA 90277 (213) 376-5567 TO: Hermoss Be6ch City Mayor and Council Members Hermon Beach, CA RE: Unsafe Hermoss Beach Strand Deer Mayor and Council members; The Hermosa Beach Strand hes become very dangerous to all users for two distinct reasons: 1. High speed cyclists: 2. Surface holes and burnt out lights. The Hermon Beach Strand is one of the city's most unique assets. It is an exciting parade of feces and activities reveling in 6 year round Summer hoiidsy fever. Unforntuantely, the cernivsi ambience of the Strand stifles the normal wariness that most users would instely hove on a roadway; preoccupied in our relaxation, we are not alert. We assume that the pedestrian nature of the Strand makes it safe from threat. Children dort back and forth across the Strand in play, adults turn spontaneously to traces yell, skate boarders concentrate on their moves, cyclist meander and skaters mix style with sightseeing. Normally this activity occurrs ata controlled speed which allows most to avoid serious accident. Nevertheless, high speed cyclists and surface holes constitute a high and immediate danger. The Strand must be protected for the safe recreation of all; all must be protected from those who would make the Strand unsafe. It will be e bitter irony to the injured that our roads are well monitored and protected, but the Strand is devoid of even the semblance of such protection. An accident checterized by such willful end knowing endangerment of e crowd of people will easily be classified es gross negligence, unlike most accidents ceused by en innocent, momentary lapse of concentration; an inadvertent spontaneous movement into harm's way. Please note: I am not referring to those exercising or cruising cyclists who have the time and the equipment ability to stop in a tight situation; to avoid the imminent accident. Nor em I concerned about low usege times eg: weekdays and early mornings. POSSIBLE SOLUTIONS: 1. Warning signs against high speed cycling; speed signs. 2. Un -uniformed police with megaphones giving warnings ; additional police officers ,using their two-way radios, further down the Strand who stop and cite. continuing offenders. NOTE lt1.: Police sometimes cruise the Strand in patrol cars , but their patrol cars ere so recognizable and out -of -place on the Strand that their very presence warns offenders to slow down well before they encounter the patrol vehicle and its officer. SURFACE HOLES: The Hermosa Beach Strand is riddled with holes easily capable of catching 8 bicyclist's wheel or skater's wheel and causing a nasty spill. I counted 275 such holes. These holes do not include the sunken, damaged cable TV surface boxes, nor the narrow cement sections -now sunken or broken up- initially used to run the cable from the TV box to the contiguous property, nor the long cracks or the different heights between the concrete slabs. Manhattan Beach's repair of similar holes and cracks on its Strand would suggest to 8 jury that Hermosa Beach's burden of discovering and repairing was neither expensive nor onerous. Several overhead Strand lights have been burned out for at least two months. Obviously, this aggravates the above. The appropriate liabilities and Possible Solutions apply. Council persons, more then most, are aware of the potentially devastating financial damage a personal liability lawsuit and judgement can have on a smell city; millions for legal fees and the award; fees neccessarily paid by all citizens directly or indirectly. The jury's determination of negligence too often seems specious; to often it seems to impose en unreasonable duty to protect. Vet,this negligence determination is easily justified when the cause of injury is clear , when the City hod Notice of the donger and failed to correct; when the cost or burden of correction was minimal compared to the damage. The purpose of this letter is to: 1. Make you aware of potential injury causingfiiability conditions 2. Caution you to be more observant and solicitous of injury potential conditions. 3. To suggest you act immediately. 4. To protect myself end other Strand users. HIGH SPEED CYCLISTS: -- Last Saturday afternoon three cyclist in a pack drove thru the Hermosa Beach Strand crowd at speeds easily in excess of the 25MPH allowed on adjacent Hermosa Avenue. Silently, like an assassin's silenced bullets, they streaked thru gaps in the crowd ; where there were no gaps , the lead rider shouted commands to we the crowd -- " coming thru-open up "stay right" , "don't move" , "move left". - Arrogantly they demanded total , immediate, high speed access to the Strand. They could riot have stopped in a close immediate situation, had they even cared to. It was es though we The Crowd had stupidly wandered into the path of their legitimate bicycle race; their imagined race conjured perhaps to achieve the unfullfilled fantasies of their youth's atheletic failures; a macho display of disregard for the horrible damage a 180° man traveling in excess of 25 Mph could inflict on a human, particularly a small one. The arrogance of these potential killers was matched only by the raw stupidity of their reckless assault. POSSIBLE SOLUTIONS: 1. Discover and repair existing holes and cracks immediately. 2. Have City Maintenance establish a specific inspection schedule for discovery of future needed repairs. CONCLUSION: It is my hope that you the Council Members will immediately cause these dangers to be reduced or eliminated for the safety of Strand users end for the protection of the city Thank .you!. 6 Cott Eoirbn 1Ce f-1 4°I aleC ( 510 e? SuPPor6d.jc)(nc lA. S.e-Q ar 4-e- t % rn'l Jt.cw S c) O oor i�tt.t rikr .1 COW 0-111) JCk.VV4 t!5 L. E-t'IL0C.S C4-50 14e.rw►us D Gl.r.{ SUY(bvifJ,.7 N'l a y Vel /5 t KOV YP -&2375/.1 4 Inc sJ4 L -t - e-z--ra Gc rl "f .Zj (lr V\ (t-413 1_4„M4 br. etSlj 3' %f H&-"44 4'61401/ coil- fotf� March 15, 1967 City Of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 To whom it should concern, It I own a business at 36 14th Street and a home et 945 6th Place . i have a wife and two 3 year old children I am also a seasoned cyclist and enjoy the sport whenever I can, My family spends quite a bit of time at the beach which can only be reached by crossing the Strand. We no longer waik on the Strand for pleasure due to the simple fact that we run the risk of being injured or killed by speeding cyclists. A fear that has become a painful reality to less cautious beech goers. We have no protection from this danger. My children can't even cross the Strand because there is no point at which cyclists ere required to stop. In the 5 years I have been in this area I have seen dozens of accidents and near accidents . Manhattan Beach has solved the problem simply and creatively resulting in attractive green spaces and co -existence of pedestrians end wheeled traffic. There still are problems at their pier and at certain crossings but overall common sense prevails. In Hermosa Beach these same cyclists end pedestrians are a lethal and ridiculous combination. The solution is very , very simple. I have never seen a jogger kill a cyclist, even if he had a lot of gold chains. Today's cyclists run the range of kids on trikes to the worst example: The Yuppie Cyclist. We have all seen the typical culprit :35 years old , heed down,festooned with logos, aerodynamic glasses and hundreds of dollars of finely tuned steel and aluminum. He is the picture of health and vitality until... Until he slams into a small child at 30 miles and hour , e child who doesn't think disregarding "On your left r means impending violence and pain. An exageration ? I think not. A reality courtesy of the hand wringing and indecision of Hermosa City Council. I have never, I repeat never met one person who approves of the current use of the Strand by bikes and pedestrians. They don't have the answer either but don't you think we should keep the body count down while we are making up our minds? Allowing cyclists to charge through crowded sidewalks is as stupid es letting children walk in the street. These people must conduct their life threatening end self centered sport on the streets where they are subject to traffic laws. Unfortunately all cyclists, including myself, must suffer for the sins of these few. Please put bikes beck on the road and let people enjoy our Strand for what it should be. A safe, attractive sidewalk designed to let us get to end walk along the beech. Enforcement should be absolute end not of the "let's pretend "variety . Flashing lights, MPH signs, pleas to walk bikes, barricades ensure scofflaws. I saw just how many people obeyed a premature attempt at enforcement by posting signs ouside my office near 15 street. Not one person ever got off their bike or even slowed down. I would like to suggest 4 rather simple, cost effective solutions for enforcement. 1. Post signs end colorful symbols that identify Hermosa Beach's Strand as a haven for pedestrians, children, and other ambulatory creatures. 2. Create penalties that result in the fining of the operator end the impounding of the offensive weapon ...the bike. (Rate of speed seems to be in direct proportion to the value of the bike.) 3. When the Hermosa Police are all et the donut shop, grates or "Cattle Traps" that have gaps of 1" would deter cyclists. (They also allow cleaning by streetsweeper.) Giving people a ruling is the support they need to protect their children end themselves by telling people to ride elsewhere. This would be one law that has total support among residents. 4. When asked to explain why all cycle paths are on existing road admit that Hermosa can't afford a bike path or lawsuits . Who knows? Maybe people might even enjoy the results of this new austerity. In closing Hermosa already has many streets and alleys ideal for leisurely cycling. Conversely we have a handful of walk streets and only one Strand. Make the Strand a safe and enjoyable for people to enjoy the Pacific Ocean. Before a lawsuit does. Sincerely Robert Young Pelton 945 8th Place Hermosa Beech, CA Final Recommendation to Council Strand Safety Advisory Comm. SSAC 1. Post and Enforce 10 mile per hr signs Signs should be large enough to be easily seen and should include fine amou?trfor citation. If presently there are standard regional speed limit signs - ours should be same. 2. Walk bikes from 10th or llth to 15th in the summer and on heavy use weekends or holidays. This to be accomplished by signage and FLASHING LIGHTS and barricades which would require bicyclists to dismount and walk (A bike rider may circumvent the Strand between 10th and 15th on streets if not wanting to walk.) 3. The majority favor banning skateboards also at the same times bikes -are: walked. 4. Although a small majority favor a separate bike path by enlarging the Strand to accomortate traffic we would like to try a summer with the walk bikes" ordinance and enforce- 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. 86-862 AN ORDINANCE OF THE CITY OF HERMOSA BEACH,CALIFOR- NIA, AMENDING SECTION 5-24.5 OF THE MUNICIPAL CODE, BY ADDING THERETO A PROVISION RESTRICTING BICYCLE RIDING BETWEEN 10TH STREET AND 15TH STREETS ON THE THE STRAND. 7 7417H • P. a 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 CITY 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 Bicyle Walk Zone," to read as follows: "(ee) Designated Bicycle Walk Zones. The City Council by a majority vote, may designate certain areas of the Strand walkway as hazardous for bicycling, based on appropriate studies and/or staff recommendations, and may designate those areas as bicycle walk zones by amendment to this ordinance and ordering //////////// 1 2 3 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 2 27 28 the placement of appropriate signs, barricades, markings, delineations or devices signifying "Bike walk zone ahead" at least fifty (50) feet prior to the designated zone; and the placement of "walk bike from here" or "walk bike beyond this 1• oint" at the beginning of the designated bicycle walk zone. The end of the zone shall be designated by signs indicating "resume iding beyond this point" or "resume bike riding." It shall be unlawful to ride a bicycle in the following esignated bicycle walk zone: 1. The Strand walkway between 10th Street and 15th Street. SECTION 2. That this ordinance shall take effect ay 1, 1987. SECTION 3. That prior to the expiration of fifteen days fter the date of its adoption, the City Clerk shall cause this rdinance to be published in the Easy Reader, a newspaper of eneral circulation, published and circulated in the City of fermosa Beach. PASSED, APPROVED AND ADOPTED THIS 28 th day of October, _-;4-.L,• < /i.�✓_ PRESIDENT ofJthe City Council, and MAYOR of the City of Hermosa Beach CITY CLERK CITY ATTORNEY meq► i'.^..::-'-v'-f%_� 5 5-24.5 HERMOSA BEACH Cry CODE & 5-24.5 (1) roller skates; - (2) skateboards; (3) pedal -powered, nonmotorized bicycles or tricycles with a width of not more than thirty-six (36) inches used for recreational purposes; (4) conveyances for persons unable to walk, (b) Required to yield right-of-way to pedestrians. Under all circumstances, the rider or operator of a wheeled vehicle or device, including bicycles, skateboards and roller skates, on the Strand walkway shall yield the right-of-way to pedestrians, and due and proper care shall at all times be exercised by the rider or operator for the pedestrians. (c) Group riding. When more than two (2) persons in a group are riding or operating wheeled vehicles or devices, including bicycles, skateboards and roller skates, on the Strand walkway, no more than two (2) shall .ride side by side. • • • (d) Racing; trick riding. It shall be unlawful for any person riding or operating any wheeled vehicle or device to race any other such vehicle or device or person along the Strand walkway, or to indulge in any kind of trick or unsafe riding or operating. (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, skateboards and roller skates, at an unsafe speed under existing conditions, or operates such vehicle or device permitted on the Strand walkway in such a reckless, wanton or 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. (f) Parking. No person operating any wheeled vehicle or device on the Strand walkway shall park said vehicle or device in front of any entrance to the public beach or to Supp. No. 9.84 72 FROM: Scott Eaton Po Boy: 3414 Redondo Beach, CA 90277 (2 13) 376-55E TO: Hermosa Beach City Mayor and Council Members Hermosa Beach, CA RE: Response to : Strand Safety Advisory Conrritte Recommendations Dear Mayor and Council members; Recommendations regarding High Speed Cyclists 1. ENFORCE Hermosa Beach City Code: Section 5-24.5 (1). Specificallq: b.right of way to pedestrians... c. Group riding d. Racing 2. Dangerous speed, penalty. ....unsafe speed under existing conditions,, reckless, wanton or careless manner es to cconstitute unsafe riding or operating,... 2. 10 mile per hour speed limit_ Enforceable??? Necessary??? How does the 'good faith 'cyclist know how fast he b. Will you enforce it with police operated radar guns? - if the police are willing to take the time to do this whq not {.imply enforce the existing Code ( Reference " ENFORCE " above.) which con be applied ' under- all conditions' '? Was o program of police enforcement coupler with the original Code? If not then the Code Wes • enforceable thru (Of). r going? Hf the police are unwilling to enforce the Code her neither the "1OMPH" ordinance nor the Code ore enforceable_ To inoct ,n ordinance that is unenforceable is political deception. 3. ELEM!NATE Bike -'Talk zone_ It is an ineffective and expensive solution for the following reasons: a. PRIMARY REASON: This solution does not strike at the high speed cyclist: the prime threat to all using the entire Strand including other cyclists. Skateboarders can also dangerous because they tend to make unannounced turns and spins_ Host cyclists and other Strand users are reasonably responsible. Prudent cyclists, skaters and skateboarders slow down when the traffic intensifies. b. The Eike-walk zone will onlyprotect those in the zone. it does not safeguard those same people and ohers when elsewhere on the Strand. c. Walking bikes does not eliminate accidents In addition to high speed cyclists and spinning skateboarders, inattentive users cause accidents. Pedestrians, cyclists, '5161:341:trt, t'riti 3%t4iti 'a'fi3ers `¢t1 fi► .1i!us e 4uuu uuieI uanti bGib abLCp 161 -Ali q ui1Lu the Strand from a side street; whro walk four abreast down the middle of the �P•V Cii Strand; who wheel baby carriages to the right and left with a back ward �� glance; who leave children unattended , who make sudden, unexpected turn Q��C,�.\\� lb into the opposite traffic. S Q d� Q* 4. Remote controlled "high traffic " bike -walk monitor Unnecessary and e titrava ant. it is the expensive icing on the questionable 'bike -walk recommendation discussed above. a. A crowded Strand is predicatble based on the weather, the season, the day of the week and experience I imagine that experienced polkice officers alreadq know the peak use times. b. instead, a police officer could check the Strand periodically when logic and experience suggests a peak use time. Upon on -Strand verification of peak use , the officer would activate a locked light box on the Strand. Since police officers frequently park at the pier and cruise the Strand in their partrol cars, this should not impose an additrional burdewn on the police. c. Since a peak use time on the Strand poses a danger to its users, what better time for the presence of OUR police_ d. This practice would also provide on -Strand enforcement, even if just for few minutes. 5. Skateboarders Trick area: Establish en official. safe skateboarder's trick area at the junction of the Strand and the pier. a. This area is already e skateboarder and skater's trick area as the occasional applauding crowds ;will attest. b. skateboarders who shoot out into the Strand from thi. area area hazard. c. This area can be made safe for Strand users by erecting a wall across this junction; high enough to preclude jumping it as e 'trick'; with an off -set entry; and with separate, but contiguous pedestrian access. d. Provides skateboarders with an acceptable alternative to 'trick' restrictions on the Strand_ 6_ REPMR the Strand Reference first letter_ CONCLUSION: 1_ Enforce, enforce , enforce ___.the Code 2_ Educate users 3_ Establish a safe skateboarding area Again, thank you for your consideration. ;ID 1j tin ) March 17, 1987 Honorable Mayor and Members of the Regular Meeting of Hermosa Beach City Council March 24, 1987 Text Amendment Authorizing the Exemption From Procedures in the Municipal Code When a Person Voluntarily Applies for A Lot Merger of Two (2) or More Contiguous Parcels Recommendation Staff recommends approval of the attached proposed ordinance. Background At their meeting of February 17, 1987, the Planning Commission adopted Resolution P.C. 87-15, allowing voluntary lot mergers. Abstract Approval of this ordinance will allow persons wanting their lots merged which do not meet the criteria set forth in the Lot Merger Ordinance to do so in an expeditious manner that avoids the reversion to acreage method. Analysis The City Attorney has prepared an analysis of the proposed ordinance (see attached memorandum to Planning Commission dated 2/17/87). Attachments 1. Proposed Ordinance 2. Resolution P.C. 87-15 3. City Attorney's memorandum dated 2/17/87 4. P.C. Minutes dated 2/17/87 CONCUR: Gre Ci ory T. Manager eye 1 Re�s,pectf ,lly sujmitted, Michael Schubach Planning Director 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 ORDINANCE NO. 87 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE VOLUNTARY MERGER OF CONTIGUOUS PARCELS UNDER COMMON OWNERSHIP WITHOUT REVERTING TO ACREAGE OR HAVING TO COMPLY WITH FILING REQUIREMENTS UNDER ARTICLE IV, SECTION 29.5-19 - 29.5-28 WHEREAS, Article IV, Sections 29.5-19 - 29.5-28 of the Hermosa Beach City Code have been adopted by the City Council of Hermosa Beach, outlining a procedure by which two (2) or more contiguous parcles or units of land held by the same owner may be merged; WHEREAS, Section 66499.20 3/4 of the California Government Code provides for the enactment of an ordinance by a city or county that authorizes the merger of contiguous parcels under common ownership without reverting to acreage, or lenghty procedures when done voluntarily; WHEREAS, the people of the City of Hermosa Beach desire a more expedient procedure whereby -they can voluntarily merge two (2) or more contiguous parcels held by the same owner; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That Section of the Hermosa Beach Municipal Code be amended to read as follows: "Two or more contiguous parcels, under common ownership, may be voluntarily merged without reverting to the procedures of this chapter. Such merger requires that the recordation of an instrument evidencing the merger be made with the county recorder." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 2. 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 in the records of proceedings of the City Council at which the same is passed and adopted, PASSED, APPROVED AND ADOPTED ON THE DAY OF , 1987 ATTEST: CITY CLERK APPROVED AS TO.,FORM: Y ATTORNEY PRESIDENT OF THE CITY COUNCIL AND MAYOR OF THE CITY OF HERMOSA BEACH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION P.C. 87-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL AUTHORIZING THE VOLUNTARY MERGER OF CONTIGUOUS PARCELS UNDER COMMON OWNERSHIP WITHOUT REVERTING TO ACREAGE OR HAVING TO COMPLY WITH FILING REQUIREMENTS UNDER ARTICLE IV, SECTIONS 29.5-19 - 29.5-28. WHEREAS, the Planning Commission held a public hearing on February 17, 1987 to receive oral and written testimony regarding this matter and made the following Findings: A. Article IV, Sections City Code have been Beach, outlining a B. 29.5-19 - 29.5-28 of the Hermosa Beach adopted by the City Council of Hermosa procedure by which two (2) contiguous parcels or may be merged; Section 66499.20 3/4 units of land held by the or same more owner of the California Government Code porvides for the enactment of an ordinance by a city or county that authorizes the, merger of contiguous parcels under common ownership without reverting to acreage, or lengthy procedures when done voluntarily; The people of the City of Hermosa Beach desire a more expedient procedure whereby they can voluntarily merge two (2) or more contiguous parcels held by the same owner;. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES HEREBY RECOMMEND AS FOLLOWS: 1. Section 29.5-29 shall be added to the Hermosa Beach Municipal Code to read as follows: "Two or more contiguous parcels, under common ownership, may be voluntarily merged without reverting to the procedures of this chapter. Such merger requires that the recordation of an instrument evidencing the merger be made with the county recorder." VOTE: AYES: Comms.Compton,Peirce,Rue,Chmn.Sheldon NOES: None ABSTAIN: None ABSENT: Comm.Schulte lb T -r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 •25 26 27 28 CERTIFICATION I hereby certify that the foregoing Resolution P.C. 87-15 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 of February 17,1987. Chuck Sheldon, Chairman Michael Schubach, Secretary Date Law Offices of James P. Lough JAMES P. LOUGH 1605 WEST OLYMPIC BLVD. SUITE 9018 LOS ANGELES, CALIFORNIA 90015 (213) 381-6131 FEBRUARY 17, 1987 CITY OF HERMOSA BEACH -MEMORANDUM PLANNING COMMISSION MEETING FOR FEBRUARY 17, 1987 TO: Members of the City of Hermosa Beach Planning Commision FROM: James P. Lough, City Attorney Linda LeVanway, Paralegal RE: Adoption of Ordinance Authorizing the Exemption from Procedures in the Municipal Code when a Person Voluntarily Applies for a Lot Merger of two (2) or more Contiguous Parcels. RECOMMENDATION This office recommends that the Planning Commission of the City of Hermosa Beach approve the attached ordinance for adoption by the City Council of the City of Hermosa Beach. BACKGROUND Hermosa Beach City Code Article IV, Sections 29.5-19 - 29.5-28 provide for Merger of Parcels. Since the adoption of this chapter, the Planning Department has had voluntary requests for merger of parcels. The provisions in the aforementioned city code primarily address the enforcement of lot mergers for in a nonvoluntary fashion; they prescribe the procedure of determination of ownership, hearing dates, appealing the decision of the planning commission, etc. Therefore, the Planning Department has directed this office to prepare an ordinance pursuant to Government Code Section 66499.20 3/4, which allows such an inactment by a city or county. ANALYSIS The attached ordinance allows an owner of two or more contiguous parcels to merge the lots without following the lenghty procedures set in the aforementioned code sections because these sections are applicable only if the owner is adverse to a lot merger. The Planning Department will establish a simplified procedure, whereupon with the recordation of an instrument with the county recorder, the parcels will be merged. CONCLUSION Therefore, this office advises the Planning Commission recommend the attachment. Upon passage by the City Council, this measure will simplify the procedure of lot merging for the people who voluntarily want to comply. 1 spective[ y) su AMES P. LOUGH, City Attorney I)I'Y OF HERMOSA BEACH PLANNING COMMISSION MINUTES - FEBRUARY 17. I9R7 TEXT AMENDMENT RECOMMENDING ADOPTION OF ORDINANCE AUTHORIZING THE EXEMPTION FROM PROCEDURES IN THE MUNICIPAL CODE WHEN A PERSON VOLUNTARILY APPLIES FOR A LOT MERGER OF TWO OR MORE CONTIGUOUS PARCELS Mr. Lough gave staff report dated February 17, 1987. Hermosa Beach City Code Article IV, Sections 29.5-19-29.5-28 provide for merger of parcels. Since the adoption of this chapter, the Planning Department has had voluntary requests for merger of parcels. The provisions in the city code primarily address the enforcement of lot mergers; for in a nonvoluntary fashion, they prescribe the procedure of determination of ownership, hearing dates, appealing the decision of the Planning Commission, etc. .Therefore, the Planning Department had directed that an ordinance be prepared pursuant to Government Code Section 66499.20 3/4, which allows such an enactment by_..a_city_or:. county. The proposed ordinance allows an owner of two or more contiguous parcels to merge the lots without following the lengthy procedures set in the aforementioned code sections because these sections are applicable only if the owner is averse to a lot merger. The Planning Department will establish a simplified procedure, whereupon with the recordation of an instrument with the county recorder, the parcels will be merged. Public Hearing opened at 8:59 P.M. by Chmn. Sheldon. There being no citizens who appeared either in favor of or in opposition to this issue, Public. Hearing closed at 8:59 P.M. MOTION by Comm. Compton, seconded by Comm. Rue, to recommend to the City Council to authorize the voluntary merger of contiguous parcels under common ownership without reverting to acreage or having to comply with filing requirements under Article IV, Sections 29.5-19 - 29.5-28. AYES: Comms. Compton, Peirce, Rue, Chmn. Sheldon NOES: None ABSENT: Comm. Schulte March 16, 1987 HONORABLE MAYOR and MEMBERS of the Regular meeting of HERMOSA BEACH CITY COUNCIL March 24, 1987 TEXT AMENDMENTS TO ARTICLE 10, SECTION 10-8, NUMBERS (2) AND (4) REGARDING THE SALE OF GASOLINE IN CONJUNCTION WITH ALCOHOL AND THE HOURLY PARKING LIMITATION FOR OFF -SALE LIQUOR ESTABLISHMENTS RECOMMENDATION The Planning Commission and Staff recommend that the attached ordinance be adopted. ABSTRACT The amendment of Section 10-8(2) will prevent any confusion as to what is beingprohibited and the amendment of Section 10-8(4) will allow more time for customers at supermarkets to shop. BACKGROUND On February 3, 1987, the Planning Commission approved Resolution P.C. 87-9 recommending the text amendments to Article 10, Section 10-8, Numbers (2) and (4) regarding the sale of gasoline in conjunction with alcohol and the hourly parking limitation for off -sale liquor establishments. On December 16, 1986, the City Council adopted the Planning Commission's recommended text changes for the various zones with changes to Sections 10-8, Numbers (2) and (4). ATTACHMENTS 1. Ordinance No. 87- 2. Planning Commission Resolution 87-9 3. Planning Commission Staff report dated 1/26/87 4. Planning Commission Minutes dated 2/3/87 5. City Council Minutes dated 12/16/86 6. Section 10-8 Off -Sale Alcohol Beverage Establishments NC Micha-1 Schubach Planning Director Gre oryIT ;:ce�i-Vt"- Cit Manager 1 Respe)ctfully submitted, Lisa Breisacher Acting Planning Aide 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 -25 26 27 28 � �4 t) ORDINANCE NO. 87 - AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ARTICLE 10, SECTION 10.8 OF THE ZONING ORDINANCE REGARDING THE SALE OF GASOLINE IN CONJUNCTION WITH ALCOHOL AND THE HOURLY PARKING LIMITATION FOR OFF -SALE LIQUOR ESTABLISHMENTS. WHEREAS, the City Council of the City of Hermosa Beach held a public hearing on March 24, 1987, to take public testimony regarding this matter and made the following Findings: 1. The text amendment of Section 10-8(2) is more clear than the existing text; 2. The text amendment of Section 10-8(4) will give customers more time to shop at markets; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hermosa Beach, California, does hereby ordain as follows: 1. Amend Section 10-8(2) to read: "Alcohol sales shall be prohibited at any establishment selling gasoline." 2. Amend Section 10-8(4) to read: "Clearly visible signs prohibiting loitering, littering, consumption of alcohol on the premises and limiting the parking period to two (2) hours shall be posted in conspicuous locations." PASSED, APPROVED and ADOPTED this day of March, 1987. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California. ATTEST: PPROVED CI CLERK OR L ITY 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. 87-9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND ARTICLE 10, SECTION 10.8 OF THE ZONING ORDINANCE REGARDING THE SALE OF GASOLINE IN CONJUNCTION WITH ALCOHOL AND THE HOURLY PARKING LIMITATION FOR OFF -SALE LIQUOR ESTABLISHMENTS. WHEREAS, the Planning Commission held a hearing on February 3, 1987, to consider this matter and made the following Findings: 1. The proposed text amendment of Sections 10-8(2) is more clear than the existing text; 2. The proposed amendment of Section 10-8(4) will give customers more time to shop at markets; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH DOES HEREBY RESOLVE AS FOLLOWS: 1. Amend Section 10-8(2) to read: "Alcohol sales shall be prohibitied at any establishment selling gasoline." 2. Amend Section 10-8(4) to read: "Clearly visible signs prohibiting loitering, littering, consumption of alcohol on the premises and limiting the parking period to two (2) hours shall be posted in conspicuous locations." VOTE: AYES: Comms.Compton,Peirce,Rue NOES: None ABSTAIN: None ABSENT: Chmn.Sheldon,Comm.Schulte CERTIFICATION I hereby certify that the foregoing Resolution P.C. 87-9 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 of February 3, 1987. Chuck Sheldon, Chairman Date Michael Schubach, Secretary January 26, 1987 Honorable Chairman and Members of the Regular Meeting of Hermosa Beach Planning Commission February 3, 1987 Text Amendments to Article 10, Section 10-8, Numbers (2) and (4) Regarding the Sale of Gasoline in Conjunction with Alcohol and the Hourly Parking Limitation for Off -Sale Liquor Establishments Recommendation Staff recommends the following text changes: 1. Section 10-8(2): "Alcohol sales shall be prohibited at any establishment selling gasoline."„, ..... 2. Section 10-8(4): "Clearly visible signs prohibiting loitering, littering, consumption of alcohol on the premises and limiting the parking period to two (2) hours shall be posted in conspicuous locations.” Background The City Council adopted the Planning Commission's recommended text changes to the various zones at their December 16,1986 meeting; however, they requested two changes be made as noted above. Analysis The first change recommended is essentially to prevent any confusion as to what is being prohibited. The current wording states that "Gasoline sales shall be prohibited at any establishment selling alcohol." The second change is to allow more time for customers at supermarkets to shop. Attachments 1. Resolution P.C. 87- 2. .City Council Minutes of December 16, 1986 3. Section 10-8 Off -Sale Alcohol Beverage Es ablis ichael chubach Planning Director TEXT AMENDMENTS TO ARTICLE 10, SECTION 10-8, NUMBERS (2) AND (4) REGARDING THE SALE OF GASOLINE IN CONJUNCTION WITH ALCOHOL AND THE HOURLY PARKING LIMITATION FOR OFF -SALE LIQUOR ESTABLISHMENTS Mr. Schubach gave staff report dated January 26, 1987. The City Council adopted the Planning Commissions' recommended text changes to the various zones at their meeting of December 16, 1986; however, they requested two changes be made. The first change recommended is essentially to prevent any confusion as to what is being prohibited. The current wording states that "gasoline sales shall be prohibited at any establishment selling alcohol." The second change is to allow more time for customers at supermarkets to shop... Mr. Schubach stated that staff recommends the following changes: 1. Section 10-8(2): "Alcohol sales shall be prohibited at any establishment selling gasoline." 2. Section 10-8(4): "Clearly visible signs prohibiting loitering, littering, consumption of alcohol on the premises and limiting the parking period to two (2) hours shall be posted in conspicuous locations." Comm. Rue questioned whether the signs will be subject to planning permit approval. Mr. Schubach replied in the affirmative, stating that this is in conjunction with the conditional use permit process, and these are the conditions being imposed. He stated that if there are concerns over signs, they can be addressed on a case-by-case basis. He noted that there is also a sign review process. Public Hearing opened at 8:57 P.M. By Chmn. Compton. There being no citizens who appeared to speak either in favor of or in opposition to this issue, Public Hearing closed at 8:57 P.M. MOTION by Comm. Peirce, seconded by Comm. Rue, to accept staffs' recommendation to approve Resolution P.C. 87-9, recommending the text amendments to Article 10, Section 10-8, Numbers (2) and (4) regarding the sale of gasoline in conjunction with alcohol and the hourly parking limitation for off -sale liquor establishments. No objections; so ordered. PLANNING COMMIS t..--1\1 MINUTES - FEBRUARY 3, 1987 1. .•ORDINANCES AND RESOLUTIONS . (a) ORDINANCE NO. 86-865 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE ATTACHED TEXT AMENDMENTS WHICH WILL ADD NEW USES AND DELETE CERTAIN USES; MODIFY STANDARDS AND LIMITATIONS; ELIMINATE CERTAIN ARTICLES; AND PROVIDE STANDARD CONDI- TIONS OF APPROVAL FOR VARIOUS USES, INCLUDING ON AND • OFF -SALE ALCOHOL -BEVERAGE ESTABLI•SHMENTS,.AS STATED HEREIN. For waiver of further'reading and adoption. . "'Speaking to Council was Ken Loomis, Bob Creech Auto Repair, 602 - 5th Street asking for clarification of the �:. M zone. • • _ - Action: To waive further reading of Ordinance No. 86- 865 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE ATTACHE TEXT AMENDMENTS WHICH WILL ADD NEW USES AND DELETE CER- TAIN USES; MODIFY STANDARDS AND LIMITATIONS; ELIMINATE CERTAIN ARTICLES; AND PROVIDE STANDARD CONDITIONS OF APPROVAL FOR VARIOUS USES, INCLUDING ON AND OFF -SALE ALCOHOL BEVERAGE ESTABLISHMENTS, AS STATED HEREIN." Motion Mayor DeBellis, second Cioffi. AYES - Cioffi, Rosenberger, Simpson, Williams, Mayor DeBellis' . NOES - None Further Action: To adopt Ordinance No. 86-865. Motion Mayor DeBellis, second Cioffi AYES - Cioffi, Simpson, Mayor DeBellis NOES - Rosenberger, Williams Final Action: To: refer Section 10-8 of Ordinance No. 86-865 back to the Planning Commission for text revi- sions concerning 1/2 -hour parking at supermarkets and sale of gasoline at establishments selling alcohol. Motion Williams, second Mayor DeBellis. So ordered. Minutes 12-16-86 Section 10-8. Off -Sale Alcohol Beverage Establishments. The following conditions shall be imposed on all establishments engaged in the off -sale of alcoholic beverages: 1. Any new off -sale alcohol beverage establishments shall be a minimum of one hundred (100) feet from any residential use and/or zone. Gasoline sales shall be prohibited at any establishment sell- ing alcohol. 3. Measures shall be taken to control loitering and littering on the premises at all times. • 4. Clearly visible signs prohibiting loitering, littering, con- sumption of alcohol on the premises and limiting the parking period to one-half (1/2) hour shall be posted in conspicuous locations. 5. The entire parking lot shall be illuminated and designed not to produce glare on adjoining property; lighting shall be reviewed and approved by the Planning Commission. 6. The establishment shall riot adversely affect the welfare of the residents, and/or commercial establishments nearby. 7. .The business shall provide adequate management and superviso- ry techniques to prevent loitering, littering, unruliness, and boisterous activities of patrons outside the business or .1n the immediate area. 8. An employee who is aware of conditions of the Conditional Use Permit shall be on the premises during business hours. a. All employees shall be given a copy of the Conditional Use Permit and shall acknowledge by signature that the Conditional Use Permit has been read and understood. 9. The Police Chief may determine that a continuing police prob- lem exists and may require the presence of a police approved doorman and/or security personnel. 10. Any violation of the conditions of approval and/or violation of the Hermosa Beach Municipal Code may be grounds for a public hearing for the .revocation of the Conditional Use Permit. 11. The exterior of the premises including parking areas shall be maintained in a neat and clean manner at. all times; 12. Any changes to the interior design shall be subject to review and approval by the Planning Commission. 13. Prior to a Conditional Use Permit being in effect, the appli- cant shall submit to the Planning Department, a signed and notarized "Acceptance of Conditions" form. 14. A Conditional Use Permit shall be recorded with the deed, and proof of recordation shall be submitted to the Planning 'Department. ID. The Planning Commission may review the Conditional Use Permit and may amend the subject conditions or impose any new condi- tions if deemed necessary to --mitigate detrimental effects on the neighborhood resulting from the subject use. Honorable Mayor and members of the Hermosa Beach City Council March 18, 1987 City Council Meeting of March 24, 1987 TEXT AMENDMENT TO ZONING CODE TO ALLOW FENCES TO EXCEED MAXIMUM HEIGHT WITH THE APPROVAL OF A CONDITIONAL USE PERMIT In order to allow the City Manager further time to analyze the recommendations of the Planning Commission/staff and consult with the City Attorney, it is requested that the City Council not take action at this time. It is therefore requested that the Ppblic Hearing/be opened and egu the matter continued to your April l rlar meeting. Gre oryfi.jer J61 - Cit Manage GTM/ld ps cc City Attorney Lough Assistant City Manager Mastrian Planning Director Schubach Building & Safety Director Grove Public Works Director Antich 1 1• Honorable Mayor and members of the Hermosa Beach City Council March 16, 1987 City Council Meeting of March 24, 1987 INFORMATIONAL REPORT RE U.U.T. MONIES FOR SEWER, POLICE & CODE ENFORCEMENT PURPOSES RECOMMENDATION It is recommended that: 1. This report be received and filed; 2. The City Manager be directed to return to the Council at their June 9 meeting, with a financing scenario to pay for—sewer—rehabilitation by borrowing -monies —to—be paid back through UUT income. BACKGROUND At the City Council meeting of February 24, 1987 staff was requested to provide an historical recap on the usage of these monies during the fiscal year. ANALYSIS The adopted budget, consistent with the City Manager's recommended budget, allocated UUT, General Fund income to be spent as follows: SEWER CAPITAL IMPROVEMENTS $ 565,000 BOOTLEG/CODE ENFORCEMENT $ 50,000 POLICE ACTIVITIES $ 312,510 That fully allocated the estimated UUT income for the -year. Subsequently, at the mid -year budget, it was estimated that an additional $ 99,005 in UUT income would be received. Those monies were therefore presumed and will be transferred to the Sewer Fund. This means that, at the end of this fiscal year, we estimate that the Sewer Fund will have a Fund Balance of $ 166,486. laa The $ 362,510 budgeted for Bootleg/Code Enforcement and Police activities is, monthly, being expended as authorized. It is not anticipated that there will be any of these monies remaining at the end of the fiscal year. Attached is a recap on the precise expenditures for Sewer. It indicates that, of the $ $ 628,845 appropriated for Sewer Capital Improvements, $ 89,996 has been expended and $ 1,372 encumbered. In the opinion of the Public Works Director, all of the remaining CIP funds ( $ 537,477) will be spent or encumbered during this fiscal year. In looking to future Sewer CIP funding needs, the adopted multi-year CIP budget presumes that at least $ 591,415 will be needed for 1987 - '88. Preliminarily it looks like we will be able to somewhat accelerate our "pay as you go" sewer replacement rate, if unit costs are not beyond what has been estimated. This will be taken into account as the 1988 budget is prepared. In the fall of 1987 we will have completed two full years of collecting the UUT. On that basis good projections could be made re this income source over multiple years. Likewise, it is possible that, once another sewer improvement project or two is completed, we could realistically appraise cost estimates vis-a-vis the Santina/Thompson Deficiency Study. This could then lead to a formal, intensive program of massive sewer replacement over a short period of time, accomplished by the borrowing of monies to fund the project. In order to do so an analysis of how best to finance this (e.g. some sort of bond/debt wherein the UUT monies are pledged) needs to be done. With the further concurrence of Council staff will embark on this. Attachments GTM/ld cc Assistant City Manager Mastrian Public Works Director Antich 2 cof r 0 r r r 0 0 r) r • r 7 S , 6, ° ] 13 le 7 11 9 7 0 71 u 23 3' 33 76 21 78 }1 30 31 52 33 31 35 36 3' 36 ]' 40 414311 47 '] 11 455?QO 16 47 48 FINANCE-FA454 EXPENDITURE HIM ;or FUND DIV OBJT DESCR APPROPRIATION CITY OF HERMOSA BEACH SUMMARY REPORT (DY FUND)'• 0/01/87 TO 02/28/87 PAGE 0042 DATE 03/13/87 MONTHLY EXP YTD EXPND. ENCUMBRANCE 66.0% OF YEAR COMPLETE UNENC BALANCE 160 SEWER FUND ., 1299 BUDGET TRANSFER DEPT: MGMT/SUPPORT 4300 MATERIALS/SUPPLIES/OTHER I 4399 BUDGET TRANSFERS OUT 37. 968. 00 OBJECT SUBTOTAL 37, 968. 00 0. 00 0. 00 20, 484. 00 20, 484. 00 0. 00 0. 00 17, 484. 00 17, 484. 00 . 53. 9 53. 9 1 1 DIVISION TOTAL 37. 968. 00 0. 00 20. 484. 00 0. 00 17. 484. 00 53. 9 7 7 7; DEPARTMENT TOTAL 37, 968. 00 3102 SEWER/ST DRAIN DEPT: ST/HWY/ST, DRAIN 0. 00 20. 484. 00 0. 00 17. 484. 00 53. 9 7+ 71 71 71 4100 PERSONAL SERVICES 4102 REGULAR SALARIES/MISC 57, 175. 00 4, 746. 20 0. 00 0. 00 O. 00 37, 652. 77 487. 62 0. 00 1, 295. 82 0. 00 0. 00 0. 00 O. 00 19. 522. 23 2, 512. 38 1. 187. 00 108. 82- 65.831 15.2 0. 0 109.1 73 79 ]a 31 33 ]/ ]3 4106 REGULAR OVERTIME . • 3, 000. 00 4110 VACATION/SICK PAY OFF 1, 187. 00 4111 ACCRUAL CASH IN 1, 187. 00 4180 RETIREMENT 9, 403. 00 4188 EMPLOYEE BENEFITS 4, 987. 00 OBJECT SUBTOTAL 76, 939. 00 847. 43 418. 13 6. 011. 76 6. 402. 08 2, 839. 73 48, 678. 02 0. 00 0. 00 0. 00 3, 000. 92 2. 147. 27 28. 260. 98 6H. 0 �:,. 9 63. 2 30 37 79 ]9 10 4200 CONTRACT SERVICES 4201 CONTRACT SERVICE/PRIVATE '2, 700 00 0. 00 1, 235. 05 : 0. 00 1, 464. 95 45.7 I3 u /1 4251 CONTRACT SERVICE/GOVT 2, 511. 75 OBJECT SUBTOTAL 5, 211. 75 0. 00 O. 00 2. 511. 75 3, 746. 80 0. 00 0. 00 0. 00 1, 464. 95 100.0 71.8 45 16 /7 41 4300 MATERIALS/SUPPLIES/OTHER 4303 UTILITIES 500. 00 4209 MAINTENANCE MATERIALS 7, 988. 25 54. 06 796. 64 354. 86 4. 137, 89 0. 00 271. 58 145. 14 3, 578. 7B 70. 9 55. f0 4310 MOTOR FUELS AND LUBES 1, 500. 00 AUTO MAINTENANCE 1, 500. 00 4316 TRAINING 150. 00 0. 00 0. 00 0. 00 701. 90 806. 56 0, 00 0. 00 0. 00 0. 00 . 798. 10 693. 44 150. 00 1 616. 7 5N. 7 33 53 ,s 56 OBJECT SUBTOTAL 11, 638. 25 _ MENT _EGl IIP 850. 70 6. 001. 21 - • 271. 58 5, 365. 46 0. 0 53.8 57 se 51 5400 EQUIPMENT 2. 850. 00 OBJECT SUBTOTAL 2, 850. 00 232. 94 232. 94 2, 790. 08 2. 790. 08 0. 00 0. 00 59. 92 59. 92 97.8 97.8 60 {7 63 61 49 50 51 6900 LEASE PAYMENTS •{s -•1`•'''''�;��'• 8, 976. 00 .:.a,'. 6900 LEASE PAYMENTS �. OBJECT SUBTOTAL 8. 976. 00 748. 32 748. 32 5, 986. 56' 5, 986. 56 0. 00 0, 00 2, 989. 44 2. 989. 44 66.6 66. 6 {6 67 61 3 7 53 54 'DIVISION TOTAL 105. 615. 00 7. 843. 72 67, 202. 67 271, 58 38. 140. 70 63.8 69 70 71 77 Sf f{ 37 - .. • _ 7] 71 { { 0 0 3 1 Auk '•1 '1 1, L iIl 6 1 ' 6 ° ° ° 9 " " 16 13 ' 20 " n 23 " 26 96 n " °9 36 11 32 35 35 37 36 1 0, 41 " �� ,5 ,6 ,9 '° • . .9 4. 6 FINANCE-FA494 • TIME -L.5 !47.59 FUND DIV f1R,JT T)ESCR CITY OF HERMOSA BEACH EXPENDITURE SUMMARY REPORT (BY FUND) FROM 02/01/87 TO 02/28/87 APPROPRIATION MONTHLY EXP YTD EXPND. • ENCUMBRANCE PAGE 0043 DATE 03/13/27 66. 07. OF YEAR COMPLETE UNENC BALANCE % ' e ° 11 17 160 SEWER FUND DEPARTMENT TOTAL 840.a CIP 85-401 DEPT• 105. 615. 00 SANITARY SEWER 7, 843. 72 67. 202. 67 271. 58 38.140. 75 63. 8 I, 16 4200 CONTRACT SERVICES 4201 CONTRACT SEP,l1ICE/PRIVATE 35, 420. 00 0. 00 O. 00 0. 00 35. 420. 00 0. 0 w °' n 23 °, °6 71 °9 32 71 34 v 36 37 1e 39 40 43•33a ,6 ,6 ,/ 11 6 61 1, 11 56 'r 66 69 60 e- 69 64 65 66 4. . 0Y 9 11 ,9 r, 19 n OBJECT SUBTOTAL 35. 420. 00 0. 00 0. 00 0. 00 35. 420. 00 0. 0 DIVISION TOTAL 8402 CIP 85-402 DEPT: 35, 420. 00 SANITARY SEWER 0. 00 0. 00 0. 00 35, 420. 00 0. 025 4200 CONTRACT SERVICES 4201 CPITRACT SERVICE/PRIVATE , 290, 400. 00 290. 400. 00 • 0. 00 0. 00 - 0. 00 0. 00 1, 100. 00 1. 100. 00 289. 300. 00 289. 300. 00 0. 3 0. 3 OBJECT SUBTOTAL DIVISION TOTAL 8403 CIP 85-403 DEPT• 290. 400. 00 SANITARY SEWER 0. 00 0. 00 1, 100. 00 289, 300. 00 0. 3 4200 CONTRACT SERVICES 4201 CONTRACT SERVICE/PRIVATE 72, 600. 00 72. 600. 00 0. 00 0. 00 0. 00 0. 00 0. 00 0. 00 72, 600. 00 72. 600. 00 0. 0 0. 0 OBJECT SUBTOTAL DIVISION TOTAL 8404 CIP 85-404 DEPT: 72, 600. 00 SANITARY SEWER 0. 00 0. 00 0. 00 72. 600. 00 0. 050 4200 CONTRACT SERVICES 4201 CONTRACT SERVICE/PRIVATE 354"0 00 0. 00 2, 309. 62 0. 00 32. 890. 38 OBJECT SUBTOTAL 35, 200. 00 0. 00 2, 309. 62 0. 00 32. 890. 38 ;.. 5 .. 5 DIVISION TOTAL 840A. CIP 86-405 DP • 35. 200. 00 A► •i __W_G 0. 00 2. 309. 62. 0. 00 32. B90. 38 6. 5 49 '° 4200 CONTRACT SERVICES 4241_,.ONTRACT SE tI-VICE/PRIVATE 300 840 00 300. 040. 00 0 00 0.00 0. 00 300.840.00 0.0 53 5, OBJECT SUBTOTAL 0. 00 0. 00 0. 00 300, 840. 00 0. 0 55 16 1. DIVISION TOTAL 300. 840. 00 0. 00 0. 00 .. 0. 00 • 300. 840. 00 0. 0 6 I r r 0 n r Eli 61 i •24 A - n ' r' rt N 1 s 6 FINANCE—FA454 t TIME 15:57:59 EXPENDITURECITY SUMMARYOFHERMOSA REPORT B(BYHFUND) = FROM 02/01/87 TO 02/28/87 _ " PAGE 0044 y. t ! DATE 03/13/87 66.07. OF YEAR COMPLETE 4 6 6 r FUND DIV OBJT DESCRAPPROPRIATION MONTHLY EXP YTD EXPND. ENCUMBRANCE s N e UNENC BALANCE 7. 9 9 16t SEWER FUND 19 I1 10 ` I' 8406 CIP 86-405 DEPT: SANITARY SEWER 1t 17 t II 4300 MATERIALS/SUPPLIES/OTHER 5! u u 15 16 DEPARTMENT TOTAL 734, 460. 002.309.6216 0. 00 1, 100. 00 731, 050. 38 0, 4 17 IY I? FUND TOTALm 878.043.00 7,843.72 89. 996. 29 1.371.58 786, 675. 13 10. 4 71 I tt 9 21 tD 25 t1 .. 76 22 27 76 23 29 24 50 7! 01 D9 15•]] 27 I 34 05 20 06 29 !l 30 31 ]1 39 • 10 U 41 3433 .. . 4432 44 35 45 39 56 16 I 17 37 41 . t6 49 39 .• i !0 • !I 40 57 41 S] 42 51 43 11 5! 44 56 57 1S / 59 46 . 69 47 60 61 41 42 , .. 63 45 64 50 65 51 65 , • 67 !7 66 !7 69 34 70 . 71 15 n • 56 73 11 • • • r6 I"1 Irk .6► Ilk 1 • TO atkgrouttb Atatrr-ialg • 1• a*-.) -•� �-- � ,�-�� Com- � sly -X37 a4n.9,.,1� Honorable Mayor and members of the Hermosa Beach City Council -May 6, 1986 City Council Meeting of May 13, 1986 INTRODUCING ORDINANCE TO MAINTAIN UTILITY USERS TAX AT 6% RECOMMENDATION It is recommended that the City Council waive further reading and introduce the attached Ordinance thereby causing the Utility Users Tax to remain at its current 670 rate. BACKGROUND At the time that the U.U.T. was enacted, effective October, 1985 the UUT rate was set as follows: From implementation through June 30, 1986 at 6% Effective July 1, 1986 to be reduced by 170 to a rate of 570 UUT expires October 1, 1988 Additionally, as a part of instituting the UUT, the City Council established a policy that the monies received from this General Fund source would be allocated for the following priorities: 1. Sewer rehabilitation 2. Police, with a particular emphasis on Foot Patrol 3. Bootleg Enforcement ANALYSIS Implementation of the UUT has gone well and seems to have been generally "accepted" in the community. For the first budget year of the UUT monies will have been collected for only 9 months. The estimate of that income for this fiscal year was $ 576,000 to be allocated as follows: Sewer $ 440,000 Police $ 100,000 Bootleg $ 36,000 Based on the several months of income it is expected that a rea- sonable assumption of UUT income for 1986 - '87 will be $154,585 per one percent tax. The proposed 1986 - '87 budget assumes the following expenses: 1 11a Category Amount Components Sewer $ 565,000 Capital Improvements Bootleg $ 50,000 (Enforcement Inspector (Prosecution & Code Police $ 312,510 2 Foot Patrol Officers at $ 100,000 plus other items amounting to $ 212,510 TOTAL $ 927,510 At a 5% UUT rate, approximately $ 772,925 will be raised next fiscal year; at 670 $ 927,510 will be raised. The proposed budget assumes the 6% rate. Reducing the UUT rate to 5% effective July 1, 1986 means that the City's General Fund proposed budget expen- ditures for Police and/or other departments will have to be re- duced by $ 154, 585 for 1986 - '87. As it now stands the UUT rate will automatically go down from 670 to 5%, effective July 1, 1986. For the rate to remain at 6% for the entire 1986 '87 fiscal year an Ordinance modification is, necessary predicated on the following schedule: Introduction May 13, 1986 Adoption May 27, 1986 30 days thereafter June 27, 1986 Understandably the City Council would not want to make a commit- ment as to the final UUT rate determination until after having considered the proposed 1986 - '87 budget. That document is being given to you on May 13, Workshops are then scheduled for later in May, the Public Hearing on June 10 and consideration of Budget adoption is set for June 24. So, the only way to ensure the option of a 6% rate for the entire fiscal year is to set in motion such an Ordinance now. Doing so, however, does not bind the Council. Further consideration can be given at the time of second reading of the Ordinance (May 27) and on June 10 as an urgency matter. 2 -- In addition to the staff recommendation there are several other options available to the City Council: 1. Allow the UUT to automatically reduce by 17 as of July first. For one month the financial impact is $12,882; to then consider the matter concurrent with Budget adoption actions on June 24 would mean an Ordinance effective date of August 9 (or a loss of 3 months at the higher rate i.e. a reduction in the City Manager's proposed budget expenditures of $ 38,646). 2. Hold the matter over until May 27th, thereby resulting at least a 2 months decline in UUT income (a budget reduction of $ 25,764). Reach a determination now that the rate is to be reduced to 5% and instruct the City Manager to modify his proposed budget accordingly (a General Fund reduction of $ 154,585). G Gregiry . I -yer Cit Manager GTM/ld cc Attachment Noted for Fiscal Impact: Viki Copeland Finance Administrator C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 . 28 2 3 31 3 3 3 3 3 3 4 4 WILSON JONES COMPANY G7204 GREEN 7204 BUFF MADE IN U.5 A 2 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 28 29 30 31 32 3: 34 35 3F 31 3f 31 4 tI—' - i - - I --- - -r - _--- 1 SLED -- ' 0 - ---- - I Cl 0 /A -i/ --- —" - - ---- -- - - i POC --f G I I t ! 1 I III . ci / - — .0t7 i2 -S it, -!4 Cid` CI .De? -CIS (.46t -e..__ i f= / T� - & — I 1-"Y,/. 3 ?9 % I 1 vt- 4.7"-- /4)000x 1 1 _%a." - _I 1_ 1 . PPP '(r,�i 6e i� cv . ace•�rv8nc Cain- - • ss - i L , amitinlill -w iLr44l G, 6 ...440 4E I A ioo, Doe)T — /%% i94'"7 wna/ Gc(3; :1 - ,/ 11 ■ I i■ 111n■i 111111■I !MEE- HESE Q�a& - ■ - 1■ n■ 111■I 111■I 1■ n1 111 ■ /4. 4.- ( /6.6 %Inln■� (-E244.1,, 4of-+iso m•1 I■Milli ■111 III 11111 111■ ■ ■In111■ 111111■ 111111■ 1111 111■I■111111■ 111■I■11111 11■I■11111 116 ■ ■ �,1 n111 111111■ 111111■ 11 1111■■11111 1111■■1111 1111■ ■ 11 WILSON JONES COMPANY G7204 GREEN 7204 BUFF MADE IN U.5 A 2 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 28 29 30 31 32 3: 34 35 3F 31 3f 31 4 .6(4I '416 1A) ‘1"rfk"-el Honorable Payor and Members of the City Council March 17, 1987 City Council Meeting March 24, 1987 PROPOSED REVISIONS TO ZONING CODE DEFINITIONS FOR THE PURPOSE OF STRENGTHENING ILLEGAL UNIT ENFORCEMENT CAPABILITIES RECOMMENDATION It is recommended that the City Council adopt the attached cor- rected ordinance which revises zoning code definitions for the purpose of facilitating illegal unit prevention and abatement. BACKGROUND At the February 10, City Council meeting the attached agenda item was referred back to staff to be reintroduced at the March 24 meeting for refining the definition of family, provision of a mechanism whereby the number of persons occupying a premises might be limited and examination of the word "installation" (as opposed to "use") under Section 4 and correction of an error in Section 4. An informational item addressing the above listed subjects was sent to city council members. ANALYSIS Pursuant to the informational item sent to council, staff dis- cussed the definition of "family" with the City Attorney. It is his opinion that given the restrictions mandated by the Califor- nia Supreme Court decision on the definition of family, the defi- nition used by the City of Huntington Beach and proposed in the original agenda item is as effective as any definition that would stand in court. Regarding concerns that the word "installation" in Section 4 would not apply to situations where an appliance was merely "plugged in," the Webster dictionary definition encompasses those situations: "to establish in an indicated place, condition or status; to set up for use or service." Pursuant to #2 in the informational item, there are difficulties with attempting to limit the number of persons occupying a prem- ises. Should the council determine this possibility is worthy of pursuit, it should be referred back to the Planning -Commission for study. The error in Section 4 which .should read "kitchen" rather than "Guest house or accessory living quarters," has been eliminated in the attached revised ordinance. 1 LI. ALTERNATIVES 1) Refer the item back to the Planning Commission for further study. 2) Determine an alternative definition of "family." Concur: Concur: Greg City Respectfully submitted, 4 J nice Silver A ministrative Aide o�ry �Te`ger I Ai-- William Grove Manager Director,Bldg. & Safety g 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 87 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING APPENDIX A, ARTICLE 2 (DEFINITIONS) AND ARTICLE 4, (R-1 ONE -FAMILY RESIDENTIAL ZONE) OF THE HERMOSA BEACH MUNICIPAL CODE FOR THE PURPOSE OF STRENGTHENING ILLEGAL UNIT ENFORCEMENT CAPABILTIES. WHEREAS, the City Council held a public hearing on January 27, 1987 and determined that successful illegal unit enforcement requires a zoning code requirements that will be effective in a court of law; and WHEREAS, it was determined that amending portions of ARTICLE 2 (Definitions) of the Hermosa Beach zoning code pertaining to "dwelling unit or apartment", "family," guest house or accessory living quarters" and "kitchen" would facilitate more effective illegal unit enforcement; NOW, THEREFORE, the City Council of the City of Hermosa Beach does ordain as follows: Section 1. That ARTICLE 2 (Definitions), Section 215, "Dwelling Unit or apartment", be amended to read as follows: "'Dwelling unit' or 'apartment' means one or more rooms in a dwelling or apartment house or apartment hotel designed for occupancy by one family for living or sleeping purposes, and having only one kitchen. All rooms comprising a dwelling unit shall have interior access through an interior doorway not containing a deadbolt lock to other parts of the dwelling unit with the exception of accessory living quarters, provided that where a dwelling unit occupies two stories, interior access shall be provided between stories by an open unenclosed stairway. -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 For the purpose of this section, 'open stairway' shall mean a stairway which has a minimum of one wall which is not more than 42 inches high opening into at least one room from which the stairway connects each floor. • If in the opinion of the Director of Building & Safety the design of a dwelling has the potential to be converted to additional dwelling units, the Director may require a deed restriction to be recorded prior to issuance of a building permit." Section 2. That ARTICLE 2 (Definitions) Section 220, "Family.", be amended as follows: "Family. Two or more persons living together in a dwelling unit, sharing common cooking facilities, and possessing the character of a relatively permanent single bona fide house -keeping unit Cin a domestic bond of social, economic and psycholgical committment to each other, as distinguished from a group occupying a boarding house, club,JJJJJJdormitory, fraternity, hotel, lodging house, motel, rehabilitation center, rest home or sorority." Section 3. That ARTICLE 2, (definitions), Section 223.`' "Guest house or accessory living quarters", be amended as follows: "'Guest house or accessory living quarters' means living quarters within a main building for the use of persons employed on the premises, or for temporary use by guests of the occupants of the premises. Such quarters shall have no kitchen facilites and shall not be rented or otherwise used as a separate dwelling unit. Guest houses and accessory living quarters are subject to .4 1 2 3 4 5 6 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the issuance of a Conditional Use Permit and are not allowed in accessory buildings." Section 4. That ARTICLE 2 (Definitions) Section 226, "Kitchen" be amended as follows: "'Kitchen' means any room or space used or intended or designed to be used for cooking or the preparation of food. The installation of a cooking appliance constitutes a • kitchen within the meaning of this definition, and where such a kitchen is installed or maintained in a room or suite of rooms said room or suite of rooms shall constitute a dwelling unit." Section 5. That ARTICLE 4, Section 4-2. (R-1 One -Family Residential Zone, Permitted Uses) be amended by adding: 8. "Accessory living quarters shall be allowed within a main building only, subject to a conditional use permit in accordance with Article 10." PASSED, APPROVED and ADOPTED this day of January, 1987. PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach, California ATTEST: -3- CITY CLERK CITY ATTORNEY • LS (b) ORDINANCE NO. 87-869 - AN ORDINANCE OF. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP BY CHANGING THE ZONE FOR AREAS DESCRIBED BELOW AND SHOWN ON ATTACHED EXHIBITS A AND B. For waiver of further reading and adoption. Action; To waive further reading of Ordinance No. 87-869 entitiled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP BY CHANGING THE ZONE FOR AREAS DESCRIBED BELOW AND SHOWN ON ATTACHED EXHIBITS A AND B." Motion DeBellis, second Rosenberger. AYES -DeBellis, Rosenberger, Simpson, Williams, Mayor NOES -None .Cioffi Final Action: To adopt Ordinance No. 87-869. Motion DeBellis, second Rosenberger. Soordered. (0) ORDINANCE NO. 87-871 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING AP- PENDIX A, ARTICLE 2 (DEFINITIONS) AND ARTICLE 4, (R-1 ONE -FAMILY RESIDENTIAL ZONE) OF THE HERMOSA BEACH MUNICIPAL CODE FOR THE PURPOSE OF STRENGTHENING ILLEGAL UNIT ENFORCEMENT CAPABILITIES. For waiver of further reading and adoption. Action: To waive further reading of Ordinance No. 87-871 entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING APPENDIX A, ARTICLE 2 (DEFINITIONS) AND ARTICLE 4, (R-1 ONE -FAMILY RESIDENTIAL ZONE) OF THE HERMOSA BEACH MUNICIPAL CODE FOR THE PURPOSE OF STRENGTHENING ILLEGAL UNIT ENFORCEMENT CAPABILITIES. Motion Rosenberger, second DeBellis. AYES - DeBellis, Rosenberger, Simpson, Williams, Mayor NOES - None Cioffi Proposed Action: To adopt Ordinance No. -87-871. Motion Rosenberger, second Simpson. Substitute Motion: Refer this Ordinance back to staff, to be reintroduced on March 24, with correction of er- rors, refine the definition of family, provide a mechanism whereby the number of persons occupying a premises might be limited, and look at definition of the word "installation" under Section 4. Proposed changes to be sent out to Council as an informational item. Motion DeBellis, second Williams. Vote on Making Substitute Motion the Main Motion AYES - DeBellis, Rosenberger, Simpson, Williams, Mayor NOES - None Cioffi - 4 - Minutes 2-10-87 i t ; - -'- Honorable Mayor and Members of the City Council January 15, 1987 City Council Meeting January 27, 1987 PROPOSED REVISIONS TO ZONING CODE DEFINITIONS FOR THE PURPOSE OF STRENGTHENING ILLEGAL UNIT ENFORCEMENT CAPABILITIES RECOMMENDATION It is recommended that in order to facilitate improved illegal unit enforcement capabilities, the City Council adopt the at- tached ordinance revising relevant definitions of the Hermosa Beach Zoning Code. BACKGOUND On May 27, 1986 the City Council adopted a resolution directing the Planning Commission to "review provisions of the municipal code which will aid in the enforcement of and hinder the creation of illegal dwelling units." On November 5, 1986, the Planning Commission adopted Resolution P.C. 86-50 recommending amendments to the Hermosa Beach Code (see attached). ANALYSIS Having surveyed several municipalities, staff determined that illegal unit enforcement is a universally difficult function. The cities most successful in obtaining compliance (e.g., Man- hatttan Beach) employ a combination of a concerted public educa- tion campaign, a well -organized enforcement program and a strong legal foundation provided by the municipal code. The definitions targeted for revision are: "Dwelling unit or apartment", "fami- ly", "Guest house or accessory living quarters" and "kitchen." There is also a proposed addition to ARTICLE 4 , Section 4-1 (One -Family Residential Zone, permitted uses). The following is a list of existing definitions and recommended amendments to ARTICLE 2 (Definitions) and ARTICLE 4 , (R-1 One Family Residential Zone), of the Zoning Code: ARTICLE 2: 1) SECTION 215. "DWELLING UNIT" OR "APARTMENT" Existing: "Dwelling unit" or "apartment" means one or more rooms in a dwelling or apartment house or apartment hotel designed for occupancy by one family for living or sleeping purposes, and having only one kitchen. 7 1 Recommended revision: ADD: All rooms comprising a dwelling unit shall have interior ac- cess through an interior doorway not containing a dead -bolt lock to other parts of the dwelling unit with the exception of accessory living quarters, provided that where a dwelling unit occupies two stories, interior access shall be provided between stories by an open unenclosed stairway. For the purpose of this section, "open stairway" shall mean a stairway which has a minimum of one wall which is not more than 42 inches high opening into at least one room from which the stairway connects each floor. If in the opinion of the director of Building & Safety the design of a dwelling has the potential to be converted to additional delling units, the director may require a deed restriction to be recorded prior to issuance of a building permit. 2) SECTION 220. FAMILY 3 Existing: "Family means an individual, or two or more persons related by blood or marriage, or a group of not more than four (4) persons, excluding servants, who are not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit." Note: The California Supreme Court has ruled that it is unconstitu- tional to distinguish between groups related by blood or mar- riage and other groups of people.. Recommended Revision: CHANGE TO READ: "Family. Two or more persons living together in a dwelling unit, sharing common cooking facilities, and possessing the character of a relatively permanent single bona fide house- keeping unit in a domestic bond of social, economic and psy- chological committment to eachother, as distinguished from a group occupying a boarding house, club, dormitory, fraterni- ty, hotel, lodging house, motel, rehabilitation center, rest home or sorority. SECTION 223. GUEST HOUSE OR ACCESSORY LIVING QUARTERS. Existing: "Guest house" or "accessory living quarters" means living quarters within an accessory building for the use of persons employed on the premises, or for temporary use by guests of the occupants of the premises. Such quarters shall have no - 2 kitchen facilities and shall not be rented or otherwise used as a separate dwelling." Note: The City Council has recently revised the "permitted uses" and accessory living quarters are not listed as permit- ted in accessory building (See proposed revision of Article 4, Section 4-2, R-1 One -Family Residential Zone, permitted uses below). Recommended Revision: CHANGE TO READ: "Guest House or Accessory living quarters" means living quarters within a main building for the use of persons em- ployed on the premises, or for temporary use by guests of the occupants of the premises. Such quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling unit. Guest houses and accessory living quarters are subject to the issuance of a Conditional Use Permit and are not allowed in accessory buildings." 4) SECTION 226. KITCHEN. Existing: "Kitchen" means any room or space used or intended or desig- ned to be used for cooking or for the preparation of food." Recommended Revision: ADD: The installation of a cooking appliance constitutes a kitchen within the meaning of this definition, and where such a kitchen is installed or maintained in a room or suite of rooms said room or suite of rooms shall constitute a dwelling unit. ARTICLE 4: Section 4-2. Permitted Uses: Recommended Revision: ADD: 8. Accessory living quarters shall be allowed within a main building only, subject to a conditional use permit. ALTERNATIVES 1) Maintain existing definitions. 2) Determine alternate revisions. Concur: Concur: Gre, ory . Meyer Ci•y 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 28 ORDINANCE NO. 87 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING APPENDIX A, ARTICLE 2 (DEFINITIONS) AND ARTICLE 4, (R-1 ONE -FAMILY RESIDENTIAL ZONE) OF THE HERMOSA BEACH MUNICIPAL CODE FOR THE PURPOSE OF STRENGTHENING ILLEGAL UNIT ENFORCEMENT CAPABILTIES. WHEREAS, the City Council held a public hearing on January 27, 1987 and determined that successful illegal unit enforcement requires a zoning code requirements that will be effective in a court of law; and WHEREAS, it was determined that amending portions of ARTICLE 2 (Definitions) of the Hermosa Beach zoning code pertaining to "dwelling unit or apartment", "family," guest house or accessory living quarters" and "kitchen" would facilitate more effective illegal unit enforcement; NOW, THEREFORE, the City Council of the City of Hermosa Beach does ordain as follows: Section 1. That ARTICLE 2 (Definitions), Section 215, "Dwelling Unit or apartment", be amended to read as follows: "'Dwelling unit' or 'apartment' means one or more rooms in a dwelling or apartment house or apartment hotel designed for occupancy by one family for living or sleeping purposes, and having only one kitchen. All rooms comprising a dwelling unit shall have interior access through an interior doorway not containing a deadbolt lock to other parts of the dwelling unit with the exception of accessory living quarters, provided that where a dwelling unit occupies two stories, interior access shall be provided between stories by an open unenclosed stairway. -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 For the purpose of this section, 'open stairway' shall mean a stairway which has a minimum of one wall which is not more than 42. inches high opening into at least one room from which the :stairway connects each floor. If in the opinion of the Director of Building & Safety the design of a dwelling has the potential to be converted to additional dwelling units, the Director may require a deed restriction to be recorded prior to issuance of a building permit." Section 2. That ARTICLE 2 (Definitions) Section 220, "Family.", be amended as follows: r_,._ "Family. Two or more persons living together in a dwelling unit, sharing common cooking facilities, and possesing the character of a relatively permanent single bona fide house -keeping unit in a.domestic bond of-social;.economic__and psycholgical committment_to eachother, as distinguished from a group occupying a boardinghouse, club, dormitory, fraternity, hotel, lodging house, motel, rehabilitation center, rest home or sorority." Section 3. -That ARTICLE 2, (definitions), Section 223. "Guest house or accessory living quarters", be amended as: - follows: "'Guest house or accessory living quarters' means living quarters within.a main building for the use of personsemployed on the premises, or for temporary use by guests of the occupants of the premises. Such quarters shall have no kitchen facilites and shall not be rented or otherwise used as a separate dwelling unit. Guest houses and accessory living quarters are subject to l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the issuance of a Conditional Use Permit and are not allowed in accessory buildings." Section 4. That ARTICLE 2 (Definitions) Section 226, "Guest house or accessory living quarters" be amended as follows: "'Kitchen' means any room or space used or intended or designed to be used for cooking or the preparation of food. The installation of a cooking appliance constitutes a kitchen within the meaning of this definition, and where such a kitchen is installed or maintained in a room or suite of rooms said room or suite of rooms shall constitute a dwelling unit. Section 5. That ARTICLE 4, Section 4-2. (R-1 One -Family Residential Zone, Permitted Uses) be amended by adding: 8. "Accessory living quarters shall be allowed within a main building only, subject to a conditional use permit." PASSED, APPROVED and ADOPTED this day of January, 1987. PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach, California ATTEST: A'PROVED AS T -3- CITY CLERK CITY ATTORNEY .A:. -.r.. _ ... ;s:..•..J>. .:..s:L• - -..... .s.�r :,6+`C: .iCi'mad+ i ei/la�.ibis:f::;r�:.r:+rs.�a:.wr,•A.wr4•444Ydk. 4" 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 86-4946 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF HER- MOSA BEACH CALIFORNIA, DIRECTING THE PLANNING COMMISSION TO RE- VIEW PROVISIONS OF THE MUNICIPAL CODE WHICH WILL AID IN THE EN- FORCEMENT OF AND HINDER THE CREATION OF ILLEGAL DWELLING UNITS. WHEREAS, the City Council recognizes that the creation and maintenance of illegal dwelling units is detrimental to the residents of Hermosa Beach due to additional demands for governmental services and demands for limited available parking; and WHEREAS, the City Council recognizes that illegal dwell- ing units often constitute substandard housing due to inadequate facilities; and WHEREAS, the City Council recognizes that amendments to the municipal code may prevent the creation of illegal dwelling units and may aid in enforcement proceedings necessary to abate illegal dwelling units. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the Planning Commission be directed to review for possible amendment -the definitions of accessory build- ing, dwelling unit, family room, guest house and kitchen. SECTION 2. That the Planning Commission be directed to review for possible amendment the permitted use of accessory buildings in all residential zones. SECTION 3. That the Planning Commission be directed to consider additional regulations to limit designs conducive to illegal unit creation. -1- 1 2 3 4 5 6 7 .l, 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4. That the Planning Commission be directed to review for possibleamendment the initiation of legal determina- tion. .) / !Attest PASSED, APPROVED AND ADOPTED THIS 10 TH DAY OF June, 1986 City Clerk / Approved as to f\. 44.,,,�� i-ty Attorney (I I/ e,eZe/r PRESIDENT o the City Council and MAYOR f the City of Hermosa Beach 17)eiadzi.,t294.4z) -2- MINUTES OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH HELD ON WEDNESDAY, NOVEMBER 5, 1986 AT 7:30 P.M. IN THE CITY HALL COUNCIL CHAMBERS Meeting called to order at 7:32 P.M. by Chmn. Sheldon. Pledge of Allegiance led by Churn. Sheldon. ROLL CALL Present: Comms. Peirce, Compton, Rue, Churn. Sheldon Absent: Comm. Schulte Also Present: Michael Schubach, Planning Director; James P. Lough, City Attorney; Harry Palter, Recording Secretary APPROVAL OF MINUTES MOTION by Comm. Rue', seconded by Comm. Peirce, to approve the Planning Commission minutes of October 21, 1986, as submitted with the following changes: On page 3 at the bottom, the correct spelling is "La Playita" for that restaurant; on page 4, reference to "Mr." Schulte shall be changed to "Comm." Schulte. Noting the abstention of Comm. Compton, no objections; so ordered. APPROVAL OF RESOLUTIONS MOTION by Comm. Rue, seconded by Comm. Compton, to approve Resolution P.C. 86-46, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A REQUEST FOR A VARIANCE FOR THE ENCLOSURE OF AN EXISTING PORCH AT THE FRONT PROPERTY LINE AT 243 THIRTY-FIRST STREET. No objections; so ordered. MOTION by Comm. Rue, seconded by Comm. Peirce, to approve Resolution P.C. 86-49, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AMENDMENT OF A CONDITIONAL USE PERMIT FOR BEER AND WINE AND OUTSIDE DINING AND A NEGATIVE DECLARATION IN CONJUNCTION WITH A RESTAURANT AT 23-25 TWENTY-FIRST STREET. Comm. Rue asked of the Planning Director whether the reference to "lead pipe" in item No. 4 couldn't be changed to "welded -steel pipe." The Planning Director agreed to change it accordingly. Churn. Sheldon asked of the Planning Director to remove the.last "only" from item No. 21(a). Noting the abstention of Comm. Compton, no objections; so ordered. ADVERTISED PUBLIC HEARING REGARDING THE PROPOSED AMENDMENTS TO THE CITY CODE REGARDING ILLEGAL UNITS FOR THE PURPOSE OF STRENGTHENING PREVENTION AND ENFORCEMENT CAPABILITIES Mr. Schubach gave staff report and stated that, historically, the City has attempted to enforce their ordinance concerning "bootlegged" units, or units without any building permits and zoning approval. He stated that staff has come up with some new definitions in order to make the wording in the laws more explicit as to what the City means. Janice Silver, from the Building Department, stated that it was generally universally difficult to enforce illegal dwelling -unit problems. She stated that the Building Department has come up with some recommended wording changes for the definitions. Ms. Silver read from the document titled "Proposed Amendments to the City Code" regarding the existing definition of "dwelling unit." She then read the first paragraph of the "Recommended Addition" to the definition. Ms. Silver stated that the text of the Building Department was taken from the City of Manhattan Beach as they are doing quite well regarding enforcement of their ordinances, and she explained that William Grove, Director of Building and PLANNING COMMISSION MINUTES - NOVEMBER 5, 1986 PAGE 2 Safety looked at theirs and thought that it would be pertinent to use for the City of Hermosa Beach. Ms. Silver then went on to read the next paragraph, referring to the definition of "open stairway." Comm. Rue asked whether these new additions have any effect on the previous rulings regarding "Granny" quarters. Mr. Schubach stated that it didn't have any effect in that it was a state law. Public hearing opened at 7:47 P.M. by Chmn. Sheldon. No response from audience. Public hearing closed at 7:47 P.M. by Chmn. Sheldon. MOTION by Comm. Compton, seconded by Corucu. Rue, to move staff's recommendation. Comm. Compton expressed concern to the City Attorney about making sure that the language in this document would be tough enough to stand up to any problems that might occur. Mr. Lough stated that this document was better than anything he had seen and the best one out of all of the local cities. Chmn. Sheldon stated for the record that the motion before the Commission at this, moment is to adopt a resolution to adopt staff's recommendations vis a vis the definitions on illegal units. No objections; so ordered. Comm. Compton stated in regard to a meeting he had with a subcommittee of the .City Council the possibility of creating a violation process to fine people that were in violation. The process would be like issuing a citation rather than going through the whole legal process. Mr. Lough stated that at present his office is working on such an issue. Five minute recess taken at 7:57 P.M. REVIEW OF CONDITIONAL USE PERMIT FOR 8 PIER AVENUE, HENNESSEY'S Mr. Schubach gave staff report explaining that based on police observations and a complaint that was received by the City, that the Commission review the C.U.P. for the bar. He stated that upon review, quite a few violations were realized. He stated, however, that the Building Director has reviewed the situation and found that some of the violations that existed a week or two ago have been cleared up. He stated that he believes that there are now screens on the windows and possess an occupancy sign. He stated that he was unsure whether Hennessey's has a sign stating that there is to be no drinking or loitering in the area around the outside of the bar. He stated that an ongoing problem is that of loitering around the front of the bar and also that of noise from musical entertainment. Mr. Lough stated to all present that this is not a hearing to decide whether or not anyone is violating or complying with a C.U.P. He stated that the purpose of this is to determine whether or not there are any grounds for setting either a revocation hearing or whatever. He stated that staff can reach an agreement as far as whether he wants the respondent to come back in front of the Commission for a hearing. 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 C RESOLUTION P.C. (--50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL AMENDMENTS TO THE ZONING ORDINANCE FOR THE PURPOSE OF STRENGTHENING ILLEGAL UNIT ENFORCEMENT CAPABILITIES. WHEREAS, the Planning Commission held a public hearing on November 5, 1986 and determined that successful illegal unit enforcement requires a city ordinance that will be effective in court of law; and WHEREAS, itvas determined that amending portions of ARTICLE 2 (DEFINITIONS) of the Hermosa Beach Zoning Code would strengthen enforcement capabilities relating to illegal units. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Hermosa Beach, California recommends to the City Council the following zoning ordinance amendments to ARTICLE 2 (DEFINITIONS) of the Hermosa Beach Zoning Code: A. Amend Section 215. Dwelling unit or apartment., as follows: "'Dwelling unit' or,'apartment' means one or more rooms in a dwelling or apartment house or apartment hotel designed for occupancy by one family for living or sleeping purposes, and having only one kitchen. All rooms comprising a dwelling unit shall have interio access through an interior doorway not containing a dead -bol lock to other parts of the dwelling unit with the exception of accessory living quarters, provided that where a dwelling unit occupies two stories, interior access shall be provided between stories by an open unenclosed stairway. For the purpose of this section, 'open stairway' shall 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 mean a`Otairway which has a, minimum of one wall which is not more than 42 inches high opening into at least one room from which the stairway connects each floor. If in the opinion of the Director of Building & Safety the design of a dwelling has the potential to be converted to additional dwelling units, the Director may require a dee restriction to be recorded prior to issuance of a building permit." B. Amend Section 21. Family., as follows: "Family. Two or more persons living together in a dwelling unit,. sharing common cooking facilities, and possessing the character of a relatively permanent single bona fide house -keeping unit in a domestic bond of social, economic and psychological committment to eachother, as distinguished from a.. group occupying a boarding house, club, dormitory, fraternity, hotel, lodging house, motel, rehabilitation center, rest home or sorority." C. Amend Section 223. Guest house or accessory living quarters, as follows: "'Guest house or accessory living quarters' means livin quarters within a main building for the use of persons employed on the premises, or for temporary use by guests of the occupants of the premises. Such quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling unit. Guest houses and accessory living quarters are subject to the issuance of a Conditional Use Permit and are not allowed in accessory buildings." D. Amend Section 226. Kitchen., as follows: "'Kitchen' means any room or space used or intended 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 design( to be used for cooking orc or the preparation of food. The installation of a cooking appliance constitutes a kitchen within the meaning of this definition, and where suc a kitchen is installed or maintained in a room or suite of rooms said room or suite of rooms shall constitute a dwellin unit." IF • VOTE: Ayes: Comms. Pierce, Compton, Rue,Chmn. Sheldon Noes: None Abstain: None Absent: Comm. Schulte Certification I hereby certify that the foregoing Resolution P.C. 86-50 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 of 11/5/86. ) /9 ZA> Az Chuck Sheldon, Chairman Michael Schubach, Secretary Date • DEFINITIONS RELATING TO ILLEGAL UNITS CITY DEFINITION Hermosa Beach Redondo Beach Manhattan Beach Dwelling Unit "Dwelling unit" or "apartment" means one or more rooms in a dwelling or apartment house or apartment hotel designed for occupancy by one family for living or sleeping purposes, and having only one kitchen." "Dwelling" or "dwelling unit" shall mean any building, or portion thereof, consisting of one or more rooms, including a kitchen which is designed and/or used exclusively as a residence by one family and which otherwise conforms to the provisions of this chapter. Dwelling unit means one or more rooms suitable for occupancy by one family for living or sleeping quarters. All rooms com- prising a dwelling unit shall have interior access through an interior doorway not con- taining a dead -bolt lock to other parts of the dwelling unit, with the exception of guest house or accessory living quarters subject to the limitation of Section 10- 3.241, provided that where a dwelling unit occupies two stories, interior access shall be provided between stories by an open, un- enclosed stairway. The establishment or the closing off of any portion of a dwelling unit containing a full bath, a 3/4 bath, or a 1/2 bath in Area District II and IV in any manner so as to permit occupancy by a sepa- rate household shall constitute an addition- al dwelling unit. An accessory building in Area Districts I, II, and II A only shall be permitted to contain a "1/2 bath" provided no kitchen facilities are installed; except that guest house or accessory living quarters shall be allowed to contain a full bath as provided by Section 10-3.241. For the purpose of this section, "open stairway" shall mean a stairway which has a minimum of one wall which is not more than 42 inches high openinginto at least one room from which the stairway connects each floor. 1 Huntington Beach Pismo Beach Hawthorne All portions of a main bulding shall be con- nected by an interior wall no less than seven feet (7') in length. The purpose of the above provisions is to make difficult the future conversion of le- gal dwelling unit(s) to additional illegal dwelling unit(s). The Director of Community Development shall strictly enforce the above Code provisions consistent with Section 10- 3.1901. If in the opinion of the Director of Com- munity Development, the design of the dwell- ing(s) has the potential to be converted to additional illegal dwelling units, such design can be reviewed by the City pursuant to Section 10-3.2103, Enforcement. If in the opinion of the Director of Com- munity development, it is improbable or im- practical for the proposed dwelling(s) to be converted to an illegal unit(s), such design may be approved as being consistent with the intent of this section, notwithstanding the fact that it varies from the design criteria provided for in this section. Dangerous buildings code: Dwelling Unit is any building or portion thereof which contains living facilities including provisions for sleeping, eating, cooking and sanitation, as required by this code, for not more than one family. Dwelling: A building or portion thereof designed and occupied exclusively for residential purposes including single -unit and multiple -unit dwellings, but not includ- ing hotels or boarding houses. An indi- vidual dwelling unit shall contain only one kitchen and can be designed for occupancy as a unit by one family for living and sleeping purposes. Dwelling: A building or portion thereof designed and used exclusively for transient residential occupancy, including one family, two family, three family dwellings and apartments and multiple family dwellings. "Dwelling unit" means one or more rooms desiged for or occupied by one family for living or sleeping purposes and containing kitchen facilities for use solely by one 2 Seal Beach Culver City family. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. A bachelor apartment constitutes a dwelling unit within the meaning of this title. "Dwelling Unit" means one or more rooms in a dwelling or apartment house and designed for occupancy by one family for living or sleep- ing purposes and having kitchen facilities for the exclusive use of only one family. A bachelor apartment also constitutes a dwell- ing unit within the meaning of this chapter. "Dwelling- Unit." A building or portion thereof designed for or used by one (1) fam- ily for living or sleeping purposes and having not more than one (1) kitchen. Guest house or accessory living quarters Hermosa Beach Redondo Beach "Guest house" or "accessory living quarters" means living quarters within an accessory building for the use of persons employed on the premises, or for temporary use by guests of the occupants of the premises. Such quarters shall have no kitchen facilities. and shall not be rented or otherwise used as a separate dwelling. "Accessory building shall mean a building, part of a building, or structure which is subordinate to, and the use of which is in- cidental to, that of the main building, structure, or use on the same lot. "Accessory living quarters" shall mean living quarters within an accessory build- ing located on the same premises with the main building for use by temporary guests of the occupant. Such quarters shall not have kitchen facilities and shall not be rented or otherwise used as a separate dwelling unit. "Accessory use" shall mean a use incidental, related, appropriate, and clearly subordi- nate to the main use of the lot or building, which accessory use does not alter the prin- cipal use of the subject lot or affect other properties in the district. Manhattan Beach Guest house or accessory living quarters. "Guest house" or "accessory living quarters" Huntington Beach Pismo Beach Hawthorne means living quarters within a main or an accessory building for the sole use of per- sons employed on the premises, or for tem- porary use by guests of the occupants of premises. Such quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling unit. Said accessory area shall not be required to be served by access through an interior doorway as noted in Section 10-3.228, but may be provided with access to an interior courtyard if there is not other exterior access and the following provisions are maintained: Guest house or accessory living quarters shall be limited to one room, to be a maximm of 500 square feet in size, and to contain a maximum of three (3) plumbing fixtures. Nothing in this section shall be construed to permit secondary residential units as provided in Sections 56852.1 or 65852.2 et seq. of the California Government Code. Accessory building. A detached building on the same site as a main building, the use of which is incidental to that of the main building, and which is used exclusively by the occupants of the main building. Accessory: A'use, customarily incidental to a building, part of a building or structure, which is subordinate to and the use of which is incidental to and detached from the main building, structure, or use on the same lot. If an accessory building is attached to the main building, either by a common wall, or if the roof of the accessory building is a continuation of the roof of the main build- ing, such accessory building shall be con- sidered a part of the main building. Accessory living quarters. "Accessory living quarters" means living quarters within an accessory building for the sole use of the family or of persons employed on the premises, or for the temporary use of guests of the occupants of the premises. Such quarters shall have no kitchen facili- ties and shall not be rented or otherwise used as a separate residence. • a c Torrance Seal Beach Culver City Hermosa Beach Redondo Beach Manhattan Beach Huntington Beach Living quarters, within an accessory build- ing for the sole use of persons employed on the premises or for temporary use by guests of occupants of the premises; such quarters having no kitchen facilities and not rented or otherwise used as a separate residence. "Accessory" means a building, part of a building or structure or use which is subor- dinate to that of the main building, struc- ture or use on the same lot. If an accessory building is attached to the main building it shall be considered a part of the main building. "Accessory Building." A detached subordi- nate building, or structure, which is lo- cated on the same lot or parcel with a main building or use, and which, when subordinate to a residential building, is not used as a dwelling for income purposes or does not contain a kitchen; or, when subordinate to a commercial or industrial building, is not used by or for a business separate from the main business conducted on the lot or parcel. Kitchen "Kitchen" means any room or space used or intended or designed to be used for cooking or fo the preparation of food. "Kitchen" shall mean any room in a building or dwelling unit which is used for the cook- ing or preparation of food. B.Z.A. resolution: ...finds and determines that the installation of a cooking appliance consitutes a kitchen within the meaning of the Municipal Code, and where such a kitchen is installed or maintained in a room or suite of rooms, said room or suite of rooms constitutes a dwelling unit.... A room or portion thereof containing facili- ties designed or used for the preparation of food including a sink and stove, oven, range and/or hot plate. Kitchen shall not include a wet bar. .Pismo Beach Any space used, intended or designed to be used for cooking and preparing food. 5 1 Hawthorne Seal Beach - Culver City Hermosa Beach Redondo Beach Manhattan Beach Huntington Beach Pismo Beach Seal Beach "Kitchen" means any room or portion of room used or intended or designed to be used for cooking or the preparation of food. "Kitchen" means any room or portion of a room used intended or designed to be used for cooking or the preparation of food. "Kitchen." Any room or portion of a room used or designated for the cooking or prepa- ration of food. Family "Family" means an individual, or two or more persons related by blood or marriage, or a group of not more than four (4) persons, excluding servants, who are not related by blood or marriage, living together as a sin- gle housekeeping unit in a dwelling unit. "Family" shall mean an individual or two (2) or more persons related by blood, marriage, or adoption, or a group of not more than five (5) persons, excluding servants, who need not be related by blood, marriage or adoption, living together in a dwelling unit, but not including homes for the aged or rest homes. Family is an individual or two or more per- sons related by blood or marriage or a group of not more than five persons (excluding servants) who 'need not be related by blood or marriage living together in a dwelling unit. Family. Two or more persons living together in a dwelling unit, sharing common cooking facilities, and possessing the character of a relatively permanent single bona fide housekeeping unit in a domestic bond of so- cial, economic and psychological commitment to each other, as distinguisehd from a group occupying a boarding house, club, dormitory, fraternity, hotel, lodging house, motel, rehabilitation center, rest home or sorority. Family: An individual or household of two or more persons living together in a dwell- ing unit, who need notbe related by blood or marriage. "Family" means an individual or two or more persons related by blood or marriage, or a ' 1, N {t M � r . ^. •" Culver City group of not more than five persons who are not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit. "Family." An individual, or group of persons living together in a dwelling unit as a bona fide single housekeeping. 7 M Honorable Mayor and Members of the Hermosa Beach City Council March 15, 1987 City Council Meeting of March 24, 1987 SB 151: MODIFYING THE MEMBERSHIP AND POWERS OF THE SOUTH OAST AIR QUALITY MANAGEMENT DISTRICT BOARD RECOMMENDATION: It is recommended that the City Council 1) take a legislative policy position opposing SB 151, as it would delete all city and county officials from a direct appointment to the Board, and 2) that the Council Committee on State Legislation further review AB 2031 (Felando) re other alternatives to modifying the SCAQMD. BACKGROUND Councilmember Simpson requested that this matter be placed before the City Council. ANALYSIS Attached for your review is a summary.of SB 151 (Presley) and a copy ofMr. Thomas F. Heinsheimer's presentation on this matter to the Los Angeles Division, League of California Cities. T VVI Gre or T eyer Cit Manager GTM/ld Attachments r - SB 151 (Presley) As Introduced January 8, 1987 PURPOSE: 1-21-87 The purpose of this bill is to change the composition of the South Coast Air Quality Management District Board (SCAQMD) and grant it more authority in an effort to attain federal and state air quality standards in the South Coast Air Basin. Nonurgency. ISSUES: o Thomas F. Heinsheimer, a member of the SCAQMD Board, wrote a letter to Senator Presley stating that the Board, as currently structured, "can never achieve" the state and federal air quality standards in the District. This bill seems to be a direct result of Mr. Heinsheimer's suggestions. (See attached letters). o This bill would reduce the existing 14 member Board to 7 members; 5 would be appointed by the Governor and the remaining 2 would be appointed by the Senate and Assembly. o While the existing Board is composed primarily of city and county officials, no such appointments would...be.,.made., under _ this bill. o SB 151 requires use of "clean burning fuels" as part of the air quality management plan. No statutory definition of "clean burning fuels" currently exists. - o This bill would impose fees on projects whose emissions exceed limits specified in the District rules and regulations. The bill does not specify which set of "limits" would be used. o SB 151 would empower the Board to adopt regulations which govern mobile sources. At present, the Air Resources Board has sole authority over mobile sources. o Under existing law, the Board is not required to directly review applications for issuance or renewal of permits. Such actions are delegated to its staff unless a project applicant appeals the staff decision. This bill would require that every application be reviewed directly by the Board for approval. o This bill would impose strict new conflict of interests prohibitions and would also restrict former Board members and District staff from having official contact with the District for up to 2 years following the end of their service with the District. Possible Effects of This Bill o Depending on how "clean burning fuel" in SB 151 is defined, waste -to -energy (WTE) projects could be prohibited in the District. o Charges on emissions in excess of regulatory limits could adversely affect WTE facilities which typically emit large amounts of regulated pollutants and undermine the use of offsets in the District. o Under the mobile source provisions in the bill, waste haulers could be prevented from operating during rush hours. Also, haulers, both public and private, could be required to purchase replacement vehicles which exceed existing state emissions standards or are capable of operating on methanol or other clean -burning alternative fuel. PRESENTATION BY THOMAS F. HEINSHEIMER LOS ANGELES COUNTY CITIES REPRESENTATIVE ON THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT BOARD TO THE LOS ANGELES DIVISION LEAGUE OF CALIFORNIA CITIES . . MARCH 5, 1987 SENATE BILL 151{PRESLEY) SCAQMD: MEMBERSHIP AND POWERS FOR FURTHER INFORMATION CONTACT: OR THOMAS F. HEINSHEIMER (213) 329-4006 EUGENE L. FISHER SCAQMD INTERGOVERNMENTAL AFFAIRS OFFICER (818) 572-6409 SOUTH COAST AIR QUALITY MAMA EMENT DISTRICT • MIS8ION G TO MEET AND MAINTAIN FEDEii/AI. AND STATE AM PENT AIR QUALITY STANDARDS. • REDUCE THE EMISSIONS OF TOXIC POLLUTANTS. • RESPOND TO AND REDUCE NUISANCES. I Federal Clean Air Act as, amended in 1977 NAAQS = 0.12 ppm 1—hour concentration. 1* Expected exceedance days calculated per 40 CFR 50.9 •• • Nl.. •A•• LOS ANGELES COUNTY .1S • •71BB�Br RI TOA114* SCAOMD Aur Monutonny Network •• • I IAS' 4P RAS,•. • AIR MI IN,iD4IN„ SIATI:•N • BURBANK • PASADENA • Ail/SA • / GLE NDORA / • SAN BERNARDINO COUNTY • CRESTLINE SAN BERNARDINO • • UPI AND IONTANA • • • / • Rf Dl ANDS tI)S AN(il LE SI OS AN(ift11 �7.4"A ONTARIO PICU RIVE RA • I • • cNinCHINCI RAI RS or • • T--� 1,10+01• WHOM R • • I • L•NWOOD / IA ...AMU \r NORCO 1 • \ RIVERSIDE COUNTY : PALM SPRIN<.s Ohio NI AI .H •• ANAHI IM • — — — f♦ l l l l • BANAMO ..SulImm • PT RAM ORANGE u_ COUNTY OST• MESA l • / EL TORO / • WW1 Let I' —1 LOS ANGELES Co. APCD SAN BERN. Co. APCD RIVERSIDE Co. APCD ORANGE Co. APCD SOUTHERN CALIFORNIA AIR POLLUTION CONTROL DISTRICT Formed July 1, 1975 Joint Powers Agreement SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT Formed February 1, 1977 Lewis Air Quality Act SOVTH COAST AIR BASIN OZONE CQNCEMTRATI4H5 OUNT7 CONTRO 1955-1986 REGIONAL CONTROL 1955 1960 1965 1970 1975 1980 1985 'EARS ANNUAL MAXIMUM OZONE ONE HOUR CONC. (PPM) STAGE II EPISODE STAGE I EPISODE FEDERAL STANDARD 80 • ..WHALL 1 1GtIP( 1 NUMBER OF DAYS O; WHICH FEDI PAI (1'ANDAPU (1-IIOIJR 0. 1. PPII? ) 100 '• 1 100 60 ..,_ • CAI STLI M 80 • w1I.A/1R •40 SAS 141.••••!•••••• •• •••••••••• LOS AMG(tIS LOS AMG(L S 120 •1: • • 60 99999 II5115 O +iMrO ..7..... • • • • 140 ••••••1 100 10 1il•Iw 1 (IAS.' A.Y IIA1•M • A.Y M( 4.,t14iM(. 11A..IA (1S'• VISA J • IL TU» 20 1 2 • 1 80 60 40 V .1111.1. ,:11...,ts ,. Not measured at this location. Less than 12 full months u• Intervals of 10.E Intervals of 20. 20 PER CENT OF DAYS OF EXCEEDANCE OF STATE AMBIENT AIR QUALITY STANDARDS at Worst Location In South Coast Air Basin 1985 too- 75- 50- 25 - 0 77 PM10 (Burbank, Riverside) 51 OZONE (Glendora) 14 1 CO NO2 (Lennox) (Long Beach, (Pico Rivera) SB -151 GOVERNING BOARD • PRESENT COMPOSITION AIMED 4111111B 6 COUNTY 5 CITY 3 APPOINTEES • PROPOSED NO COUNTY NO CITY 7 APPOINTEES • SUGGESTED OPTIONS FOR LA CITIES POSITION -- MAINTAIN AS IS -- ELIMINATE ALTERNATES -- 11 PERSONS (4 CITY, 4 COUNTY, 3 APPOINTEES) SB -151 INDIRECT SOURCES • PRESENT 0 AUTHORITY • RECOMMENDED POSITION PROPOSED APPLICATION OF \ INDIRECT SOURCE CN�TROLS • AMEND TO ASSURE GROWTH RESULTS IN AIR QUALITY BENEFIT -- CITY/COUNTY MAINTAINS CONTROL OF LAND USE DECISIONS -- SCAQMD AS RESOURCE FOR AIR QUALITY IMPACT ANALYSIS -- SB -151 .VEHICULAR POLLUTION CONTROL EXISTING BASIN PLAN TRANS- PORTATION ELEMENT ASSIST ARB WITH VEHICLE INSPECTION STRATEGIES PROPOSED NEW REG. AUTHORITY: (1) BAN DIESEL TRUCKS DURING RUSH HOURS. (2) SPECIFY FUEL COMPOSITION. (3) REQUIRE CLEAN FUEL FLEET VEHICLES. (4) ENCOURAGE RIDE - SHARING. (5) TRANSPORTATION CONTROL MEASURES. RECOMMENDATION: SUPPORT 15 4 z 0 10 11 0 5 ORGANIC EMISSION REDUCTIONS PLANNED SCAOMD RULES NEW AUTHORITY IN SB -151 18 15 13 1 1 1 1 T DRY-CLEANING PESTICIDES METAL PARTS FIBERGLAS TRUCK RESCHEDULING SB -151 PROCESS • PRELIMINARY INFORMATIONAL HEARINGS IN OCTOBER -DECEMBER '86. BILL INTRODUCED JANUARY '87. • INITIAL HEARING IN SENATE LOCAL GOVERNMENT COMMITTEE SET FOR MARCH 25, 1987 --COMMITTEE MEMBERS: --MARIAN BERGESON - CHAIRMAN --ROSE ANN VUICH - VICE CHAIRMAN --RUBEN AYALA --QUENTIN- KOPP --WILLIAM CRAVEN --NEWTON RUSSELL --ROBERT PRESLEY SB -151 RECOMMENDED ACTIONS • CITIES' REPRESENTATIVE TO PROVIDE TESTIMONY. • CITIES REQUESTED TO WRITE TO SENATOR PRESLEY AND COMMITTEE MEMBERS. CALIFORNIA LEGISLATURE -1987-88 REGULAR SESSION , ASSEMBLY BILL No. 2031 Introduced by Assembly Member Felando March 6, 1987 An act to amend Sections 39052.5, 39052.6, 40410, 40420, 40422, 40424, 40426, 40440, 40446, 40462, 40469, 40481, and 40509 of, to amend the heading of Chapter 5.5 (commencing with Section 40400) of Part 3 of Division 26 of, to amend the. heading of Article 2 (commencing with Section 40410) of Chapter 5.5 of Part 3 of Division 26 of, to add Sections 40405, 40426.5, 40426.7, 40429, 40447.5, 40451, 40452, 40490, 40491, and 40506.5 to, and to repeal Sections 40421 and 40425 of, the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGEST • AB 2031, as introduced, Felando. Southern Califbrnia Air Quality Management District: creation, organization, and functions. (1) The existing Lewis Air Quality Management Act prescribes the organization of the South Coast Air Quality Management District and the duties and functions of the south coast district board with respect to air pollution control in the South Coast Air Basin. This bill would rename the south coast district as the Southern California Air Quality Management District. (2) Under the existing act, the south coast district board is composed of 14 appointed members, with 11 appointed by local governments, one by the Governor, one by the Senate Committee on Rules, and one by the Speaker of the Assembly. This bill would revise the composition of the board to include 7 members, 5 appointed by the Governor, one by the Senate Committee on Rules, and one by the Speaker of the Assembly, and would specify the qualifications which each 99 40 AB 2031 —2— appointee is required to meet. The bill would specify that members of the board would serve at the pleasure of their respective appointing authority for not more than 2 years, unless reappointed. The bill would specify that 4 members constitute a quorum and that the board may act on the basis of a majority of those present and voting. The bill would designate the public member appointed by the Governor to be the chairperson of the board. (3) The existing act establishes the compensation of board members at $100 per day, not to exceed $500 per month, for attending meetings of the board or a committee of the board. This bill would increase that compensation to $200 per day, would delete the maximum monthly compensation, and would eliminate compensation for attendance at committee meetings. (4) The existing act does not contain any conflict-of-interest prohibitions or postemployment restrictions regarding matters which involved service on the board or employment by the district. This bill would prohibit any member of the board from raking part in any action of the board in any matter involving Himself or herself or any applicant with which he or she ,is connected, as specified, or in which he or she has a financial interest within the meaning of the Political Reform Act of 1974. The bill would require removal from the board for knowingly violating these prohibitions. The bill would prohibit any former district employee or officer, for one year following separation from the district or board, from representing any person before the board or the hearing board; from attempting to influence the district on behalf of any other person, from participating in any pending action before the board or hearing board on behalf of any other person; or from entering into a contract or accepting employment for any of these prohibited purposes. These provisions would become operative on July 1, 1988. By making a violation of these provisions a misdemeanor, the bill would impose a state -mandated local program. (5) The existing act requires the district to adopt an air pollution control plan, and to adopt rules and regulations consistent with state and federal laws reflecting the best — 3 — AB 2031 available technological and administrative practices. This bill would impose a state -mandated local program by requiring the district's rules and regulations to promote the use of the best available control technology, as defined, and clean -burning fuels and to provide for indirect source controls and transportation control measures. The bill would also permit the board to adopt regulations specifying the composition of motor vehicle fuel for sale in the district, requiring public and commercial operators of fleet vehicles to purchase new and replacement vehicles which exceed state emission standards or which can operate on methanol or other clean burning alternative fuel, encourage commuter ridesharing, and would prohibit or restrict the operation of heavy-duty vehicles on freeways and high-volume highways during peak commuter travel periods. The bill would authorize the board to establish zones wherein more stringent regulations are warranted, taking specified matters into account. • The bill would impose a state -mandated local program by requiring the board to administer and enforce a motor vehicle air pollution emissions and control device inspection program. The bill would impose a state -mandated local program by requiring the district to prepare and submit to the Legislature an annual report on air quality conditions and trends and on the status and effectiveness of the district's programs in this regard, and would specify what the report is to contain. The bill would permit the district to adopt rules and regulations establishing an economic incentive system of emissions charges to be paid by a person for each unit of a pollutant emitted in excess of limits specified in the rules and regulations. • (6) The existing act provides for the appointment of an executive officer and designated deputies who serve at the pleasure of the board. This bill would .delete the board's authority to remove deputies of the executive officer at will. The bill would permit the board to appoint an executive secretary. ' (7) The bill would impose a state -mandated local program by requiring the district to adopt rules or regulations for the AB 2031 — 4 — control of carcinogenic air pollutants, and would specify what the rules and regulations are to contain in this regard. (8) The bill would impose a state -mandated local program by requiring new permits for major projects, as determined by the board, to be issued by the board at a public meeting. The bill would also direct the board to provide time for public testimony and comments at meetings. (9) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. Section 39052.5 of the Health and Safety 2 Code is amended to read: 3 39052.5. "South coast "Southern district" means the 4 South Coa3t Southern California Air Quality 5 Management District created pursuant to Chapter 5.5 6 (commencing with Section 40400) of Part 3. 7 SEC. 2. Section 39052.6 of the Health and Safety Code 8. is amended to read: 9 39052.6. coast "Southern district board" 10 means the governing body of the south coa3t southern 11 district. 12 SEC. 3. The heading of Chapter 5.5 (commencing 13 with Section 40400) of Part 3 of Division 26 of the Health 14 and Safety Code is amended to read: 15 16 CHAPTER 5.5. SAIF COAST SOUTHERN CALIFORNIA 17 AIR QUALITY MANAGEMENT DISTRICT 18 19 SEC. 4. Section 40405 is added to the Health and 20 Safety Code, to read: 21 40405. As used in this chapter, "best available control 22 • technology" has the same meaning as defined in I AM — 5 — AB 2031 1 subsection (3) of Section 169 of the Clean Air Act (42 2 U.S.C. Sec. 7479 (3)) . . 3 SEC. 5. The heading of Article 2 (commencing with 4 Section 40410) of Chapter 5.5 of Part 3 of Division 26 of 5 the health and Safety Code is amended to read: 6 7 Article 2. Creation of the South Coast Southern 8 California Air Quality Management District 9 10 SEC. 6. Section 40410 of the Health and Safety Code 11 is amended to read: 12 40410. There is hereby created the South Coa3t 13 Southern California Air Quality Management District in 14 those portions of the Counties of Los Angeles, Orange, 15 Riverside, and San Bernardino included within the area 16 of the South Coast Air Basin, as described in Section 60104 17 of Title 17 of the California Administrative Code, as now 18 or hereafter amended. -. • 19 Any reference in any law or regulation to the South 20 Coast Air Quality Management District or the south coast 21 district is hereby deemed to refer to the Southern 22 California Air Quality Management District. 23 SEC. 7. Section 40420 of the Health and Safety Code 24 is amended to read: 25 40420. (a) The southern district shall be governed by 26 a district board consisting of 44 seven members 27 appointed as follows: 28 -Fad- Two mcmbcr appointed by the Board ef 29 Supervisors of the County ef Les Angcic3, whe shall be 30 members ef the beard ef supervisors: 31 (b) One mcmbcr ef the City Council ef Les Angeles- 32 ngeles32 appointed by the Mayor ef Les Angcic3. 33 -(e)- One mcmbcr ef any city council, cxccpt the City 34 Ceuneil ef Les Angcic3, in the portion ef the County ef 35 Les Angcic3 4ftelueled within the south eea3t met 36 appointed by a committee egg ef the mcmbcr3 ef 37 the eity selection committcc from that portion ef the 38 eennty 39 (d) Two mcmbcr appointed by the Beard ef 40 Supervisors ef the County ef Orange, whe shall be 99 170 Pk l: 20:31 — b — 1 mcmbcr3 ef the beard ef superv23or3. 2 (c) One mcmbcr appointed by each ef the ether 3 board) ef supervisors ef the counties included, 41 whale 4 er i part; within the seetk Beast district, which member 5 shall be e mcmbcr of the appointing beard of cupervisor3. 6 {-f} One mcmbcr ef atty city council itt the County ef 7 Orange appeited by the city selection committee ef that 8 county. 9 (g) One mcmbcr ef any city council in that portion ef 10 the County ef &Hi Bernardino included within the seuth 11 Beast district appointed by e committee con3i3ting ef the 12 mcmbcr3 ef the city ccicction committcc from that 13 portion of the county. 14 •: (h) One mcmbcr ef any city council in that portion ef 15 the County ef Rivcr3ide included within the Beeth coa3t 16 district appointed by a committcc consisting of the 17 mcmbcr3 of the city ccicction from- that 18 per -tion ef the county. 19 -fi} Three public mcmbcr3 appointed as fellows- 20 (1) Otte mcmbcr Five members appointed by the 21 Governor, with the advice and consent of the Senate. 22 (2) One member appointed by the Senate Committee 23 on Rules Committee. 24 (3) One member appointed by the Speaker of ,the 25 Assembly. 26 (b) All members shall be appointed on the basis of. 27 their demonstrated interest and proven ability in the 28 field of air pollution control and their understanding of 29 the needs of the general public in connection with air 30 pollution problems of the South Coast Air Basin. 31 (c) Of the five members appointed by the Governor: 32 (1) One shall be a local elected official from the 33 County of Los Angeles. 34 (2) One shall be a local elected official from the 35 County of Orange. 36 (3) One shall be a local elected official from the 37 County of Riverside. 38 (4) One shall be a local elected official from the 39 County of San Bernardino. 40 (5) One shall be a public member who shall serve as 99 190 1 — 7 — AB 20.31 1 full-time chairperson of the southern district board. The 2 chairperson shall serve as the district's representative to 3 the state board and be a member of the Executive 4 Committee of the Southern California Association of 5 Governments, in addition to serving as the South Coast 6 Air Basin's chief air quality policy spokesperson. 7 (d) The members appointed by the Senate 8 Committee on Rules and the Speaker of •the Assembly 9 shall be public members. 10 The public 11 (e) All members shall be residents of the southern 12 district and may be elected public official3, end shall have 13 intcrcst eF expertise in the field of air 14 pellutien eentrol. 15 SEC. 8. Section 40421 of the Health and Safety Code 16 is repealed. 17 40424, .fa} The Beard ef Supervi3or3 ef the County ef 18 Ventura shall appoint erre ef its mcmbcr3 as e mcmbcr ef 19 the south Beast district beard; if the county is included 20 withinthe south Boast district. 21 (b) The Beard ef Supervisors ef the County ef Santa 22 Barbara shall appoint erre ef its mcmbcr3 as e mcmbcr ef 23 the Beath Beast di3trict beard, if the county, er that 24 pertiefi ef the Bounty included within the South Coast fair 25 Basin, is itteluded within the south coast 26 SEC. 9. Section 40422 of the Health and Safety Code 27 is amended to read: 28 40422. Members of the south Beast southern district 29 board shall shall serve at the pleasure of their respective 30 appointing powers for not more than two years unless 31 reappointed. Any vacancy on the south coa3t southern 32 district board shall be filed within 60 days of its 33 occurrence by its appointing power. 34 SEC. 10. Section 40424 of the Health and Safety Code 35 is amended to read: 36 40424. Eight Four members of the south coa3t 37 southern district board shall constitute a quorum, and no 38 official action shall be taken by the south wast southern 39 district board except in the presence of a quorum and 40 upon the affirmative votes of at least cight a majority of 99 240 AB 2031 — 8 — 1 the members of the seeth coa3t southern district board. 2 SEC. 11. Section 40425 of the Health and Safety Code . 3 is repealed. • 4 X49425 The seuth newt distr-iet beard shall elect a 5 chairman every twe errs from its ternbership, Ne 6 member shell serve niere the twe consecutive terms as 7 chairman. 8 SEC. 12. Section 40426 of the Health and Safety Code 9 is amended to read: 10 40426. Each member of the seuth coot southern 11 district board shall receive a compensation of eee- two 12 hundred dollars (8100) ($200) for each day, or portion 13 thereof, bet net to exceed five hundred dellar3-($500)- 14 any fftelith, while attending meetings of the Beeth coot 15 southern district board or committees thereof or, upon 16 authorization of the Beeth coast southern district board, 17 while on official business of the seeth coa3t southern 18 district, and his actual and necessary expenses incurred in 19 performing his the member's official duties. 20 A member ef the seeth coat distriet beard whe is else 21 aifteraberefabeard ef sepervisers ere€the City Geerteil 22 ef Les Angcic3 infty appeint air alternate mcmbcr. All 23 mcmbcr3 shall attend at least 59 percent ef the regularly 24 scheduled mccting3 ef the south coast di3trict beard eF 25 shall be replaced. 26 SEC. 13. Section 40426.5 is added to the Health and 27 Safety Code, to read: 28 40426.5. (a) No member of the southern district 29 .board shall participatein any action of the southern 30 district board that involves himself or herself or any 31 applicant for a permit or holder of a permit with which 32 the member is connected as a director, officer, or 33 employee or in which the member has a financial interest 34 within the meaning of Section 87100 of the Government 35 Code. 36 (b) If, after a trial, the court finds that a member of the 37 southern district board knowingly violated this section, it 38 shall issue an order removing the member from the 39 southern district board. . 40 SEC. 14. Section 40426.7 is added to the Health and -;)- I11, :LAW1 1 Safety Code; to read: 2 40426.7. (a) For a period of one year following 3 retirement or dismissal from, or separation from service 4 with, the southern district or the southern district board, 5 no former employee or officer of the southern district or 6 former member of the southern district board may do 7 any of the following: 8 (1) Act as an agent or attorney, or otherwise 9 represent, any other person in any appearance before the 10 southern district board or the hearing board. 11 (2) Make any communication on behalf of any other 12 person with the intent to influence the southern district 13 board or its officers or employees or the hearing board. 14 (3) Represent, aid, counsel, advise, consult with, or 15 otherwise assist any other person in connection with any 16 proceeding, determination, application, request for a 17 ruling or other determination, or any other matter 18 pending action by the southern district board or the 19 hearing board. 20 (4) Knowingly enter into a contract or accept 21 employment for any purpose specified in this subdivision. 22 (b) Any violation of this section is a misdemeanor. 23 (c) This section shall become operative on July 1, 1988. 24 SEC. 15. Section 40429 is added to the Health and 25 Safety Code, to read: 26 40429. The southern district board may establish, 27 within the southern district, zones wherein more 28 stringent regulations are warranted. In establishing 29 zones, the southern district board shall consider the 30 degree of concentration of population and the number, 31 nature, dispersal, and impact on population of air 32 contaminants. 33 SEC. 16. Section 40440 of the Health and Safety Code 34 is amended to read: 35 40440. fie)- The Beeth eeast southern district board 36 shall adopt rules and regulations that are not in conflict 37 with state and federal laws and rules and regulations that 38 reflect will promote the use of the best available 39 teehrielegieftl end anative practicc3 control 40 technology and clean -burning fuels and provide for AB 2031 —10 — ' 1 indirect source controls and transportation control 2 measures. Upon adoption and approval of the plan, .seeb 3 these rules and regulations shall be amended, if 4. necessary, to conform to the plan. 5 (b) The rules artel regulations ef the SHA -her -ft 6 Galifernift Gemmel District shy r-efftaitt 7 effect ftfifi shall be cnforccd by the seuth eeast district, 8 until superseded of amended by the south eeast district 9 betel. 10 SEC. 17. Section 40446 of the Health and Safety Code 11 is amended to read: 12 . 40446. if requested by the state beams the seuth eeast 13 The southern district board nifty assist i the 14 ftelfftinistratien anti enforcement ef any state statute 15 establishing shall administer and enforce an inspection 16 program for motor vehicles .in the southern district with 17 respect to their air pollution emissions and their air 18 pollution control devices or systems and &By Mules and 19 regulations adopted pur-suont to seek &statute. 20 SEC. 18. Section 40447.5 is added to the Health and 21 Safety Code, to read: 22 40447.5. (a) Notwithstanding any other provision of 23 law, the southern district board may adopt regulations 24 that do all of the following: 25 (1) Specify the composition of motor vehicle fuel 26 manufactured for sale in the southern district. These 27 regulations shall impose requirements at least as 28 stringent as those of the state board. 29 (2) Require operators of public and commercial fleet 30 vehicles operating substantially in the southern district to 31 purchase new and replacement vehicles which exceed 32 existing state emission standards or which are capable of 33 operating on methanol or other equivalently 34 clean -burning alternative fuel and to require that these • 35 vehicles be operated, to the maximum extent feasible, on 36 the alternative fuel when operating in the southern 37 district. 38 (3) Encourage and facilitate ridesharing for 39 commuter trips into, out of, and within the southern 40 district. 99 320 —11— AB 2031 1 (4) Restrict the operation of or redirect heavy-duty 2 vehicles during hours of heaviest commuter traffic on 3 freeways and other high traffic volume highways. In 4 adopting regulations pursuant to this paragraph, the 5 southern district shall consult with the Department of 6 Transportation and the Department of the California 7 Highway Patrol. 8 (b) In adopting regulations pursuant to this section, 9 the southern district board shall consider the effect of the 10 regulation on public health, ambient air quality, and 11 visibility in the South Coast Air Basin; the technological 12 feasibility and economic costs and benefits of the 13 regulation compared to other available measures; and the 14 availability of low emission and alternately fueled 15 vehicles and alternative fuels. 16 SEC. 19. Section 40451 is added to the Health and 17 Safety Code, to read: 18 40451. (a) The southern district shall prepare and 19 submit to the Legislature, not later than July 1, 1988, and 20 each year thereafter, an annual report on air quality 21 conditions and trends and on the status and effectiveness 22 of the southern district's programs. 23 (b) The report shall include, but not be limited to, all 24 of . the following: 25 (1) A review of air quality trends in the South Coast 26 Air Basin over the most recent 10 calendar year period 27 for which a complete data record is available. 28 (2) A review of the number of days and locations that 29 federal and state ambient air quality standards were 30 exceeded and episode levels were attained. 31 (3) A report of the emission inventory, including the 32 actual level of emissions, for each federal criteria 33 pollutant from vehicular and nonvehicular sources in the 34 South Coast Air Basin during the year. 35 (4) A summary of rules and regulations adopted by the 36 southern district board and the total of emissions that 37 were reduced by the adoption and implementation of 38 these rules and regulations. 39 (5) A summary of the effects of any significant federal 40 and state actions over the previous year which have 99 330 AB 2031 . —12 — 1 affected the southern district air quality or air quality 2 programs. 3 (6) A summary of enforcement and engineering 4 programs of the southern district and what impact those 5 programs have had on its air quality. 6 (7) A status report on the vehicle inspection program 7 in the southern district. 8 (8) A list of recommendations for legislation or 9 administrative actions to resolve specific air quality 10 problems in the southern district. 11 SEC. 20. Section 40452 is added to the Health and 12 Safety Code, to read: 13 40452. In furtherance of the purposes of this chapter. 14 as set forth in Section 40402, the southern district board 15 may adopt rules and regulations establishing an economic 16 incentive system of emissions charges to be paid by a 17 person for each unit of a pollutant emitted in excess of 18 limits specified in the rules and regulations. 19 SEC. 21. Section 40462 of the Health and Safety Code 20 is amended to read: 21 40462. The plan and subsequent revisions shall 22 include deadlines for compliance with the federally 23 mandated attainment of primary ambient air quality 24 standards. The plan, and future revisions of the plan, 25 shall contain deadlines and schedules to achieve the state 26 ambient and the federal secondary ambient air quality 27 standards by the earliest date achievable by the 28 application of all feasenably the best available control 29 mca3urc3 aid teehnelegies technology, indirect source 30 controls, transportation control measures, and the use of 31 clean -burning fuels. 32 The plan sftd SebgefElistertt feN4siefts shall ode 33 pre ens to cn3urc that future growth and tlevelepinent 34 •• the Seeth Coa3t Air Basin awe; to the fliftx-ililefft 35 cxtcnt feaaible; eertsisteitt with the geal ef &chi ad 36 ineintaining the air quality stafielafels Tho revisions to the 37 plan shall identify the resources necessary to carry out 38 the plan its provisions, including enforcement costs and 39 the effect of plan its provisions on energy resources. 40 SEC. 22. Section 40469 of the Health and Safety Code 99 360 • 4- -13 — AB 2031 1 is amended to read: 2 40469. (a) Following submittal by the south eeast 3 southern district, the state board shall review -the leeally 4 adeptefl plan to determine its adequacy to meet the 5 requirements of the Clean Air Act (42 U.S.C. Sec. 7401 et 6 seq.) and its adequacy to attain state ambient air quality 7 standards through application of reasonably the best 8 available control mcaaurc3 and tcchnologic3 technology, 9 indirect source controls, transportation control measures, 10 and the use of clean -burning fuels. If the state board 11 determines that portions of the plan meet the Clean Air 12 Act requirements, it shall adopt and submit to the 13 Environmental Protection Agency the portions of the 14 plan required by the Clean Air Act within 120 days after 15 receipt of the plan from the Beeth eeast southern district. 16 (b) If the state board determines that the plan does 17 not meet all the Clean Air Act requirements, or does not 18 include a deadline for the attainment of the state ambient 19 air quality standards by application of reaseftably the best 20 available control measures and tcchnologic3 technology, 21 indirect source controls, transportation control measures, 22 and the use of clean -burning fuels, the state board shall, 23 prior to amending the leeally adapted plan, convene a 24 committee comprised. of two members each of the state 25 board, the Executive Committee of the Southern 26 California Association of Governments, and the south 27 coa3t southern district board appointed by the entity they 28 represent to attempt to resolve the differences. If it is 29 necessary to amend the plan, the state board shall do so 30 at a public hearing held pursuant to Section 41652 and 31 shall submit to the Environmental Protection Agency the 32 portions of the plan required by the Clean Air Act within 33 120 days after receipt of the plan from the see l3 coa3t 34 southern district. In submitting the plan to the 35 Environmental Protection Agency, the state board shall 36 indicate what changes have been made to the leeally 37 adapted plan in ordcr to permit the Euvirenrftentel 38 Proteetion Agcncy to con3idcr the mews ef the 39 fespensible leeal planning agcncic3. 40 SEC. 23. Section 40481 of the Health and Safety Code 99 380 AB 2031 —14- 1 is amended to read: 2 40481. The executive officer shall be appointed by the 3 southern district board solely on the basis of his 4 administrative and executive abilities and qualifications. 5 The executive officer aftd dc3ignatcd deputies shall serve 6 at the pleasure of the seuth coa3t southern district board, 7 and shall receive sueh the compensation as is determined 8 by the sem coa3t southern district board. 9 SEC. 24. Section 40490 is added to the Health and 10 Safety Code, to read: an 11 40490. The southern district board may appoint 12 executive secretary to perform those duties which are 13 - assigned to the executive secretary bythe southern 14 district board, including the maintaining of board records 15 and minutes. 16 SEC. 25. Section 40491 is added to the Health and 17 Safety Code, to read: 18 40491. Notwithstanding any other provision of law, 19 the southern district board shall, by rule or regulation, 20 establish, on or before January 1, 1989, the control of 21 carcinogenic air pollutants. The regulations shall do all of 22 the following: 23 (a) Specify project risk assessment procedures for 24 carcinogenic air pollutants. project risk •25 (b) Require applicants to provide a P ro j 26 assessment. 27 (c) Define significant cancer impacts of major new 28 projects, with the assistance of the State Department of 29 Health Services. 30 (d) Establish a combined best available control 31 technology for carcinogenic and criteria pollutants. 32 (e) Develop a continuous ambient air monitoring 33 program for carcinogenic air pollutants, including, but 34 not limited to, benzene, lead, cadmium, 35 trichloroethylene, methylene chloride, toluene, and 36 xylenes, which are prevalent in the South Coast Air Basin. 37 (f) Identify localized problems for carcinogenic air 38 pollutants and develop a control program to reduce 39 maximum individual risk. 40 • SEC. 26. Section 40506.5 is added to the Health and 99 400 — 15 — Ab 1 Safety Code, to read: 2 40506.5. New 'permits for major projects shall? be 3 issued by the southern district board at a public meeting. 4 The southern district board shall determine the criteria 5 for what constitutes a major project. 6 SEC. 27. Section 40509 of the Health and Safety Code 7 is amended to read: 8 40509. (a) Any individual may petition the south 9 coa3t southern district board to hold a public hearing on 10 a permit application. 11 (b) The southern district board, during each regularly 12 scheduled meeting, shall provide time for the public to 13 offer testimony and comment on district actions, rules 14 and regulations, air pollution control strategies, and air 15 pollution complaints. 16 SEC. 28. No reimbursement is required by this act 17 pursuant to Section 6 of Article XIII B of the California 18 Constitution because the local agency or school district 19 has the authority to levy service charges, fees, or 20 assessments sufficient to pay for the program or level of 21 service mandated by this act. 0 99 430